by sentence confirmed and by arms and reasons approved Especially against Edward the third King of England who for that he drew his pedigree by a female though he was the nearer in blood Philip. le Bell the next Heir Male was by the law Salique preferred before him which excluding females was adjudged to exclude all the descendents by females and therefore was Philip received and crowned King of France and Edward the third because his Kingdome was not then setled and he but young did homage to King Philip for the Dutchy of Guyen and other territories in France though afterwards when he had arrived to the years of maturity and manhood upon more mature deliberation of the partial interpretation of that law and the instigation of the Earl of Artois a great Peer of France affirming that he had more right to that Crown then the other he by Armes attempted to recover and conjoyn that Kingdome to the Crown of England and by his invincible sword obtained many wondrous victories But he yielding to Fate before he had accomplished his intention his successors Henry the 5th and Henry the 6th renewed the said honourable War and by their victorious Armes so prevailed that Henry the 6th was Crowned in Paris King of France and had finish'd that glorious work whereby the Kingdome of France had been annexed and united to the Kingdome of England but that the civil Wars between the houses of York and Lancaster in England impeded the same as Philippus Comineus Secretary to Lewis the 11th King of France ingeniously acknowledgeth by which disaster the hopeful union of the Kingdome of France with the Kingdome of England by marriage unhappily was prevented and utterly frustrated And as for the inconstancy and deficiency of such unions I will onely instance in one which was thought most happy and durable in this Nation and that was the union of the two famous Kingdomes of England and Scotland transacted by James the 6. King of Scotland who was by marriage lineally descended of the Lady Margaret Eldest Daughter to Henry the 7th King of England and Eldest Sister of King Henry the 8th Father of Elizabeth Queen of England by whose decease she being the last of issue of Henry the 8th the Kingdome of England did lineally and rightfully descend to the said James King of Scetland by which natural conjunction those two discordant Kingdomes of England and Scotland were fortunately and peaceably united under one imperial Crown An union magnified and applauded of both Nations and yet not lasting above one descent The Scotch revolting first and then the English to the confusion of both Kingdomes and changing them both into one Commonwealth which verifies the Italian proverb Kings may wed but Kingdoms never The third union of Kingdomes is by conquest which is most general and more durable For as Sir Francis Bacon the most part of unious and plantations of Kingdomes and Commonwealths have been founded by conquest which is manifested as well by forraig◠Annals as by native occurrences as by the sequel will appear But not to entrench upon your patience by the tedious relations of the unions of Nations which were made by the conquests of the Assyrians Medes and Persians and Graecians I will insist only on those that were gained by the glorious sword of the Romans which for extent and durance surpassed all the rest The Roman Commonwealth and Empire for the extents and dignity of it is by the Civilians called Caput sedes imperii orbis and by Athaeneus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the head seat and Epitome of the Empire of the whole world according to the verse Orbem jam totum victor Romanus habebat And therefore did the Emperors sometimes stile themselves Domini mundi the Lords of the world Grotius de J. B. P. lib. 2. cap. 22. which speeches though Grotius saith are per excessum excellentiam dicta spoken by the excess and excellency Bodin de Repub. lib. 1. cap. 9. and Bodin that in Trajans time when it most flourished Vix trigessimam orbis terrarum partem complecti potuisset it scarce could contain the thirtieth part of the whole earth yet it is doubtfull to none but that it did contain the best and most flourishing parts of Europe Africa and Asia in Caesars time Patritius de Princip lib. 1. Cujus solum nomen Parthorum Indorum Reges somnum capere non siuebat whose fame only would not permit the Kings of the Parthians and Indians to sleep which were the remotest parts of Asia at which time the Roman Empire was in its youthful strength and robust maturity as Florus saith Hic jam ipsa juventa imperii quasi quaedam robusta maturitas But to demonstrate how by degrees it rowled up to such a vast greatness and first because commonly irreconcileable contests and contentions happen between vicine and bordering Nations as the Poet. Inter finitimes vetus atque antiqua simultas Juven Satyr 15. Immortale odium nunquam sanabile vulnus The Romans did first augment their state by the conquest and unions of their neighbouring Countries as Ninus did Justin l. 1. Qui primus bellum intulit finitimis who first made War with the borderers and so as Caesar saith Caesar l. 6. de Bello Gallico did the Germans who deemed it proprium virtutis an especial virtue to expel their neighbors from their fields and not suffer them to dare to consist near them For so saith he did they think themselves more safe repentinae incursionis timore sublato the fear of sudden incursions being taken away for which reason Danaeus propounds this for an Aphorisme Danaeus Aphorism fo 108. Vicini populi nimiam crescentis potentta mature est quacunque occasione deprimenda The power of a too-much-increasing neighbour is speedily upon any occasion to be suppressed Which therefore was the constant course the Romans steered in their first march to subdue their potent neighbours and by which work they made way for the Conquest of the other parts of the world For after they within the space of five hundred years with much difficulty had brought into subjection the Sabins Florns l. 2. c. 1. the Albanes the Latines and all other the adjoyning people of Italy and so became Caput Italiae within the two hundred years following with their victorious arms did they overcome Africa Europe Asia and all the world and were therefore worthily intituled Caput totius orbis terrarum And as the Romans by valour did subdue their enemies bodies so by their wisdome did they subjugate their minds which was the greatest victory and by degrees reduced them into a sociable union with them and of enemies made them their friends and Citizens As Claudius in Tacitus saith of Romulus Tacit. Aun l. 11. Conditor noster Romusus tanta sapientiâ valuit ut pleresque populos codem die hostes dein cives habuerit Our founder Romulus was of so great
that Edward the first contrary to the Roman Garbe upon his first conquest did admit all of them to the possession and inheritance of their Lands and goods which would be ruled and governed by the common law of England and did forbear to settle a Militia or deduce Colonies among them thereby to restrain them from future Commotions which the Parliament of England prudently observing were induced to put in practise the old Roman rule Parcere subjeciis debellare superbos And ordained that all persons whatsoever that were in actual Rebellion in the said insurrections and all other persons that have willingly by council or force assisted the same or contributed any money's horse or armes amuâ—ition or other aid or assistance thereof are adjudged delinquents and that their estates be sequestred and that the Commissioners named and appointed in the said ordinance or such persons as they shall appoint do seize the estates real and personal of all and every the said persons delinquents aforesaid and also to make sale receive and dispose of all and every the Goods Chattels Debts Rents and personal estates of all and every the said Delinquents and let set and improve their Lands at the best rate they can according to the ordinance of sequestration c. And on some of their Ieaders did they inflict capical punishment therein also pursuing the justice of the antient Roman Empire Grot. de J. B. P. l. 9. c. 11. Qui de captis hostium civibus vindictam morte sumebant who did take revenge of the Captains of their enemies which were taken by death for which Constans the Son of Constantine is commended in the Panegyrick And further for the securing of the Parliament and mutual defence and safety of each other did they settle and constitute the Militia in those parts which had a resemblance of the Roman Colonies and at this present are there military Garrisons continued in the chiefest Cities of Wales by which means ever since that countrey hath been kept and maintained in peace and tranquility without the suspicion of any insurrection and a constant unity setled between these two Nations The conquest of Scotland in regard of it's vicinity with England is in the next place to be considered and especially for that deadly feud and perpetual wars have time out of mind raged between these two Nations Nam rara est inter eos pax dum illi propagari Hist Britâ— fol. 7. hi retinere imperium student for peace was rare between them while they endeavoured to propagate their Empire and these to retein it which though the English for many Ages with all their skill and force have contended to vanquish yet could they not until these latter times accomplish So difficult a task it was to conquer that valiant Nation and by force to bring it to an union for as the same Author saith Eadem utrisque in bellâ— ferocia And as an other Gens virorum fortium fuit quam frugum feracior It was a countrey more abounding in proper men then in goodly fruits A fierce Nation indeed which was never subjugated by the Romans as Tertullian who lived in the second Age according to the Christian computation intimateth Apolog. saying Evangelium diffusum est in omnes orbis partes etiam in Britanniam usque eamque Insulae partem quâ—m Romanae vires nunquam penetrarunt The Gospel was diffused through all the parts of the world also into Britany and even into that part of the Island which the Romans never pierced meaning that part of the Island which is now called Scotland But the Romans attempting it were continually rebutted and repulsed by them and in fine were foreed to frame walls trenches and bulwarks to defend their Province from their terrible incursions which were first built by Adrian as Aelius Spartianus then by Antoninus Pius as Julius Capitolinus and thirdly by Severus thereby to stop the furious invasions of the Scots of which Claudian doth mention Venit extremis legio praetentae Britannis Quae Scoto dat fraena truci But whereas Buchanan a partial Trumpeter of his countrey praises De jure regni apud Scot. saith Nos regnum exiguum quidem sed jam bis mille annos ab exterarâ—m gentium imperio liberum tenemus we hold our Kingdom a little one indeed but now for the space of two thousand years free from the Dominion of forreign Nations yet to the contrary saith Matthew of Westminster Quod Reges Angliae Jure Superioris directi Dominii ab antiquissimis temporibus regno Scotiae ipsius regibus praefuerunt ab ipsiâ— illorum prâ—ceribus regalia homagia receperunt fidelitatis debita juramenta that the Kings of England by the right of a more superior direct Dominion from the most ancient times had their preheminence over the Kingdom of Scotland and their Kings and have received legall homages from them and their Nobles and due Oaths of fidelity For after the Saxons had made a Conquest of the Britans and reduced their Heptarchy into a Monarchy changing it's name into England Scotland by the power of their victorious Armes Hollingshed Ed. 3. was compelled to do homage and fealty to England and to be tributary to their sueceeding Kings for Edward the son of Alured â—ad it under his Dominion Herb. Hen. 8. And Athelstane made one Constantine King thereof Eldreck took homage of Ericus and Edgar of Kinulph Kings of Scots Malcome did homage to Knuto and Edward the confessor gave the Kingdom to Malcome who did homage to William the Conquerour and to William Rufus and Edgar did homage to Henry the first and David did homage to Matilda the Empress which were without intermission transacted by the succeeding Kings of Scotland to the succeeding Kings of England Herb. ib. even to the reign of Henry the seventh which incited Henry the eighth to claim homage and fealty of James the fourth which was partly the cause of the quarrel and famous Battail between him and the King so as the aforesaid homages fealties made by the Kings of Scots were not only for the Earldom of Huntington as the Scots pretend For David King of Scots having married the Daughter and Heir of the Earl of Huntington and Northumberland and received the investiture thereof did not onely do homage and owe fealty for the Earldom of Huntington as also his son Malcome did but the said David did also homage and made fealty for the Kingdome of Scotland to Matilda the Empress as also all the succeeding Kings of Scotland did according to the former expression But of all the Kings of England none equalled Edward the first and none as Sir Francis Bacon saith is more celebrated with the commendations of War and Wisedome and especially for his purpose and enterprise for the conquest of Scotland bending his mind not to glorious conquests abroad but to the setlement by conquest of a solid union between those
the Common-wealth of England which by vertue of that conquest have therein Placed Garrisons and English Colonies according to the Roman Rule to contein them in subjection peace and union But to apply my Pen to the other rule which is the union by laws and though it is in the power of the Conqueror at his pleasure to alter and change the laws of the conquered Kingdom Cok. L. 7. Calvins case f. 17. and that without a Parliament as Edward the first did by his Charter of Rutland but until he doth make an alteration of laws the ancient laws of that Kingdom do still remain yet certainly it is the greater victory to alter and change the Laws of the conquered with their consent that there may be a more intimatc and intire union between them And therefore did the Parliament in December 1651. to the end that the people of Scotland should be united with the people of England into one Commonwealth and under one Government send Commissioners into Scotland to invite the people of that Nation unto such an happy union who proceeded so far therein that the Shires and Burroughes of Scotland by their deputies appearing at Dalkeith and again at Edenborough did accept of the said union and assent thereunto which was seconded by the late Protector of the Commonwealth of England who by the advice of his council ordained April 5. 1654. That all the Dominions of Scotland of the Isles and Territories thereunto belonging are and shall be and are hereby incorporated into constituted and confirmed one Commonwealth with England and in every Parliament held successively for the said Commonwealth thirty persons shall be called from and serve for Scotland which Ordinance was confirmed by the Parliament in the year 1657. So many Knights and Burgesses as before was expressed who were called and summoned according to the said Ordinance were admitted to sit in the said Parliament and did vote joâ—n with the English in the making and enacting of Laws which Laws so made or hereafter to be made by them in Parliament do bind and oblige the Commons of Scotland as well as the Commons of England because the Knights and Burgesses of both Countries being chosen by the Assent of the Commons of either Countrey do represent the estates of the several and distinct Commons of either Countrey And therefore as St. German saith every statute there made Doct. Slud li. 2. c. 46. is of as strong effect in law as if all he commons were then present personally at the making thereof There are many more particular clauses in the aforesaid Ordinance contained which concurr to the more full effecting of the said union all which I refer to the consideration of the supream council of this Nation And though the constitutions of the countreys of England and Scotland be such that there can hardly in all things be such an obsolute reconciling and uniting of their laws no more then there hath been between other country's subject to the obedience and allegiance of the Kings of England as Normandy and Aquitany had several lawes different to the lawes of England Garnesey and Jersey have yet their several lawes which for the most part were the antient lawes and customs of Normandy Kent and Cornwall have also their several Laws and customs and so hath the county of Palatine of Chester yet do not these several Laws make any differences in matter of subjection and obedience and are no markes of disunion or several allegiances Howsoever as Sir Francis Bacon saith Discourse of the union of England and Scotland it is to be wished that the Scottish Nation was governed by our Lawes which with some conducement are worthy to govern if it were the world or else that Scotland be in the like degree and conditions with Wales as hath been for many hundred years those Laws and customs onely being in force which are reasonable and agreable to the Laws and customs of England for it is a matter too curious to extirpate all particular customs which are consonant to reason and it sufficeth that there be a uniformity in the fundamental Laws For language it is not needful to infist upon it because both Kingdomes are of one language though of several dialects and the difference is so small between them as Sir Francis Bacon saith Ibid. that it promiseth rather an enriching of our language then a continuance of two so as it may seem convenient that as they Originally participate of one language they should likewise be under one Government as heretofore by antient Histories they are reported to have been which is now revived and like to continue the premised Roman rules being observed But now to waft Englands conquering forces over into Ireland which though it was first conquered is placed in the Arrear for that it is more remote and separated from it by the Sea yet is it by Ptolomy stiled Britaunia Minor as an adjacent Island and is another Brittain as Brittain is said to be another world it being not inferiour to any part of Britanny for affinity and fertility as Tacitus solum Coelumque ingenia haut multum a Britannia differunt Vita Agr. And indeed is endowed with many dowries of nature with the fruitfulness of the soyl and plenty of all provision with the ports the quarries the woods and other worthy materials But yet it is under question what King first subjugated that Island Sir Edward Coke maketh mention of an antient Charter of King Edgar Cokes pre l. 4. 4th Book of Reports in which he blesseth the altitonant and omnipotent God for all his victories and that he had subjected all the Kingdomes of the Island of the Sea unto Norway with their fiercest Kings and the greatest part of Ireland with its most noble City of Dublin to the Kingdome of England and Henry of Huntington saith there were five Kingdomes in Ireland of which the great or greatest part was conquered by King Edgar Gambd Britttan â— which Cambden also affirmeth Quod maximam Hiberniae partem devicit yet because Henry the second made a more absolute conquest of it the honor of that conquest is ascribed to him and was the first was intituled Rex Angliae Dominus Haberniae and as Henry of Huntington Historieth it at his Arrival with a potent Army into Ireland the King of Cork the King of Limmerick the King of Oxery and the King of Meth submitted themselves to his summons recognizing him to be totius Hiberniae dominum only the King of Conagh stood out which Pope Alexander confirmed to him and his Heirs and which afterwards by his power was possessed and detained by English Colonies Yet was there no alteration of their Lawes till the reign of King â—ohn who as Sir Edward Coke saith 〈◊〉 the twelfth year of his raign went â—â—to Ireland and there by advice 〈◊〉 grave and learned men in the â—â—aws whom he carried with him 〈◊〉 a Parliament de
people as Petavius observeth Testatus in Genes 10. He also by Testatus is said to be the first King because we read in holy Writ of none who reigned before him Petavius ib. and by other Historians that he was the founder and hood of the Assyrian Empire and was the first that composed many barbarous Nations into the civil and moral body of one Commonwealth Grotius de J. B. P. lib. 1. cap. 3. For as Grotius plurium populorum idem potest esse caput there may be one head of many people which single people notwithstanding have a perfect commonalty for it is not in a moral body as in a natural where there cannot be one head of many bodies but in a moral body the same person may be head of many distinct bodies And it were to be wished that the whole world were governed by one head in unity as it should have been by Adam if he had persevered in his persection But sin by his delinquency entring into the world hath sown the seeds of discord among all Nations that since one head could never be established over them all nor an unity setled by the most potent and sagest Princes and people though some have had the ambition to effect it and one vainely wished that there were more worlds to conquer and yet could not settle two Kingdoms in union for so perverse crooked are all Nations and so prone to discordancy and martial occurrents that no prowess nor prudence can continually contain them in obedience and unity nor no compact nor league can preserve them in mutual amity but that they will upon some feigned pretence break out into impious Wars and martial defiances which is an Epidemical and incurable contagion in this world as it is Emphatically and divinely expressed by the Prince of Poets Quippe ubi fas versum atque nefas tot bella per orbem Virg. Georg. l. 1. Tam multae scelerum facies non ullus aratro Dignus bones squalent abductis arva colonis Et curvae rigidum falces conflantur in ensem Hine movet Euphrates illinc Germania bellum Vicinae ruptis interse legibus urbes Arma ferunt saevit tate Mars impius orbe Howsoever though it be an attempt above possibility to reduce all Nations into a conformable unity yet is it an heroical and glorious enterprise so far as may be to proceed in bringing it to perfection that thereby the lesse rapins bloodsheds and slaughters may happen between them and at the least in some parts of this Orb there may be a resemblance of another Paradise for peace and union on earth And for such atchievments many victorious Heroes have received immortal praise and glory and are registred in the monuments of same as Nimrod Ninus Joshua David Cyrus Alexander and the martial Romans Seing then it is such a Divine and noble action to unite divided Nations it is worthy our study and diligence to examine by what means it may be obtained and though the Author finds no beaten path to follow nor publick pattern to imitate yet it may be collected out of Classick Authors that there are three common principles by which Princes and Commonwealths have been instructed to enterprise that design The first is by leagues of which in Commonwealths there is great necessity and utility Scorâ—ernerius Palit lib. 4. cap. 34. for unita virtus fortior hosti terribilior and by the mutual conjunction of their minds the one may in danger assist the other and defend each other against their enemies and is properly called peace when by treaties and agreements it is made and established which was in prime practise among the Romans and very profitable unto them For as Dion saith they by imparting aid to their friends and confederates obtained the Empire of the whole world Flor. li. 2. cap. 16. the reason of which Florus giveth Quiae summae faederum Romanis religie fuit for that the Romaus very religiously and devoutly observed their leagues A notable example of which we have in Metius Suffetius whom Tulius Hostilius for breaking of a league commanded to be bound fast between two Chariots Floras I. 1. c. 3. and drawn in pieces by swift and violent horses A formideble example of which in sacred writ we also read as Simeon and Love the sons of Juceb were cursed by their father at his denth for that thy had violated their league made with Sichem and Hemor when they destroyed them and all their City contrary to their covenant Genes 49. In like manner the punishment of God upon Sauls posterity was memorable for his breach of league which Joshua made with the Gibeonites when as three hundred yeers after Joshua seaven of Sauls children and family were delivered into the hands of the Gibeonites and crucified by them in punishment of Sauls offence And though leagues among all Nations be honourable and sacrosanct and not to be violated by humane and divine Laws yet are they commonly but temporary and for a time and made for utility and not for amity For as Livy Communis utilitas ost nodus vinculum federis common utility is the knot and band of league And as the societies of men were first constituted for utility so are the unions by leagnes for utilities sake which failing that band and knot is broken or cut in sunder And there are too many Machivilians in these latter and impious times who allow perfidiousness and breach of faith in Princes and that it is necessary somtimes for the benefit of a state which makes the unions by leagues to be lesse permanent and obnoxius to mutability according to the aforefaid complaint of the ingenious Poet. Vicinae ruptis inter se legibus urbes Arma ferunt Virg. Georg. 1. The second union of Kingdomes is compassed by marriages and affinity Clapmar de arc imp lib. 4. cap. 4. therefore as an acute Statesman Matrimoniorum maguorum principum maxima cura esse debet There ought to be the greatest care of the marriages of great Princes for that from them Wars begin and again cease and unions of Kingdomes by such descents sometimes happen But such unions also are not frequent nor many times very constant And though the Kingdome of Spain and House of Austria have had the felicity to flourish for many years by such unions and affinities yet hath Portugal lately fallen from them and the rest may be supposed not to be perpetual And in the most flourishing Kingdom of France are such titles of descent claiming by the faeminine sex barred by the law Salique which was made by Pharamond King of the Franconians Tholosanus Syntag. lib. 45. cap. 4. and amended by Clodoreus Childericus and Lotharius by reason of which law alwaies in the Kingdome of France as the Franconians instituted the issue male the female issue being excluded have held the Scepter Which law and custome having been controverted hath been divers times
auimos fraenat quae fortibus aequat Imbelles populisque duces By whose immature obit the final and entire conquest of Scotland was prevented which in all probability might have prosperously succeeded if the envious destinies hâ—â— not stopped the success of his victories or his succeeding son had beâ— a trusty Executor of his Fathers Tâ— stament but he resembled his Father in vertue no more then Dimitian did Vespasian or Commodeâ— Aâ—toninus and one day of his Fathers as Tully said of Antony waâ— more to be desired then an whole Age of his For he degenerating from his fathers worth lost all by sloth and luxury which his father had won by valour and industry permitting the new Scotch King to take all the Garrisons and Castles in Scotland and without resistance to enter the English borders and to take and burn Towns that unless he would suffer him to pull his crown from his head he could doe no less then give him battel and in a manner forced him for his honour to levy an Army who like himself raised one more fit for a court then a camp which though it in number exceeded the Scottish Army was by it hamefully defeated the particulars and event of which would I could bury in oblivion so much doth it ecclipse the ancient glory of our Nation Which singular victorie so encouraged the Scots that for the space of three hundred years they were emboldned almost without any intermission to make War with the English to their little losse and prejudice and could never be throughly quieted and appeased until the happy arrival of James the King of Scots to the crown of England upon which ensued a blessed peace and union between those two discordant and belligerant Nations an hopeful union of both Kingdoms under one natural Liege Sovereign Bacon discourse of that union at which the Scottish Nation at the instant of his Majesties reign became Denisons and the â—ostuati were naturalized Subjects of England from the time forward and besides it was a conjunction of Allegiance and Obedience of the Subjects of both Kingdoms due by nature to their Sovereign which in substance is but the uniting of the hearts of the Subjects of both Kingdoms one to the other under one Head and Sovereign Cok. L. 7. Calvins case f. 15. from which proceeded the union of protection of both Kingdoms equally belonging to the Subjects of either of them Yet was not this Union so absolute but that there were many separations and distinctions between them as that they were distinct Kingdoms governed by several judicial and municipal laws and had distinct and separated Parliaments for which reason the said King with all the forces and faculties of his mind wherein he surmounted his Predecessors endeavoured more entirely to cement and conjoin them especially by laws which are the sinews of Societies For as Sir Francis Bacon naturalization doth not take away the mark of a Forreiner but union of laws makes us entire as our selves which taketh away both destruction and separation and to that end called a Parliament without which it could not legally be brought to pass For as Sir Edw. Coke Cok. lib. 7. Calvins case f. 17. a King that hath a Kingdom by descent seeing by the Laws of that Kingdom he doth not inherit that Kingdome he cannot change those laws of himself without consent of Parliament which though solenmly propounded and ardently pursued by his Majesty in Parliament as also vigorously and judiciously seconded by many of the ablest members of the house of Commons yet were the subjects of this kingdome in this point so refractory and adverse to the subjects of the other Kingdome that no union during that Kings raign at any time in any Parliament though often times moved could be voted ordained and established Augustis tamen excidit ausis And therefore this union lasted not long for that it was not setled and pertected according to the aforesaid principles and rules neither had it so long lasted but that that provident and circumspect King did conserve those two Emulous Nations in peace and unity more by his magnificency and humanity especially towards the subjects of the other Kingdome then by the politick precepts of union by whose debonarity and bounty the Scottish mens minds were so closely bound and knit unto him that as well in Scotlend whilst the King was absent no distast or discontent did break out among them as also they forsook their stable confederacy with the French which for many ages was the Source and Origin of implacable and bloody battels between the English and Scots they being thereunto incited and assâ—â—ed by the French whereas whilst the King reigned the Scots had little Correspondence with the French and in civil comport seemed to exceed the English being ready with them chearfully to conjoâ—n their forces against the affronts of any enemy whether Spaniard or French In this peaceable posture and union did King James leave the Scots when he left this light But his Sonne succeeding wanted his Fathers Kings craft and became too rigid towards the Scots and though he knew them addicted to the reformed Religion and the Geneva discipline yet would he obtrude upon them a book of common prayer framed by the Arch-bishops and Bishops wherein was contayned several seeds of idolatry superstition false Doctrine as they averred also a Canon annexed thereunto that whosoever should oppose the same should incurr the pain of excomunication with diâ—ers other canons fraught with errors and superstitions which wonderously inflamed the Scots and exasperated them to raise seditions and to rebel against their King for as Danaeus propter mutatam a Principe vel publice vel privatim religionem patriam ob peregrinam susceptam populus saepe a principe desciscit For the changing of the Religion of ones Countrey publiquely or privatly by the Prince and imposing a strange one the people doe often rebel against their Prince as here it hapned which they managed with such violence and confidence that a royall and terrible army of the English could not fright or dismay them but cunningly by degrees drew the English into their faction who unanimously conjoyning did eradicate the Hierarchy of Arch-bishops Bishops their jurisdiction book of common prayer and canons and the like trumpery in both Kingdomes and for many years adhered to the Parliament and maintained a defensive War against those evil counsellors as seduced and withdrew his Majesty from his Parliament But in the end the Scots fell into variance with the Parliament for many particular propositions concerning the interest and power of the King and chiefly for going about to diminish the just power and greatness of his Majesty which they by their covenant as was by them pretended their allegiance and duty as subjects were obliged to support and thereupon in a grievous discontent without taking their leaves left England and quite deserted the Parliament But not long after the fatal doom and
Communi omniâ—â— de Hibernia consensu enjoyned and established that Ireland should be Governed by the Laws of England Cok. Com. f. 1. a. 6. which he left in writing under his seal in the Exchequer of Dublin and which afterwards was confirmed by the Charter of Henry the third Davis rep f. 37. a 6. in the thirtieth year of his reign wherein is declared that for the common utility of the Lands in Ireland and the unity of those Lands that all the Laws and customs that are holden in the Kingdome of England be holden in Ireland and that the same Lands be subject to the same Laws and be ruled by them as King John when he was there did firmly enjoyn and therefore willed that all the writs of the common Law which run in England likewise run in Ireland and accordingly was it resolved Trin. 13. Edw. 1. Coram rege in Thesaurie in lenge placite that the same Laws ought to be in the Kingdome of Ireland as in the Kingdome of England and therefore as Sir John Davis saith every County Palatine as well in Ireland as in England was originally parcel of the Davis rep f. 6 7. B. same Realm and derived of the Crown and was alwaies governed by the Law of England and the Lands there were holden by services and tenures of which the common law took notice although the Lord had a several jurisdiction and a signiory separated from the Crown upon consideration of which Sir Edward Coke inferreth this conclusion Cok. Com. f. 14. B. that the unity of Laws is the best means for the unity of Countries as before hath been premised Yet many of the Irish soon after absolutely refused the English Laws preferring their Irish customs which they call their Brehon Law because the Irish call their Judges Brehons and therefore in the Parliament Anno 40. Ed. 3. Cok. ib. In the Parliament holden at Kilkenny in Ireland before Lionell Duke of Clarence being the Lieutenant of that Realm the Brehon Laws were declared to be no Law but a lewd custom which fot that reason were abolished Quia malus usus est abolendus And though that by that statute the Brehon Law which was the common Law of the Irish was declared to be no Law yet was it not absolutely abolished among the meer Irish Davis reports f. 39 but only prohibited and forbidden to be used among the English race and the meer Irish were left at large to be ruled by their barbarous customs as before And therefore for that by those customs bastards had their part with the legitimate women were altogether excluded from Dower that the daughters were not inheritable though their Fathers dyed without Males by the same statute it was Enacted that no compaternity Education of Infants or Marriages be made or had between the English and others in peace with the King with the meer Irish And though the statute made by King John in Ireland and the Ordinance and writ of King Henry the third were general yet is it manifest by all the antient Records of Ireland that the Common Law of England was onely put in execution in that part of Ireland which was reduced and devided into counties and possessed by the English Colonies Vid. Davis 39. a. o. and not in the Irish Counties and territories which were not reduced into Counties until the time of Queen Mary and Queen Elizabeth For King John made but twelve Counties but the other provinces and territories which are divided into 21. Counties at large being then inhabited for the most part by meer Irish were out of the limits of any Shire ground by the space of three hundred years after the making of the former twelve Counties for it was impossible that the common Law of England should be executed in those Counties or territories for the Common Law of England cannot be put in execution where the writ of the King doth not run but where there is a County and Sheriffe or other Ministers of the Law to serve and return the writs of the King and for this cause were the meer Irish out of the protection of the King because the Law of the King and his writs as Littleton saith Littl. Tom. f. 43. are the things by which a man is protected aided and therefore the meer Irish who had no the benefit of the Law until the time of Henry the eight where any mention is made of the Wars of Ireland are culled enemies the english rebels but by the 33. H. 8. c. 1. by which it is recited that because the King of England did not assume the name stile of King the Irish Inhabitants have not been so obedient to the King of England and his Laws as of right they ought to have been It was Enacted that King Henry the eight his Heirs and Successors shall be for ever Kings of Ireland and shall have the name stile and title of the King of that land with all the honors prerogatives and dignities appertayning to the State and Majesty of a King as united and annexed to the imperiall Crown After which royall union the said difference of the English rebells and Irish enemies is not to be found on Record but all those meer Irish were afterwards reputed and accepted subjects and Leigemen to the Kings and Queens of England and had the benefit and protection of the law of England And afterwards the Irish were more averse from Rebellions and more ready to forsake their Brehon laws and to be ruled by ours the stile and title of the King of Ireland being more pleasing acceptable to them then Lord of Ireland the one denoting a tyrannical arbitrary Government Tholos Syntag. li. 13. c. 1. the other a limited power according to law and equity For such Princes as arrogate to themselves the name of Lords seem to usurp an arbitrary and plenipotentiary power over their subjects which are Proprietors of nothing but at the will of their great Lord. And therefore did the wisest of the Boman Emperors refuse to take upon them that arrogant and absolute title Davis f. 40. B. it properly appertaining only to God but under a King the subjects are free men and have property in their Goods and Frank tenements and inheritance who doth not domineer over them according to his will and pleasure but ruleth them according to Law for as Bracton Non est Rex ubi dominatur voluntas Lib. 1. c. 4. fol. 9. non Lex And accordingly the Kings and Queens of England to the intent that the Laws of England might have a free course in and through all the Realm of Ireland as is expressed in the statute of 11. Eliz. c. 9. did they provide in several Parliaments to wit 3. 4. Ph. and Mary c. 3. and 11. Eliz. c. 9. that Commissions should be awarded to reduce into Shires and hundreds all the Irish Land which were not Shire ground before And