By I. H.

AT LONDON Imprinted by F. K. for C. B. and are to be sold at his shop in Pauls Church-yard at the signe of the Swanne. 1604.

  • [Page]This trea­tise consi­steth of two parts,
    • A com­menda­tion of Vnion,
      • General, Chap. 1.
      • Particular, of the two Realmes of England and Scot­land, wher­in is consi­dered, the
        • Vtilitie, viz.
          • The extingui­shing of wars, betweene the two Nations, whereby
            • 1. Our victories haue been hindered.
            • 2. Inuasions haue been oc­casioned.
            • 3. The borders betweene both Realmes haue al­waies been laid waste.
            • 4. The inner partes haue been often distressed.
          • Enlargement of Dominion from whence will proceede
            • 1. The Dignitie and repata­tion of the State.
            • 2. [...]ssurance of Defence.
            • 3. Strength to enterprise.
            • 4. Ease in sustaining the publike charge of affaires.
              • Cap. 2.
        • Necessitie, Cap. 3.
    • The means vvhereby this Vnion may be as­suredly ef­fected, and this consi­steth in two poynts,
      • 1. By incorporating both peo­ple into one politicke body: and this is done, by binding them together with the same Lawes, (particular customes alwaies reserued) which are the very nerues of a politicke bodie, Chap. 4. Here two opi­nions are considered.
        • 1. That the Lawes of England since the time of Brutus, were neuer changed, which is fabulous.
        • 2. That change of Lawes traineth many disorders with it: But this faileth in two cases,
          • 1. Where the change is not great.
          • 2. Where it is not suddaine, but in time, and by de­grees.
            • Cap. 5.
    • 2. By knitting their minds in one con­tentment and de­sire, Chap. 6. Herein two circum­stances are princi­pally considered,
      • Equalitie in
        • Libertie and Priuiledge
        • Capacity of office & charge
          • Cap. 7:
      • Conformi­tie or Si­militude, Cap. 8. e­specially in
        • Habite and behauiour, Cap. 9.
        • Language, Cap. 10.
        • Name, Cap. 11. wherein is fur­ther con­sidered.
          • VVhat common name is most fit, and whether the like change in name hath been vsuall or [...]. Cap. 12.
          • Certaine obiecti­ons, con­cerning
            • Matters of State inward, or mat­ters of Lawe. Cap. 13.
            • Matters of State forrein, or mat­ters of enter­course, Cap. 14.
            • Matters of honor and reputation. Cap. 15.

The Preface.

I Am not ignorant, how aduenturous it is to entermeddle in those controuer­sies, wherein the minds of men being stiffened in conceite, and possessed with preiudice of opinion, they esteeme a man in that degree learned or vnlearned, wise or weake, according as hee doth either iump or iarre with them in iudgement. But in these high controuersies of state, it is dangerous also for a priuate man to deale; part­ly, for that he may be assured not to escape the blowes of them, whose enuious disposition cannot looke right vpon any thing, nor endure the burthen of another mans deser­uing well; but especially, for that diuers times he engageth his safetie vpon vncertaine euents, wherein his hazards do very farre surmount his hopes.

And yet, because in ciuill differences we cannot but hold such for enemies, as, either through negligence, which is ill, or through feare, which is worse, stand in shew of Neuters, expecting the issue with an idle eye; for that it often hap­peneth, that by withdrawing our selues in the beginning of dissentions, we are afterwards able to affoord no other ei­ther comfort or reliefe, but to mourne with the rest in the publike miserie; I haue aduised, and thereupon aduentured to thrust my selfe into the common throng: being rather assured than in hope, that howsoeuer I be both priuate and meane,Opera [...]nesti [...]. yet the paines of an honest Citizen is neuer vnpro­fitable.

And hereof I haue the more reason to presume, for that [Page] I finde not my selfe caried by any peeuish humor of discon­tentment, which will ruinate so many as it doth rule; nor by any seruill desire of pleasing or flattering, which I haue alwaies esteemed more base than begging; nor by any false and foolish ouerweening, whereby many doe conceiue that nothing can be well either determined or done, except they haue a finger in it: but first, for loue to the good of the state, whereto we are by all true rules most neerely tied; and next, in dutie toward his Maiestie, to whom we are not onely in conscience but in necessitie bound to bee loyall. Touching whom, it concerneth vs also to consider, in what state of re­putation he shall stand, and how others will be encouraged to vse insolencie against him; (the thoughts of men ad­uancing by degrees) if in his first purposes, hauing reason and equitie concurring with his power, he shall not finde the meanes to preuaile.

It behoueth vs to be, as resolute and constant for the good of the state, so wise in discerning what is good; other­wise we are not resolute but rash, and our constancie is no other than an ill grounded obstinacie. It behoueth vs a­gaine, not to be more wittie to frame feares, than wise to iudge them, assuring our selues, that those things which seeme dangerous and are not, doe daily decline and demi­nish by degrees; and that those counsailes which proceede, not from iudgement well grounded, but from some distem­perature of affection, after they haue a little throwne vp their fume and fire, doe sodainly dissolue, and vanish as vaine. Lastly it behoueth vs to foresee, that a time may come, which will manifest how profitable it might be, not to haue been negligent in things which seemed to be small: for that oftentimes vpon matters appearing of little weight, things of great consequence doe depend.


CHAP. I. A commendation of Vnion in generall.

I Will not write generally of the na­ture of vnion, whereof diuers haue diuersly made discourse. And con­cerning the excellencie thereof, I know not what neede there is to adde any thing to that which S. Augustine saith:Lib. de Para­d so. not onely that it representeth vnto vs the soule of man, which is a most pure and simple substance, not distracted by communicating it selfe to euery part of the bodie; but also that it is the very image of God, who both perfectly containeth,Lib. de quaest. vet. & nou­test. and infinitely exceedeth the excellencies and perfections of all creatures; who being the only true one, loueth this similitude of himselfe in all his creatures. And of this point the Philosophers also seemed to haue attained a taste:In som. Scip. for Macrobius referreth perfect v­nion onely vnto God, terming it the beginning and end of all things, being altogether free from begin­ning, chaunge or end. The more ancient Philoso­phers haue likewise held, that from vnitie, which [Page 2] they call [...], all things doe proceede, and are againe resolued into the same.In Princ. lib. De [...]itis sen­ten [...]sq [...]e Phi­los. Of which opinion Laertius writeth that Musaeus of Athens the sonne of Eumol­pus was author, who liued long before the time of Homer: but afterward it was renued and followed by Pythagoras, Plut lib. de dogmat. Phi­los. as Plutarch, Alexander and Laertius doe report; who added thereunto, that vnitie is the ori­ginall of good,Alexan succes­sion. Philos. Laer. de vit. Philo lib. 8. H [...]er. 1. co co [...]tra Iouin. C. [...]. 32. di. 1. Desan. tu. lib. 6 and dualitie of euill. And this opinion was maintained also by S. Hierome, whose sentence is to this purpose repeated in the Canonicall decrees, but vnder the title and name of S. Ambrose. Here­upon Homer doth often call good [...]; and the affec­tion to doe good [...]: applying the terme [...] to vexa­tion and trouble. Hereupon Galen also the Prince of Physitions writeth, that the best in euery kind is one, but the vicious or defectiue are many. Plato produ­ceth all things from oneIn Timaeo.; measureth all things by oneIn Philebo.: and reduceth all things into oneIn Epino­mide.. And ge­nerally all true testimonies doe agree, that the grea­test perfection of glory, beautie, stabilitie or strength, is either occasioned by vnion, or therein found.

CHAP. II. More particularly of the Vnion of the two Realmes of Eng­land and Scotland: and first of the vtilitie thereof.

BVt to descend into particular consideration, touching the vnion of these two Realmes of England and Scotland, the benefits which are presented thereby are so many and manifest, that the chiefest impugners thereof are not able, euen in the greatest tempest of their iudgement, directly to [Page 3] denie them, onely they seeke either in silence or ge­neralities to passe them ouer, or els by propounding many difficulties, to qualifie our wils from pursuing them by desire. For, whereas there are two respects which combine and knit people together, the one a vehement feare, either in preuenting or in remouing of some euill; the other (which is the weaker) an vr­gent hope and desire, in attaining of some good: both these doe present themselues most liuely vnto vs; and from these two principall respects, two prin­cipall benefits doe infallibly ensue. The first is, the extinguishing of warres betweene the two nations: the second is, the enlargement both of dominion and power.

Touching the first, it alwaies falleth, that the brea­king 1 of one countrey into diuers principalities, is an assured ground of miserie and warre, by reason of the diuersitie both of the interest and of the ends of those that possesse it: neither is there any meanes to reduce the same into conditions of quiet, but by re­storing it againe to the state of Vnion. This meanes hath in a short course of time altogether appeased the cruell and inueterate, not onely butcheries but hate, betweene the English and the Welsh; and I am not assured whether the want of this hath made all other appliancies, whether of clemencie, or of iu­stice, or of armes, if not vnprofitable, yet insufficient, to represse the riotous rebellions of Ireland. And how great haue been the miseries and mischiefes, which haue heretofore proceeded from the warres betweene England and Scotland, it may euidently ap­peare, by seuerall consideration of the effects there­of.

[Page 4] First therefore the course of our conquests, espe­cially in France, Victories hin­dred. hath by this meanes been often in­terrupted. For to this end the French haue alwaies held correspondencie with Scotland, as the only way to diuert the enterprises of the English against them. So that if this gap bee closed past their entrance, wee haue taken from them their surest defence.Inuasions oc­casioned. Second­ly, opportunities haue bin opened to forreine inua­sion; the people of both Realmes being hereby weakened, the store and treasure wasted, matters of themselues sufficient to beate open their gates to any one that would attempt vpon them. And in truth, it was vpon no other aduantage that the Saxons, and after them the Danes found so easie entrance into this Realme: calamities lamentable euen for stran­gers to heare of, much more for those wretches to endure, vpon whose neckes the law of destinie had laid so hard and heauie a yoke. Thirdly, by meanes of these warres,Confines laid waste. the confines of both nations haue continually been held vnder the cruell calamitie of the sword; they haue bin a nurserie of rapines, rob­beries and murthers; they haue bin not only vnpro­fitable, but very chargeable to the State, by continual maintenance of many garrisons.Inner parts distressed. Lastly, the inner parts of both Realmes haue been often pierced, and made a wretched spectacle to all eyes of humanitie and pitie: wherein notwithstanding the English stood vpon the disaduantage, in that they fought a­gainst them who had least to lose.

2 Now, for the largenes of the benefit of enlarge­ment of dominion, wee are chiefly to consider both the nature and abilities, as well of the countrie which shall be ioyned vnto vs, as of the people which pos­sesse [Page 5] it. The countrey is if not plentifull, yet suffici­ent to furnish, not onely the necessities, but the mo­derate pleasures of this life: wherein, whosoeuer is brought vp and bred, hee will neuer be grieued to a­bide. The people are, great in multitude, resolute in minde, for seruice apt, in faith assured, in wils tr [...]e­table, moderate in hopes, bearing one common de­sire to commit their liues to any aduenture, not only for the safetie, but for the glorie of their state: and generally their conditions so well furnished, as they did neuer better than now flourish in all mortall fe­licities. By addition of such both people and place, many particular benefits will inseparably ensue.

And first, it will bee a greater increase of dignitie [...] and reputation to the common state, than our high­est thoughts can easily imagine. For, that which is more generall, is more generous also and honorable as Decius teacheth vs; for that it compriseth [...] particulars within it: which is aduowed also by that which Baldus saith; that by reason of vniuersalitie a thing may be esteemed of greater worth. Hereto a­greeth that sentence of Salomon; The honour of a King is in the multitude of people. And therefore the Scrip­ture reporteth it as a great part of his glorie; that he reigned ouer all kingdomes from the riuer (Euphrates) to the land of the Philistims, 1. [...] 24. and vnto the border of Egypt; and in all the region on the other side the riuer.

And if in our hearts may be any desires more vio­lent than of glorie, there are other effects of this en­crease of dominion and power, more mightie to moue vs, or at the least more necessarie. For hereby also our defence will bee the more assured;Defence. because against the forces and felicities of these two Nations, [Page 6] it will be so hard, as almost impossible, either for for­reine enemie or domestical rebell to haue power to preuaile. And whereas heretofore the ports of either nation haue been so many gates for inuasion of the other; the borders also betweene them haue been a place of assured retreit to the rebels of both coun­tries, in case their enterprises did not succeede: these passages being now closed, all secret supportance withdrawne, and both people knit in a common de­fence, it will not onely frustrate the end, but cut off the hope of any such attempts.

Further,Enterprise. wee shall be strengthened hereby in any forreine enterprise, whensoeuer time shall cut out oc­casions fauourable to our desires. Whereas in a peo­ple rather confederated than vnited, is seldom seene, either a conformitie in will, or a ioynt readinesse in power, whether to pursue resolutely the fauour of fortune, or constantlie to resist the stormes of di­stresse: because in such enterprises as are occasioned by diuersitie of interest, and draw with them diuer­sitie of ends; disdaines, distrusts, and all kinde of dis­orders are easily kindled.

Lastly,Ease. both our libertie and our plentie by this meanes will encrease; and we shall with farre greater both alacritie and ease sustaine the defraiments of publike affaires. For generally, in small principalities, the people are more wronged in person and wrung in purse; their estates are more neerely raked and gleaned; they haue lesse aduantage both by trafficke and trade, then they who liue in large dominions. And this will be the accomplishment of our felici­tie, if by our euill either fortune or aduice, we suffer not the occasion to be lost.

CHAP. III.Of the necessitie of this Vnion, and by what meanes it may be perfected.

I Will not further enlarge vpon these seuerall benefits; partly because I addresse not my speech to such sicke iudgements, as esteeme nothing sound which doth not beare a beautifull shew; partly because they appeare vnto me so cer­taine and plaine, that I holde it not reasonable to stand and dispute them: but chiefely for that this vtilitie of vnion is seconded also with a kinde of ne­cessitie; which is mightie to bend those minds that are inuincible against all other meanes. For, if peo­ple reduced vnder one gouernment be not therein vnited; if they be set together, and not into one; they are like sand without lime, subiect to dissipation by euery winde: they are like vnto stones, heaped, but not compacted together, easily seuered by their proper weight. Hereupon Liuie saith: Tolle vnitatem, & omnes imperij contextus in multas partes dissident: Take away vnitie and all the frame of the Empire will sepa­rate into many parts. Which is also confirmed by that saying of Christ; A kingdome deuided cannot continue. So that if any man, either blinded by aduerse and peruerse destinie, or else caried, whether by feare, the vnderminer of all determinations, or by enuie, the rebell to all reason, shall now make offer, directly or by circumstance to oppose against this Vnion, and to encounter the benefits thereof with priuate respects; we haue iust cause, not onely to deny him [Page 8] audience, but to beare a hard opinion of him; as not knowing to what ends his thoughts are dis­posed.

It remaineth onely that wee consider, by what meanes these benefits may be best assured; that is, by what meanes both nations may bee reduced to an inseparable imbracement. To this purpose we are to respect the two parts of perfect Vnion of di­uers states; The first is, by incorporating the people into one politicke body; the second, by knitting their minds in one contentment and desire: euen according to that which Sant Paul saith:Pphes. 4. one body, and one spirit. Of these two parts of Vnion, the first may bee termed of law, and the second of loue; whereof I will speake now in order, so briefly as I may not be obscure; and so fully as the auoyding of tediousnes will permit.

CHAP. IIII. Of the bodily Vnion, or Vnion by law.

THe bodily or politicke Vnion is no other thing, but the collecting of both people vn­der one common gouernment and com­maund, and the ioyning of them in obedience vnto one head. For these two points of commaunding and obeying are the very soule of a common­wealth, the absolute offices of ciuill societie, the one­ly obiects of a perfect stateseman: for as without commaund there is no direction, so without obe­dience there is no strength: as direction needeth strength, so is strength vnprofitable without directi­on. [Page 9] Of the first of these two Seneca speaketh:De Clem. lib. 1 Istud est vincu­lum, per quod resp. cohaeret; ille spiritus vi­talis. quem haec tot mili [...]tra­bunt; nihil ipsa per se futura nisi o [...]us & sraeda, si m [...]s illa imperij sub­trahatur. This is the band of coherence in a common-wealth; this is the vitall spirit which these so many thousands doe breath; who would become nothing by themselues but a burthen and a pray, if this soule of command be taken from them: Of the second Liuie: Lib. 3. Vires imperij in con­ssersu obedien­tium sunt. The strength of the Empire con­sisteth in consent of those that obey: Sophocles of both: [...]. There is no greater euill than want of gouernment: but obedience of Subiects saueth many liues. These are the two legges to support, the two armes both to feede and defend the common-wealth: if one of these be taken away, both doe perish, the vnitie of state dis­solueth, Idemque dominandi finis erit, qui parendi fuerit: and there will be (saith Seneca) the same period of ruling which shall be of obeying.

But, because there is no forme of gouernment now but by lawes; because lawes are the instrument and meane both of obedience and rule; if follow­eth, that there is no firme connexion in one forme of gouernment, that there is not one entire and vn­deuided subiection and commaund, where the peo­ple are not bound together by one common law. But as, how cunningly soeuer a painter layeth on his colours to make two bordes seeme one, yet if they be not made firme in the ioynts, they will al­waies remaine, and in short time appeare to be two: so, whatsoeuer apparances are vsed to make two states seeme one, if they haue not one communitie of lawes, they remaine notwithstanding, and vpon small occasions will shew themselues disioynted,Lib 10. Eius­dem iuris esse del ent qui sub todem rege vi­ctu [...]i sunt. euen in the noblest and strongest limmes of gouern­ment. Hereupon Curtius saith: They ought to be of one law, who are to liue vnder one King. And Tacitus [Page 10] lkewise affirmeth,Quicquid est authoritatis crebris destiui­tur contradi­ctionibus. that vpon such diuersities: All au­thoritie is ouerthrowne by continuall contradicting. And this is manifest by that which happened in the in­fancie of the popular state of Rome, when the Senate made lawes for themselues,Theoph. iust. de iur. gent. nat. & ciu. § Plc­biscitum. which they called Sena­tus consulta: and againe, the common people made lawes for themselues, which they termed Plebiscita: but herewith they were diuided in companie, which was more daungerous vnto them, than the inuasi­ons of their best appointed enemies. Neither could those disorders be ranged into any tolerable forme, vntill by the law Hortensia, the lawes of both were extended equallie vnto all. Afterward for auoyding the like inconueniences, the Romanes permit­ted [...], proprietie of lawes, to no prouince which they did absolutely subdue; but reduced them vn­der gouernment of the Romane lawes. According to which example King Iohn also planted in Ireland the lawes which were then the lawes of this realme.

And this made the Vnion of all the kingdomes of Spaine, and likewise of little Britaine with France both more easie, and also more sure, because they had commonly receiued the same ciuill lawes. For lawes are the common bandes of all cities and societies of men; the very ligaments and nerues of euery poli­ticke body: and therefore in those countries that are ruled by different lawes, though other differences may be quieted, composed they cannot be. This is plainely confirmed by that which Cicero saith: [...] Pa [...]. lus [...] In supplie. [...] Law and equitie are the bands of cities: whereto that of Eu­ripides is agreeable in sense.

[Page 11] This is that which holdeth cities together,
When men doe well obserue the Lawes.

CHAP. V. Whether all change of Lawes be daunge­rous to a State.

THIS streine peraduenture will sound harsh vnto many, in whose eares suspiti­on doth sit, to beate backe the creadit of any kinde whether of perswasion or proofe. From these I expect two principall obiecti­ons. The first is, that the lawes of England were ne­uer changed since the time of Brutus; not onely in the peaceable state of the realme, but not by any of the seuerall conquerors thereof: not by the Nor­manes, Danes, Saxones; no not by the Romanes, who vsually changed the laws of all other countries which they brought vnder the sway of their sword: but that in all other changes, whether of inhabi­tants, or of state, the lawes doe still remaine the same, which Brutus compiled out of the Troian lawes; and therefore it is not fit they should in any point be altered. I will not now spend time vpon this opi­nion; partly because it is not commonly receiued, but especially for that I haue in a particular treatise examined at large, the parts and proofes of this as­sertion. Not as derogating any thing from the true dignitie of the common law; but as esteeming hy­perbolicall praises now out of season; as neuer su­table but with artlesse times.

The second obiection will bee, that change of [Page 12] lawes alwaies traineth so many disorders, as are suf­ficient to shake the whole frame of a state, if not to dissolue it. Tacitus saith: [...]. In all affaires the prouision of former [...] is best, and euery conn [...]sion is a change to the worse. Whereupon Valerius hath written: [...] Se [...] an­swere to Dol. man. p. g. 23. Euen in least things wee must not alter the least point of auncient custome. This may be further fortified by the great care and seueritie which many nations haue vsed; and most especially the Spartanes, Athenians, Epidau­rians, [...]rians and Scythians, as well to preuent as to punish al attempts of innouation; as taking the same, either for a cause or presage of some confusion.

For my part, I doe vtterly condemne either light or often alterations of lawes; knowing that so reue­rent respect is borne to antiquitie, that auncient lawes are oftentimes of force without helpe of ma­gistrates to maintaine themselues: but new lawes are so farre from this grauitie and grace, that many times they draw the residue into contempt. The plant thriueth not (saith Seneca) which is often remoued. [...]. For who can stand long that will not stand still? but euery day change the forme of their gouernment, as lightly as they doe the fashion of their garments? yea, it is a rule of policie generally approued in that state which hath long florished vnder one kinde of gouernment, [...]. Senc. [...]. Lib. 2. not to admit alteration, although it beareth a faire face of profit. And this was the coun­saile which Dio reporteth that Augustus gaue in the Senate of Rome: [...]. Keepe the lawes which you haue strong­ly; change not any of them, for those things that abide in the same state, although they be worse, are more profitable than those that are alwaies changed, although in apparance [Page 13] they seeme better: Which was also the opinion of Alcibiades in Thucidides; Thucid. lib. 6. [...]. that those men remaine most safe, who are gouerned by their present customes and lawes without change, although the [...] be worse.

And yet on the other side, I am as farre from al­lowing a strict and seuere tenacitie of lawes; which (being another extreame) is many times more either hurtfull or vnprofitable, than the light change of them. For who will commend the counsaile of the Epidaurians, who for feare of attracting innouati­on, interdicted their people from all forreine both trauaile and trade? or that of the Locrians, who to keepe their lawes both from change and encrease, erected an vse, that whosoeuer would haue a new law established, hee should propound the same, his necke girt in a halter, that if it were not esteemed ne­cessarie, his law and life might end together. Some­times entire alteration of gouernment is necessarie. For so Plutarch writeth,In Pomp. that Cratippus declared to Pompey, being cast into flight, and complaining of the prouidence of his Gods, that the peruerse state of Rome stood in great necessitie of the gouernment of one man:Annal. 1. and so Tacitus likewise reporteth, that certaine wisemen discoursing of the life of Augustus after his death, affirmed rightly, that there was no o­ther meanes to appease the disorders of the state, but by reducing it vnder the principalitie of one. But the change of some particular lawes is many times grounded vpon so great respects, that all nations do vsually vary them, as occasions doe alter: and some­times as Tacitus saith;Hist. 1. Necet priscus rigor & [...]. Old rigour and too great seueritie is hurtfull vnto vs, because we are not able to match. Nei­ther is any inconuenience by such particular change [Page 14] of lawes either feared or felt, if two circumstances be therein obserued. One, that the change bee not great; the other, that it be not sudden, but at leisure and by degrees.

Now, to reduce the lawes of England and Scotland into one bodie, it seemeth the change will not bee great. First, for that customes and priuiledges of par­ticular places are not to be impeached; for these are diuers in euery nation, without any notable incon­uenience, so that conformitie be held in one com­mon law. Secondly, the fundamentall lawes (as they are termed) of both kingdomes and Crownes doe well agree. In other lawes of gouernment they hold good conformitie, as hauing heretofore bin vnder one scepter; but now by long seuerance the lawes of either nation are like a shooe worne long vpon one foote, and thereby made rather vnseemely than vnseruiceable for the other. Of these lawes, they that are diuers but not contrarie, may still be retained and communicated to both people: [...]. for so Alexander said, that his great Empire could not aptly be gouer­ned, but by deliuering to the Persians some lawes and customes of the Macedonians, and by receiuing likewise some things from them: and euen so a­mong the Romanes, those lawes which the com­mon people made onely for themselues, and those also which the Senators had made, onely to binde themselues, were by the law Hortensia made com­mon vnto all. So then, the change shall be onely where the lawes are contrarie; which will not bee either great or vnprofitable, if it be not laid only vp­on the lawes of one people, but indifferently diui­ded betweene them both.

[Page 15] Examples are obuious of the like commission of lawes: but I will insist onely vpon one; which is most memorable, and most properly concerneth both our countrey and our case. When King Ed­ward surnamed the Confessor was aduanced to the Crowne, he found the realme gouerned by three dif­ferent lawes; the West-saxon law, the Mercian law, and the Dane law. Out of these three lawes, partly moderated, and partly supplied, hee composed one bodie of law, commonly called S. Edwards lawes: which were of so great equitie, that when they were abrogated by the Conquerour, and the Crowne fell into controuersie betweene Mawd the Empresse and King Stephen, the people alwaies inclined to fauour that part, who put them in fairest hope of restitution of those lawes. And afterwards in many ciuill con­tentions, the greatest demaund of the people appea­reth to haue been, the restitution of King Edwards lawes.

And yet these alterations are most safely wrought in some meane course and compasse of time;Ad Attic. lib. 11 Epist. 19. Dio. 52. and as Cicero saith: Et quam minimo sonitu orbis ille in rep. con­uertatur: That this circle may bee turned in the state, [...]. without any great sound. And so Dio writeth, that Augustus did not presently put all things in practise which were decreed: Fearing that he should erre, if he would suddenly apply men vnto them; but some things hee redressed presently, and the rest afterwards: vpon which manner of proceeding Tacitus also reporteth of him, that he did by degrees aduance himselfe and draw the offi­ces both of lawes and Magistrates into his hands. l [...]s [...]gere pa [...] ­la [...]m, [...] s [...]tr [...]h [...]e. For, as in a naturall bodie, no sudden change is without some perill; so in a politike bodie it is so much the [Page 16] greater, as there are more humours to receiue a hurt­full impression. And in this regard the proceeding of Alaricus King of the Gothes is fullie to be equalled,C [...]ia. Ap ad R [...]n [...]onem. if not preferred before that of Augustus. For Alari­cus finding the Romanes in other points tractable, but vnwilling to bee gouerned by the lawes of the Gothes, hee permitted them the vse of the Romane lawes, but by interpretation in a short space he drew them, to beare the same sense with the lawes of the Gothes.

For, if it be true that Zenophon saith:2. P [...]ri. [...]. It is easier to rule all other creatures than man: and which Seneca af­firmeth;De clem. lib. 1. Nullum animal morosiu [...] [...], nullum ma [...]ori artetractan­dum. No liuing creature is of harder conditions, none to be handled with greater arte: If it be true also which Liuie saith:Excellentibus ingeniis [...]tius d [...]fuerit ars qua ciuem re­gant, quam qua [...] supe­rent. Excellent wits shall sooner faile in the arte to gouerne subiects, than to vanquish enemies: it followeth, that oftentimes a people may be ruled, more fitly by following, than by striuing or opposing: euen as na­ture driueth not violently at any effect, but enfoul­ding her ends in the desires of her creatures, hath her purposes pursued, not as hers, but as their owne. And as the Sunne is continually carried with the sway of the first moueable Sphere, and yet perfor­meth his proper motion in a contrarie course: so a Prince may oftentimes yeeld to the violent mindes of the multitude,Ad Lentul. ep. 9 Si recta por­tum tenere ne­quea [...], idipsum mutata velifi­catione asse­qui. and yet effect his owne purposes and desires; euen as Cicero counsailed: When wee can­not beare into the hauen with a full and faire winde, to doe the same by changing saile.

CHAP. VI. Of vnion of mindes or of loue.

I Wil proceed now to the vnion of minds, without which the bodily vnion is of little strength, either for present vse, or for continuance. For all forced gouern­ments are both weake and momentany, because they leaue out the will of man, without which it is impos­sible there should be either any firme or long cohe­rence. For although other creatures may be enfor­ced beyond their wils, yet the will of man is not sub­iect to constraint; because it a waies followeth the direction of reason; (though sometimes darkened or abused by a [...]ections) which hauing a most high and eminent libertie, it must bee perswaded and not inforced: the vnderstanding must first be wrought and wonne, and that is the onely meanes to bring the will into obedience.

This vnion of will and of minde Seneca termeth,De Clem. lib. 1. cap. 4. the common band of states, the vitall spirit, the very soule and life of an Empire: Rege incolumi mens omni­bus vna. And herein the first Christians were com­mended,Act. 4. 32. for that they were of one heart and soule; that is, retained one minde, will and desire. This vnion S. Paul calleth, the band of peace: Ephes. 4. 3. and therefore desired in his prayer for the Romanes;Rom. 15. 5. that they might be like minded: 1 [...]. 1. 10. and requested the Corinthians, to knit together in one minde and iudgement:Ephes. 4. 3. The Ephe­sians also; to keepe the vnitie of spirit in the band of peace:Phil. 2. 2. 3. 17. 4. 2. and likewise the Philippians; to minde one [Page 18] thing, and to proceede by one rule. And with him agreeth S.1. Pet. 3. 8. Peter also, in exhorting vs all to bee of one minde.

But this vnion of mindes betweene the English and the Scots is not to bee esteemed a matter which may easily be effected; by reason of the great diffe­rences which haue been betweene them. For in old enmities it is hard to establish both a present and per­fect reconciliation; because either suspition, or con­tempt, or desire of reuenge are proper and assured meanes, either alwaies to continue, or readily to re­nue the ancient hate. And yet this will prooue most easie and plaine, if industrie be applied to the oppor­tunitie present. And the rather, for that it hath plea­sed God to open the way to this Vnion in such a time as there is almost no memorie of any warre be­tweene the two nations: insomuch as the long peace which hath now continued more than fiftie yeeres, and the mutuall offices which in the meane time haue been shewed, haue now either worne out, or at least much weakned the hate, which in former times, by reason of continuall warre, was almost growne to be naturall. Onely some circumstances must be con­sidered, without which it is alwaies hard, and where­by it is neuer impossible, to worke the willes and de­sires of diuers people into one. These circumstances may bee reduced to two principall heads: the first is equalitie; the second, conformitie or similitude in all things whereby any notable difference should be maintained or made.

CHAP. VII. Of Equitie.

I Doe not speake of Arithmeticall equali­tie, which is equall in the thing, giuing to all alike; but not in the persons (as is Geometricall) allowing vnto euery man according to his due: I speake not of equalitie in degree, or in estate, for that were the greatest inequa­litie that could bee; but in libertie and priuiledge, (which is the maine supporter of peace) and in ca­pacitie both of office and charge. That as the Sunne riseth and shineth to all alike, so the law should com­prehend all in one equall and vnpartiall equitie. Of this equalitie Plato saith;De legib. li. [...]. [...]. Equalitie maketh friendship, and is the very mother of friendship: which he citeth as an old saying of Pythagoras, and doth exceedingly both allow and commend the same.Polit. 5. cap. 1. & 2. Aristotle doth esteeme inequalitie the ground of suspition; which the16. q. 7. l. cum oportet C. de bo. quae lib. law also accounteth the fewell of discord: but of equalitie he saith;Ethic. 8. ca. 6. [...]. In Phoeniss. All these friendships are by equa­litie. And to the same purpose Euripides hath written;


Equalitie bindeth friends to friends, cities to cities, and confederates to confederates. For equalitie is law to men. But the lesse is alway enemie to the greater, and forthwith entreth into hate.

[Page 20]
Hereto agreeth that of Theognis:
Omnes hisese venerantur, amantque vicis [...]im,
Vicini, aequa [...]is viribus, atque s [...]ncs.

Among the Latine writers Seneca, saith:All these beare reue­rence one to others, equall neighbours, and aged per­sons. Equa­litie is the principall part of equitie. [...]. And this right is [...]er­med by Cicer [...]par: as being equall vnto all, and pro­ceeding from nature, and held in vse by common consent whereby it is often familiar vnto men (as Tacitus saith) To make other mens aduantag [...] as gri [...] ­u [...] is vnto them, as their proper iniuri [...]s. And his was one principall meane, whereby the Romane state receiued both continuance and [...]; because the people did so easily impart the libertie [...] of their citie almost vnto all.A [...]t Platarch. in ag [...]l. For Epaminondas [...] that peace is then firme, when equalitie is observed: according to which sentence Liuie writeth,Lib. 8. that when the Romanes demaunded of the Embassadours of the Princrnates, whether peace should bee durable if it were graunted vnto them, they returned answere; that it should bee perpetuall if the conditions were equall, otherwise for so long time as their necessitie should indure. For let vs not bel [...]eue that any peo­ple will beare vnequall conditions, any longer time than necessitie doth continue. To these I will adde that which Saint Ambrose saith:De Offic. lib. 1. V [...]im as p [...]es paribus maxi­me [...]. In P [...]adro. lib. de les. Pa­tria [...] c. cap 2. [...] aequalis gratia &c. We see that equals doe best ioy together: which sentence seemeth to be taken out of Plato, and is by him in another place in this sort confirmed: Let them be ioyned in equall fauour who are ioyned in equall nature. What doe you maruaile if strife rise among brethren for house & for ground, when because of a coate the children of holy Iacob did burne in enuie?

[Page 21] Hereupon the law doth alwaies incline to main­taine equalitie among brethren, in case of succes­sion; and that whether we respect the pretorianL. 1. C. vnde lib. l. si post. §. si. d. de bon. [...]., or ciuill lawL. inter fil [...]os. C. [...]., or else the imperiall constitutionsI. pen. C. com. d [...]u. l. vlt. C. com. [...]. iu­di [...]. C de collat. per to tot. t [...]t.. And Baldus noteth, that all statutes which admit children vnequally to succeede, are against naturall equitieIn d. l. inter filios.. Generally, not onely the interpreters, but the au­thors also of the ciuill law, doe so fauour equalitie among brethren, that for this cause they extend or restraine the disposition of a testatorI. Cum Pater. § cuictis D. de l [...]g. 2. l. vlt. C. com. vtr. [...]. & ibidem Dd.; insomuch as sometimes that is intended to be comprised in a le­gacie which otherwise should notL. Quaesuu. §. sed & ipse. D. de fund. instr.: and a doubtfull word shall also receiue a forced constructionFranc. [...]. in l. filiabus. D. leg. 1. Bald. Angel. Sali. in l. in testamento. C. de test. mili.. Fur­ther, the priuileges that are graunted to those testa­ments which parents make among their children, doe then take place, when the testator doth equally dispose among them.Ro. con. 179. Phil. Dec. in l. 1 in 2. no. C. vn­de lib. & cons. 349. & 361.. And when many testaments are extant of such nature, that is adiudged of force which doth equally disposePau. ca. in Auth hoc in­ter. C. de te [...]a. Pau. Paris. cons. 24 lib. 2.. And in conflict and opposition of opinions that is to be followed, which maintaineth equalitie among brethrenSoct. in rep. l. cum. mus. D. de cond. & [...]. & co [...]s. 1 [...]8. libr. 3. Marcia pater ipsius. con. 4. ia si.. In a word, brothers doe so neerely affect equalitie, that there­upon was formed an ancient Greek prouerbe; [...] whereby is signified that brothers will goe so neere in departing the goods of their auncester, that they will not leaue a few figges vndeuided. Of this prouerbe Martiall writeth.

Calliodorus habet censum, quis nescit? equestrem,
Sexte, sed & fratrem Calliodorus habet;
Quadraginta secat, qui di [...]it [...]
Vno credis equo posse sedere duos?

So that it is little maruaile which other authors doe report,Epi [...]r. lib. [...]. a [...] Calliodorum.. that Charicles and Antiochus two bro­thers [Page 22] in Pontus, when they deuided their fathers goods, caused a siluer cup to be cut in the middest, because neither should haue any more than the other.In Pyrrho. From hence also was taken that tragicall ex­clamation which Plutarch vseth but borrowed out of Euripides. In Phvniss.


And yet howsoeuer capacitie of offices or prefer­ments should be equall to both people,To deuide this house with a sharpe iron. a modera­tion must be vsed for a time, that either nation bee gouerned by officers of the same: otherwise the ad­uantages and aduancements of the one, would worke both grieuance and preiudice to the other. For first, no people will easily disgest, that more should bee attributed within their state to others, either in trust or in authoritie than vnto them: se­condly, they are not the most fit, either to counsaile or contriue the affaires of a state, who are but newly acquainted with the gouernment thereof; euen as Cicero said Ad consilium de rep. dandum caput esse, nosse rempublicam: [...]. De orat. To giue aduise in affaires of a common­wealth, it is a principall point, to haue knowledg of the same. Officers and employments of state are in the hands of the King as graines, to make the ballances equall; and must not promiscuously be bestowed, vntill by benefit of time, the band of Vnion bee made fast and indissoluble. For as things in nature excellent ripe not hastily, so common-wealths least of all; which rise not to the period of their per­fection in many ages, mouing leasurely, and by in­sensible degrees: and the more slowly they doe rise, the more surely for the most part do they stand. In a small compasse of time, how little distastefull it [Page 23] will be, that the men of one nation should beare office and authoritie in the other, wee haue a faire example by them of Wales; who, so farre from en­uie, as without any note; doe many times enioy very high places of preferment in England. And I make little doubt but that this respect hath dazled the iudgment of some persons, by whom whatso­euer is pretended, either against the whole Vnion, or against any part of the perfection thereof, the sur­mise is (as men entred into suspition are prone, both to interpret and coniecture all things to the worst) that all the sweete of the land will hereby be drawne from the auncient inhabitants of the same. Hereof all laboring in one common doubt, and one in­creasing the feare of another, they minister occasion of bouldnesse vnto such, who suppose, by aduance­ing popular aduise, to raise some reputation to them­selues. But it cannot bee coniectured that a King, ripe in age, full of experience, holding much of him­selfe, yet not reiecting the aduise of others, will giue so confused forme to these affaires; and that he will kindle such a fire of emulation, betweene both peo­ple, as cannot but cast forth daungerous sparkes.

CHAP. VIII. Of conformitie or similitude.

ANother principall meanes of affection and good will is similitude or likenesse; which is the fittest reconciler and surest knitter of minds, the mother of all faithfull familia­ritie and friendship; and the more true and perfect [Page 24] the similitude is, the more firme is the friendship which thereupon doth arise. To this purpose Siraci­des saith:Ca. 13. 16, 17. Euery beast loueth his like, and euery man loueth his like. All flesh will resort to their like; and euery man will accompanie such as are like himselfe: Which seemeth to be more briefly comprised in that speech of Melanthus in Homer. Odiss. lib. 17.


Of which sentence Plato maketh mention;Alwaies God guideth like vnto like. and ad­deth thereto,In [...] & in [...] & de [...] li 6. Deleg. lib. 8. that euery thing doth necessarily loue, and naturally both incline and adhere to that where­to it is like. Againe he affirmeth, that a friend is one like vnto a mans selfe; and that therefore dissimili­tude maketh friendship hard, rough and easie to be changed.Ethic. lib. 8. Wherein he is also followed by Arist [...]tle, who accounteth friendship a kinde of similitude; from whence the common saying did proceede; [...]: Like vnto like: to which purpose he citeth also a saying of Empedocles; [...]; Like desireth the like. And generally he concludeth thus: Likenesse seemeth to be the ground of friendship. [...].

Alcinous, one of Platoes followers saith, that friend­ship is nothing else but a mutuall goodwill, where­by we equall others to our selues;Iab. de duct. Plat. ca. 32. which equalitie is neither begun nor held but by similitude. Chalci­dius, another of the same schoole deliuereth as an opinion of Pythagoras, In comment. in [...] P [...]at. ad Osum. that nothing is comprehen­ded but by the like; and to that purpose he alleageth certaine verses of Empedocles.

Cicero, In 1. Cicero D. de P [...]n. se pro. Aul. Cl [...]ento. in that oration which Triphonius, one of the authors of the ciuill law doth cite, vseth these words; Hoc fere scitis omnes, qu intā vim habeat ad con­iungendas amicitias studiorū ac naturae similitudo; This [Page 25] all of you do know, of what fo [...]ce is similitude of studies and of nature, to ioyne friendship. Againe he writeth:De amic. [...]. No­thing doth so allure and draw to anything, as similitude doth to friendship. Hereto agreeth also that of Plinie: Iah. 4. Epist. ad Fandanum. E [...]t ad connec­tend [...]s animos vel t [...]atissi­nium vincu­lum similitudo. Similitude is a most firme band, to knit and fasten minds together. Iab. 7. rei rust. Columella accounteth this band to be natu­rall: So doth Symmachus Sym. in Epist.: And Plinie, an excellent interpreter of nature, doth teach,Lib. 56. ca. 42. that insensible creatures which haue no similitude by nature, as stone and wood, iron and clay, are neuer firmely ioyned together. All this is confirmed by expresse sentence of the Canon lawC. Nerui. §. quod melius. 13 di. c. transmis­sam. de elect.. This the auncient wise­men did also shadow, by the fable of an earthen pot, which refused to ioyne in helpe with a brasse pot in laboring against the streame: and again by the fable of a fuller, who denied that he could dwell in one house with a Colier. This did the poets also signifie, when they fained Narcissus to be in loue with his image. For what is more like vnto vs then our owne image? and whosoeuer loueth another man, what else doth he loue but his owne image in him?

From hence it proceedeth,I. cum qui. C. de Ep. & Cle. c. inter solicitudi­nes. de pur. ca. c. clericus di. 81. c. peruenit. 2. q. 7. c. di dici. 1. q. 7. that a man is iudged like vnto those, with whom he holdeth familiaritie and friendship. And Angelus saith,Ang. in auth. de mona. §. co­gitandum. that a witnesse deposeth well, when he testifieth that a man is good or euill, because he seeth him conuerse with men of good or euill fame and report. Which is also confir­med by Baldus Bald. in l. dat. C. qui acca. [...]po. and by the Glossographer Glo. in [...]cum oportet. de acc. & in c. defini­mus 18. q. 2., and gene­rally by all interpreters both of the Canon and Ci­uill law. To whose sentence we may adde that which Cice hath most elegantly written:De offic li. 2. Facillim: au­t [...]m & in meli­orem partem cognoscuntur adolescentes. &c. Yong men are most easily knowne, and for the better part, who ioyne them­selues to men famous, and wise, and of good aduise for the [Page 26] common wealth: with whom if they be often conuersant, they raise an opinion among the people, that they will be like vnto those whom they chose to imitate. Suetonius re­porteth of Claudius Caesar, In Claud. that by conuersing with base men, to his old note of negligence and sloath, he added the infamie of drunkennes and dicing. Plinie speaking of a certaine yong man saith: He li­ueth with Spurma, Epist. lib. 4. ad Falconem. Viuit cum Spurma, vi­uit, &c. he liueth with Antonie, hereby you may coniecture how his youth is reformed, seeing he is so loued of graue old men. For that is a most true saying: [...]: Euery man is like vnto those, Ad Cleoma­cham, & ad Nesum. in whose companie he doth delight. Libanius Anti­ochenus in like manner writeth: Wee are commonly esteemed like vnto those who are ioyned with vs in friend­ship and societie. Ad Demetria­dem. Here hence. S. Hierome aduiseth De­metriades, to haue alwaies graue women in her com­panie: because the qualitie and disposition of wo­men is commonly iudged, by the behauior of those that doe either accompanie or attend them. And therfore Baldus doth not vnfitly put Iudges in mind that they enquire with what persons he did vsually conuerse,In tract. quae­stio. who is accused of any crime. Which be­fore him Albert. Tract. de ma­ses. tit de praes. & ind. d [...]bit. & tit. de qu. & tor. Gand. did thinke worthie to be often giuen in aduise.

So then, seeing likenesse is a great cause of liking and of loue, it followeth, that to make a perfect Vni­on and amitie betweene two diuers nations, all dif­ferences must be remooued, and both people redu­ced to one common conformitie; and that especial­ly in three things. First, in habit and behauiour; se­condly in language; thirdly in name.

CHAP. IX. Of conformitie in habite and behauiour.

COncerning habite and attire,Lib. 4. [...] Herodian wri­teth, that Antoninus, to make the Germanes assured vnto him, would often apparell himselfe after their fashion: wearing a cassocke ac­cording to their vse embroidered with siluer, and putting vpon his head a peruque of yealow haire, cut after the Germane manner: wherein the Barbarians taking pleasure, they did thereupon exceedingly af­fect him. For the same cause when hee went into Thracia and Macedonia, he suted himselfe in Mace­donian attire.Herod. lib. 4. And this hee did (very like) in imita­tion of Alexander the Great, who, as well to van­quish the affections of the Persians,Q. Curt. lib. 3. as hee had sub­dued their power, accommodated himselfe to the fashion of their attire. For Antoninus did ambitiously aspire to the imitation of Alexander: to whose ver­tues hee either supposed himselfe, or would bee thought, to haue attained so neere, that he caused diuers ridiculous pictures to bee made, [...]. hauing one bodie and two faces; one representing Alexander, and the other himselfe.

In ancient times in Rome, and afterward in Con­stantinople, certaine games of running were vsed, with Chariot and vpon horse; which continuing vntill the time of Phocas the Emperour, the runners began to cloathe themselues in different colours; some in greene, and some in gray. The common people which beheld these games began to be diui­ded [Page 28] in affection, some applauding the one colour, and some the other: hereupon was kindled, first emu­l [...]tion, and then [...]n [...]ie, watch did use by degrees to such violence and extremitie. that the games ceasing, the colours were for a long time maintained; and infinite murthers were thereupon committed in Sy­ria, Egypt, Graecia, and diuers other prouinces, which the Emperours by their letters were not able to re­presse. Hereupon so many lawes haue been occasio­ned against liueries and badges, the mischiefs where­of were most famous with vs, in the late badges of the white Rose and the red. And for this cause I doe not onely allow but commend the policie of King William of Normandie, by whom (as most industrious Master Stow hath noted) the English were compel­led to imitate the Normanes, in habite of apparell, shauing of their beards, seruice at the table, and all other outward gestures; as supposing by outward similitude to drawe both people to similitude in mindes.D. [...]. 41. §. si. Gratian aduiseth, to conforme our selues in the fashion of attire, with those with whom wee doe conuerse: affirming that whosoeuer doth otherwise, either hee is intemperate, or else superstitious. The Glossographer [...] also aduertiseth, that for the manner of our apparell, we respect the custome of the countrey wherein we do abide. And in this he is seconded by Panormitane, Benedict, Caprea [...], Speculator [...] and Baldus [...]: by S. Thomas also [...], and Astensanus [...]: and lastly by S. Hierome [...], who commendeth Nepotianus for obser­uing this rule.

As for conformitie in behauiour and manner of life, Iosephus writeth [...]., that it is the chiefest meanes to cause concord and agreement in a citie. Herodian [Page 29] declareth, that when Antoninus desired the daughter of Artabanus, Hero. li. 4. King of Parthia in mariage, and there­with an association to bee made betweene the two Empires; [...]. Artabanus returned answere, that there could bee no true concord betweene them, as nei­ther agreeing in language and differing both in ap­parell, and in their manners and customes of life. Our late trauailers doe report, that the inhabitants of the Iland Iapan hold immortall and mercilesse va­riance with the people of China: I0. Hui [...]h [...]n Van [...]. lib. 1. ca. 26 and the rather to manifest the same, they differ from them in all the ceremonies of their behauiour. As namely, where the men of China vse the courtesie of salutation by vncouering the head, they of Iapan doe the like by putting off their shooes: where the men of China stand vp in giuing entertainment, they of Iapan sit themselues downe. And vpon the same desire of difference, they vse all meanes to haue their teeth and haire blacke; they sit in house with cloakes vp­on their shoulders, and lay them aside when they go abroad; their daughters and maid-seruants goe be­fore their women, and their men-seruants come be­hinde. By which and diuers other contrarieties in behauiour, the opposition of their mindes is migh­tely maintained.De doctrina Christ. lib. 3. For this cause S. Augustine aduiseth vs, that in transitorie matters wee separate not from the custome of those, with whom wee liue. And a­gaine, by the authoritie of S. Ambrose, he concludeth it to be conuenient, that into what place soeuer wee come, we applie our selues to the fashions thereof; if we will not be offensiue to any man,Si cuiquam ne [...] [...] esse scanda­l [...]m [...] quam tibl. nor haue any man offensiue vnto vs.

CHAP. X. Of conformitie in language.

COnformitie of language and of speech, was very generall vnder the Empire of Rome: which, whether it were enforced by the Romanes, vpon the prouinces which they did subdue, or whether the people did voluntarily fall into it,19. De ciuit. many make a question. S. Augustine accoun­teth it the fact of the imperious Citie; which word imperious, whether hee vsed in the best sense, for bea­ring rule, or in the worst, for sharpe and seuere, it is not materiall: for many things are seuere, which are not vniust, which are not vnprofitable. Assuredly, this change of speech is no waies contrarie to natu­rall equitie; because one language doth no more proceede from nature than another. It may seeme hard (I grant) to impose a change of language vpon any people; but it seemeth more hard, to be ioyned with men of a strange tongue: such as are vnto vs the Spaniards and French. This doth God threaten as a plague to those that obey not his commande­ments: The Lord shall bring a nation vpon thee, Deut. 28. 49. whose tongue thou shalt not vnderstand. And againe, by the Prophet Ieremie hee menaced the Iewes,ler. 5. 15. that hee would bring a nation vpon them, whose language they knew not, neither vnderstood what they did say. Likewise he threatneth by the Prophet Esay, Esa. 28. 11. that with a stam­m [...]ring tongue, and in a strange language he will speake vnto his people. And to the contrarie, it is re­puted by the Prophet Dauid, Ps [...]l [...]. 114. as a great blessing and [Page 31] benefit of God, that the Iewes were brought from a­mong a people of a strange language. And howsoe­uer S. Augustine termeth Rome Imperious, for chan­ging of languages,Ianguarum di­uersitas [...]omi­nem alienat ab homine. yet otherwhere he saith; Diuersi­tie of tongues maketh one man a stranger to another. For, as Philo Phi. de sp. le. witnesseth, societie of men is maintained by speech, as being the interpreter or rather expresser of the minde: to which purpose he hath wrote ma­ny things, in his book which is intituled of the con­fusion of tongues. To these I will adioyne the oracle of Philosophie, Plato, who doth truly determine those to be Barbarians, who in the manner both of their language and life hold no communitie or re­semblance together.

But all these differences doe little concerne the case in question. They are rather considerable in re­gard of the Irish, touching whom, the report is both constant and of credit, that being Henry the eighth if not endeauoured, yet purposed to reduce them, to one forme both of habit and language with the En­glish: But if we compare together the English and the Scots, in regard of habit (as Sosia said in Plautus) non lac lacti magis est simile; milke is not liker to milke than one of them is to the other. In amphit. Concerning behauior and manner of life, we may truly say of both peo­ple as Aristotle said of the Persians;Pic. 10. & Ph. 31. We cannot pos­sibly change their hearts, except we also change their hea­uen. Fo [...] they are both of one climate, not onely an­nexed entirely together, but separated from all the world besides, which ioyned with daily societie and commerce, will necessarily maintaine conformitie in conditions. And as for language, euen in Zetland, and in the most distant ilands inhabited by Scots, [Page 32] English preachers are well vnderstoode of the com­mon people: so that it seemeth, that if the two nati­ons were reduced vnder one common name, there should remaine betweene them very little generall, either note of difference, or prouocation of dislike.

CHAP. XI. Of conformitie in name.

FOr, that the bearing of one name doth both cause and increase affection and fauour, it may appeare by a case which Papinian doth forme;In Leum silius. § pater. D. de l. g. 2. wherein a certaine testator deuiseth the grea­test portion of his estate to Sempronius his nephew, for the honor of his name: because (as Accursius there noteth) Sempronius did beare the testators name. Laertius in like sort writeth, that Lycon Astianax, a cerraine philosopher, in his testament among other things disposed thus. Whatsoeuer I haue in the citie or in Aegina, I doe principally giue to Lycon my brother; because he beareth my name.

When Iunius Brutus had expelled the gouern­ment of Kings out of Rome, being stirred thereto, as well vpon hatred as desire to be chiefe, two respects which lead men easily into desperat aduentures, Liuie writeth,Lib. 1. that hee banished Tarquinus Collati­nus, who had been husband to Lucrece, and was his fellow Consull, as one that had been very forward in aduancing the enterprise: and this hee did for no other cause, but for that he bare the same name with Tarquinus Superbus the expelled King.

Vpon variances which began betweene Frede­rick [Page 33] the second Emperor, and Pope Gregorie the ninth, all Italy except Venice, was deuided into the two factions of Guelphes and Gebelines. Afterward when the contentions ceased betweene the Empe­rors and the Popes, these factions continued, or ra­ther encreased, without any other foundation, either of suspition or of hate, (most mightie passions to driue on disordered thoughts) but onely for diuer­sitie of name. Hereupon many insolences, many murthers and parricides were daily committed. Neither was the crueltie discharged vpon the per­sons of men onely, but houses were ruined, townes were ransacked, fields were wasted, all extremities were pursued with a greater heate of hate, than if it had been against infidels or traytors. And to so high a pitch did this enmitie rise, that they could not en­dure any conformitie; not in ensignes, not in co­lours, not in fashion of their apparell; in disports, in feasts, in the manner of their going, riding, speaking, feeding, and generally in all things they affected a difference.

The like cruelties haue been exercised betweene diuers families of Italy, France, England, Scotland, and many other Christian countries: the beginning whereof hath commonly risen vpon some priuate either interest or reuenge; but growing into faction, they haue been prosecuted and continued either onely or principally vpon difference in name. Here­upon Dio writeth, that Maecenas counsailed Au­gustus, [...]. Dio. lib. 52. Hail. lib. 2. that it was the fairest meanes to cut off emu­lation and hate, not to permit vaine names, or any other thing that might hold men in difference. And so D. Haillan noteth that to make a perfect recon­cilement [Page 34] betweene the Dukes of Burgundie and Orleans, in the time of Lewes the cleuenth, the facti­ous names of Burguignion and Orleannois were taken away. So likewise the Adorni and Fregosi, two families in Genoa, after they had wearied and al­most wasted themselues with mutuall cruelties, left their old names, as the onely meanes both to draw on and holde their reconcilement. And this did S. Paul in good time foresee, when he blamed the Co­rinthians for diuiding in name; some holding of Paul, some of Apollos, and some of Cephas.

Seeing then that the bearing of one name is a meane to knit men in affection and friendship; see­ing also that difference in name doth often main­teine men in diuision of mind; what shall we say of them, who more contemning the benefit of Vnion, than examining the parts and circumstances there­of, doe openly obiect, that they see neither vrgent necessitie, nor euident vtilitie in comprehending the English and the Scots vnder one common name? that they finde no griefe in their present state, and can foresee no aduancement to a better condition by this change? Shall we say that their iudgment is captiuated by affection? I cannot, I dare not, I will not hold that opinion of them. I rather feare that some euill destinie driueth them on. For it is an or­dinarie thing, that when any hard aduenture ap­procheth, it blindeth the eyes of men that they can­not discerne, it bindeth their hands that they cannot helpe, making them oftentimes both contriuers and executioners of their owne mishap. Assuredly, in regard of amitie there is manifest profit in commu­nitie of name; in regard of perfect Vnion it seemeth [Page 35] necessarie.§. Si. quis in nomine Inst. de l [...]gat. For seeing (as Iustinian saith) names doe serue to discerne and distinguish one thing from another; it is a rule commonly receiued, that one thing should not principally beare two diuers names.Re [...] eadem non d [...]t diuerso romine con­s [...]l. Hereupon Baldus concludeth, that vpon di­uersitie of names we are to presume diuersitie of bo­dies: For euery thing is to be distinguished by the proper name. Res enim sin­gulae singulis sunt nomini­bus distinguen­dae. §. Alio. inst. qu [...]b mod. test. in firm.

So then the bodily Vnion (as it seemeth) is not perfect, where there is a seuerance and distinction in name: much lesse can two people be perfectly knit in affection and will, so long as they stand de­uided in those names, whereby one of them hath lately been very odious to the other. So long as they stand deuided in those names of hostilitie and hate, not hauing any common name to comprise them both, euery small accident (as it often happeneth) may be an occasion to sort them into sides: and the combining of them otherwise vnder one domini­on, may proue to be like an vnperfect cure, whose fore may afterward more dangerously breake forth.

CHAP. XII. What common name is most fit to comprehend the English and the Scots: and whether the like change of name hath been vsuall or no.

BVt no common name can be so fit to com­prise as well the people as the countries of England and Scotland, as is the name of Bri­taine. First, for that it hath been heretofore the aun­cient common name of all the inhabitants within [Page 36] this Ile:L. si. vnus. §. pa­ctus. D. de pact. & ib. Bar. and a thing may easily bee reduced to the first condition and state.

Secondly, for that since this part of the Iland was called England, by appointment of King Egbert, yet was not the name of Britaine altogether cast off; but was often applied, as well to the kingdome as to the inhabitants, and by them willingly acknowledged, and sometimes assumed. King Alfred was intituled, Gouernor of the Christians of all Britaine. King Eldred did write himselfe Magnae Britanniae temporale gerens Imperium. King Edgar was stiled Monarch of all Britaine. King Henry the second was intituled King of all Britaine, Duke of Gaescoine, Guienne and Normandie. King Iohn had his coyne stamped with this inscription: Iohannes Rex Britonum; Iohn King of Britaines. And generally in all ages, but chiefly since learning began last to lift vp the head, the best wri­ters of all nations haue termed the inhabitants of this realme, as well Britaines as English.

Thirdly, for that howsoeuer the parts of this Iland haue changed name, one part being called England, another Scotland, and the third Wales; yet the whole Iland, from before the inuasion of the Romanes vntill this present time, hath alwaies held the name of Britaine, In L. Alc [...]an­d [...] n. 2. C. de decu. & cor. fil. Assamptio spe­cialis nomi [...]s non extinguit nomen gene­rale. according to that which Bar­tolus teacheth; By assuming a speciall name, the generall name is not extinguished. So that it seemeth reasona­ble, that as by seuerance of the soueraigntie of the whole Iland, the kingdomes thereof grew into dif­ference of name; so the same kingdomes being now drawne into one, it now beare the name of the whole Iland againe. And that especially for two re­spects. The first is a ground of the ciuill law: Nomi­na [Page 37] debent esse consequentia rebus; §. Est & aliud inst. de dona. L. decernimus. C. de ep. & cl [...]. L. 1. C de effic. paef vrb. L. de­fenso [...]is. C. de­fens. ciuit. Names must follow the nature of things. The second is a custome commonly receiued whereof Bartolus maketh mention:Bar. in L. falsi. §. 1. D. de [...]al [...]. Quan­do quis mutat statum, semper mutatio nominis fit; Change of state is alwaies accompanied with change of name.

And chiefly in this change of state, when diuers kingdomes are contracted into one, the change of name doth vsually ensue: and that without distincti­on, whether the Vnion hath growne by conquest, or by mariage, or by blood, or else by mutuall con­federation and consent. De consu. ad Alb. 6. Hereupon Seneca saith: Assiduus humani generis discursus est, quotidie aliquid in tam magno orbe mutatur noua vrbium fundamenta iaci­untur; noua gentium nomina, extinctis nominibus priori­bus, aut in accessionem validioris conuersis oriuntur: Mankind is in continuall motion, euery day something is changed in this great world; new foundations of cities are laid, new names of nations are raised, the first names be­ing extinguished, or else made an addition to a greater.

So Tacitus writeth,De mor. Germ. 1 that diuers people beyond the Rhene, ioyning together vpon occasion of enter­prise, left their auncient names, and were called Ger­manes, being a new name of their owne inuention. Nomine à s [...]ip­sis inuento. The same people are now also called Almans; not vpon any conquest, but either because of their courage and strength, or else (which I esteeme more proba­ble) because they were a confluence of all sorts of people.

Those Germanes who bordered vpon the Ocean betweene the mouthes of the riuers Elbe and Rhene, where the Chauci, and the Cananifates were placed by Tacitus, ioyning together in armes to recouer their libertie against the Romanes,Belli Goth. li. 1. Precopius wri­teth, [Page 38] that vpon euent of diuers victories they chang­ed name, and called themselues Franci, which in the Germane language signifieth free men. Whereto agreeth that which Tacitus saith, in describing their first victorie against the Romanes: [...] Magna per Italias Galli­ [...] fama, [...] lib [...] [...] celebrantur. They are honored with great fame through Germanie and Gallia for authors of libertie. These French in course and compasse of time seated themselues in Gallia, and gaue name to the kingdome of that place. But after the death of Clodoueus the first, this kingdome of France was de­uided among his foure sonnes; whereupon new titles were erected: Childebert being King of Paris, Clodomir of Orleans, Clotair of Soissons, and Theodoric a bastard being King of Metz. After the death of Clotharius, the like deuision was made among his sons, none of them being entituled King of France. Both these diuisions were vnited againe by right of blood; whereupon these particular titles did cease, and were changed into the auncient and generall name of France.

In Italy, Aeneas hauing attained a state by mari­age, and collecting diuers people into one;Lib. 1. Omnes eodem nomine & [...]o­dem iure Lati­nes vocauit. Liuie saith; He ioyned them in one law, and called them by one name, Latines. Afterward, when the Romanes and the Sabines did knit together into one people, it was vnder one common name, Quirites.

The countrie of Spaine by meanes of diuers con­quests, of the Gothes, Vandals, and Moores, was de­vided into many seuerall kingdomes, not one of them bearing the name of Spaine. These being vni­ted againe, part by conquest, and part by inheri­tance, Charles the fifth comprehended them all vn­der the auncient and generall name of Spaine.

[Page 39] I omit the Agarens, who changed their name and would be called Saracens, as bearing themselues de­scended from Sara the free-woman, and not from the bond-woman Hagar. I omit the Heluetians, who now by confederation are called Suitzers, which name was occasioned by the little village Suitz; for that the inhabitants thereof were the first attempters of popular libertie. I omit many other both volun­tarie and casuall changes of name, and will con­clude this matter with one example of our owne nation.

When Egbert King of the West-Saxons had brought the Heptarchie of the Saxons vnder one scepter, he changed not the names of the subdued kingdomes onely, he respected not that he was pos­sessed of the kingdomes of West-Saxons and of Sus­sex by right of blood; whereof the first had conti­nued in the progenic of Cerdicius (from whom he was descended) about 300. yeares, the other had been annexed thereto almost 200 yeares before: but changed the names as well of them as of the rest into one common name of England. So that if we free our minds from rashnesse and dulnesse, the two plagues of iudging right; if wee esteeme these and the like proceedings by their naked nature and not by apparances onely and shifts, we shall cleerely dis­cerne, that it is so farre from wanting example, that there is scarce any example to the contrarie, that diuers people haue perfectly and for long continu­ance combined together, whether by conquest, con­federation, or right of blood, but it hath been vnder one common name. But howsoeuer the tried truth doth stand, it cannot be made so plainely to appeare, [Page 40] but an itching tongue may rub against it. To men fearefull or suspicious all fancies and coniectures seeme matters of truth; and words doe easily slide into minds that are enclined to beleeue.

CHAP. XIII. Of certaine obiections concerning matters of state inward, or matters of law.

BVt, because wee haue eares as well as tongues, and the lightest reasons will seeme to weigh greatly, if nothing bee put in the ballance against them, let vs consider what other obiections are made against this Vnion of name, and whether they be worthie either of yeelding or of answering. It is said, that this alte­ration of name will ineuitably and infallibly draw on an erection of a new kingdome or state, and a dis­solution and extinguishment of the old; and that no explanation limitation or reseruation can cleere or auoyde that inconueniencie, but it will be full of repugnancie or ambiguitie, and subiect to much va­rietie and danger of construction. That diuers spe­ciall and seuerall confusions incongruities and mis­chiefes will necessarily and incidently follow in the present time. As in sommoning of Parliaments and recitall of the acts of Parliament. In the seales of the kingdome. In the great offices of the kingdome. In the lawes, customes, liberties, and priuileges of the kingdome. In the residence and holding of such courtes as follow the Kings person, which by the generalitie of name may be held in Scotland. In the [Page 41] seuerall and reciproque oathes, the one of his Maie­stie at his coronation, which is neuer iterated; the o­ther in the oathes of alleageance homage or obedi­ence, made and renued from time to time by the subiects. All which acts instruments and formes of gouernment, with a multitude of other formes of re­cords, writs, pleadings, and instruments of a meaner nature runne now in the name of England, and vpon the change would bee drawne into incertaintie and question.

In truth this is much, if there bee much truth in it. But, for my part, I wil not take vpon me, either to de­termine or dispute what the law of the realme is, cō ­cerning either this generall point of erection of a new state by alteration of name, or the particular in­conueniences which for the present will ensue; re­ferring my selfe herein to the learned Iudges and professors of the same. Yet, vnder the fauour and leaue of their iudgements, I will propound only two or three doubts, which will serue much to the clee­ring of this question; protesting therewith, that I beare herein rather a desire to be satisfied, than a pur­pose to contend.

The first is, how wee may bee assured, that by the common lawes of England the change of name doth infallibly inferre, an erection of a new kingdom, and a dissolution of the old. For, the Common law is commonly taken for the common custome of the realme: and therefore in making proofe thereof we vsually heare alleaged, either Iudgements and presi­dents in cases of the same nature, or else arguments drawne from cases somewhat like. But this case in question hath not hitherto been thus determined [Page 42] by the common lawes of England; because the name of a kingdome hath not bin changed since our com­mon lawes were therein planted. Or if it were chan­ged by King Henry the second, and by King Iohn, who stiled themselues Kings of Britaine, then was it without dissolution of the state. As for arguments à similibus, I doe not see of what force they can be in case of the Crowne; because by the lawes of this realme, the Crowne is not touched, much lesse ruled and ordred either by generall termes or by implica­tion; neither doth any act concerne the same, if ex­presse mention be not thereof made. Againe, if the change of name doth infallibly inferre the erection of a new kingdome, it seemeth that the King hath power by vertue of his Proclamation to dissolue the whole state and erect a new. Lastly, the little altera­tion which ensued the change of the Kings title in Ireland, maketh this point more questionable and suspect.

The second doubt is concerning one of the prin­cipall inconueniences which are alleaged, namely an euasion from the reciproque oathes betweene the King and the people. For, seeing oathes doe altoge­ther concerne the soule and conscience, and therfore are vnderstood and ruled onely by the lawes of reli­gion; I doe not see how they should receiue con­struction from any nice point of positiue law.

The third is, how all these inconueniences should be, either so certaine, or of such nature and qualitie, that no prouision can cleere or auoide them. What? shall we suspect either the weaknesse of lawes, or the weake wisedome of the state? Shall we suspect either the wisedome of the state in making of lawes, or the [Page 43] iustice thereof in maintaining them? Are lawes now of force to hold these matters in forme, and shal they not hereafter be able to doe the like? Are there any such inward difficulties which lawes and policies cannot combat and ouercome? For my part I think (and thinke that I thinke true) that the wisedome of the state is farre aboue these or any other inward in­commodities: especially in a Monarchie, where ci­uill matters are easily redressed, by reason of the su­preme authoritie of the Prince. Neither must wee looke to enioy any notable benefit without some difficulty and inconuenience. When did the cloudes make flourishing fields, without trouble of moisture? when did the Sunne yeeld plentifull haruest, with­out annoyance of heate? Such is the weaknesse of man, that it cannot beare either good or euill sim­ply, without temperature or allay.

And yet (me thinke) although all other meanes to cleere these inconueniences should bee perplexed and hard, it should bee not difficult and direct to a­uoide the same, by changing the Common law in that point onely; and by new decree to establish, that the change of name in the King should not draw on an erection of a new kingdome, and a dissolution of the old; and that whatsoeuer hath been done or spoken by the one name, should be receiued by the other. And this I doe the rather hold not to bee vn­reasonable, for that then the Common law should herein agree with the Canon and Ciuill lawes; the substance of which lawes (although they be often abased by abuse) is the common practise of all the world.

Concerning the Canon law Panormitane witnes­seth: [Page 44] [...] The Canons attribute no force vnto names. Pan. tit. de [...] qui al. nom. Id. in. li. intern. in si The Ciuill law is herein more plentifull and plaine: for although it be true which Bartolus saith; [...] Change of name doth vsually follow change of state; yet it holdeth not in conuersion, that change of name doth like­wise draw with it change of state, but it is plainly de­cided to the contrary; [...] Although the name be changed, yet doth the condition thereby receiue no change. And this did Dioclesian & Maximinian [...] nom. Nallo ex hoc preiud cio fu­tura. by their imperiall con­stitution decree, or rather they declared it to haue been often decreed before, that as names were free­ly imposed at the first, so the change of them is not dangerous, if it be done without deceit. And there­fore they that are free may lawfully change name, as it hath been often ordained, without any preiudice thereby to them­selues. The reason hereof is plaine: first in nature; be­cause by change of accidents the substance doth not changeMutatio in non substantia­libus, non d [...] ­tur nouum con­stitucre. Decia. 5. pr. 4.: secondly in law, because names are impo­sed at pleasure and doe serue for signification of things only§. Si quis in nomine. [...]. de leg. [...] D. si. cer. pet. l. 6. D. de reb. [...]., which, so as they may be vnderstood, it is little materiall what either name or meanes bee therein vsed. It sufficeth onely that they bee knowne, whether by one name, or by another, or by any description or demonstration, which are equi­ualent to a name. And sometimes it happeneth (as Cicero saith [...]. b. 1. [...]. & epist. lib. 9. ad [...] Patum.) that things are better vnderstood by o­ther names, than by their owne. Hereupon the in­terpreters of the Ciuill law do agreeGlo. [...]. & [...] D. fol. [...] n [...]min [...]us, pert [...]bus relin suitur., that so long as there is no question of the bodie, we are not to haue regard to the name; and that disputation about names, is to bee left vnto them who are obstinately contentious.

And this either declaration or chaunge of this [Page 45] point of Common law, would not bee much vnlike to that which was done in the beginning of Queene Maries reigne. For, because in many ages before the inuasion of the Normans, the souereigntie of state had not been borne by a woman, some curious con­ceites, hauing learned doubts out of leasure, brought into question, whether the lawes which had passed before vnder the name of King, should then bee of force vnder the name of Queene. Whereupon a de­claration was made;2. Mar. 2. Par. 1. that whatsoeuer statute or law doth appoint, that the King of this realme shall or may haue, exe­cute and doe, as King, or doth giue any commoditie to the King, or doth appoint any punishment of offenders, against the dignitie of the King, the same, the Queene, being su­preme gouernesse, may by the same authoritie likewise haue, exercise, execute, correct and doe, to all intents.

By this meanes also another doubt may be suffi­ciently secured, and that is, a possibilitie of alienation of the Crowne of England to the line of Scotland in case his Maiesties line should determine: for that, be­ing a new erected kingdom it must goe in the nature of a purchase to y next heire of his Maiesties fathers side. Which, besides that it is against the naturall or­der of succession, which is obserued by all nations, in questions for discent of Crownes; besides that it is contrary to the Ciuill lawes, whereby the law of na­tions is chiefly declared; besides that the peculiar law of England in this point, if it be cleere frō question, is neither hard nor incōuenient to be changed, seemeth also so vnlike to come to passe, that it appeareth a vaine thing to busie our thoughts with feare of it. But to men setled in suspition, doubts doe daily mul­tiplie; and nothing is considered and cast, nothing [Page 46] nourished with more sweete delight than difficulties and dangers. All those inconueniences are set in view, which ielousie or feare can any waies stirre vp, which suffereth not them to see, much lesse to ex­pect or hope for those benefits, whereof in reason they might stand assured. In their mindes lie van­quished that forwardnesse and force which men in counsaile should especially expresse; and whatsoe­uer their trauailing thoughts doe suspect, the same doe they most certainly expect.

CHAP. XIIII. Of other obiections concerning matter of state forreine, or matter of entercourse.

THe obiections which concerne matter of contract or commerce with other Prin­ces and Common-wealths, are more ea­sie to be answered; because they are not ruled by the peculiar law of any countrey, but by the common law of Nations.Bald. 1. cons. 263. 372. 2. 14. 3. 218. 5. 188. 352. Alc. 3. cons. 36. 5. 12. 18. 105. 8. 49. 54. For so doe Baldus and Alciate affirme, that contracts betweene Princes are not stricti iuris, but bonae fidei; that they do altogether reiect scrupulous interpretations, and are not to bee taken, either in rigorous or strict termes, or els in sub­till sense of positiue law, (vnder which colour wee doe often erre) but according to the law of Nations, according to naturall equitie, boni viri arbitrio, accor­ding to a good mans conscience, according to plaine and direct meaning, according to right and vpright iudgement: that they are farre from all fine fetches and streines, much more from malice and plaine de­ceit: [Page 47] that they intend no subtiltie, but simplicitie, which Baldus saith,Bald. L. 5. de iust. is the best interpreter of the law of nations. For the law of nations obserueth onely the simple truth;Bar. C. de his qui in pit. lo. ord su. Ceph. cons. 713. the simple truth onely is followed by good and faithfull meaning:Ceph. cons. 10. and no interpreta­tion in this case is taken for good, which doth not sound well to common mens eares. This same is by diuers others also very largely affirmed.Dec. cons. 4. 147 Hott. cons. 15. Decian. 3. cons. 11. chas. ca. p. 5. 10. 27. Decius, Hot­toman, Decianus and Chassaneus doe write, that all contracts with princes and common-wealthes are bonae fidei. c. Iurisgenti­um. dist. 1. Cic. 1. de offic. & 2. de orat. The Canon law forteth contracts of leagues, of truce and of peace, as pertaining to the law of nations. Cicero saith, that equitie is the obiect of Foecial law; that it pertaineth to lawyers to weigh words and syllables, and not to the professors of mi­litarie simplicitie, which is so many waies fauored by the law.Tac. Agric. Alci. 5. con­sil. 40. [...] Guic. 5. Sleid. 19. It is free and secure (saith Tacitus, and after him Alciate) and farre from the cunning prac­tises of courts of Plea. And therefore Guicciardine and Sleidan doe worthely blame Charles the fifth, and Lewes King of France, because they brought in­terpretations of words, and of contracts, which were more fit for Lawyers, than for a Prince.

So then, by these opinions thus grounded it can­not hold true, that vpon change of name, leagues, treaties, forren freedomes of trade and trafficke, for­ren contracts may bee drawne into question, and made subiect to quarrell and cauillation: which is further expressely denied by Panormitane in these words.In C. tuanos. n. 3 de spons. Contrahens in propria persona, efficaciter obliga­tur, licet mutauerit sibi nomen; & est ratio, quia nomina sunt inuenta significandorum hominum gratia. Sed ex quo constat de corpore non est curandum de nomine. He [Page 48] that contracteth in his proper person is effectually bound, although he shall change his name: the reason is, because names were inuented to signifie men. But where the body is certaine, we must not haue regard to the name. And Vlpian, [...] D. de con­lia [...]. [...]. one of the authors of the Ciuill law in like manner aduoweth: If we disagree about the name, but the body is certaine, there is no doubt but the contract holdeth good.

And therefore if any Prince shall vse pretence of change in name, as a leap from his contract, whe­ther of consederation or commerce, hee exposeth himselfe thereby both to the hatred and reuenge of other Princes, as one that violateth the law of nati­ons. His fact shall be no more either allowed or fol­lowed, than was that of Pericles; [...]ront. 4. ca. 7. who, hauing pas­sed a promise of safetie to his enemies, Si ferrum depo­nerent, slew them for that they had iron buttons vp­on their caslocks. Or that of the Plataeenses; who,Thucid. lib. 2. ha­uing couenanted to restore certaine prisoners, deli­uered them slaine. Or that of Alexander, Diod. 17. Polye. 4. At. 4. [...]lut. Ale [...]. Lon. who, hauing conditioned safe departure to certaine souldiers which had held a citie against him, slew them when they were a little vpon their way. Or that of the Ro­manes; who,V [...]len. Max. 7. ca. [...]. hauing couenanted that they should take halfe the ships of Antioc [...]us, brake all his ships in pieces, and tooke halfe of euery ship. Or that of those Romanes; who, [...] being discharged by Anniball vpon oath to returne, if other captiues should not be deliuered for them, supposed themselues to be free of their saith, for that presently after they were departed out of the camp, they returned againe, as hauing forgotten to take something with them.Stro. [...]. Poly. 6. 7. [...]. Or that of Agnon, Cleomenes, and of the Thracians; who, [Page 49] hauing made a surcease of armes for certaine daies, attempted hostilitie against their enemies in the night.Polye. 6. Or that of the Graecians; who, hauing bound themselues for deliuerie of ships, deliuered them without ruthers, oares or sailes. Or that of the Locri­ans; who, hauing contracted perpetuall peace, so long as they should tread vpon that earth, and beare those heads vpon their shoulders, shaking forth some earth which they had priuily put within their shooes, and casting away those heads of onions, which they had laid vpon their shoulders, they brake sodainly into warre against those who by this abuse had been made secure.Herod. 4. Polye. 7. Or that of Ariandes and the Persians; who, hauing couena [...]ed friendship so long as that earth should stand, by sincking the earth whereupon they stood, which had been of purpose made hollow before, they did beare themselues dis­charged of their oath.Pont. li. de. V. O. Or that of the Perusini in Italy; who, hauing made peace with the Pope so long as they should beare de vite in their bodies, which word in the Italian language signifieth both life, and vine, hauing cast away certaine vine­branches which they did beare secretely in their bo­somes, they surprised the Pope with vnexpected armes.

These and the like subtill and sophisticall sleights haue alwaies been equalled to flat falsehood and vi­olation of faith; they haue alwaies been esteemed beneath the degree of any base rayling or reproch. And whosoeuer doth vse such auoydances and shifts, they are neuer to be held assured in faith; be­cause they will not want one euasion or other, when occasion shall serue for their aduantage. But (as I [Page 50] said before) in contracts of this high nature,Bald. 5. cons. 305. it is both dishonourable and vniust not onely to inferre frau­dulent interpretations, but to inforce contentiōs vp­on any strict poynts of law,3. Cons. 102. which (as Decianus saith) in fauourable contracts are neuer regarded: because by too much subtiltie they doe often ouerthrow the truth of meaning.Dec. 3. con. 84. For, nothing is more contrarie vnto truth, than ouer sharpe subtiltie vpon words.

Of no lesse truth can it be that the Kings prece­dence before other Christian kings (which is gouer­ned by antiquitie of kingdomes and not by great­nesse) may by this change of lawes be endaungered, and place turned last, because it is the newest. For, by the common law of nations (the equitie whereof is held to be most liuely expressed in the Ciuill law) so long as the people doe remaine the same, and loose no point of their libertie and honor, there can be no inward change, whether of name, of seate, of title, or of forme of gouernment, whereby the dig­nitie of their state may be endaungered. Of name I haue sufficiently written before. And concerning change of state, it was the same Empire whose prin­cipall seate was at Rome, and at Constantinople, and at Rauenna, and at Prage. And although it looseth in one part and gaineth on the other; although it be remoued thereby out of the originall seate, yet doth it remaine the same Empire.L. 64. D. de e­uict. Euen as a field remai­neth the same which looseth vpon one part by allu­uion of waters, and winneth vpon the other: or as it remaineth the same sea, which leaueth one part of earth, and possesseth another: or as it remaineth the same riuer which doth altogether change the chan­nell.

[Page 51] For change of title we haue an eui [...]ent example in the countrie of Bohemia. For, when that forme of election of the Germaine Emperor was established which is yet in vse, the Duke of Bohemia had autho­ritie to giue his voyce, in case the other sixe Electors should be equally deuided. Afterward, the Duke was aduanced to the title of a King; which was held no such alteration in that state, that his priuiledg should be thereby either renewed or lost.

The greatest doubt is concerning change in forme of gouernment; because vpon change in forme,L. 9. §. si quis. D. ad exhib. the substance is alwaies esteemed diuers. But this is not true in accidentall formes; it is true in that thing onely whereof the substantiall forme doth perish. When the Kings were expelled out of Rome, the Monarchicall forme of that gouernment did change, and thereupon the Monarchicall Empire of Rome did cease; but the Empire of Rome did not therefore cease. The Romane Empire did alwaies remaine, although the gouernment thereof was sometimes regal, sometimes popular, and sometimes mixt: although the soueraigntie was transferred, from Kings to Consuls, and from Consuls to Em­perors; and although these Emperours did hold, sometimes by succession, and sometimes by electi­on; and that sometimes of the souldiers, and some­times of the Senate, and now of the seuen Electors. The forme of gouernment which was accidentall, did change; but the substantiall forme of Empire did remaine.

But then doth a kingdome or Empire dissolue, when it loseth the libertie; and then is a state newly [Page 52] erected, when it beginneth to bee held free, either from subiection or dependancie vpon any other. Of the first Vlpian speaketh:L. 209. D. de in. reg. Seruitutem mortalitati com­paramus; We compare seruitude vnto death. Of the se­cond Modestinus: L. 4. D. de ca. mi. Eo die incipit statum habere, cum ma­numittitur; State and libertie begin together. So did all those kingdomes and common-wealths cease, saith Decianus, Dec. 3. con. 19. which were oppressed by the armes of the Romanes: and so were those states newlie erec­ted, which could free themselues from that subie­ction.

And in truth by no other meanes a state can bee said to perish or cease, according to the law of Na­tions, but either by yeelding it selfe into subiection, or else by being possessed with the power and armes of externall enemies. But this faileth againe in three cases.Arg. l. 1. de flu. & l. 1. de riu. Alc. 5. cons. 69. First, when any part is retained free. For that kingdome or Empire ceaseth not, whereof any par­cell is held at libertie; because the least part of a kingdome (either for hope of restitution, or for some other fauourable respect) doth conserue both the name and right of the whole: euen as the right of a Colledge or of an Vniuersitie may be retained in one,Bald. in Prooem. D. & l. 9. de leg [...]. [...]. [...]an. Ca. l. 22. de leg. 1. although in one it cannot be erected. Another is, if a kingdome be ouerrunne and spoyled by ene­mies, but they depart againe, not holding the same in their possession and power. For this is as if a field should be surrounded with waters,Inst. de rer. diu. which in short time falling away, leaueth it in the same condition and state as it was before. [...]lin. lib. 2. cap. 103. And so the riuers Niger and Tigris doe remaine the same, although they run many miles vnder ground. The third is, when the [Page 53] Victorer pretendeth title to the state, and intendeth onely to reigne as King.

CHAP. XV. Of other obiections which concerne honour and reputation.

NOw, the last sort of obiections which con­cerne honour and reputation, are full of very emptie easinesse: and seeme to serue rather for shew, than for strength; to sup­plie number, but nothing at all to encrease weight. These are, that by this change, the glorie and good acceptance of the English name and nation, will be in forreine parts obscured: that no worldly thing is deerer to men than their name, as we see in great fa­milies, that men disinherit their daughters to conti­nue their name; much more in states, where the name hath been famous and honourable: that the contracted name of Britaine, will bring into obliuion the names of England and Scotland: that whereas England in the stile is now placed before Scotland, in the name of Britaine, that degree of prioritie and precedence will bee lost: and that the change of name will be harsh in the popular opinion, and vn­pleasing to the countrey.

Of all these obiections, the more I think, the lesse I know what to thinke. For as I can suspect nothing lesse than want of iudgement in those that cast these inconueniences, so doe they appeare vnto me nei­ther so certaine, nor of such qualitie, that for auoy­ding [Page 54] of them wee should omit an aduantage, both present, and of great consequence and weight. Al­though the 7. kingdomes of the Saxons were com­prised vnder the name of England, yet their seuerall names do still, & are still like to remaine: and can we imagine that the names of England and of Scotland, both more famous and of longer continuance, will suddenly be either worne out or obscured? Cannot the name be altered, but it must also be forgotten? Or can wee account the name of Britaine either so new or so harsh, which hath continued to bee the name, generally of the whole Iland, but more speci­ally of the parts of England and Wales, euer since be­fore the inuasion of the Romanes? Or shall we con­tend for generall precedence with them, with whom we intend, or at least pretend desire to be one? Can prioritie and vnitie stand together? Some (I grant) vpon fond affection to their name haue disinherited their daughters; but they were neuer allowed there­in, by any well grounded opinion. S. Augustine saith, If any man disinheriteth his daughter and maketh ano­ther his heire, Alium quaerat consultorem, non Augusti­num. let him seeke what Counsailer he can, he shall neuer be aduised thereto by Augustine. Assuredly, I feare that it is with vs, as with some good women, who are often sick, forsooth, but in faith they cannot well tell where. Our fancies runne, that something will be a­misse; but neither can it be well discerned by others, neither is it fully perhaps resolued by our selues. Things of greatest suretie breede many doubts in mindes that are determined to beleeue the contrary; whereas, in matters of this nature, all points are not alwaies cast into question which may possibly hap­pen; [Page 55] for that many inconueniences are in imagina­tion onely; many are, either dissolued by time, or by industrie auoided: much lesse are we bound to listen vnto those, who confounding feare with discretion, or else couering some corrupt conceit vnder the name of foresight and preuention, doe stretch their thoughts beyond probabilitie, and make all doubt­full accidents as if they were certaine.Liu. c. lib. 22. Agendo auden­doque res Romana creuit, non his segnibus consilijs, quae ti­midi cauta vocant: By doing and by daring (saith Liuie) the affaires of Rome tooke encrease; not by these dull and heauie counsailes which timorous men doe terme warie. A wit too curious in casting of doubts for the most part hurteth; and hee that omitteth an opportunitie pre­sent vpon supposed dangers (if they be not both cer­taine and also neere) shall neuer aduance his owne aduantage.

King Henry the seuenth aimed at this Vnion, when he married his eldest daughter Margaret into Scot­land. King Henry the eight and all the chiefe Nobili­tie of the realme expressely desired it, when they la­boured to haue a mariage knit betweene Edward and Mary, the two yong Princes of both the kingdoms. In solliciting this mariage, the English made offer to communicate to the Scots the liberties and priuile­ges of their state, and to be ioyned with them in the common name of Britaine; as appeareth by a letter of the Duke of Somerset yet extant. For not obtai­ning this mariage, they led an Armie into Scotland, and ioyned fight with the Scots in Muscelborough fields. These attempts not succeeding; our euill for­tune hauing frustrated these good endeuours; loe [Page 56] here, our felicitie now offereth vs to kisse her cheeks; our wish, loe here; and that which lately neither by amitie nor by armes we were able to effect, loe here, is freelie presented vnto vs. Seeing therefore our good fortune hath now concurred with the good fauour and inclination of men, in opening this op­portunitie vnto vs, shall wee deale so farre against all good office and expectation, as not to seeme content with our blisse? Shall wee all shut, or rather pull out our eyes, because a few doe not seeme to see? Or shall we, like some men, when a great good happe­neth vnto them, thinke our selues in a dreame, and not haue power to taste our good? Shall wee burie benefits with suspitions? Shall wee labour, with counsailes fearefull and broken to obscure, or with dregges of doubts and iealousies to defile our owne glorie? Must we be entreated (like mad men) to be good to our selues?

I feare nothing lesse in vs, than such want of wise­dome; I feare nothing lesse, than that in mindes so well instructed,Pessimum veri affectus vene­num sua cuique vtilitas. Ta. Histo. particular respects (the bane, as Taci­tus speaketh, of true affection) should not be farre in­feriour to the consideration of common greatnesse and glorie. Onely I wish by way of warning, that we bee not too much amazed at euerie accidentall change, fearing wee know not what, like a Deere, which then looketh most about when he commeth to the best feede. Or that we be not more regardfull of light harmes that are but in shew, than mindfull to foresee, least with losse of assured benefits, great dangers also resolue into effects; least by obstinate confirmation of our first aduice such firebrands of [Page 57] faction bee kindled amongst vs, as cannot be quen­ched but in the bloud of the state. It is good to ioyne action to opportunitie. Time is thankfull to such as will apprehend it, and fauoureth them with occa­sions conuenient: but it was not vnfitly portrayed by Lycippus, with Hindes feete, and Eagles wings, hairie before, and smooth behinde; in token that if it be not taken when it comes, it cannot bee ouerta­ken when it is gone. Fortune is seruiceable to those that are forward: but they that are either carelesse or slow when aduantage is offered, doe seldome manage their affaires to an honourable issue.

For this cause confidence for the most part is lesse hurtfull to affaires, than faint feare, which vnder the faire names of foresight and preuention, looseth ma­ny benefits, which either our owne felicitie, or the industrie of other men presenteth vnto vs. It bea­reth shew of slow and sober warinesse; but it is of­ten supported with the insolencie and rashnesse of turbulent spirits, which partly by incapacitie, and partly by particular respects, hold all things in con­fusion. For timorousnesse and insolencie are com­monly ioyned in the same subiect. It is not foresight but feare to prouide beyond probabilitie: but to cast many inconueniences, either contemptible, or but in shew, doth sauour of some other passion of worse nature.

I will not proceede to charge any man with arti­ficiall doubling, first in casting forth a light labour for Vnion, and then in disposing and dispersing these obiections against it: I will not (howsoeuer prouo­ked) either aggrauate or apply the qualitie of this [Page 58] dealing. But againe I will aduise (for I thinke it not vnfit to be repeated) that wee shew not our selues too subtill in suspitions; making our owne fantasies the true measure of all our actions. That by mode­ration of mind we rather seeke encrease of friends, than by new attempts to procure daily new ene­mies; by reason whereof in the end we must be, ei­ther masters of all, or scourged by all: and which of these is likest to happen it may be easily coniectured, if we be not set to deceiue our selues.


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