VNion is the ornament and muniment of the Universe, which is so orderly and closely conjoyned, as no vacuity or breach is therein admittable, which maks it so perpetual; for which or­derly union it is by the Septuagint called [...] and by the Latins Mundus that is beautiful. For order and union adorn all things, for which reason that glorious and orderly Artifice is by the holy Ghost [Page 2]Ailed an Host, or Army, and as the vulgar translation truely terms it, Exercitus: Itaque perfectisunt coeli, & tarrae, & exercitus corum; for no battles or phalanx can be more firmly rank'd and united, or better governed (as Delrius on that place paraphraseth) then the creatures in Heaven and Earth are disposed knit together and ruled: and no­thing is so comely or constant, no­thing so ready and obedient to their Creator, and King, at whose word and wink they take Armes a­gainst the impious, and (in a hea­venly posture) unite themselves to fight his battles; when, as the Wise­man saith, Wisdom. s. 7. he is pleased to make his creatures his weapons for the re­venge of his enemies.

And as the divine power is the general Architector of union in the frame of the universe, so is he the particular Author of order, and anion among men; to whom (a­bove all Sublunary creatures) he communicated his similitude, and natural inclination to order, socie­ty, [Page 3]and unity: For after the Lord God had framed man of the dust of the ground, (or of red earth, as Josephus expoundeth it, Joseph Antiq. lib. 1. c. 2. whence he was called Adam which signi­fies red,) and instilled and breathed into him his own image; and then also made him the Monarch and Lord of all the world, subjecting all things to his power, order, and dominion, as the Psalmist saith, Psalm. 8. omniae subjecit pedibus ejus, and af­terwards conjoyned unto him as an Adjutor, like unto himself, the woman as his Associate: From which equality did proceed a com­mon power to the man and wife over their family, Tholosa­nus Syn­tag. lib. 11. cap. 2. which is called Domestica potestas, or oeconomia, ac­cording to the Offices of each Sex: But because the woman abuse her common power and wrought mis­thief to the man, she was (for the suture) made subject to the man, and the man had Maritalis potestas over the woman. And it is not to at doubted but that if Adam had [...]ersi [...]ted in his integrity, and being [Page 4]confirmed, had multiplyed his generations, but that God who is Pater ordinis, would that in order one to the other, there should have been an inferiour, Paraeus in Gen. 1. 28. and a superiour And that Adam who was Pater om­nium Viventium should have a pa­ternal power over all mankind, by the law of nature, as over a great family, and that there should have been a civil dominion, and subje­ction, but altogether voluntary and comfortable; and a Politeia and government, and a decent order and union among men without a­ny servile constraint, or coercion according to the law of nature in which those that ruled should freely advise, and those who were subject should freely obey, and no that one man should lord it, o [...] domineer over another. For such lording rule and servile subjection were introduced after the fall o [...] Adam, when servitude began to be a just punishment for sin, whe [...] force and fraud (the venemo [...] seeds of sin) bad spread themselve [Page 5]over the face of the earth; when latrocinies, and rapines, murthers, and homicides raigned in the hearts and hands of men, and threatned destruction to all man­kind, the sword of each devouring other, which caused a separation and disunion among the Sons of Men. Then necessity brought in co­ercive and controling dominion, which by the sword and force might curb and restrain such malefactors from perpetrating such violent and inhumane injuries; and either to punish them with death, or reduce them to a civil life and union. Chryso­sostome Musculus Cornelius de lapide. Paraeus Genes. 10. To which purpose God raised Nimrod (for all power is of God) who ex­celling others in vigour of body and virtue of mind, by his huma­nity and relief to such injured and abused persons, procured to him­self a potent Army, with which he subdued all the lawless and mis­chievous routs and multitudes. And therefore is he said to be a mighty hunter before the Lord, not onely because he excelled in might, [Page 6]but because that he nutu & ductu Dei through the divine impulse, and conduct, did subject the rude and barbarous Nations to the sway of his Scepter, and stoutly rul'd them by the power of his sword; Petavius ration. Tomp. lib. 2. fol. 100. who of the heathen writers is called Belus, as by ours Nimred, and affirmed to be the same man that did build the Tower, and took upon him a new Empire over rude people as Petavius observeth: Testatus in Genes. 10. He also by Testatus is said to be the first King, because we read in holy Writ of none who reigned before him; Petavius ib. and by other Historians that he was the founder and hood of the Assyrian Empire, and was the first that com­posed many barbarous Nations in­to the civil and moral body of one Commonwealth: Grotius de J. B. & P. lib. 1. cap. 3. For as Grotius, plurium populorum idem potest esse caput, there may be one head of many people, which single people notwithstanding have a perfect commonalty: for it is not in a mo­ral body as in a natural, where there cannot be one head of many [Page 7]bodies, but in a moral body the same person may be head of many distinct bodies: And it were to be wished that the whole world were governed by one head in unity as it should have been by Adam if he had persevered in his persection. But sin by his delinquency entring into the world, hath sown the seeds of discord among all Nations, that since one head could never be established over them all, nor an u­nity setled by the most potent and sagest Princes and people, though some have had the ambition to e­ffect it; and one vainely wished that there were more worlds to conquer and yet could not settle two Kingdoms in union; for so perverse & crooked are all Nations and so prone to discordancy and martial occurrents, that no pro­wess nor prudence can continually contain them in obedience and u­nity, nor no compact nor league can preserve them in mutual amity, but that they will upon some feig­ned pretence break out into im­pious [Page 8]Wars and martial defiances which is an Epidemical and incu­rable contagion in this world, as it is Emphatically and divinely ex­pressed by the Prince of Poets.

Howsoever, though it be an at­tempt above possibility to reduce all Nations into a conformable uni­ty, yet is it an heroical, and glori­ous enterprise so far as may be to proceed in bringing it to perfection that thereby the lesse rapins, blood­sheds [Page 9]and slaughters may happen between them, and at the least in some parts of this Orb there may be a resemblance of another Para­dise for peace and union on earth. And for such atchievments many victorious Heroes have received immortal praise and glory, and are registred in the monuments of same, as Nimrod, Ninus, Joshua, David, Cyrus, Alexander, and the martial Romans. Seing then it is such a Divine and noble action to unite divided Nations it is worthy our study and diligence to examine by what means it may be obtained: and though the Author finds no beaten path to follow, nor publick pattern to imitate, yet it may be collected out of Classick Authors, that there are three common prin­ciples by which Princes and Com­monwealths have been instructed to enterprise that design.

The first is by leagues, of which in Commonwealths there is great necessity and utility, Scor [...]er­nerius Pa­lit. lib. 4. cap. 34. for unita vir­tus fortior, & hosti terribilior, and [Page 10]by the mutual conjunction of their minds, the one may in danger assist the other and defend each other a­gainst their enemies; and is pro­perly called peace when by treaties and agreements it is made and esta­blished, which was in prime pra­ctise among the Romans, and very profitable unto them. For as Dion saith, they by imparting aid to their friends and confederates obtained the Empire of the whole world; Flor. li. 2. cap. 16. the reason of which Florus giveth, Quiae summae faederum Romanis religie fuit, for that the Romaus very re­ligiously and devoutly observed their leagues. A notable example of which we have in Metius Suffetius whom Tulius Hostilius for breaking of a league commanded to be bound fast between two Chariots, Floras I. 1. c. 3. and drawn in pieces by swift and violent horses. A formideble ex­ample of which in sacred writ, we also read: as Simeon and Love, the sons of Juceb were cursed by their father at his denth, for that thy had violated their league made [Page 11]with Sichem and Hemor when they destroyed them and all their City contrary to their covenant. Genes. 49. In like manner the punishment of God up­on Sauls posterity was memorable for his breach of league, which Jo­shua made with the Gibeonites; when as three hundred yeers after Joshua, seaven of Sauls children and family were delivered into the hands of the Gibeonites, and crucified by them in punishment of Sauls offence. And though leagues among all Na­tions be honourable, and sacrosanct and not to be violated by humane and divine Laws, yet are they com­monly but temporary and for a time; and made for utility and not for amity. For as Livy, Com­munis utilitas ost nodus, & vinculum federis, common utility is the knot and band of league. And as the societies of men were first constitu­ted for utility, so are the unions by leagnes for utilities sake, which failing, that band and knot is bro­ken or cut in sunder. And there are too many Machivilians in these [Page 12]latter and impious times, who al­low perfidiousness and breach of faith in Princes, and that it is ne­cessary somtimes for the benefit of a state; which makes the unions by leagues to be lesse permanent and obnoxius to mutability, accord­ing to the aforefaid complaint of the ingenious Poet.

The second union of Kingdomes is compassed by marriages and affi­nity, Clapmar. de arc. imp. lib. 4. cap. 4. & therefore as an acute States­man Matrimoniorum maguorum principum maxima cura esse debet. There ought to be the greatest care of the marriages of great Princes, for that from them Wars begin and again cease, and unions of King­domes by such descents sometimes happen: But such unions also are not frequent, nor many times ve­ry constant. And though the Kingdome of Spain and House of Austria have had the felicity to [Page 13]flourish for many years by such unions and affinities, yet hath Por­tugal lately fallen from them, and the rest may be supposed not to be perpetual. And in the most flou­rishing Kingdom of France are such titles of descent, claiming by the faeminine sex, barred by the law Salique which was made by Phara­mond King of the Franconians, Tholosanus Syntag. lib. 45. cap. 4. and amended by Clodoreus, Childericus and Lotharius; by reason of which law alwaies in the Kingdome of France, as the Franconians institu­ted, the issue male, the female issue being excluded, have held the Scep­ter. Which law and custome ha­ving been controverted hath been divers times 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 [Page 14]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, [Page 15]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 [Page 16]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 [...] [Page 17]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.

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 [Page 18]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.

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 [Page 20]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 [Page 21]valuit, ut pleresque populos co­dem die hostes, dein cives habuerit. Our founder Romulus was of so great wisdome that the same day he handled the same people as ene­mies, and then intreated them as Citizens. Liv. li. 1. Flor. li. 1. cap. 3. And so Livy and Florus relate of Tullus Hostilius that after he had subjected the Albans which a long time before were a dange­rous and principal Enemy, he ru­ined and dismantled Alba, and tranferred and carried away all the goods, and the people themselves to Rome, by which the number of the Citizens was doubled, ita ut prorsus in suum corpus rediisse rursus videretur: so that it altogether seemed again to have returned into its own body. Many other ex­amples are extant in the Histories of the Sabins, Latins, and others of Italy, which as Cicero in the de­fence of Balbus saith, was the foun­dation of the Roman Empire, Illud certe sine dubitatione nostrum funda­vit imperium, & populi Romani [Page 22]nomen auxit quod princeps, & crea­tor urbis nostrae Romulus foedere Sab­ino docuit, etiam hostibus recipien­dis augeri hanc civitatem oportere, cujus authoritate & exemplo nun­quam est intermissa à majoribus nostris largitio, & communicatio civitatis. That without all doubt did chiefly lay the foundation of the Empire, and augment the ho­nour of the Roman Empire, that the Prince, and Creator, of our City, Romulus, did by the Sabine league instruct, that also this City ought to be increased by receiving enemies by whose authority and example the largition and commu­nication of the City was never in­termitted or discontinued by our ancestors. For after Cicero's time, the Emperours of Rome did not onely grant their liberties and pri­viledges to particular persons, fa­milies and houses, but to whole Cities, Vide Coke, lib. 7. Calv. case fo. 24. a. and Conntries, which is ma­nifested by the plea of St. Paul in the 21. and 22. of the Acts of the Apostles. That he was a Roman by [Page 23]naturalization, though he was a Jew by Nation, and because he was born at Tarsus in Cilicia under the obedience of the Roman Emperours he was by birth a Citizen of Rome in Europe, and that therefore it was allowed unlawful for the Tri­bune to scourge him being a Roman and uncondemned, and for the same reason, not long after, his ap­peal to Caesar was admitted by Fe­stus; which is also cleared by the constitution of Antonine, Acts 25. by which as many as were in Orbe Romano within the Roman Globe, and sub­jects of that Empire were made Roman Citizens, Grotius de I.B. & P. lib. 2. c. 9. and as Grotius faith, obtained the same rights which the Colonies and Municipies and provinces had. So as they were capable of honours and did make use of the rights and priviledges of the Romans. Nay before his age, Caesar the founder of the Ro­man Empire not onely admitted such alien enemies into the City but also honoured them with the Senators Robe, as it is said, Caesar [Page 24]Gallos in Triumphum duxit, idem in Curiam.

And when under the Empire of Claudius the question was agitated concerning the supplement of the Senate, and that the chief of the Gaules called Comata, having gain­ed the entercourse and freedom of the Roman City, did much desire also the priviledge of obtaining the honours of that City; Tac. Ann. l. 11. fo. 228. Multus (saith Tacitus,) super care varius rnmor, & studiis diversis apud principent certabatur, There was a great and various report touching that matter, which with diversity of studies and opinions was disputed and contro­verted before the Prince; yet upon the accurate oration and discussion of Claudius, the chief of the Hedues by the decree of the Senate, did obtain the priviledges of Senators in the City: from which conformi­ty, all Nations under the obedience and rule of this Roman Emperour were accounted but as one Coun­trey.

But though it was an Act above [Page 25]compare & without example, for the Romans to conquer so many mighty Princes, yet to keep them all in subjection, exceedeth admiration; for as judicious Florus, Florus lib. 4. Difficilius est provincias retinere quam parare, and sententious Seneca, parare & quaerere arduum, tenere difficilius, to whom the second Virgil seems to allude.

It is an high and hard attempt to seek and gain provinces, but a more difficult and laborious task to de­fend and retain them; for other­wise no utility will proceed of our seekings, and would do nothing else but Cribro haurire labour in vain. And therefore it is worthy our industry to search and inquire by what victories and policies the Romans for so many hundred years did keep and retain so many stub­born and stout Nations in an im­perious [Page 26]awe, and an uniformity of obedience.

The prime policy which the Romans used to tame a conque­red Nation, and to draw it into a conjuncture and union with them was clemency, which is the proper virtue of an Heroick Victor, who Lyon like is clement, and mer­ciful to the devicted. Satis est pro­strasse leoni. For though the conque­rour hath vitae & necis potestatem, and by the law of War, those who have overcome have power to rule those whom they have overcome, as they please; yet notwithstand­ing as Timoleon in Aemilius Probus, Fol. 20. Eam praeclaram ducendam victoriam in qua plus est clementiae quam crude­litatis. That is to be reputed the most renowned victory, in which there is more clemency then eruelty; and Salust, in his oration to Caefar, Qui benignitate, & clementia regnum temperavere, his jucunda, & laeta omuia fuerunt, etiam hostes aequiores quam illius cives: whosoever have tempered their Empire with be­nignity [Page 27]and clemency, to these all things were pleasant and prosperous and their enemies more civil then Citizens. Which was the constant course of the Romans in all their conquests to intreat their enemies honourably; Justin. lib. 11. and as Alexander did non quaesi victos, sed victoriae socios habere, not as slaves and servants, but as companions and citizens, as hath been before amply and fully declared and therefore surcease to prosecute this point.

But though clemency hath a great sway, among many, and con­duceth much to the union of States, Coke Com. upon Lit­tl. 392. B. yet as Sir Edward Coke saith, Et si meliores sunt ques ducit amor, tamen plures sunt ques cogit timor: Though they be the better whom Love doth draw, yet they are the more whom Fear doth force. And therefore did the Romans use more powerful and coercive policies then clemen­cy, that those that would not be allured by courteous, and civil in­treatments should be compelled by severe, and rigorous courses, as by [Page 28]Arms & Laws without which the un [...] on of Commonwealths or Empire [...] cannot consist; for as the aforesaid Florus, Florus lib. 4. viribus parantur, jure reti­nentur, which therefore I have pla­ced together, because they mutually protect each other, Just. instit principio. as Justini­an. Illorum alterum alterius au [...] ­ilio semper eget, & tani res militar [...] legibus, quam ipsae leges armoru [...] praesidio servatae sunt, The o [...] hath always wanted the aid of th [...] other, and as well military matter [...] are preserved by Laws, as the Law [...] themselves by the force of Arms, without which they are but as a dead letter, or as a bell without a clapper, without life or sound.

By whose mutuall assistance and power, the Roman Commonwealth and Empire was established, and maintained in peace and union: And for that reason are they by the exquisite Poet Claudian conioyned in his Commendations of Rome. Claudian Stillicon.

But now to treat of them distin­ctly, and first of armes which seem to have the prerogative, as well in the retaining, as in the gaining of an Empire: for as Salust, the great Judge of matters of State and manners of Men, Fulb. l. 1. fo. 64. as Mr. Fulbeck stileth him. Imperium facile his artibus retinetur, quibus partum est, an Empire is easily retained by those Arts it was first gained,

And as Pansa and Hirtius advi­vised Caesar in Paterculus, ut Princi­patum armis quaesitum armis teneret, that he should keep that principali­ty by Arms that he had gotten by Arms, which afterwards he lost by the dismission of the Praetorian souldiers, and laying his life open to his enemies, perished through his clemency and security; which therefore is called by that elegant Author Laudandum experieutia Consilium, A councel commended by experience. And therefore the Ro­mans [Page 30]generally mingled clemency with safety, and prudently by Co­lonies secured themselves from con­tingent commotions: For usually upon their conquests, did they im­mediately appropriate the seventh part of the territories of the con­quered, upon old beaten souldien in way of remuneration for their faithful service, which was called Coloniarum deductio, and the place [...] self Romana Colonia; and as Seneca, Hic populus speaking of the Roman [...] Colonias in omnes provincias mis [...], Lyps. Pol. li. 4. fo. 7. ubicunque vicit, Romanus habitat. Which as Lipsius saith, was solidu [...] & firmum respublicas provehen [...] munimentum, the solid and firm for­tification of promoting Common-wealths. For the Roman Colonie [...] were fortified with trenches, Ram­pirs and Bulwarks to defend them­selves against the assaults of the In­habitants, & as Danaeus, colonies wer [...] not deduced into the fields of the vanquished without great grief, Danaeut Aphoris. fol. 138. and fear of the inhabitants. Itaq [...] [Page 31]vallis & muris & praesidio firmandae, nam insidiis & armis primo quoque tempore ab indigenis petuntur. And therefore are they to be fortified with trenches, walls, and bulwarks, for especially upon the first sertle­ment are they by force or fraud assaulted by the natives, who natu­rally abhorring servitude, use all their stratagems to undermine, and overthrow them. And as Florus disertly, non assuetae fraenis servitu­tis tumidae gentium inflataeque cer­ [...]ices, Florus, li. 4. c. 12. facile alias ab imposito nuper jugo resilirent. The swelling and arrogant necks of nations not accustomed to the reins of servitude would easily otherwise skip back from their new imposed yoke. As the Germans did, who as Florus saith, were vieti magis quam domiti, Florus. ib. were vanquished rather then tamed, Vita agri­col. jo. 66:. & Grotius, de J. B. & P. lib. 2. cap 9. and in the end Tacitus saith, did shake off the Roman yoke [...] the valor of Arminius who defea­ted and slew Varus and his legions, and as Grotius saith, were out of the compasse of the Roman Empire [Page 32]whom the Britans did also seem to emulate, who disdaining the Roman servitude, Domiti ut pareant, non ut serviant, as Tacitus saith, did stoutly attempt, under the con­duct of that valiant Queen Vaodica, to regain their naturall freedom; and though in that kingdom they had planted their Colonies fortified with walls and castles, which they could never attain to in Germany; yet they universally concurring in one resolution, joyntly took Arms, and on a suddain did set upon the Roman souldiers dispersed in their castles, and having beaten them from their forts, invaded the Colonie it self as the seat of ser­vitude, and having obtained the victory, omitted no kind of rigor and cruelty; in somuch as Tacitus saith, if Paulinus had not incontin­ently repaired to their reliefe, amissa Britannia foret, Britanny would have been lost, and could hardly be suppressed and reclaym­ed, untill Petronius Turpilianus was sent by the Senate, a man of a [Page 33]milder temper, who by his lenity and clemency composed all diffe­rences, and were, from time to time more humanly and freely intreat­ed by the succeeding Legates, who by their humanity so prevailed with them, as many thousands of the stoutest listed themselves in their Le­gions, and were faithful auxiliaries to them. Insomuch as when the Ro­mans were called from Britanny into France, to suppresse the Huns who molested that Countrey, they were drawn to accompany them in that expedition, and to assist them in their Battails, and for their va­lour were gloriously planted in that part of France, which from their name is called Brittain. Thus did the Romans, through the sweetness of their clemency, and rigour of their Colonies transplanted and dispersed among their subdued Na­tions, keep them in quiet and subjection, and reduced them into a sociable union, which Colonies, Scorbore­rius polit. lib. 10. c. as Scorbonerius a noble observer of the affairs of State, were as it were [Page 34]a small effigies and portraiture of the Amplitude and Majesty of the people of Rome. For there were one hundred threescore and three Colonies deduced and dispersed among the Roman Provinces, which did sway and rule them by their power, and jurisdiction; and as Learned and Laborious Mr. Selden saith, it is clear that divers Colonies deduced from Rome were in Brita­ny. In Foites. &c. fo. 9. Of which he rendereth the names of four, in which as Sir John Baker Historieth it, Fol. 3. were con­tained no fewer then fourscore thousand Souldiers in pay.

Now followeth the imposition of Laws, for though they inter arma silent, yet after victory and conquest they conduce much to the union of Nations, which the Romans also used for the compleating of the same. and this is a prerogative inseparably incident to a conquerour, to give [Page 35]and impose Laws on the conquered, Coke li. 7. Calv. case fo. 17. B. as Alexander in Curtius, Leges a victoribus dari, accipi a victis. Of which Sir Edward Coke giveth this reason, That seeing he that co­meth to a Kingdom by conquest, hath vitae & necis potestatem, he may at his pleasure alter and change the Laws of that Kingdom; Seneca Troas. for as the ‘Tragaedian—Quodounque libuit facere, victori licet.’

Which was the perpetual practise of the Romans to send their Praetors Proconsuls, and Praefects into those places, which by force and power of Arms they had subdued, and to govern them according to their Laws, but quo Jure, saith Minius, Livy, l. 35. Nihil aliud praefecto dicatis, quam armis superatis, vos iis has leges im­pofuisse. Surely you can say no­thing else, but they being overcome by Arms, ye have imposed those Laws upon them: by which means as by the nerves the Romans con­joyned other Nations with them, and made one civil body of them. [Page 36]For as Livy, multitudo cealescere in unius populi corpus, Livy, li. 1. nulla alia re quam legibus potest; Coke Com. in Littl. fo. 141. a multitude by no other means can grow together in­to the body of one people but by Laws, and as Sir Edward Coke, the unity of Laws is the best means for the unity of Countries. In which the Romans excelled all other Nations, insomuch as their Laws in their flourishing estate were almost the Laws of all the world. And yet as the Lord Chauncelor Elsemore saith, Postnati, fo. 55. the Roman civil Law is taken to be the most universal and general Law. Such a deep impression did they make in all Nations who were under the Roman jurisdiction.

But to come to our Countrey, though some Zelots of our Com­mon Laws have laboured to clear them from any commixture with the Laws of other Nations, not­withstanding the several conquests of the same, yet ‘Vincat amor veri, Vincat amor patriae.’

And the truth is as Matheus We­stmeriensis saith, Britannia Romani Britanui­am per Julium Caesarem in latas leges jurare compulsam magna dignati­one coluerunt, and Camden, Britannis nec legibus suis patriis uti permissum, sed magistratus a populo Romano cum imperio & securibus missi qui jus dicerent. The Romans had Britan­ny in great estimation being compel­led by Julius Caesar to swear to their Laws, neither were they permitted to use their Countrey, and muni­cipal Laws, but Magistrates were sent from the people of Rome, with command and authority to make Laws, and command them to be kept, whence came the saying of the Ancient Poet quoted by Mr. Selden. Ib. fo. 11.

Neither is it a disparagement to our Laws to have participated of the Laws of other Nations, as some supose, but rather an Elogy for [Page 38]the Roman Laws themselves were composed of the Grecian Laws, and as Sir Francis Bacon, though our Laws be mixt as our Language, compounded of Britan, Saxons Danes, and Normans; yet did not this add lesse to them then those who would have them to stand out the same in all mutations, for no tree is so good at the first sett as at transplanting. But to proceed,

I suppose it not altogether imma­terial to add a fourth instrument which the Romans used to unite their subjected Nations, to wit, the Communication of their Lan­guage, which as Aristotle saith is [...] the Organ of society by whose Communication necessary a­ffairs passe between man and man. Lib. 1. Po­lit cap. 2. And though, Catil. fo. 5. as Salust saith, many of different kind and Languages, convening in one City, facile coales­cunt may easily grow into one bo­dy and Language; Yet in remote Cities and Nations it fareth other­wise: which moved the Romans to Communicate their language to [Page 39]forraign Nations, by rejecting theirs, thereby forcing them to ap­ply their minds to the knowledge of that without which they could have no comunication, or correspondence with them, which did very greatly conduce to the Majesty, utility, and unity of the Roman Commonwealth with other Nations. Valer. lib. 2. cap. 2. And therefore as Valerius relateth, among other Ceremonies of keeping state, this did they also with great perseverance observe, that they should not give any answer to the Graeciaus but in Latine, and also compelled them to speak by an interpreter, not onely in the City of Rome, but also in Greece, and Asia. Quo scilicet La­tine vecis honos per omnes gentes venerabilior diffunderetur, By which means also the glory of the Latine language should be more honoura­bly diffused through all Nations: and Phavorinus said that an Empe­rour might give the freedom of Rome to Barbarous Nations, but in Bar­barous words and language he could not, because those things [Page 40]which receive their force and pro­perty from that natural usage of Citizens, cannot be changed by the authority of the Senate. And in such an especial esteem had the Ro­mans their proper and mother Tongue, that in their publique Assemblies, they abstained from the use of Forreign Languages, though they were not ignorant of them: Suetonius vita Tiber. fo. 216. as Suetonius writes of Tiberius that though he could speak the Greek tongue readily, and fluently, yet he abstained fro the use of it, in the Senate, in so much, as being about to name the word Monopolium, he first craved pardon, quod sibi pere­grino vecabule utendum esset, that he was to use an Outlandish word. By which means the subjugated minds of all Nations began to suc­cumbe and fashion themselves ac­cording to the patern, and example of the Romans who were then Ter­rarum Domini, Lords of the world; as the Panegyrical Poet,

[Page 41]and did not onely submit them­selves to the observance of their laws but also to the practice of their Language. For though the Britains were, as Tacitus acknowledgeth them — validissima gens, a most valiant Nation, and more fierce then the French, and molested the Romans with more dangerous Revolts, be­ing of all Nations the last that was conquered, and the first were freed; and also at the beginning did Lin­guam Romanam abnuere, reject the Roman language, yet did they at the length, Vita Agric. concupiscere linguam Ro­manam, indeque habitus nostri honor, & frequens toga, as Tacitus speaks, affect the Roman language, Rheto­rique, the Roman habit and the like. And so deep a tincture and impressi­on did the Roman Language stamp & make in these occidental parts, that to this day, for the most part, they retain an Etymological sense of it, and in our parts of Britany, after the departure of the Romans, we deemed it a glory to draw and express all our writs, declarations, [Page 42]and other proceedings in suits of Law in the Latine language, until in these latter times they were abro­ [...]ted by Acts of Parliament, as a badge of our antient servitude; which Tacitus himself intimateth in these words Itaque humanitas apud imperitos vocabatur cum pars servi­tutis erat, Ibid. and that was called a favour and curtesie by the ignorant, which indeed was a part of ser­vitude.

A fifth may be added though lesse pertinent, that is the transmutation of names, when the victor doth change the name of the conquered Countrey, and calls it by the name of his own Countrey.

Of which, among the Roman Writers, I find some change to be made, but not by the people of Rome, or the Emperors. For though some of the later Writers, have called all the Nations contained within the Precincts of the Roman Empire, as Grotius alledgeth, Ro­mania: Grotius l. 2. fo. 21. Selden. ib. and Gildas saith of Britanny, non Britanuia, sed Romania cense­batur; [Page 43]yet no such transmutation of names was ever decreed or in­dicted by the Senate of Rome or Edict of the Emperor. Clapmar de arcan. imperii. For a acute Clapmar saith, The Romans did little esteem talia inania simulachra such vain shadows and shews, and were not sollicitous of proud names, so that they might have the matter it self. Of which there is an example in the Poet, Virg. Ae­neid. 12. fo. 394. when Juno had left no­thing untried whereby she might impede the Trojans from invading Italy, which finding her self unable to effect it, at the last defired Jupiter, that forasmuch as the Trojans should possess and enjoy Italy, yet they should not change the name, but the Latins should retain their ancient name.

Which Jupiter smiling to himself, casily condiscended to, as a matter [Page 44]of no moment; for so the Poet proceedeth,

To wind up all in a word; By the premises it is perspicuous, that not only the Britans, but all other Na­tions, which by conquest were forced to serve under the Roman yoke, were by clemency, and arms, imposition of laws, and transmuta­tion of Language reduced into one moral and civil body, and were, as it: were, one countrey, and one Commonwealth, insomuch as by Modestinus it is called communit patria, and by Claudian, Gens una,

But now to compare Rome with Britain, if it be comely to compare [Page 45]great things with lesse, which as the Prince of the Roman Poets.

So as, though for largeness and extent (it being, as hath been said, Caput totius orbis,) it is incompa­rable, yet in regard of the quality, and condition of the abovesaid uni­on, it may admit some comparison; for the conquerours in our Orbe Britanno, did follow the tract and steps of the Roman conquerours, whereby at the length, upon their conquests, they happily arrived at the like settlement of the union, be­tween the four discordant King­domes of England, Wales, Scotland, and Ireland.

To begin with William the Conquerour, who though he made an absolute and entire conquest of England, and might have had all the Lands which he would have a­ctually seized, yet like a Roman [Page 46]clement conquerour he took [...] mans estate from him, Baker's History of England. neither dis­possessed them of any of their goods but from those whose demerit made them unworthy to hold them and would not adhere unto him [...] and the vacancy of Offices, and fil­ling up the places of those who were slain, or fled, was the present mean he made for preferring his follow­ers, and as William of Malmsbur saith, in subjects leniter in rebe [...] turbide agens foeliciter omit Angl [...] potiebatur, by intreating his sub­jects gently, and the rebels rigo­rously, he happily enjoyed all Eng­land. For as in the body of a liv­ing creature, mature doth convert food and nutriment into good blood and by degrees assimilates it to the body; Sir Fran. Bacon. So in union of countri [...] by conquest, the conquerour ought to expel any part of the state con­quered, which he findeth so con­trary, as he cannot convert, and assimilate it to the civil body of that state: which was the current course of William the conquerour. And [Page 47]though some Historians, and Chro­niclers of those times seem to vary from this assertion as Mathew of Westminster, that after William the conquerour had subdued the En­lish, terras Anglorum & possessiones, apsis expulsis successivis manu distribuit suis commilitonibus, they being by degrees expelled, he with his hand did distribute all the Lands and possessions of the English to his com­militions or fellow souldiers, which Eodin, and Ramatus Choppinus also though they had it at the second hand, relate it for truth; yet the contrary is manifested by his Act to one Warren a Norman of princi­ple quality, to whom he had gran­ted the Castle of Sherborn in Nor­solk; But the heir of Sherborn, the antient inheritour of that Castle, shewing to William the conquerour that he was his subject and leigeman and did inherit the Castle by the same Law, that the conquerour had allowed, and established in England, did therefore pray that he might hold the said Castle in peace; Davys Report. fo: 41. the [Page 48]conquerour in this case did give judgment for Sherborn against War­ren; of which judgment Cambden ma­keth mention, Davys ib. in the discription of Norfolk. & Justice Calthropp said that he had seen an antient copy of that judgment in the library of Sir Chri­stopher Heydon at Barconsthorp in Norfolk; and as Sir John Da [...] reporteth, the contrary appeared by the book of Doomesday, which in this point, is of more credit then all the disconrses and chroniclers in the world, wherein is contained an exact discription of all the Realm made in the time of the said King, as Henry of Huntington setteth forth, per Angliam ita totus regnabat, quol ibi non una hida inerat de qua nu sciret cujus esset, He so totally ru­led over all England that there was not one hide of Land in it, of which the knew not whose it was. By which record it is declared, that he did not take all the lands of the English into his hands, and confer them on his fellows, for in it is expresse [...] what Lands the conquerour ha [...] in demesne, to wit, the Lands which [Page 49]were of St. Edward, and are enti­tuled Terrae Edwardi Regis, and others which himself had seised up­on the conquest, and were entitu­led Terrae Regis, without saying any more, as is noted 49. Ed. 3.23. a And those Lands are now called the antient demesne Lands of the King, or of the Crown of England, and in this book, the possessions of other Lands are put in certain, as well as the possessions of the King, and those Lands which are under other titles, as Terrae Episcopi de Exeter, &c. And all other Lands which were in others hands and named in that book, are frank free, 40. Ed. 3.45. Fitz. N. B. 16. O. And also Roman like what he had purchased with his sword, he possessed by his sword: For as Sir Edward Coke, Cok. pref. l. 9. t [...]to ejus Regiminis tempore, aut di­strictus nunquam interquievit gladius, aut perpetuo manus institit capulo iterato evaginatura. In all the time of his raign his drawn sword never rested, or otherwise his hand was alwaies on his hilt ready to draw it [Page 50]again, and at the first, had no other way to make his victory permanent but by his valour.

But after the Norman conqueror had brought under his yoke and subjection, the utmost parts of this Island, and by his continual victo­ries tamed the minds of his formi­dable enemies; he like a Roman victor, with all diligence laboured by imposition of Laws to reduce the English and the Normans into a peaceable and sociable uni­on, and accordingly propounded to himself an exact survey of all the antient Laws, as the old Laws of the Saxons, which where compounded of the British customs and their own which mention the Danish Law, Da­nellage, the Mercian Law, Mercem­lage, and the West Saxon, West­saxonlage: All these being conside­red by William the conquerour, comparing them with the Laws [...] Norway, Ibid. which he most affected, as Mr. Selden supposeth, because by them a Bastard of a Concubine, [...] himself was, had equal inheritance [Page 51]with the most legitimate son, as Ger­ [...]se of Tilbury [...] in this dialogue de Seaccario saith, Quasdam reprobarit, quasdam autem approbans, illis, transmarinas Neustriae leges quae ad regni pacem tuendam efficacissimae videbantur, addidit, some he rejected and some he approving, to them he added the forraign Norway Laws, which seemed most efficacious for the preserving of the peace of the king­dom. And such laws as he in writing allowed, though by Roger Hovendon and Iugulphus they were called Leges Edwardi regis, yet by Mathew Paris, are they properly called, Bonae, & approbatae antiquae regui leges, the good and approved antient Laws of the Kingdom by denomination from the greater part. And some­times the Laws and customs of King William. For clearly diverse Norman customs were in practise first mixt with them, and to these times con­tinue, as Mr. Selden asserteth, as that of Coverfeu which was constituted to prevent conspiracies, combina­tions, and robberies, which were then [Page 52]very frequent, and commonly con­trived and practised in the night. And therefore it was ordained that in all townes and villages a bell should be rung at eight of the Clock in the evening, and that in every house they should then put out their fire, and lights (which bell was ther­fore called Coverfeu) and then to go to bed, which, among many o­ther was one of the laws much con­ducing to the preservation of peace. By which so great a peace was setled in the Kingdom, as by Henry of Huntington he is stiled the Author of peace; whose words are these, Pacis author tantus, quod puella auro onusta regnum Angliae transire possit impune. He was so great an Author of peace, that a Virgin laden with gold, might without danger passe through the Kingdome of Eng­land.

And seeing his people to be part Normans, Bacon. uses of the law fol. 31. and part Saxons, the Normans he brought with him, the Saxons he found here; he bent him­self to conjoin them by marriages in [Page 53]amity; and for that purpose or­dains, that if those of his Nobles, Knights, and Gentlemen, should die leaving their Heir within age, a Male within one and twenty, and a Female within fourteen years, and unmarried, then the King should have the bestowing of such in such a Family, and to such persons as he should think meet, which was com­monly to his Normans, which inte­rest of marriage went still imployed, and doth continue at this day in every tenure, is called Knights service.

Then he also commanded all his laws to be written in French, and all causes, and matters of law to be prosecuted, pleaded and dispatched in the French language (as the Ro­mans did in Latin) that the English thereby, might be invited to ad­dict their minds to the knowledge of that Language. That whereas they were made by Laws, as it were one people, so by this constitution they might be brought to be of one Lan­guage. In this manner (through the [Page 54]prowess and prudence of the Nor­man Conquerour) were the English and the Normans so entirely united that they seemed one Nation and one people without any difference or distinction of respect and honour, as Dido promised the Trojans, ‘Tros, Tyriusque mihi nullo discri­mine agetur.’ Which may more effectually be applied to him; for he and his Pro­geny reigned over them so united, for the space of five hundred years.

The next bordering Principality to England is Wales, and therefore first in order by the English to be conquered, according to the Roman Example, as indeed it was. A stout and hardy Nation Bellicosissima gens, as Cambden, and indeed the reliques of the auntient Britans, who because they would not subject themselues to the Tyranny of the Saxous (as the other English did) were forced by their armes to retreat [Page 55]into the Western Region of that Island for refuge, surrounded with the muniments of nature as moun­taines and armes of the Sea, which antiently was called Cambria, as the people at this present Cambro-Britauni. In so much as the Saxons were unable by their force to make way unto them, and to overcome them. And though by some of the Saxon Kings, a ditch of a wonder­full work was framed, which was called King Offa his ditch, by which they divided that Country from England, and called them Walsh­men, that is to say unto them strangers, yet did they continually with fire and sword, spoile and de­populate their fieldes and Cities. And when the Heptarchy of the Sa­xons was devolved into a Monarchy could they onely by Athelstane (that victorious King) be made tributary; nay William the Con­queror (the terror of his time) Cujus nomen (as William of Westminster) exterae & remotae gentes timebant, whose ruine and downfall the [Page 56]Welch also conspired, And ther­fore as the said William saith, though he raised a Copious army against the Welch with an intention to sub­ject them to his sword, as he had done the English, yet did he me [...] with such martiall resistance, that he was content to accept of their homage with faithfull hostages to pay him tribute, though after upon their restless commotions he placed divers of his Norman Nobility upon the confines towards Wales, and gave a power unto the persons thus placed, to make such conquests on the Welch, as they by their own strength could accomplish, whereby divers of those parts were won by the Sword from the Welchmen, which were planted with English Colonies, and called Barons Marches. Which though his Son William Rufus seconded, yet was it a great glory for him only to con­quer the Shire of Pembroke which was a very ancient Shire of Wales; so as this parcel of this Island called Wales, was no parcel of the Domi­nion [Page 57]of the Realm of England, but was distinguished from the same, and was, as it were, a Realm of it self, not governed by the laws of Eng­land, Ployd Com. 192. as the Books of the laws of this Realm do testifie: yet never­theless afterwards was the same Do­minion of Wales holden in chief, and in Fee of the Crown of Eng­land, and the Prince thereof being then of their own Nation was compellable upon Summons to appeare in 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, [Page 58]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 tu [...] 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. ‘Ʋt quisque filium suum vult esse, Terent. ita est.’ [Page 59]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 [Page 60]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 [Page 61] 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 [Page 62]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, [Page 63]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, [Page 64]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 mutation to regain their pristine liberty. For as Sir John Baker, Hist. of England fol. 139. It was always a custom with that Nation at every change of the Princes of England to try conclusions, hoping at one time or another to have a day of it, and to change their yoke of bondage into Liberty; as upon the aforesaid op­portunity they began to lift up their hands and heads, and under the aspiring command of Owen Glendoer waged a terrible War with Henry the fourth, who through the combi­nation [Page 65]and confederacy of the Earl of March, and the Lord Firrcy swallowed in his ambitious mind all Wales and the Lands beyond Severn Westwards, which were assigned to him for his part; but the King be­ing a skilful sould [...]er, having orde­red and disposed his Army, suddenly marched towards the Lords, having a [...]especial care that they should by no means join with the Welch; and so encountering the Lords singly, obteined an universal victory; and the Welch thereupon abandoned Owen Glendoer, who hirking in the Woods was there famished. And after the Fate of Henry the fourth, Henry the fifth his son knowing the fashion of the Welch; Bakers Hist. f. 241 that in time of change they would commonly cake advantage to make Inroads upon the borders caused forts and bulwarks in fit places to be erected, and pla­ced Garrisons in them for the pre­venting, or repelling any such In­cursions; yet so prompt and capti­ous were they continually upon the least opportunity to such insur­rections. [Page 66] Ʋt nullo modo induci potue­runt (as Cambden saith) ut servitutis jugum subirent, nec ulla ratione res componi, & Funestissimum inter gen­tes odium restingui potuit, donec Henricus 7. ab illis oriundus saluta­rem manum jacentibus Britannis per­rexerit, & Henr. 8. eos in parem juris libertatisque conditionem atque nos ipsi Angli sumus acceperit; that by no means they could be induced to undergo the yoke of servitude, neither by any reason could matten be compounded, and the mo [...] mortal hatred between those two Nations be extinguished, until Henry the Seventh descended of them had extended his soveraign hand to the forlorn Britans, and Henry the Eight had received them into the equal condition of right and liberty, even as we Eng­lishmen are. And indeed He [...]y the Seventh was descended of Owen Tuder, who is said to be descended of Cadwallader a Prince of Wal [...] (wherein the Welch prophecy seem­ed to them now to be fulfilled, that [Page 67]one of the Princes of Wales should be Crowned with the Diadem of Brute, which Prince Leolin before vainly aferibed unto himself) who therefore was chearfully assisted by the Welchmen to the title of the Crown, Herbert. H. 8. f. 369 they being desirous ac­cording to the former p [...]oposition made by them to Edward the first to have a Prince of their own Nati­on to rule over them.

Yet were not the Welchmen fully satisfied with this union, but ex­pected a more entire union by laws; for notwithstanding the Laws which were established in that Country by Edward the 1. there were 141 Lord­ships of Marchers, which were then neither any part of Wales though formerly conquered out of Wales, neither any part of that Shire of En­gland, who by the license of the Kings then Reigning, Davis cep. f. 61. B. had Royall signiories in their severalter itories. 9. H. 6.12. 152. & 11. H. 4.40. and a kind of Palatine jurisdiction and a power to administer Justice to their tenants in every of their [Page 68]territories, revoking their own Laws and customs at their pleasure, that the writs of ordinary justice out of the Kings court were not for the most part current among them, and substituted Officers at their plea­sure, Herb. H. 8. fo. 369. who practised strange and discrepant customs, and commit­ted such rapins that nothing was al­most safe nor quiet in those parts; for by reason of the flight of the offendors from one Lordship to a­nother they had escaped due and condign punishment: whereupon the noblest and eldest of that Nation supplicating Henry the eight, Herb. ibid. did crave to be received and adopted into the same Laws and priviledges which his other subjects of England enjoyed, which moved the King to make the statute of 27. H. 8. c. 26. by which is ordain­ed and enacted, that the Principa­lity and Dominion of Wales shall be incorporated, united, and annexed to the Realm of England, altering in many parts the former jurisdi­ction and Government thereof, [Page 69]bringing the same to the like admi­nistration of justice, as was and yet is usual in England, appointing that the Laws of England should take place there, and all Welch Laws, si­nister customs and tenures not a­greeing to the laws of England, should be thenceforth ever abroga­ted and abolished: and therefore whereas before there had been eight several Shires in Wales, besides the County of Monmouth, and that some other territories in Wales were then no Shire grounds, by reason where­of the laws of England could have no currant passage therein; by the said Act there were erected in Wales four other, namely the seve­ral Shires of Radnor, Brecknock, Mountgomery, and Denbigh, by which means the Laws of England there also might be put into execu­tion And further the said Lord Marchers grounds by the same Act were annexed and united, partly to the Shires of England, and partly to the Shires of Wales next adjoyn­ing, as thought then by reason of the [Page 70]vicinity of the place and otherwise most convenient to prevent the perpretating of the aforesaid enor­mities and odious offences by just and lawful punishments.

And to make the Union the more honourable, and that the noblest of the Welch Nation might partici­pa [...]e of the highest priviledges and chiefest dignities of England, accord­ing to the Roman precedent, it was also ordained that out of the said Shires of Wales there should be one Knight, and out of every of the Shire Towns in Wales named in the said Act there be one Burgesse elected after the English manner; which Knights and Burgesses so ele­cted and duely upon summons of every Parliament in England re­turned, should have place and voice. in the Parliament of England, as other the Burgesses and Knights of England used to have.

And though the said statute doth not make mention of the penalty given upon the Sheriffs false return for such Knights and Burgesses as [Page 71]shall be lawfully elected in Wales, and not returned, but that those were given by the statute of 23. H. 6. c. 15. against the Sheriffs of England; yet shall the Knights and Burgesses of Wales so elected and not returned, have the benefit of it by the statute of 27. H. 8. because that statute grants that the Countrey of Wales shall have, enjoy, & inherit all rights, priviledges & laws within it's Dominions, as other subjects of the King born in this Realm: for the general words of the statute make all the laws of England aswel Common laws as Statute laws to be of effect in Wales, and shall take place there, and that the Welchmen shall have the benefic of the English laws for things done in Wales, as the English shall have for things done in England, and by a Quodei deforceat the Welch shall take ad­v [...]ntage of all actions real aswel given by the common law as the sta­tutes of this Realm, Vide Com. Ployd. Beckleys case Fo. 128. Fo. 129. and befides because the Welch use a [Page 72]speech nothing like or consonant to the Mother tongue used within this Realm, & that some rude and igno­rant people did make a distinction and diversity between the subjects of this Realm, and the subjects of the other, whereby great division & vari­ance did grow between the said peo­ple, as in the preamble of the said act is expressed; therefore more natu­rally toconjoyn those dissonant Na­tions as well by Language, as by Laws, it was also by that statute ena­cted, that none that use the Welch Language shall enjoy any office or fees within the Kings Dominions, but shall forfeit them, unles they use the English Language; by which ex­ception the Welchmen (who before much gloried in the Antiquity and simplicity of their British Language) were stirred on to bend their study and practice to the knowledge and pronunciation of the English Dia­lect; To the propriety of which most of them within few years at­tained, and at this day generally affect, and use it with delight, which [Page 73]hath been an instrumental means of a more amicable union between these two Nations. And for the execution of the laws, it was ordai­ned that the County of Monmouth formerly being a shire of Wales should be governed from thence­forth in like manner, & by the same ludges as other shires of England were: And for the other t [...] elue shires a speciall Iurisdiction and Officers were ordained, yet in sub­stance agreeable after the manner of the English laws. And finally, by that Statute, Gavelkind and all other sinister customes of Wales were abolished, but all customes which are reasonable and agreeable to any customes of England preser­ved. For by the same Statute it is provided, that a Commission shall issue to examine the Welch customs, and that those that shall be found reasonable, upon a Certificate of the said Commissioners shall be allowed, Davis Rep. f. 40. And accordingly whereas there was a Custome in Denbigh, that a Feme Covert [Page 74]with her husband might alien land by surrender, and examination in Court: Wray and Dyer were of opinion, that it shall bind the feme, and heirs of the feme as a fine, though th feme after issue make such an alienation, and die; and the rea­son there given why the custome is not taken away, is for that it is rea­sonable and agreeable to some cu­stoms in England, for the assurance of purchasers; for the title of the Act is for Laws and Justice to be ministred in like form as in this Realm, Vide Dyer, 363. pl. 26. In like manner was it holden, 19. Eliz. Dyer. f. 345. pl. 13. that whereas before the subjection of Wales to the Crown of England, a man did hold lands of the Prince of Wales by service to go in his War; it was no tenure of which the Common Law might take notice, for the princi­pality of Wales was not governed by the Common law, but was a Dominion of it self, and had their proper laws and customs: and for that reason when that Countrey was [Page 75]reduced under the subjection of the Crown of England, such tenure as was of the person of the Prince of Wales could not become a Capite [...]enure of the King of England.

In this manner and by the means of the said Act of 27. H. 8. were the Welch Nation, and the English more entirely united by lows then before; of which union ensued a greater peace, tranquility and civility, and infinite good to the inhabitants of the Countrey of Wales, and so con­tinued during the Reign of Six suc­ceeding Kings and Queens, until the horrid and irreconcileable War broke out between the King and Parliament, wherein the Welch upon changes, being always Changelings, in the beginning levied Forces in Defence of the Parliament against the KING; in which War though a prosperous event succeeded, the royal Brigades being totally van­quished, and the King himself un­der the power of the Army, yet as­sumed they unto themselves their ancient animosity; and being [Page 76]possessed with a conceit that they were never conquered, but by composition; now adventured once more to make trial of their Brittish valour under the Commission of Prince Charles, and under the com­mand of Major General Rowland Laughorn, Colonel Rice Powel and Colonel John Poyer, who before had been Commanders for the Par­liament, and in a warlike and ho­stile manner possessed themselves of divers Garrisons and Towns against the Parliament; and Laughorn being a General of great esteem in those parts, raised an Army, which in a small time increased to the number of 8000 Horse and Foot: which by Colonel Horton (who was sent by the Parliament to suppress that in­surrection) through the assistance of the Almighty was totally routed, a great slaughter committed, and three thousand prisoners taken, with all their ammunition. A happy Victo­ry for the Parliament; their Forces consisting meerly of three Thousand men; and a disasterous com­mencement [Page 77]for the Welch; who nevertheless persisted in their reso­lution. For Laughorn and Powel e­scaping by flight got to Poyer into lembroke Castle, who before kept that strong Hold for the Par­liament, and now having for­tified it with a company of ma­lignants, with great courage main­tained it against them: so great was the danger, and difficult the enter­prise, that Lieutenant General Crom­well himself, was sent with some Re­giments into Wales to impede the Welch as well from rallying & col­lecting their fugitive and dispersed Forces, as to dispossess them of the Towns, Garrisons, and Castles, they had treacherously surprised: who first resolved to besiage Chepstow Ca­stle, but hastning to Pembrook which was more considerable, he left Colonel Eure there, who within fifteen days took that Castle, and slew Kemish to whom before it had been betrayed. But Pembroke Castle was not so facile to be vanquished, and by Poyer deemed impregnable, [Page 78]who relying on the strength of the place refused all conditions, [...]he Cromwell not enduring the repulse with an assured confidence besieged it, and through the accommodation of Sir Ceorge Ascue, who furnished him with great Guns from the Se [...], and all things necessary for a siege forced Foyer, and Laug [...]orn at the last being brought to extremist, (though it had been long stouth maintained by them,) to surrender and deliver up the Castle without conditions, rend [...]ing themselves prisoners at mercy, for which deli­veries by order of Parliaments publick thanksgiving to God was Solemnized.

And why should I now expostu­late the question with the Welch whether they ever were conquered by the English, when as now the best and most knowing of them have ingeniously acknowledged that they were never conquered before. ‘Jamque habemus Confitentes victos.’ [Page 79] But what may seem to be the cause why the insurrections of the Welch were so frequent, but that Edward the first contrary to the Roman Garbe upon his first conquest did admit all of them to the possession and inheritance of their Lands and goods, which would be ruled and governed by the common law of England, and did forbear to settle a Militia, or deduce Colonies a­mong them, thereby to restrain them from future Commotions: which the Parliament of England prudently observing were induced to put in practise the old Roman rule. ‘Parcere subjeciis, & debellare su­perbos.’ And ordained that all persons whatsoever that were in actual Re­bellion in the said insurrections, and all other persons that have willingly by council or force assisted the same, or contributed any money's, horse or armes, amu [...]ition, or other aid [Page 80]or assistance thereof are adjudged delinquents, and that their estates be sequestred, and that the Com­missioners named and appointed in the said ordinance or such persons as they shall appoint, do seize the estates real and personal of all and every the said persons, delinquents aforesaid, and also to make sale, re­ceive and dispose of all and every the Goods, Chattels, Debts, Rents, and personal estates of all and every the said Delinquents, and let, set, and improve their Lands at the best rate they can, according to the or­dinance of sequestration &c.

And on some of their Ieaders did they inflict capical punishment, therein also pursuing the justice of the antient Roman Empire, Grot. de J. B. & P. l. 9. c. 11. Qui de captis hostium civibus vindictam mor­te sumebant, who did take revenge of the Captains of their enemies which were taken, by death, for which Con­stans the Son of Constantine is com­mended in the Panegyrick.

And further for the securing of the Parliament, and mutual defence [Page 81]and safety of each other, did they settle and constitute the Militia in those parts, which had a resemblance of the Roman Colonies: and at this present are there military Garrisons continued in the chiefest Cities of Wales, by which means ever since that countrey hath been kept and maintained in peace and tranquility without the suspicion of any insur­rection, and a constant unity setled between these two Nations.

The conquest of Scotland in re­gard of it's vicinity with England is in the next place to be considered, and especially for that deadly feud and perpetual wars have time out of mind raged between these two Nations.

Nam rara est inter eos pax dum illi propagari, Hist. Brit [...] fol. 7. hi retinere imperium student: for peace was rare be­tween them while they endeavoured to propagate their Empire and these to retein it; which though the English for many Ages with all their skill and force have contended to vanquish, yet could they not until [Page 82]these latter times accomplish. So difficult a task it was to conquer that valiant Nation, and by force to bring it to an union; for as the same Author saith, Eadem utrisque in bell [...] ferocia. And as an other, Gens virorum fortium fuit quam frugum feracior, It was a countrey more abounding in proper men then in goodly fruits. A fierce Nation in­deed, which was never subjugated by the Romans; as Tertullian who lived in the second Age according to the Christian computation inti­mateth, Apolog. saying: Evangelium diffu­sum est in omnes orbis partes, etiam in Britanniam us (que) eam (que) Insulae par­tem, qu [...]m Romanae vires nunquam penetrarunt, The Gospel was diffu­sed through all the parts of the world, also into Britany, and even into that part of the Island which the Romans never pierced, mean­ing that part of the Island which is now called Scotland; But the Ro­mans attempting it, were continu­ally rebutted and repulsed by them; and in fine were foreed to frame [Page 83]walls, trenches and bulwarks, to defend their Province from their terrible incursions, which were first built by Adrian, as Aelius Spartia­nus; then by Antoninus Pius, as Julius Capitolinus; and thirdly by Severus, thereby to stop the furious invasions of the Scots, of which Claudian doth mention.

But whereas Buchanan a partial Trumpeter of his countrey praises, De jure regni apud Scot. saith; Nos regnum exiguum quidem, sed jam bis mille annos ab exterar [...]m gentium imperio liberum tenemus; we hold our Kingdom, a little one indeed, but now for the space of two thousand years free from the Domi­nion of forreign Nations: yet to the contrary saith Matthew of West­minster, Quod Reges Angliae Jure Superioris & directi Dominii, ab anti­quissimis temporibus regno Scotiae & ipsius regibus praefuerunt, & ab ipsi [...] [Page 84]& illorum pr [...]ceribus regalia homagia receperunt & fidelitatis debita jura­menta, that the Kings of England by the right of a more superior & direct Dominion, from the most ancient times had their preheminence over the Kingdom of Scotland and their Kings, and have received legall ho­mages from them and their Nobles, and due Oaths of fidelity. For after the Saxons had made a Conquest of the Britans, and reduced their Heptarchy into a Monarchy, chan­ging it's name into England; Scot­land by the power of their victori­ous Armes, Holling­shed Ed. 3. was compelled to do homage and fealty to England, and to be tributary to their sueceeding Kings for Edward the son of Alu­red [...]ad it under his Dominion; Herb. Hen. 8. And Athelstane made one Constan­tine King thereof, Eldreck took ho­mage of Ericus, and Edgar, of Kin­ulph, Kings of Scots, Malcome did ho­mage to Knuto, and Edward the confessor gave the Kingdom to Mal­come, who did homage to William the Conquerour and to William Ru­fus, [Page 85]and Edgar did homage to Hen­ry the first, and David did homage to Matilda the Empress, which were without intermission transacted by the succeeding Kings of Scotland to the succeeding Kings of England, Herb. ib. e­ven to the reign of Henry the se­venth: which incited Henry the eighth to claim homage and fealty of James the fourth, which was partly the cause of the quarrel and famous Battail between him and the King, so as the aforesaid ho­mages & fealties made by the Kings of Scots were not only for the Earl­dom of Huntington as the Scots pre­tend. For David King of Scots ha­ving married the Daughter and Heir of the Earl of Huntington and Northumberland, and received the investiture thereof, did not onely do homage and owe fealty for the Earldom of Huntington, as also his son Malcome did; but the said Da­vid did also homage and made fealty for the Kingdome of Scotland to Matilda the Empress; as also all the succeeding Kings of Scotland [Page 86]did, according to the former ex­pression.

But of all the Kings of England none equalled Edward the first, and none as Sir Francis Bacon saith, is more celebrated with the commen­dations of War and Wisedome, and especially for his purpose and enter­prise for the conquest of Scotland, bending his mind not to glorious conquests abroad, but to the setle­ment by conquest of a solid union between those two discordant Na­tions, as before he had done between Wales and England. For which his heroick Acts the Fame of his vertue so wrought on the minds of the Scots, that great contention intervening between them concern­ing the succession to the crown, Alexander the King of Scots leaving no Heir, there being twelve com­petitors, Holling­shed. who by several titles laid claim unto the crown: all of them referred the decision of that royal case, without any constraint, and of their own good will, (as in the Re­ference is expressed) to the final sen­tence of Edward the first, who after [Page 87]six years discussion adjudged the case on Baliols side; who indeed had the best title, but upon promise to subject the crown of Scotland to him, and to swear fealty and homage to him as his sovereign Lord; and thereupon is Baliol crowned King of Scotland: which being done, King Baliol comes to Newcastle upon Tyne, where King Edward then lay, and there with the chief of the No­bility did swear fealty, and do ho­mage to him as their sovereign Lord, except Bruce who was the next Heir to the crown.

King Edward thus became the sovereign Umpire and supreme Judge of Scotland, to whom the No­bles as the King himself before had done, appealed for Justice against the King. And because King Edward would not permit King Baliol a Procurator, but caused him to de­fend his cause himself in the Or­dinary place, in a rage at his re­turn, he defyeth King Edward, renounceth his allegiance as illegal­ly made without the Consent of the [Page 88]States. Holling­shed. For which King Balioll be­ing summoned to appeare at New­castle and refusing to come, King Edward, triumphantly with a migh­ty army invaded Scotland: Barwick is first taken, and afterwards the Castles of Dunbar, Roxborrough, Edinborrough, Sterling, and St. Johns; and John Warren Earle of Sussex and Surrey is made Warden of all Scotland, Sir Hugh Cressing­ham Treasurer, and Bransly Chief Justice, to take in his name the ho­mages and fealties of all such at held Lands of the Crown and to be General Guardian of the whole Kingdom. And notwithstanding Balioll in Parliament with the con­sent of the States of Scotland did tender his submission, and did ho­mage and swear fealty unto King Edward as his soveraign Lord, yet is he for his former infidelity secu­red and sent into England: but not long after though the Scots were without an head, their King being in England, and all their great men in captivity and subjection, yet they [Page 89]wanted not an heart to shake off servitude, and animated by one William Wallis a poor private Gen­tleman, though nobly descended, made an audacious and dangerous attempt, who with a forlorn and desperate rabble like himself, fell suddenly on the English Officers, and slew Sir Hugh Cressingham with six thousand English, recovered many Castles, and regained the Town of Barwick. And seconded by success so increased by ranging and rowling up and down, many of the nobler sort resorting to him, that within a short space his forces amounted to a copious and Warlike Army; and was in a propinque possibility to have freed his countrey from subjection, if the speedy suc­cour of King Edward had not anti­cipated him; who removing his Court to York, and making that City his imperial Seat, (as the Ro­man Emperours heretofore did) that with the more convenience he might quell the insulting Scots, there raised an exquisite and choice Ar­my, [Page 90]and with three thousand men of Armes on barded horses, and four thousand others armed on horse without bards; and with an Army of foot answerable, he encountred the confident Army of the Scots, who on the onset made such terrible shouts, that King Edwards Horse frighted therewith cast him off and brake two of his ribs, yet neverthe­lesse he gets up again, goes on, and gains the victory. In which battel Sexaginta Scotorum millia occisa fu­erunt, threescore thousand Scots were slain, as William of Westminster numbers them, among which there were two hundred Knights; whereup­on a Parliament being called at St. Andrews, most of the great men of that Kingdome (except Wallis) who had escaped by flight, prostrated their homage and fealty to King Edward as their supream head and King, of which William of Westminster giveth this character, ‘Arma parant Scotus regno dolet esse remotus.’ [Page 91]And King Edward the better to keep some in subjection, and deter others from insurrection, did confer most of the estates of the Earls and Barons of scotland with their titles that stood out, on the English, as a reward of their valour and vertue. Holling­shed Ed. 3. And now it would seem that Scotland was quite conquer'd and subjected to the Crown of England, they having no King nor Heir in Scotland but the King of England. But as Cambden saith, est Natio servitutis Impatientissimae, Cambd. Brit. It is a Nation im­patient of servitude, and a breeder of stubborn and refractory spirits, wich to their power would not stoop to the English Yoke: for though they were twice overthrown by King Edward, and thrice swore fealty unto him, yet did they as many times falsify their faith, which in mi­litary affaires is principally to be maintained, ‘Postremum est primumque t [...]eri Inter bella fidem.’ [Page 92]And now again go about to con­trive new commotions, rejecti [...] Balioll their natural King, for th [...] he received the Crown upon condi­tion to subject the Crown of Scot­land to the Crown of England, f [...] which they recalled their allegian [...] that they had given to him, and received Robert Bruce come of th [...] second branch, for their King; be­cause as one of their own writer saith, he had basely condiscende [...] to enslave that Nation, to whom their liberty had alwaies been [...] dear, In the History of the reformati­on of the Church of Scot­land. that they have willingly and chearfully undergone all hazard of life and means; which if they should have suffered, they had nothing lef [...] whereby they might be called men [...] and consequently armed with this resolution, under their new head and King, forced all the Wardens of Scotland to retire to Barwick, where­of as soon as the King heard, he sends the Earl of Pembroke and the Lord Clifford with a strong power to relieve the Wardens of Scotland, whilst he prepares a potent Army [Page 93]to sollow, making a vow that either alive or dead he would pour venge­ [...]ince on the perfidious Scots. In which expedition, that magnani­nous King falling into a sickness at Carlile, adjured his son and all the Nobles about him upon their fealty, that if he died in this journey, they should carry his corps with them a­bout Scotland, and not suffer it to be interred until they had finally conquered the Scots; As Matthew of Malmesbury, Jussit corpus suum [...]ibi temauere insepultum dum tota Sco­tia esset finaliter acquisita. An heroick resolution worthy the spi­rit of a conqueror; but he that never stooped to enemy was forced to submit to Fate; and he that was alwaies victorious was overcome by death.

By whose immature obit the final [Page 94]and entire conquest of Scotland was prevented, which in all proba­bility might have prosperously suc­ceeded, if the envious destinies h [...] not stopped the success of his victo­ries, or his succeeding son had be [...] a trusty Executor of his Fathers T [...] stament: but he resembled his Fa­ther in vertue no more, then Di­mitian did Vespasian, or Commode [...] A [...]toninus, and one day of his Fa­thers, as Tully said of Antony, wa [...] 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 [Page 95]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 [...]ostuati were naturalized Subjects of England from the time forward; and besides it was a conjunction [Page 96]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 [Page 97]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.’ [Page 98]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 ass [...]ed by the French: whereas whilst the King reigned, the Scots had little Correspondence with the French, and in civil comport seem­ed [Page 99]to exceed the English, being rea­dy with them chearfully to conjo [...]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 di­ [...]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 [Page 100]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 [Page 101]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 death of the King eveening, which was juridically inflicted on him for his tyranny, to prevent succeeding tyranny; As in the Declara­tion of Parlia­ment is express'd. the Parliament was ne­cessitated to the alteration in Go­vernment, and to the setling the Government in a way of a free state, which according to the practise of the Romans (whom in this tractate we have chosen for a president) was adjudged convenient and conduci­ble for the good of this Nation, as it was for theirs, when for the ty­ranny of Tarquinius Superbus, they did change their royal rule into the free commonwealth: neither doth such a transmutation alter the sub­stance [Page 102]and essence of a state, for the form of a commonwealth or city being changed, the commonwealth or city remaineth the same, Neque enim (as Gr [...]tius saith) refert quomo­de gubernetur an rege, Grotius de I B. & P. l. 2. c. 9. an plurium, an multitudinis imperio, Idem enim est populus Romanus sub Regibus, Consulibus, & Imperatoribus.

Neither is it material how it is governed, whether by a King or by the command of more, or a mul­titude; but the formal difference consisteth in the quality and vertue of the Governours: for as learned and Judicious Patricius (who was born in a free City and did com­pose two elaborate and accurate Volumes, the first being in commen­dation of a free State, and the se­cond in praise of Principality, comparing the one with the other) affirmeth that if a Commonwealth be governed by one good man, that kind of Government, as it was the first so it is the best, Patric. d [...] Rep. l. 1. tit. 1. but if through the vices and tyranny of the Prince, is be devolved into a free State, [Page 103]such Government is also to be ap­proved and extolled lest the peo­ple being factious, and carried away with lust and avarice, ruine the estates of the best deserved Citizens and will not be satisfied without the effusion of blood, or banishment; which as the same Author saith was the overthrow of the Athenian Com­monwealth, and concludeth with the determination of Xenophon, Patric. de princ. l. 1. tit. 3. Omnes civiles civitates vitio eorum ruere, qui illis praesunt, that all civil Cities are ruined by the vices of those that have authority over them; for if they be rightly governed they may be omnino perpetuae & immor­tales, alto [...]ether perpetual, and im­mortal. But to return to the point whence my Penstarted, the Scors incensed with the dismal and igno­minious death of their King, and total deprivation of his issue from the inheritance of the Crown of England, began to muster up in their mindes hostile thoughts of re­venge, and to dream of the con­quest of England, they having a [Page 104]title to it by their King, and many Cavaliers and Royalists dormant in that State vigorously to assist them. And therefore his Father being deprived of this life, they treated with CHARLES his Son and Heir, being then in Forreign parts, upon certain Pres­byterian Covenants, to come and succeed his Father in that Crown; which he accepting, was royally by them received, and solemnly crow­ned KING of Scotland. And now the Scots proud of their Na­tive King, he being indeed a gallant Gentleman, and by reason of the civil Wars brought up in the field of Mars, began to prepare an Army for the Invasion of England; of which the circumspect Parliament having intelligence, all the actions of the Enemy being as equally known to them as their own; to pre­vent the imminent danger which was esteem'd great, (they being una­nimously united under one Head, who before were divided, and be­sides aided by forreign Princes,) [Page 105]upon a serious debate created Oliver Cromwell for their General, as a man equivalent to so perilous a Design; Sueton. who Elatus gaudio (as Caesar was when by the consult of the Senate he was decreed to march against the Gaules the ancient ter­ror of Rome) (to give him his due, without envy or flattery) with the Caesarean celerity, and a compleat and well disciplined Army marched up into the bowels of Scotland, wisely projecting to make it the mi­serable Seat of War, and by provo­king the Enemy to increase confi­dence in his Commilitons, and to dishearten theirs; with whom was conjoined Lieut. Gen. Lambert due fulmina belli who in the end thun­dered them all in pieces: but they in the beginning, though exceeding them in number, would not ad­venture to hazard a battel, but en­deavoured by Fabian cunctations and deprivation of necessaries to weaken and diminish their forces, continually retreating and drawing them into moorish and unsound [Page 106]places, whereby many perished, and divers fell into pernicious diseases, so as the General was constrained to retire with the reliques of his Army towards the Sea, with an intention to ship them for England; which the numerous Scottish Army con­ceiving, being well accomplished and furnished with sound and able men, and sufficient necessaries, pur­sued them at the heels, and having cooped them up within a Nook of land and encompassed them within the Arms of the Sea, thinking them­selves sure of spoil and victory, they boldly offered them battel: which the General and Lambert his Lieut. General, though environed with desperate extremes, Veget. de mili. l. 3. cheerfully and couragiously embraced ( Clausis in desperatione crescit audacia) and with more then ordinary vigour and audacity, piously excited their Com­militons being but a wearied and sick handful of men to that despe­rate encounter, who resolving to die or gain the victory rushed with them into the battel: And the Ge­neral [Page 107]animating the Foot, and the Lieut. General Lambert the Horse, under the Word and Name of the Lord of Hosts, obteined a glorious and wondrous Victory, most of that mighty Army being slain, or taken prisoners, ‘Dignos laude viros Musa vetat mori.’ Whereas if the Scots had permit­ted them to passe, and not forced them to fight upon such desperate straits, and followed the military precept, cum desperatis non est pug­nandum, they had made an inglo­rious return, and the Scots had gained a fortunate opportunity upon a consequent Invasion to have subdued England.

But God's will was done, and the General skilful how to use his Victory, with his victorious Army like an irresistible inundation over­ran [Page 108]the whole Countrey, took Edenburgh, and the Castles of Leith, Dundee, Brent Island; as also St. Johnstons, and Sterling Castle, a place of incredible strength, and in conclusion forced their hopeful KING, with the remainder of his forces secretly to fly into England for Refuge, upon vain hopes of second supplies; but by the divine providence being pre­vented, and stopping his course at Worcester, was by the invincible General, and his couragious Com­militons, who with tedious and irk­some marches at the length over­took him, totally deseated and ut­terly vanquished: many Nobles of Scotland being taken, and commit­ted, with many thousand other infe­riour persons. By which Victory the conquest of Scotland was abso­lutely accomplished, and ever since hath been subject to the Common­wealth of England; which by ver­tue of that conquest have therein Placed Garrisons and English Colo­nies, according to the Roman Rule [Page 109]to contein them in subjection, peace and union. But to apply my Pen to the other rule which is the union by laws; and though it is in the power of the Conqueror at his plea­sure to alter and change the laws of the conquered Kingdom, Cok. L. 7. Calvins case f. 17. and that without a Parliament as Edward the first did by his Charter of Rutland, but until he doth make an altera­tion of laws, the ancient laws of that Kingdom do still remain; yet cer­tainly it is the greater victory to alter and change the Laws of the conquered with their consent, that there may be a more intimatc and intire union between them. And therefore did the Parliament in December, 1651. to the end that the people of Scotland should be united with the people of Eng­land into one Commonwealth and under one Government, send Com­missioners into Scotland to invite the people of that Nation unto such an happy union; who proceeded so far therein, that the Shires and Burroughes of Scotland by their de­puties [Page 110]appearing at Dalkeith, and again at Edenborough, did accept of the said union and assent thereunto, which was seconded by the late Protector of the Commonwealth of England, who by the advice of his council ordained, April 5. 1654. That all the Dominions of Scot­land, of the Isles and Territories thereunto belonging, are and shall be, and are hereby incorporated into, constituted and confirmed one Commonwealth with England, and in every Parliament held successive­ly for the said Commonwealth, thirty persons shall be called from, and serve for Scotland, which Or­dinance was confirmed by the Par­liament in the year 1657. So many Knights, and Burgesses, as before was expressed, who were called and summoned according to the said Ordinance, were admitted to sit in the said Parliament, and did vote & jo [...]n with the English in the making and enacting of Laws; which Laws so made or hereafter to be made by them in Parliament, do bind and [Page 111]oblige the Commons of Scotland, as well as the Commons of England; because the Knights and Burgesses of both Countries, being chosen by the Assent of the Commons of either Countrey, do represent the estates of the several and distinct Commons of either Countrey: And therefore as St. German saith, every statute there made, Doct. & Slud. li. 2. c. 46. is of as strong effect in law, as if all he commons were then present personally at the making thereof. There are many more par­ticular clauses in the aforesaid Or­dinance contained, which concurr to the more full effecting of the said union, all which I refer to the con­sideration of the supream council of this Nation. And though the con­stitutions of the countreys of Eng­land and Scotland be such, that there can hardly in all things be such an obsolute reconciling and uniting of their laws, no more then there hath been between other country's sub­ject to the obedience and allegiance of the Kings of England; as Nor­mandy and Aquitany, had several [Page 112]lawes different to the lawes of Eng­land; Garnesey and Jersey have yet their several lawes, which for the most part were the antient lawes and customs of Normandy; Kent, and Cornwall have also their several Laws and customs, and so hath the county of Palatine of Chester: yet do not these several Laws make any differences in matter of subjection and obedience, and are no markes of disunion or several allegiances.

Howsoever as Sir Francis Bacon saith, Discourse of the union of England, and Scot­land. it is to be wished that the Scottish Nation was governed by our Lawes which with some con­ducement are worthy to govern if it were the world; or else that Scot­land be in the like degree and con­ditions with Wales, as hath been for many hundred years; those Laws and customs onely being in force, which are reasonable and agreable to the Laws and customs of England, for it is a matter too curious to extirpate all particular customs which are consonant to reason, and it sufficeth that there [Page 113]be a uniformity in the fundamental Laws.

For language it is not needful to infist upon it, because both King­domes are of one language, though of several dialects, and the diffe­rence is so small between them, as Sir Francis Bacon saith, Ibid. that it pro­miseth rather an enriching of our language then a continuance of two; so as it may seem convenient that as they Originally participate of one language, they should like­wise be under one Government, as heretofore by antient Histories they are reported to have been; which is now revived and like to continue, the premised Roman rules being observed.

But now to waft Englands conque­ring forces over into Ireland, which though it was first conquered is pla­ced in the Arrear, for that it is more remote, and separated from it by the Sea; yet is it by Ptolomy stiled Britaunia Minor as an adjacent Island, and is another Brittain, as Brittain is said to be another world, [Page 114]it being not inferiour to any part of Britanny for affinity and fertility, as Tacitus, solum, Coelumque & inge­nia haut multum a Britannia diffe­runt. Vita Agr. And indeed is endowed with many dowries of nature, with the fruitfulness of the soyl, and plenty of all provision, with the ports, the quarries, the woods, and other worthy materials. But yet it is un­der question what King first subju­gated that Island, Sir Edward Coke maketh mention of an antient Charter of King Edgar, Cokes pre. l. 4. 4th Book of Reports. in which he blesseth the altitonant and om­nipotent God for all his victories, and that he had subjected all the Kingdomes of the Island of the Sea unto Norway with their fiercest Kings, and the greatest part of Ireland, with its most noble City of Dublin, to the Kingdome of Eng­land: and Henry of Huntington saith, there were five Kingdomes in Ireland, of which the great or greatest part was conquered by King Edgar, Gambd. Britttan. [...] which Cambden also affirmeth, Quod maximam Hiberniae [Page 115]partem devicit, yet because Henry the second made a more absolute conquest of it, the honor of that conquest is ascribed to him, and was the first was intituled Rex An­gliae, Dominus Haberniae; and as Hen­ry of Huntington Historieth it, at his Arrival with a potent Army into Ireland, the King of Cork, the King of Limmerick, the King of Oxery, and the King of Meth submitted them­selves to his summons, recognizing him to be totius Hiberniae dominum, (only the King of Conagh stood out) which Pope Alexander confirmed to him and his Heirs, and which after­wards by his power was possessed, and detained by English Colonies.

Yet was there no alteration of their Lawes till the reign of King [...]ohn, who as Sir Edward Coke saith, [...] the twelfth year of his raign went [...]to Ireland, and there by advice [...] grave and learned men in the [...]aws whom he carried with him, [...] a Parliament de Communi omni­ [...] de Hibernia consensu enjoyned and established, that Ireland should [Page 116]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. [Page 117]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 [Page 119]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 [Page 120] 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 [Page 121]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 [Page 122]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 according to it in the several Governments of Tho­mas Earl of Sussex, Sir Henry Sidney and Sir John Perott, not only the Irish territories in the confines of Lemster, but also the entire provin­ces of Conagh and Ʋlster, being out of all Shire ground before, were divided and distinguished into seve­ral Counties and hundreds, & seve­ral Sheriffs, Coroners, and justices of peace, and other Officers and [Page 123]Ministers of the Law of England have been from time to time con­stituted in those Counties, by several patents and commissions under the great seal of England: and by this means has the common Law of England been communicated to all persons and executed throughout all that Realm for many years passed; and so continued unto the reign of the late King James, who also by a special proclamation in the third year of his reign, declared and pub­lished that he had received all the Natives of the Realm of Ireland into his royal protection, &c. By which it was clearly resolved, that the common Law of England was established universally throughout the Realm of Ireland, and that all persons and possessions within that Realm ought to be governed by the rules of that Law, and that every subject shall inherit his Lands in Ireland, by the just and honourable law of England, in that manner and by the same law that the King inhe­rited the Crown of Irelaud: and by [Page 124]these degrees was the common law of England introduced and esta­blished in Ireland.

And in the same year of that King accordingly, it was by the special order of the deputy of Ireland, and the justices resolved and declared, that because all the Irish counties and the Inhabitants of them were to be governed by the rules of the common law of England, Vid. Davis re. f. 51.52 the Irish customs were void in law, not only for the inconvenience and unrea­sonableness of them; but for that they were meer personal customes and could not alter the descent of inheritance. For all the possessions of the Irish territories (before the common law of England was esta­blished) did run either in the cu­stome and course of Tanistry, where­by every Lordship or chiefty with the portion of land which did pass with it, did go without partition to the tanist and not to the next Heir of the Lord or chieftye, but to the elder and more worthy of that li­nage, who oftentimes was removed [Page 126]and expelled by another, who was more active and more strong then he. Besides the wives of the signiory claimed to have a sole property in a certain portion of goods during the coverture, with power to dis­pose of them without the assent of their husbands: Or in the course and custom of Gavel kind, whereby all the inferiour tenancies were par­tible among the males, in this man­ner; the Causeny or chief of that li­nage who was commonly most anti­ent, after the death of every tennant which had a competent portion of land did assemble all of that linage, and having put all their possessions in Hotch Potch, did make a new partition of all, in which par­tition he did not assign to the Sons of those that dyed the portion that the Father had, but he allotted to every one of that linage according to his Antiquity the more and grea­ter part; by whom also a new par­tition upon the death of every infe­riour Tenant was made at his will and discretion. And so by reason [Page 126]of those frequent partitions and translation of Tenants from one portion to another, all the possessi­ons were uncertain, and the uncer­tainty of the possessions was the true cause that no civil habitation were erected, no inclosure or improve­ment was made of Lands in the Irish counties where this custome was in use; especially in Ʋlster, which seemed throughout to be a Wilderness before the new Planta­tion made by the English Under­takers there.

Also by that custome bastards had their purparty with the English, the women were utterly excluded from Dower, the daughters were not In­heritable though their Father died without Issue male: and therefore for the aforesaid inconveniences and unreasonableness of those cu­stomes, were they utterly abolished; As the customs of Gavel kind in North-Wales by Edward the first and Henry the 8. which were sem­blable to the customs of the Irish: and therefore was it adjudged that [Page 127]the lands in Ireland should descend according to the course of the the common law, that women shall be endowed, that daughters shall be inheritable for defect of issue male; and the property of such goods should be in the Irish Lords and not in the feme coverts according to the Irish usage: which resolution of the Judges, by Order of the Deputy was registred among the acts of the Council; but this provision was ad­ded to it, That if any of the meer Irish had possessed and enjoyed any portion of land by these customs, be­fore the commencement of the reign of the late King James, that he shall not be disturbed in his po­ssession, but shall be continued and established in it; but that after the commencement of his reign, all land, shall be adjudged to descend to the Heirs by the Common Law, and shall hereefter be possessed and enjoyed accordingly. And yet were not the laws of England fully and rotally established in Ireland, one of the main triangles of the [Page 128]laws of England being yet excluded, for as Sir Edw. Coke, Cok. Gom. on Litt. 110. B. the laws of England are devided into common Law, Customs, and Statute law; and though the common law of England was introduced, and the Irish cu­stomes abolished in Ireland, yet were not the Statutes made in the Parliament of England currant in that countrey; for the Land of Ire­land had Parliaments, made Law and changed laws, and those of that land were not obliged by the Sta­tutes of England, because they did not send Knights to it, as Sir Edw. Coke observeth. Cok. Com. f. 141. B. And though Sir Edward Poynings having both Mar­tial and Civil power given him by the commission of Henry the seventh above the Earl of Kildare then De­puty of Ireland, Bacon Hen. 7. f. 138. called a Parliament in Ireland, wherein was made that memorable Act, which at this day is called Poynings Law, whereby all the Statutes of England were made to be of force in Ireland; yet be­fore they were not, neither are any now in force in Ireland, which were [Page 129]made in England since that time, but have had Parliaments since holden there, wherein they have made divers particular Laws con­cerning the Government of that Domiuion; wherefore in this par­ticular Ireland was still a Dominion divided, and separated from Eng­land, and the union between those two Nations in that respect not ab­solutely perfect; and therefore did it seem a worthy Act in the late Protector to have ordained by the advice of his Council, that thirty Knights and Burgesses out of Ire­land should be elected to sit in the Parliament of England, thereby to oblige those of that countrey to be subject and obedient to our statute as well as our common Laws, that as we are one and the same common­wealth so we may be governed by one and the same Laws, and they participate of the same honours and priviledges, which is the surest means for the consolidation of such a uni­on; for the more entire the union is, the less apt will they be upon [Page 130]any occasions to break, and the imperfection of such a union being oftentimes the Origine and cause of Revolts: a direful example of which is recorded in the Annals of the Ro­man Republick, which as it was the best estate in the world, so is it the best example; which as in the fron­tispice we have followed, so will we not forsake to the end.

Aneus Martius was the first that conquered the Latins, who having by force taken many of their Towns, received many thousands of them into the City of Rome as one body, but because they were not equally intreated, they joyned Armes with the Tarquinians against the people of Rome, and though after a bloody battail they were reunited, yet was not that union durable, because not entire; for that the people of Rome had not inserted them in their Tribes, nor admitted them to participate of their immunities and honours; for which reasons the Latins conceiving themselves to be undervalued and vilified, were [Page 131]bold to demand the freedom of the city of Rome, and that one of their consuls be of their countrey, which being denyed they converted their demands into Armes. Yet after­wards being again reconciled, upon hopes to be enfranchised; first by Fabius Flaccus one of the consuls who attempted the prorogation of the Law though impeded by the Senate, and afterwards by Livius Brusus, who was also opposed by the people: at which exasperated seeing them­selves deluded, they made an asso­ciation with the Hetrurians and the Sabius, who because they were all by affinity of promiscuous marriages consanguineans, and as Florus saith, Florus l. 3. c. 18. unum corpus with the people of Rome, and that they had aug­mented that city by their va­lour, and yet were dispised, they jo­intly made War against the City of Rome, as well those who lived in the City, as those who abided in Italy, which was called Bellum so­ciale, but indeed bellum civile, Ibid, aci­vil and destructive War both to [Page 132]the people of Rome and the Cities of Italy, that as Florus saith, Nec Annibalis, nec Py [...]rhi fuit tanta vas­tatio, the devastation and depopu­lation of Hanniball and Pyrrhus was not soe great, such were the fatall fruits of an imperfect union. Where­upon the people of Rome instructed by fad experience did condiseend to a more intire union with them, and permitted them to participate of the priviledges and honors of Rome, being according to their worth preferred and placed in the Senate; which Claudius in Tacitus urgeth in the like case, for the bring­ing in of the chiefest of the French into the Senate in these words, Ne (que) enim ignoro Iulios Alba, Tacit. l. 11. Caruncanios Camerio, Portios Tusculo, & ne vetera scrutemur, Etruria, Lucania (que) & omni Italia in Senatum accites. Caeter a quis neseit? And needs no application.

But in this case the sovereign use of the Law hath almost made me to omit the necessity of Arms, and to demonstrate how through the insuf­ficiency and debility of English [Page 133]Colonies and the Militia in Ireland, a detestable and infernal design was hatched and contrived by the rebellious and bloody Papists, whereby all the Forts and Magazins in that Kingdom were to be surpri­zed in one day, and all the English Protestants massacred, and all Ire­land in one day to be lost, had it not through the providence of God, the very night before been disco­vered by one only Irish man, ser­vant to one Sir John Clotworthy whom Macmahon had unadvisedly trusted with the Plot: by which Dublin was saved and the sei­zure of the Castle, the Kingdomes chief Magazine prevented, to which purpose many rebels of great note came to the City the day before, who upon the apprehension of Mac­mahon escaped with the Lord Mac­quire that night, to do more mis­chief; & with the rest of the conspi­rators that were that day in all the country round about, within two months space murthered 200000 protestanes; many of them being [Page 134]by intollerable tortures brought to their end, besides infinit numbers who were robbed and spoiled of all they had, and daily driven naked and almost famished to Dublin for reliefe; with whom the City was soc filled that they were enforced for the preservation of themselves and the lives of their wives, children and families, to fly for succour into the severall parts of the Dominions of England and Wales.

It equalling, if not exceeding in number and cruelty, the execra­ble and perfidious Massacre of the Protestants in France and Paris. For Ireland being destitute of a Deputy and military guards, Hinc Hiberniae calamitas: the Lord Justices, Sir William Persons, and Sir John Bor­lace were driven to take those Arms which they found in Dublin, and to arm whom they could of a [...] ­dain to defend themselves and the [Page 135]places near, against the approach of the enemy. In this dangerous streight and perillous condition did the estates of the English in Ireland stand, who for want of a setled station of English Colonies were at the point to have lost themselves, and that Countrey; for the Eng­lish were so involved in homebred civil Wars, that the Parliament of England for a present aid could send them but twenty thousand pounds, and though afterwards, they transported some Regiments, yet for the space of ten years were they unable to free that countrey from that malignant and pestilent enemy. The Trojan Wars being incomparable to it for cruelty, for through our daily discords and di­stractions their cursed cruel crue continually augmented almost to the overwhelming and destruction of the English. But when all the malignants were quelled in Eng­land, and the Royalists debelled in Scotland, and that Dublin was be­sieged by the Irish with a formidable [Page 136]Army and in danger of a surrender, General Cromwell was sent by the Parliament of England to relieve Dublin, and suppress the Irish Re­bels; at whose approach Colonel Jones encouraged, made an unex­pected and suddain sally on the enemy, and valiantly repelling them, put them all to flight; which the General pursuing, within a short space bysnarp siedges regained those strong Towns and Garrisons which the Irish had surreptitiously surprized, and by degrees cleared the countrey of such seditious Irish as seduced and corrupted the well affected of that Nation, and having setled it in peace and safety, at his return was honoured with the thanks of the Parliament.

And now the provident Parlia­ment apprehending it more safe and advantagious to prevent commoti­ons then to suppress them, ordain­ed and appointed English Colonies to be deduced into Ireland, which they committed first to the charge of Lieutenant General Ireton, and [Page 137]after his death to the Marshalling of Lieutenant General Charles Fleet­wood, who afterwards for his singu­lar care and vigilancy was by the Lord Protector made Deputy of Ireland, both of them being succe­ssively Commanders in chief of a competent Army, and of all the Garrisons sufficiently fortifyed; and to strike the more terror into De­linquents, they censured the ring­leaders of that Rebellion with Ca­pital punnishment, Ʋt poena ad pau­cos, metus ad omnes perveniat. Cok. Com. And confiscated all the lands and goods of some, and sequestrated others to the use of the Commonwealth, by which Roman Model, Ireland ever since hath been ruled and preserved in peace and unity, the English language also being through conti­nual commerce the common speech among them.

To draw all to period. By this I hope it is made perspicuous that uni­ons of Kingdoms upon conquest, up­on which basis the most parts of such unions have been founded, being [Page 138]purchased by valour, are possessed and setled by the sweetness of cle­mency, power of Armes, severity of cle­mency, power of Armes, severity of Laws, and communication of lan­guage, which is fully demonstrated by that universal union of the Ro­man Orb, as by the particular u­nion of England, Wales, Scotland, and Ireland, which is by those means so compleatly perfected, and by the prowess and prudence of the Parliament and it's Conquering Champions fetled, that as it was worthily vowed by the late King James, faciam cos In gentem unam, which indeed he did endeavour to have effected; so it may be truly a­verred of the Common-wealth of England, Quod fecit cos in gentem u­na [...], that it hath made those seve­ral Countries one Nation, which the premised Roman course being observed, may so remain and con­tinue, Dum coelum & stellae eandem rationem obtinent, whilst the Sun and Stars run the same course.

With this hypothetical caution, if union be softred and cherished [Page 139]among our selves, and ambitious and envious discord shnaned, which as a swelling and eminent Rock, [...]sheth in pieces, the firmest com­monwealth approaching it, & which was the ruine of the Roman com­monwealth it self as the Venusine Poet. ‘Suis & ipsa Roma viribus ruit. Hor. e. 15.’ And therefore let us lay aside all occasions of diffidence and suspiti­on which may breed discord and dissention, and remember the ani­madversion of St. Paul, that if you bite and devour one another, take heed you be not consumed one of another; for humana Consilia Ca­stig antur, ubi divinis praeferuntur.

Thus hath the Author rudely wo­ven a difficult work, which deserves a finer thread and a neater Artist, yet proposing truth for his end, he hopeth it may countenance the simplicity of the stile, Cok. li. 10. ep. for veritatis sermo simple [...] and his labour what­soever it is, Tacit. Agr. for the profession of truth aut laudatus, aut excusatus erit, yet [Page 140]respecting himself, he is so far from the imagination of praise, that he shall conceive himself favourably dealt withal, if he may find par­don for his presumption.