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
two discordant Nations as before he had done between Wales and England For which his heroick Acts the Fame of his vertue so wrought on the minds of the Scots that great contention intervening between them concerning the succession to the crown Alexander the King of Scots leaving no Heir there being twelve competitors Hollingshed who by several titles laid claim unto the crown all of them referred the decision of that royal case without any constraint and of their own good will as in the Reference is expressed to the final sentence of Edward the first who after six years discussion adjudged the case on Baliols side who indeed had the best title but upon promise to subject the crown of Scotland to him and to swear fealty and homage to him as his sovereign Lord and thereupon is Baliol crowned King of Scotland which being done King Baliol comes to Newcastle upon Tyne where King Edward then lay and there with the chief of the Nobility did swear fealty and do homage to him as their sovereign Lord except Bruce who was the next Heir to the crown King Edward thus became the sovereign Umpire and supreme Judge of Scotland to whom the Nobles as the King himself before had done appealed for Justice against the King And because King Edward would not permit King Baliol a Procurator but caused him to defend his cause himself in the Ordinary place in a rage at his return he defyeth King Edward renounceth his allegiance as illegally made without the Consent of the States Hollingshed For which King Balioll being summoned to appeare at Newcastle and refusing to come King Edward triumphantly with a mighty army invaded Scotland Barwick is first taken and afterwards the Castles of Dunbar Roxborrough Edinborrough Sterling and St. Johns and John Warren Earle of Sussex and Surrey is made Warden of all Scotland Sir Hugh Cressingham Treasurer and Bransly Chief Justice to take in his name the homages and fealties of all such at held Lands of the Crown and to be General Guardian of the whole Kingdom And notwithstanding Balioll in Parliament with the consent of the States of Scotland did tender his submission and did homage and swear fealty unto King Edward as his soveraign Lord yet is he for his former infidelity secured and sent into England but not long after though the Scots were without an head their King being in England and all their great men in captivity and subjection yet they wanted not an heart to shake off servitude and animated by one William Wallis a poor private Gentleman though nobly descended made an audacious and dangerous attempt who with a forlorn and desperate rabble like himself fell suddenly on the English Officers and slew Sir Hugh Cressingham with six thousand English recovered many Castles and regained the Town of Barwick And seconded by success so increased by ranging and rowling up and down many of the nobler sort resorting to him that within a short space his forces amounted to a copious and Warlike Army and was in a propinque possibility to have freed his countrey from subjection if the speedy succour of King Edward had not anticipated him who removing his Court to York and making that City his imperial Seat as the Roman Emperours heretofore did that with the more convenience he might quell the insulting Scots there raised an exquisite and choice Army and with three thousand men of Armes on barded horses and four thousand others armed on horse without bards and with an Army of foot answerable he encountred the confident Army of the Scots who on the onset made such terrible shouts that King Edwards Horse frighted therewith cast him off and brake two of his ribs yet neverthelesse he gets up again goes on and gains the victory In which battel Sexaginta Scotorum millia occisa fuerunt threescore thousand Scots were slain as William of Westminster numbers them among which there were two hundred Knights whereupon a Parliament being called at St. Andrews most of the great men of that Kingdome except Wallis who had escaped by flight prostrated their homage and fealty to King Edward as their supream head and King of which William of Westminster giveth this character Arma parant Scotus regno dolet esse remotus And King Edward the better to keep some in subjection and deter others from insurrection did confer most of the estates of the Earls and Barons of scotland with their titles that stood out on the English as a reward of their valour and vertue Hollingshed Ed. 3. And now it would seem that Scotland was quite conquer'd and subjected to the Crown of England they having no King nor Heir in Scotland but the King of England But as Cambden saith est Natio servitutis Impatientissimae Cambd. Brit. It is a Nation impatient of servitude and a breeder of stubborn and refractory spirits wich to their power would not stoop to the English Yoke for though they were twice overthrown by King Edward and thrice swore fealty unto him yet did they as many times falsify their faith which in military affaires is principally to be maintained Postremum est primumque tâ—eri Inter bella fidem And now again go about to contrive new commotions rejectiâ—â— Balioll their natural King for thâ— he received the Crown upon condition to subject the Crown of Scotland to the Crown of England fâ—â— which they recalled their allegianâ—â— that they had given to him and received Robert Bruce come of thâ— second branch for their King because as one of their own writer saith he had basely condiscendeâ— to enslave that Nation to whom their liberty had alwaies been 〈◊〉 dear In the History of the reformation of the Church of Scotland that they have willingly and chearfully undergone all hazard of life and means which if they should have suffered they had nothing lefâ— whereby they might be called menâ— and consequently armed with this resolution under their new head and King forced all the Wardens of Scotland to retire to Barwick whereof as soon as the King heard he sends the Earl of Pembroke and the Lord Clifford with a strong power to relieve the Wardens of Scotland whilst he prepares a potent Army to sollow making a vow that either alive or dead he would pour vengeâ—ince on the perfidious Scots In which expedition that magnaninous King falling into a sickness at Carlile adjured his son and all the Nobles about him upon their fealty that if he died in this journey they should carry his corps with them about Scotland and not suffer it to be interred until they had finally conquered the Scots As Matthew of Malmesbury Jussit corpus suumâ—ibi temauere insepultum dum tota Scotia esset finaliter acquisita An heroick resolution worthy the spirit of a conqueror but he that never stooped to enemy was forced to submit to Fate and he that was alwaies victorious was overcome by death Quae sola ultricibus armis Elatâ—s
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 Parliament of England to do this homage And escuage was first invented for them and the Scots as Ployden saith against whom War was made by the Kings of England as rebels not as enemies for that they were subject to England and were within the Sea And so those of Wales were subject to the King of England Vide Ploid fol. 129. B. though they were not parcel of the body of the Realm of England And hence was it that Henry the third upon the often revolts of the Welch endeavoured to assume the territory of Wales as forfeited to himself and conferred the same upon Edward the Longshank his Heir-apparent who took upon him the name of Prince of Wales yet could not obtain the possession or any profit thereby for the former Prince of Wales continued his government for which cause between him and the said Edward Wars did rage whereof the said Edward complaining to King Henry his Father An. 1257. fol. 914. who made him this answer as Mathew Paris reciteth it Quid ad me tuâ— terra ex dono meo est Exerce vires primitivas famam excita juvenilem de caetero timeant inimici c. What is your territory to me it is of my gift Advance your primitive forces stir up your juvenile renown and as for the residue let your enemies fear you c. which according to his Fathers Heroical incouragement he fortunately enterprised for as the Comaedian to that purpose Vt quisque filium suum vult esse Terent. ita est And not long after sundry Battails were fought between the said Edward both before and after he was King of England with Leolan the last Prince of the Welch blood and David his brother until both the said Prince and his said Brother were overcome by the said Edward after he was King of England who thereby first made a conquest of Wales and afterwards annexed it to the Crown of England The territory of Wales being thus united the said King Edward used means to obtain the peoples good will thereby to strengthen that which he had gotten by effusion of blood with the good will and affection of his subjects who promised their most harty and humble obedience if it would please the King to remain among them himself in person or else to appoint over them a governour that was of their own Nation and Countrey Whereupon the cunning King projecteth a pretty policy and sendeth his Queen being then great with child into Wales where she was delivered of a Son in the Castle of Carnarvon The King thereupon sent for all the Barons of Wales and remembred them of their submiss assurance tendred according to their former proffers if they should have a governour of their own countrey and who could not speak one word of English whose life and conversation no man was able to stain or blemish and required their offered obedience whereunto they yeilding the King presented unto them his said Son born at Carnarvon Castle whom thereupon the Barons unanimously embraced for their Prince and afterwards made their homage to him at Crester Anno. 29. Edw. 1. as Prince of Wales And though the Welch Nation do not willingly acknowledge the aforesaid conquest but refer it rather to this composition yet as Sir John Davis saith Edward the first made a conquest of the Dominion of Wales Davys vep fol. 41. B. as it is expressed in his charter or statute of Rutland where it is said Divina providentia terram Walliae cum incolis suis prius nobis jure feodali subjectam in proprietatis nostrae dominium convertit coronae Regis nostri annexit And thereupon according to the course and power of conquerours as the same Author saith he changed their Laws and customs as it is also expressed in the said charter or statute For as to the Laws and customs he saith Quasdam illarum de concilio procerum regni nostri delevimus Quasdam correximus etiam quasdam alias adjiciendas faciend as decrevimus c. Some of them by the council of the Peers of our Realm have we expunged some have we corrected and also some have we determined to be made and added and as another saith divided some parts thereof into shires and appointed Laws for the government of that people Yet though the King had gained the property of that Kingdom and that the Inhabitants of it de Alto Basso as it is recited in the said charter had submitted themselves to his will yet it appears that he did admit all those who would be ruled and governed by the common Law of England which he had established among them by the said charter to have Frank Tenement and Inheritance in their Lands for there he prescribeth a form of the writ de Assize de novel disseisin de mort Dauncaster de dower to be brought of Lands in Wales according to the course of the common Law of England and when they wanted a writ of form to supply the present case they used the writ Quod ei deforceat 2. E. 4.12 A. Thus was the Dominion of Wales united to the crown of England by the valour and wisdome of Edward the first and the principality of it hath constantly since appertained to the Eldest Sons of the Kings of England Ployd Com. fol. 126. B. as Ployden saith from all time that there hath been a Prince of Wales or as Sir John Doderidge to the eldest Son or the next succeeding Heir For Henry the third first made Edward the first his eldest Son Prince of Wales and gave to him the Dominion and dignity of it and also Edward the second after he was King of England created Edward the third in his life time Prince of Wales and the Lady Mary eldest Danghter of King Henry the eight Doderidge principality of Wales fol. 39. and afterwards Queen of England did carry the title of Princess of Wales Et Sic de Similibus Yet notwithstanding this conquest by Edward the first and general submission of the Welch were there divers insurrections fomented by them against the former established Government and especially one which happened in his Raign raised by Rice up Meredick who rebelled against the King upon which all the lands of the said Meredick were confiscated as forfeited and seised by the said King Doderidge Prince of Wales fol. 8 and nominally given by his successour Edward the third to Edward the black Prince Prince of Wales for his better maintenance and honourable support and though after the death of the Father they assisted Edward the second his son in his Wars against the Scots Herbert Hen. 6. and got victories for Edward the third and stood firm during all the differences in this realm to his Grandchild Richard the second yet when the unfortunate and fatal Wars happened between the two Houses of York and Lancaster the Welchmen fell from their fidelity to the Crown hoping upon that disasterous
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
our common Laws that as we are one and the same common-wealth so we may be governed by one and the same Laws and they participate of the same honours and priviledges which is the surest means for the consolidation of such a union for the more entire the union is the less apt will they be upon any occasions to break and the imperfection of such a union being oftentimes the Origine and cause of Revolts a direful example of which is recorded in the Annals of the Roman Republick which as it was the best estate in the world so is it the best example which as in the frontispice we have followed so will we not forsake to the end Aneus Martius was the first that conquered the Latins who having by force taken many of their Towns received many thousands of them into the City of Rome as one body but because they were not equally intreated they joyned Armes with the Tarquinians against the people of Rome and though after a bloody battail they were reunited yet was not that union durable because not entire for that the people of Rome had not inserted them in their Tribes nor admitted them to participate of their immunities and honours for which reasons the Latins conceiving themselves to be undervalued and vilified were bold to demand the freedom of the city of Rome and that one of their consuls be of their countrey which being denyed they converted their demands into Armes Yet afterwards being again reconciled upon hopes to be enfranchised first by Fabius Flaccus one of the consuls who attempted the prorogation of the Law though impeded by the Senate and afterwards by Livius Brusus who was also opposed by the people at which exasperated seeing themselves deluded they made an association with the Hetrurians and the Sabius who because they were all by affinity of promiscuous marriages consanguineans and as Florus saith Florus l. 3. c. 18. unum corpus with the people of Rome and that they had augmented that city by their valour and yet were dispised they jointly made War against the City of Rome as well those who lived in the City as those who abided in Italy which was called Bellum sociale but indeed bellum civile Ibid acivil and destructive War both to the people of Rome and the Cities of Italy that as Florus saith Nec Annibalis nec Pyâ—rhi fuit tanta vastatio the devastation and depopulation of Hanniball and Pyrrhus was not soe great such were the fatall fruits of an imperfect union Whereupon the people of Rome instructed by fad experience did condiseend to a more intire union with them and permitted them to participate of the priviledges and honors of Rome being according to their worth preferred and placed in the Senate which Claudius in Tacitus urgeth in the like case for the bringing in of the chiefest of the French into the Senate in these words Neque enim ignoro Iulios Alba Tacit. l. 11. Caruncanios Camerio Portios Tusculo ne vetera scrutemur Etruria Lucaniaque omni Italia in Senatum accites Caeter a quis neseit And needs no application But in this case the sovereign use of the Law hath almost made me to omit the necessity of Arms and to demonstrate how through the insufficiency and debility of English Colonies and the Militia in Ireland a detestable and infernal design was hatched and contrived by the rebellious and bloody Papists whereby all the Forts and Magazins in that Kingdom were to be surprized in one day and all the English Protestants massacred and all Ireland in one day to be lost had it not through the providence of God the very night before been discovered by one only Irish man servant to one Sir John Clotworthy whom Macmahon had unadvisedly trusted with the Plot by which Dublin was saved and the seizure of the Castle the Kingdomes chief Magazine prevented to which purpose many rebels of great note came to the City the day before who upon the apprehension of Macmahon escaped with the Lord Macquire that night to do more mischief with the rest of the conspirators that were that day in all the country round about within two months space murthered 200000 protestanes many of them being by intollerable tortures brought to their end besides infinit numbers who were robbed and spoiled of all they had and daily driven naked and almost famished to Dublin for reliefe with whom the City was soc filled that they were enforced for the preservation of themselves and the lives of their wives children and families to fly for succour into the severall parts of the Dominions of England and Wales O nullo scelus credibile in avo Quodque posteritas negot Sen ' câ— Toyest It equalling if not exceeding in number and cruelty the execrable and perfidious Massacre of the Protestants in France and Paris For Ireland being destitute of a Deputy and military guards Hinc Hiberniae calamitas the Lord Justices Sir William Persons and Sir John Borlace were driven to take those Arms which they found in Dublin and to arm whom they could of a â—â—â—dain to defend themselves and the places near against the approach of the enemy In this dangerous streight and perillous condition did the estates of the English in Ireland stand who for want of a setled station of English Colonies were at the point to have lost themselves and that Countrey for the English were so involved in homebred civil Wars that the Parliament of England for a present aid could send them but twenty thousand pounds and though afterwards they transported some Regiments yet for the space of ten years were they unable to free that countrey from that malignant and pestilent enemy The Trojan Wars being incomparable to it for cruelty for through our daily discords and distractions their cursed cruel crue continually augmented almost to the overwhelming and destruction of the English But when all the malignants were quelled in England and the Royalists debelled in Scotland and that Dublin was besieged by the Irish with a formidable Army and in danger of a surrender General Cromwell was sent by the Parliament of England to relieve Dublin and suppress the Irish Rebels at whose approach Colonel Jones encouraged made an unexpected and suddain sally on the enemy and valiantly repelling them put them all to flight which the General pursuing within a short space bysnarp siedges regained those strong Towns and Garrisons which the Irish had surreptitiously surprized and by degrees cleared the countrey of such seditious Irish as seduced and corrupted the well affected of that Nation and having setled it in peace and safety at his return was honoured with the thanks of the Parliament And now the provident Parliament apprehending it more safe and advantagious to prevent commotions then to suppress them ordained and appointed English Colonies to be deduced into Ireland which they committed first to the charge of Lieutenant General Ireton and after his death to the Marshalling of Lieutenant General Charles Fleetwood who afterwards for his singular care and vigilancy was by the Lord Protector made Deputy of Ireland both of them being successively Commanders in chief of a competent Army and of all the Garrisons sufficiently fortifyed and to strike the more terror into Delinquents they censured the ringleaders of that Rebellion with Capital punnishment Vt poena ad paucos metus ad omnes perveniat Cok. Com. And confiscated all the lands and goods of some and sequestrated others to the use of the Commonwealth by which Roman Model Ireland ever since hath been ruled and preserved in peace and unity the English language also being through continual commerce the common speech among them To draw all to period By this I hope it is made perspicuous that unions of Kingdoms upon conquest upon which basis the most parts of such unions have been founded being purchased by valour are possessed and setled by the sweetness of clemency power of Armes severity of clemency power of Armes severity of Laws and communication of language which is fully demonstrated by that universal union of the Roman Orb as by the particular union of England Wales Scotland and Ireland which is by those means so compleatly perfected and by the prowess and prudence of the Parliament and it's Conquering Champions fetled that as it was worthily vowed by the late King James faciam cos In gentem unam which indeed he did endeavour to have effected so it may be truly averred of the Common-wealth of England Quod fecit cos in gentem unaâ— that it hath made those several Countries one Nation which the premised Roman course being observed may so remain and continue Dum coelum stellae eandem rationem obtinent whilst the Sun and Stars run the same course With this hypothetical caution if union be softred and cherished among our selves and ambitious and envious discord shnaned which as a swelling and eminent Rock â—â—sheth in pieces the firmest commonwealth approaching it which was the ruine of the Roman commonwealth it self as the Venusine Poet. Suis ipsa Roma viribus ruit Hor. e. 15. And therefore let us lay aside all occasions of diffidence and suspition which may breed discord and dissention and remember the animadversion of St. Paul that if you bite and devour one another take heed you be not consumed one of another for humana Consilia Castig antur ubi divinis praeferuntur Thus hath the Author rudely woven a difficult work which deserves a finer thread and a neater Artist yet proposing truth for his end he hopeth it may countenance the simplicity of the stile Cok. li. 10. ep for veritatis sermo simpleâ— and his labour whatsoever it is Tacit. Agr. for the profession of truth aut laudatus aut excusatus erit yet respecting himself he is so far from the imagination of praise that he shall conceive himself favourably dealt withal if he may find pardon for his presumption FINIS
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 Ruis ille tam coufidens aut tautis cervicibus qui audeat histeriam usquequaque veram scribere Lips l. 5. c. 11. Qui non libere veritatem pronunciat proditor veritatis est Cok. l. 11. f. â—3 By a lover of truth and his Country London Printed for Thomas Brewster and are to be sold at the three Bibles at the West-end of Paul's 16â—9 To the Right Honourable William Lenthall Esq Speaker of the PARLIAMENT of the Commonwealth of England Right Honourable IT is ascribed to Sir William Paulet for Prudence that in four several Kings and Queens reigns which were obnoxious to perillous Innovations he demeaned himself so observantly and cautiously in those tempestuous and dangerous times that he constantly held his head above water and augmented his advancement when numerous Noble personages were plunged in their abyss And have not there happened almost as many pernicious mutations and factions within these four years in this State as were in the Roman Republique for the space of five hundred wherein your Honour hath so circumspectly and vigilantly steered your course that you have not only shunned shipwrack which many others did suffer but have also fixed your bottom in the harbour of felicity and at this present with the applause and approbation of all men do sit at the helm of this Commonwealth Istuc est sapere qui ubicunque opus sit animum possit flectere Terent. Hecyr. And the Author cordially wisheth that you may equal Sir Will. Paulet live within 3 years of one hundred if not exceed the years of that famous Councellor of State that as he did by your grave direction and sage advice to the great Council of this Commonwealth and by its provident resolves Tranquillity and peace may be setled in these Nations and a firm Union established and preserved in them To which purpose the Author hath been induced to present to your Honour this impolite History concerning the Union of these Nations as Marcus Terentius Varro did his Book de origine linguae Latinae to Marcus Tullius Cicero not by way of instruction to admonish you but by way of reference to be censured by you as an equal arbitrator whether it be worthy of the publique light and may tend to the publique good which is the butt burthen of his labours wherein he hath had an especial care according to his skill that as Polibius prescribeth soli 〈◊〉 bentati litaret he should sacrifice solely to truth and that neither for any â—mister conceit he should detract from any or for any favourable respect flatter any but to pouâ—trait every person according to his just proportion And if it be conceived that in some passages he hath accidentally slipped seeing he hath endeavoured to ascend the higher and slippery places he hopeth well that your Honour will be pleased to pardon his slips and over-sights they proceeding from imbecillity and not pertinacy and to cover them with his good intentioneâ— that you will be as equal towards him as he is towards the great God whom he knoweth not to have given all things to one man So beseeching the Almighty to lengthen your days to the great good of this Commonwealth he submissively taketh his leave Your Honours most devoted Servant M. H. To the READER MOst men are naturally prone to applaud the times behind them and to vilifie the present as the Poet Hoc hodie ingenium est multis Clapmar ut tempora prisca Anteferant nostris tantum laudentque quod absit And upon the dislike of every present Government are desirous of a change like the fish Sepia trouble all the waters wherein they live Rom. 13.1 whereas all Government is of Godâ— whether Monarchical Aristocratical or Democratical Dan. 2.21 who at his pleasure changeth the times and fensons and removeth and seâ—eth up Kings and therefore ought all Gods people to submit and vail to his irresistible will and to be obedient to the present God vernment introduced by hâ—â— providence whence may bâ—â— inferred that those are of a serpentine and divelish disposition who by seducing pamphlets and captious conceits imploy their turbulent spirits to scatter the seeds of sedition and to foment commotions in such novel states not with an intention of the publick good as they gloriously pretend but to make way for their peculiar interest and presumptuous preferment wherein doubtless Coelum irritant armis they vainly make War with Heaven and irritate the divine vengeance to their dismal confusion who delighting to fish in such Stygian and troubled waters Saepe piscatores capti sunt are commonly catched in their own net and like ambitious bees drowned in their own honey Examples of which we need not seek from forraign parts our Nation affording too many who through such desperate and dangerous insurrectious have wrought the ruine of their generations and themselves and not to speak of the last combustion which is like to produce the same effects and forfeitures the Author wisheth in General Quodicti piscatores sapiant that being struck with this Scorpion they may cautiously avoid the like danger and wisely shun such destructive practices for it is not his drift to trample on the afflicted nor to upbraid any one with the commemoration of their preterit exorbitancies but to draw every one within the circumference and list of peace amity and union For what an horrid and inhumane spectacle hath it been and still is to fee that the English Nation which hath alwaies been accompted fierce against their foes and faithful to their friends shall now become more fierce and faithless one against another and sheath their swords in their own bowels such an unsociable and unnatural War producing the extirpation of many noble families and tending to the destruction of the whole Nation Wherefore for our own and countryes safety be exhorted and perswaded that whereas by the unanimous valour and constant circumspection of the English those three valiant Nations of Wales Scotland and Ireland have been totally vanquished and entirely united into one Commonwealth with England and at this present made a firm quaternity and invincible phalanx against all forraign Forces to set aside all civil discords and discontents and to remove them as far from us Quantum Hyspanis Venâ—to dissidet Eridano As far as Scythia dissides from Italy or Spain from Britanny and to bend and unite our national Forces against our forraign and outlandish Enemies that thereby we may live in unity and safety among
our selves For as we are instructed by Philosophy that there are two principles of all things Concord and Discord the one dissolving and consuming all things so are we taught by it's Mistress Experience that petty states are by Concord and union augmented and grand ones by Discord and Disunion brought to confusion as the Poet pressly Discordia gaudet Permiscere fretuÌ„ coelo Sil. Ital. Vale atque his utere mecum Ode Triumphalis Ad laté Dominantem Angliam ANgusta laurus palmaque vilior Quaecunque priscis gratia honoribus Sordesoat ad famam potentis Angliae indomici Britanni Jam Roma pallet jam stupet ardua Incoepta nostrum Caesaris pudet Nunc irritos dolens labores Agricolain tacet Severum Quocunque vertis terribilem manum O Diis amata gens celeberrima Spissaeque dehiscunt Phalanges Et trepidae recidunt catervae Dii Terminales sedibus exulant Arisque cedunt quas sibi saecula Ignota rite consecrarunt Atque tuum fugiunt Triumphum Fatis negatam pergere gloria Honorque nostri Temporis invidam Transgressus en tandem Columnam Asseruit metuendus Vltra Neptunus alto stridet in aequore Tethysque late brachia porrigit Nymphas ut omnes consalutet Limite nec remoratur ullo Se prima victam plorat Hibernia Et mox Hiberno Cantaber additus Post rupta pacis bellique jura Fadifragus luit inde Scotus Laetatur Anglus jam numero pari Cui regna subsunt quatuor annuant His Fata quatuor ut per orbis Promoveat sua sceptra Partes Sic Vaticinatur J. H. Stu. Eccl. Chr. Oxon. Errata PAge 3 line 21. read abused p. 20. l. 1â— dele and. P. 35. l. 19. for praefecto r. projecte ibid. l. 22. for they r. that p 48. l. 2â— for fellows r. followers p. 51. l. 3. r. reprobâ—vit p. 53. l. 14. r. and is p. 80 l. 1. r. therethâ—â— p. 110 l. 19. r. and so P. 14. l. 2. for affinity 〈◊〉 serenity of air ibid. l. 18. r. Islands p. 117 l. 21. dele in the Parliament THE HISTORY OF The four famous Kingdoms ENGLAND WALES SCOTLAND and IRELAND VNion is the ornament and muniment of the Universe which is so orderly and closely conjoyned as no vacuity or breach is therein admittable which maks it so perpetual for which orderly union it is by the Septuagint called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and by the Latins Mundus that is beautiful For order and union adorn all things for which reason that glorious and orderly Artifice is by the holy Ghost Ailed an Host or Army and as the vulgar translation truely terms it Exercitus Itaque perfectisunt coeli tarrae exercitus corum for no battles or phalanx can be more firmly rank'd and united or better governed as Delrius on that place paraphraseth then the creatures in Heaven and Earth are disposed knit together and ruled and nothing is so comely or constant nothing so ready and obedient to their Creator and King at whose word and wink they take Armes against the impious and in a heavenly posture unite themselves to fight his battles when as the Wiseman saith Wisdom s. 7. he is pleased to make his creatures his weapons for the revenge of his enemies And as the divine power is the general Architector of union in the frame of the universe so is he the particular Author of order and anion among men to whom above all Sublunary creatures he communicated his similitude and natural inclination to order society and unity For after the Lord God had framed man of the dust of the ground or of red earth as Josephus expoundeth it Joseph Antiq. lib. 1. c. 2. whence he was called Adam which signifies red and instilled and breathed into him his own image and then also made him the Monarch and Lord of all the world subjecting all things to his power order and dominion as the Psalmist saith Psalm 8. omniae subjecit pedibus ejus and afterwards conjoyned unto him as an Adjutor like unto himself the woman as his Associate From which equality did proceed a common power to the man and wife over their family Tholosanus Syntag lib. 11. cap. 2. which is called Domestica potestas or oeconomia according to the Offices of each Sex But because the woman abuse her common power and wrought misthief to the man she was for the suture made subject to the man and the man had Maritalis potestas over the woman And it is not to at doubted but that if Adam had â—ersiâ—ted in his integrity and being confirmed had multiplyed his generations but that God who is Pater ordinis would that in order one to the other there should have been an inferiour Paraeus in Gen. 1. 28. and a superiour And that Adam who was Pater omnium Viventium should have a paternal power over all mankind by the law of nature as over a great family and that there should have been a civil dominion and subjection but altogether voluntary and comfortable and a Politeia and government and a decent order and union among men without any servile constraint or coercion according to the law of nature in which those that ruled should freely advise and those who were subject should freely obey and no that one man should lord it oâ— domineer over another For such lording rule and servile subjection were introduced after the fall oâ— Adam when servitude began to be a just punishment for sin wheâ— force and fraud the venemoâ—â— seeds of sin bad spread themselve over the face of the earth when latrocinies and rapines murthers and homicides raigned in the hearts and hands of men and threatned destruction to all mankind the sword of each devouring other which caused a separation and disunion among the Sons of Men. Then necessity brought in coercive and controling dominion which by the sword and force might curb and restrain such malefactors from perpetrating such violent and inhumane injuries and either to punish them with death or reduce them to a civil life and union Chrysosostome Musculus Cornelius de lapide Paraeus Genes 10. To which purpose God raised Nimrod for all power is of God who excelling others in vigour of body and virtue of mind by his humanity and relief to such injured and abused persons procured to himself a potent Army with which he subdued all the lawless and mischievous routs and multitudes And therefore is he said to be a mighty hunter before the Lord not onely because he excelled in might but because that he nutu ductu Dei through the divine impulse and conduct did subject the rude and barbarous Nations to the sway of his Scepter and stoutly rul'd them by the power of his sword Petavius ration Tomp lib. 2. fol. 100. who of the heathen writers is called Belus as by ours Nimred and affirmed to be the same man that did build the Tower and took upon him a new Empire over rude
Rome or the Emperors For though some of the later Writers have called all the Nations contained within the Precincts of the Roman Empire as Grotius alledgeth Romania Grotius l. 2. fo 21. Selden ib. and Gildas saith of Britanny non Britanuia sed Romania censebatur yet no such transmutation of names was ever decreed or indicted by the Senate of Rome or Edict of the Emperor Clapmar de arcan imperii For a acute Clapmar saith The Romans did little esteem talia inania simulachra such vain shadows and shews and were not sollicitous of proud names so that they might have the matter it self Of which there is an example in the Poet Virg. Aeneid 12. fo 394. when Juno had left nothing untried whereby she might impede the Trojans from invading Italy which finding her self unable to effect it at the last defired Jupiter that forasmuch as the Trojans should possess and enjoy Italy yet they should not change the name but the Latins should retain their ancient name Ne velis indigenas nomen mutare Latinos Neu Troas fieri jubeas Teucrosque vocari Which Jupiter smiling to himself casily condiscended to as a matter of no moment for so the Poet proceedeth Olli subridens hominum rerumque repertor Do quod vis me victusque volensque remitto To wind up all in a word By the premises it is perspicuous that not only the Britans but all other Nations which by conquest were forced to serve under the Roman yoke were by clemency and arms imposition of laws and transmutation of Language reduced into one moral and civil body and were as it were one countrey and one Commonwealth insomuch as by Modestinus it is called communit patria and by Claudian Gens una Hujus pacificis debemus moribus omues Quod cuncti gens una sumus But now to compare Rome with Britain if it be comely to compare great things with lesse which as the Prince of the Roman Poets Tantum inter alias caput extulit urbes Virg. Egl. 1 Quantum lenta solent inter viburna cupressi So as though for largeness and extent it being as hath been said Caput totius orbis it is incomparable yet in regard of the quality and condition of the abovesaid union it may admit some comparison for the conquerours in our Orbe Britanno did follow the tract and steps of the Roman conquerours whereby at the length upon their conquests they happily arrived at the like settlement of the union between the four discordant Kingdomes of England Wales Scotland and Ireland To begin with William the Conquerour who though he made an absolute and entire conquest of England and might have had all the Lands which he would have actually seized yet like a Roman clement conquerour he took â—â— mans estate from him Baker's History of England neither dispossessed them of any of their goods but from those whose demerit made them unworthy to hold them and would not adhere unto himâ— and the vacancy of Offices and filling up the places of those who were slain or fled was the present mean he made for preferring his followers and as William of Malmsbur saith in subjects leniter in rebeâ—â— turbide agens foeliciter omit Anglâ—â— potiebatur by intreating his subjects gently and the rebels rigorously he happily enjoyed all England For as in the body of a living creature mature doth convert food and nutriment into good blood and by degrees assimilates it to the body Sir Fran. Bacon So in union of countriâ—â— by conquest the conquerour ought to expel any part of the state conquered which he findeth so contrary as he cannot convert and assimilate it to the civil body of that state which was the current course of William the conquerour And though some Historians and Chroniclers of those times seem to vary from this assertion as Mathew of Westminster that after William the conquerour had subdued the Enlish terras Anglorum possessiones apsis expulsis successivis manu distribuit suis commilitonibus they being by degrees expelled he with his hand did distribute all the Lands and possessions of the English to his commilitions or fellow souldiers which Eodin and Ramatus Choppinus also though they had it at the second hand relate it for truth yet the contrary is manifested by his Act to one Warren a Norman of principle quality to whom he had granted the Castle of Sherborn in Norsolk But the heir of Sherborn the antient inheritour of that Castle shewing to William the conquerour that he was his subject and leigeman and did inherit the Castle by the same Law that the conquerour had allowed and established in England did therefore pray that he might hold the said Castle in peace Davys Report fo 41. the conquerour in this case did give judgment for Sherborn against Warren of which judgment Cambden maketh mention Davys ib. in the discription of Norfolk Justice Calthropp said that he had seen an antient copy of that judgment in the library of Sir Christopher Heydon at Barconsthorp in Norfolk and as Sir John Daâ—â— reporteth the contrary appeared by the book of Doomesday which in this point is of more credit then all the disconrses and chroniclers in the world wherein is contained an exact discription of all the Realm made in the time of the said King as Henry of Huntington setteth forth per Angliam ita totus regnabat quol ibi non una hida inerat de qua nu sciret cujus esset He so totally ruled over all England that there was not one hide of Land in it of which the knew not whose it was By which record it is declared that he did not take all the lands of the English into his hands and confer them on his fellows for in it is expresseâ— what Lands the conquerour haâ— in demesne to wit the Lands which were of St. Edward and are entituled Terrae Edwardi Regis and others which himself had seised upon the conquest and were entituled Terrae Regis without saying any more as is noted 49. Ed. 3.23 a And those Lands are now called the antient demesne Lands of the King or of the Crown of England and in this book the possessions of other Lands are put in certain as well as the possessions of the King and those Lands which are under other titles as Terrae Episcopi de Exeter c. And all other Lands which were in others hands and named in that book are frank free 40. Ed. 3.45 Fitz. N. B. 16. O. And also Roman like what he had purchased with his sword he possessed by his sword For as Sir Edward Coke Cok. pref l. 9. tâ—to ejus Regiminis tempore aut districtus nunquam interquievit gladius aut perpetuo manus institit capulo iterato evaginatura In all the time of his raign his drawn sword never rested or otherwise his hand was alwaies on his hilt ready to draw it again and at the first had
death of the King eveening which was juridically inflicted on him for his tyranny to prevent succeeding tyranny As in the Declaration of Parliament is express'd the Parliament was necessitated to the alteration in Government and to the setling the Government in a way of a free state which according to the practise of the Romans whom in this tractate we have chosen for a president was adjudged convenient and conducible for the good of this Nation as it was for theirs when for the tyranny of Tarquinius Superbus they did change their royal rule into the free commonwealth neither doth such a transmutation alter the substance and essence of a state for the form of a commonwealth or city being changed the commonwealth or city remaineth the same Neque enim as Grâ—tius saith refert quomode gubernetur an rege Grotius de I B. P. l. 2. c. 9. an plurium an multitudinis imperio Idem enim est populus Romanus sub Regibus Consulibus Imperatoribus Neither is it material how it is governed whether by a King or by the command of more or a multitude but the formal difference consisteth in the quality and vertue of the Governours for as learned and Judicious Patricius who was born in a free City and did compose two elaborate and accurate Volumes the first being in commendation of a free State and the second in praise of Principality comparing the one with the other affirmeth that if a Commonwealth be governed by one good man that kind of Government as it was the first so it is the best Patric dâ— Rep. l. 1. tit 1. but if through the vices and tyranny of the Prince is be devolved into a free State such Government is also to be approved and extolled lest the people being factious and carried away with lust and avarice ruine the estates of the best deserved Citizens and will not be satisfied without the effusion of blood or banishment which as the same Author saith was the overthrow of the Athenian Commonwealth and concludeth with the determination of Xenophon Patric de princ l. 1. tit 3. Omnes civiles civitates vitio eorum ruere qui illis praesunt that all civil Cities are ruined by the vices of those that have authority over them for if they be rightly governed they may be omnino perpetuae immortales altoâ—ether perpetual and immortal But to return to the point whence my Penstarted the Scors incensed with the dismal and ignominious death of their King and total deprivation of his issue from the inheritance of the Crown of England began to muster up in their mindes hostile thoughts of revenge and to dream of the conquest of England they having a title to it by their King and many Cavaliers and Royalists dormant in that State vigorously to assist them And therefore his Father being deprived of this life they treated with CHARLES his Son and Heir being then in Forreign parts upon certain Presbyterian Covenants to come and succeed his Father in that Crown which he accepting was royally by them received and solemnly crowned KING of Scotland And now the Scots proud of their Native King he being indeed a gallant Gentleman and by reason of the civil Wars brought up in the field of Mars began to prepare an Army for the Invasion of England of which the circumspect Parliament having intelligence all the actions of the Enemy being as equally known to them as their own to prevent the imminent danger which was esteem'd great they being unanimously united under one Head who before were divided and besides aided by forreign Princes upon a serious debate created Oliver Cromwell for their General as a man equivalent to so perilous a Design Sueton. who Elatus gaudio as Caesar was when by the consult of the Senate he was decreed to march against the Gaules the ancient terror of Rome to give him his due without envy or flattery with the Caesarean celerity and a compleat and well disciplined Army marched up into the bowels of Scotland wisely projecting to make it the miserable Seat of War and by provoking the Enemy to increase confidence in his Commilitons and to dishearten theirs with whom was conjoined Lieut. Gen. Lambert due fulmina belli who in the end thundered them all in pieces but they in the beginning though exceeding them in number would not adventure to hazard a battel but endeavoured by Fabian cunctations and deprivation of necessaries to weaken and diminish their forces continually retreating and drawing them into moorish and unsound places whereby many perished and divers fell into pernicious diseases so as the General was constrained to retire with the reliques of his Army towards the Sea with an intention to ship them for England which the numerous Scottish Army conceiving being well accomplished and furnished with sound and able men and sufficient necessaries pursued them at the heels and having cooped them up within a Nook of land and encompassed them within the Arms of the Sea thinking themselves sure of spoil and victory they boldly offered them battel which the General and Lambert his Lieut. General though environed with desperate extremes Veget. de mili l. 3. cheerfully and couragiously embraced Clausis in desperatione crescit audacia and with more then ordinary vigour and audacity piously excited their Commilitons being but a wearied and sick handful of men to that desperate encounter who resolving to die or gain the victory rushed with them into the battel And the General animating the Foot and the Lieut. General Lambert the Horse under the Word and Name of the Lord of Hosts obteined a glorious and wondrous Victory most of that mighty Army being slain or taken prisoners Dignos laude viros Musa vetat mori Whereas if the Scots had permitted them to passe and not forced them to fight upon such desperate straits and followed the military precept cum desperatis non est pugnandum they had made an inglorious return and the Scots had gained a fortunate opportunity upon a consequent Invasion to have subdued England 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homcr Ibâ—ad 1. But God's will was done and the General skilful how to use his Victory with his victorious Army like an irresistible inundation over-ran the whole Countrey took Edenburgh and the Castles of Leith Dundee Brent Island as also St. Johnstons and Sterling Castle a place of incredible strength and in conclusion forced their hopeful KING with the remainder of his forces secretly to fly into England for Refuge upon vain hopes of second supplies but by the divine providence being prevented and stopping his course at Worcester was by the invincible General and his couragious Commilitons who with tedious and irksome marches at the length overtook him totally deseated and utterly vanquished many Nobles of Scotland being taken and committed with many thousand other inferiour persons By which Victory the conquest of Scotland was absolutely accomplished and ever since hath been subject to