change of the Kings title in Ireland maketh this point more questionable and suspect The second doubt is concerning one of the principall inconueniences which are alleaged namely an euasion from the reciproque oathes betweene the King and the people For seeing oathes doe altogether concerne the soule and conscience and therfore are vnderstood and ruled onely by the lawes of religion I doe not see how they should receiue construction from any nice point of positiue law The third is how all these inconueniences should be either so certaine or of such nature and qualitie that no prouision can cleere or auoide them What shall we suspect either the weaknesse of lawes or the weake wisedome of the state Shall we suspect either the wisedome of the state in making of lawes or the iustice thereof in maintaining them Are lawes now of force to hold these matters in forme and shal they not hereafter be able to doe the like Are there any such inward difficulties which lawes and policies cannot combat and ouercome For my part I think and thinke that I thinke true that the wisedome of the state is farre aboue these or any other inward incommodities especially in a Monarchie where ciuill matters are easily redressed by reason of the supreme authoritie of the Prince Neither must wee looke to enioy any notable benefit without some difficulty and inconuenience When did the cloudes make flourishing fields without trouble of moisture when did the Sunne yeeld plentifull haruest without annoyance of heate Such is the weaknesse of man that it cannot beare either good or euill simply without temperature or allay And yet me thinke although all other meanes to cleere these inconueniences should bee perplexed and hard it should bee not difficult and direct to auoide the same by changing the Common law in that point onely and by new decree to establish that the change of name in the King should not draw on an erection of a new kingdome and a dissolution of the old and that whatsoeuer hath been done or spoken by the one name should be receiued by the other And this I doe the rather hold not to bee vnreasonable for that then the Common law should herein agree with the Canon and Ciuill lawes the substance of which lawes although they be often abased by abuse is the common practise of all the world Concerning the Canon law Panormitane witnesseth The Canons attribute no force vnto names The Ciuill law is herein more plentifull and plaine for although it be true which Bartolus saith Change of name doth vsually follow change of state yet it holdeth not in conuersion that change of name doth likewise draw with it change of state but it is plainly decided to the contrary Although the name be changed yet doth the condition thereby receiue no change And this did Dioclesian Maximinian by their imperiall constitution decree or rather they declared it to haue been often decreed before that as names were freely imposed at the first so the change of them is not dangerous if it be done without deceit And therefore they that are free may lawfully change name as it hath been often ordained without any preiudice thereby to themselues The reason hereof is plaine first in nature because by change of accidents the substance doth not change secondly in law because names are imposed at pleasure and doe serue for signification of things only which so as they may be vnderstood it is little materiall what either name or meanes bee therein vsed It sufficeth onely that they bee knowne whether by one name or by another or by any description or demonstration which are equiualent to a name And sometimes it happeneth as Cicero saith that things are better vnderstood by other names than by their owne Hereupon the interpreters of the Ciuill law do agree that so long as there is no question of the bodie we are not to haue regard to the name and that disputation about names is to bee left vnto them who are obstinately contentious And this either declaration or chaunge of this point of Common law would not bee much vnlike to that which was done in the beginning of Queene Maries reigne For because in many ages before the inuasion of the Normans the souereigntie of state had not been borne by a woman some curious conceites hauing learned doubts out of leasure brought into question whether the lawes which had passed before vnder the name of King should then bee of force vnder the name of Queene Whereupon a declaration was made that whatsoeuer statute or law doth appoint that the King of this realme shall or may haue execute and doe as King or doth giue any commoditie to the King or doth appoint any punishment of offenders against the dignitie of the King the same the Queene being supreme gouernesse may by the same authoritie likewise haue exercise execute correct and doe to all intents By this meanes also another doubt may be sufficiently secured and that is a possibilitie of alienation of the Crowne of England to the line of Scotland in case his Maiesties line should determine for that being a new erected kingdom it must goe in the nature of a purchase to y◠next heire of his Maiesties fathers side Which besides that it is against the naturall order of succession which is obserued by all nations in questions for discent of Crownes besides that it is contrary to the Ciuill lawes whereby the law of nations is chiefly declared besides that the peculiar law of England in this point if it be cleere frō question is neither hard nor incōuenient to be changed seemeth also so vnlike to come to passe that it appeareth a vaine thing to busie our thoughts with feare of it But to men setled in suspition doubts doe daily multiplie and nothing is considered and cast nothing nourished with more sweete delight than difficulties and dangers All those inconueniences are set in view which ielousie or feare can any waies stirre vp which suffereth not them to see much lesse to expect or hope for those benefits whereof in reason they might stand assured In their mindes lie vanquished that forwardnesse and force which men in counsaile should especially expresse and whatsoeuer their trauailing thoughts doe suspect the same doe they most certainly expect CHAP. XIIII Of other obiections concerning matter of state forreine or matter of entercourse THe obiections which concerne matter of contract or commerce with other Princes and Common-wealths are more easie to be answered because they are not ruled by the peculiar law of any countrey but by the common law of Nations For so doe Baldus and Alciate affirme that contracts betweene Princes are not stricti iuris but bonae fidei that they do altogether reiect scrupulous interpretations and are not to bee taken either in rigorous or strict termes or els in subtill sense of positiue law vnder which colour wee doe often erre but according
Lastly both our libertie and our plentie by this meanes will encrease and we shall with farre greater both alacritie and ease sustaine the defraiments of publike affaires For generally in small principalities the people are more wronged in person and wrung in purse their estates are more neerely raked and gleaned they haue lesse aduantage both by trafficke and trade then they who liue in large dominions And this will be the accomplishment of our felicitie if by our euill either fortune or aduice we suffer not the occasion to be lost CHAP. III. Of the necessitie of this Vnion and by what meanes it may be perfected I Will not further enlarge vpon these seuerall benefits partly because I addresse not my speech to such sicke iudgements as esteeme nothing sound which doth not beare a beautifull shew partly because they appeare vnto me so certaine and plaine that I holde it not reasonable to stand and dispute them but chiefely for that this vtilitie of vnion is seconded also with a kinde of necessitie which is mightie to bend those minds that are inuincible against all other meanes For if people reduced vnder one gouernment be not therein vnited if they be set together and not into one they are like sand without lime subiect to dissipation by euery winde they are like vnto stones heaped but not compacted together easily seuered by their proper weight Hereupon Liuie saith Tolle vnitatem omnes imperij contextus in multas partes dissident Take away vnitie and all the frame of the Empire will separate into many parts Which is also confirmed by that saying of Christ A kingdome deuided cannot continue So that if any man either blinded by aduerse and peruerse destinie or else caried whether by feare the vnderminer of all determinations or by enuie the rebell to all reason shall now make offer directly or by circumstance to oppose against this Vnion and to encounter the benefits thereof with priuate respects we haue iust cause not onely to deny him audience but to beare a hard opinion of him as not knowing to what ends his thoughts are disposed It remaineth onely that wee consider by what meanes these benefits may be best assured that is by what meanes both nations may bee reduced to an inseparable imbracement To this purpose we are to respect the two parts of perfect Vnion of diuers states The first is by incorporating the people into one politicke body the second by knitting their minds in one contentment and desire euen according to that which Sant Paul saith one body and one spirit Of these two parts of Vnion the first may bee termed of law and the second of loue whereof I will speake now in order so briefly as I may not be obscure and so fully as the auoyding of tediousnes will permit CHAP. IIII. Of the bodily Vnion or Vnion by law THe bodily or politicke Vnion is no other thing but the collecting of both people vnder one common gouernment and commaund and the ioyning of them in obedience vnto one head For these two points of commaunding and obeying are the very soule of a common-wealth the absolute offices of ciuill societie the onely obiects of a perfect stateseman for as without commaund there is no direction so without obedience there is no strength as direction needeth strength so is strength vnprofitable without direction Of the first of these two Seneca speaketh This is the band of coherence in a common-wealth this is the vitall spirit which these so many thousands doe breath who would become nothing by themselues but a burthen and a pray if this soule of command be taken from them Of the second Liuie The strength of the Empire consisteth in consent of those that obey Sophocles of both There is no greater euill than want of gouernment but obedience of Subiects saueth many liues These are the two legges to support the two armes both to feede and defend the common-wealth if one of these be taken away both doe perish the vnitie of state dissolueth Idemque dominandi finis erit qui parendi fuerit and there will be saith Seneca the same period of ruling which shall be of obeying But because there is no forme of gouernment now but by lawes because lawes are the instrument and meane both of obedience and rule if followeth that there is no firme connexion in one forme of gouernment that there is not one entire and vndeuided subiection and commaund where the people are not bound together by one common law But as how cunningly soeuer a painter layeth on his colours to make two bordes seeme one yet if they be not made firme in the ioynts they will alwaies remaine and in short time appeare to be two so whatsoeuer apparances are vsed to make two states seeme one if they haue not one communitie of lawes they remaine notwithstanding and vpon small occasions will shew themselues disioynted euen in the noblest and strongest limmes of gouernment Hereupon Curtius saith They ought to be of one law who are to liue vnder one King And Tacitus lkewise affirmeth that vpon such diuersities All authoritie is ouerthrowne by continuall contradicting And this is manifest by that which happened in the infancie of the popular state of Rome when the Senate made lawes for themselues which they called Senatus consulta and againe the common people made lawes for themselues which they termed Plebiscita but herewith they were diuided in companie which was more daungerous vnto them than the inuasions of their best appointed enemies Neither could those disorders be ranged into any tolerable forme vntill by the law Hortensia the lawes of both were extended equallie vnto all Afterward for auoyding the like inconueniences the Romanes permitted 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 proprietie of lawes to no prouince which they did absolutely subdue but reduced them vnder gouernment of the Romane lawes According to which example King Iohn also planted in Ireland the lawes which were then the lawes of this realme And this made the Vnion of all the kingdomes of Spaine and likewise of little Britaine with France both more easie and also more sure because they had commonly receiued the same ciuill lawes For lawes are the common bandes of all cities and societies of men the very ligaments and nerues of euery politicke body and therefore in those countries that are ruled by different lawes though other differences may be quieted composed they cannot be This is plainely confirmed by that which Cicero saith Law and equitie are the bands of cities whereto that of Euripides is agreeable in sense 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This is that which holdeth cities together When men doe well obserue the Lawes CHAP. V. Whether all change of Lawes be daungerous to a State THIS streine peraduenture will sound harsh vnto many in whose eares suspition doth sit to beate backe the creadit of any kinde whether of perswasion or proofe From
affection to doe good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 applying the terme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to vexation and trouble Hereupon Galen also the Prince of Physitions writeth that the best in euery kind is one but the vicious or defectiue are many Plato produceth all things from one measureth all things by one and reduceth all things into one And generally all true testimonies doe agree that the greatest perfection of glory beautie stabilitie or strength is either occasioned by vnion or therein found CHAP. II. More particularly of the Vnion of the two Realmes of England and Scotland and first of the vtilitie thereof BVt to descend into particular consideration touching the vnion of these two Realmes of England and Scotland the benefits which are presented thereby are so many and manifest that the chiefest impugners thereof are not able euen in the greatest tempest of their iudgement directly to denie them onely they seeke either in silence or generalities to passe them ouer or els by propounding many difficulties to qualifie our wils from pursuing them by desire For whereas there are two respects which combine and knit people together the one a vehement feare either in preuenting or in remouing of some euill the other which is the weaker an vrgent hope and desire in attaining of some good both these doe present themselues most liuely vnto vs and from these two principall respects two principall benefits doe infallibly ensue The first is the extinguishing of warres betweene the two nations the second is the enlargement both of dominion and power Touching the first it alwaies falleth that the breaking of one countrey into diuers principalities is an assured ground of miserie and warre by reason of the diuersitie both of the interest and of the ends of those that possesse it neither is there any meanes to reduce the same into conditions of quiet but by restoring it againe to the state of Vnion This meanes hath in a short course of time altogether appeased the cruell and inueterate not onely butcheries but hate betweene the English and the Welsh and I am not assured whether the want of this hath made all other appliancies whether of clemencie or of iustice or of armes if not vnprofitable yet insufficient to represse the riotous rebellions of Ireland And how great haue been the miseries and mischiefes which haue heretofore proceeded from the warres betweene England and Scotland it may euidently appeare by seuerall consideration of the effects thereof First therefore the course of our conquests especially in France hath by this meanes been often interrupted For to this end the French haue alwaies held correspondencie with Scotland as the only way to diuert the enterprises of the English against them So that if this gap bee closed past their entrance wee haue taken from them their surest defence Secondly opportunities haue bin opened to forreine inuasion the people of both Realmes being hereby weakened the store and treasure wasted matters of themselues sufficient to beate open their gates to any one that would attempt vpon them And in truth it was vpon no other aduantage that the Saxons and after them the Danes found so easie entrance into this Realme calamities lamentable euen for strangers to heare of much more for those wretches to endure vpon whose neckes the law of destinie had laid so hard and heauie a yoke Thirdly by meanes of these warres the confines of both nations haue continually been held vnder the cruell calamitie of the sword they haue bin a nurserie of rapines robberies and murthers they haue bin not only vnprofitable but very chargeable to the State by continual maintenance of many garrisons Lastly the inner parts of both Realmes haue been often pierced and made a wretched spectacle to all eyes of humanitie and pitie wherein notwithstanding the English stood vpon the disaduantage in that they fought against them who had least to lose Now for the largenes of the benefit of enlargement of dominion wee are chiefly to consider both the nature and abilities as well of the countrie which shall be ioyned vnto vs as of the people which possesse it The countrey is if not plentifull yet sufficient to furnish not onely the necessities but the moderate pleasures of this life wherein whosoeuer is brought vp and bred hee will neuer be grieued to abide The people are great in multitude resolute in minde for seruice apt in faith assured in wils trâ—etable moderate in hopes bearing one common desire to commit their liues to any aduenture not only for the safetie but for the glorie of their state and generally their conditions so well furnished as they did neuer better than now flourish in all mortall felicities By addition of such both people and place many particular benefits will inseparably ensue And first it will bee a greater increase of dignitie and reputation to the common state than our highest thoughts can easily imagine For that which is more generall is more generous also and honorable as Decius teacheth vs for that it compriseth 〈◊〉 particulars within it which is aduowed also by that which Baldus saith that by reason of vniuersalitie a thing may be esteemed of greater worth Hereto agreeth that sentence of Salomon The honour of a King is in the multitude of people And therefore the Scripture reporteth it as a great part of his glorie that he reigned ouer all kingdomes from the riuer Euphrates to the land of the Philistims and vnto the border of Egypt and in all the region on the other side the riuer And if in our hearts may be any desires more violent than of glorie there are other effects of this encrease of dominion and power more mightie to moue vs or at the least more necessarie For hereby also our defence will bee the more assured because against the forces and felicities of these two Nations it will be so hard as almost impossible either for forreine enemie or domestical rebell to haue power to preuaile And whereas heretofore the ports of either nation haue been so many gates for inuasion of the other the borders also betweene them haue been a place of assured retreit to the rebels of both countries in case their enterprises did not succeede these passages being now closed all secret supportance withdrawne and both people knit in a common defence it will not onely frustrate the end but cut off the hope of any such attempts Further wee shall be strengthened hereby in any forreine enterprise whensoeuer time shall cut out occasions fauourable to our desires Whereas in a people rather confederated than vnited is seldom seene either a conformitie in will or a ioynt readinesse in power whether to pursue resolutely the fauour of fortune or constantlie to resist the stormes of distresse because in such enterprises as are occasioned by diuersitie of interest and draw with them diuersitie of ends disdaines distrusts and all kinde of disorders are easily kindled
things they affected a difference The like cruelties haue been exercised betweene diuers families of Italy France England Scotland and many other Christian countries the beginning whereof hath commonly risen vpon some priuate either interest or reuenge but growing into faction they haue been prosecuted and continued either onely or principally vpon difference in name Hereupon Dio writeth that Maecenas counsailed Augustus that it was the fairest meanes to cut off emulation and hate not to permit vaine names or any other thing that might hold men in difference And so D. Haillan noteth that to make a perfect reconcilement betweene the Dukes of Burgundie and Orleans in the time of Lewes the cleuenth the factious names of Burguignion and Orleannois were taken away So likewise the Adorni and Fregosi two families in Genoa after they had wearied and almost wasted themselues with mutuall cruelties left their old names as the onely meanes both to draw on and holde their reconcilement And this did S. Paul in good time foresee when he blamed the Corinthians for diuiding in name some holding of Paul some of Apollos and some of Cephas Seeing then that the bearing of one name is a meane to knit men in affection and friendship seeing also that difference in name doth often mainteine men in diuision of mind what shall we say of them who more contemning the benefit of Vnion than examining the parts and circumstances thereof doe openly obiect that they see neither vrgent necessitie nor euident vtilitie in comprehending the English and the Scots vnder one common name that they finde no griefe in their present state and can foresee no aduancement to a better condition by this change Shall we say that their iudgment is captiuated by affection I cannot I dare not I will not hold that opinion of them I rather feare that some euill destinie driueth them on For it is an ordinarie thing that when any hard aduenture approcheth it blindeth the eyes of men that they cannot discerne it bindeth their hands that they cannot helpe making them oftentimes both contriuers and executioners of their owne mishap Assuredly in regard of amitie there is manifest profit in communitie of name in regard of perfect Vnion it seemeth necessarie For seeing as Iustinian saith names doe serue to discerne and distinguish one thing from another it is a rule commonly receiued that one thing should not principally beare two diuers names Hereupon Baldus concludeth that vpon diuersitie of names we are to presume diuersitie of bodies For euery thing is to be distinguished by the proper name So then the bodily Vnion as it seemeth is not perfect where there is a seuerance and distinction in name much lesse can two people be perfectly knit in affection and will so long as they stand deuided in those names whereby one of them hath lately been very odious to the other So long as they stand deuided in those names of hostilitie and hate not hauing any common name to comprise them both euery small accident as it often happeneth may be an occasion to sort them into sides and the combining of them otherwise vnder one dominion may proue to be like an vnperfect cure whose fore may afterward more dangerously breake forth CHAP. XII What common name is most fit to comprehend the English and the Scots and whether the like change of name hath been vsuall or no. BVt no common name can be so fit to comprise as well the people as the countries of England and Scotland as is the name of Britaine First for that it hath been heretofore the auncient common name of all the inhabitants within this I le and a thing may easily bee reduced to the first condition and state Secondly for that since this part of the Iland was called England by appointment of King Egbert yet was not the name of Britaine altogether cast off but was often applied as well to the kingdome as to the inhabitants and by them willingly acknowledged and sometimes assumed King Alfred was intituled Gouernor of the Christians of all Britaine King Eldred did write himselfe Magnae Britanniae temporale gerens Imperium King Edgar was stiled Monarch of all Britaine King Henry the second was intituled King of all Britaine Duke of Gaescoine Guienne and Normandie King Iohn had his coyne stamped with this inscription Iohannes Rex Britonum Iohn King of Britaines And generally in all ages but chiefly since learning began last to lift vp the head the best writers of all nations haue termed the inhabitants of this realme as well Britaines as English Thirdly for that howsoeuer the parts of this Iland haue changed name one part being called England another Scotland and the third Wales yet the whole Iland from before the inuasion of the Romanes vntill this present time hath alwaies held the name of Britaine according to that which Bartolus teacheth By assuming a speciall name the generall name is not extinguished So that it seemeth reasonable that as by seuerance of the soueraigntie of the whole Iland the kingdomes thereof grew into difference of name so the same kingdomes being now drawne into one it now beare the name of the whole Iland againe And that especially for two respects The first is a ground of the ciuill law Nomina debent esse consequentia rebus Names must follow the nature of things The second is a custome commonly receiued whereof Bartolus maketh mention Quando quis mutat statum semper mutatio nominis fit Change of state is alwaies accompanied with change of name And chiefly in this change of state when diuers kingdomes are contracted into one the change of name doth vsually ensue and that without distinction whether the Vnion hath growne by conquest or by mariage or by blood or else by mutuall confederation and consent Hereupon Seneca saith Assiduus humani generis discursus est quotidie aliquid in tam magno orbe mutatur noua vrbium fundamenta iaciuntur noua gentium nomina extinctis nominibus prioribus aut in accessionem validioris conuersis oriuntur Mankind is in continuall motion euery day something is changed in this great world new foundations of cities are laid new names of nations are raised the first names being extinguished or else made an addition to a greater So Tacitus writeth that diuers people beyond the Rhene ioyning together vpon occasion of enterprise left their auncient names and were called Germanes being a new name of their owne inuention The same people are now also called Almans not vpon any conquest but either because of their courage and strength or else which I esteeme more probable because they were a confluence of all sorts of people Those Germanes who bordered vpon the Ocean betweene the mouthes of the riuers Elbe and Rhene where the Chauci and the Cananifates were placed by Tacitus ioyning together in armes to recouer their libertie against the Romanes Precopius writeth that vpon euent of
diuers victories they changed name and called themselues Franci which in the Germane language signifieth free men Whereto agreeth that which Tacitus saith in describing their first victorie against the Romanes They are honored with great fame through Germanie and Gallia for authors of libertie These French in course and compasse of time seated themselues in Gallia and gaue name to the kingdome of that place But after the death of Clodoueus the first this kingdome of France was deuided among his foure sonnes whereupon new titles were erected Childebert being King of Paris Clodomir of Orleans Clotair of Soissons and Theodoric a bastard being King of Metz. After the death of Clotharius the like deuision was made among his sons none of them being entituled King of France Both these diuisions were vnited againe by right of blood whereupon these particular titles did cease and were changed into the auncient and generall name of France In Italy Aeneas hauing attained a state by mariage and collecting diuers people into one Liuie saith He ioyned them in one law and called them by one name Latines Afterward when the Romanes and the Sabines did knit together into one people it was vnder one common name Quirites The countrie of Spaine by meanes of diuers conquests of the Gothes Vandals and Moores was devided into many seuerall kingdomes not one of them bearing the name of Spaine These being vnited againe part by conquest and part by inheritance Charles the fifth comprehended them all vnder the auncient and generall name of Spaine I omit the Agarens who changed their name and would be called Saracens as bearing themselues descended from Sara the free-woman and not from the bond-woman Hagar I omit the Heluetians who now by confederation are called Suitzers which name was occasioned by the little village Suitz for that the inhabitants thereof were the first attempters of popular libertie I omit many other both voluntarie and casuall changes of name and will conclude this matter with one example of our owne nation When Egbert King of the West-Saxons had brought the Heptarchie of the Saxons vnder one scepter he changed not the names of the subdued kingdomes onely he respected not that he was possessed of the kingdomes of West-Saxons and of Sussex by right of blood whereof the first had continued in the progenic of Cerdicius from whom he was descended about 300. yeares the other had been annexed thereto almost 200 yeares before but changed the names as well of them as of the rest into one common name of England So that if we free our minds from rashnesse and dulnesse the two plagues of iudging right if wee esteeme these and the like proceedings by their naked nature and not by apparances onely and shifts we shall cleerely discerne that it is so farre from wanting example that there is scarce any example to the contrarie that diuers people haue perfectly and for long continuance combined together whether by conquest confederation or right of blood but it hath been vnder one common name But howsoeuer the tried truth doth stand it cannot be made so plainely to appeare but an itching tongue may rub against it To men fearefull or suspicious all fancies and coniectures seeme matters of truth and words doe easily slide into minds that are enclined to beleeue CHAP. XIII Of certaine obiections concerning matters of state inward or matters of law BVt because wee haue eares as well as tongues and the lightest reasons will seeme to weigh greatly if nothing bee put in the ballance against them let vs consider what other obiections are made against this Vnion of name and whether they be worthie either of yeelding or of answering It is said that this alteration of name will ineuitably and infallibly draw on an erection of a new kingdome or state and a dissolution and extinguishment of the old and that no explanation limitation or reseruation can cleere or auoyde that inconueniencie but it will be full of repugnancie or ambiguitie and subiect to much varietie and danger of construction That diuers speciall and seuerall confusions incongruities and mischiefes will necessarily and incidently follow in the present time As in sommoning of Parliaments and recitall of the acts of Parliament In the seales of the kingdome In the great offices of the kingdome In the lawes customes liberties and priuileges of the kingdome In the residence and holding of such courtes as follow the Kings person which by the generalitie of name may be held in Scotland In the seuerall and reciproque oathes the one of his Maiestie at his coronation which is neuer iterated the other in the oathes of alleageance homage or obedience made and renued from time to time by the subiects All which acts instruments and formes of gouernment with a multitude of other formes of records writs pleadings and instruments of a meaner nature runne now in the name of England and vpon the change would bee drawne into incertaintie and question In truth this is much if there bee much truth in it But for my part I wil not take vpon me either to determine or dispute what the law of the realme is cōcerning either this generall point of erection of a new state by alteration of name or the particular inconueniences which for the present will ensue referring my selfe herein to the learned Iudges and professors of the same Yet vnder the fauour and leaue of their iudgements I will propound only two or three doubts which will serue much to the cleering of this question protesting therewith that I beare herein rather a desire to be satisfied than a purpose to contend The first is how wee may bee assured that by the common lawes of England the change of name doth infallibly inferre an erection of a new kingdom and a dissolution of the old For the Common law is commonly taken for the common custome of the realme and therefore in making proofe thereof we vsually heare alleaged either Iudgements and presidents in cases of the same nature or else arguments drawne from cases somewhat like But this case in question hath not hitherto been thus determined by the common lawes of England because the name of a kingdome hath not bin changed since our common lawes were therein planted Or if it were changed by King Henry the second and by King Iohn who stiled themselues Kings of Britaine then was it without dissolution of the state As for arguments à similibus I doe not see of what force they can be in case of the Crowne because by the lawes of this realme the Crowne is not touched much lesse ruled and ordred either by generall termes or by implication neither doth any act concerne the same if expresse mention be not thereof made Againe if the change of name doth infallibly inferre the erection of a new kingdome it seemeth that the King hath power by vertue of his Proclamation to dissolue the whole state and erect a new Lastly the little alteration which ensued the
to the law of Nations according to naturall equitie boni viri arbitrio according to a good mans conscience according to plaine and direct meaning according to right and vpright iudgement that they are farre from all fine fetches and streines much more from malice and plaine deceit that they intend no subtiltie but simplicitie which Baldus saith is the best interpreter of the law of nations For the law of nations obserueth onely the simple truth the simple truth onely is followed by good and faithfull meaning and no interpretation in this case is taken for good which doth not sound well to common mens eares This same is by diuers others also very largely affirmed Decius Hottoman Decianus and Chassaneus doe write that all contracts with princes and common-wealthes are bonae fidei The Canon law forteth contracts of leagues of truce and of peace as pertaining to the law of nations Cicero saith that equitie is the obiect of Foecial law that it pertaineth to lawyers to weigh words and syllables and not to the professors of militarie simplicitie which is so many waies fauored by the law It is free and secure saith Tacitus and after him Alciate and farre from the cunning practises of courts of Plea And therefore Guicciardine and Sleidan doe worthely blame Charles the fifth and Lewes King of France because they brought interpretations of words and of contracts which were more fit for Lawyers than for a Prince So then by these opinions thus grounded it cannot hold true that vpon change of name leagues treaties forren freedomes of trade and trafficke forren contracts may bee drawne into question and made subiect to quarrell and cauillation which is further expressely denied by Panormitane in these words Contrahens in propria persona efficaciter obligatur licet mutauerit sibi nomen est ratio quia nomina sunt inuenta significandorum hominum gratia Sed ex quo constat de corpore non est curandum de nomine He that contracteth in his proper person is effectually bound although he shall change his name the reason is because names were inuented to signifie men But where the body is certaine we must not haue regard to the name And Vlpian one of the authors of the Ciuill law in like manner aduoweth If we disagree about the name but the body is certaine there is no doubt but the contract holdeth good And therefore if any Prince shall vse pretence of change in name as a leap from his contract whether of consederation or commerce hee exposeth himselfe thereby both to the hatred and reuenge of other Princes as one that violateth the law of nations His fact shall be no more either allowed or followed than was that of Pericles who hauing passed a promise of safetie to his enemies Si ferrum deponerent slew them for that they had iron buttons vpon their caslocks Or that of the Plataeenses who hauing couenanted to restore certaine prisoners deliuered them slaine Or that of Alexander who hauing conditioned safe departure to certaine souldiers which had held a citie against him slew them when they were a little vpon their way Or that of the Romanes who hauing couenanted that they should take halfe the ships of Antiocâ—us brake all his ships in pieces and tooke halfe of euery ship Or that of those Romanes who being discharged by Anniball vpon oath to returne if other captiues should not be deliuered for them supposed themselues to be free of their saith for that presently after they were departed out of the camp they returned againe as hauing forgotten to take something with them Or that of Agnon Cleomenes and of the Thracians who hauing made a surcease of armes for certaine daies attempted hostilitie against their enemies in the night Or that of the Graecians who hauing bound themselues for deliuerie of ships deliuered them without ruthers oares or sailes Or that of the Locrians who hauing contracted perpetuall peace so long as they should tread vpon that earth and beare those heads vpon their shoulders shaking forth some earth which they had priuily put within their shooes and casting away those heads of onions which they had laid vpon their shoulders they brake sodainly into warre against those who by this abuse had been made secure Or that of Ariandes and the Persians who hauing couenaâ—ed friendship so long as that earth should stand by sincking the earth whereupon they stood which had been of purpose made hollow before they did beare themselues discharged of their oath Or that of the Perusini in Italy who hauing made peace with the Pope so long as they should beare de vite in their bodies which word in the Italian language signifieth both life and vine hauing cast away certaine vine-branches which they did beare secretely in their bosomes they surprised the Pope with vnexpected armes These and the like subtill and sophisticall sleights haue alwaies been equalled to flat falsehood and violation of faith they haue alwaies been esteemed beneath the degree of any base rayling or reproch And whosoeuer doth vse such auoydances and shifts they are neuer to be held assured in faith because they will not want one euasion or other when occasion shall serue for their aduantage But as I said before in contracts of this high nature it is both dishonourable and vniust not onely to inferre fraudulent interpretations but to inforce contentioÌ„s vpon any strict poynts of law which as Decianus saith in fauourable contracts are neuer regarded because by too much subtiltie they doe often ouerthrow the truth of meaning For nothing is more contrarie vnto truth than ouer sharpe subtiltie vpon words Of no lesse truth can it be that the Kings precedence before other Christian kings which is gouerned by antiquitie of kingdomes and not by greatnesse may by this change of lawes be endaungered and place turned last because it is the newest For by the common law of nations the equitie whereof is held to be most liuely expressed in the Ciuill law so long as the people doe remaine the same and loose no point of their libertie and honor there can be no inward change whether of name of seate of title or of forme of gouernment whereby the dignitie of their state may be endaungered Of name I haue sufficiently written before And concerning change of state it was the same Empire whose principall seate was at Rome and at Constantinople and at Rauenna and at Prage And although it looseth in one part and gaineth on the other although it be remoued thereby out of the originall seate yet doth it remaine the same Empire Euen as a field remaineth the same which looseth vpon one part by alluuion of waters and winneth vpon the other or as it remaineth the same sea which leaueth one part of earth and possesseth another or as it remaineth the same riuer which doth altogether change the channell For
this Vnion when he married his eldest daughter Margaret into Scotland King Henry the eight and all the chiefe Nobilitie of the realme expressely desired it when they laboured to haue a mariage knit betweene Edward and Mary the two yong Princes of both the kingdoms In solliciting this mariage the English made offer to communicate to the Scots the liberties and priuileges of their state and to be ioyned with them in the common name of Britaine as appeareth by a letter of the Duke of Somerset yet extant For not obtaining this mariage they led an Armie into Scotland and ioyned fight with the Scots in Muscelborough fields These attempts not succeeding our euill fortune hauing frustrated these good endeuours loe here our felicitie now offereth vs to kisse her cheeks our wish loe here and that which lately neither by amitie nor by armes we were able to effect loe here is freelie presented vnto vs. Seeing therefore our good fortune hath now concurred with the good fauour and inclination of men in opening this opportunitie vnto vs shall wee deale so farre against all good office and expectation as not to seeme content with our blisse Shall wee all shut or rather pull out our eyes because a few doe not seeme to see Or shall we like some men when a great good happeneth vnto them thinke our selues in a dreame and not haue power to taste our good Shall wee burie benefits with suspitions Shall wee labour with counsailes fearefull and broken to obscure or with dregges of doubts and iealousies to defile our owne glorie Must we be entreated like mad men to be good to our selues I feare nothing lesse in vs than such want of wisedome I feare nothing lesse than that in mindes so well instructed particular respects the bane as Tacitus speaketh of true affection should not be farre inferiour to the consideration of common greatnesse and glorie Onely I wish by way of warning that we bee not too much amazed at euerie accidentall change fearing wee know not what like a Deere which then looketh most about when he commeth to the best feede Or that we be not more regardfull of light harmes that are but in shew than mindfull to foresee least with losse of assured benefits great dangers also resolue into effects least by obstinate confirmation of our first aduice such firebrands of faction bee kindled amongst vs as cannot be quenched but in the bloud of the state It is good to ioyne action to opportunitie Time is thankfull to such as will apprehend it and fauoureth them with occasions conuenient but it was not vnfitly portrayed by Lycippus with Hindes feete and Eagles wings hairie before and smooth behinde in token that if it be not taken when it comes it cannot bee ouertaken when it is gone Fortune is seruiceable to those that are forward but they that are either carelesse or slow when aduantage is offered doe seldome manage their affaires to an honourable issue For this cause confidence for the most part is lesse hurtfull to affaires than faint feare which vnder the faire names of foresight and preuention looseth many benefits which either our owne felicitie or the industrie of other men presenteth vnto vs. It beareth shew of slow and sober warinesse but it is often supported with the insolencie and rashnesse of turbulent spirits which partly by incapacitie and partly by particular respects hold all things in confusion For timorousnesse and insolencie are commonly ioyned in the same subiect It is not foresight but feare to prouide beyond probabilitie but to cast many inconueniences either contemptible or but in shew doth sauour of some other passion of worse nature I will not proceede to charge any man with artificiall doubling first in casting forth a light labour for Vnion and then in disposing and dispersing these obiections against it I will not howsoeuer prouoked either aggrauate or apply the qualitie of this dealing But againe I will aduise for I thinke it not vnfit to be repeated that wee shew not our selues too subtill in suspitions making our owne fantasies the true measure of all our actions That by moderation of mind we rather seeke encrease of friends than by new attempts to procure daily new enemies by reason whereof in the end we must be either masters of all or scourged by all and which of these is likest to happen it may be easily coniectured if we be not set to deceiue our selues FINIS Opera â—â—nesti 〈…〉 Lib. de Parad so Lib. de quaest vet noutest In som. Scip. In Princ. lib. Deâ—itis sentenâ—â—â—sqâ—e Philos Plut lib. de dogmat Philos Alexan succession Philos. Laer. de vit Philo lib. 8. Hâ—er 1. co coâ—tra Iouin C. 〈◊〉 32. di 1. Desan tu lib. 6 1 In Timaeo 2 In Philebo 3 In Epinomide Victories hindred Inuasions occasioned Confines laid waste Inner parts distressed 〈…〉 1. 〈…〉 24. Defence Enterprise Ease Pphes 4. 1 De Clem. lib. 1 Istud est vinculum per quod resp cohaeret ille spiritus vitalis quem haec tot miliâ—trabunt nihil ipsa per se futura nisi oâ—us sraeda si mâ—â—s illa imperij subtrahatur 2 Lib. 3. Vires imperij in conssersu obedientium sunt 3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lib 10. Eiusdem iuris esse del ent qui sub todem rege victuâ—i sunt Quicquid est authoritatis crebris destiuitur contradictionibus Theoph. iust de iur gent. nat ciu § Plcbiscitum 〈◊〉 Paâ—â—â— lus 〈…〉 In supplie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 〈…〉 2 〈…〉 Seâ— answere to Dol. man p. g. 23. 〈…〉 〈…〉 Senc. 〈◊〉 Lib. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thucid. lib. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In Pomp. Annal. 1. Hist. 1. Necet priscus rigor 〈…〉 〈…〉 Ad Attic. lib. 11 Epist. 19. Dio. 52. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lâ—sâ—gere paâ—laâ—â—m 〈…〉 sâ—trâ—hâ—â—e Câ—ia Ap ad Râ—nâ—onem 1 2. Pâ—ri 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2 De clem lib. 1. Nullum animal morosiu◠〈◊〉 nullum maâ—ori artetractandum 3 Excellentibus ingeniis â—tius dâ—â—fuerit ars qua ciuem regant quam qua 〈◊〉 superent Ad Lentul ep 9 Si recta portum tenere nequeaâ— idipsum mutata velificatione assequi De Clem. lib. 1. cap. 4. Act. 4. 32. Ephes. 4. 3. Rom. 15. 5. 1 〈◊〉 1. 10. Ephes. 4. 3. Phil. 2. 2. 3. 17. 4. 2. 1. Pet. 3. 8. 1 De legib li. ◠〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2 Polit. 5. cap. 1. 2. 3 16. q. 7. l. cum oportet C. de bo quae lib. 4 Ethic. 8. ca. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In Phoeniss All these beare reuerence one to others equall neighbours and aged persons 〈…〉 Aâ—â—t Platarch in agâ—l Lib. 8. De Offic. lib. 1. Vâ—â—im as pâ—â—es paribus maxime 〈◊〉 In Pâ—adro lib. de les Patriaâ— c. cap 2. 〈◊〉 aequalis gratia c. 1 L. 1. C. vnde lib. l. si post §. si d. de bon 〈…〉 2 L. inter filâ—os C. 〈…〉 3 I.
change of title we haue an euiâ—ent example in the countrie of Bohemia For when that forme of election of the Germaine Emperor was established which is yet in vse the Duke of Bohemia had authoritie to giue his voyce in case the other sixe Electors should be equally deuided Afterward the Duke was aduanced to the title of a King which was held no such alteration in that state that his priuiledg should be thereby either renewed or lost The greatest doubt is concerning change in forme of gouernment because vpon change in forme the substance is alwaies esteemed diuers But this is not true in accidentall formes it is true in that thing onely whereof the substantiall forme doth perish When the Kings were expelled out of Rome the Monarchicall forme of that gouernment did change and thereupon the Monarchicall Empire of Rome did cease but the Empire of Rome did not therefore cease The Romane Empire did alwaies remaine although the gouernment thereof was sometimes regal sometimes popular and sometimes mixt although the soueraigntie was transferred from Kings to Consuls and from Consuls to Emperors and although these Emperours did hold sometimes by succession and sometimes by election and that sometimes of the souldiers and sometimes of the Senate and now of the seuen Electors The forme of gouernment which was accidentall did change but the substantiall forme of Empire did remaine But then doth a kingdome or Empire dissolue when it loseth the libertie and then is a state newly erected when it beginneth to bee held free either from subiection or dependancie vpon any other Of the first Vlpian speaketh Seruitutem mortalitati comparamus We compare seruitude vnto death Of the second Modestinus Eo die incipit statum habere cum manumittitur State and libertie begin together So did all those kingdomes and common-wealths cease saith Decianus which were oppressed by the armes of the Romanes and so were those states newlie erected which could free themselues from that subiection And in truth by no other meanes a state can bee said to perish or cease according to the law of Nations but either by yeelding it selfe into subiection or else by being possessed with the power and armes of externall enemies But this faileth againe in three cases First when any part is retained free For that kingdome or Empire ceaseth not whereof any parcell is held at libertie because the least part of a kingdome either for hope of restitution or for some other fauourable respect doth conserue both the name and right of the whole euen as the right of a Colledge or of an Vniuersitie may be retained in one although in one it cannot be erected Another is if a kingdome be ouerrunne and spoyled by enemies but they depart againe not holding the same in their possession and power For this is as if a field should be surrounded with waters which in short time falling away leaueth it in the same condition and state as it was before And so the riuers Niger and Tigris doe remaine the same although they run many miles vnder ground The third is when the Victorer pretendeth title to the state and intendeth onely to reigne as King CHAP. XV. Of other obiections which concerne honour and reputation NOw the last sort of obiections which concerne honour and reputation are full of very emptie easinesse and seeme to serue rather for shew than for strength to supplie number but nothing at all to encrease weight These are that by this change the glorie and good acceptance of the English name and nation will be in forreine parts obscured that no worldly thing is deerer to men than their name as we see in great families that men disinherit their daughters to continue their name much more in states where the name hath been famous and honourable that the contracted name of Britaine will bring into obliuion the names of England and Scotland that whereas England in the stile is now placed before Scotland in the name of Britaine that degree of prioritie and precedence will bee lost and that the change of name will be harsh in the popular opinion and vnpleasing to the countrey Of all these obiections the more I think the lesse I know what to thinke For as I can suspect nothing lesse than want of iudgement in those that cast these inconueniences so doe they appeare vnto me neither so certaine nor of such qualitie that for auoyding of them wee should omit an aduantage both present and of great consequence and weight Although the 7. kingdomes of the Saxons were comprised vnder the name of England yet their seuerall names do still are still like to remaine and can we imagine that the names of England and of Scotland both more famous and of longer continuance will suddenly be either worne out or obscured Cannot the name be altered but it must also be forgotten Or can wee account the name of Britaine either so new or so harsh which hath continued to bee the name generally of the whole Iland but more specially of the parts of England and Wales euer since before the inuasion of the Romanes Or shall we contend for generall precedence with them with whom we intend or at least pretend desire to be one Can prioritie and vnitie stand together Some I grant vpon fond affection to their name haue disinherited their daughters but they were neuer allowed therein by any well grounded opinion S. Augustine saith If any man disinheriteth his daughter and maketh another his heire let him seeke what Counsailer he can he shall neuer be aduised thereto by Augustine Assuredly I feare that it is with vs as with some good women who are often sick forsooth but in faith they cannot well tell where Our fancies runne that something will be amisse but neither can it be well discerned by others neither is it fully perhaps resolued by our selues Things of greatest suretie breede many doubts in mindes that are determined to beleeue the contrary whereas in matters of this nature all points are not alwaies cast into question which may possibly happen for that many inconueniences are in imagination onely many are either dissolued by time or by industrie auoided much lesse are we bound to listen vnto those who confounding feare with discretion or else couering some corrupt conceit vnder the name of foresight and preuention doe stretch their thoughts beyond probabilitie and make all doubtfull accidents as if they were certaine Agendo audendoque res Romana creuit non his segnibus consilijs quae timidi cauta vocant By doing and by daring saith Liuie the affaires of Rome tooke encrease not by these dull and heauie counsailes which timorous men doe terme warie A wit too curious in casting of doubts for the most part hurteth and hee that omitteth an opportunitie present vpon supposed dangers if they be not both certaine and also neere shall neuer aduance his owne aduantage King Henry the seuenth aimed at