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A02874 A treatise of vnion of the two realmes of England and Scotland. By I.H. Hayward, John, Sir, 1564?-1627. 1604 (1604) STC 13011; ESTC S103946 38,053 64

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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 ●●nesti 〈…〉 Lib. de Parad so Lib. de quaest vet noutest In som. Scip. In Princ. lib. De●itis senten●●●sq●e Philos Plut lib. de dogmat Philos Alexan succession Philos. Laer. de vit Philo lib. 8. H●er 1. co co●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 mili●trabunt nihil ipsa per se futura nisi o●us sraeda si m●●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 victu●i sunt Quicquid est authoritatis crebris destiuitur contradictionibus Theoph. iust de iur gent. nat ciu § Plcbiscitum 〈◊〉 Pa●●● lus 〈…〉 In supplie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 〈…〉 2 〈…〉 Se● 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. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l●s●gere pa●la●●m 〈…〉 s●tr●h●●e C●ia Ap ad R●n●onem 1 2. P●ri 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2 De clem lib. 1. Nullum animal morosiu● 〈◊〉 nullum ma●ori artetractandum 3 Excellentibus ingeniis ●tius d●●fuerit ars qua ciuem regant quam qua 〈◊〉 superent Ad Lentul ep 9 Si recta portum tenere nequea● 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 〈…〉 A●●t Platarch in ag●l Lib. 8. De Offic. lib. 1. V●●im as p●●es paribus maxime 〈◊〉 In P●adro lib. de les Patria● c. cap 2. 〈◊〉 aequalis gratia c. 1 L. 1. C. vnde lib. l. si post §. si d. de bon 〈…〉 2 L. inter fil●os C. 〈…〉 3 I.
change of title we haue an eui●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