A briefe ABSTRACT OF THE QVESTION OF PRECEDENCY, BETWEENE ENGLAND and SPAIN.

Occasioned By Sir Henry Nevil Knight, the Queen of Englands Embassador, and the Embassa­dour of Spain at Callys, before Commissioners appointed by the French King: Who had moved a Treaty of Peace in the two and fortieth yeare of the reigne of the same Queen, by ROBERT COTTON Esquire, at the commandement of the Queens Majesty.

LONDON, Printed by L.N. and R.C. for Thomas Slater, at the signe of the Swan in Duck lane, Novemb. 24. 1642.

THE PRECEDENCY OF ENGLAND and SPAIN.

  • Place;
    • Antiquities,
      • Kingdome,
      • or a Christian Kingdome of the throne Roya [...].
    • or Eminency;
  • Or Person;
    • Nobility of bloud,
    • or Antiquities of government.

precedency of England in respect of the antiquity of the Kingdome.

TO seek before the decay of the Roman Empire th [...] antiquity of any kingdom, it were a meer vanity when as the kingdoms of Christendome, now in being, had their rising from the fall thereof; at which instant Vortigeras, a native of this Isle, fir [...]t established here a free kingdom 450. years, from whence her Majesty is in descent Lineally.

And it is plain, that as we were later than Spain reduced under the Roman yoke, so were we sooner freed from it.

Subsequence of Spain.

Spain, since the dissolution of the Roman Empire, articuled no King till of late.

For Attala [...]icus (from whom they would upon slender warrant ground their discent) was never stiled Rex Hispaniae, but Gotha­rum. Rodoricus Sanctus pag. 312. And the kingdome of Castile, wherein the maine and fairest antiquity of Spaine rested, began not before the yeare of Christ 1017. whereas they were but Earles of Castile before.

So that the kingdom of the English begun (which was alwayes, as Beda observes, an Heptarchy) 460. years before Castile or Spain. [Page 3] Precedency of England in respect of Antiquity of Christian Religion.

Joseph of Aramathea planted Christian Religion immediatly after the Passion of Christ in this Realme.

And Aristobulus, one of them mentioned by S. Paul, Rom. 16. Baronius. Dorothorus Beda. Beda. Baro. & Donaco Constanti­ni. was Episcopus Britannorum, and so likewise was Simon Zelotus.

The first Christian King in Europe was Lucius Sirius.

The first that ever advanced Papacy of Rome was the Emperour Constantius, born at York, of whom in the Roman Lawes neer his time is written, Qui Veneranda Christianorum fide Romanorum immisit Im­perium. And to him particularly more than to other Emperours are these Epithetary attributed, Divus divae memoriae, divinae memoriae, or­bis l [...]erator, quietus fundator, reipublicae instaurator, publicae libertatis a [...] magnu [...], maximus invectus restitutor urbis Romae, atque orbis.

And there have been more Kings and Princes of the bloud Royall Confessors and Martyrs in England, than in any Province in Europe: And from Ethelbert King of Kent (converted in anno 596.) untill this day Christianity hath been without interruption continued.

Subsequence of Spain.

In the time of Claudius S. James preached in Spain; but gained only nine soules: So did he in Ireland, (as Vincentius saith) and they cannot count Christian Religion to be then planted in Spain, which shortly after was first tainted with the heresie of Prisilian, then with Gothish Arianism, and after defaced with Moorish Mahometism from 707. yeares after Christ, in continuance 770. years, until Ferdinando King of Aragon and Castile utterly expelled the Moores from thence.

Precedency of England in respect of the more absolute authority politicall.

The Queen of Englands power is absolute in acknowledging no Su­periour, nor invassalage to Pope nor Emperor. For that subjection, which by King John was made to Innocentius the third, after in Par­liament, Per praeceptum Domini Papae septimo Julii cum fidelitate ho­magii relaxatur omnino.

Sir Thomas Moore in his Debellation saith, The Church of Rome can shew no such deed of subjection, neither that the King could grant it of himselfe. And Eugubinus in his Defence of Constantius Donat. nameth not England, where hee reciteth all the feodary Kingdoms to the Papacy.

Ex legibus Canat.The Peter-pence were not duties, but Eleemozynae Regis, neither the Roman Scot, but Regis largae benignitatis parem non habet Rex Angliae in regno suo multo fortius, nec superiorem habere debet, saith Bracton.

Ipse non debet esse sub homine, sed sub Deo, & habet tantum superiorem Judicem Deum.

Likewise in appointing Magistrates, pardoning life, appeales granting priviledges, taking homage, and the like. And this Jura ma­jestatis not limited in sensu numerato, bello Judicando, pace ineundo.

Eulentherius the Pope, 1400. yeares ago, in his Epistles to Lucius King of Brittaine, stileth him Vicarius Dei in regno suo.

So is the King of England in Edgars Laws; and Baldus the Lawyer saith, Rex Angliae est Monarcha in Regno suo: and Malmesbury, post conversionem ad fidem, tot & tantos obtinuit libertates quot Imperator Imperio.

Subsequence of Spaine.

The King of Spaine hath no Kingdome, but is Feodary, as Castilia enthralled by Oath of subjection and Vassaledge from King Henry to Charles the fifth of France, 1369. ex foedore con [...]racto: And for the Netherlands there is due to the French King, or the Papacy; as Aragon to Innocentius the third by Peter, 1204. confirmed by Ferdinando and Alphonsus, 1445. and from James by the like Oath, 1453.

And to Sardinia and Corsica the Kings of Aragon from the Bishops of Rome were under Oath of subjection invested ex formali fiducia.

The Kingdome of Portugal in vassall [...]ge to the Pope under an Annuall tribute.

And the Canaries, Hesperides, and Gorgon Ilands subjected to the Sea of Rome under the chiefe Rent of foure hundred Florens by Lewis King of Spain, 1243. of both the Indies, Alexander did reserve the regalities of Scicilia to the Church, as chiefe Lord.

And Grando and Navar were made Feodary to the Pope under Julius the second.

Naples at every change sendeth a Palphery, as an Heriot due to the Church of Rome; and of the Empire hee holdeth the Dukedome of Millain: So that it is questionable among Civilians, whether he be Princeps, which holdeth in foedo all, of others; his absolute authori­ty restrained in Aragon by Justitia Aragonica; in Bisca and other pla­ces, by particular reservations; and his Jura Majestatis in sensu nu­merato, [Page 5] bello judicando, pace ineundo, &c. limited by the priviledge of the State, as in Braband, and else-where in his Spanish territories, ex propriis constitutionibis & privilegiis.

Precedency of England in respect of more absolute Authority Ecclesiasticall.

Her Majesties power is more absolute in this, confirmed by anci­ent custome and priviledge more than any other Christian Prince, for no Legat de latere in England de Jure allowed but the Archbishop of Canterbury, if any be admitted by curtesie, hee hath no authority to hold plea in the Realme contrary to the Laws thereof. Placit 2. H. 4. And before hee was admitted, and entred the Realme, he was to take oath to do nothing dirogatory to the King and his Councell, placit. an. 1. H. 7. No man might denounce the Popes Excommunication, nor obey his authority, on paine to forfeit all his goods without as­sent of the King or his Councell, placit. 32. & 33. Edw. 1. Malmsb. Dunst. Rot.

Henry the first called a Provinciall Councell; and so did Canutus and others: No appeale to Rome without the Kings licence, an. 32. & 34. Edw. 1. Investure of Bishops and Church-men in the Kings hand, ex Matth. Paris, & Hen. Huntington. De gratis Pontific. Dunel. placit, 32, Edw. 1, and in 32. Edw. 3. where the reason of the Ecclesi­asticall authority to suspend or bestow Church livings, is yeelded, Quia Angliae unguntur in Capite.

Subsequence of Spain.

The King of Spain can pr [...]s [...]ribe no custome to prohibite the Popes Leg [...]te, nor useth any authority penall over the Clergie.

Spaine can produce no example of any Provinciall Councell by call of their King. Bodin. lib. 1. cap, 2. towards the end, writeth that the Kings of Spain, Non sine magna mercede impetrarunt sexti pontifi­cis Romani rescriptione peregrinis sacerdocia tribuerentur.

Appeales from the King to Rome allowed, so the Kings of Spaine hath no power Ecclesiasticall, having dispoiled themselves of all, by inthralling their kingdomes to the Church of Rome.

Precedency of England in respect of eminency of Royall dignity.

The Kings of England are appointed as the Kings of France, who only have their preheminency before other Kingdomes, declared by miracle in the cure of the Regis morbus, which they can effect onely, and that of antiquity; from Edw. the Confessor, who lived in an. 1067. who healed many.

Beda. lib. 2.They are superiour Lords of the Kingdoms of Scotland and Man, and Vicarii Imperii, as Edw. 3. and Oswold intitled him Rex Chri­stianissimus. They are filii adoptionis Ecclesiae; as the Emperour is fi­lius primogenitus, and the King of France, filius natu minor. They are accounted among Reges superillustres, in this Order, Imperator Rex Franciae, Rex Angliae & Franciae. Vido Corset.

England in the generall Councels at Constance and Pisa was made a nation, when all Christianity was divided into foure Nations, Ita­licam, Gallicam, Germanicam & Anglicam, ex lib. Sacrarum Ceremo­niarum Ecclesiae Romanae; Whereupon a seat accordingly was al­lowed at the three Generall Councels (viz.) Constance, Pisa, and Si­enna, to the English Embassadour, next to the Emperour on the left hand, to the King of France on the right hand, which were ancient themselves, before the Spaniards at Brasill, 1431. began to contend for precedency, where it was in the first Session ordered, that all Le­gats should hold such places as they had enjoyed then before, accor­ding to their worth and antiquity, yet in the common Councell of Trent, the precedency of France with Spaine was made questionable.

Augustus de Carallis, as the strongest reason to bar the French in­terest, inferred the Queene of England from her Ancestors, both in respect of inheritance, conquest and gift, de Jure Queene of France; by which reason, when he doth shake or overthrow, as he doth con­sequently the precedency of England.

And at a treaty betweene Hen. 7. and Philip of Castile, 1506. the Commissioners of England did subsigne before the others, and in the Treaty of Mariage with Queene Mary, an. 1533. those of England are first rehearsed, and at Burburgh, an. 1588. they gave it to her Ma­jesties Embassadors.

And in respect of the eminency of this Royall throne to the Sea of Canterbury was granted by Urbane at the Councell of Claremount, an. 1096. for ever the seat in Generall Councell at the Popes right foot, who at that time uttered these words, Includamus in Orbe nostro tanquam alterius orbis Pontificem maximum.

Subsequence of Spain.

1 The Kings of Castile are never anointed, neither hath the Spa­nish Throne that vertue to endue the King therein, and be invested with the power to heale the Kings-evill; for into France doe yearely [Page 7] come multitudes of Spaniards to bee healed thereof.

2. No Kingdome held in Fee of him.

3. Spaine at the said Councell not remembred one of the Sonnes of the Church.

4. The King of Spaine placed last after the King of England, Intersuperillustres by the said Corsetus.

5. The Kingdome of Spaine then comprised under Italica natio, and no Nation of it selfe, as in old time it was called Iberia minor, as a member of Italy, England being Britannia major.

At which time the Spaniard contented himselfe with the place next the King of France.

Precedency of England before Spaine, in respect of Nobility of bloud.

Her Majesty in lineall descent is deducted from Christian Princes for 800. yeares by Ethelbert a Christian, 596. and the matches of her progenitors have been most Royall with France, Germanie, Spaine, Scotland and others.

Subsequence of Spaine.

For their antiquitie of Descent as Kings of Spaine, is chiefly from the Earles of Castilia, about 500. yeares since; for they cannot warrant their descent from Attalaricus the Goth, and as Dukes of Austria from the Earles of Habspurgh, only about 300 yeares since.

Their matches anciently for the most part were with their sub­jects, and of late in their owne bloud.

Precedencie of England in respect of antiquity of Government.

Her Majestie having reigned now most happily about 42. yeares.

This we would not at this time have alledged, but that the Spanish Embassador at Basil objected, in this respect, the minority of King Hen. 6. Her sex herein is nothing prejudiciall, when as both divine and humane Lawes do allow it, and accordingly Spaine, England and Hungaria, insomuch, that Mary the last Queene was alwayes stiled Regina Maria Hungariae.

Subsequence of Spaine.

The King of Spaine is yet in the infancie of his kingdome.

For the precedency may be viz. the antiquity of the Kingdome, when as Castile, Aragon, Navarre, and Portugall, had their first Kings about 1025.

The ancient receiving of the Christian Faith by Joseph of Arima­thea, [Page 8] Simon Zelotus, Aristobulus, yea, by S. Peter, and by S. Paul, as Theodoretus and Sophrinius do testifie. This kingdome was held of God above, and in no Vassallage to the Emperor or Pope, as Naples, Sicilia, Aragon, Sardinia, and Corsica.

Sir Thomas Moore denieth that King John either did or would make England subject to the Pope, and that the tribute was not paid (pag. 296.) but the Peter pence were paied to the Pope by King John by way of almes. The absolute power of the King of England within o­ther Kingdomes is much restrained. England is accounted the fourth part of Christendome. For in the Councell of Constance all Chri­stianity was divided into foure Nations, as aforesaid, and accor­dingly gave their voyces. England in the opinion of the Pope is pre­ferred, because it is contained in the Ecclesiasticall division. Two large Provinces which had their Legati nati, when as France had scantly one. The Emperor is accounted Major filius Papae. The King of France is Filius minor. The King of England Filius adopti­nis. The Archbishops of Canterbury are accounted by the Pope▪ Tanquam alterius orbis Papae, and appointed to have places in Gene­rall Councels at the Popes right foot.

The title of Defensor fidei, as honourable and as justly bestowed upon the Kings of England, as Christianissimus upon the French, or Catholicus upon the Spaniard.

Edw. the third was created Imp. vicarius perpetuus Imperii cum jure, rite notisque in omnes, 1338.

Imperii subditi, and the Kings of England Papae vicarii by Pope Nicholas the second (viz.) Coporave, 1065.

Innocentius the fourth said, Vere hortus delitiarum est Anglia, vero puteus inexhaustus ubi multa abundant, &c. 1246.

King Hen. 2. elected King of Ierusalem by the Christians, 1185.

Richard the first conquered the kingdom of Cyprus, and gave it to Guy L [...] whose posterity reigned there untill of late yeares.

This kingdome hath heretofore challenged the superioritie over Scotland, as aforesaid, and is now at this time the absolute Lord of Ireland, besides it still retaineth the title to the Kingdome of France.

FINIS.

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