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
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
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
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
Illorum alterum alterius auâ—ilio semper eget tani res militarâ— legibus quam ipsae leges armoruâ— praesidio servatae sunt The oâ—â— hath always wanted the aid of thâ— other and as well military matterâ— are preserved by Laws as the Lawâ— themselves by the force of Arms without which they are but as a dead letter or as a bell without a clapper without life or sound By whose mutuall assistance and power the Roman Commonwealth and Empire was established and maintained in peace and union And for that reason are they by the exquisite Poet Claudian conioyned in his Commendations of Rome Claudian Stillicon Armorum legumque potens quae fundit in omnes Imperium primique dedit cunabulae juris But now to treat of them distinctly and first of armes which seem to have the prerogative as well in the retaining as in the gaining of an Empire for as Salust the great Judge of matters of State and manners of Men Fulb. l. 1. fo 64. as Mr. Fulbeck stileth him Imperium facile his artibus retinetur quibus partum est an Empire is easily retained by those Arts it was first gained And as Pansa and Hirtius advivised Caesar in Paterculus ut Principatum armis quaesitum armis teneret that he should keep that principality by Arms that he had gotten by Arms which afterwards he lost by the dismission of the Praetorian souldiers and laying his life open to his enemies perished through his clemency and security which therefore is called by that elegant Author Laudandum experieutia Consilium A councel commended by experience And therefore the Romans generally mingled clemency with safety and prudently by Colonies secured themselves from contingent commotions For usually upon their conquests did they immediately appropriate the seventh part of the territories of the conquered upon old beaten souldien in way of remuneration for their faithful service which was called Coloniarum deductio and the place 〈◊〉 self Romana Colonia and as Seneca Hic populus speaking of the Romanâ— Colonias in omnes provincias misâ—â— Lyps Pol. li. 4. fo 7. ubicunque vicit Romanus habitat Which as Lipsius saith was soliduâ— firmum respublicas provehenâ— munimentum the solid and firm fortification of promoting Common-wealths For the Roman Colonieâ—â— were fortified with trenches Rampirs and Bulwarks to defend themselves against the assaults of the Inhabitants as Danaeus colonies werâ— not deduced into the fields of the vanquished without great grief Danaeut Aphoris fol. 138. and fear of the inhabitants Itaqâ—â— vallis muris praesidio firmandae nam insidiis armis primo quoque tempore ab indigenis petuntur And therefore are they to be fortified with trenches walls and bulwarks for especially upon the first sertlement are they by force or fraud assaulted by the natives who naturally abhorring servitude use all their stratagems to undermine and overthrow them And as Florus disertly non assuetae fraenis servitutis tumidae gentium inflataeque cerâ—ices Florus li. 4. c. 12. facile alias ab imposito nuper jugo resilirent The swelling and arrogant necks of nations not accustomed to the reins of servitude would easily otherwise skip back from their new imposed yoke As the Germans did who as Florus saith were vieti magis quam domiti Florus ib. were vanquished rather then tamed Vita agricol jo 66 Grotius de J. B. P. lib. 2. cap 9. and in the end Tacitus saith did shake off the Roman yoke 〈◊〉 the valor of Arminius who defeated and slew Varus and his legions and as Grotius saith were out of the compasse of the Roman Empire whom the Britans did also seem to emulate who disdaining the Roman servitude Domiti ut pareant non ut serviant as Tacitus saith did stoutly attempt under the conduct of that valiant Queen Vaodica to regain their naturall freedom and though in that kingdom they had planted their Colonies fortified with walls and castles which they could never attain to in Germany yet they universally concurring in one resolution joyntly took Arms and on a suddain did set upon the Roman souldiers dispersed in their castles and having beaten them from their forts invaded the Colonie it self as the seat of servitude and having obtained the victory omitted no kind of rigor and cruelty in somuch as Tacitus saith if Paulinus had not incontinently repaired to their reliefe amissa Britannia foret Britanny would have been lost and could hardly be suppressed and reclaymed untill Petronius Turpilianus was sent by the Senate a man of a milder temper who by his lenity and clemency composed all differences and were from time to time more humanly and freely intreated by the succeeding Legates who by their humanity so prevailed with them as many thousands of the stoutest listed themselves in their Legions and were faithful auxiliaries to them Insomuch as when the Romans were called from Britanny into France to suppresse the Huns who molested that Countrey they were drawn to accompany them in that expedition and to assist them in their Battails and for their valour were gloriously planted in that part of France which from their name is called Brittain Thus did the Romans through the sweetness of their clemency and rigour of their Colonies transplanted and dispersed among their subdued Nations keep them in quiet and subjection and reduced them into a sociable union which Colonies Scorborerius polit lib. 10. c. as Scorbonerius a noble observer of the affairs of State were as it were a small effigies and portraiture of the Amplitude and Majesty of the people of Rome For there were one hundred threescore and three Colonies deduced and dispersed among the Roman Provinces which did sway and rule them by their power and jurisdiction and as Learned and Laborious Mr. Selden saith it is clear that divers Colonies deduced from Rome were in Britany In Foites c. fo 9. Of which he rendereth the names of four in which as Sir John Baker Historieth it Fol. 3. were contained no fewer then fourscore thousand Souldiers in pay Tuntae molis erat Romanam condere gentem Now followeth the imposition of Laws for though they inter arma silent yet after victory and conquest they conduce much to the union of Nations which the Romans also used for the compleating of the same and this is a prerogative inseparably incident to a conquerour to give and impose Laws on the conquered Coke li. 7. Calv. case fo 17. B. as Alexander in Curtius Leges a victoribus dari accipi a victis Of which Sir Edward Coke giveth this reason That seeing he that cometh to a Kingdom by conquest hath vitae necis potestatem he may at his pleasure alter and change the Laws of that Kingdom Seneca Troas for as the Tragaedian Quodounque libuit facere victori licet Which was the perpetual practise of the Romans to send their Praetors Proconsuls and Praefects into those places which
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