I. use the aid for the time appointed in the treaty; saying in BOOK generality, (eo casu subsidiis auxiliaribus, &c.) I asked, Whether in those general words, they mean not the mony as well as the men? Whereupon they seemed to doubt, and took a note thereof, to know the emperor's pleasure in the same. In the ninth article, where it is treated for redress of injuries done by one subject to the other, there we fell into a brawl of half an hour, upon a question that I moved, viz. When they took justice to be denied? And their answer was, That we used none at all. And here at length I fell into their manner of arresting of one whole nation upon a knave mariner's complaint. And he, What thieves our nation was upon the sea, and lawless people, and that they never proceed to such extremities, but when their subjects had been in England and justice was denied. That hath never been seen, quoth I; but if any of your subjects think himself grieved, streight he runneth to monsieur le protecteur; and he, by and by, setting all the king's affairs apart, must attend to the affairs of monsieur le mariniure, or else home runneth he with open cry, That he cannot have justice in England, and you streight believe; and thereupon cometh these often blusters. And do you think it reason, that monsieur G. or you should attend to every private man's complaint; you should then have a goodly office. No, you send them to the ordinary justices, and so let that take place and way as it will; but you will never impeach your self more with the matter. And reason, quoth he, but the cause is not alike with you in England, for there, quoth he, all things come to the lord protector's hand, there is none other judg or justice used or cared for in the realm; no, and his letters sometimes not esteemed, and that our subjects fear full often, and therefore of force they must resort to monsieur protecteur. And this is not true, quoth I, and that monsieur Hobbey knoweth, my lord protector, nor none of the privy-council, meddle with no private matters whosoever it be, but only meddle with matters of state, leaving all other things to the ordinary course of justice, ex II. PART cept only many times to gratify your ambassador, and to shew himself glad to nourish the amity, he troubleth himself with the complaints of your subjects, which, by St. Mary, by my advice, he shall do no more, seeing it is so little considered, but shall refer them to the common justice. Whither is that? (quoth he.) To the admiralty, quoth I. Marry, a goodly justice, quoth he, for so shall the poor man's cause be tried before his adversary. And why not tried in our admiralty (quoth I) as well as in yours? Nay, quoth he, both be naught indeed; they were very ordinary courts at the beginning of the redress of matters upon the sea; but now they feel the sweet of the gain such, as they care little for justice. And here, as well for relief of poor men spoiled and robbed upon the seas, as to avoid arrests, and such other troublesome proceedings on either side, we fell to devising, and came to this point; if the princes for their parts, upon their advertisement to the emperor, and we to your grace, shall like it, that commission sufficient be given by the emperor to two of his privy-council, to hear and determine by their discretion, summary, et de plano, all complaints by the king's subjects here for criminal causes upon the sea; and the king's majesty to do the like to two of his privy-council, for the complaints in like case of the emperor's subjects. And this was all was passed in open conference, saving, That in the discourse for the confirmation of the treaty by the prince and their countries, as they seemed to shew the emperor's readiness, (but yet not so resolved) that the prince should confirm the treaty, and that further any other thing should be done that he might reasonably do, to declare his good will to the entertainment and augmentation of his amity and affection to the king's majesty. So he alleaged divers reasons why the emperor should not seek to his subjects to confirm his treaties with forreign princes. We alleaged the example of the king, and the French king in times past; and what was said in that case at C. in the presence of himself de C. and Chap. Whereunto he answered, That the state of France was more 1. restrained than the emperor's; and that the French king BOOK could give no piece of his patrimony, nor bind his country, without the consent of his parliament at Paris, and the three estates; but he thought the king of England to have a greater prerogative, and the emperor he was sure had a greater prerogative; and so had all his ancestors, and therefore would be loth now to put himself so far in their danger: they were, he said, fifteen or sixteen parliaments, and if a thing should be proposed unto them, whereof they had never heard the like before, they would not only muse much at the matter, but they would have also the scanning of it; and what would come of it, the emperor could not tell, peradventure dash the matter, and so prejudice his prerogative with them. Yet now where he and his ancestors. do, and have always passed treaties with other princes, and bind their subjects thereby without making them privy thereto, it would by this means come to pass, that from henceforth their subjects would look to be privy to every treaty, which were not convenient; marry, for the prince which shall succeed, to confirm the treaty, he thought the emperor could not take it but reasonable, and doubted not to bring a good answer in the same. So as we see for this point, it will come to the confirmation of the king and the prince, and upon any condition or interpretation of the treaty to them also, wherein we intend to go forwards, for so our instruction beareth us, unless that before the conclusion and shutting up of the matter, we hear from your grace to the contrary. The things being thus far passed, and our open talk at a point, and they ready to depart, monsieur D'Arras taking occasion (as it seemed) to stay because of the rain, took me aside, and asked me if I would command him any other service. I answered, No service, but friendship, and the continuance of his good will to the king's majesty's affairs; whereunto he making large offers, I began to enter with him, how much your grace, and all the rest, reposed themselves in the friendship of the emperor, and the good ministry of his father and him, to the furtherance of the PART king's majesty's affairs; to whom, as in that behalf, they II. shewed themselves great friends, so did they, like good servants to their master, for the prosperous success of the affairs of the one, served the turn of the other, and the contrary. Whereupon I discoursed largely, as far as my poor capacity would extend, how necessary it was for the emperor to aid and assist us in all things, so as we are not oppressed by force, or driven, for want of friendship, to take such ways to keep us in quiet, as both we our selves would be loth, and our friends should afterwards have peradventure cause to forethink. ; I repeated first how we entred the wars for your sake for the king might have made his bargain honourable with France, which no man knew better than I: how long we have endured the war, and how long alone; how favourable they are to our common enemies the Scots; how ungentle the French be to us, and by indirect means think to consume us, to make the emperor the weaker. I recited the practices of the French with the Turk, with the pope, with the Germans, with Denmark; his aid of the Scots, and all upon intent to impeach the emperor when he seeth time, or at the least attending a good hour, upon hope of the emperor's death; the weaker that we be, the easilier shall he do it; if we forgoe any our pieces on this side, we must needs be the weaker; and that so we had rather do, than alone to keep war against Scotland and France. Wherefore if they will both provide for their own strength, and give us courage to keep still that which we have, the em*This is a peror must be content to take *13 into defence, as well as cipher, and other places comprehended in the treaty; which, I said, we suppose, for meant not, but upon a reasonable reciproque. What reBulloign. stands, I ciproque (quoth he) roundly? Thereupon advise you reason- I. case be true, quoth he; but herein we will charge your BOOK honours and consciences, whether the fact be so or no? for your grace shall understand, that I talked in the matter so suspiciously, as though such an invasion had been made, and that you would require common enmity. In fine, sir, after many motions and perswasions, and long discourses used on my behalf, to induce them to take 13 into defence; his refuge was only, that they would fain learn how they might honestly answer the French; albeit I shewed him some forms of answers, which he seemed not to like; yet in the end I said, he was a great doctor, and as he had put the doubt, so he was learned sufficiently, if he listed, to assoil the same. He said, he would open these matters to the emperor, and trusted to bring me such an answer as I should have reason to be satisfied, and so departed; whereof, as soon as we have knowledg, your grace shall be advertised accordingly. And thus we beseech God, to send your grace well to do all your proceedings. Number 40. A letter from sir William Paget, and sir Philip Hobbey, concerning their negotiation with the emperor's ministers. An original. Galba. IT It may like your grace be advertised, That yesterday at Cotton lib. afternoon, monsieur D'Arras, accompanied with two presi-.12. dents of the council, St. Maurice and Viglius, came unto the lodging of me the comptroller; and after some words of office passed on either part, D'Arras began to set forth the cause of their coming, saying, That the emperor having at good length considered and debated the things proponed and communed of between us since my coming hither, had sent them to report unto me his final answer and resolution to the same. And first (quoth he) to your case, That at our being together for the revisitation of the treaty, ye put forth upon the sixth article for the common enmity in case of invasion, his majesty museth much, what ye should mean thereby, for |