The Ninth Paragraph Touching the Prudential Laws and Constitutions of Great Britain relating to Prince and Peeple As also The Eminence and Variety of Honours which the King can confer c. VVHat the Arteries Nerfs and Cartilages are to the Body Natural the same are Laws to the Political they are the Ligaments of a Kingdom which connect and tie all sorts of peeple though of so many different humors in one Goverment and under one Souverain head The Common Law of England though in some things it differs from the Civil by which most parts of Europe are governd yet it hath the rationability and justness the general notions and aym of the Civil Law which is to preserve evry one in the possession of his own and the Souverain Prince in honour power and Safety The main quarrel against it is that it wants Method and that it is not reducible to any or capable to be digested into such a Pandect as the Civil Law is Wherunto it may be answered That the Common Law of England hath for its grounds 1. Custome 2. Iudicial Records And 3. Acts of Parlement or Statuts The two later being declarations of the Common or Customary Law of the Land are methodizd and digested to order as the book of Statuts c. whence the Sheriffs the Justices of peace and Constables with other Officers may learn their duties and how to execut their places and any subject els may know how to keep himself within the bounds of his obedience But the Common Law of the Land consisting of Cases Precedents and Judgments as also of Immemorial and Uninterrupted Municipal Customs which being no Written Things Therfore it is no wonder that the professors therof have not bin so curious to attempt hitherto the Methodizing of that Art which consists most of Custom and Usage yet fair Essays are made daily for better retaining the same in memory by putting particular Cases under general Rules wherof ther are divers Volums frequently publishd of late yeers Now the Laws of England look two ways either upon the Souverain Prince or upon the peeple Touching the later ther is no Law upon earth so careful and tender of a mans life or livelihood be he the meanest subject under the Crown as the Common Law of England is For wheras in other Countries a single Judge and Witness may take away ones life or estate wherof the one may be subornd the other corrupted t is not so in England but besides Witnesses and Judges ther be two sorts of Iuries one the Grand Inquest which consists of twenty four Gentlemen or able Freeholders to consider by a previous consultation of all Bills of Inditement to be preferd to the Judicial Court which upon strict examination they either approve and transfer to the Court by writing upon the Bill Billa vera or they disallow it by writing Ignoramus Such causes as they approve if they concern Life and Death are further referrd to another Iury to consider of because the case is of such importance but others of lighter moment are upon their allowance fined by the Bench without more ado Except the party traverse the Inditement or chalenge it for insufficiencie or remove the Cause to a higher Court by a Certiorari in which two former cases it is referrd to another Jury and in the later transmitted to a higher and presently upon the allowance of this Bill by the Grand Inquest the party is said to be Indited but such as they disallow are deliverd to the Bench by whom they are forthwith cancelld or torn The Indited party being to stand afterwards at the Bar and desiring to be tryed by God and his Country ther is a Petty Jury empannelld of Twelve who bear the publick repute of honest men and the Law of England is so indulgent of life that the prisoner may challenge or except against any to such a number and withal a Butcher who is inurd to bloud and slaughter is incapable by the Law to be a Jury-man for life So the said Jury after a strict and painful examination of the Fact with all the least circumstances therof deliver their Verdict according to their consciences wherby the Judg doth acquit or condemn the party according to the quality of the offence nor can any pecuniary Mulct satisfie for the life of any as it is in other Countries And as the Common Law of England is thus so tender of humane life so it is as cautious indulgent and careful of the livelihood and propriety of the meanest subject in the Land which in case of controversie is done also by Jury and put home to the Consciences of twelve indifferent good men and not left only to the breast and opinion of any one Judge be he never so learned and incorrupt The English Law likewise favors Widows and Orphans and the poor have Counsel appointed them gratis c. It appeers out of the premisses what a great regard the Common Law of England the Lex Terrae hath to the lifes and properties of the peeple in point of Justice Now in point of Reverence and Loyalty to the Souverain Prince which is more pertinent to this disourse ther is no Law hath higher regards likewise that way nor also to his honour and dignity to his welfare and safety to his Royal Prerogatives and glory which Prerogatives intrinsecally stick and are inherent in the Crown yet are they and the Liberties of the Subject determined and bound by the Law The Laws of England make the King their Protector and reason good for they are his own Productions t is he that puts life into them They bear such reverence to his person that in his Presence none can be seizd or violently layd hands on or arrested his very presence being a Protection for the time He who giveth but a blow to any in his Court the Law adjudgeth him to loose his Right hand The Law sayth that the King hath his Title to the Imperial Crown of Great Britain and to his Kingly Office and power not as a fiduciary thing conveyed from the peeple but by inherent birthright and inalienable heritage immediatly from God from Nature and from the fundamental Constitutions of the Land He hath not only Ius paternum a paternal power over his subjects but Ius despoticum herile he hath dominion over them which Dominion is devolvd upon him gratiâ Dei by Divine dispensation and favour Ther is no Alleageance or Fealty due to any other power but to the King The Law is so careful of the sacred person of the King that it reacheth unto the very thoughts and restrains them from machination of any evil against him For the Law says it is Treson to Imagine mischief against the King much more to attempt act and execute it The Common Law of England makes the King the Supreme and independent Governour And all other persons derive their power and authority from him either by his Royal Writ Patent or Commission
at Mahomet the thirds Circumcision which lasted 40 days there being then in Constantinople the Ambassadors of the greatest Monarchs upon Earth yet the Ambassador of Rodulphus the Emperour had the Precedence of them all All this is but Collateral to the main Designe of the intended Discourse which aims chiefly at Kings whereunto we now hasten but we will first give a few Hints or Prolegomenas of the Original of Kingly Government Of Royalty or Kingly Government THere is a Saying in France Pape par voix Empereur par Force Roy par Nature Pope by Choice Emperour by Might King by Nature viz. Successive and Hereditary Kings who ought to have the Precedence of Elective Whence may be inferred That Kingly Government is most agreeable to Nature Now 't is a tru and elegant Principle That Naturam sequi est Deo obsequi To follow Nature is to obey God Concerning the Character or Title of King it is of a more ancient date then that of Emperour For they who grope at Government before the Floud speak of Kings in Chaldee and Egypt Rome began with Kings and it may be said that it was more the Peeples Wantonness then Tarquin's which put them down Afterwards the Name of Emperour was given to that person who was Commander in chief of the Army or Praetorian Bands and Legionary Soldiers it was not a Title of that Sublimity and Transcendence as it proved afterward Among the Greek Authors the Names of Monarchs Kings and Emperours are taken promiscuously But all Writers that pretend to Policy acknowledge that Kingly Government of all other as it is the most ancient and may be said to begin with Adam so it hath most conformity with that of Heaven whence the best patterns for all Humane Actions are to be fetch'd and 't is no presumption to do it Moreover of all kinde of Ruling Powers Royalty is the prime for in it as the Civilians say there is formalis completa gubernandi ratio the most formal and compleat Essence of Government Royalty also hath the easiest the fewest and certainst Principles if any certain can be found for there is no Knowledge so subject to confusion and incertitudes as the Art for Man to govern Men It could never yet be brought to a Science which consists of general and tru Apodictical Demonstrations The Reason may be the various Inclinations Caprichio's and Humours of Peeple proceeding from the diversity of Climes and Coelestial Influences as also from that World of Contingencies which attend Human Negotiations likewise from the diffring Positions of Earth for those Laws and kinds of Government which may be proper for the Continent will not fit an Insulary Peeple nor those Laws of a Maritime Country can sute with meer Inland or Mediterranean Territories Therefore that Gran Senior of all Knowledge the Stagirite whereas he useth to be constant to himself while he gives Maximes for other Sciences when in his Politiques he comes to Human Government and beats his Brain how to prescribe certain Rules conducing thereunto He is not found onely at a loss and wavering to himself but he wraps his Scholars here and there in Clouds of Ambiguities Nor can we blame him and others to rove up and down in that manner upon this subject it being beyond the compass of Human Brain to enact such Laws may fit all times prevent all accidents and quadrat with the Genius of all Nations Some Peeple are so fiery-mouth'd that they must be rid with a Bit Curb and Martingale but a snafâ—…le and gentle hand will serve to manage others Now 't is observ'd that they who inhabit hard and barren Countries are more easily govern'd then those who live in fat and luxurious Soyls where being pamper'd with Plenty and Wealth they are apt to grow wanton and kick at or overthrow their Riders Yet it may be said that there is one certain and Universal Rule for Government and to keep a Peeple in a constant and exact Obedience and that Rule is For the Soveraign Prince to have always a standing and visible actual Power in motion as well to conserve as to curb a Peeple in case of any Commotion And 't is consentaneous to good Reason that the Subject shold contribut for this general Protection according to the saying Defend me and spend me that so evry one may rest under his own Roofs and sit at his own Fires in quietness and safety In sum All Statists concur in this That there is an Awe due to a King as well as Affection He must be a Dread Soverain as well as a Gracious and that Govermentâ—…s best temper'd where a few Drams of Fear are blended with the Peeples Love But now to our main Work Touching The Precedence of Kings And particularly of the great TRIUMVIRS OR The Three most Potent KINGS in Europe IN discussing this high Point we will first look Westward For there is a Story tells us That once when there were divers who stood in competition for the Kingdome of Persia it was agreed between them that the next morning they shold all meet in a great Plain and he who did first see the Sun rising and that his Horse did neigh shold be the King Being met on Horse-back at break of day as the rest stood gazing towards the East Darius one of the Competitors look'd always towards the West and at last finding a glance of the Solar Beams his Horse neighed whereat he suddenly turned back and so claim'd the Kingdome So to finde the truth of what is here sought after we will first look Westward towards Great Britain whose King may compare with any other whatsoever for these Reasons First for Antiquity of Predecessors and particularly of Christian Kings Secondly for an Independent absolute and unhomageable Possession and Authority both Spiritual and Temporal Thirdly for Eminence of Royal Dignity State and Titles Fourthly for Martial Exploits and Atchievments abroad Fifthly for a stout and strong sturdy freeborn Peeple with a plentiful Masculine Country and generality of Wealth Sixthly for a Royal long-lind Extraction and Blood Seventhly for Hospitality and a plentiful Kingly Court with number of Officers and stately Attendance Eighthly for diversity of Nations and diffring Maternal Languages As also that no Kings Face shines upon his Coyn in purer Metal Ninthly for Prudential Laws and Constitutions Tenthly for Greatness of Power by Sea and Land Defensive and Offensive With other Prerogatives I say that the King of Great Britain may hereby not onely claim an Equality with the other two but stand fair for a Precedence Now for proof of all the fore-pointed Particulars we will put evry one by it self and treat thereof in several Paragraphs and first Of the Antiquity of the King and particularly of the Christian Kings in Great Britain whereby we take A Jove Principium IT is observed by most Annalists who write of Countries and Nations that the Britains who were the Aborigenes the Primitive Inhabitants and may be said to be
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 hunâ—… 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
a Dialect of the Bascuence and Gascon That of Britany or Armorica is but a dialect of the ancient British continued so wonderfully in Wales after so many revolutions and changes of diffring Nations to this day Indeed the King of Spain hath an old Maternal Toung under his Dominions which is the Cantabrian or Bascuence all the rest are but several Idiomes or Dialects derived from the Latin and inlayd with a multitude of Morisco words The Castilian the Portugues the Catalan the Valenciano are Dialects of the Latin But the King of Great Britain hath two pure ancient Mother-Toungs within his Dominions which is the British or old Comraecan Toung And the Irish or Hibernian Toung which are subsistent of themselfs and have no derivation or affinity at all with any other Toung Ther are six Dialects also spoken in his Kingdomes The English which is a dialect of the Saxon or high Dutch Ther is the Scotish which is a sub-dialect of the English Ther is the Mankmen or they of the I le of Man which is also a sub-dialect of the Welsh Ther is the Highlander or Redshank which is a dialect of the British and Irish Ther is the Cornish which is a dialect of the Welsh And the Language of Iersey and Gernsey the only remains that are left us of Normandy which is a dialect of the French Now It cannot be soberly denied but that it is an addition of Honour to the King of Great Britain to have more Mother-Toungs reservd yet in his Dominions and as it were unconquerd then his two Neighbour-Kings Touching variety of Palaces and change of Royal Mansions he may compare if not out-go any of the other Kings For within half a days journey of London he hath eight several Houses and divers elswhere wheras the French King hath but the Louvre Fountainbleau Bois de Vincennes St. Germain de Laye and Madrid a small ruinous pile of stones which Francis the first causd to be erected in commemoration of his captivity so many yeers in Madrid in Spain in a small Brick House wherinto ther was a low little dore built by the command of the Emperour Charles the fifth of purpose to make the King stoop when he entred which he observing because he should not bow his head went in backward putting in his bum first The King of Spain hath but his Palace and La Casa de buen retiro in Madrid he hath Aranjuez with the Pardo between Madrid and the Escurial where he hath a Royal House yet it is but a Cantle of a Monastery t is but the handle of a Gridiron which that great structure resembles in memory of the Martyr St Laurence Philip the second having bin forced for the advantage of avenues to batter down a Convent dedicated to that Saint a little before the battail of St Quinten where he provd Victorious against the French and to perform a Vow he then made he built the Monastery of Saint Laurence at the Escurial Now touching all the foresaid Palaces in France and Spain Winsore-Castle may compare with any for Magnitude Majesty and State As Sir Thomas Roe who had bin Ambassador at the great Mogors Court at the Seraglio of the Gran Senior at the German Emperours at the French Polonian Danish and Swedish Courts I say Sir Thomae Roe did confidently and knowingly affirm that Winsor-Castle may not only compare but have the precedence of all the rest in point of Grandeur Majesty Situation and Stateliness Moreover the King of Great Britain hath Lodges and other places of plesure without number In regard of so many Forests â—…haces and Parks that are annexd to the Crown Touching Forests ther is no Potentat on Earth hath so many I may truly avouch Now a Forest is a Franchise of so Princely a tenure that according to the Laws of England none but the King himself can have a Forest if he chance to pass one over to a subject t is no more Forest but a Frank Chase. A Forest hath peculiar Laws of her own to take cognizance of and punish all Trespasses A Forest hath her Court of Attachments or Swainmote-Court where matters are as legally pleadable as at Westminster-Hall The Hart the Hind the Hare the Bore and the Wolf are Forest-beasts The Buck the Doe the Fox the Matron the Roe belong to a Chace and Park And all these kind of Recreations the King of Great Britain hath in so many Forests wherof ther are in England besides thirteen Chaces and seven hundred eighty one Parks these whose names follow alphabetically Forests name County 1. Applegarth Ebor. N. Rid. 2. Arundel Sussex 3. Ashdown Susses 4. Bear-Forest Hamp 5. Birnwood Buck. 6. Blackmore Wilt. 7. Blethvay Radnor 8. Bowland Lanc. 9. Braden Wilt. 10. Buckholt Hamp 11. Cantselly  12. Cardith Caermar 13. Chur. Hamp 14. Charnwood Leicester 15. Chul Wilt. 16. Coidrath Pembr 17. Copland Cumb. 18. Dallington Suff. 19. Dartmore Devon 20. Delamere Chesh. 21. Dene Gloc. 22. Dereford Salop. 23. Waterdown Suss. 24. Exmere Devon 25. Feckenham Wigorn. 26. The Forest. Cardig 27. Fromselwood Somers 28. Gaiternack Wilt. 29. Gautry Ebor. 30. Gillingham Dors. 31. Hatfield Essex 32. Harwood Salop. 33. Haye Heref. 34. Holt. Dors. 35. Huckstow  36. Inglewood Cumb. 37. Knaresburg Ebor. 38. Kings wood Gloc. 39. Knuckles Radnor 40. Leicester Leicest 41. St. Leonards Suss. 42. Lounsdale  43. Lowes Northumb. 44. Lune Ebor. 45. Leyfield Rutl. 46. Mallerstang Westm. 47. Mocktry Salop. 48. Narborth Pemb. 49. Neroch Som. 50. New Forest. Hamp 51. New Forest. Ebor. 52. Peak Derb. 53. Pewsham Wilt. 54. Pickring Ebor. 55. Radnor Radnor 56. Roscob Card. 57. Rockingham Northam 58. Sapler  59. Savernack Wilt. 60. Sherwood Notingh 61. Selwood Som. 62. Saucy North. 63. Wabridg Hunt 64. Waltham Essex 65. West Forest. Hamp 66. Westward Cumb. 67. Whichwood Oxf. 68. Winfield Westm. 69. Whitehart  70. Whittlewood Northam 71. Whitway  72. Wyersdale Lanc. 73. Winsore Bark 74. Wolmer  75. Wood. Ebor. 76. Worth Suss. 77. Wutmer Hamp This is the old number of Forests in England wherof a few as Blackmore in Wiltshire with others are deforested which Forests cannot by the Laws be in any ones hands but the Kings and the reason is because none hath power to grant a Commission for Justice in Eire but the King which Iustice is to keep a Court evry three yeers once but the Swainmoot-Court evry one yeer thrice Forests were at first for the Kings Princely delight Venery and plesure meerd with unremoveable marks and boundaries And the old Law is Omnis homo abstinent a Venariis meis super poenam vitae It was capital to hunt in any of the Kings Forests without leave Now if one shold make the Perambulation of all France and Spain he will not find half the number of Forests in both Kingdoms And whether this be not a notable advantage to the King of Great Britain in point of Honour let any unpassionat and sober-minded man determine
The Law presupposeth that he sits not only at the Kings Bench but in other Courts of Judicature for the Writs go Teste meipso And because the Law sayth that the King must govern in Mercie and Justice the sole power of Pardoning is in Him Moreover the power of Coinage is only in the King with the enhancing or decrying the price of money He is the sole Gran Master of the Mint wheras in France others partake with the King in this high Prerogative Nor doth any Kings Face shine in purer Metal for it shines onely in pure Gold and Silver and that of the finest Standard Mixture and Allay of any in Europe wheras I have seen and felt the face of the French King in Copper and Brass with other mixt mongrel stuff As also of the King of Spain's though he terms himself the Monark of Gold and Silver Mines yet the common currant Coyn twixt Merchant and Mechanick is Copper wherin the Hollander by his cunning hath done him a world of mischief from time to time by counterfaiting that Copper Coyn and â—…oysting it in by divers artifices as in a ship laden with Lead and Tin ther wold be somtimes divers Sows of Lead hollowed and crammd with quartils as also in hollowed Masts with other inventions Insomuch that one time when all the Vellon or Copper Coin was calld in and a scrutiny made how much had bin coynd ther were many millions more found to be brought in and counterfaited then had bin stampd in the Kings Mint By the Common Law of the Land the King of Great Britain hath three Royal Ensignes which cannot belong to any other He hath the Crown the Scepter and the Polemical Sword as I have mentiond in another Treatise and is proper to touch here By the first He reigns by the second he makes Laws by the third viz. the Sword He protects them Concerning the Crown or Royal Diadem the Laws of England assert that it descends upon his head by a right Hereditary line though through dâ—…vers ancient Royal Races wherof some were Conquerors The Crown is His as much as any mans Cap 's his own And ther is no Crown stuck with fairer Flowers I mean Royal Prerogatives wherof divers were spoken of before Concerning the Scepter it may be calld an Individual Copartner or a Royal Appendix to the Crown It doth capacitate the King to Enact Laws for before his Assent all the Results and Determinations of Parlement are but Bills they may be said to be but abortive things and meer Embryos nay they have no life at all in them till the King by his breath infuseth vigour and animation into them and the ancient Custom was for the King to touch them with the Scepter then they are Laws and have a virtue in them to impose an universal obligation upon all sorts of peeple Now it is an undeniable Principle of the Law of England That nothing can be generally binding without the Kings Royal Assent nor doth the Law take notice of any thing without it This makes Them to be calld afterwards the Kings Laws and the Judges are said to deliver the Kings Iudgments nay he himself is always Lord Chief Justice of England which Title is not assumable by any Subject Now before an English Law is made ther is mature and mighty long deliberation goes before for first the business is agitated and canvasd many days in the House of Commons which represents all the peeple of England till it comes to the ripeness of a Bill The Bill being drawn is read thrice in the House and having passd the brunt of all Exception t is engrossd and transmitted to the Lords and there also t is read thrice and debated with much deliberation Then by concurrence of both Houses t is presented to the King who consults with his Learned Counsel whether ther be any thing therin derogatory to his Prerogatives if not He gives his Royal Assent and then t is created a Law and generally binding Touching the power of the Sword it is more proper to treat of it in the next Paragraph Moreover the Lex Terrae the Common Law of England makes the King the Fountain of Honour nay without any disparagement or offence be it spoken He can confer Honor upon other Kings and Souverain Princes as he is Souverain of the Order of Saint George wherof ther have bin eight Emperors five Kings of the French four of Spain seven of Portugal two of the Scots four of Denmark three of Naples one of Poland and another of Sweden two Dukes of Urbine one of Millain one of Ferrara one of Savoy one of Calabria one of Holland one of Gueldres four Princes of Orenge seven Counts Palatin of the Rhin two Dukes of Brunswick two of Holstain one of Brandenburgh and one Duke of Wittenberg with divers other Forren Princes Now among all Orders purely Military ther is not any now remaining in the Christian world either more ancient or honorable then the Noble Order of Saint George wherof the Garter is a Symbole therfore are they calld Equites periscelidis Knights of the most Noble Order of the Garter which Order was first instituted by that Victorious King Edward the third who was offerd to be Emperour Anno 1350. which was threescore yeers wanting one before the Institution of the French Order of S. Michael by Lewis the eleventh and 229 yeers before the Order of St. Esprit by Henry the third and full fourscore yeers before the erection of the Order of the Golden Fleece by Philip Duke of Burgundy It is also 209 more ancient then the Order of the Knights of the Elephant which was devisd by the Kings of Denmark and much more then that of Amaranta excogitated by Sweden c. Now observable it is that among all these Orders l'ordre del toison d'or the Order of the Golden Fleece related to the English Wools which were transported to Flanders by our Merchants wherby all the Provinces adjoyning did so infinitly enrich themselfs And this Order of the Golden Fleece as it is one of the highest Esteem so it hath most affinity with our Order of St. George in point of Regulation as also that ther are so few of it For our Order is accounted far the Nobler because it hath constantly kept it self to the same number of Knights viz. 26. since the primitive Institution wheras the French Orders have multiplied so fast in number of Knights that one said the Order of the French Knighthoods are now become Collers for every Ass to wear about his neck And as this high Order of St. George hath the precedence of all other now worn by any King in point of Antiquity so the ground and designe of it was very Noble For when the first Idea of erecting a new Order of Knighthood entred into the head of the foresaid Heroick King Edward the third his thoughts reflected upon King Arthur who indeed was the first founder of Knighthood not only
among Christians but of any other Nation upon earth As also the first King who gave Royal Arms His Coat being Azure nine Crowns Or marshalld 3. 3. 2. and 1. Afterwards the Saxon Kings gave Arms And Edward the Confessors Coat was Azure a Cross patence between four Martelets Or. And as King Arthurs Round Table which is yet to be seen at Winchester had seats for twenty six Knights so it seems King Edward proportiond his number Now the occasion of it was That he having resolvd upon a War with France for attaining that Crown which was due unto him by his Mothers side He conceavd it advantageous to invite and engage to his party such as were of a Martial spirit And to that end erected a round Table at Windsore in imitation of King Arthur where they were entertaind with Tilts and Tournements magnificent Feasts and other Princely ways to unite and encourage them Philip de Valois who was in possession of the Crown of France went about to countermine him by erecting also the like Table in his Court and so drew many gallant and adventurous spirits that way and some out of England so that King Edward not finding this designe answerable to his mind he fell on another such as might prove more adherent and binding unto Him to which end he establishd this high Order of Chivalry consisting of twenty six persons of eminent note wherof He Himself and his Successors Kings of England were to be perpetual Souverains All of them were to be men of Heroick parts and such as shold be obligd by Oath and Honour to adhere unto Him upon all occasions which might be the probablest cause that he made the Garter for a Badg therof to be fastned about the left leg with a Buckle of Gold to be continually worn therfore are They stild Equites Periscelidis as was touchd before which hath its Etymologie from the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Crura ambiens girding about the knee which alâ—…udes that those Knights shold be bound in one League and Confederation of love and affection severally one unto another and all of them in joynt service to the Souverain Some ther are who are of opinion that the Garter was given because that in a Battle where King Edward provd Victorious he had given the word Garter for a Signal Others in a derogatory way wold ground it upon the Countess of Salisburies Garter falling off from her in a dance and so taken up by the King But the Black Book in Winsore which deserves most faith in this point gives the first Reason for it Among other Laws that were enacted in the Chapter when this Order was first raysd one was That evry Knight by solemn Oath upon the Evangelists was sworn to defend the Honor and Quarrels the Rights and Lordship of the Souvrain c. Such a Sacramental Oath the Knights of the Bath also take which is To love their Sovrain above all earthly cretures and for his right and dignity to live and die c. Therfore I have often stood astonishd at the largeness of the consciences of some Knights of both these Orders who besides other astringing Oaths as those of Allegeance Supremacy c. could dispense with them All in the late Rebellion so far as not only not to adhere to their Sovrain Liege-Lord and King when his life was sought for by small and great Shots with other instruments of open hostility and slaughter but to appeer for to serve and stick unto the contrary party all the while Truly under favor I wold be-loth to exchange souls with them We will put a period to this Discours of the ancient Noble Order of St. George with a signal observation of Bodin's Decretum fuit in Collegio Equitum Periscelidis in Anglia ponere stemmata Regis Francorum ante caetera omnia post Principem Ordinis It was decreed in the College of the Knights of the Garter in England to put the Stems of the King of the French before all other except the Prince of the Order And the reason I conceive was that Philip the second whiles King of England was formerly put before But Bodin was herin deceavd for the Emperours Arms wherof ther have bin eight of the Order go before and have the precedence Out of the premises may be deducd this cleer Conclusion as a Meridian Truth that the Common Law of England in all things ayms at the Honour and glory the power and authority the Safeness and incolumity of the Sovrain Prince more then the Laws of any Country And wheras we had some touches before how the Common Law which is peculiar only to England hath the rationability of the Civil Law though not so digested to Method in regard it consists most of Custom Cases and presidents we will conclude this Paragraph with some principles wherin they both agree As Actori incumbit onus probandi The proof lies on the Accuser Nemo oportet esse sapientior legibus No man ought to think himself wiser then the Laws Ubi lex non distinguit ibi non est distinguendum We must not distinguish where the Law doth not Accessorium non ducit sed sequitur suum principale The Accessory doth not lead but follow the principal Volenti non fit injuria No wrong can be done to him who is willing Agentes Consentientes pari poena plectuntur Actor and consenter are to be punished alike Apices Iuris non sunt Iura The punctilios of the Law is no Law Nemo potest esse Iudex in propria causa No man can be Judge in his own cause Caveat Emptor Let the Buyer beware Contraria allegans non est audiendus Who alledgeth contraries is not to be heard Cujus est dare ejus est disponere The Giver may dispose of his gift as he pleaseth Quilibet in Arte sua est credendus Evry one is to be believed in his own Art Potestas derivativa non potest esse major primitiva A Commissioner cannot have greater power then He who gave him the Commission Dies Dominicus non est Iuridicus The Lords day is no day of Law Dormit aliquando Lex moritur nunquam The Law may sleep a while but never die Dilationes in Lege sunt odiosae Delays in Law are odious Facinus quot inquinat aequat All are principals in a crime Generale nihil certi implicat No certitude can be had out of generals Ignorantia non excusat Legem Ignorance of the Law doth not excuse the breach of it Lex non cogit ad impossibilia The Law doth not tie us to impossibilities Lex est summa Ratio The Law is the highest Reason Lex citius tolerat privatum damnum quà m publicum malum The Law tolerats a privat damage rather then a publick Mala Grammatica non vitiat Chartam False Latin doth not destroy a Deed Linea Recta semper praefertur transversali A right Descent is always preferrd before a Collateral in
small and great It reacheth to all the Military strengths both by Land and Sea to all tenable places as Castles Forts Bulwarks within and about the whole Iland The Kings of England have had the sole power of this Sword and the Law gives it them by vertue of their Royal Signory from all times The very Law doth gird it to their sides They employ it for repelling all Forren force For vindicating all Forren wrongs and affronts For suppressing all intestine Tumults and Rebellions And to protect and secure the weal of the whole Body politick The peeple of England represented in Parlement were never capable to manage this Sword the Fundamental Constitutions of the Country flatly denieth it them This Sword is fit only to hang at the Kings side as the Great Seal hangs at his girdle being as it were the key of the whole Kingdom and it is recorded of the Emperour Charlemain that he carried his Great Seal always embossd upon the pommel of his Sword which signified that he was ready to make good and maintain what he had Seald Now to let the Peeple have the Sword is to put it into a Mad-mans hand And one of the pregnantst Forren examples to prove this is that notorious Popular insurrection in France calld La Iaquerie de Beauvoisin when the Peasans and Mechanicks had a designe to wrest it out of the Kings hand for to depress all the Peers and Noblesse of the Kingdom and the Rebellion had grown to such a strength that it was like to take effect had not the Prelats and Churchmen stuck close to the King and the Nobility but afterwards poor hare-braind things they desired the King upon bended knee to take the Sword again The Civilians who in all points are not so great frends to Royalty as the Common Law is assert That ther are six Praerogatives which belong to a Souvrain Prince 1. Armamenta Army 2. Potestas Iudicatoria power of Judicature 3. Potestas vitae necis power of life and death 4. Bona adespota masterless goods 5. Census the numbring of the people 6. Monetarum valor the raising or abating the value of the publick Coyn. Among these Regalias we finde that Arming which in effect is nothing els but the Kings Sword is one and as I said before t is as proper and peculiar to his Person and to be soly on his side as the Crown on his Head or the Scepter in his hand and of greater importance then either For by those two he draws only a voluntary love and an opinion from his Subjects but by the Sword as threed thorow a Needles eye he draws a Reverential Fear and aw Now these two mixd with the other are the best Ingredients of Government With the Sword he confers Honors as dubbing of Knights c. From this Sword all the chiefest Magistrates have their authority The Lord Deputy of Ireland the Lords Mayors of London and York have their Swords by deputation from Him and when he entreth any place Corporat the first thing which is presented unto him is the Sword Nor doth the point of this Sword pass thorow the diameter and reach only to evry corner of his own Dominions but it extends beyond the Seas as well to preserve his Subjects from oppression and denial of Justice as to vindicat publike wrongs and affronts to make good the Interests of his Crown as also to assist his Confederats and friends And this publick Sword is so inseparable from him that by the Law of the Land he cannot ungird himself of it or transfer it to any other for that were to desert the protection of his peeple which is point blank against his Coronation-Oath and Office Therfore the very Proposition it self that the Long Parlement made to his late Majesty to have the Militia passd over unto them was no less then High Treason for nothing could be more derogatory to his Kingly Honor which they had protested so solemnly to maintain by their so many publick Instruments and Oaths We proceed now from the Rural Power or Country-campane of the King of Great Britain to his Oppidan Strength And first of his Court at Westminster where ther are 200 goodly tall men of his Gard Then he hath a Band of Pensioners who are Gentlemen of quality and wealth Moreover he hath 3000 Foot and 1000 Horse for his Life-Gard besides divers Garisons in sundry Towns And now we make our entrance into the City of London that huge Magazin of Men and Might A City that may well compare with any in France or Spain not only for Power but for any thing els and in some particulars may haply go beyond them and deserve a Precedence as shall be shewd Nor doth this Power extend only to her own Self-protection but it may be made use of for any part of the Kingdome upon any Civil Insurrection or otherwise as it shall please the Sovrain Prince and no other whatsoever to employ it The City of London is like a fair Quiver of keen strong Arrows for the King to draw forth upon all occasions for his own and his peeples preservation For besides twelve thousand choice gallant Citizens in London and Westminster with the Hamlets of the Tower who are enrolld and always ready and have their Arms fixd for Honor and Defence ther may be as appears by divers Censes and Computations which have bin made about two hundred thousand choice able men raisd for service if necessity requires and the City will scarce sensibly miss them nor are Seamen Mariners and Water-men meant to be of this number The Kings of France and Spain I may well avouch have not any such Town or City That which is most capable of comparison with London is Paris for which she hath many advantages for she is a Cité Ville and Université she is a City a Town and an University as also the chiefest Residence of the French King But le ts go a little to particulars and first to the Populousness of both Cities They say that the Parishes of St. Eustace and St. Innocent which lie about the centre of Paris have above one hundred thousand Communicants in them alone and that by the last Cense which was made ther were neer upon a million of humane Souls in City and Suburbs wherof the sixth part are made up of Strangers and Church-men which the King cannot make use of upon Military occasions But look a little forward it will appeer that London hath above a Million of souls For largeness and magnitude t is tru that Paris hath the advantage of an Orbicular Figure which is most capacious of any But by the judgment of those Mathematicians who have taken a survay of both Cities if London were cast into a Circle she wold be altogether as big as Paris Touching publick Buildings t is tru that the Louvre is a vast Fabrick and the like is not found in London but t is the only Court the French King hath in
ΠΡ Ο Ε Δ Ρ Ι Α Î’ Α Σ Ι Λ Ι Κ Η 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 some Forren Authors either out of Ignorance or Interest have represented Her in order to this Particular Whereunto is also adjoynd A distinct Treatise of AMBASSADORS c. Symbolum Authoris Senesco non Segnesco LONDON Printed by Ia. Coâ—…trel for Sam. Speed at the Rainbow and Chr. Eccleston at the middle shop under St. Dunstans Church in Fleetstreet 1664. TO HIS MAJESTY OF Great Britain France and Ireland c. SIR THer are many who have written of the Pre-eminences and Antiquity of the Power and Prerogatives of France and Spain in order to a Precedence or Superiority But while they magnifie their own Kings they derogat from other Moreover while they produce their Resons they often fall into such excesses of speech that they may be calld rather Rodomontados then Resons But ther is none who hath written yet of Great Britain in relation to this Point therfore t is the principal scope of this VVork wherin ther is an Endevour to make Her better understood and to prove by Relevant and lively Resons without offence to any That the Monark of Great Britain if He go not before at least He ought not to come behind any King whatsoever Now in regard t is a Theme of so sublime a Nature and depends chiefly upon ancient Records History and the Opinion of Civilians who have bin principally consulted the Author hath had a special Care and Caution to be very exact and tru in his Quotati ons of all kinds Lastly The Author most humbly under favor did deem Himself not altogether incapable of such a Task for having bin in most of the great Courts of Christendom For having Negotiated by Royal Commission above three years in the Court of Spain For having bin Orator in an extraordinary Ambassage to Denmark and divers Princes of Germany For having bin so often in France and sundry Courts of Italy c. He may be thought not to be Impar Negotio May all the Blessings and best Influences of Heven light upon Your Royal Head this New-Year and many many many more according to the due and dayly Devotions of the humblest of Calendis Januarii 1664. Your MAJESTIES Votaries Vassals J. Howel To the Discerning Reader THe Ingredients and Matter wherof this New kind of Historical Peece is composd may be said to be all of Crown-Gold the subject therof being Kings Whence it is worth the observing that History is a Lady of that Excellence that she hath Kings to her Subjects We well know what a ticklish and tremendous Task it is to treat of Kings who have power of Life and Death Ther must be as much Caution as Care usd therin It is as perilous as it is painful It is as walking upon the Ridg of a high House or dancing upon a Rope where unless one be well counterpoizd he is in danger to break his Neck Especially a task of this high nature that treats of Regal Precedence And we find that they who write too peremptorily thereof have done it with more offence then satisfaction And indeed ther was never any binding Determination made therof but where Decisions have bin made the Princes upon new occasions have excepted or protested against them Therfore the Author here doth not presume to determine the Question positively and definitively en dernier ressort for Tantas componere lites Non opis est nostrae Therfore he refers it to the Discerning Reader who is left free and evry way unsubornd to pass his Iudgment accordingly in mesuring evry King by the merit of his own Resons which are here fairly and faithfully exhibited and those of France and Spain exactly drawn out of their own Authors having not omitted any that hath any weight Now t is found among Historians that Contestations about Precedence of Session and Superiority with other Formalities Complements Visits and Ceremonies have bin very fatal to Christendom And t is observd also that the various Dignities in the Church hath multiplied them The great Clash twixt Rome and Constantinople twixt St. Peter and St. Andrew was the unhappy cause of the Defection and total Separation of the Greek Church from the Latin The hot Dispute for Precedence twixt the Emperour Frederiki and Pope Adrian 4. did put all the Christian world on fire The great Oecumenical Council at Lyons which concernd so much the interest of Christendom broke up about Punctilios for Precedencie The great Contest twixt Patriarks and Cardinals bred a great deal of confusion but at last the Patriarks had the better for they of Constantinople Hierusalem Antioch and Alexandria precede the Cardinals though they be calld the Princes of the Church and have the Prerogative not to be tryed without 72 Witnesses I mean the Bishop-Cardinals 44 Witnesses the Cardinal-Priests and 30 the Deacon-Cardinal One of the 24 Causes and it proved the greatest that the English lost France was a Clash that happend at St. Omers twixt the Duke of Bedford and Burgundy about Punctilios of Complement and Precedency That hopeful Trety of Peace at Bullen twixt Queen Elizabeth and her Brother-in-law Phil. 2. King of Spain after a long lingring War by Sea and Land broke off for question of Precedence or rather for the peevishness of the Spanish Ambassadors who had no other Argument that had any probability of reson but that the Catholik King was encreasd in Territories wheras the Civilians say that Supervenient and Accessory Dominions with accumulation of Titles have no force twixt Princes all the while they continue still in eodem gradu dignitatis Nor could they give any answer at all to the Arguments the English Ambassadors producd wherof one was that of Volaterranus who doth plainly relate how the Pope did adjudge the Prerogative of Precedence to Hen. 7. of England before Ferdinand of Spain as it will appeer more at large in the following Discours Now ther have bin divers means found by prudent Mediators from time to time for accommoding and reconcilement of differences in point of Precedence somtimes by dilatorious ways somtimes by Alternatif Determinations yet Jure Partium integre reservato As the great clash twixt Warwick and Buckingham in England was composd that they shold precede alternatim evry three yeers so the hot contest twixt the Ursini and the Colonnas two of the antientst Families in Rome was reconcild that the elder of the two who were living shold precede which makes the younger never come to the Popes Chappel where they take place next Kings Ambassadors The difference Inter Scherensem Wolfeggianam Familiam in Germany was reconcild that the one shold carry the Pomum Aureum the Golden Apple of the Empire going in the other at
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
that notable Virago bestir her self how suddenly was there a great Fleet in a readiness and an Army by Land how magnanimously did she view her Musters and encouragd the soldiers riding up and down with a Plume of Feathers in her Hat like another Boadicia So that mighty Armada passing through the narrow Seas as far as the Downs her great Galeons were so plyed and pelted by the English ships that they were utterly overthrown only some few fetching a compass about Scotland got safe to Spain to bring news what became of the rest I have been somwhat overlong in this Paragraph but ther shall be a compensation made for the Prolixity thereof by the Brevity of those that follow The Fifth Paragraph That the King of Great Britain hath as stout and strenuous sturdy Free-born Peeple to his Subjects as any other King with as generous a Country and Generality of Wealth I Will begin this Paragraph with a late eloquent Character that an Italian Nobleman the Count Alfonso Loschi of Vicenza gives both of the Peeple and the plenty of England in his late printed Volume calld Compendi Historici La popolatione d' Inghilterra è innumerabile gli huonimi sono disposti ben organizati grandi di corpo di faccia serena bianca rubicunda nella guerra terribili audaci nelle risolutioni precipitosi crudeli Qe Donne riescono à Maraviglia belle gratiose can la Leggiadria del vestito rapiscono I cuori Inghilterra vanta non immeritamente titolo di Monarchia in expressione gieroglifico di che tiene il Re di sotto allo scettro la palla per figura della dominatione del mondo Non cie Potentato che con armata maritima possa approdare à liti à quali servendo per mura l' Oceano per isbarco sicurissimi arenosi recessi non vimprontano l'orme piedi stranieri se ben spesso con Intestine seditioni non havesse contro le proprie viscere rivolto le seditioni l'armi riuscirebbe indomabile ne cisarebbe potenza sopra l'Inglese L'aere salubre ricchezze grandissime li terreni fecondi minerali li pascoli abondanti delicati onde le lane d'Inghilterra tengono il primo luogo c. Which Character coming from so indifferent a Judge and so fresh an Author and a Personage of so high a Wit and Quality I thought worthy the rendring into English The Peeple of England are innumerable the Men welldisposd and organizd or limmd tallish of stature of comely Countenances white and reddish they are terrible in the Wars and bold headlong and cruel in their resolutions The Women are marvellously beutiful and handsome and by the quaintness of their Dresses do ravish hearts England not undeservedly glorieth of the Title of Monarchy by the Expression and Hierogliphic that the King bears under his Scepter which is a Globe or Ball that represents the Government of the world Ther is no Potentat whatsoever that with any Naval power can approach his shores wherunto the Ocean serving for a Wall with most secure and sandy Recesses for disimbarking the stranger cannot plant his foot And if England did not use so often to turn the sword into her own Bowels by intestine seditions she wold prove invincible and ther wold be no power above the English The Air is healthful mighty Riches the Soyl is plentiful and abounding with Minerals the Pasture luxurious and delicat whence it proceeds that the English Wool is incomparable This new noble Author when he comes to deliver his Opinion of France and Spain doth not speak half so much of either nor of any Country els for he treats of all the Kingdomes of Europe and of other besides Now it is taken pro concesso t is a truth granted by all that ther is no King hath more choice of lusty and stout Bodies to make soldiers of then the King of Great Britain hath in his Dominions ther is the English Welch Scots and Irish Nations that keep still entire their innated spirits and stoutness uncowd And this may be imputed to the Policy and Moderation of Government to the equal distribution of the VVealth and Plenty of the Country For the Yeoman and Franklin goes well clad hath wholsome Nutriment and as a return of his Labor from the grateful Earth hath wherwith to provide for his children that they may not encrease the number of Beggers It is not so in some Countries which made one say though ther may be some excess in the expression That the Yeomen and Freeholders of Kent are able to buy half the Peasants of France Such Subjects and such a Country the King of Great Britain commands which made Eumenius in his famous and elegant Panegyric to Constantin the Great to melt thus into her praises O fortunata omnibus beatior Terris Britannia quae Constantinum Caesarem prima vidisti Meritò Te omnibus Coeli ac Soli dotibus Natura donavit in qua nec hyemis est nimius rigor nec aestatis ardor In qua segetum est tanta foecunditas ut muneribus utriusque sufficiat Cereris Liberi In qua nemora sine immanibus bestiis Terra sine serpentibus noxiis Pecorum mitium innumerabilis multitudo lacte distenta onusta velleribus Certè quidem quod propter vitam diligitur longissimae dies nullae sine aliqua luce noctes dum illa littorum extrema planities non attollit umbras noctisque metam Coeli ac Syderum transit aspectus ut Sol ipse qui nobis occidere videtur ibi appareat solummodo praeterire O most fortunat Britain saith Eumenius more blessd then any other Country which didst first see Constantin Caesar Nature hath deservedly endowed thee with all Gifts both of Heaven and Earth In thee neither the excessive cold of VVinter nor the ardent heat of Summer doth offend the Inhabitant Thou swell'st with such a secundity of all kind of Corn that thou mayst be calld the Favorit of Ceres and Bacchus Thy Groves are without savage rapacious Beasts and thy Heaths without any poysonous Serpents Thy Fields are covered with innumerable multitudes of mild Cretures labouring with exuberance of Milk and laden with rich Fleeces For delightfulness of Life thy days are very long and no night but hath some glimpses of light the glorious Sun which sets and goes down in other Regions seems only to pass by thy Horizon From this temperatness of Clime and Fertility may proceed the Well-favouredness the Procerity as also the Health and Longaevity of the Inhabitants in regard Nature doth not finish her cours in the bodies of Males and Females so soon here as she doth in France and Spain For t is observd by all strangers that an English woman looks as fresh and beutiful at forty as a French or Spanish at five and twenty it being very ordinary for them to continue still teeming and
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
plentiful Court upon earth Now the riches and fatness of a Country shold be principally seen in the Kings house and indeed the greatest glory of England appeers there as all observing Forreners confess and nothing conducd more to the continuance increase and support of his power and honour and which drew more awe and reverence from all peeple all which are so requisit and essential to the prosperity of King and Peeple as they cannot be wanting but are and shold be perpetual attendants of the Soverain Prince Now this cannot be without the concurrence and service of the Peeple Now from all times the English were observd to be industrious and make it their chief care to provide the best things for the Kings Court according to that ancient and no less eloquent speech of a great Lawyer Domus Regis vigilia defendit omnium Otium Illius labor omnium Deliciae Illius industria omnium Vacatio Illius occupatio omnium Salus Illius periculum omnium Honor Illius periculum omnium The Kings House shold be the watchfulness of All His recreations shold be the labor of All His plesures shold be the inventions of All His safety shold be the danger of All His honor the object of All. Now the greatest cause of the honour and plenty of the Royal Court in England were the Preemption Pourvoyances and Compositions he had from evry County which were so moderat That they who have cryed them down thinking it to be a great advantage and ease unto them will find in time that they were no wiser then the Ass in the Fable as a very judicious Gentleman observes who thought to make his burden of Sponges the lighter by lying down with them in the water For those Compositions considering the smalness of them and how many went to bear the burden were scarce any weight at all as will appeer by those Shires I shall produce for instances All the thirteen Shires of Wales were chargd but at one hundred and fourscore Sturks which stood that whole Dominion but in three hundred and threescore pounds wherof Anglesey which hath 83 Parishes payd but 5l which amounts not to 15 pence evry Parish The County of Derby which hath one hundred and six Parishes payd but 254l per an Worcestershire which hath one hundred and two Parishes was assessd at 495l which is about three pounds seven shillings upon evry Parish Yorkshire which hath 459 Parishes besides many large Chapelries was charged but with 495l which was not two and twenty shillings upon evry Parish one with another Bedfordshire which hath one hundred and sixteen Parishes payed four hundred ninety seven pounds eight shillings four pence Cheshire having sixty eight Parishes was to furnish but 25 lean Oxen at the Kings price viz. four marks a piece c. with other things which came not to one pound nine shillings upon evry Parish Cornwal having an hundred and sixty Parishes did not bear so great a contribution as eight shillings upon evry Parish The County of Devon which hath three hundred ninety four Parishes paid no greater sum for evry yearly composition then ten shillings upon every Parish Herefordshire having one hundred seventy six Parishes made evry one to contribut no more then about twelve shillings six pence upon every Parish The huge County of Norfolk which hath 660 Parishes payd but one thousand ninety three pounds two shillings and eight pence which in proportion comes not to one pound eleven shillings upon evry Parish Somersetshire which hath 385 Parishes payd seven hundred fifty five pounds fourteen shillings eight pence which amounts to about 40 s. a Parish The County of Northampton which contains 326 Parishes payd towards Pourvoyance and Composition nine hundred ninety three pounds eighteen shillings four pence which was for evry Parish little more then three pounds Lincolnshire which hath 630 Parishes payd one thousand one hundred seventy five pounds thirteen shillings and eight pence which amounted to less then forty shillings a Parish Glocestershire which hath 280 Parishes payd four hundred twenty two pounds seven shillings and eight pence which was not one pound eleven shillings per Parish Ther be other Counties by reason of their vicinity to the Court and being very great gainers for the vent of their commodities by the Kings constant Residence with his Tribunals of Justice in his Imperial Chamber of London were chargd deeper as The County of Kent which hath 398 Parishes And is the common road of Ambassadors passing to and fro as also where his Arsenals Docks and Navie Royal lies with four of his Cinq Ports c. payd three thousand three hundred thirty four pounds and six shillings The County of Sussex which hath 112 Parishes payd one thousand and sixteen pounds two shillings and six pence The County of Surrey having 140 Parishes payd one thousand seventy nine pounds and three pence Hertfordshire which hath one hundred and twenty Parishes payd one thousand two hundred fifty nine pounds nineteen shillings four pence The County of Essex having 415 Parishes for her neighbourhood to London and the Court payd two thousand nine hundred thirty one pounds two shillings and two pence The County of Buckingham which hath 185 Parishes payd two thousand and forty pounds sixteen shillings and six pence Berkshire having 140 Parishes payd one thousand two hundred and fifty five pounds seventeen shillings and eight pence The County of Middlesex which hath 73 Parishes besides what are in the Suburbs of London and Westminster paid nine hundred seventeen pounds nineteen shillings per an which was no great matter in point of proportion to the rest of the Counties In regard of the great advantages this Shire hath by the propinquity and residence of the Kings Court And so by letting and setting of Lands Pasturages Houses Lodgings at highet rates with the improving the prices of all other commodities The City of London which hath such mighty benefits by the constant sojourn of the King and of his principal Courts of Justice at Westminster-Hall by the Records in the Tower by the Inns of Court and Chancery with variety of other advantages as the Kings Custom-House wherby she is swoln up to be so vast in Building and to such infinit Richâ—…s that she swallows up the Trade of all the three Kingdoms yet for all these advantages she with the out-parts did contribut in Grocery ware for the service of the Kings House but about 2000 l. per annum Nor did the Kings Brewers in London and four miles compass about pay but one half peny in every Bushel of Mault which is now remitted And what an inconsiderable small ease it is to so many Brewers let any man judge Out of the Premises touching Compositions for Pourvoyances this inference may be drawn what a care and love our provident and prudent Progenitors bore to the honor of their King his Court and Houshould And under favor I may say that these Royal Pourvoyances and his tenures in Capite were
number is indefinite Fee evry one 50 l. Three Gentlemen-Ushers of the Privie Chamber 30 l. Ten Grooms of the Privie Chamber Fee apiece 20 l. Four Carvers Fee evry one 50 Marks Three Cup-bearers Fee evry one 50 Marks Four Sewers Fee evry one 50 Marks Four Escuyers of the Body Fee evry one 50 Marks Four Yeomen-Ushers Fee evry one 9 l. 2 s. 6 d. Twelve Ordinary Grooms Fee evry one 2 l. 13 s. 4 d. Four Pages Fee evry one 2 l. Clerk of the Closet Fee evry one 4 l. Four Messengers Fee evry one 5 l. The Band of fifty Gentlemen-Pensioners Fee for evry one 50 l. Standard-bearer to the Pensioners Fee 100 Marks The Guard Captain of the Guard fee besides a Livery-Gown 14 l. Two hundred ordinary Yeomen of the Guard Fee 16l 13s 4d Fifty extraordinary 8 d. per diem 1 l. 13 s. 4 d. Standard-bearer to the Guard Fee 100 Marks Clerk of the Check fee 100 Marks The Great Wardrobe The Master his fee 100 l. Livery 15 l. Two Clerks fee each 4 l. 6. 8 d. Rent-gatherer fee 5 l. 0 s. 8 d. Four Taylors fee evry one 9 l. 2 s. 6 d. Skinner fee 18 l. 5 s. 0 d. Three Embroderers fee evry one 18 l. 5 s. 0 d. The Butlary of England Chief Butler Fee 50 Marks The Counting House Four Clerks fee evry one 44 l. 6 s. 8 d. Clerk to the Cofferer fee 20 l. Yeoman fee 5 l. Groom fee 2 l. 13 s. 4 d. The Iewel-House Master his fee 50 l. Yeoman his fee 6 l. Groom his fee 2 l. 13 s. 4 d. The Green-cloth I should have spoken before herof in point of precedence It being a Court of Justice continually sitting in the Kings Palace The chiefest wherof are the Lord Steward the Tresurer the Controwler and Cofferer the Master of the Houshold two Clerks of the Green-cloth and two Clerks Controwlers Of these the first three are usually of the Privy-Council For unto This being as some hold the first and ancient Court of Justice in England is committed the Charge and surintendency of the Kings Court Royal for matter of government It is called the Green-cloth from the colour of the Carpet at which they sit wheron the Kings Arms are embrodered and on each side the Arms of the Counting House bearing verd a Key and a Rod or white Staff argent saultie signifying their power to reward or correct as persons for their great prudence and experience thought fit to exercise both those functions The Robes Yeoman fee 50 l. Groom fee 2 l. 13 s. 4 d. Page fee 2 l. Harbingers Knight-Harbinger fee 50 l. Four Harbingers fee evry one 10 l. Thirty Yeomen of the Crown fee evry one 6 l. 1 s. 8 d. The Beds Five Marshals fee evry one 11 l. 8 s. 1 d. ob Four Sewers fee evry one 11 l. 8 s. 1 d. ob Two Survayors fee evry one 11 l. 8 s. 1 d. ob Two Yeomen fee evry one 5 l. Clerk fee 14 l. Two Grooms fee evry one 2 l. 13 s. 4 d. Two Pages fee evry one 2 l. The Pantry Sergeants fee 11 l. 8 s. 1. ob Four Yeomen fee evry one 5 l. Four Grooms fee evry one 2 l. 13 s. 4 d. Two Pages fee evry one 2 l. Bread-bearer fee 1 l. 10 s. 4 d. The Boteller Yeoman fee 5 l. Groom fee 2 l. 13 s. 4 d. The Hall Servitors sixteen to four fee 3 l. 8 s. 4 d. To the rest 2 l. 13 s. 4 d. The Buttry Four Yeomen fee evry one 5 l. Four Grooms fee evry one 2 l. 13 s. 4 d. Two Pages fee each 2 l. The Cellar Sergeant fee 11 l. 8 s. 1 d. ob Seven Yeomen fee evry one 5 l. Groom fee 2 l. 13 s. 4 d. Two Pages fee each 2 l. The Ewry Sergeant fee 11 l. 8 s. 1 d. ob Three Yeomen fee evry one 5 l. Two Grooms fee each 2 l. 13 s. 4 d. Two Pages fee each 2 l. Three Clerks fee evry one 11 l. 8 s. 1 d. ob The Bake-house Sergeant fee 11 l. 8 s. 1 d. ob Seven Yeomen fee evry one 5 l. Two Grooms fee evry one 2 l. 13 s. 4 d. Four Conducts fee evry one per diem 4 d. The Kitchin Two Master-Cooks fee evry one 11 l. 8 s. 1 d. ob Six Yeomen fee evry one 5 l. Six Grooms fee evry one 2 l. 13 s. 4 d. Eight Children fee evry one 2 l. Galapines apparel for them of the Hall Kitchin and Privie Kitchin 50 l. Surveyor of the Dresser fee 22 l. 1 s. 3 d. To the Cooks at Easter in Larges 6 l. 13 s. 4 d. To the Scullery Larges 1 l. To the Pastry Larges 2 l. The Spicery Clerk fee 32 l. Yeoman fee 5 l. The Pitcher-House Two Yeomen fee evry one 5 l. Two Grooms fee evry one 2 l. 13 s. 4 d. Two Pages fee evry one 2 l. The Chaundlery Sargeant fee 11 l. 8 s. 1 d. ob Two Yeomen fee each 5 l. Two Grooms fee each 2 l. 13 s. 4 d. Two Pages fee evry one 2 l. The Larder Sergeant fee 11 l. 8 s. 1 d. ob Yeoman fee 5 l. Two Grooms fee evry one 2 l. 13 s. 4 d. Two Pages fee evry one 2 l. The Boyling House Two Yeomen fee evry one 5 l. Three Grooms fee evry one 2 l. 13 s. 4 d. Two Pages fee 2 l. Clerk fee 6 l. 13 s. 4 d. The Neatery Yeoman-Pourvoyer of Salt Fish fee 40 l. Yeoman-Pourvoyer of Fresh Fish fee 7 l. 13 s. 4 d. Seven Yeomen-Pourvoyers of Oxen Mutton Veal Lamb c. fee evry one 7 l. 13 s. 4 d. Four Grooms fee evry one 2 l. 13 s. 4 d. Yeomen of the Store-house fee 5 l. The Poultry Sargeant fee 11 l. 8 s. 1 d. ob Clerk fee 6 l. 13 s. 4 d. Four Yeomen-Pourvoyers fee evry one 7 l. 13 s. 4 d. The Scalding House Yeoman fee 5 l. Two Grooms fee each 2 l. 13 s. 4 d. Two Pages fee each 2 l. The Pastry Two Sergeants fee each 11 l. 8 s. 1 d. ob Clerk fee 6 l. 13 s. 4 d. Two Yeomen fee each 5 l. Four Grooms fee evry one 2 l. 13 s. 4 d. Four Children or Pages fee evry one 2 d. The Scullery Three Yeomen fee evry one 5 l. Two Grooms fee each 2 l. 13 s. 4 d. Two Pages fee each 2 l. Amners Gentleman-Amner fee 11 l. 8 s. 1 d. ob Sub-Amner fee 6 l. 16 s. 10 d. ob Four Yeomen fee evry one 5 l. Two Grooms fee each 2 l. 13 s. 4 d. Chappel Gentlemen of the Chappel fee apiece 11 l. 8 s. 1 d. ob Master of the Children his fee 40 l. To the Children at high-Feast-Largesses 9 l. 13 s. 4 d. Allowance for their Breakfasts 16 l. The Laundry Two Yeomen fee each 5 l. Two Grooms fee each 2 l. 13 s. 4 d. Two Pages fee each 2 l. One Woman-Laundress fee 10 l. The Wafry Clerk fee 6 l. 13
kinred Nemo debet his puniri pro uno delicto No man is to be punishd twice for one offence Nemo potest plus juris in alium conferre quà m Ipse habet No man can transfer a greater power to any other then he hath himself Nemo tenetur prodere seipsum No man is bound to betray himself Omnia quae movent ad mortem sunt Deo danda All things which cause death are forfeit to God Qui non habet in aere luat in corpore Where the purse cannot let the body suffer Qui peccat ebrius luat sobrius Who offends when he is drunk let him be punishd when he is sober Qui sentit commodum sentire debet onus Who receive the benefit ought to feel the burden Quod semel meum est ampliùs meum non est That which was mine is none of mine Stat praesumptio donec probetur in contrarium A presumption stands till the contrary be provd Ubi non est principal is ibi non potest esse accessarius Where ther 's no principal ther can be no Accessary Unumquodque dissolvitur eo ligamine quo ligatur Evry thing is untyed as it is bound Par in parem non habet Imperium Equals cannot command one another Nemo dat quod non habet No man can give that which he hath not And this doth hold also in Heraldry therfore the Knighthoods with other Honors that Cromwel was so free to confer are void in Law because he was never Knight himself By these few Principles with multitudes more it appeers that the Common Law hath much affinity with the Civil wherof ther are as learned Professors in England as any where els Whence it may be inferrd that the King of Great Britain is supplied with more helps for the administration of Justice then any Nation in the world besides For in regard that England is an Iland having such a great Trade at Sea and so great dealing with divers other Nations Having also besides Land-matters both Temporal Ecclesiastical and Maritime which are not so proper for the Common Law He allows of the Civil Law answerable to the quality of the Case which hath bin practised in England beyond the memory of man or the reach of any Record And though ther happen oft some Emulations and high Contests betwixt these two Professions yet such hath bin the prudence of the Souvrain Prince to keep them both in as equal a Balance as could be and not to suffer the one to insult or encroach upon the other but to have the same freedom of study and practice to the universal good of Forreners as well as of his own Subjects And so much concerning the National Law and Prudential Constitutions of England The Tenth and last Paragraph Touching the greatness of Power of Military Might and Puissance by Land and Sea as well Defensive as Offensive c. of the King of Great Britain THe Duke of Rohan in his Book calld Les Interests des Princes The Interests of Princes saith that England is like a great Animal that cannot die unless he kill himself He acknowledgeth Her also to be Latroiseâ—…e Puissance the third Power of Christendom But by the Arguments that shall be producd in this Paragraph I believe it will appeer to any discerning and unbiassd Reader that England taking her Kingdoms annexd along with her strength at Sea as well as shore will be inferior to none Ther was a Comparison made long since That Gallia Hispania sunt quasi lances in Europae libra Anglia est lingula sive libripendens That France and Spain were as the Scales of the great Balance of Europe and that England was the Toung or Beam of the Balance which keeps it in aequilibrio in an even counterpoise that neither side shold be trabâ—…ccant This hath bin often verified specially in the Raign of Henry the eighth whose Motto was Cui adhaereo praeest He to whom I adhere prevails He wold somtimes make Francis the first to weigh down somtimes Charles the fifth And touching the former He acknowledgd King Henry under God to be the chiefest Deliverer of Him and his Children from his captivity in Spain And so likewise did Pope Clement when he was freed from the Castle of St. Angelo where Charles the Emperour had coopd him up Therfore was Henry of England calld Liberator Orbis by the whole Confistory at Rome as he was before Protector of the great Clementine League And indeed the Arbiter of all Christendom in his time Touching the Martial Might of the King of Great Britain we will first examine that of England which we must distinguish into Intrinsecal or Terrene And into Extrinsecal or Maritime Concerning the first ther are five Counties alone can put into the Field fourty thousand men all armd for so many are listed in the Muster-makers Book as Traind-Band-men viz. the County of York 12000 Kent 8000 Norfolk 〈◊〉 and Devonshire above 6000 apiece And the rest of the Counties whereof ther are fourty seven may have twice as many at least which come to a hundred and twenty thousand Soldiers eâ—…olld and ready upon all occasions either for general service or privat in the Counties where they are for assisting the Sheriff and other Officers in the execution of the Law in case of any resistance therfore are they calld Posse Comitatuâ—… The power of the County So that in time of peace England alone hath an hundred and twenty thousand Soldiers enrolld besides those in Ireland and Scotland And in time of War the late bloudy Rebellion bleeding yet in the purses and estates of many thousand poor Cavaliers hath sufficiently tryed the strength and wealth of England For ther was a computation made at one time of those that were in actual Arms for King and Parlement and they came to neer upon two hundred thousand fighting men under Commission wherof ther were about fifty thousand Horse and Dragoons And I do not remember to have read that in the time of the famous Ligue in France ther were so many take in strangers and all Hence we see that the King of Great Britain may be said to have a constant standing Army in time of peace of which he hath the sole disposing For the Sword is his as much as the Scepter and the Crown which are inalienable from his power and incommunicable to any other but by his Royal Commissions And indeed t is the Sword that makes all Kings powerful The Crown and the Scepter are but impotent and poor unweildy things they are but naked Indefensible badges without it Ther 's none so filly as to think ther 's meant hereby an ordinary single sword such as evry one carrieth by his side Or some Imaginary thing or Chymera of a sword No t is the publik Polemical Sword of the whole Nation It may be calld an Aggregative or compound Sword made up of all the Ammunition the Artillery Pikes Muskets Helmets Headpeeces with all kind of armes
and cleer Waters London may be said to have as good Blood running through her Veins as any other by those Aqueducts Conduits and conveyances of fresh Waters round about to serve for all Uses What an Herculean work was that of Sir Hugh Middletons to bring the River of Ware threescore miles by Compasses to run through her streets and refresh her houses as also to preserve them from firing for which ther are divers ingenious useful Engines besides Concerning Universality of Trade ther is no City upon the surface of the earth goes beyond Her For ther are no Seas that any of the two and thirty winds blow upon from the Artik to the Antartik Pole from the Orient to the setting Sun but London by her Navigations findes them out and makes rich returns by way of Barter or Emption Touching solid and useful Wares that she hath of her own what a substantial Commodity and of what high esteem all the world over is her Cloth her Kersies and divers kinds of Woollen Manufactures Adde herunto her Lead and Tin which she transmutes to Forren Gold and Silver For Healthful Corporal Recreations and harmless Pastimes London may go in the Van to any place that ever I saw Go and walk in her Fields you shall see some shooting at long Marks some at short some bowling upon cheerful pleasant Greens some upon Bares and Alleys some wrastling some throwing the Bar some the Stone some Jumping some Running some with their Dogs in Duck-ponds some at a Bear-baiting some at the Bull some Riding upon Naggs some in Coaches to take the fresh Air some at Stool-ball others at Kittle-pins with variety of other For a stately Cathedral Temple and general Dome of Devotion the time was and I hope will be yet within a few years that London did not yeild to any City in this particular Saint Pauls Church being esteemd by all Nations to be one of the eminentst visiblest Temples one of the most glorious piles of stones that ever was reard taking all the Dimensions together with the conspicuous site thereof being about the centre of the City and upon a rising Ground She hath also this singular property to be founded upon Faith by having a large Parish-Church of that name supporting her and directly under her Chancel Touching a rare huge Bridge and Navigable River London is not inferiour to any other City whatsoever Concerning the first what a rich Rent hath it to preserve it self yearly what a vast Magazin of Corn is ther always in the Bridge-house against a Dearth as well as in many other places What a number of Officers look to the reparations therof and are hansomly maintaind therby Touching the second viz. The River of Thames she hath not her peer if regard be had to the length and straightness of her cours running from West to East without so many Meanders as other Rivers have Her convenient distance from the Sea to prevent all Surprisals The Amoenity of the Soyle on both Banks The wholsomness of her water which makes the best Beer in the world being so much transported by other Nations and sold as dear as Wine The diversity of her Fish the fatness of her Mudd c. For number of Humane Souls in City and Suburbs London is nothing inferior to Paris whose last Cense as is said before came to about a Million But in the year 1636. command being sent to the Lord Mayor to make a scrutiny what number of strangers were in the City he took occasion therby to make a general Cense And ther were of Men Women and Children neer upon seven hundred thousand that livd within the Bars of his Jurisdiction And this being 27 years ago t is thought that London hath since more by the third part in all probable conjecture Now for Westminster the Strand Bedford Berry St. Martins-lane Long-acre Drury-lane St. Giles of the Field High Holborn with divers other thick-peepled places which are so contiguous and make one entire peece with London it self I say take all these Buildings together the forenamed number of Seven hundred thousand may well be thought to be double so many Touching the shape of London I find nothing to assimilat it unto more properly then to a Lawrel Leaf that is far more long then t is broad which may be a cause she doth not appeer so populous as Paris her passengers not encountring so often as they wold if she were of a round Figure Touching her length take all Buildings that are adjoyning one to another from the utmost point of Westminster to the utmost point beyond the Tower she may be well thought to be five Miles long about half so much in latitude and in Circuit about twelve Italian miles To conclude touching the Defensive and Offensive Power of the City of London in point of Arms of all sorts of Artillery Ammunition Arsenals and Docks on both sides the River Her Traind Citizens and expert Firelocks neither France or Spain hath her equal It is recorded that in King Stephens Raign the City of London raisd 60000 Foot and 20000 Horse how many more were she able to do now in case of necessity For to compare her in statu quo nunc to what she was then were to compare a Giant to a Dwarf in point of proportion and strength The Record hath it also that Anno 1293. London was able to put out a Fleet of 95 Ships to scowre and secure the Seas from Depredations and Pyrates c. which she was often usd to do Such an Imperial Chamber such such a potent and well appointed City hath the King of Great Britain always at his command And if some of the Roman Emperours about Fifteen hundred years ago in their Diplomata's or Edicts stild her Augusta which was always a name of Magnificence and State how much more may she deserve that name in the condition she now is arrivd unto Thus have we discoursd though in weak imperfect Expressions of the Power and Military Might of the King of Great Britain not including all this while his two Kingdoms of Scotland and Ireland which being cast into the Balance may make his Power so much more Touching his Maritime Power t is spoken of in another Paragraph going before wherunto we will add that the King of Great Britain hath such a Haven that neither France or Spain or indeed any part of the world can parallel which is Milford Haven wherof the most famous ancient Authors not only Latin but Greek make most honourable mention calling it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the thousand foorded Haven One other passage we will adde which is but fresh that besides the reducing of the Hollander the very last year a few of the King of Great Britains Frigats did beat those desperat Pyrats of Barbary into a Peace wheras neither France or the Dutch could do it And this year those few English that are in Tanger did also force Guyland the great Morocco Rebel to Articles
of Peace As I was writing this me thought I had whisperd in my ear that the French King hath one kind of Power that transcends any of the King of Great Britains which is that he may impose what Taxes he please upon the peeple by his Edicts alone T is tru he can and he may thank the English for that power for when they had coopd him up in a corner of France in Berry the Victorious English being Masters of the rest That Power which before was in the Assembly of the three Estates of laying Impositions was invested in the King himself pro tempore during the Wars because the three Estates could not assemble But this Power makes him a King of Slaves rather then of Free Subjects and if they may be calld Subjects they are Subjects of an Asinin condition which cannot have any tru manly courage in them or a competency of wealth to bear it up which is the cause that though France be a rich and self-sufficient Country yet some think ther are more Beggers in Her then in all Christendome besides Now it is a Principle in the Civil Law That Dominum habere nobiliorem confert ad dignitatem Vassalorum nobiliorum habere populum confert ad nobilitatem Principis To have the nobler Lord conduceth to the dignity of the Vassal and to have the nobler Peeple conduceth to the dignity of the Prince By this Axiome the King of Great Britain is the more Noble because he is Lord of a free-born wealthy peeple and not of Slaves and Beggers Yet it cannot be denied but that it is one of the greatest advantages of power and repute for a King to be Rich provided he come not to be so by grinding the faces of his Subjects The Republik of Venice and the Seat of Genoa carry that high esteem in the world because the one hath the Tresury of Saint Mark and the other the Bank of St. George The Duke of Florence is stild the Grand Duke more then other Dukes who have larger Territories because he hath always a rich Tresury Therfore I will draw towards a conclusion of this Paragraph with this most humble Intimation to the great Council of England now Prorogued that at their Re-access they wold please to consider that wheras the fame of being Rich and to have the Coffers of his Crown well ballasted conduceth so much to the Repute of a King and so by Reflexions upon the whole Nation As also to make Him redoubtable both abroad and at home And wheras the contrary fame exposeth him to contempt Insultings and Pasquils as some frisking French Wits have bin lately too busie and bold that way and likewise our Neighbour Hans who daily offers us such insolencies which makes me think of an Italian Proverb which though homely yet it comes home to this purpose Cavagliero ò Principe senza quatrini è come un muro senza croce da tutti scompisciato A Cavalier or Prince without money is like a Wall without a Cross for evry one to draw upon Therfore I am bold to reiterat the foresaid humble Intimation I will not presume to say Advice though it may be well calld so to the Honorable House of Commons when They reassemble That in their great Wisedoms they wold have a sense of the present condition in this particular of their King so miraculously restord unto Us by a pure Act of the Omnipotent And that wheras the Two Neighbouring Kings have of late yeers enhancd their Revenues and Incomes far higher then they were formerly They wold be pleasd to think it not only agreeable to the Rules of tru Policie but most necessary for the Honor and safety of the whole Nation to make the Monarck of Great Britain to correspond and bear up in a hansome proportion this way with either of Them as He doth in all other things besides A Corollary to what hath bin said in this first Section IN the preceding Paragraphs it appeers by luculent and cleer proofs how the King of Great Britain Had to his Predecessor the first Christian King that ever was upon earth He had to his Predecessor the first Christian Emperour and Empress He had to his Predecessor the first Christian Worthy and the first Erector of Military Knighthood He had to his Predecessors some of the most victorious Kings that ever were His Predecessors were the first who freed themselfs from the Roman Yoke both in Temporals at first and in Spirituals afterwards It hath appeerd how He is Sovrain of the Noblest Order of Knighthood that any King hath It hath appeerd that his Ambassadors had the Precedence given Them in divers General Councils It hath appeerd how the King of Great Britain hath as Free-born and valiant Subjects as any other It hath appeerd that He hath the most plentiful and hospitable Court of any other King That He hath as independent Authority as any other King It hath appeerd that He hath the stoutest Men of War The Noblest Haven The Inaccessiblest Coasts with the greatest Command and Power at Sea of any other Which makes the English Merchants to be so highly respected abroad above other Nations having more Privileges at the entrance of the Baltik in the Sound as also in Hamborough and Holland where they have Houses like Palaces provided for them gratis and free from Excise In Ligorne in Constantinople and the gran Mosco they are more esteemd then any other Merchants And t is well known how his Subjects the Scots have the privilege of Preemption in the Vintage at Bourdeaux with divers other Immunities in France above other Nations Wherfore if any King may be calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 t is the King of Great Britain to whom that famous Verse of the Father of Poets may be applyed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Scepter is given Thee to be Honord by all To these particulars we will subjoyn the Reasons that Sir Henry Nevill with the rest of the English Ambassadors sent by Queen Elizabeth in a joynt Legantine Commission to Bullen in France to negotiat with Don Balthasar de Zuniga and others sent Ambassadors from Philip the second of Spain and the Archduke Albertus I say we will insert here the Reasons which the English Ambassadors gave then for prerogative and right of Antecedence in the contest that happend then with those of Spain by a Remonstrance which they sent the said Ambassadors in these words as t is extracted out of the Record it self Illustres Magnifici Domini Perlegimus scriptum quod Illustres Magnificae personae vestrae ad nos heri miserunt Illa capita quae substitutionis potestatem sigilli vigorem attingunt statuimus non ulteriùs prosequi confidentes de sinceritate serenissimi Domini Archiducis acquiescentes integritate Illustrium Magnificarum vestrarum personarum quae nobis pollicentur bonam fidem in hoc quod agitur negotio summo cum candore humanitate conjunctum Clausulam vero
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 jâ—…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
name of the King of France was omitted ran thus The Cardinal said aloud Caroli quinti Imperatoris serenissimorum Regum qui hoc universale Concilium promoverunt protexerunt Memoria in Benedictione sit Let the memory of the Emperour Charles the fifth and of the most serene Kings who have promoted this universal Council be always Blessed Then Serenissimo Imperatori Ferdinando semper Augusto Orthodoxo Pacifico omnibus Regibus Reipublicis principibus nostris multi anni Many years to the most serene Emperour Ferdinand ever August Orthodoxal and Peaceful and to all our Kings Commonwealths and Princes Then the Fathers answerd Pium Christianum Imperatorem Domine conserva Imperator Caelestis Terrenos Reges Rectae Fidei conservatores custodi O Lord conserve the Pious and Christian Emperour O Coelestial Emperour defend Earthly Kings Conservers of the Right Faith The first Acclamation was for the Dead wherin the Cardinal forgot to express the name of Francis the 1. and Hen. 2. who had contributed their care and zeal for the good of the Council The second was for living Princes wherin he also omitted the name of Charles 9. for which the said Cardinal was blamd at the King of France his Council He excusd himself that it was for the fear he had to put division between the two Kings and withal that Charles of France being yet a minor he was like to be troubled about matters of Religion in regard of the Hugonots and might have need of King Philip therfore it was no wisdom to exasperat Him Thus have you a kinde of Epitome of the great Council of Trent specially of the celebrous Contests Intrigues Competitions and Artifices twixt France and Spain in point of Prerogative of Place and Priority of Session The next Contest was at the Congress of Ambassadors in Vervins 1598. touchd at before where the French Ambassadors receivd an Accommodation by the moderation of the Cardinal of Medici The manner of this Accommodation was thus The Cardinal Legat being under a Cloth of State at the end of the Table where the Treaty was to be held had upon his Right-hand the Nuntio and next Him the Spanish Ambassadors upon his Left-hand the Legat had the French Ambassadors and in that posture they proceeded to negotiat and Treat without any exception or animosities wherby the Business producd peaceful and blessed effects wherof all Christendome did reap very wholsome fruit After this ther happend a tough competition upon the same account of Precedence in the Court of Rome and when the Spaniard could not prevail there He went to the Emperours Court Maximilian the second his neer Kinsman wher his Ambassadors had the Prerogative of Place before the Ambassadors of Charles the ninth King of France wherupon Gaspar Coligni protested loudly against this apparent injury and that it was a sufficient cause to denounce War But Mendosa the Spanish Ambassador being much pressd hereabouts and reducd to a narrow streight found out at last this witty evasion saying Se nolle quidem anteire tamen cogi non posse ut Francorum Legatos sequeretur If He did not go before yet He could not be forcd to follow the French Ambassador Besoldus with others who are great Advocats for the Spanish Precedence beat their Brains to find out arguments to that effect amongst which the greatest is the multitude of Dominions that have accrued to the Spaniard whence they deduce this Principle Ex facto sumitur Ius Right is to be taken out of the Fact and the Fact being changd the Right also changeth Therfore the Fact and circumstances of things being changd on the Spaniards side and respect had to his encrease of Territories and present condition it may well alter the former custome of giving precedence to France Then he takes the Cudgels against England in behalf of Spain notwithstanding that he acknowledgeth out of Meteranus that the English are the most ancient Christians and that Germany his own Country owes her Religion first to Them That the Kings of England are descended of the Noblest Families of any which makes him instance in King Cunobelinus whose Coyn is to be seen to this day who raignd in Great Britain about our Saviours Nativity He alledgeth further how the King of England is feodary or subordinat to no earthly Power but is Gods immediat Vicar in his own Dominions yet he concludes simply and irrationally in these words Verùm Angli nimis antiquis argumentis pugnant praesenti Majestati Hispaniae aequiparandi minimè esse videntur The English fight with too ancient arguments and seem not to be compard to the present Majesty of Spain He speaks also as simply and indeed not without some absurdity when after those uncontroulable arguments he saith Sed porro absonum est quod Anglus Hispano Sessionis litem movet It is a senseless thing that the English shold move any debate with the Spaniard for privilege of Session And another great Champion for the Precedence of Spain viz. Diego Valdez discourseth as weakly for notwithstanding that he acknowledgeth Lucius to be a Christian King of England in the time of Pope Eleutherius which was many hundred years before ther was any in Spain that he confesseth that Summa Ratio est quae ducitur à Religione yet he wold not have England compare with Spain in point of Precedence wherby he discovers not only a great deal of injustice and partiality but also a gross Ignorance in Antiquity by calling Lucius King of England wheras this Country had not that Name till the Saxons came in which was above three hundred years after For till then t was calld Britannia by all Forreners and Loegria or Lloygher by the native Inhabitants which name continues among the Welch to this day Nor is this His Error alone but of many other great Antiquaries and some of our own Authors who having no due regard to the computation of time do very frequently call this Country England many hundred of years before the word was created Thus have we producd and faithfully alledgd the principal Arguments that France hath for a Precedence We will conclude with two late Passages which happend in this kind One was in the Hague twixt Monsieur de Thou and Don Estevan de Gamarra the Spanish Ambassador whose Coaches meeting casually in a place where ther were two Rails ther happend a scustle for Precedence but a band of Soldiers came and kept them quiet till notice was sent to the Council of State who sitting three or four hours about it at last they gave command that the Rails shold be cut down and so the way being left open the scustle ended The second was in London twixt Monsieur l' Estrade and the Baron de Batteville both of them Ambassadors at the English Court the latter for the King of Spain the other for France A new Danish Ambassador was to make his Entry through London and His Majesty of
Great Britain having intimation that ther might be some clash between the Coaches of the foresaid Ambassadors if they sent them according to custome to bring in the said new Ambassador He sent unto them that they wold forbear to send their Coaches because some inconvenience might arise Batteville answerd That he wold conform to his Majesties plesure provided l' Estrade did likewise do so But l' Estrade gave answer to the Kings Message That his Predecessor the French Ambassador immediatly before him had receavd a check at his return to France for omitting this ceremony and so was he like to do if he did not perform it So both of them sending their rich Coaches and Laquays to Tower-wharf where the new Ambassador was to land Batteville it seems had taken such a survey of the place that his Coach stood in such a posture that none could get before it and the Kings Coach besides he had causd the Rains and Harness of his Coach to be lin'd with Wire making them therby poof against the strokes of Swords so ther happend a hot and fierce Scirmige ther being Pistols on both sides besides Swords and the French had some horsmen also so the poor Horses were slashd and some Laquays killd on both sides and one Spanish Gentleman was killd in the Coach but Batteville stood firm to his ground and so his Coach went next to the Kings all the way News being sent herof to Paris it was much resented and the Spanish Ambassador there being confind to his House he presently dispatchd an Expresse to Madrid who being returnd He sent to the Louvre that he had receavd such Orders that wold give his Majesty satisfaction touching the late Traverses in England and so desired Audience which was appointed him the next day In the interim command was sent that the Princes of the Blood and chief Officers of the Crown shold be there The Spanish Ambassador being come and expecting a privat audience but finding such a solemn meeting was a little stunnd at first yet he went on and deliverd his Message to the King which was that touching the late Contest in England it was done without his Catholique Majesties direction and knowledge therfore he wold take a cours that no occasion shold be offerd for such differences herafter Besides these he pronouncd other Explanatory words that were equivalent to an acknowledgment of Precedence to his most Christian Majesty which were suddenly commanded to be registred in the Council for an Act of State and so to stand upon Record to Posterity Hereupon ther was a most prudent Act of State passd in the Privy Council of the King of Great Britain That in regard of the inconvenience and disturbances which did thence arise his Majesty commanded that no Forren Ambassadors Coaches shall for the future go to accompany and introduce any new Ambassador whatsoever because his Majesties Coaches are sufficient to accompany them in a fitting Equippage which Act I believe will be a leading case to all the Courts of Christendome Before we conclude this Section touching the Right of Precedence which the French King claims of other Princes we will adde what Mr. de Breves says in his Appendix of the Negotiations in the East where he says That in the Raign of Henry the Great he took Precedence of the Ambassadors of Rodulphus the Emperour in Constantinople at the Port of the Turks Court who values Christian Princes according to the merit of their Might WE will now proceed to weigh and winnow the Arguments of Spain in order to a Precedence which we will extract also and distil out of their own Authors as Valdesius Francisco Vasquez Camillo Borrello Besoldus Morales Augusto Cavaisll Caranato with divers others And let this be a Close to the second Section The third Section CONTAINING The Reasons wherby the King of Spain pretends and claims Priority of Place and Proximity of Session next the Emperour at all solemn Meetings and in all Publik Transactions of State c. Which Reasons We will reduce also to Ten Heads or Arguments The first Argument Proving That the Catholik King may challenge Precedence because Spain is the Noblest Kingdome of Europe as being always accounted the Head therof The second Argument Proving That the King of Spain may challenge Precedence by the Authority of General Councils and the Learned Doctors of the Church The third Argument Proving That the King of Spain may challenge Precedence because Spain first receavd and professd the Catholik Faith That the first Christian Church was built there The first Council celebrated The first Bishop was elected out of Her The first Emperour created c. The fourth Argument Proving That the King of Spain may challenge Precedence because He is the Catholick King which is a more ancient Title then Christianissimus The fifth Argument Proving That the King of Spain may challenge Precedence because that in magnitude of Kingdomes in Power and Tresure he excels all other The sixth Argument Proving That the King of Spain may challenge Precedence for Nobleness of Family and that the Kingdome of France did justly belong to Philip 3. The seventh Argument Proving That the King of Spain may challenge Precedence because he is King of Ierusalem The eighth Argument Proving That the King of Spain may challenge Precedence because of free and absolut Dominion and that he hath Empires under Him The ninth Argument Proving That the King of Spain may challenge Precedence because he hath done such great Offices to the Christian Church The tenth and last Argument Proving That the King of Spain may challenge Precedence because the Catholick Church receaves greater Protection and Emoluments from Him then from any other Prince whatsoever OF all these Arguments we shall treat distinctly in several divisions according to the former method and distil out of the chiefest Spanish Authors that write of this subject the Elixir and strength of their Reasons But let the Reader take this Advertisement That he must not expect here the particular Quotations and Marginals wherwith the Spanish Writers use to abound and which indeed belong to Civilians and Iurists No the Author here goes on in a freer and generous way and the Reader without abusing his Faith may believe what he delivers being extracted with much fidelity and care out of the forementiond Authors who write for the Crown of Spain and in their own expressions and so we begin with the first Argument viz. That Spain is calld the Head of Europe and consequently the Noblest Kingdome I. THe beginning of evry thing as it is the hardest so it is always accounted the worthiest and most Noble part as being the head and source whence the rest are derivd so our blessed Saviour is calld Principium Caput the beginning and Head wherof all the Faithful are Members He is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as well as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And his Vicar-general upon earth the Pope is calld Caput Ecclesiae Militantis The
of France the Title of Christianissimus and that his Father Charles had it in the Council of Mantua Anno 1459. But grant that the French Kings had the Title Christianissimus given them since Charlemain yet the Title Catholicus was given before to the Kings of Spain For Alfonso Son-in-law to Pelagius had it Anno 734. as Garabai and Morales do affirm and the Epitaph upon his Tomb doth justifie it which is Alfonsus Catholicus Others are of opinion that Richaredus who quelld the Arrian Heresie was first intitled Catholicus But now that we have spoken of the Antiquity of these two Titles in relation to the two Kings we will examine which is the superior and more excellent Christianissimus or Catholicus not but that both of them are sublime and glorious Touching the Title Catholik it is so complete a word that nothing can be added to it therfore it admits no superlatif it is of that comprehensif latitude that it is Universal which is the tru Etymologie of the Greek word now it is an Axiome in all Sciences Qui totum dicit nihil excludit Who says All excludes nothing therfore we say Ecclesiam Catholicam not Catholicissimam as we say Concilium oecumenicum or Universale not Universalissimum And certainly this word Catholicum must be of extraordinary value and ancient extraction since it was an Epithet given the Church of Christ in the Apostolical Creed in that first Symbole of Faith Credo in Spiritum sanctum sanctam Ecclesiam Catholicam Now as we pointed at before wheras any Beleever was calld Christian at first and that by erroneous interpretations some Heresies began to creep in the name of Catholik was given him who was a constant embracer of the tru Doctrine of the Church wheras the simple name Christian might comprehend also a Heretik as Pacianus observes against the Novatians Christianus mihi nomen est Catholicus vero cognomen Illud me nuncupat Istud ostendit Hoc probat Illud significat My name is Christian my firname Catholik the one calls me the other shews me this proves the other signifies Insomuch that the word Catholik did distinguish a tru Beleever from a Heretik Whence the excellencie of this word appeers being a primitive attribut given both to Church and Faith for they were both calld Catholik Nor doth it follow though evry Catholik be a Christian that evry Christian is a Catholik For when one is calld Catholik t is understood that he is an Elect that he is saithful pure constant and obedient to the Doctrine of the holy Church without mixture or taint Therfore most meritoriously is this high Epitheâ—… peculiar to the King of Spain because he permits no Apostaâ—…s no Schismaticks to be in his Dominions as the French and other Kings do But by an humble filial obedience he adheres to the Catholik Mother-church which is the Roman For the Roman and Catholik Church are Synonimas according to Saint Cyprian in these words Dividi à Romano Pontifice idem quod ab universa Ecclesia scismate separari Rursum illam communicare id ipsum esse quod Catholicae Ecclesiae unitati conjungi To be divided from the Roman Bishop is to be separated by Schism from the universal Church and to hold communion with him is the same as to be joynd in unity with the Catholik Church Argum. 5. Proving That the King of Spain may challenge Precedence because that in Magnitude of Kingdoms in Power Territories and Tresure He excels all other MUltitude of Regions Affluence of Wealth and Magnitude of Power is so considerable in Kings that this one Reason of it self were sufficient by Divine Laws as well as Humane to yeeld unto Him who excels in these Particulars superiority of session and precedence Now in all things by the very constitution of the Creator ther is a superiority and excellence Eternity is above Time The Intellect is beyond Reason and Reason above Sense Go to the Fabrick of Coelestial Cretures and the pulchritude of the Stars We see the Sun is as their Prince and one Star exceeds another in glory so in this Elementary and the lower world specially among Mankind some are more Illustrious some more Potent then others Nature will tell you that all the Fingers of the hand are not equal and this inequality conduceth to the bewty of the Univers and Manilius tells us Est aequale nihil Terrenos aspice tractus By which Ratiocination he is most sublime and may claim superiority who exceeds in multitude of Peeple in extent of Regions in Wealth and Dominions and since the Catholik King excels in all these as the French Authors themselfs confess out of Cassanaeus certainly the higher seat is to be assignd Him The wisest of Kings tells us that In multitudine Populi dignitas Reg is in paucitate Plebis ignominia Principis In the multitude consists the dignity of a King and in the paucity of peeple his shame Therfore at the meeting of Councils an Universal Council which is made up of most Bishops is more illustrious and carrieth a greater stamp of authority then a Provincial which consisteth of fewer As the Emperour and Pope have three Crowns apeece denoting Asia Afrik and Europe where the first exerciseth Souvrain Power in Temporals and the other in all Spiritual Affairs Now to prove that the Catholik King is more potent then any other in spacious Dominions it is no hard task For go to Spain it self it cannot be denied but it is a large Empire T is tru that Spain in former times was divided into many Kingdoms as Castile Aragon Navarre Leon c. but now they are all concentred in one Crown Adde herunto the Kingdoms of Naples and Calabria with the Duchy of Milan which make up about the one moity of Italy He is Lord of Belgium or the Netherland He hath Sicilie Sardinia with other Islands in the Mediterranean Sea and the Canaries with divers other in the Atlantik He hath sundry places up and down the Coasts of Afrik He hath the Moluccas and Philipiâ—…a Islands which are without number in the Indies It was the Spanish Navigation that refelld the Paradox for which we read that a Bishop was once imprisond for a Heretik because he held ther were Antipodes O Immortal God! what an heroik and incomparable exploit was that of discovering and conquering the West-Indies which counterbalanceth all the old world were they cast into a pair of scales which mighty benediction was reservd by a special Providence for Spain But what a world of dangers doubts and difficulties did precede the work On the one side the incertitude of the Thing and the perils of the angry-tumbling Ocean did offer themsells On the other side the vast expences of the Viage with despair of new provision when the old was spent And in case they shold take sooting on a new earth the Clime might perhaps not agree with their bodies and the Savages might prove stronger then they as they were in
number above a thousand for one T is tru that such imaginations as these did much distract them a while but at last their courage and constancy was such that they broke through all these dissi culties And touching that huge mass of peeple in America as a wild boistrous Boar taken within the toyls doth foam struggle and turn about to try all ways how he may get out at last when all will not serve and having wasted his spirits he lies down with quietness and despair putting himself upon the mercy of the Huntsmen so the wild American having tryed all ways of opposition lay down at last succumbent and prostrat at the Spaniards feet and for a reward of their indefatigable pains and prowess the Divine Providence gave them afterwards Mines and Mountains of Tresure yea Rivers running with Gold Seas full of Perl with all sorts of Gems and precious stones all kind of Aromatik Spices sweet Woods with a world of new Species of Birds Beasts Plants and Fishes which Europe never knew But what Exchanges and recompence did Spain make to America for all this Marry she affoorded her a far more precious Jewel which was Christian Religion Praequa quisquiliae caetera In comparison wherof all other things are but Bables And what a world of pious pains did the Spaniards take to plant that Tree of Life among them It is recorded by Boterus that one Franciscan Fryar did baptise about 400000 Savages in the sacred Laver of Regeneration insomuch that one may now travel thousands of miles in America and very frequently meet with Christian Churches Chappels Monasteries Convents Nunneries Towns Villages Castles Forts or Bulwarks as he goes along What a coyle do the Historians keep about the Achievements of Alexander the Great We well know that he subdued but part of Asia But here a new world is conquerd about thrice as big as whole Asia Therfore the Kings of Spain may be only said to have done Miracles in steed of Exploits And as God Al mighty when He builds creates no less then a World when He is angry sends no less then an Universal Deluge when He confers Grace doth sacrifice no less then the prime Son when He rewards gives no less then Paradis when He wars sends no less then Legions of Angels making also the Elements to fight the Sea to open and the Sun to stand So if Finite things may bear any proportion with Infinit the Kings of Spain have bin desigud to do mighty things if not miracles when They build they build no less then an Escurial if They are angry they drive forth whole Nations as the Iews and Moors if they provide for the publick good they sacrifice no less then their own Sons if they take Arms they conquer not only whole Kingdoms but new Worlds insomuch that the King of Spain may be according to the Proverb truly called Rex Hominum the King of Men wheras those of England and France are calld the first King of Devils the other King of Asses It is the King of Spain alone to whom the Gran Mogor and Sophy use to send this superscription To the King who hath the Sun for his Helmet alluding to his vast Dominions in all parts of the world and that the Sun doth always shine on some of them besides it is no mean preeminence to the Catholik King That God Almighty is servd evry hour of the Natural Day in some of his Territories Therfore it can be no derogation from any other Monark if for Glory and Amplitude of Dominions for Men and Mines for fulgor of Majesty and Power for Islands and Continents for a long Arm and Sword the Catholik King be preferred before any other Prince or Potentat upon the Terrestrial Globe take both the Hemispheres together Argum. 6. Proving That the King of Spain may challenge Precedence for Nobleness of Family as also for Royal Arms and Ensignes c. NObility among the Heralds is of two sorts the one is of Parental Extraction and Blood and this is rather our Progenitors then our own being ingrafted or traducd unto us from them Ther is another Nobility which is accidental underivd or personal and this comes either from abundance of Riches or from excellency of Parts or from the Merit and Glory of some great Exploit The first proceeds from Descent the other from Desert Now among other Prerogatives of Kings one of the highest is that they are the source and fountain of Nobility and Honor Therfore no Vassal whatsoever be he of never so ancient and illustrious extraction is capable to compare with the King though I am not ignorant that some of your French Monsieurs will vapor somtimes that way Now it contributs much to the honor of any Country to have a King of a long-lind Royal Race There is a good Text which tells us That Beata Terra cujus Rex nobilis est with another Quà m puchra est generatio cum claritate Immortalis enim est memoria illius quoniam apud Deum nota est apud Homines The Land is blessd whose King is Noble How beutiful is a Generation with brightness the memory therof is Immortal because t is known with God and Men. The Kingdome of Spain may glory to have had Kings of both the foresaid Nobilities both Progenial derivd from their Predecessors and Personal from their own Merit and heroik perfections of Vertue as Magnanimity and Fortitude as Prudence and high Wisdome as extraordinary Devotion and Sanctitie Touching the Royal Tree of the Genealogie of the Kings of Spain we can fetch it from the Families of the Amalis and Baltheis whence the Kings of the Visigoths and Ostrogoths descended above a thousand yeers since Then from the glorious house of Austria which may be calld a tru Imperial Tree by having producd so many Emperours that have continued in that stem above these two hundred years without interruption which House began with Theobarto who came from Sigebart Duke of Germany Anno 604. Touching the Shield-Ensignes and the Royal Arms of the King of Spain they are as noble as any and it adds much to the Nobleness of a Kingdome to have noble Arms which hath bin accounted no small blemish to the Crown of France whose ancient Arms were three Toads in a black field though the signification of the Hieroglyphik makes some amends for it which relates to the fruitfulness of France for Toads choose always the fattest soyle yet is he an ugly slow poysonous creature and abhorred by humane Nature But upon the conversion of King Clouis to Christianity the French do vaunt that a Shield with three Flower de Luces of a Caerulean color fell down miraculously from Heven as Numas Shield did in Rome and the Palladium did in Troye which Arms France gives ever since But the truth of that miracle is much questiond for the greatest Authors as Emilius Gillius Reginon and Gregorius Turonensis in the Life of King Clou is makes no
mention of any such thing But grant that France hath reason to give the Lilies or Flower de Luces for her Royal Arms yet Spain hath a nobler for Spain gives the Crosse in her Shield For we know that many ancient and Authentik Writers affirm how the Cantabrians or Biscayners who were left unconquerd by the Romans carried a Crosse in their Banner long before the Nativity of our Saviour which King Pelagius carried when issuing forth of the great Cave calld Cobadonga to this day with not much above 1000 Christians he utterly routed 60000 Saracens to the memory wherof t is thought the great Church Cangas calld St. Crosses Church was erected where he lieth buried with a Crosse ingraven upon his Tomb. And after King Pelagius who is calld the Instaurator of Spain with other Kings had the Crosse in their Banner And San Isodorus who after St. Iames the Apostle is the Patron of Spain always usd it who was a Bishop and a Knight so that wheresoever he is represented either in shadow or stone he is painted in a Pontifical vest having the Crosse in one hand and the Sword in the other and as the Oriflambe is the chiefest Banner of France which is kept in the great Church of St. Denis so in the great Church of Leon in Spain Saint Isodorus Banner is devoutly kept up which upon occasion of urgent necessity was usd by divers Kings to be brought to the Field against the Saracens and afterwards against the Moores wherby many glorious and wonderful Victories were obtaind Nor is the Crosse the Ensigne onely of Biscay and Castile but also of Arragon and of Navarre and the ground of it is related in Beuter Illescas and Turapha to be that when King Garcia Ximenez was ready to fight a Battail against the Saracens and that the Christians under his command grew to be dejected and faint-hearted ther appeerd in a green Tree a red Crosse very resplendent which struck such a comfort and courage and made such impressions in the heart of the fainty Soldiers that they fell upon the Infidel-enemy with so great a resolution that they did utterly discomfit him wherupon he was called Rey de Sobrarbe because that the holy Crosse appeerd above a Tree Argum. 7. Proving That the Catholik King may claim Precedence because he is King of Jerusalem and that the Right of Unction belongs also to Him c. ALl Authors concede that in all solemn Pomps and publik Places the first seat in the Church after the Emperour belongs to the King of Ierusalem as Corsetus Grasalius and others do observe And the Reasons are many Because our Saviour preachd and sufferd there Because he made choice of his Apostles and Disciples there Because he wrought most Miracles there Because he conversd and had conference with Men there Because he instituted his last Supper there Because he did consummat the Eternal Salvation of Mankind there and because he was buried there with multitude of other Reasons Now that the King of Spain is right King of Ierusalem I beleeve ther are but few will deny it for the Holy Father in all his Bulls in his Apostolical Letters and all publik spiritual Dispatches doth stile him King of Ierusalem and so doth the Conclave the College of Cardinals the Rota or Judges of the Apostolik Chancery And it is as cleer as the Meridian that this Title is due to him as he is King of both the Sicilies viz. of Sicily Calabria and Naples which appeers evident in all Annals and Chronicles Although the French do cavil with him for a Right to those Kingdomes which Valdesius and Vasquez do sufficiently answer and refute Nor can it be denied but a double Unction belongs to him as he is King of both those Kingdomes wheras the Kings of England and France have but one Unction apeece relating to single Kingdomes Now that Kings are to be anointed with holy Oyl the sacred Code tells us plainly for it was the warrant which God Almighty himself the King of Heven and Earth gave unto the Prophet Elias Unges Asachel Regem super Syriam Iehu silium Namasi unges Regem super Israel Thou shalt 〈◊〉 â—…sachel King over Syria and thou shalt anoint Iehu King over Israel In another place he speaks himself Inveni David servum meum oleo sancto meo unxi eum I have found David my servant and with my holy Oyl have I anointed him Therfore Kings are called Christs upon earth because they are anointed by God Nay Cyrus is calld Christ in this sense as the Text saith Haec dicit Dominus Cyro Christo ejus Thus says God to Cyrus his Christ or his anointed One of the Prerogatives of the Emperour is that he is to be anointed by the Pope himself But Kings are anointed by their own Prelats Augustin de Ancona gives the reason for this Ceremony because Oyl signifieth gladness and promptitude to debel the Enemies of the Church to fight for the Orthodoxal Faith and carry away Victories Therupon at the celebration of the Olympik Games the Wrastlers were usd to be anointed as the Poet sings Exercent Patrias Oleo labente Palestras Nudati Socii The holy King saith Dilexisti justitiam odisti iniquitatem propterea unxit te Deus Oleo laetitiae prae consortibus tuis Thou hast loved justice and hated iniquity wherfore God hath anointed thee with the Oyl of gladness above thy fellows By Oyl also is understood cleerness of Conscience as we read Prudentes Virgines acceperunt oleum in vasibus suis The wise Virgins took oyl in their lamps Now they are Hevenly wide of the truth who hold that these two Kings viz. of Ierusalem and Sicily with those of England and France are only capable of holy Unction For it belongs to all Kings especially to the Catholik King who is a mixt Person twixt Temporal and Spiritual for he is Canon of Burgos as the French King is of a Church in Poitou But the Kings of Spain have bin from all times anointed from the time of King Vuamba and after him Ervigius for the Text of the Council of Toledo saith plainly Serenissimus Ervigius Princeps Regni conscenderit Regni culmen Regnandique per sacram Unctionem susceperit potestatem Most serene Ervigius Prince of the Kingdome shall ascend the top of the Kingdome and by the holy Oyl take a power to raign After these the Gothik Kings were also anointed from Pelagius downward Therfore t is a pure Paradox or rather a vulgar Error that none but the four mentiond Kings are capable of holy Unction Argum. 8. Proving That the Catholik King may challenge Precedence because of the free and absolut Power he hath over his Dominions and that he hath Empires under Him c. IT mightily concerns Royal Dignity to have a whole Plenary Dominion and Rule and not to be subordinat to any other Temporal Power whatsoever Such an absolut Dominion the Catholik King enjoys and is entaild upon him
by the Laws of the Land though as a dutiful Son to the Church out of pure Ideas of Devotion he is contented to be obedient unto his Mother in spiritual things Yet ther are divers Tramontan Writers both Italian and Germans who being devoted to the Emperour wold make the Kings of Spain England and France to acknowledg the Emperour and they who do it not remain in no less then mortal sin And one of the main Arguments which they urge is That the Emperour Sigismund before the Council of Constance assembled sent his summons among other to Ferdinand King of Aragon to be there for the universal good of Christendome But herunto t is answerd That the glorious Emperour Charles the fifth made a solemn Protestation that he decreed nothing in Spain under the notion of Emperour For though he had a double quality yet whatsoever he acted in Spain was singly as he was King therof This signal Diploma or publick Protestation is yet to be seen in the Archives of Spain and is mentiond in the History of Pedro Mexia which runs thus Don Carlos por la gracia de Dios Rey de Romanos futuro Emperador semper Augusto Rey de Castilla y de Leon c. En uno con la muy alta y muy Poderosa Reyna Donna Iuana mi Sennora Madre Por quanto despues que plugo a la Divina Clementia por la qual los Reyes reynan que fuessemos Eligidos Rey de Romanos futuro Emperador y que de Rey Catholico de Espanna con que eramos bien contentos fuessemos promovido al Imperio convino que nuestros Titulos se ordenassen dando a cada uno su devido lugar Fue necessario conformando nos con razon segun la qual el Imperio precede a las otras dignidades seglares por ser la mas alta y sublime dignidad que Dios instituyò en la Iâ—…ierra de preferir la dignidad Imperial a la Real y de nombrarnos y intitularnos primero como Rey de Romanos y futuro Emperador que la dicha Reyna mi sennora lo qual hizimos mas apremiado de necessiâ—…d que de razon que por voluntad que dello tenemos porque con toda reverencia y acatamiento la honramos y desseamos honrar y acatar Pues que demas cumplir el mandamiento de Dios a que somos obligados por Ella tenemos y esperamos tener tan gran sucession de Reynos y senorios como tenemos Y porque de la dicha prelacion no se pueda Seguir ni causar perjuizio ni confusion adelante a los nuestros Reynos de Espanna ni a los Reyes nuestros Successores ni a los naturales sus subditos que por tiempo fueren Por ende queremos que sepan todos los que agora son ò seran de aqui adelante que nuestra intencion y voluntad es que la libertad y exempcion que los dichos Reynos de Espanna y Reyes dellos han tenido y tienen de que han gozado y gozan de no reconocer Superior les sea agora y de aqui adelante observada y guardada inviolablemente y que gozen de aquel estado c. Yo el Rey. Thus rendred into English Don Carlos by the grace of God King of the Romans and future Emperour always August King of Castile and Leon c. together with the most high and most mighty Dame Ioan my Lady Mother Wheras since it pleasd the Divine Clemency by which Kings raign that we were elected King of the Romans future Emperour and from a Catholik King of Spain wherwith we were well contented we were promoted to the Empire it was convenient that our Titles shold be orderd giving evry one his due place It was necessary conforming our selfs to Reason wherby the Empire precedes to other secular Dignities it being the highest and most sublime Dignity which God hath instituted on earth to prefer the Imperial Dignity before the Kingly and to name and intitle our selfs as Kings of the Romans and future Emperour before the said Queen my Lady which we did being pressd more by necessity then by any willingness we have therunto because we honor and respect and desire to honor and respect Her with all reverence and duty in regard that besides the accomplishing of Gods Commandment wherunto we are obligd we hold by Her and hope to hold so great a succession to Kingdomes and Dominions which we hold And because no prejudice or confusion may ensue to our said Kingdoms of Spain nor to the Kings our â—…uccessors nor to the Native Subjects that shall be for the time Therfore our desire is That all those who now are and shall be herafter may know That our intention and will that the Liberty and exemption which the said Kingdoms of Spain and their Kings have held and do hold that they have enjoyd or do enjoy Not to acknowledge a Superior be observd unto Them now and herafter and be inviolably kept And that they enjoy the same liberty and ingenuity which at the time of our promotion and before they had and enjoyd c. And our will is that this Declaration have the force and vigor of a Pragmatical Sanction c. Given in the City of Barcelona 5. 7bris 1519. I the King This Royal Manifesto or Pragmatical Sanction you see doth assert the absolut and independent Authority of the Kings of Spain and that they do not only renounce all subordinations but are free from the least acknowledgment to any Forren Power insomuch that it is enacted by the Laws of Spain that to avoid the least suspition of any obedience to the Empire the Civil Roman Law is not to be kept or alledgd as Law Nor indeed for driving out the Saracens and other Infidels was Spain ever obligd to the Empire or any other Extrinsik Power but she did it by the effusion of her own blood by the strength and valour of her own Natives Moreover the Kings of Spain are so far from any recognition of subjection to the Empire or any outward power that they themselfs in former Ages have bin frequently called Emperours in publik Instruments as Decretals Acts of Councils and Apostolical Epistles from Rome Now if they did merit to be calld Emperours then how much more is that Title adaequat to the Kings of Spain in these latter times wherin they are grown to be Lords of above half of the whole Terrestrial Globe Nor is the King of Spain thus exempt from all Forren extraneous Authority but in point of intrinsecal and domestik Power he is as absolut as any other for it hath not bin found this hundred yeers that his Subjects did refuse the payment of any Impositions which have bin many in regard he wars with all the world who repine at his Greatness Yet is he still Reâ—… Hominum a King of Men viz. of Free Subjects and not a King of Asinigos as his
Subject who resembleth a Mediator of Love Concerning the word Legat Resoldus tells us in brief that He is one who is sent to deliver the Commands of another but none of these can be calld properly Definitions according to the Rules of Logik but Descriptions They are calld sometimes Orators from Oracion or the fluency of the Toung which is the chiefest tool of an Ambassador They are calld also Nuncii because they come to declare and tell Now Nuncii and Legats are of late Ages they whom the Popa sends whose Ministers of this kind have a mixt employment twixt Spiritual and Secular Legats are of three sorts ther is Legatus Natus Legatus Missus and Legatus à Latere The first hath a perpetual successif Legantine Power as the Archbishop of Canterbury in England is endowed with that Prerogative as a Dignity annexd to the Archbishoprik above 1000 years since therfore ther can no other Legats come to England without the Kings special consent wherupon one of the Articles against Cardinal Wolsey was That he exercised a Legantine Power in England without the Kings privity Then ther is Legatus Missus and he signifieth as much as an ordinary Nuncio Then ther is Legatus à Latere or Apostolical Nuncio who is desumd out of the number of Cardinals only and they are sometimes Gâ—…vernors of Provinces or calld Pro-consuls and they are calld Legati de Latere because they are neerest the side and the greatest Confidents of the Pope We may read in Iustine that Ambassadors by some are calld Lenones Bawds but taken in a chast sense because by smooth and alluring Language they move the affections of the Prince to whom they are sent The Greeks call their Ambassadors 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because they ought to be of yeers and well salted in the world Ther are also Deputies and Commissaries who have the same Office as Ambassadors but the Civilians make this difference betwixt them that Ambassadors are sent to Equals Deputies to Superiors and Commissaries to Inferiors Ther is also a publik Minister of State calld Agent and he is sent when ther is a suspition that the Ambassador will not be honord as he shold be Therfore the French Kings of late yeers have no Ambassadors in the Emperors Court but Agents because of the Competition for Precedence twixt him and Spain Agents are likewise employd sometimes to save charges or that the Business may be done without noise Ahd of late yeers ther is a new Minister of State invented which is a Resident who is superiour to an Agent and inferiour to an Ambassador Both Agent and Resident have the Security though not the Session and state or such a latitude of power as Ambassadors have Now Agents may dispatch Businesses of as great consequence as Ambassadors though they do it more secretly and with lesse stir Therfore Hottoman saith That the Queen of England and the Princes of Germany had des Agens Secrets in Venice because that in regard of diversity of Religion the Senat wold not seem to make too strict a frendship with them and for these secret Employments Merchants have bin thought to be the fittest Instruments because under the cloak of Trading they may also hide Affairs of State Ther are also Heralds which are a sort of Ambassadors and they are very ancient They are calld Caduceatores whose Office is to denounce War for such was the open honesty of our Ancestors that they would not commence a War until they had sent notice of it in a convenient time beforehand and these had also the security of Ambassadors for the time but they were strictly tied to the very same words that were dictated unto them Their persons also are to be as free from any outrage as Ambassadors are which made the Earl of Essex check his soldiers in Keinton-field when the late King sent Sir William le Neve King of Arms the next morning after the Battail was sought who wold have outragd Him Ther are also other Ministers of State that draw neer to the nature of Ambassadors which are calld Consuls wherof some have Royal Commission though the nature of their Office be to protect and assist the Merchant being practisd in the Custome and Language of the Country in their Law-suits and ther is as much esteem had of these as of Agents Of these England hath more then any and they are allowd very noble allowance as he of Aleppo hath 4000 Dollars yeerly and they of Smyrna and Mosco little less but if ther be an Ambassador in that Dominion where they serve they are subordinat to his commands in divers things We will conclude this Paragraph with this distinction of Ambassadors That some are extraordinary or pro tempore employd upon some particular great Affairs or Condolements or Congratulations or for Overtures of Marriage c. and they use to go with greater lustre and magnificence and may return without sending for leave unless ther be a restraining clause in their Commission The other are Ordinary or Lidger Ambassadors commanded to reside in the place until they receave Letters of Revocation and as their time of return is indefinit so their business is incertain arising out of emergent occasions and commonly the protection and affairs of the Merchants is their greatest care But Albericus Gentilis with all the great Civilians alledge that these kinde of Ambassadors were not known but of late yeers and Paschalius calls them no better then Emissaries Explorators or Spyes which made Hen. 7. of England as he saith admit of none The second Paragraph Of the absolut and indispensable necessity of Ambassadors and that Mankind cannot subsist without them IF it were not for Ambassadors Wars wold be endless and Enmities everlasting Ther wold be no knowledg no frendship among Princes nor commerce among Nations Brunus says That among all Functions all Offices and Employments of a Commonwealth ther is none more necessary more difficult more honorable and that requires greater discretion sagacity and caution then that of an Ambassador but as it is accompanied with honor and profit so it is with danger and hazard Ambassadors are the emissititious Eyes of a Prince they are his ears and hands they are his very understanding and reason they are his breath and voice in contemplation wherof the Poet sings that an Ambassador is Vox Regum lingua salutis Foederis Orator pacis via Terminus irae Semen Amicitiae Belli fuga litibus hostis It is observd in all stories and confirmd by multitude of examples that the Interview and encounter of Kings hath bin rather a disadvantage then an advance to any great business specially in treating of Capitulations of Peace Therfore in the Politiks t is a Principle that in Colloquies for Pacification Princes shold not appeer in person but be represented by their Ambassadors and Commissaries A Journey to be performd by Kings requires much trouble and charges much ado ther is in fitting their train that they may
Crown and Alliance but also for neerness in Blood Your Message in the first part is a Ceremony sutable to the affections and obligations of Princes to express the sense they have of the mortality of their Frends which Office is best performd by a person of noble rank capable of the impression wrought in noble hearts But the substance of your Ambassage is for the publik Peace and the interest of our Brother the Palsgrave and our dear Sister depending therupon To advance this great work you must with convenient speed fit your self for your journey and pass the Seas in a ship appointed to transport you to the Sound or the River of Elve as by the way you shall learn where our Uncle the King doth now reside When you are landed you shall forthwith give notice of your coming that your Reception may be with honor due to our Ambassador of your rank Then after your coming to Court you shall in our name demand Audience and then attend the Kings plesure for your access but you shall not visit any other until you have had the honor of his presence to whom you are employd At your first audience you shall deliver our Letter of Credence to our Uncle and then with a significant expression of our entire and cordial affection proceeding from the obligations of frendship you shall tell him what great sorrow we have conceavd together with him for the death of our dear Granmother the late Queen his Mother whose memory you must adorn with her stile and due Praises enlargd as the information of her Life and Death and your own Judgment will best direct This Office being performd with the King without any mention of other business at that time you shall address your self to the Prince if he be present or otherwise by special audience and deliver with our Letter of Credence our like condoleance with expression of our hearty affection as to a Kinsman whose prosperity and inward frendship we very much desire Our Letters to our Aunts the Kings Sisters you shall deliver afterwards with signification of our condoleance and of our love to either of them and if more of our Cosens be there you shall pass like Offices with them all Whilst you attend this Ceremony you are to inform your self by Avery who hath the charge of our affairs at Hamborough and is also chosen Commissioner for our sister what is done concerning that Portion of our Granmothers personal Estate which is due unto Us as by our Uncles own Letters now to be deliverd unto you may appeer Which Portion we have given entirely to our said Sister with order to her Commissioners to sollicit for the same at the appointed time and in case you find performance to our Sisters satisfaction according to our former Letters sent on her behalf you shall take notice of it and give our Uncle hearty thanks for his just favor and expedition But if you find refusal or delay for the discounting of such debt as upon former Treties and by his last Letters our Uncle doth demand you shall assure him that before the receit of those Letters which mention the compensation of such Debts We had conveyd by Deed of Gift to our Sister all our interest in the Goods and given warrant to her Commissioners to attend the division and we hope our good Uncle in his Royal justice and favor to our Sister his Neece and her many distressed children will not add affliction to affliction but rather give them help by his forwardness in this our gift which we can no more revoke If this prevail not you shall modestly demand what those Debts are wherof he expecteth compensation and therin to clear all misunderstanding you are thus to distinguish The Debts to which our Uncle pretendeth are of two kinds all contracted by our Father of blessed memory and not by us First our Father after that our Uncle had undertaken the German War sent Sir Robert Anstruther with an advance of forty six thousand pounds present moneys and promised to pay thirty thousand pounds monthly so our Uncle wold maintain one thousand horse and four thousand foot for restoring our Brother and Sister to all their Patrimonial Dignities and Estates If then our Uncle shall declare that this is the debt he pretendeth to defalque out of the divided Goods you shall with due respects and as it were unwillingly call unto his mind what manner of performance was found on his part and how little those designes have bin advanced for which our Father expressed his Royal affection by so large an offer which caused us at our coming to the Crown to send the Duke of Buckingham and Earl of Holland to meet our Uncles Ambassadors at the Hague to qualifie those indigested assumptions made de bene esse for the present without debate of Articles indifferent for both parts And then as our Uncle well knoweth we setled the accompt upon a new foot and therfore ought no more to be called back to those exorbitant demands which notwithstanding upon due calculation of all our disbursements in money and in charges of our Auxiliary aids and diversions we have so much exceeded That laying a side all exception for not performing conditions we have just cause to claim retribution or at least acknowledgment of well-deserved thanks and not to be now strained for compensation of those Debts Of our â—…ast expences ther hath bin a List transmitted to Avery from Sir Henry Vane wherof you may make use by a Copy to be now delivered unto you to acquit Us of those debts But ther is another debt for money borrowed by our Father which we do acknowledg both principal and interest and for liquidation therof have given former directions to our Ambassador Sir Henry Vane who is to meet the Kings Ministers at the Hague in his return out of Germany and to consider of a cours for our Uncles satisfaction according to his expectation and our desire Upon this meeting if otherwise you cannot you must discharge your self and having setled the division of the Portion and put off the accompts in this manner you shall afterwards proceed as you find time and opportunity to your more weighty negotiation concerning the common cause representing to that King our Uncle the present state of Christendome specially of Germany the seat of the War that upon a mature consideration therof both he and we may best advise how to govern our Proceedings as well for our safety as for our interests with others and chiefly for the obtaining of a sure peace which is to be desired for the common good To this purpose you shall move him to cast his eyes upon that progress the King of Sweden his Neighbour hath already made by his sword almost through the Empire beyond all mens expectation and to foresee in his great wisdome what the consequence will be if by victorious Arms he shall obtain power to give the Princes and States on both
a place of surety here Wherunto he answerd That he held himself to be in a place of surety whersoever he had his sword by him Luynes little resenting the affront he had receavd from Sir Edward Herbert got Cadenet his Brother Duke of Chaune with a ruffling Train of Field-Officers neer upon a hundred wherof ther was not one as Cadenet told King Iames but had killd his man I say this Man came Ambassador Extraordinary to England a little after who mis-reporting the Traverses twixt Herbert and Luynes prevailed so far that Sir Edward Herbert was presently revokd to answer the Charge that shold be laid against him In the mean time the Earl of Carlile was employd Ambassador Extraordinary to France for accommodating Le Mal Entendu which might arise betwixt the two Crowns Carlile was commanded to inform himself of the truth of the business aforementiond and he could meet with no relation but what Luynes had made himself wherin more affronting and haughty expressions were laid to Sir Edward Herberts charge then had truly passed For though the first provocation came from Luynes yet the Ambassador kept himself within the bounds both of his Instructions and Honor. But as my Lord of Carlile was ready to send this mis-information to England the Gentleman formerly spoken of who stood behind the Hangings came to the Earl of Carlile and said That he owd so much duty to Truth and Honor that he could do no less then vindicat Cavalier Herbert from all indiscretion and unworthiness and therupon related the true circumstance of the business which was as it was before told The Earl of Carlile being thus rectified in knowledg of the truth gave account to King Iames accordingly who cleerd Sir Edward Herbert and resolvd to renvoy him Ambassador to France wherof he having notice He kneeld to the King before the Duke of Buckingham and desird that since the business was publik in both Kingdoms he might in a publik way demand reparation of Monsieur Luynes for which purpose he beseechd his Majesty that a Trumpeter if not a Herald might be sent on his part to Monsieur Luynes to tell him That he had made a false relation of the passages before mentiond and that Sir Edward Herbert wold demand reason of him with sword in hand on that point The King answerd that he wold take it into consideration but Luynes a little after died and Sir Edward Herbert was sent Ambassador to France again Iohn the late Earl of Bristol being Ambassador in Spain had many clashes with the Alguazils and the Alcalde himself together with divers Officers to preserve the Privileges of his House in point of Sanctuary which was done with much courage and discretion But ther was one signal passage among divers other One Scoppius had publishd an infamous base Book against King Iames and being in Flanders where Sir Iohn Benet was sent for among other things to demand Justice of the Archduke upon him he had fled to Madrid and the Earl being in despair to get him punishd there where the Iesuits are so powerful he employd a good resolut Gentleman Mr. George Digby his Kinsman to give the said Scoppius a Balaâ—…re or slash ore the face which he did to some purpose for t is athwart ore his face and his mouth that had offended which he carried as a mark of Revenge to his Grave The said Earl being also employd Ambassador to the Emperour in the heighth of the Wars for the Palatinat and returning neer Heydelberg or therabouts where Count Mansfelts Army was upon which the greatest strength of the Palsgrave depended which Army being ready to disband for want of Pay the Earl of Bristol pawnd his whole Cupboard of Plate to find mony for the said Army els all had bin lost at that time Such an extraordinary Noble Act and beyond Commission the Earl of Leicester did propose also to do when he was Ambassador to the King of Denmark For wheras that King made a delay to pay the Portion which was due unto the Lady Elizabeth out of the Estate of Queen Sophia her Granmother which amounted to about 150000 l. and which the said Earl had power to receave and the reason of the King of Denmarks delay being because ther were some accounts to be liquidated twixt his Nephew the King of Great Britain and Him The said Earl provided he might receave the said Portion due to the Lady Elizabeth to comfort her now in her great extremities offerd to engage besides his Honor all the Estate he had in England which his Majesty must partly know that this shold no way prejudice the accounts that were twixt Him and the King of Great Britain This motion of the Ambassadors was highly extolld by the King and all the Danish Court for the Nobleness of it The said Earl being afterwards Ambassador for many yeers in France he wold never give Precedence to Cardinal Richelieu and touching Hugo Grotius who as he was Ambassador for Sweden wold have made his Coaches drive before his he was put back avec un pied de nez with a Nose a footlong as is mentiond more at large in the last Paragraph of Great Britain which went before Liberorum Cerebri Sextus Post Quadraginta FINIS The Bookseller to the Reader THe Reason why ther is no Table or Index added herunto is That evry Page in this Work is so full of signal Remarks that were they couchd in an Index it wold make a Volume as big as the Book and so make the Postern Gate to bear no proportion with the Building CHR. ECCLESTON