A treatise of vnion of the two realmes of England and Scotland. By I.H. Hayward, John, Sir, 1564?-1627. 1604 Approx. 115 KB of XML-encoded text transcribed from 32 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A02874 STC 13011 ESTC S103946 99839688 99839688 4131 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A02874) Transcribed from: (Early English Books Online ; image set 4131) Images scanned from microfilm: (Early English books, 1475-1640 ; 1105:13) A treatise of vnion of the two realmes of England and Scotland. By I.H. Hayward, John, Sir, 1564?-1627. [4], 58, [2] p. Imprinted by F[elix] K[ingston] for C[uthbert] B[urby] and are to be sold at his shop in Pauls Church-yard at the signe of the Swanne, At London : 1604. I.H. = Sir John Hayward. Printer's and publisher's names from STC. The last leaf is blank. Reproduction of the original in the Folger Shakespeare Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- History -- Early Stuarts, 1603-1649. England -- Foreign relations -- Scotland -- Early works to 1800. 2004-01 TCP Assigned for keying and markup 2004-02 Aptara Keyed and coded from ProQuest page images 2004-04 Jonathan Blaney Sampled and proofread 2004-08 Aptara Rekeyed and resubmitted 2004-09 Jonathan Blaney Sampled and proofread 2004-09 Jonathan Blaney Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion A TREATISE OF VNION OF The two Realmes of ENGLAND and SCOTLAND . 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. 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 , yet the paines of an honest Citizen is neuer vnprofitable . And hereof I haue the more reason to presume , for that 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 . A TREATISE OF VNION . 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 : 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 , 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 : 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 they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , all things doe proceede , and are againe resolued into the same . 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 , as Plutarch , Alexander and Laertius doe report ; who added thereunto , that vnitie is the originall of good , 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 one 1 ; measureth all things by one 2 : and reduceth all things into one 3 . 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 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 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 . First therefore the course of our conquests , especially in France , 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 . 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 , 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 . 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 . 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 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 , 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 ; because against the forces and felicities of these two Nations , 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 , 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 , 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 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 : 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 common-wealth , 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 . Of the first of these two Seneca speaketh : 1 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 : 2 The strength of the Empire consisteth in consent of those that obey : Sophocles of both : 3 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 , 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 lkewise affirmeth , 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 , 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 : Law and equitie are the bands of cities : whereto that of Euripides is agreeable in sense . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 lawes alwaies traineth so many disorders , as are sufficient to shake the whole frame of a state , if not to dissolue it . Tacitus saith : 1 In all affaires the prouision of former 〈◊〉 is best , and euery conn●●sion is a change to the worse . Whereupon Valerius hath written : 2 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 , 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 they seeme better : Which was also the opinion of Alcibiades in Thucidides ; 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 , 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 : 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 ; 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 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 . 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 ; 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 . For , as in a naturall bodie , no sudden change is without some perill ; so in a politike bodie it is so much the 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 , 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 : 1 It is easier to rule all other creatures than man : and which Seneca affirmeth ; 2 No liuing creature is of harder conditions , none to be handled with greater arte : If it be true also which Liuie saith : 3 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 , 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 , 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 , 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 : and therefore desired in his prayer for the Romanes ; that they might be like minded : and requested the Corinthians , to knit together in one minde and iudgement : The Ephesians also ; to keepe the vnitie of spirit in the band of peace : and likewise the Philippians ; to minde one thing , and to proceede by one rule . And with him agreeth S. 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 ; 1 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 . 2 Aristotle doth esteeme inequalitie the ground of suspition ; which the 3 law also accounteth the fewell of discord : but of equalitie he saith ; 4 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 . Hereto agreeth that of Theognis : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Omnes hisese venerantur , amantque vicis●im , Vicini , aequa ●is viribus , atque s●ncs . Among the Latine writers Seneca , saith : 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 . For Epaminondas 〈◊〉 that peace is then firme , when equalitie is observed : according to which sentence Liuie writeth , 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 : 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 ? Hereupon the law doth alwaies incline to maintaine equalitie among brethren , in case of succession ; and that whether we respect the pretorian 1 , or ciuill law 2 , or else the imperiall constitutions 3 . And Baldus noteth , that all statutes which admit children vnequally to succeede , are against naturall equitie 4 . 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 testator 5 ; insomuch as sometimes that is intended to be comprised in a legacie which otherwise should not 6 : and a doubtfull word shall also receiue a forced construction 7 . 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 .. 8 And when many testaments are extant of such nature , that is adiudged of force which doth equally dispose 9 . And in conflict and opposition of opinions that is to be followed , which maintaineth equalitie among brethren 10 . 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 , . that Charicles and Antiochus two brothers 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 . From hence also was taken that tragicall exclamation which Plutarch vseth but borrowed out of Euripides . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . And yet howsoeuer capacitie of offices or preferments should be equall to both people , 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 : To giue aduise in affaires of a common-wealth , 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 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 the similitude is , the more firme is the friendship which thereupon doth arise . To this purpose Siracides saith : 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Of which sentence Plato maketh mention ; and addeth thereto , 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 . 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 ; which equalitie is neither begun nor held but by similitude . Chalcidius , another of the same schoole deliuereth as an opinion of Pythagoras , that nothing is comprehended but by the like ; and to that purpose he alleageth certaine verses of Empedocles . Cicero , 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 all of you do know , of what fo●ce is similitude of studies and of nature , to ioyne friendship . Againe he writeth : 1 Nothing doth so allure and draw to anything , as similitude doth to friendship . Hereto agreeth also that of Plinie : 2 Similitude is a most firme band , to knit and fasten minds together . 3 Columella accounteth this band to be naturall : So doth Symmachus 4 : And Plinie , an excellent interpreter of nature , doth teach , 5 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 law 6 . 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 , 7 that a man is iudged like vnto those , with whom he holdeth familiaritie and friendship . And Angelus saith , 8 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 9 and by the Glossographer 10 , 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 : 11 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 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 , 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 , 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 , 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 . 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 , who is accused of any crime . Which before him Albert. 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 , 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 . And this hee did ( very like ) in imitation of Alexander the Great , who , as well to vanquish the affections of the Persians , 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 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 . 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 1 , Speculator 2 and Baldus 3 : by S. Thomas also 4 , and Astensanus 5 : and lastly by S. Hierome 6 , 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 declareth , that when Antoninus desired the daughter of Artabanus , 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 : 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 . 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 , 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 , 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 , whose tongue thou shalt not vnderstand . And againe , by the Prophet Ieremie hee menaced the Iewes , 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 , 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 , as a great blessing and 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 , yet otherwhere he saith ; Diuersitie of tongues maketh one man a stranger to another . For , as Philo * 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 . Concerning behauior and manner of life , we may truly say of both people as Aristotle said of the Persians ; 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 , 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 ; 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 , 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 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 , 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 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 necessarie . 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 . 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 . 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 this I le : 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 , 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 debent esse consequentia rebus ; Names must follow the nature of things . The second is a custome commonly receiued whereof Bartolus maketh mention : * 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 . 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 , 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 . 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 , Precopius writeth , 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 : 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 ; 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 . 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 , 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 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 , cōcerning 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 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 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 : 1 The Canons attribute no force vnto names . The Ciuill law is herein more plentifull and plaine : for although it be true which Bartolus saith ; 2 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 ; 3 Although the name be changed , yet doth the condition thereby receiue no change . And this did Dioclesian & Maximinian 4 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 change 5 : secondly in law , because names are imposed at pleasure and doe serue for signification of things only 6 , 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 7 ) that things are better vnderstood by other names , than by their owne . Hereupon the interpreters of the Ciuill law do agree 8 , 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 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 ; 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 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 . 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 : that they intend no subtiltie , but simplicitie , which Baldus saith , is the best interpreter of the law of nations . For the law of nations obserueth onely the simple truth ; the simple truth onely is followed by good and faithfull meaning : * 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 . Decius , Hottoman , Decianus and Chassaneus doe write , that all contracts with princes and common-wealthes are bonae fidei . * 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 . 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 . 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 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 , 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 ; 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 , hauing couenanted to restore certaine prisoners , deliuered them slaine . Or that of Alexander , 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 , 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 . Or that of Agnon , Cleomenes , and of the Thracians ; who , hauing made a surcease of armes for certaine daies , attempted hostilitie against their enemies in the night . 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 . 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 . 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 vine-branches 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 said before ) in contracts of this high nature , it is both dishonourable and vniust not onely to inferre fraudulent interpretations , but to inforce contentiōs vpon any strict poynts of law , which ( as Decianus saith ) in fauourable contracts are neuer regarded : because by too much subtiltie they doe often ouerthrow the truth of meaning . 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 . 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 . 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 , 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 erected , when it beginneth to bee held free , either from subiection or dependancie vpon any other . Of the first Vlpian speaketh : Seruitutem mortalitati comparamus ; We compare seruitude vnto death . Of the second Modestinus : Eo die incipit statum habere , cum manumittitur ; State and libertie begin together . So did all those kingdomes and common-wealths cease , saith Decianus , 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 . 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 , 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 , which in short time falling away , leaueth it in the same condition and state as it was before . And so the riuers Niger and Tigris doe remaine the same , although they run many miles vnder ground . The third is , when the 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 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 , 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 ; 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 . 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 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 , 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 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 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 . FINIS . Notes, typically marginal, from the original text Notes for div A02874-e650 Opera ●●nesti 〈…〉 . Notes for div A02874-e750 Lib. de Parad so . Lib. de quaest . vet . & noutest . In som. Scip. In Princ. lib. De●itis senten●●●sq●e Philos . Plut lib. de dogmat . Philos . Alexan succession . Philos. Laer. de vit . Philo lib. 8. H●er . 1. co co●tra Iouin . C. 〈◊〉 . 32. di . 1. Desan . tu . lib. 6 1 In Timaeo . 2 In Philebo . 3 In Epinomide . Notes for div A02874-e1050 Victories hindred . Inuasions occasioned . Confines laid waste . Inner parts distressed . 〈…〉 1. 〈…〉 24. Defence . Enterprise . Ease . Notes for div A02874-e1380 Pphes . 4. Notes for div A02874-e1480 1 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 . 2 Lib. 3. Vires imperij in conssersu obedientium sunt . 3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Lib 10. Eiusdem iuris esse del ent qui sub todem rege victu●i sunt . Quicquid est authoritatis crebris destiuitur contradictionibus . Theoph. iust . de iur . gent. nat . & ciu . § Plcbiscitum . 〈◊〉 Pa●●● . lus 〈…〉 In supplie . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Notes for div A02874-e1920 1 〈…〉 . 2 〈…〉 Se● answere to Dol. man. p. g. 23. 〈…〉 . 〈…〉 . Senc. 〈◊〉 . Lib. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Thucid. lib. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . In Pomp. Annal. 1. Hist. 1. Necet priscus rigor & 〈…〉 . 〈…〉 . Ad Attic. lib. 11 Epist. 19. Dio. 52. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l●s●gere pa●la●●m , 〈…〉 s●tr●h●●e . C●ia . Ap ad R●n●onem . 1 2. P●ri . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 2 De clem . lib. 1. Nullum animal morosiu● 〈◊〉 , nullum ma●ori artetractandum . 3 Excellentibus ingeniis ●tius d●●fuerit ars qua ciuem regant , quam qua 〈◊〉 superent . Ad Lentul . ep . 9 Si recta portum tenere nequea● , idipsum mutata velificatione assequi . Notes for div A02874-e2800 De Clem. lib. 1. cap. 4. Act. 4. 32. Ephes. 4. 3. Rom. 15. 5. 1 〈◊〉 . 1. 10. Ephes. 4. 3. Phil. 2. 2. 3. 17. 4. 2. 1. Pet. 3. 8. Notes for div A02874-e2990 1 De legib . li. ● . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 2 Polit. 5. cap. 1. & 2. 3 16. q. 7. l. cum oportet C. de bo . quae lib. 4 Ethic. 8. ca. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . In Phoeniss . All these beare reuerence one to others , equall neighbours , and aged persons . 〈…〉 . A●●t Platarch . in ag●l . Lib. 8. De Offic. lib. 1. V●●im as p●●es paribus maxime 〈◊〉 . In P●adro . lib. de les . Patria● c. cap 2. 〈◊〉 aequalis gratia &c. 1 L. 1. C. vnde lib. l. si post . §. si . d. de bon . 〈…〉 . 2 L. inter fil●os . C. 〈…〉 . 3 I. pen. C. com . d●u . l. vlt. C. com . 〈◊〉 . iudi● . C de collat . per to tot . t●t . 4 In d. l. inter filios . 5 I. Cum Pater . § cuictis D. de l●g . 2. l. vlt. C. com . vtr . 〈◊〉 . & ibidem Dd. 6 L. Quaesuu . §. sed & ipse . D. de fund . instr . 7 Franc. 〈◊〉 . in l. filiabus . D. leg . 1. Bald. Angel. Sali . in l. in testamento . C. de test . mili . 8 Ro. con . 179. Phil. Dec. in l. 1 in 2. no. C. vnde lib. & cons. 349. & 361. 9 Pau. ca. in Auth hoc inter . C. de te●●a . Pau. Paris . cons. 24 lib. 2. 10 Soct . in rep . l. cum . mus . D. de cond . & 〈◊〉 . & co●s . 1●8 . libr. 3. Marcia pater ipsius . con . 4. ia si . Epi●r . lib. ● . a● Calliodorum . In Pyrrho . In Phvniss . To deuide this house with a sharpe iron . ● . De orat . Notes for div A02874-e3920 Ca. 13. 16 , 17. Odiss . lib. 17. Alwaies God guideth like vnto like . In 〈◊〉 & in 〈◊〉 & de 〈◊〉 li 6. Deleg . lib. 8. Ethic. lib. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Iab . de duct . Plat. ca. 32. In comment . in 〈◊〉 P●at . ad Osum . In 1. Cicero D. de P●n . se pro. Aul. Cl●ento . 1 De amic . 〈…〉 . 2 Iah . 4. Epist. ad Fandanum . E●t ad connectend●s animos vel t●●atissinium vinculum similitudo . 3 Iab . 7. rei rust . 4 Sym. in Epist. 5 Lib. 56. ca. 42. 6 C. Nerui . §. quod melius . 13 di . c. transmissam . de elect . 7 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. 8 Ang. in auth . de mona . §. cogitandum . 9 Bald. in l. dat . C. qui acca . ●po . 10 Glo. in ●cum oportet . de acc . & in c. definimus 18. q. 2. 11 De offic li. 2. Facillim : aut●m & in meliorem partem cognoscuntur adolescentes . &c. In Claud. Epist. lib. 4. ad Falconem . Viuit cum Spurma , viuit , &c. Ad Cleomacham , & ad Nesum . Ad Demetriadem . In tract . quaestio . Tract . de mases . tit de praes . & ind . d●bit . & tit . de qu. & tor . Notes for div A02874-e4740 Lib. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Herod . lib. 4. Q. Curt. lib. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . D. 〈◊〉 . 41. §. si . * 〈…〉 1 〈…〉 2 〈…〉 3 〈…〉 4 〈…〉 5 〈…〉 6 〈…〉 * 〈…〉 . Hero. li. 4. 〈…〉 . I0 . Hui●h●n Van 〈◊〉 . lib. 1. ca. 26 De doctrina Christ. lib. 3. Si cuiquam ne● 〈◊〉 esse scandal●m 〈◊〉 quam tibl . Notes for div A02874-e5370 19. De ciuit . Deut. 28. 49. ler. 5. 15. Esa. 28. 11. Ps●l ● . 114. Ianguarum diuersitas ●ominem alienat ab homine . * Phi. de sp . le . In amphit . Pic. 10. & Ph. 31. Notes for div A02874-e5700 In Leum silius . § pater . D. de l. g. 2. Lib. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Dio. lib. 52. Hail . lib. 2. §. Si. quis in nomine Inst. de l●gat . Re● eadem non d●●●t diuerso romine cons●●l . Res enim singulae singulis sunt nominibus distinguendae . §. Alio . inst . qu●b mod . test . in firm . Notes for div A02874-e6240 L. si . vnus . §. pactus . D. de pact . & ib. Bar. In L. Alc●and●●● n. 2. C. de decu . & cor . fil . Assamptio specialis nomi●●s non extinguit nomen generale . §. Est & aliud inst . de dona . L. decernimus . C. de ep . & cl● . L. 1. C de effic . paef vrb . L. defenso●is . C. defens . ciuit . * Bar. in L. falsi . §. 1. D. de ●al● . De consu . ad Alb. 6. De mor. Germ. 1 Nomine à s●ipsis inuento . Belli Goth. li. 1. ● Magna per Italias Galli●●●● fama , 〈◊〉 lib● 〈◊〉 celebrantur . Lib. 1. Omnes eodem nomine & ●odem iure Latines vocauit . Notes for div A02874-e7230 1 〈…〉 Pan. tit . de 〈◊〉 qui al. nom . Id. in . li. intern . in si 2 〈…〉 3 〈…〉 4 〈…〉 nom . Nallo ex hoc preiud cio futura . 5 Mutatio in non substantialibus , non d●tur nouum constitucre . Decia . 5. pr. 4. 6 §. Si quis in nomine . 〈◊〉 . de leg . 〈◊〉 D. si . cer . pet . l. 6. D. de reb . 〈◊〉 . 7 〈◊〉 . b. 1. 〈◊〉 . & epist. lib. 9. ad 〈◊〉 Patum . 8 Glo. 〈◊〉 . & 〈…〉 D. fol. 〈…〉 n●min●us , pert●●bus relin suitur . 2. Mar. 2. Par. 1. Notes for div A02874-e7680 Bald. 1. cons. 263. 372. 2. 14. 3. 218. 5. 188. 352. Alc. 3. cons. 36. 5. 12. 18. 105. 8. 49. 54. Bald. L. 5. de iust . Bar. C. de his qui in pit . lo. ord su . Ceph . cons. 713. * Ceph . cons. 10. Dec. cons. 4. 147 Hott . cons. 15. Decian . 3. cons. 11. chas . ca. p. 5. 10. 27. * c. Iurisgentium . dist . 1. Cic. 1. de offic . & 2. de orat . Tac. Agric. Alci . 5. consil . 40. ● Guic. 5. Sleid. 19. In C. tuanos . n. 3 de spons . 〈◊〉 D. de conlia● . 〈◊〉 . ●ront . 4. ca. 7. Thucid. lib. 2. Diod. 17. Polye . 4. At. 4. ●lut . Ale● . Lon. V●len . Max. 7. ca. ● . 〈…〉 Stro. ● . Poly. 6. 7. 〈…〉 . Polye . 6. Herod . 4. Polye . 7. Pont. li. de . V. O. Bald. 5. cons. 305. 3. Cons. 102. Dec. 3. con . 84. L. 64. D. de euict . L. 9. §. si quis . D. ad exhib . L. 209. D. de in . reg . L. 4. D. de ca. mi. Dec. 3. con . 19. Arg. l. 1. de flu . & l. 1. de riu . Alc. 5. cons. 69. Bald. in Prooem . D. & l. 9. de leg● . ● . ●an . Ca. l. 22. de leg . 1. Inst. de rer . diu . ●lin . lib. 2. cap. 103. Notes for div A02874-e8650 Alium quaerat consultorem , non Augustinum . Liu. c. lib. 22. Pessimum veri affectus venenum sua cuique vtilitas . Ta. Histo.