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A45696 The history of the union of the four famous kingdoms of England, Wales, Scotland and Ireland wherein is demonstrated that by the prowess and prudence of the English, those four distinct and discordant nations have upon several conquests been entirely united and devolved into one commonwealth, and that by the candor of clemency and deduction of colonies, alteration of laws, and communication of language, according to the Roman rule, they have been maintained & preserved in peace and union / by a Lover of truth and his country. M. H. 1659 (1659) Wing H91B; ESTC R40537 48,954 164

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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
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 jo●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 ● 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 ●ohn who as Sir Edward Coke saith 〈◊〉 the twelfth year of his raign went ●●to Ireland and there by advice 〈◊〉 grave and learned men in the ●●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 Scor●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