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
auimos fraenat quae fortibus aequat Imbelles populisque duces By whose immature obit the final and entire conquest of Scotland was prevented which in all probability might have prosperously succeeded if the envious destinies hâ—â— not stopped the success of his victories or his succeeding son had beâ— a trusty Executor of his Fathers Tâ— stament but he resembled his Father in vertue no more then Dimitian did Vespasian or Commodeâ— Aâ—toninus and one day of his Fathers as Tully said of Antony waâ— more to be desired then an whole Age of his For he degenerating from his fathers worth lost all by sloth and luxury which his father had won by valour and industry permitting the new Scotch King to take all the Garrisons and Castles in Scotland and without resistance to enter the English borders and to take and burn Towns that unless he would suffer him to pull his crown from his head he could doe no less then give him battel and in a manner forced him for his honour to levy an Army who like himself raised one more fit for a court then a camp which though it in number exceeded the Scottish Army was by it hamefully defeated the particulars and event of which would I could bury in oblivion so much doth it ecclipse the ancient glory of our Nation Which singular victorie so encouraged the Scots that for the space of three hundred years they were emboldned almost without any intermission to make War with the English to their little losse and prejudice and could never be throughly quieted and appeased until the happy arrival of James the King of Scots to the crown of England upon which ensued a blessed peace and union between those two discordant and belligerant Nations an hopeful union of both Kingdoms under one natural Liege Sovereign Bacon discourse of that union at which the Scottish Nation at the instant of his Majesties reign became Denisons and the â—ostuati were naturalized Subjects of England from the time forward and besides it was a conjunction of Allegiance and Obedience of the Subjects of both Kingdoms due by nature to their Sovereign which in substance is but the uniting of the hearts of the Subjects of both Kingdoms one to the other under one Head and Sovereign Cok. L. 7. Calvins case f. 15. from which proceeded the union of protection of both Kingdoms equally belonging to the Subjects of either of them Yet was not this Union so absolute but that there were many separations and distinctions between them as that they were distinct Kingdoms governed by several judicial and municipal laws and had distinct and separated Parliaments for which reason the said King with all the forces and faculties of his mind wherein he surmounted his Predecessors endeavoured more entirely to cement and conjoin them especially by laws which are the sinews of Societies For as Sir Francis Bacon naturalization doth not take away the mark of a Forreiner but union of laws makes us entire as our selves which taketh away both destruction and separation and to that end called a Parliament without which it could not legally be brought to pass For as Sir Edw. Coke Cok. lib. 7. Calvins case f. 17. a King that hath a Kingdom by descent seeing by the Laws of that Kingdom he doth not inherit that Kingdome he cannot change those laws of himself without consent of Parliament which though solenmly propounded and ardently pursued by his Majesty in Parliament as also vigorously and judiciously seconded by many of the ablest members of the house of Commons yet were the subjects of this kingdome in this point so refractory and adverse to the subjects of the other Kingdome that no union during that Kings raign at any time in any Parliament though often times moved could be voted ordained and established Augustis tamen excidit ausis And therefore this union lasted not long for that it was not setled and pertected according to the aforesaid principles and rules neither had it so long lasted but that that provident and circumspect King did conserve those two Emulous Nations in peace and unity more by his magnificency and humanity especially towards the subjects of the other Kingdome then by the politick precepts of union by whose debonarity and bounty the Scottish mens minds were so closely bound and knit unto him that as well in Scotlend whilst the King was absent no distast or discontent did break out among them as also they forsook their stable confederacy with the French which for many ages was the Source and Origin of implacable and bloody battels between the English and Scots they being thereunto incited and assâ—â—ed by the French whereas whilst the King reigned the Scots had little Correspondence with the French and in civil comport seemed to exceed the English being ready with them chearfully to conjoâ—n their forces against the affronts of any enemy whether Spaniard or French In this peaceable posture and union did King James leave the Scots when he left this light But his Sonne succeeding wanted his Fathers Kings craft and became too rigid towards the Scots and though he knew them addicted to the reformed Religion and the Geneva discipline yet would he obtrude upon them a book of common prayer framed by the Arch-bishops and Bishops wherein was contayned several seeds of idolatry superstition false Doctrine as they averred also a Canon annexed thereunto that whosoever should oppose the same should incurr the pain of excomunication with diâ—ers other canons fraught with errors and superstitions which wonderously inflamed the Scots and exasperated them to raise seditions and to rebel against their King for as Danaeus propter mutatam a Principe vel publice vel privatim religionem patriam ob peregrinam susceptam populus saepe a principe desciscit For the changing of the Religion of ones Countrey publiquely or privatly by the Prince and imposing a strange one the people doe often rebel against their Prince as here it hapned which they managed with such violence and confidence that a royall and terrible army of the English could not fright or dismay them but cunningly by degrees drew the English into their faction who unanimously conjoyning did eradicate the Hierarchy of Arch-bishops Bishops their jurisdiction book of common prayer and canons and the like trumpery in both Kingdomes and for many years adhered to the Parliament and maintained a defensive War against those evil counsellors as seduced and withdrew his Majesty from his Parliament But in the end the Scots fell into variance with the Parliament for many particular propositions concerning the interest and power of the King and chiefly for going about to diminish the just power and greatness of his Majesty which they by their covenant as was by them pretended their allegiance and duty as subjects were obliged to support and thereupon in a grievous discontent without taking their leaves left England and quite deserted the Parliament But not long after the fatal doom and
the Parliament of England to do this homage And escuage was first invented for them and the Scots as Ployden saith against whom War was made by the Kings of England as rebels not as enemies for that they were subject to England and were within the Sea And so those of Wales were subject to the King of England Vide Ploid fol. 129. B. though they were not parcel of the body of the Realm of England And hence was it that Henry the third upon the often revolts of the Welch endeavoured to assume the territory of Wales as forfeited to himself and conferred the same upon Edward the Longshank his Heir-apparent who took upon him the name of Prince of Wales yet could not obtain the possession or any profit thereby for the former Prince of Wales continued his government for which cause between him and the said Edward Wars did rage whereof the said Edward complaining to King Henry his Father An. 1257. fol. 914. who made him this answer as Mathew Paris reciteth it Quid ad me tuâ— terra ex dono meo est Exerce vires primitivas famam excita juvenilem de caetero timeant inimici c. What is your territory to me it is of my gift Advance your primitive forces stir up your juvenile renown and as for the residue let your enemies fear you c. which according to his Fathers Heroical incouragement he fortunately enterprised for as the Comaedian to that purpose Vt quisque filium suum vult esse Terent. ita est And not long after sundry Battails were fought between the said Edward both before and after he was King of England with Leolan the last Prince of the Welch blood and David his brother until both the said Prince and his said Brother were overcome by the said Edward after he was King of England who thereby first made a conquest of Wales and afterwards annexed it to the Crown of England The territory of Wales being thus united the said King Edward used means to obtain the peoples good will thereby to strengthen that which he had gotten by effusion of blood with the good will and affection of his subjects who promised their most harty and humble obedience if it would please the King to remain among them himself in person or else to appoint over them a governour that was of their own Nation and Countrey Whereupon the cunning King projecteth a pretty policy and sendeth his Queen being then great with child into Wales where she was delivered of a Son in the Castle of Carnarvon The King thereupon sent for all the Barons of Wales and remembred them of their submiss assurance tendred according to their former proffers if they should have a governour of their own countrey and who could not speak one word of English whose life and conversation no man was able to stain or blemish and required their offered obedience whereunto they yeilding the King presented unto them his said Son born at Carnarvon Castle whom thereupon the Barons unanimously embraced for their Prince and afterwards made their homage to him at Crester Anno. 29. Edw. 1. as Prince of Wales And though the Welch Nation do not willingly acknowledge the aforesaid conquest but refer it rather to this composition yet as Sir John Davis saith Edward the first made a conquest of the Dominion of Wales Davys vep fol. 41. B. as it is expressed in his charter or statute of Rutland where it is said Divina providentia terram Walliae cum incolis suis prius nobis jure feodali subjectam in proprietatis nostrae dominium convertit coronae Regis nostri annexit And thereupon according to the course and power of conquerours as the same Author saith he changed their Laws and customs as it is also expressed in the said charter or statute For as to the Laws and customs he saith Quasdam illarum de concilio procerum regni nostri delevimus Quasdam correximus etiam quasdam alias adjiciendas faciend as decrevimus c. Some of them by the council of the Peers of our Realm have we expunged some have we corrected and also some have we determined to be made and added and as another saith divided some parts thereof into shires and appointed Laws for the government of that people Yet though the King had gained the property of that Kingdom and that the Inhabitants of it de Alto Basso as it is recited in the said charter had submitted themselves to his will yet it appears that he did admit all those who would be ruled and governed by the common Law of England which he had established among them by the said charter to have Frank Tenement and Inheritance in their Lands for there he prescribeth a form of the writ de Assize de novel disseisin de mort Dauncaster de dower to be brought of Lands in Wales according to the course of the common Law of England and when they wanted a writ of form to supply the present case they used the writ Quod ei deforceat 2. E. 4.12 A. Thus was the Dominion of Wales united to the crown of England by the valour and wisdome of Edward the first and the principality of it hath constantly since appertained to the Eldest Sons of the Kings of England Ployd Com. fol. 126. B. as Ployden saith from all time that there hath been a Prince of Wales or as Sir John Doderidge to the eldest Son or the next succeeding Heir For Henry the third first made Edward the first his eldest Son Prince of Wales and gave to him the Dominion and dignity of it and also Edward the second after he was King of England created Edward the third in his life time Prince of Wales and the Lady Mary eldest Danghter of King Henry the eight Doderidge principality of Wales fol. 39. and afterwards Queen of England did carry the title of Princess of Wales Et Sic de Similibus Yet notwithstanding this conquest by Edward the first and general submission of the Welch were there divers insurrections fomented by them against the former established Government and especially one which happened in his Raign raised by Rice up Meredick who rebelled against the King upon which all the lands of the said Meredick were confiscated as forfeited and seised by the said King Doderidge Prince of Wales fol. 8 and nominally given by his successour Edward the third to Edward the black Prince Prince of Wales for his better maintenance and honourable support and though after the death of the Father they assisted Edward the second his son in his Wars against the Scots Herbert Hen. 6. and got victories for Edward the third and stood firm during all the differences in this realm to his Grandchild Richard the second yet when the unfortunate and fatal Wars happened between the two Houses of York and Lancaster the Welchmen fell from their fidelity to the Crown hoping upon that disasterous
Communi omniâ—â— de Hibernia consensu enjoyned and established that Ireland should be Governed by the Laws of England Cok. Com. f. 1. a. 6. which he left in writing under his seal in the Exchequer of Dublin and which afterwards was confirmed by the Charter of Henry the third Davis rep f. 37. a 6. in the thirtieth year of his reign wherein is declared that for the common utility of the Lands in Ireland and the unity of those Lands that all the Laws and customs that are holden in the Kingdome of England be holden in Ireland and that the same Lands be subject to the same Laws and be ruled by them as King John when he was there did firmly enjoyn and therefore willed that all the writs of the common Law which run in England likewise run in Ireland and accordingly was it resolved Trin. 13. Edw. 1. Coram rege in Thesaurie in lenge placite that the same Laws ought to be in the Kingdome of Ireland as in the Kingdome of England and therefore as Sir John Davis saith every County Palatine as well in Ireland as in England was originally parcel of the Davis rep f. 6 7. B. same Realm and derived of the Crown and was alwaies governed by the Law of England and the Lands there were holden by services and tenures of which the common law took notice although the Lord had a several jurisdiction and a signiory separated from the Crown upon consideration of which Sir Edward Coke inferreth this conclusion Cok. Com. f. 14. B. that the unity of Laws is the best means for the unity of Countries as before hath been premised Yet many of the Irish soon after absolutely refused the English Laws preferring their Irish customs which they call their Brehon Law because the Irish call their Judges Brehons and therefore in the Parliament Anno 40. Ed. 3. Cok. ib. In the Parliament holden at Kilkenny in Ireland before Lionell Duke of Clarence being the Lieutenant of that Realm the Brehon Laws were declared to be no Law but a lewd custom which fot that reason were abolished Quia malus usus est abolendus And though that by that statute the Brehon Law which was the common Law of the Irish was declared to be no Law yet was it not absolutely abolished among the meer Irish Davis reports f. 39 but only prohibited and forbidden to be used among the English race and the meer Irish were left at large to be ruled by their barbarous customs as before And therefore for that by those customs bastards had their part with the legitimate women were altogether excluded from Dower that the daughters were not inheritable though their Fathers dyed without Males by the same statute it was Enacted that no compaternity Education of Infants or Marriages be made or had between the English and others in peace with the King with the meer Irish And though the statute made by King John in Ireland and the Ordinance and writ of King Henry the third were general yet is it manifest by all the antient Records of Ireland that the Common Law of England was onely put in execution in that part of Ireland which was reduced and devided into counties and possessed by the English Colonies Vid. Davis 39. a. o. and not in the Irish Counties and territories which were not reduced into Counties until the time of Queen Mary and Queen Elizabeth For King John made but twelve Counties but the other provinces and territories which are divided into 21. Counties at large being then inhabited for the most part by meer Irish were out of the limits of any Shire ground by the space of three hundred years after the making of the former twelve Counties for it was impossible that the common Law of England should be executed in those Counties or territories for the Common Law of England cannot be put in execution where the writ of the King doth not run but where there is a County and Sheriffe or other Ministers of the Law to serve and return the writs of the King and for this cause were the meer Irish out of the protection of the King because the Law of the King and his writs as Littleton saith Littl. Tom. f. 43. are the things by which a man is protected aided and therefore the meer Irish who had no the benefit of the Law until the time of Henry the eight where any mention is made of the Wars of Ireland are culled enemies the english rebels but by the 33. H. 8. c. 1. by which it is recited that because the King of England did not assume the name stile of King the Irish Inhabitants have not been so obedient to the King of England and his Laws as of right they ought to have been It was Enacted that King Henry the eight his Heirs and Successors shall be for ever Kings of Ireland and shall have the name stile and title of the King of that land with all the honors prerogatives and dignities appertayning to the State and Majesty of a King as united and annexed to the imperiall Crown After which royall union the said difference of the English rebells and Irish enemies is not to be found on Record but all those meer Irish were afterwards reputed and accepted subjects and Leigemen to the Kings and Queens of England and had the benefit and protection of the law of England And afterwards the Irish were more averse from Rebellions and more ready to forsake their Brehon laws and to be ruled by ours the stile and title of the King of Ireland being more pleasing acceptable to them then Lord of Ireland the one denoting a tyrannical arbitrary Government Tholos Syntag. li. 13. c. 1. the other a limited power according to law and equity For such Princes as arrogate to themselves the name of Lords seem to usurp an arbitrary and plenipotentiary power over their subjects which are Proprietors of nothing but at the will of their great Lord. And therefore did the wisest of the Boman Emperors refuse to take upon them that arrogant and absolute title Davis f. 40. B. it properly appertaining only to God but under a King the subjects are free men and have property in their Goods and Frank tenements and inheritance who doth not domineer over them according to his will and pleasure but ruleth them according to Law for as Bracton Non est Rex ubi dominatur voluntas Lib. 1. c. 4. fol. 9. non Lex And accordingly the Kings and Queens of England to the intent that the Laws of England might have a free course in and through all the Realm of Ireland as is expressed in the statute of 11. Eliz. c. 9. did they provide in several Parliaments to wit 3. 4. Ph. and Mary c. 3. and 11. Eliz. c. 9. that Commissions should be awarded to reduce into Shires and hundreds all the Irish Land which were not Shire ground before And