A brief ABSTRACT OF THE QUESTION OF PRECEDENCY, BETWEEN ENGLAND and SPAIN. Occasioned By Sir Henry Nevil Knight, the Queen of England's Ambassador, and the Ambassador of Spain at Callies, before Commissioners appointed by the French King: Who had moved a Treaty of Peace in the two and fortieth year of the reign of the same Queen, by ROBERT COTTON Esquire, at the commandment of the Queen's Majesty. LONDON, Printed by L.N. and R.C. for Thomas Slater, at the sign of the Swan in Duck lane, Novemb. 24. 1642. THE PRECEDENCY OF ENGLAND and SPAIN. Place; Antiquities, Kingdom, or a Christian Kingdom of the throne Royal. or Eminency; Or Person; Nobility of blood, or Antiquities of government. precedency of England in respect of the antiquity of the Kingdom. TO seek before the decay of the Roman Empire th● antiquity of any kingdom, it were a mere vanity when as the kingdoms of Christendom, 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 descent) was never styled Rex Hispaniae, but Gotharum. Rodoricus Sanctus pag. 312. And the kingdom of Castille, wherein the main and fairest antiquity of Spain rested, began not before the year of Christ 1017. whereas they were but Earls of Castille before. So that the kingdom of the English begun (which was always, as Beda observes, an Heptarchy) 460. years before Castille or Spain. Precedency of England in respect of Antiquity of Christian Religion. Joseph of Aramathea planted Christian Religion immediately after the Passion of Christ in this Realm. 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 Emperor Constantius, born at York, of whom in the Roman Laws near his time is written, Qui Veneranda Christianorum fide Romanorum immisit Imperium. And to him particularly more than to other Emperors 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 blood Royal Confessors and Martyrs in England, than in any Province in Europe: And from Ethelbert King of Kent (converted in anno 596.) until 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 souls: 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 heresy of Prisilian, then with Gothish Arianism, and after defaced with Moorish Mahometism from 707. years after Christ, in continuance 770. years, until Ferdinando King of Arragon and Castille utterly expelled the Moors from thence. Precedency of England in respect of the more absolute authority political. The Queen of England's power is absolute in acknowledging no Superior, 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 Moor in his Debellation saith, The Church of Rome can show no such deed of subjection, neither that the King could grant it of himself. And Eugubinus in his Defence of Constantius Donat. nameth not England, where he reciteth all the feodary Kingdoms to the Papacy. Ex legibus Canat. The Peter-pences 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, appeals granting privileges, taking homage, and the like. And this Jura majestatis not limited in sensu numerato, bello Judicando, pace ineundo. Eulentherius the Pope, 1400. years ago, in his Epistles to Lucius King of Britain, styleth him Vicarius Dei in regno suo. So is the King of England in Edgar's 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 Spain. The King of Spain hath no Kingdom, 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 Arragon 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 Arragon from the Bishops of Rome were under Oath of subjection invested ex formali fiducia. The Kingdom of Portugal in vassalage to the Pope under an Annual tribute. And the Canaries, Hesperides, and Gorgon Lands subjected to the Sea of Rome under the chief Rent of four hundred Florins by Lewis King of Spain, 1243. of both the Indies, Alexander did reserve the regalities of Scicilia to the Church, as chief Lord. And Grando and Navarre 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 he holdeth the Dukedom of Milan: So that it is questionable among Civilians, whether he be Princeps, which holdeth in foedo all, of others; his absolute authority restrained in Arragon by Justitia Aragonica; in Bisca and other places, by particular reservations; and his Jura Majestatis in sensu numerato, bello judicando, pace ineundo, etc. limited by the privilege of the State, as in Braband, and elsewhere in his Spanish territories, ex propriis constitutionibis & privilegiis. Precedency of England in respect of more absolute Authority Ecclesiastical. Her Majesty's power is more absolute in this, confirmed by ancient custom and privilege more than any other Christian Prince, for no Legate de latere in England de Jure allowed but the Archbishop of Canterbury, if any be admitted by courtesy, he hath no authority to hold plea in the Realm contrary to the Laws thereof. Placit 2. H. 4. And before he was admitted, and entered the Realm, he was to take oath to do nothing dirogatory to the King and his Council, placit. an. 1. H. 7. No man might denounce the Pope's Excommunication, nor obey his authority, on pain to forfeit all his goods without assent of the King or his Council, placit. 32. & 33. Edw. 1. Malmsb. Dunst. Rot. Henry the first called a Provincial Council; and so did Canutus and others: No appeal to Rome without the King's licence, an. 32. & 34. Edw. 1. Investure of Bishops and Churchmen in the King's hand, ex Matth. Paris, & Hen. Huntingdon. De gratis Pontific. Dunel. placit, 32, Edw. 1, and in 32. Edw. 3. where the reason of the Ecclesiastical authority to suspend or bestow Church livings, is yielded, Quia Angliae unguntur in Capite. Subsequence of Spain. The King of Spain can pr●s●ribe no custom to prohibit the Pope's Legate, nor useth any authority penal over the Clergy. Spain can produce no example of any Provincial Council 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. Appeals from the King to Rome allowed, so the Kings of Spain hath no power Ecclesiastical, having despoiled themselves of all, by inthralling their kingdoms to the Church of Rome. Precedency of England in respect of eminency of Royal dignity. The Kings of England are appointed as the Kings of France, who only have their preeminency before other Kingdoms, declared by miracle in the cure of the Regis morbus, which they can effect only, and that of antiquity; from Edw. the Confessor, who lived in an. 1067. who healed many. Beda. lib. 2. They are superior Lords of the Kingdoms of Scotland and Man, and Vicarii Imperii, as Edw. 3. and Oswold entitled him Rex Christianissimus. They are filii adoptionis Ecclesiae; as the Emperor 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 general Counsels at Constance and Pisa was made a nation, when all Christianity was divided into four Nations, Italicam, Gallicam, Germanicam & Anglicam, ex lib. Sacrarum Ceremoniarum Ecclesiae Romanae; Whereupon a seat accordingly was allowed at the three General Counsels (viz.) Constance, Pisa, and Sienna, to the English Ambassador, next to the Emperor 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 Legates should hold such places as they had enjoyed then before, according to their worth and antiquity, yet in the common Council of Trent, the precedency of France with Spain was made questionable. Augustus' de Carallis, as the strongest reason to bar the French interest, inferred the Queen of England from her Ancestors, both in respect of inheritance, conquest and gift, de Jure Queen of France; by which reason, when he doth shake or overthrow, as he doth consequently the precedency of England. And at a treaty between Hen. 7. and Philip of Castille, 1506. the Commissioners of England did subsigne before the others, and in the Treaty of Marriage with Queen Mary, an. 1533. those of England are first rehearsed, and at Burburgh, an. 1588. they gave it to her Majesty's Ambassadors. And in respect of the eminency of this Royal throne to the Sea of Canterbury was granted by Urbane at the Council of Claremount, an. 1096. for ever the seat in General Council at the Pope's right foot, who at that time uttered these words, Includamus in Orb nostro tanquam alterius orbis Pontificem maximum. Subsequence of Spain. 1 The Kings of Castille are never anointed, neither hath the Spanish Throne that virtue to endue the King therein, and be invested with the power to heal the King's-evil; for into France do yearly come multitudes of Spaniards to be healed thereof. 2. No Kingdom held in Fee of him. 3. Spain at the said Council not remembered one of the Sons of the Church. 4. The King of Spain placed last after the King of England, Intersuperillustres by the said Corsetus. 5. The Kingdom of Spain then comprised under Italica natio, and no Nation of itself, as in old time it was called Iberia minor, as a member of Italy, England being Britannia major. At which time the Spaniard contented himself with the place next the King of France. Precedency of England before Spain, in respect of Nobility of blood. Her Majesty in lineal descent is deducted from Christian Princes for 800. years by Ethelbert a Christian, 596. and the matches of her progenitors have been most Royal with France, Germany, Spain, Scotland and others. Subsequence of Spain. For their antiquity of Descent as Kings of Spain, is chief from the Earls of Castilia, about 500 years since; for they cannot warrant their descent from Attalaricus the Goth, and as Dukes of Austria from the Earls of Habspurgh, only about 300 years since. Their matches anciently for the most part were with their subjects, and of late in their own blood. Precedency of England in respect of antiquity of Government. Her Majesty having reigned now most happily about 42. years. This we would not at this time have alleged, but that the Spanish Ambassador at Basil objected, in this respect, the minority of King Hen. 6. Her sex herein is nothing prejudicial, when as both divine and humane Laws do allow it, and accordingly Spain, England and Hungaria, insomuch, that Mary the last Queen was always styled Regina Maria Hungariae. Subsequence of Spain. The King of Spain is yet in the infancy of his kingdom. For the precedency may be viz. the antiquity of the Kingdom, when as Castille, Arragon, Navarre, and Portugal, had their first Kings about 1025. The ancient receiving of the Christian Faith by Joseph of Arimathea, Simon Zelotus, Aristobulus, yea, by S. Peter, and by S. Paul, as Theodoretus and Sophrinius do testify. This kingdom was held of God above, and in no Vassalage to the Emperor or Pope, as Naples, Sicilia, Arragon, Sardinia, and Corsica. Sir Thomas Moor 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 paid to the Pope by King John by way of alms. The absolute power of the King of England within other Kingdoms is much restrained. England is accounted the fourth part of Christendom. For in the Council of Constance all Christianity was divided into four Nations, as aforesaid, and accordingly gave their voices. England in the opinion of the Pope is preferred, because it is contained in the Ecclesiastical 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 General Counsels at the Pope's 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, etc. 1246. King Hen. 2. elected King of jerusalem by the Christians, 1185. Richard the first conquered the kingdom of Cyprus, and gave it to Guy L … whose posterity reigned there until of late years. This kingdom hath heretofore challenged the superiority over Scotland, as aforesaid, and is now at this time the absolute Lord of Ireland, besides it still retaineth the title to the Kingdom of France. FINIS.