A
TREATISE
OF
VNION
OF
The
two
Realmes
of
ENGLAND
and
SCOTLAND
.
By
I.
H.
AT
LONDON
Imprinted
by
F.
K.
for
C.
B.
and
are
to
be
sold
at
his
shop
in
Pauls
Church-yard
at
the
signe
of
the
Swanne
.
1604.
-
This
treatise
consisteth
of
two
parts
,
-
A
commendation
of
Vnion
,
-
General
,
Chap.
1.
-
Particular
,
of
the
two
Realmes
of
England
and
Scotland
,
wherin
is
considered
,
the
-
Vtilitie
,
viz.
-
The
extinguishing
of
wars
,
betweene
the
two
Nations
,
whereby
-
1.
Our
victories
haue
been
hindered
.
-
2.
Inuasions
haue
been
occasioned
.
-
3.
The
borders
betweene
both
Realmes
haue
alwaies
been
laid
waste
.
-
4.
The
inner
partes
haue
been
often
distressed
.
-
Enlargement
of
Dominion
from
whence
will
proceede
-
1.
The
Dignitie
and
repatation
of
the
State
.
-
2.
●ssurance
of
Defence
.
-
3.
Strength
to
enterprise
.
-
4.
Ease
in
sustaining
the
publike
charge
of
affaires
.
-
Cap.
2.
-
Necessitie
,
Cap.
3.
-
The
means
whereby
this
Vnion
may
be
assuredly
effected
,
and
this
consisteth
in
two
poynts
,
-
1.
By
incorporating
both
people
into
one
politicke
body
:
and
this
is
done
,
by
binding
them
together
with
the
same
Lawes
,
(
particular
customes
alwaies
reserued
)
which
are
the
very
nerues
of
a
politicke
bodie
,
Chap.
4.
Here
two
opinions
are
considered
.
-
1.
That
the
Lawes
of
England
since
the
time
of
Brutus
,
were
neuer
changed
,
which
is
fabulous
.
-
2.
That
change
of
Lawes
traineth
many
disorders
with
it
:
But
this
faileth
in
two
cases
,
-
1.
Where
the
change
is
not
great
.
-
2.
Where
it
is
not
suddaine
,
but
in
time
,
and
by
degrees
.
-
Cap.
5.
-
2.
By
knitting
their
minds
in
one
contentment
and
desire
,
Chap.
6.
Herein
two
circumstances
are
principally
considered
,
-
Equalitie
in
-
Libertie
and
Priuiledge
-
Capacity
of
office
&
charge
-
Cap.
7
:
-
Conformitie
or
Similitude
,
Cap.
8.
especially
in
-
Habite
and
behauiour
,
Cap.
9.
-
Language
,
Cap.
10.
-
Name
,
Cap.
11.
wherein
is
further
considered
.
-
What
common
name
is
most
fit
,
and
whether
the
like
change
in
name
hath
been
vsuall
or
●
.
Cap.
12.
-
Certaine
obiections
,
concerning
-
Matters
of
State
inward
,
or
matters
of
Lawe
.
Cap.
13.
-
Matters
of
State
forrein
,
or
matters
of
entercourse
,
Cap.
14.
-
Matters
of
honor
and
reputation
.
Cap.
15.
The
Preface
.
I
Am
not
ignorant
,
how
aduenturous
it
is
to
entermeddle
in
those
controuersies
,
wherein
the
minds
of
men
being
stiffened
in
conceite
,
and
possessed
with
preiudice
of
opinion
,
they
esteeme
a
man
in
that
degree
learned
or
vnlearned
,
wise
or
weake
,
according
as
hee
doth
either
iump
or
iarre
with
them
in
iudgement
.
But
in
these
high
controuersies
of
state
,
it
is
dangerous
also
for
a
priuate
man
to
deale
;
partly
,
for
that
he
may
be
assured
not
to
escape
the
blowes
of
them
,
whose
enuious
disposition
cannot
looke
right
vpon
any
thing
,
nor
endure
the
burthen
of
another
mans
deseruing
well
;
but
especially
,
for
that
diuers
times
he
engageth
his
safetie
vpon
vncertaine
euents
,
wherein
his
hazards
do
very
farre
surmount
his
hopes
.
And
yet
,
because
in
ciuill
differences
we
cannot
but
hold
such
for
enemies
,
as
,
either
through
negligence
,
which
is
ill
,
or
through
feare
,
which
is
worse
,
stand
in
shew
of
Neuters
,
expecting
the
issue
with
an
idle
eye
;
for
that
it
often
happeneth
,
that
by
withdrawing
our selues
in
the
beginning
of
dissentions
,
we
are
afterwards
able
to
affoord
no
other
either
comfort
or
reliefe
,
but
to
mourne
with
the
rest
in
the
publike
miserie
;
I
haue
aduised
,
and
thereupon
aduentured
to
thrust
my selfe
into
the
common
throng
:
being
rather
assured
than
in
hope
,
that
howsoeuer
I
be
both
priuate
and
meane
,
And
hereof
I
haue
the
more
reason
to
presume
,
for
that
I
finde
not
my selfe
caried
by
any
peeuish
humor
of
discontentment
,
which
will
ruinate
so
many
as
it
doth
rule
;
nor
by
any
seruill
desire
of
pleasing
or
flattering
,
which
I
haue
alwaies
esteemed
more
base
than
begging
;
nor
by
any
false
and
foolish
ouerweening
,
whereby
many
doe
conceiue
that
nothing
can
be
well
either
determined
or
done
,
except
they
haue
a
finger
in
it
:
but
first
,
for
loue
to
the
good
of
the
state
,
whereto
we
are
by
all
true
rules
most
neerely
tied
;
and
next
,
in
dutie
toward
his
Maiestie
,
to
whom
we
are
not
onely
in
conscience
but
in
necessitie
bound
to
bee
loyall
.
Touching
whom
,
it
concerneth
vs
also
to
consider
,
in
what
state
of
reputation
he
shall
stand
,
and
how
others
will
be
encouraged
to
vse
insolencie
against
him
;
(
the
thoughts
of
men
aduancing
by
degrees
)
if
in
his
first
purposes
,
hauing
reason
and
equitie
concurring
with
his
power
,
he
shall
not
finde
the
meanes
to
preuaile
.
It
behoueth
vs
to
be
,
as
resolute
and
constant
for
the
good
of
the
state
,
so
wise
in
discerning
what
is
good
;
otherwise
we
are
not
resolute
but
rash
,
and
our
constancie
is
no
other
than
an
ill
grounded
obstinacie
.
It
behoueth
vs
againe
,
not
to
be
more
wittie
to
frame
feares
,
than
wise
to
iudge
them
,
assuring
our selues
,
that
those
things
which
seeme
dangerous
and
are
not
,
doe
daily
decline
and
deminish
by
degrees
;
and
that
those
counsailes
which
proceede
,
not
from
iudgement
well
grounded
,
but
from
some
distemperature
of
affection
,
after
they
haue
a
little
throwne
vp
their
fume
and
fire
,
doe
sodainly
dissolue
,
and
vanish
as
vaine
.
Lastly
it
behoueth
vs
to
foresee
,
that
a
time
may
come
,
which
will
manifest
how
profitable
it
might
be
,
not
to
haue
been
negligent
in
things
which
seemed
to
be
small
:
for
that
oftentimes
vpon
matters
appearing
of
little
weight
,
things
of
great
consequence
doe
depend
.
A
TREATISE
OF
VNION
.
CHAP.
I.
A
commendation
of
Vnion
in
generall
.
I
Will
not
write
generally
of
the
nature
of
vnion
,
whereof
diuers
haue
diuersly
made
discourse
.
And
concerning
the
excellencie
thereof
,
I
know
not
what
neede
there
is
to
adde
any
thing
to
that
which
S.
Augustine
saith
:
Plutarch
,
Alexander
and
Laertius
doe
report
;
who
added
thereunto
,
that
vnitie
is
the
originall
of
good
,
[
1
](A02874-e1020-b)
1
In
Timaeo
.
;
measureth
all
things
by
one
[
2
](A02874-e1030-b)
2
In
Philebo
.
:
and
reduceth
all
things
into
one
[
3
](A02874-e1040-b)
3
In
Epinomide
.
.
And
generally
all
true
testimonies
doe
agree
,
that
the
greatest
perfection
of
glory
,
beautie
,
stabilitie
or
strength
,
is
either
occasioned
by
vnion
,
or
therein
found
.
CHAP.
II.
More
particularly
of
the
Vnion
of
the
two
Realmes
of
England
and
Scotland
:
and
first
of
the
vtilitie
thereof
.
BVt
to
descend
into
particular
consideration
,
touching
the
vnion
of
these
two
Realmes
of
England
and
Scotland
,
the
benefits
which
are
presented
thereby
are
so
many
and
manifest
,
that
the
chiefest
impugners
thereof
are
not
able
,
euen
in
the
greatest
tempest
of
their
iudgement
,
directly
to
denie
them
,
onely
they
seeke
either
in
silence
or
generalities
to
passe
them
ouer
,
or
els
by
propounding
many
difficulties
,
to
qualifie
our
wils
from
pursuing
them
by
desire
.
For
,
whereas
there
are
two
respects
which
combine
and
knit
people
together
,
the
one
a
vehement
feare
,
either
in
preuenting
or
in
remouing
of
some
euill
;
the
other
(
which
is
the
weaker
)
an
vrgent
hope
and
desire
,
in
attaining
of
some
good
:
both
these
doe
present
themselues
most
liuely
vnto
vs
;
and
from
these
two
principall
respects
,
two
principall
benefits
doe
infallibly
ensue
.
The
first
is
,
the
extinguishing
of
warres
betweene
the
two
nations
:
the
second
is
,
the
enlargement
both
of
dominion
and
power
.
Touching
the
first
,
it
alwaies
falleth
,
that
the
breaking
of
one
countrey
into
diuers
principalities
,
is
an
assured
ground
of
miserie
and
warre
,
by
reason
of
the
diuersitie
both
of
the
interest
and
of
the
ends
of
those
that
possesse
it
:
neither
is
there
any
meanes
to
reduce
the
same
into
conditions
of
quiet
,
but
by
restoring
it
againe
to
the
state
of
Vnion
.
This
meanes
hath
in
a
short
course
of
time
altogether
appeased
the
cruell
and
inueterate
,
not
onely
butcheries
but
hate
,
betweene
the
English
and
the
Welsh
;
and
I
am
not
assured
whether
the
want
of
this
hath
made
all
other
appliancies
,
whether
of
clemencie
,
or
of
iustice
,
or
of
armes
,
if
not
vnprofitable
,
yet
insufficient
,
to
represse
the
riotous
rebellions
of
Ireland
.
And
how
great
haue
been
the
miseries
and
mischiefes
,
which
haue
heretofore
proceeded
from
the
warres
betweene
England
and
Scotland
,
it
may
euidently
appeare
,
by
seuerall
consideration
of
the
effects
thereof
.
First
therefore
the
course
of
our
conquests
,
especially
in
France
,
Now
,
for
the
largenes
of
the
benefit
of
enlargement
of
dominion
,
wee
are
chiefly
to
consider
both
the
nature
and
abilities
,
as
well
of
the
countrie
which
shall
be
ioyned
vnto
vs
,
as
of
the
people
which
possesse
it
.
The
countrey
is
if
not
plentifull
,
yet
sufficient
to
furnish
,
not
onely
the
necessities
,
but
the
moderate
pleasures
of
this
life
:
wherein
,
whosoeuer
is
brought
vp
and
bred
,
hee
will
neuer
be
grieued
to
abide
.
The
people
are
,
great
in
multitude
,
resolute
in
minde
,
for
seruice
apt
,
in
faith
assured
,
in
wils
tr●etable
,
moderate
in
hopes
,
bearing
one
common
desire
to
commit
their
liues
to
any
aduenture
,
not
only
for
the
safetie
,
but
for
the
glorie
of
their
state
:
and
generally
their
conditions
so
well
furnished
,
as
they
did
neuer
better
than
now
flourish
in
all
mortall
felicities
.
By
addition
of
such
both
people
and
place
,
many
particular
benefits
will
inseparably
ensue
.
And
first
,
it
will
bee
a
greater
increase
of
dignitie
Salomon
;
The
honour
of
a
King
is
in
the
multitude
of
people
.
And
therefore
the
Scripture
reporteth
it
as
a
great
part
of
his
glorie
;
that
he
reigned
ouer
all
kingdomes
from
the
riuer
(
Euphrates
)
to
the
land
of
the
Philistims
,
and
vnto
the
border
of
Egypt
;
and
in
all
the
region
on
the
other
side
the
riuer
.
And
if
in
our
hearts
may
be
any
desires
more
violent
than
of
glorie
,
there
are
other
effects
of
this
encrease
of
dominion
and
power
,
more
mightie
to
moue
vs
,
or
at
the
least
more
necessarie
.
For
hereby
also
our
defence
will
bee
the
more
assured
;
Further
,
Lastly
,
CHAP.
III.
Of
the
necessitie
of
this
Vnion
,
and
by
what
meanes
it
may
be
perfected
.
I
Will
not
further
enlarge
vpon
these
seuerall
benefits
;
partly
because
I
addresse
not
my
speech
to
such
sicke
iudgements
,
as
esteeme
nothing
sound
which
doth
not
beare
a
beautifull
shew
;
partly
because
they
appeare
vnto
me
so
certaine
and
plaine
,
that
I
holde
it
not
reasonable
to
stand
and
dispute
them
:
but
chiefely
for
that
this
vtilitie
of
vnion
is
seconded
also
with
a
kinde
of
necessitie
;
which
is
mightie
to
bend
those
minds
that
are
inuincible
against
all
other
meanes
.
For
,
if
people
reduced
vnder
one
gouernment
be
not
therein
vnited
;
if
they
be
set
together
,
and
not
into
one
;
they
are
like
sand
without
lime
,
subiect
to
dissipation
by
euery
winde
:
they
are
like
vnto
stones
,
heaped
,
but
not
compacted
together
,
easily
seuered
by
their
proper
weight
.
Hereupon
Liuie
saith
:
Tolle
vnitatem
,
&
omnes
imperij
contextus
in
multas
partes
dissident
:
Take
away
vnitie
and
all
the
frame
of
the
Empire
will
separate
into
many
parts
.
Which
is
also
confirmed
by
that
saying
of
Christ
;
A
kingdome
deuided
cannot
continue
.
So
that
if
any
man
,
either
blinded
by
aduerse
and
peruerse
destinie
,
or
else
caried
,
whether
by
feare
,
the
vnderminer
of
all
determinations
,
or
by
enuie
,
the
rebell
to
all
reason
,
shall
now
make
offer
,
directly
or
by
circumstance
to
oppose
against
this
Vnion
,
and
to
encounter
the
benefits
thereof
with
priuate
respects
;
we
haue
iust
cause
,
not
onely
to
deny
him
audience
,
but
to
beare
a
hard
opinion
of
him
;
as
not
knowing
to
what
ends
his
thoughts
are
disposed
.
It
remaineth
onely
that
wee
consider
,
by
what
meanes
these
benefits
may
be
best
assured
;
that
is
,
by
what
meanes
both
nations
may
bee
reduced
to
an
inseparable
imbracement
.
To
this
purpose
we
are
to
respect
the
two
parts
of
perfect
Vnion
of
diuers
states
;
The
first
is
,
by
incorporating
the
people
into
one
politicke
body
;
the
second
,
by
knitting
their
minds
in
one
contentment
and
desire
:
euen
according
to
that
which
Sant
Paul
saith
:
one
body
,
and
one
spirit
.
Of
these
two
parts
of
Vnion
,
the
first
may
bee
termed
of
law
,
and
the
second
of
loue
;
whereof
I
will
speake
now
in
order
,
so
briefly
as
I
may
not
be
obscure
;
and
so
fully
as
the
auoyding
of
tediousnes
will
permit
.
CHAP.
IIII.
Of
the
bodily
Vnion
,
or
Vnion
by
law
.
THe
bodily
or
politicke
Vnion
is
no
other
thing
,
but
the
collecting
of
both
people
vnder
one
common
gouernment
and
commaund
,
and
the
ioyning
of
them
in
obedience
vnto
one
head
.
For
these
two
points
of
commaunding
and
obeying
are
the
very
soule
of
a
common-wealth
,
the
absolute
offices
of
ciuill
societie
,
the
onely
obiects
of
a
perfect
stateseman
:
for
as
without
commaund
there
is
no
direction
,
so
without
obedience
there
is
no
strength
:
as
direction
needeth
strength
,
so
is
strength
vnprofitable
without
direction
.
Of
the
first
of
these
two
Seneca
speaketh
:
[
1
](A02874-e1520-b)
1
De
Clem.
lib.
1
Istud
est
vinculum
,
per
quod
resp.
cohaeret
;
ille
spiritus
vitalis
.
quem
haec
tot
mili●trabunt
;
nihil
ipsa
per
se
futura
nisi
o●us
&
sraeda
,
si
m●●s
illa
imperij
subtrahatur
.
This
is
the
band
of
coherence
in
a
common-wealth
;
this
is
the
vitall
spirit
which
these
so
many
thousands
doe
breath
;
who
would
become
nothing
by
themselues
but
a
burthen
and
a
pray
,
if
this
soule
of
command
be
taken
from
them
:
Of
the
second
Liuie
:
[
2
](A02874-e1550-b)
2
Lib.
3.
Vires
imperij
in
conssersu
obedientium
sunt
.
The
strength
of
the
Empire
consisteth
in
consent
of
those
that
obey
:
Sophocles
of
both
:
[
3
](A02874-e1570-b)
3
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
There
is
no
greater
euill
than
want
of
gouernment
:
but
obedience
of
Subiects
saueth
many
liues
.
These
are
the
two
legges
to
support
,
the
two
armes
both
to
feede
and
defend
the
common-wealth
:
if
one
of
these
be
taken
away
,
both
doe
perish
,
the
vnitie
of
state
dissolueth
,
Idemque
dominandi
finis
erit
,
qui
parendi
fuerit
:
and
there
will
be
(
saith
Seneca
)
the
same
period
of
ruling
which
shall
be
of
obeying
.
But
,
because
there
is
no
forme
of
gouernment
now
but
by
lawes
;
because
lawes
are
the
instrument
and
meane
both
of
obedience
and
rule
;
if
followeth
,
that
there
is
no
firme
connexion
in
one
forme
of
gouernment
,
that
there
is
not
one
entire
and
vndeuided
subiection
and
commaund
,
where
the
people
are
not
bound
together
by
one
common
law
.
But
as
,
how
cunningly
soeuer
a
painter
layeth
on
his
colours
to
make
two
bordes
seeme
one
,
yet
if
they
be
not
made
firme
in
the
ioynts
,
they
will
alwaies
remaine
,
and
in
short
time
appeare
to
be
two
:
so
,
whatsoeuer
apparances
are
vsed
to
make
two
states
seeme
one
,
if
they
haue
not
one
communitie
of
lawes
,
they
remaine
notwithstanding
,
and
vpon
small
occasions
will
shew
themselues
disioynted
,
They
ought
to
be
of
one
law
,
who
are
to
liue
vnder
one
King
.
And
Tacitus
lkewise
affirmeth
,
All
authoritie
is
ouerthrowne
by
continuall
contradicting
.
And
this
is
manifest
by
that
which
happened
in
the
infancie
of
the
popular
state
of
Rome
,
when
the
Senate
made
lawes
for
themselues
,
Senatus
consulta
:
and
againe
,
the
common
people
made
lawes
for
themselues
,
which
they
termed
Plebiscita
:
but
herewith
they
were
diuided
in
companie
,
which
was
more
daungerous
vnto
them
,
than
the
inuasions
of
their
best
appointed
enemies
.
Neither
could
those
disorders
be
ranged
into
any
tolerable
forme
,
vntill
by
the
law
Hortensia
,
the
lawes
of
both
were
extended
equallie
vnto
all
.
Afterward
for
auoyding
the
like
inconueniences
,
the
Romanes
permitted
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
proprietie
of
lawes
,
to
no
prouince
which
they
did
absolutely
subdue
;
but
reduced
them
vnder
gouernment
of
the
Romane
lawes
.
According
to
which
example
King
Iohn
also
planted
in
Ireland
the
lawes
which
were
then
the
lawes
of
this
realme
.
And
this
made
the
Vnion
of
all
the
kingdomes
of
Spaine
,
and
likewise
of
little
Britaine
with
France
both
more
easie
,
and
also
more
sure
,
because
they
had
commonly
receiued
the
same
ciuill
lawes
.
For
lawes
are
the
common
bandes
of
all
cities
and
societies
of
men
;
the
very
ligaments
and
nerues
of
euery
politicke
body
:
and
therefore
in
those
countries
that
are
ruled
by
different
lawes
,
though
other
differences
may
be
quieted
,
composed
they
cannot
be
.
This
is
plainely
confirmed
by
that
which
Cicero
saith
:
Law
and
equitie
are
the
bands
of
cities
:
whereto
that
of
Euripides
is
agreeable
in
sense
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
This
is
that
which
holdeth
cities
together
,
When
men
doe
well
obserue
the
Lawes
.
CHAP.
V.
Whether
all
change
of
Lawes
be
daungerous
to
a
State
.
THIS
streine
peraduenture
will
sound
harsh
vnto
many
,
in
whose
eares
suspition
doth
sit
,
to
beate
backe
the
creadit
of
any
kinde
whether
of
perswasion
or
proofe
.
From
these
I
expect
two
principall
obiections
.
The
first
is
,
that
the
lawes
of
England
were
neuer
changed
since
the
time
of
Brutus
;
not
onely
in
the
peaceable
state
of
the
realme
,
but
not
by
any
of
the
seuerall
conquerors
thereof
:
not
by
the
Normanes
,
Danes
,
Saxones
;
no
not
by
the
Romanes
,
who
vsually
changed
the
laws
of
all
other
countries
which
they
brought
vnder
the
sway
of
their
sword
:
but
that
in
all
other
changes
,
whether
of
inhabitants
,
or
of
state
,
the
lawes
doe
still
remaine
the
same
,
which
Brutus
compiled
out
of
the
Troian
lawes
;
and
therefore
it
is
not
fit
they
should
in
any
point
be
altered
.
I
will
not
now
spend
time
vpon
this
opinion
;
partly
because
it
is
not
commonly
receiued
,
but
especially
for
that
I
haue
in
a
particular
treatise
examined
at
large
,
the
parts
and
proofes
of
this
assertion
.
Not
as
derogating
any
thing
from
the
true
dignitie
of
the
common
law
;
but
as
esteeming
hyperbolicall
praises
now
out
of
season
;
as
neuer
sutable
but
with
artlesse
times
.
The
second
obiection
will
bee
,
that
change
of
lawes
alwaies
traineth
so
many
disorders
,
as
are
sufficient
to
shake
the
whole
frame
of
a
state
,
if
not
to
dissolue
it
.
Tacitus
saith
:
[
1
](A02874-e2000-b)
1
〈…〉
.
In
all
affaires
the
prouision
of
former
〈◊〉
is
best
,
and
euery
conn●●sion
is
a
change
to
the
worse
.
Whereupon
Valerius
hath
written
:
[
2
](A02874-e2030-b)
2
〈…〉
Se●
answere
to
Dol.
man
.
p.
g.
23.
Euen
in
least
things
wee
must
not
alter
the
least
point
of
auncient
custome
.
This
may
be
further
fortified
by
the
great
care
and
seueritie
which
many
nations
haue
vsed
;
and
most
especially
the
Spartanes
,
Athenians
,
Epidaurians
,
●●rians
and
Scythians
,
as
well
to
preuent
as
to
punish
al
attempts
of
innouation
;
as
taking
the
same
,
either
for
a
cause
or
presage
of
some
confusion
.
For
my
part
,
I
doe
vtterly
condemne
either
light
or
often
alterations
of
lawes
;
knowing
that
so
reuerent
respect
is
borne
to
antiquitie
,
that
auncient
lawes
are
oftentimes
of
force
without
helpe
of
magistrates
to
maintaine
themselues
:
but
new
lawes
are
so
farre
from
this
grauitie
and
grace
,
that
many
times
they
draw
the
residue
into
contempt
.
The
plant
thriueth
not
(
saith
Seneca
)
which
is
often
remoued
.
Keepe
the
lawes
which
you
haue
strongly
;
change
not
any
of
them
,
for
those
things
that
abide
in
the
same
state
,
although
they
be
worse
,
are
more
profitable
than
those
that
are
alwaies
changed
,
although
in
apparance
they
seeme
better
:
Which
was
also
the
opinion
of
Alcibiades
in
Thucidides
;
that
those
men
remaine
most
safe
,
who
are
gouerned
by
their
present
customes
and
lawes
without
change
,
although
the●
be
worse
.
And
yet
on
the
other
side
,
I
am
as
farre
from
allowing
a
strict
and
seuere
tenacitie
of
lawes
;
which
(
being
another
extreame
)
is
many
times
more
either
hurtfull
or
vnprofitable
,
than
the
light
change
of
them
.
For
who
will
commend
the
counsaile
of
the
Epidaurians
,
who
for
feare
of
attracting
innouation
,
interdicted
their
people
from
all
forreine
both
trauaile
and
trade
?
or
that
of
the
Locrians
,
who
to
keepe
their
lawes
both
from
change
and
encrease
,
erected
an
vse
,
that
whosoeuer
would
haue
a
new
law
established
,
hee
should
propound
the
same
,
his
necke
girt
in
a
halter
,
that
if
it
were
not
esteemed
necessarie
,
his
law
and
life
might
end
together
.
Sometimes
entire
alteration
of
gouernment
is
necessarie
.
For
so
Plutarch
writeth
,
Old
rigour
and
too
great
seueritie
is
hurtfull
vnto
vs
,
because
we
are
not
able
to
match
.
Neither
is
any
inconuenience
by
such
particular
change
of
lawes
either
feared
or
felt
,
if
two
circumstances
be
therein
obserued
.
One
,
that
the
change
bee
not
great
;
the
other
,
that
it
be
not
sudden
,
but
at
leisure
and
by
degrees
.
Now
,
to
reduce
the
lawes
of
England
and
Scotland
into
one
bodie
,
it
seemeth
the
change
will
not
bee
great
.
First
,
for
that
customes
and
priuiledges
of
particular
places
are
not
to
be
impeached
;
for
these
are
diuers
in
euery
nation
,
without
any
notable
inconuenience
,
so
that
conformitie
be
held
in
one
common
law
.
Secondly
,
the
fundamentall
lawes
(
as
they
are
termed
)
of
both
kingdomes
and
Crownes
doe
well
agree
.
In
other
lawes
of
gouernment
they
hold
good
conformitie
,
as
hauing
heretofore
bin
vnder
one
scepter
;
but
now
by
long
seuerance
the
lawes
of
either
nation
are
like
a
shooe
worne
long
vpon
one
foote
,
and
thereby
made
rather
vnseemely
than
vnseruiceable
for
the
other
.
Of
these
lawes
,
they
that
are
diuers
but
not
contrarie
,
may
still
be
retained
and
communicated
to
both
people
:
Examples
are
obuious
of
the
like
commission
of
lawes
:
but
I
will
insist
onely
vpon
one
;
which
is
most
memorable
,
and
most
properly
concerneth
both
our
countrey
and
our
case
.
When
King
Edward
surnamed
the
Confessor
was
aduanced
to
the
Crowne
,
he
found
the
realme
gouerned
by
three
different
lawes
;
the
West-saxon
law
,
the
Mercian
law
,
and
the
Dane
law
.
Out
of
these
three
lawes
,
partly
moderated
,
and
partly
supplied
,
hee
composed
one
bodie
of
law
,
commonly
called
S.
Edwards
lawes
:
which
were
of
so
great
equitie
,
that
when
they
were
abrogated
by
the
Conquerour
,
and
the
Crowne
fell
into
controuersie
betweene
Mawd
the
Empresse
and
King
Stephen
,
the
people
alwaies
inclined
to
fauour
that
part
,
who
put
them
in
fairest
hope
of
restitution
of
those
lawes
.
And
afterwards
in
many
ciuill
contentions
,
the
greatest
demaund
of
the
people
appeareth
to
haue
been
,
the
restitution
of
King
Edwards
lawes
.
And
yet
these
alterations
are
most
safely
wrought
in
some
meane
course
and
compasse
of
time
;
Et
quam
minimo
sonitu
orbis
ille
in
rep.
conuertatur
:
That
this
circle
may
bee
turned
in
the
state
,
without
any
great
sound
.
And
so
Dio
writeth
,
that
Augustus
did
not
presently
put
all
things
in
practise
which
were
decreed
:
Fearing
that
he
should
erre
,
if
he
would
suddenly
apply
men
vnto
them
;
but
some
things
hee
redressed
presently
,
and
the
rest
afterwards
:
vpon
which
manner
of
proceeding
Tacitus
also
reporteth
of
him
,
that
he
did
by
degrees
aduance
himselfe
and
draw
the
offices
both
of
lawes
and
Magistrates
into
his
hands
.
For
,
if
it
be
true
that
Zenophon
saith
:
[
1
](A02874-e2680-b)
1
2.
P●ri
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
It
is
easier
to
rule
all
other
creatures
than
man
:
and
which
Seneca
affirmeth
;
[
2
](A02874-e2720-b)
2
De
clem
.
lib.
1.
Nullum
animal
morosiu●
〈◊〉
,
nullum
ma●ori
artetractandum
.
No
liuing
creature
is
of
harder
conditions
,
none
to
be
handled
with
greater
arte
:
If
it
be
true
also
which
Liuie
saith
:
[
3
](A02874-e2750-b)
3
Excellentibus
ingeniis
●tius
d●●fuerit
ars
qua
ciuem
regant
,
quam
qua
〈◊〉
superent
.
Excellent
wits
shall
sooner
faile
in
the
arte
to
gouerne
subiects
,
than
to
vanquish
enemies
:
it
followeth
,
that
oftentimes
a
people
may
be
ruled
,
more
fitly
by
following
,
than
by
striuing
or
opposing
:
euen
as
nature
driueth
not
violently
at
any
effect
,
but
enfoulding
her
ends
in
the
desires
of
her
creatures
,
hath
her
purposes
pursued
,
not
as
hers
,
but
as
their
owne
.
And
as
the
Sunne
is
continually
carried
with
the
sway
of
the
first
moueable
Sphere
,
and
yet
performeth
his
proper
motion
in
a
contrarie
course
:
so
a
Prince
may
oftentimes
yeeld
to
the
violent
mindes
of
the
multitude
,
When
wee
cannot
beare
into
the
hauen
with
a
full
and
faire
winde
,
to
doe
the
same
by
changing
saile
.
CHAP.
VI.
Of
vnion
of
mindes
or
of
loue
.
I
Wil
proceed
now
to
the
vnion
of
minds
,
without
which
the
bodily
vnion
is
of
little
strength
,
either
for
present
vse
,
or
for
continuance
.
For
all
forced
gouernments
are
both
weake
and
momentany
,
because
they
leaue
out
the
will
of
man
,
without
which
it
is
impossible
there
should
be
either
any
firme
or
long
coherence
.
For
although
other
creatures
may
be
enforced
beyond
their
wils
,
yet
the
will
of
man
is
not
subiect
to
constraint
;
because
it
a
waies
followeth
the
direction
of
reason
;
(
though
sometimes
darkened
or
abused
by
a●●ections
)
which
hauing
a
most
high
and
eminent
libertie
,
it
must
bee
perswaded
and
not
inforced
:
the
vnderstanding
must
first
be
wrought
and
wonne
,
and
that
is
the
onely
meanes
to
bring
the
will
into
obedience
.
This
vnion
of
will
and
of
minde
Seneca
termeth
,
Rege
incolumi
mens
omnibus
vna
.
And
herein
the
first
Christians
were
commended
,
the
band
of
peace
:
that
they
might
be
like
minded
:
But
this
vnion
of
mindes
betweene
the
English
and
the
Scots
is
not
to
bee
esteemed
a
matter
which
may
easily
be
effected
;
by
reason
of
the
great
differences
which
haue
been
betweene
them
.
For
in
old
enmities
it
is
hard
to
establish
both
a
present
and
perfect
reconciliation
;
because
either
suspition
,
or
contempt
,
or
desire
of
reuenge
are
proper
and
assured
meanes
,
either
alwaies
to
continue
,
or
readily
to
renue
the
ancient
hate
.
And
yet
this
will
prooue
most
easie
and
plaine
,
if
industrie
be
applied
to
the
opportunitie
present
.
And
the
rather
,
for
that
it
hath
pleased
God
to
open
the
way
to
this
Vnion
in
such
a
time
as
there
is
almost
no
memorie
of
any
warre
betweene
the
two
nations
:
insomuch
as
the
long
peace
which
hath
now
continued
more
than
fiftie
yeeres
,
and
the
mutuall
offices
which
in
the
meane
time
haue
been
shewed
,
haue
now
either
worne
out
,
or
at
least
much
weakned
the
hate
,
which
in
former
times
,
by
reason
of
continuall
warre
,
was
almost
growne
to
be
naturall
.
Onely
some
circumstances
must
be
considered
,
without
which
it
is
alwaies
hard
,
and
whereby
it
is
neuer
impossible
,
to
worke
the
willes
and
desires
of
diuers
people
into
one
.
These
circumstances
may
bee
reduced
to
two
principall
heads
:
the
first
is
equalitie
;
the
second
,
conformitie
or
similitude
in
all
things
whereby
any
notable
difference
should
be
maintained
or
made
.
CHAP.
VII
.
Of
Equitie
.
I
Doe
not
speake
of
Arithmeticall
equalitie
,
which
is
equall
in
the
thing
,
giuing
to
all
alike
;
but
not
in
the
persons
(
as
is
Geometricall
)
allowing
vnto
euery
man
according
to
his
due
:
I
speake
not
of
equalitie
in
degree
,
or
in
estate
,
for
that
were
the
greatest
inequalitie
that
could
bee
;
but
in
libertie
and
priuiledge
,
(
which
is
the
maine
supporter
of
peace
)
and
in
capacitie
both
of
office
and
charge
.
That
as
the
Sunne
riseth
and
shineth
to
all
alike
,
so
the
law
should
comprehend
all
in
one
equall
and
vnpartiall
equitie
.
Of
this
equalitie
Plato
saith
;
[
1
](A02874-e3030-b)
1
De
legib.
li.
●
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Equalitie
maketh
friendship
,
and
is
the
very
mother
of
friendship
:
which
he
citeth
as
an
old
saying
of
Pythagoras
,
and
doth
exceedingly
both
allow
and
commend
the
same
.
[
2
](A02874-e3070-b)
2
Polit.
5.
cap.
1.
&
2.
Aristotle
doth
esteeme
inequalitie
the
ground
of
suspition
;
which
the
[
3
](A02874-e3090-b)
3
16.
q.
7.
l.
cum
oportet
C.
de
bo.
quae
lib.
law
also
accounteth
the
fewell
of
discord
:
but
of
equalitie
he
saith
;
[
4
](A02874-e3100-b)
4
Ethic.
8.
ca.
6.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
In
Phoeniss
.
All
these
friendships
are
by
equalitie
.
And
to
the
same
purpose
Euripides
hath
written
;
—
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Equalitie
bindeth
friends
to
friends
,
cities
to
cities
,
and
confederates
to
confederates
.
For
equalitie
is
law
to
men
.
But
the
lesse
is
alway
enemie
to
the
greater
,
and
forthwith
entreth
into
hate
.
Hereto
agreeth
that
of
Theognis
:
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Omnes
hisese
venerantur
,
amantque
vicis●im
,
Vicini
,
aequa
●is
viribus
,
atque
s●ncs
.
Among
the
Latine
writers
Seneca
,
saith
:
Equalitie
is
the
principall
part
of
equitie
.
To
make
other
mens
aduantag●
as
gri●u●
is
vnto
them
,
as
their
proper
iniuri●s
.
And
his
was
one
principall
meane
,
whereby
the
Romane
state
receiued
both
continuance
and
〈◊〉
;
because
the
people
did
so
easily
impart
the
libertie●
of
their
citie
almost
vnto
all
.
We
see
that
equals
doe
best
ioy
together
:
which
sentence
seemeth
to
be
taken
out
of
Plato
,
and
is
by
him
in
another
place
in
this
sort
confirmed
:
Let
them
be
ioyned
in
equall
fauour
who
are
ioyned
in
equall
nature
.
What
doe
you
maruaile
if
strife
rise
among
brethren
for
house
&
for
ground
,
when
because
of
a
coate
the
children
of
holy
Iacob
did
burne
in
enuie
?
Hereupon
the
law
doth
alwaies
incline
to
maintaine
equalitie
among
brethren
,
in
case
of
succession
;
and
that
whether
we
respect
the
pretorian
[
1
](A02874-e3550-b)
1
L.
1.
C.
vnde
lib.
l.
si
post
.
§.
si
.
d.
de
bon.
〈…〉
.
,
or
ciuill
law
[
2
](A02874-e3560-b)
2
L.
inter
fil●os
.
C.
〈…〉
.
,
or
else
the
imperiall
constitutions
[
3
](A02874-e3570-b)
3
I.
pen
.
C.
com
.
d●u
.
l.
vlt.
C.
com
.
〈◊〉
.
iudi●
.
C
de
collat.
per
to
tot
.
t●t
.
.
And
Baldus
noteth
,
that
all
statutes
which
admit
children
vnequally
to
succeede
,
are
against
naturall
equitie
[
4
](A02874-e3590-b)
4
In
d.
l.
inter
filios
.
.
Generally
,
not
onely
the
interpreters
,
but
the
authors
also
of
the
ciuill
law
,
doe
so
fauour
equalitie
among
brethren
,
that
for
this
cause
they
extend
or
restraine
the
disposition
of
a
testator
[
5
](A02874-e3600-b)
5
I.
Cum
Pater
.
§
cuictis
D.
de
l●g
.
2.
l.
vlt.
C.
com
.
vtr
.
〈◊〉
.
&
ibidem
Dd.
;
insomuch
as
sometimes
that
is
intended
to
be
comprised
in
a
legacie
which
otherwise
should
not
[
6
](A02874-e3610-b)
6
L.
Quaesuu
.
§.
sed
&
ipse
.
D.
de
fund
.
instr
.
:
and
a
doubtfull
word
shall
also
receiue
a
forced
construction
[
7
](A02874-e3620-b)
7
Franc.
〈◊〉
.
in
l.
filiabus
.
D.
leg
.
1.
Bald.
Angel
.
Sali
.
in
l.
in
testamento
.
C.
de
test
.
mili
.
.
Further
,
the
priuileges
that
are
graunted
to
those
testaments
which
parents
make
among
their
children
,
doe
then
take
place
,
when
the
testator
doth
equally
dispose
among
them
..
[
8
](A02874-e3630-b)
8
Ro.
con.
179.
Phil.
Dec.
in
l.
1
in
2.
no.
C.
vnde
lib.
&
cons.
349.
&
361.
And
when
many
testaments
are
extant
of
such
nature
,
that
is
adiudged
of
force
which
doth
equally
dispose
[
9
](A02874-e3640-b)
9
Pau.
ca.
in
Auth
hoc
inter
.
C.
de
te●●a
.
Pau.
Paris
.
cons.
24
lib.
2.
.
And
in
conflict
and
opposition
of
opinions
that
is
to
be
followed
,
which
maintaineth
equalitie
among
brethren
[
10
](A02874-e3650-b)
10
Soct
.
in
rep.
l.
cum
.
mus
.
D.
de
cond.
&
〈◊〉
.
&
co●s
.
1●8
.
libr.
3.
Marcia
pater
ipsius
.
con.
4.
ia
si
.
.
In
a
word
,
brothers
doe
so
neerely
affect
equalitie
,
that
thereupon
was
formed
an
ancient
Greek
prouerbe
;
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
whereby
is
signified
that
brothers
will
goe
so
neere
in
departing
the
goods
of
their
auncester
,
that
they
will
not
leaue
a
few
figges
vndeuided
.
Of
this
prouerbe
Martiall
writeth
.
Calliodorus
habet
censum
,
quis
nescit
?
equestrem
,
Sexte
,
sed
&
fratrem
Calliodorus
habet
;
Quadraginta
secat
,
qui
di●it
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Vno
credis
equo
posse
sedere
duos
?
So
that
it
is
little
maruaile
which
other
authors
doe
report
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
And
yet
howsoeuer
capacitie
of
offices
or
preferments
should
be
equall
to
both
people
,
To
giue
aduise
in
affaires
of
a
common-wealth
,
it
is
a
principall
point
,
to
haue
knowledg
of
the
same
.
Officers
and
employments
of
state
are
in
the
hands
of
the
King
as
graines
,
to
make
the
ballances
equall
;
and
must
not
promiscuously
be
bestowed
,
vntill
by
benefit
of
time
,
the
band
of
Vnion
bee
made
fast
and
indissoluble
.
For
as
things
in
nature
excellent
ripe
not
hastily
,
so
common-wealths
least
of
all
;
which
rise
not
to
the
period
of
their
perfection
in
many
ages
,
mouing
leasurely
,
and
by
insensible
degrees
:
and
the
more
slowly
they
doe
rise
,
the
more
surely
for
the
most
part
do
they
stand
.
In
a
small
compasse
of
time
,
how
little
distastefull
it
will
be
,
that
the
men
of
one
nation
should
beare
office
and
authoritie
in
the
other
,
wee
haue
a
faire
example
by
them
of
Wales
;
who
,
so
farre
from
enuie
,
as
without
any
note
;
doe
many
times
enioy
very
high
places
of
preferment
in
England
.
And
I
make
little
doubt
but
that
this
respect
hath
dazled
the
iudgment
of
some
persons
,
by
whom
whatsoeuer
is
pretended
,
either
against
the
whole
Vnion
,
or
against
any
part
of
the
perfection
thereof
,
the
surmise
is
(
as
men
entred
into
suspition
are
prone
,
both
to
interpret
and
coniecture
all
things
to
the
worst
)
that
all
the
sweete
of
the
land
will
hereby
be
drawne
from
the
auncient
inhabitants
of
the
same
.
Hereof
all
laboring
in
one
common
doubt
,
and
one
increasing
the
feare
of
another
,
they
minister
occasion
of
bouldnesse
vnto
such
,
who
suppose
,
by
aduanceing
popular
aduise
,
to
raise
some
reputation
to
themselues
.
But
it
cannot
bee
coniectured
that
a
King
,
ripe
in
age
,
full
of
experience
,
holding
much
of
himselfe
,
yet
not
reiecting
the
aduise
of
others
,
will
giue
so
confused
forme
to
these
affaires
;
and
that
he
will
kindle
such
a
fire
of
emulation
,
betweene
both
people
,
as
cannot
but
cast
forth
daungerous
sparkes
.
CHAP.
VIII
.
Of
conformitie
or
similitude
.
ANother
principall
meanes
of
affection
and
good
will
is
similitude
or
likenesse
;
which
is
the
fittest
reconciler
and
surest
knitter
of
minds
,
the
mother
of
all
faithfull
familiaritie
and
friendship
;
and
the
more
true
and
perfect
the
similitude
is
,
the
more
firme
is
the
friendship
which
thereupon
doth
arise
.
To
this
purpose
Siracides
saith
:
Euery
beast
loueth
his
like
,
and
euery
man
loueth
his
like
.
All
flesh
will
resort
to
their
like
;
and
euery
man
will
accompanie
such
as
are
like
himselfe
:
Which
seemeth
to
be
more
briefly
comprised
in
that
speech
of
Melanthus
in
Homer
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Of
which
sentence
Plato
maketh
mention
;
Like
vnto
like
:
to
which
purpose
he
citeth
also
a
saying
of
Empedocles
;
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
;
Like
desireth
the
like
.
And
generally
he
concludeth
thus
:
Likenesse
seemeth
to
be
the
ground
of
friendship
.
Alcinous
,
one
of
Platoes
followers
saith
,
that
friendship
is
nothing
else
but
a
mutuall
goodwill
,
whereby
we
equall
others
to
our selues
;
Cicero
,
Hoc
fere
scitis
omnes
,
qu
intam
vim
habeat
ad
coniungendas
amicitias
studiorum
ac
naturae
similitudo
;
This
all
of
you
do
know
,
of
what
fo●ce
is
similitude
of
studies
and
of
nature
,
to
ioyne
friendship
.
Againe
he
writeth
:
[
1
](A02874-e4300-b)
1
De
amic.
〈…〉
.
Nothing
doth
so
allure
and
draw
to
anything
,
as
similitude
doth
to
friendship
.
Hereto
agreeth
also
that
of
Plinie
:
[
2
](A02874-e4330-b)
2
Iah
.
4.
Epist.
ad
Fandanum
.
E●t
ad
connectend●s
animos
vel
t●●atissinium
vinculum
similitudo
.
Similitude
is
a
most
firme
band
,
to
knit
and
fasten
minds
together
.
[
3
](A02874-e4350-b)
3
Iab.
7.
rei
rust
.
Columella
accounteth
this
band
to
be
naturall
:
So
doth
Symmachus
[
4
](A02874-e4380-b)
4
Sym.
in
Epist.
:
And
Plinie
,
an
excellent
interpreter
of
nature
,
doth
teach
,
[
5
](A02874-e4400-b)
5
Lib.
56.
ca.
42.
that
insensible
creatures
which
haue
no
similitude
by
nature
,
as
stone
and
wood
,
iron
and
clay
,
are
neuer
firmely
ioyned
together
.
All
this
is
confirmed
by
expresse
sentence
of
the
Canon
law
[
6
](A02874-e4410-b)
6
C.
Nerui
.
§.
quod
melius
.
13
di.
c.
transmissam
.
de
elect
.
.
This
the
auncient
wisemen
did
also
shadow
,
by
the
fable
of
an
earthen
pot
,
which
refused
to
ioyne
in
helpe
with
a
brasse
pot
in
laboring
against
the
streame
:
and
again
by
the
fable
of
a
fuller
,
who
denied
that
he
could
dwell
in
one
house
with
a
Colier
.
This
did
the
poets
also
signifie
,
when
they
fained
Narcissus
to
be
in
loue
with
his
image
.
For
what
is
more
like
vnto
vs
then
our
owne
image
?
and
whosoeuer
loueth
another
man
,
what
else
doth
he
loue
but
his
owne
image
in
him
?
From
hence
it
proceedeth
,
[
7
](A02874-e4440-b)
7
I.
cum
qui.
C.
de
Ep.
&
Cle.
c.
inter
solicitudines
.
de
pur
.
ca.
c.
clericus
di.
81.
c.
peruenit
.
2.
q.
7.
c.
di
dici
.
1.
q.
7.
that
a
man
is
iudged
like
vnto
those
,
with
whom
he
holdeth
familiaritie
and
friendship
.
And
Angelus
saith
,
[
8
](A02874-e4460-b)
8
Ang.
in
auth.
de
mona
.
§.
cogitandum
.
that
a
witnesse
deposeth
well
,
when
he
testifieth
that
a
man
is
good
or
euill
,
because
he
seeth
him
conuerse
with
men
of
good
or
euill
fame
and
report
.
Which
is
also
confirmed
by
Baldus
[
9
](A02874-e4480-b)
9
Bald.
in
l.
dat
.
C.
qui
acca.
●po
.
and
by
the
Glossographer
[
10
](A02874-e4500-b)
10
Glo.
in
●cum
oportet
.
de
acc
.
&
in
c.
definimus
18.
q.
2.
,
and
generally
by
all
interpreters
both
of
the
Canon
and
Ciuill
law
.
To
whose
sentence
we
may
adde
that
which
Cice
hath
most
elegantly
written
:
[
11
](A02874-e4520-b)
11
De
offic
li.
2.
Facillim
:
aut●m
&
in
meliorem
partem
cognoscuntur
adolescentes
.
&c.
Yong
men
are
most
easily
knowne
,
and
for
the
better
part
,
who
ioyne
themselues
to
men
famous
,
and
wise
,
and
of
good
aduise
for
the
common
wealth
:
with
whom
if
they
be
often
conuersant
,
they
raise
an
opinion
among
the
people
,
that
they
will
be
like
vnto
those
whom
they
chose
to
imitate
.
Suetonius
reporteth
of
Claudius
Caesar
,
He
liueth
with
Spurma
,
he
liueth
with
Antonie
,
hereby
you
may
coniecture
how
his
youth
is
reformed
,
seeing
he
is
so
loued
of
graue
old
men
.
For
that
is
a
most
true
saying
:
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
:
Euery
man
is
like
vnto
those
,
in
whose
companie
he
doth
delight
.
Libanius
Antiochenus
in
like
manner
writeth
:
Wee
are
commonly
esteemed
like
vnto
those
who
are
ioyned
with
vs
in
friendship
and
societie
.
So
then
,
seeing
likenesse
is
a
great
cause
of
liking
and
of
loue
,
it
followeth
,
that
to
make
a
perfect
Vnion
and
amitie
betweene
two
diuers
nations
,
all
differences
must
be
remooued
,
and
both
people
reduced
to
one
common
conformitie
;
and
that
especially
in
three
things
.
First
,
in
habit
and
behauiour
;
secondly
in
language
;
thirdly
in
name
.
CHAP.
IX
.
Of
conformitie
in
habite
and
behauiour
.
COncerning
habite
and
attire
,
In
ancient
times
in
Rome
,
and
afterward
in
Constantinople
,
certaine
games
of
running
were
vsed
,
with
Chariot
and
vpon
horse
;
which
continuing
vntill
the
time
of
Phocas
the
Emperour
,
the
runners
began
to
cloathe
themselues
in
different
colours
;
some
in
greene
,
and
some
in
gray
.
The
common
people
which
beheld
these
games
began
to
be
diuided
in
affection
,
some
applauding
the
one
colour
,
and
some
the
other
:
hereupon
was
kindled
,
first
emul●tion
,
and
then
●n●ie
,
watch
did
use
by
degrees
to
such
violence
and
extremitie
.
that
the
games
ceasing
,
the
colours
were
for
a
long
time
maintained
;
and
infinite
murthers
were
thereupon
committed
in
Syria
,
Egypt
,
Graecia
,
and
diuers
other
prouinces
,
which
the
Emperours
by
their
letters
were
not
able
to
represse
.
Hereupon
so
many
lawes
haue
been
occasioned
against
liueries
and
badges
,
the
mischiefs
whereof
were
most
famous
with
vs
,
in
the
late
badges
of
the
white
Rose
and
the
red
.
And
for
this
cause
I
doe
not
onely
allow
but
commend
the
policie
of
King
William
of
Normandie
,
by
whom
(
as
most
industrious
Master
Stow
hath
noted
)
the
English
were
compelled
to
imitate
the
Normanes
,
in
habite
of
apparell
,
shauing
of
their
beards
,
seruice
at
the
table
,
and
all
other
outward
gestures
;
as
supposing
by
outward
similitude
to
drawe
both
people
to
similitude
in
mindes
.
[
*
](A02874-e5020-b)
*
〈…〉
also
aduertiseth
,
that
for
the
manner
of
our
apparell
,
we
respect
the
custome
of
the
countrey
wherein
we
do
abide
.
And
in
this
he
is
seconded
by
Panormitane
,
Benedict
,
Caprea
[
1
](A02874-e5040-b)
1
〈…〉
,
Speculator
[
2
](A02874-e5060-b)
2
〈…〉
and
Baldus
[
3
](A02874-e5080-b)
3
〈…〉
:
by
S.
Thomas
also
[
4
](A02874-e5100-b)
4
〈…〉
,
and
Astensanus
[
5
](A02874-e5120-b)
5
〈…〉
:
and
lastly
by
S.
Hierome
[
6
](A02874-e5140-b)
6
〈…〉
,
who
commendeth
Nepotianus
for
obseruing
this
rule
.
As
for
conformitie
in
behauiour
and
manner
of
life
,
Iosephus
writeth
[
*
](A02874-e5180-b)
*
〈…〉
.
,
that
it
is
the
chiefest
meanes
to
cause
concord
and
agreement
in
a
citie
.
Herodian
declareth
,
that
when
Antoninus
desired
the
daughter
of
Artabanus
,
CHAP.
X.
Of
conformitie
in
language
.
COnformitie
of
language
and
of
speech
,
was
very
generall
vnder
the
Empire
of
Rome
:
which
,
whether
it
were
enforced
by
the
Romanes
,
vpon
the
prouinces
which
they
did
subdue
,
or
whether
the
people
did
voluntarily
fall
into
it
,
The
Lord
shall
bring
a
nation
vpon
thee
,
whose
tongue
thou
shalt
not
vnderstand
.
And
againe
,
by
the
Prophet
Ieremie
hee
menaced
the
Iewes
,
whose
language
they
knew
not
,
neither
vnderstood
what
they
did
say
.
Likewise
he
threatneth
by
the
Prophet
Esay
,
Diuersitie
of
tongues
maketh
one
man
a
stranger
to
another
.
For
,
as
Philo
[
*
](A02874-e5590-b)
*
Phi.
de
sp.
le
.
witnesseth
,
societie
of
men
is
maintained
by
speech
,
as
being
the
interpreter
or
rather
expresser
of
the
minde
:
to
which
purpose
he
hath
wrote
many
things
,
in
his
book
which
is
intituled
of
the
confusion
of
tongues
.
To
these
I
will
adioyne
the
oracle
of
Philosophie
,
Plato
,
who
doth
truly
determine
those
to
be
Barbarians
,
who
in
the
manner
both
of
their
language
and
life
hold
no
communitie
or
resemblance
together
.
But
all
these
differences
doe
little
concerne
the
case
in
question
.
They
are
rather
considerable
in
regard
of
the
Irish
,
touching
whom
,
the
report
is
both
constant
and
of
credit
,
that
being
Henry
the
eighth
if
not
endeauoured
,
yet
purposed
to
reduce
them
,
to
one
forme
both
of
habit
and
language
with
the
English
:
But
if
we
compare
together
the
English
and
the
Scots
,
in
regard
of
habit
(
as
Sosia
said
in
Plautus
)
non
lac
lacti
magis
est
simile
;
milke
is
not
liker
to
milke
than
one
of
them
is
to
the
other
.
We
cannot
possibly
change
their
hearts
,
except
we
also
change
their
heauen
.
Fo●
they
are
both
of
one
climate
,
not
onely
annexed
entirely
together
,
but
separated
from
all
the
world
besides
,
which
ioyned
with
daily
societie
and
commerce
,
will
necessarily
maintaine
conformitie
in
conditions
.
And
as
for
language
,
euen
in
Zetland
,
and
in
the
most
distant
ilands
inhabited
by
Scots
,
English
preachers
are
well
vnderstoode
of
the
common
people
:
so
that
it
seemeth
,
that
if
the
two
nations
were
reduced
vnder
one
common
name
,
there
should
remaine
betweene
them
very
little
generall
,
either
note
of
difference
,
or
prouocation
of
dislike
.
CHAP.
XI
.
Of
conformitie
in
name
.
FOr
,
that
the
bearing
of
one
name
doth
both
cause
and
increase
affection
and
fauour
,
it
may
appeare
by
a
case
which
Papinian
doth
forme
;
Lycon
Astianax
,
a
cerraine
philosopher
,
in
his
testament
among
other
things
disposed
thus
.
Whatsoeuer
I
haue
in
the
citie
or
in
Aegina
,
I
doe
principally
giue
to
Lycon
my
brother
;
because
he
beareth
my
name
.
When
Iunius
Brutus
had
expelled
the
gouernment
of
Kings
out
of
Rome
,
being
stirred
thereto
,
as
well
vpon
hatred
as
desire
to
be
chiefe
,
two
respects
which
lead
men
easily
into
desperat
aduentures
,
Liuie
writeth
,
Tarquinus
Collatinus
,
who
had
been
husband
to
Lucrece
,
and
was
his
fellow
Consull
,
as
one
that
had
been
very
forward
in
aduancing
the
enterprise
:
and
this
hee
did
for
no
other
cause
,
but
for
that
he
bare
the
same
name
with
Tarquinus
Superbus
the
expelled
King
.
Vpon
variances
which
began
betweene
Frederick
the
second
Emperor
,
and
Pope
Gregorie
the
ninth
,
all
Italy
except
Venice
,
was
deuided
into
the
two
factions
of
Guelphes
and
Gebelines
.
Afterward
when
the
contentions
ceased
betweene
the
Emperors
and
the
Popes
,
these
factions
continued
,
or
rather
encreased
,
without
any
other
foundation
,
either
of
suspition
or
of
hate
,
(
most
mightie
passions
to
driue
on
disordered
thoughts
)
but
onely
for
diuersitie
of
name
.
Hereupon
many
insolences
,
many
murthers
and
parricides
were
daily
committed
.
Neither
was
the
crueltie
discharged
vpon
the
persons
of
men
onely
,
but
houses
were
ruined
,
townes
were
ransacked
,
fields
were
wasted
,
all
extremities
were
pursued
with
a
greater
heate
of
hate
,
than
if
it
had
been
against
infidels
or
traytors
.
And
to
so
high
a
pitch
did
this
enmitie
rise
,
that
they
could
not
endure
any
conformitie
;
not
in
ensignes
,
not
in
colours
,
not
in
fashion
of
their
apparell
;
in
disports
,
in
feasts
,
in
the
manner
of
their
going
,
riding
,
speaking
,
feeding
,
and
generally
in
all
things
they
affected
a
difference
.
The
like
cruelties
haue
been
exercised
betweene
diuers
families
of
Italy
,
France
,
England
,
Scotland
,
and
many
other
Christian
countries
:
the
beginning
whereof
hath
commonly
risen
vpon
some
priuate
either
interest
or
reuenge
;
but
growing
into
faction
,
they
haue
been
prosecuted
and
continued
either
onely
or
principally
vpon
difference
in
name
.
Hereupon
Dio
writeth
,
that
Maecenas
counsailed
Augustus
,
Seeing
then
that
the
bearing
of
one
name
is
a
meane
to
knit
men
in
affection
and
friendship
;
seeing
also
that
difference
in
name
doth
often
mainteine
men
in
diuision
of
mind
;
what
shall
we
say
of
them
,
who
more
contemning
the
benefit
of
Vnion
,
than
examining
the
parts
and
circumstances
thereof
,
doe
openly
obiect
,
that
they
see
neither
vrgent
necessitie
,
nor
euident
vtilitie
in
comprehending
the
English
and
the
Scots
vnder
one
common
name
?
that
they
finde
no
griefe
in
their
present
state
,
and
can
foresee
no
aduancement
to
a
better
condition
by
this
change
?
Shall
we
say
that
their
iudgment
is
captiuated
by
affection
?
I
cannot
,
I
dare
not
,
I
will
not
hold
that
opinion
of
them
.
I
rather
feare
that
some
euill
destinie
driueth
them
on
.
For
it
is
an
ordinarie
thing
,
that
when
any
hard
aduenture
approcheth
,
it
blindeth
the
eyes
of
men
that
they
cannot
discerne
,
it
bindeth
their
hands
that
they
cannot
helpe
,
making
them
oftentimes
both
contriuers
and
executioners
of
their
owne
mishap
.
Assuredly
,
in
regard
of
amitie
there
is
manifest
profit
in
communitie
of
name
;
in
regard
of
perfect
Vnion
it
seemeth
necessarie
.
For
euery
thing
is
to
be
distinguished
by
the
proper
name
.
So
then
the
bodily
Vnion
(
as
it
seemeth
)
is
not
perfect
,
where
there
is
a
seuerance
and
distinction
in
name
:
much
lesse
can
two
people
be
perfectly
knit
in
affection
and
will
,
so
long
as
they
stand
deuided
in
those
names
,
whereby
one
of
them
hath
lately
been
very
odious
to
the
other
.
So
long
as
they
stand
deuided
in
those
names
of
hostilitie
and
hate
,
not
hauing
any
common
name
to
comprise
them
both
,
euery
small
accident
(
as
it
often
happeneth
)
may
be
an
occasion
to
sort
them
into
sides
:
and
the
combining
of
them
otherwise
vnder
one
dominion
,
may
proue
to
be
like
an
vnperfect
cure
,
whose
fore
may
afterward
more
dangerously
breake
forth
.
CHAP.
XII
.
What
common
name
is
most
fit
to
comprehend
the
English
and
the
Scots
:
and
whether
the
like
change
of
name
hath
been
vsuall
or
no.
BVt
no
common
name
can
be
so
fit
to
comprise
as
well
the
people
as
the
countries
of
England
and
Scotland
,
as
is
the
name
of
Britaine
.
First
,
for
that
it
hath
been
heretofore
the
auncient
common
name
of
all
the
inhabitants
within
this
I
le
:
Secondly
,
for
that
since
this
part
of
the
Iland
was
called
England
,
by
appointment
of
King
Egbert
,
yet
was
not
the
name
of
Britaine
altogether
cast
off
;
but
was
often
applied
,
as
well
to
the
kingdome
as
to
the
inhabitants
,
and
by
them
willingly
acknowledged
,
and
sometimes
assumed
.
King
Alfred
was
intituled
,
Gouernor
of
the
Christians
of
all
Britaine
.
King
Eldred
did
write
himselfe
Magnae
Britanniae
temporale
gerens
Imperium
.
King
Edgar
was
stiled
Monarch
of
all
Britaine
.
King
Henry
the
second
was
intituled
King
of
all
Britaine
,
Duke
of
Gaescoine
,
Guienne
and
Normandie
.
King
Iohn
had
his
coyne
stamped
with
this
inscription
:
Iohannes
Rex
Britonum
;
Iohn
King
of
Britaines
.
And
generally
in
all
ages
,
but
chiefly
since
learning
began
last
to
lift
vp
the
head
,
the
best
writers
of
all
nations
haue
termed
the
inhabitants
of
this
realme
,
as
well
Britaines
as
English
.
Thirdly
,
for
that
howsoeuer
the
parts
of
this
Iland
haue
changed
name
,
one
part
being
called
England
,
another
Scotland
,
and
the
third
Wales
;
yet
the
whole
Iland
,
from
before
the
inuasion
of
the
Romanes
vntill
this
present
time
,
hath
alwaies
held
the
name
of
Britaine
,
By
assuming
a
speciall
name
,
the
generall
name
is
not
extinguished
.
So
that
it
seemeth
reasonable
,
that
as
by
seuerance
of
the
soueraigntie
of
the
whole
Iland
,
the
kingdomes
thereof
grew
into
difference
of
name
;
so
the
same
kingdomes
being
now
drawne
into
one
,
it
now
beare
the
name
of
the
whole
Iland
againe
.
And
that
especially
for
two
respects
.
The
first
is
a
ground
of
the
ciuill
law
:
Nomina
debent
esse
consequentia
rebus
;
Names
must
follow
the
nature
of
things
.
The
second
is
a
custome
commonly
receiued
whereof
Bartolus
maketh
mention
:
[
*
](A02874-e6610-b)
*
Bar.
in
L.
falsi
.
§.
1.
D.
de
●al●
.
Quando
quis
mutat
statum
,
semper
mutatio
nominis
fit
;
Change
of
state
is
alwaies
accompanied
with
change
of
name
.
And
chiefly
in
this
change
of
state
,
when
diuers
kingdomes
are
contracted
into
one
,
the
change
of
name
doth
vsually
ensue
:
and
that
without
distinction
,
whether
the
Vnion
hath
growne
by
conquest
,
or
by
mariage
,
or
by
blood
,
or
else
by
mutuall
confederation
and
consent
.
So
Tacitus
writeth
,
being
a
new
name
of
their
owne
inuention
.
Those
Germanes
who
bordered
vpon
the
Ocean
betweene
the
mouthes
of
the
riuers
Elbe
and
Rhene
,
where
the
Chauci
,
and
the
Cananifates
were
placed
by
Tacitus
,
ioyning
together
in
armes
to
recouer
their
libertie
against
the
Romanes
,
free
men
.
Whereto
agreeth
that
which
Tacitus
saith
,
in
describing
their
first
victorie
against
the
Romanes
:
They
are
honored
with
great
fame
through
Germanie
and
Gallia
for
authors
of
libertie
.
These
French
in
course
and
compasse
of
time
seated
themselues
in
Gallia
,
and
gaue
name
to
the
kingdome
of
that
place
.
But
after
the
death
of
Clodoueus
the
first
,
this
kingdome
of
France
was
deuided
among
his
foure
sonnes
;
whereupon
new
titles
were
erected
:
Childebert
being
King
of
Paris
,
Clodomir
of
Orleans
,
Clotair
of
Soissons
,
and
Theodoric
a
bastard
being
King
of
Metz.
After
the
death
of
Clotharius
,
the
like
deuision
was
made
among
his
sons
,
none
of
them
being
entituled
King
of
France
.
Both
these
diuisions
were
vnited
againe
by
right
of
blood
;
whereupon
these
particular
titles
did
cease
,
and
were
changed
into
the
auncient
and
generall
name
of
France
.
In
Italy
,
Aeneas
hauing
attained
a
state
by
mariage
,
and
collecting
diuers
people
into
one
;
He
ioyned
them
in
one
law
,
and
called
them
by
one
name
,
Latines
.
Afterward
,
when
the
Romanes
and
the
Sabines
did
knit
together
into
one
people
,
it
was
vnder
one
common
name
,
Quirites
.
The
countrie
of
Spaine
by
meanes
of
diuers
conquests
,
of
the
Gothes
,
Vandals
,
and
Moores
,
was
devided
into
many
seuerall
kingdomes
,
not
one
of
them
bearing
the
name
of
Spaine
.
These
being
vnited
againe
,
part
by
conquest
,
and
part
by
inheritance
,
Charles
the
fifth
comprehended
them
all
vnder
the
auncient
and
generall
name
of
Spaine
.
I
omit
the
Agarens
,
who
changed
their
name
and
would
be
called
Saracens
,
as
bearing
themselues
descended
from
Sara
the
free-woman
,
and
not
from
the
bond-woman
Hagar
.
I
omit
the
Heluetians
,
who
now
by
confederation
are
called
Suitzers
,
which
name
was
occasioned
by
the
little
village
Suitz
;
for
that
the
inhabitants
thereof
were
the
first
attempters
of
popular
libertie
.
I
omit
many
other
both
voluntarie
and
casuall
changes
of
name
,
and
will
conclude
this
matter
with
one
example
of
our
owne
nation
.
When
Egbert
King
of
the
West-Saxons
had
brought
the
Heptarchie
of
the
Saxons
vnder
one
scepter
,
he
changed
not
the
names
of
the
subdued
kingdomes
onely
,
he
respected
not
that
he
was
possessed
of
the
kingdomes
of
West-Saxons
and
of
Sussex
by
right
of
blood
;
whereof
the
first
had
continued
in
the
progenic
of
Cerdicius
(
from
whom
he
was
descended
)
about
300.
yeares
,
the
other
had
been
annexed
thereto
almost
200
yeares
before
:
but
changed
the
names
as
well
of
them
as
of
the
rest
into
one
common
name
of
England
.
So
that
if
we
free
our
minds
from
rashnesse
and
dulnesse
,
the
two
plagues
of
iudging
right
;
if
wee
esteeme
these
and
the
like
proceedings
by
their
naked
nature
and
not
by
apparances
onely
and
shifts
,
we
shall
cleerely
discerne
,
that
it
is
so
farre
from
wanting
example
,
that
there
is
scarce
any
example
to
the
contrarie
,
that
diuers
people
haue
perfectly
and
for
long
continuance
combined
together
,
whether
by
conquest
,
confederation
,
or
right
of
blood
,
but
it
hath
been
vnder
one
common
name
.
But
howsoeuer
the
tried
truth
doth
stand
,
it
cannot
be
made
so
plainely
to
appeare
,
but
an
itching
tongue
may
rub
against
it
.
To
men
fearefull
or
suspicious
all
fancies
and
coniectures
seeme
matters
of
truth
;
and
words
doe
easily
slide
into
minds
that
are
enclined
to
beleeue
.
CHAP.
XIII
.
Of
certaine
obiections
concerning
matters
of
state
inward
,
or
matters
of
law
.
BVt
,
because
wee
haue
eares
as
well
as
tongues
,
and
the
lightest
reasons
will
seeme
to
weigh
greatly
,
if
nothing
bee
put
in
the
ballance
against
them
,
let
vs
consider
what
other
obiections
are
made
against
this
Vnion
of
name
,
and
whether
they
be
worthie
either
of
yeelding
or
of
answering
.
It
is
said
,
that
this
alteration
of
name
will
ineuitably
and
infallibly
draw
on
an
erection
of
a
new
kingdome
or
state
,
and
a
dissolution
and
extinguishment
of
the
old
;
and
that
no
explanation
limitation
or
reseruation
can
cleere
or
auoyde
that
inconueniencie
,
but
it
will
be
full
of
repugnancie
or
ambiguitie
,
and
subiect
to
much
varietie
and
danger
of
construction
.
That
diuers
speciall
and
seuerall
confusions
incongruities
and
mischiefes
will
necessarily
and
incidently
follow
in
the
present
time
.
As
in
sommoning
of
Parliaments
and
recitall
of
the
acts
of
Parliament
.
In
the
seales
of
the
kingdome
.
In
the
great
offices
of
the
kingdome
.
In
the
lawes
,
customes
,
liberties
,
and
priuileges
of
the
kingdome
.
In
the
residence
and
holding
of
such
courtes
as
follow
the
Kings
person
,
which
by
the
generalitie
of
name
may
be
held
in
Scotland
.
In
the
seuerall
and
reciproque
oathes
,
the
one
of
his
Maiestie
at
his
coronation
,
which
is
neuer
iterated
;
the
other
in
the
oathes
of
alleageance
homage
or
obedience
,
made
and
renued
from
time
to
time
by
the
subiects
.
All
which
acts
instruments
and
formes
of
gouernment
,
with
a
multitude
of
other
formes
of
records
,
writs
,
pleadings
,
and
instruments
of
a
meaner
nature
runne
now
in
the
name
of
England
,
and
vpon
the
change
would
bee
drawne
into
incertaintie
and
question
.
In
truth
this
is
much
,
if
there
bee
much
truth
in
it
.
But
,
for
my
part
,
I
wil
not
take
vpon
me
,
either
to
determine
or
dispute
what
the
law
of
the
realme
is
,
concerning
either
this
generall
point
of
erection
of
a
new
state
by
alteration
of
name
,
or
the
particular
inconueniences
which
for
the
present
will
ensue
;
referring
my selfe
herein
to
the
learned
Iudges
and
professors
of
the
same
.
Yet
,
vnder
the
fauour
and
leaue
of
their
iudgements
,
I
will
propound
only
two
or
three
doubts
,
which
will
serue
much
to
the
cleering
of
this
question
;
protesting
therewith
,
that
I
beare
herein
rather
a
desire
to
be
satisfied
,
than
a
purpose
to
contend
.
The
first
is
,
how
wee
may
bee
assured
,
that
by
the
common
lawes
of
England
the
change
of
name
doth
infallibly
inferre
,
an
erection
of
a
new
kingdom
,
and
a
dissolution
of
the
old
.
For
,
the
Common
law
is
commonly
taken
for
the
common
custome
of
the
realme
:
and
therefore
in
making
proofe
thereof
we
vsually
heare
alleaged
,
either
Iudgements
and
presidents
in
cases
of
the
same
nature
,
or
else
arguments
drawne
from
cases
somewhat
like
.
But
this
case
in
question
hath
not
hitherto
been
thus
determined
by
the
common
lawes
of
England
;
because
the
name
of
a
kingdome
hath
not
bin
changed
since
our
common
lawes
were
therein
planted
.
Or
if
it
were
changed
by
King
Henry
the
second
,
and
by
King
Iohn
,
who
stiled
themselues
Kings
of
Britaine
,
then
was
it
without
dissolution
of
the
state
.
As
for
arguments
à
similibus
,
I
doe
not
see
of
what
force
they
can
be
in
case
of
the
Crowne
;
because
by
the
lawes
of
this
realme
,
the
Crowne
is
not
touched
,
much
lesse
ruled
and
ordred
either
by
generall
termes
or
by
implication
;
neither
doth
any
act
concerne
the
same
,
if
expresse
mention
be
not
thereof
made
.
Againe
,
if
the
change
of
name
doth
infallibly
inferre
the
erection
of
a
new
kingdome
,
it
seemeth
that
the
King
hath
power
by
vertue
of
his
Proclamation
to
dissolue
the
whole
state
and
erect
a
new
.
Lastly
,
the
little
alteration
which
ensued
the
change
of
the
Kings
title
in
Ireland
,
maketh
this
point
more
questionable
and
suspect
.
The
second
doubt
is
concerning
one
of
the
principall
inconueniences
which
are
alleaged
,
namely
an
euasion
from
the
reciproque
oathes
betweene
the
King
and
the
people
.
For
,
seeing
oathes
doe
altogether
concerne
the
soule
and
conscience
,
and
therfore
are
vnderstood
and
ruled
onely
by
the
lawes
of
religion
;
I
doe
not
see
how
they
should
receiue
construction
from
any
nice
point
of
positiue
law
.
The
third
is
,
how
all
these
inconueniences
should
be
,
either
so
certaine
,
or
of
such
nature
and
qualitie
,
that
no
prouision
can
cleere
or
auoide
them
.
What
?
shall
we
suspect
either
the
weaknesse
of
lawes
,
or
the
weake
wisedome
of
the
state
?
Shall
we
suspect
either
the
wisedome
of
the
state
in
making
of
lawes
,
or
the
iustice
thereof
in
maintaining
them
?
Are
lawes
now
of
force
to
hold
these
matters
in
forme
,
and
shal
they
not
hereafter
be
able
to
doe
the
like
?
Are
there
any
such
inward
difficulties
which
lawes
and
policies
cannot
combat
and
ouercome
?
For
my
part
I
think
(
and
thinke
that
I
thinke
true
)
that
the
wisedome
of
the
state
is
farre
aboue
these
or
any
other
inward
incommodities
:
especially
in
a
Monarchie
,
where
ciuill
matters
are
easily
redressed
,
by
reason
of
the
supreme
authoritie
of
the
Prince
.
Neither
must
wee
looke
to
enioy
any
notable
benefit
without
some
difficulty
and
inconuenience
.
When
did
the
cloudes
make
flourishing
fields
,
without
trouble
of
moisture
?
when
did
the
Sunne
yeeld
plentifull
haruest
,
without
annoyance
of
heate
?
Such
is
the
weaknesse
of
man
,
that
it
cannot
beare
either
good
or
euill
simply
,
without
temperature
or
allay
.
And
yet
(
me
thinke
)
although
all
other
meanes
to
cleere
these
inconueniences
should
bee
perplexed
and
hard
,
it
should
bee
not
difficult
and
direct
to
auoide
the
same
,
by
changing
the
Common
law
in
that
point
onely
;
and
by
new
decree
to
establish
,
that
the
change
of
name
in
the
King
should
not
draw
on
an
erection
of
a
new
kingdome
,
and
a
dissolution
of
the
old
;
and
that
whatsoeuer
hath
been
done
or
spoken
by
the
one
name
,
should
be
receiued
by
the
other
.
And
this
I
doe
the
rather
hold
not
to
bee
vnreasonable
,
for
that
then
the
Common
law
should
herein
agree
with
the
Canon
and
Ciuill
lawes
;
the
substance
of
which
lawes
(
although
they
be
often
abased
by
abuse
)
is
the
common
practise
of
all
the
world
.
Concerning
the
Canon
law
Panormitane
witnesseth
:
[
1
](A02874-e7420-b)
1
〈…〉
The
Canons
attribute
no
force
vnto
names
.
[
2
](A02874-e7460-b)
2
〈…〉
Change
of
name
doth
vsually
follow
change
of
state
;
yet
it
holdeth
not
in
conuersion
,
that
change
of
name
doth
likewise
draw
with
it
change
of
state
,
but
it
is
plainly
decided
to
the
contrary
;
[
3
](A02874-e7480-b)
3
〈…〉
Although
the
name
be
changed
,
yet
doth
the
condition
thereby
receiue
no
change
.
And
this
did
Dioclesian
&
Maximinian
[
4
](A02874-e7520-b)
4
〈…〉
nom.
Nallo
ex
hoc
preiudicio
futura
.
by
their
imperiall
constitution
decree
,
or
rather
they
declared
it
to
haue
been
often
decreed
before
,
that
as
names
were
freely
imposed
at
the
first
,
so
the
change
of
them
is
not
dangerous
,
if
it
be
done
without
deceit
.
And
therefore
they
that
are
free
may
lawfully
change
name
,
as
it
hath
been
often
ordained
,
without
any
preiudice
thereby
to
themselues
.
The
reason
hereof
is
plaine
:
first
in
nature
;
because
by
change
of
accidents
the
substance
doth
not
change
[
5
](A02874-e7540-b)
5
Mutatio
in
non
substantialibus
,
non
d●tur
nouum
constitucre
.
Decia
.
5.
pr.
4.
:
secondly
in
law
,
because
names
are
imposed
at
pleasure
and
doe
serue
for
signification
of
things
only
[
6
](A02874-e7550-b)
6
§.
Si
quis
in
nomine
.
〈◊〉
.
de
leg
.
〈◊〉
D.
si
.
cer.
pet.
l.
6.
D.
de
reb.
〈◊〉
.
,
which
,
so
as
they
may
be
vnderstood
,
it
is
little
materiall
what
either
name
or
meanes
bee
therein
vsed
.
It
sufficeth
onely
that
they
bee
knowne
,
whether
by
one
name
,
or
by
another
,
or
by
any
description
or
demonstration
,
which
are
equiualent
to
a
name
.
And
sometimes
it
happeneth
(
as
Cicero
saith
[
7
](A02874-e7570-b)
7
〈◊〉
.
b.
1.
〈◊〉
.
&
epist.
lib.
9.
ad
〈◊〉
Patum
.
)
that
things
are
better
vnderstood
by
other
names
,
than
by
their
owne
.
Hereupon
the
interpreters
of
the
Ciuill
law
do
agree
[
8
](A02874-e7580-b)
8
Glo.
〈◊〉
.
&
〈…〉
D.
fol.
〈…〉
n●min●us
,
pert●●bus
relin
suitur
.
,
that
so
long
as
there
is
no
question
of
the
bodie
,
we
are
not
to
haue
regard
to
the
name
;
and
that
disputation
about
names
,
is
to
bee
left
vnto
them
who
are
obstinately
contentious
.
And
this
either
declaration
or
chaunge
of
this
point
of
Common
law
,
would
not
bee
much
vnlike
to
that
which
was
done
in
the
beginning
of
Queene
Maries
reigne
.
For
,
because
in
many
ages
before
the
inuasion
of
the
Normans
,
the
souereigntie
of
state
had
not
been
borne
by
a
woman
,
some
curious
conceites
,
hauing
learned
doubts
out
of
leasure
,
brought
into
question
,
whether
the
lawes
which
had
passed
before
vnder
the
name
of
King
,
should
then
bee
of
force
vnder
the
name
of
Queene
.
Whereupon
a
declaration
was
made
;
that
whatsoeuer
statute
or
law
doth
appoint
,
that
the
King
of
this
realme
shall
or
may
haue
,
execute
and
doe
,
as
King
,
or
doth
giue
any
commoditie
to
the
King
,
or
doth
appoint
any
punishment
of
offenders
,
against
the
dignitie
of
the
King
,
the
same
,
the
Queene
,
being
supreme
gouernesse
,
may
by
the
same
authoritie
likewise
haue
,
exercise
,
execute
,
correct
and
doe
,
to
all
intents
.
By
this
meanes
also
another
doubt
may
be
sufficiently
secured
,
and
that
is
,
a
possibilitie
of
alienation
of
the
Crowne
of
England
to
the
line
of
Scotland
in
case
his
Maiesties
line
should
determine
:
for
that
,
being
a
new
erected
kingdom
it
must
goe
in
the
nature
of
a
purchase
to
the
next
heire
of
his
Maiesties
fathers
side
.
Which
,
besides
that
it
is
against
the
naturall
order
of
succession
,
which
is
obserued
by
all
nations
,
in
questions
for
discent
of
Crownes
;
besides
that
it
is
contrary
to
the
Ciuill
lawes
,
whereby
the
law
of
nations
is
chiefly
declared
;
besides
that
the
peculiar
law
of
England
in
this
point
,
if
it
be
cleere
from
question
,
is
neither
hard
nor
inconuenient
to
be
changed
,
seemeth
also
so
vnlike
to
come
to
passe
,
that
it
appeareth
a
vaine
thing
to
busie
our
thoughts
with
feare
of
it
.
But
to
men
setled
in
suspition
,
doubts
doe
daily
multiplie
;
and
nothing
is
considered
and
cast
,
nothing
nourished
with
more
sweete
delight
than
difficulties
and
dangers
.
All
those
inconueniences
are
set
in
view
,
which
ielousie
or
feare
can
any
waies
stirre
vp
,
which
suffereth
not
them
to
see
,
much
lesse
to
expect
or
hope
for
those
benefits
,
whereof
in
reason
they
might
stand
assured
.
In
their
mindes
lie
vanquished
that
forwardnesse
and
force
which
men
in
counsaile
should
especially
expresse
;
and
whatsoeuer
their
trauailing
thoughts
doe
suspect
,
the
same
doe
they
most
certainly
expect
.
CHAP.
XIIII
.
Of
other
obiections
concerning
matter
of
state
forreine
,
or
matter
of
entercourse
.
THe
obiections
which
concerne
matter
of
contract
or
commerce
with
other
Princes
and
Common-wealths
,
are
more
easie
to
be
answered
;
because
they
are
not
ruled
by
the
peculiar
law
of
any
countrey
,
but
by
the
common
law
of
Nations
.
[
*
](A02874-e7800-b)
*
Ceph
.
cons.
10.
and
no
interpretation
in
this
case
is
taken
for
good
,
which
doth
not
sound
well
to
common
mens
eares
.
This
same
is
by
diuers
others
also
very
largely
affirmed
.
Decius
,
Hottoman
,
Decianus
and
Chassaneus
doe
write
,
that
all
contracts
with
princes
and
common-wealthes
are
bonae
fidei
.
[
*
](A02874-e7850-b)
*
c.
Iurisgentium
.
dist.
1.
Cic.
1.
de
offic.
&
2.
de
orat
.
The
Canon
law
forteth
contracts
of
leagues
,
of
truce
and
of
peace
,
as
pertaining
to
the
law
of
nations
.
Cicero
saith
,
that
equitie
is
the
obiect
of
Foecial
law
;
that
it
pertaineth
to
lawyers
to
weigh
words
and
syllables
,
and
not
to
the
professors
of
militarie
simplicitie
,
which
is
so
many
waies
fauored
by
the
law
.
So
then
,
by
these
opinions
thus
grounded
it
cannot
hold
true
,
that
vpon
change
of
name
,
leagues
,
treaties
,
forren
freedomes
of
trade
and
trafficke
,
forren
contracts
may
bee
drawne
into
question
,
and
made
subiect
to
quarrell
and
cauillation
:
which
is
further
expressely
denied
by
Panormitane
in
these
words
.
Contrahens
in
propria
persona
,
efficaciter
obligatur
,
licet
mutauerit
sibi
nomen
;
&
est
ratio
,
quia
nomina
sunt
inuenta
significandorum
hominum
gratia
.
Sed
ex
quo
constat
de
corpore
non
est
curandum
de
nomine
.
He
that
contracteth
in
his
proper
person
is
effectually
bound
,
although
he
shall
change
his
name
:
the
reason
is
,
because
names
were
inuented
to
signifie
men
.
But
where
the
body
is
certaine
,
we
must
not
haue
regard
to
the
name
.
And
Vlpian
,
If
we
disagree
about
the
name
,
but
the
body
is
certaine
,
there
is
no
doubt
but
the
contract
holdeth
good
.
And
therefore
if
any
Prince
shall
vse
pretence
of
change
in
name
,
as
a
leap
from
his
contract
,
whether
of
consederation
or
commerce
,
hee
exposeth
himselfe
thereby
both
to
the
hatred
and
reuenge
of
other
Princes
,
as
one
that
violateth
the
law
of
nations
.
His
fact
shall
be
no
more
either
allowed
or
followed
,
than
was
that
of
Pericles
;
Agnon
,
Cleomenes
,
and
of
the
Thracians
;
who
,
hauing
made
a
surcease
of
armes
for
certaine
daies
,
attempted
hostilitie
against
their
enemies
in
the
night
.
de
vite
in
their
bodies
,
which
word
in
the
Italian
language
signifieth
both
life
,
and
vine
,
hauing
cast
away
certaine
vine-branches
which
they
did
beare
secretely
in
their
bosomes
,
they
surprised
the
Pope
with
vnexpected
armes
.
These
and
the
like
subtill
and
sophisticall
sleights
haue
alwaies
been
equalled
to
flat
falsehood
and
violation
of
faith
;
they
haue
alwaies
been
esteemed
beneath
the
degree
of
any
base
rayling
or
reproch
.
And
whosoeuer
doth
vse
such
auoydances
and
shifts
,
they
are
neuer
to
be
held
assured
in
faith
;
because
they
will
not
want
one
euasion
or
other
,
when
occasion
shall
serue
for
their
aduantage
.
But
(
as
I
said
before
)
in
contracts
of
this
high
nature
,
Of
no
lesse
truth
can
it
be
that
the
Kings
precedence
before
other
Christian
kings
(
which
is
gouerned
by
antiquitie
of
kingdomes
and
not
by
greatnesse
)
may
by
this
change
of
lawes
be
endaungered
,
and
place
turned
last
,
because
it
is
the
newest
.
For
,
by
the
common
law
of
nations
(
the
equitie
whereof
is
held
to
be
most
liuely
expressed
in
the
Ciuill
law
)
so
long
as
the
people
doe
remaine
the
same
,
and
loose
no
point
of
their
libertie
and
honor
,
there
can
be
no
inward
change
,
whether
of
name
,
of
seate
,
of
title
,
or
of
forme
of
gouernment
,
whereby
the
dignitie
of
their
state
may
be
endaungered
.
Of
name
I
haue
sufficiently
written
before
.
And
concerning
change
of
state
,
it
was
the
same
Empire
whose
principall
seate
was
at
Rome
,
and
at
Constantinople
,
and
at
Rauenna
,
and
at
Prage
.
And
although
it
looseth
in
one
part
and
gaineth
on
the
other
;
although
it
be
remoued
thereby
out
of
the
originall
seate
,
yet
doth
it
remaine
the
same
Empire
.
For
change
of
title
we
haue
an
eui●ent
example
in
the
countrie
of
Bohemia
.
For
,
when
that
forme
of
election
of
the
Germaine
Emperor
was
established
which
is
yet
in
vse
,
the
Duke
of
Bohemia
had
authoritie
to
giue
his
voyce
,
in
case
the
other
sixe
Electors
should
be
equally
deuided
.
Afterward
,
the
Duke
was
aduanced
to
the
title
of
a
King
;
which
was
held
no
such
alteration
in
that
state
,
that
his
priuiledg
should
be
thereby
either
renewed
or
lost
.
The
greatest
doubt
is
concerning
change
in
forme
of
gouernment
;
because
vpon
change
in
forme
,
But
then
doth
a
kingdome
or
Empire
dissolue
,
when
it
loseth
the
libertie
;
and
then
is
a
state
newly
erected
,
when
it
beginneth
to
bee
held
free
,
either
from
subiection
or
dependancie
vpon
any
other
.
Of
the
first
Vlpian
speaketh
:
Seruitutem
mortalitati
comparamus
;
We
compare
seruitude
vnto
death
.
Of
the
second
Modestinus
:
Eo
die
incipit
statum
habere
,
cum
manumittitur
;
State
and
libertie
begin
together
.
So
did
all
those
kingdomes
and
common-wealths
cease
,
saith
Decianus
,
And
in
truth
by
no
other
meanes
a
state
can
bee
said
to
perish
or
cease
,
according
to
the
law
of
Nations
,
but
either
by
yeelding
it selfe
into
subiection
,
or
else
by
being
possessed
with
the
power
and
armes
of
externall
enemies
.
But
this
faileth
againe
in
three
cases
.
CHAP.
XV.
Of
other
obiections
which
concerne
honour
and
reputation
.
NOw
,
the
last
sort
of
obiections
which
concerne
honour
and
reputation
,
are
full
of
very
emptie
easinesse
:
and
seeme
to
serue
rather
for
shew
,
than
for
strength
;
to
supplie
number
,
but
nothing
at
all
to
encrease
weight
.
These
are
,
that
by
this
change
,
the
glorie
and
good
acceptance
of
the
English
name
and
nation
,
will
be
in
forreine
parts
obscured
:
that
no
worldly
thing
is
deerer
to
men
than
their
name
,
as
we
see
in
great
families
,
that
men
disinherit
their
daughters
to
continue
their
name
;
much
more
in
states
,
where
the
name
hath
been
famous
and
honourable
:
that
the
contracted
name
of
Britaine
,
will
bring
into
obliuion
the
names
of
England
and
Scotland
:
that
whereas
England
in
the
stile
is
now
placed
before
Scotland
,
in
the
name
of
Britaine
,
that
degree
of
prioritie
and
precedence
will
bee
lost
:
and
that
the
change
of
name
will
be
harsh
in
the
popular
opinion
,
and
vnpleasing
to
the
countrey
.
Of
all
these
obiections
,
the
more
I
think
,
the
lesse
I
know
what
to
thinke
.
For
as
I
can
suspect
nothing
lesse
than
want
of
iudgement
in
those
that
cast
these
inconueniences
,
so
doe
they
appeare
vnto
me
neither
so
certaine
,
nor
of
such
qualitie
,
that
for
auoyding
of
them
wee
should
omit
an
aduantage
,
both
present
,
and
of
great
consequence
and
weight
.
Although
the
7.
kingdomes
of
the
Saxons
were
comprised
vnder
the
name
of
England
,
yet
their
seuerall
names
do
still
,
&
are
still
like
to
remaine
:
and
can
we
imagine
that
the
names
of
England
and
of
Scotland
,
both
more
famous
and
of
longer
continuance
,
will
suddenly
be
either
worne
out
or
obscured
?
Cannot
the
name
be
altered
,
but
it
must
also
be
forgotten
?
Or
can
wee
account
the
name
of
Britaine
either
so
new
or
so
harsh
,
which
hath
continued
to
bee
the
name
,
generally
of
the
whole
Iland
,
but
more
specially
of
the
parts
of
England
and
Wales
,
euer
since
before
the
inuasion
of
the
Romanes
?
Or
shall
we
contend
for
generall
precedence
with
them
,
with
whom
we
intend
,
or
at
least
pretend
desire
to
be
one
?
Can
prioritie
and
vnitie
stand
together
?
Some
(
I
grant
)
vpon
fond
affection
to
their
name
haue
disinherited
their
daughters
;
but
they
were
neuer
allowed
therein
,
by
any
well
grounded
opinion
.
S.
Augustine
saith
,
If
any
man
disinheriteth
his
daughter
and
maketh
another
his
heire
,
let
him
seeke
what
Counsailer
he
can
,
he
shall
neuer
be
aduised
thereto
by
Augustine
.
Assuredly
,
I
feare
that
it
is
with
vs
,
as
with
some
good
women
,
who
are
often
sick
,
forsooth
,
but
in
faith
they
cannot
well
tell
where
.
Our
fancies
runne
,
that
something
will
be
amisse
;
but
neither
can
it
be
well
discerned
by
others
,
neither
is
it
fully
perhaps
resolued
by
our selues
.
Things
of
greatest
suretie
breede
many
doubts
in
mindes
that
are
determined
to
beleeue
the
contrary
;
whereas
,
in
matters
of
this
nature
,
all
points
are
not
alwaies
cast
into
question
which
may
possibly
happen
;
for
that
many
inconueniences
are
in
imagination
onely
;
many
are
,
either
dissolued
by
time
,
or
by
industrie
auoided
:
much
lesse
are
we
bound
to
listen
vnto
those
,
who
confounding
feare
with
discretion
,
or
else
couering
some
corrupt
conceit
vnder
the
name
of
foresight
and
preuention
,
doe
stretch
their
thoughts
beyond
probabilitie
,
and
make
all
doubtfull
accidents
as
if
they
were
certaine
.
the
affaires
of
Rome
tooke
encrease
;
not
by
these
dull
and
heauie
counsailes
which
timorous
men
doe
terme
warie
.
A
wit
too
curious
in
casting
of
doubts
for
the
most
part
hurteth
;
and
hee
that
omitteth
an
opportunitie
present
vpon
supposed
dangers
(
if
they
be
not
both
certaine
and
also
neere
)
shall
neuer
aduance
his
owne
aduantage
.
King
Henry
the
seuenth
aimed
at
this
Vnion
,
when
he
married
his
eldest
daughter
Margaret
into
Scotland
.
King
Henry
the
eight
and
all
the
chiefe
Nobilitie
of
the
realme
expressely
desired
it
,
when
they
laboured
to
haue
a
mariage
knit
betweene
Edward
and
Mary
,
the
two
yong
Princes
of
both
the
kingdoms
.
In
solliciting
this
mariage
,
the
English
made
offer
to
communicate
to
the
Scots
the
liberties
and
priuileges
of
their
state
,
and
to
be
ioyned
with
them
in
the
common
name
of
Britaine
;
as
appeareth
by
a
letter
of
the
Duke
of
Somerset
yet
extant
.
For
not
obtaining
this
mariage
,
they
led
an
Armie
into
Scotland
,
and
ioyned
fight
with
the
Scots
in
Muscelborough
fields
.
These
attempts
not
succeeding
;
our
euill
fortune
hauing
frustrated
these
good
endeuours
;
loe
here
,
our
felicitie
now
offereth
vs
to
kisse
her
cheeks
;
our
wish
,
loe
here
;
and
that
which
lately
neither
by
amitie
nor
by
armes
we
were
able
to
effect
,
loe
here
,
is
freelie
presented
vnto
vs
.
Seeing
therefore
our
good
fortune
hath
now
concurred
with
the
good
fauour
and
inclination
of
men
,
in
opening
this
opportunitie
vnto
vs
,
shall
wee
deale
so
farre
against
all
good
office
and
expectation
,
as
not
to
seeme
content
with
our
blisse
?
Shall
wee
all
shut
,
or
rather
pull
out
our
eyes
,
because
a
few
doe
not
seeme
to
see
?
Or
shall
we
,
like
some
men
,
when
a
great
good
happeneth
vnto
them
,
thinke
our selues
in
a
dreame
,
and
not
haue
power
to
taste
our
good
?
Shall
wee
burie
benefits
with
suspitions
?
Shall
wee
labour
,
with
counsailes
fearefull
and
broken
to
obscure
,
or
with
dregges
of
doubts
and
iealousies
to
defile
our
owne
glorie
?
Must
we
be
entreated
(
like
mad
men
)
to
be
good
to
our selues
?
I
feare
nothing
lesse
in
vs
,
than
such
want
of
wisedome
;
I
feare
nothing
lesse
,
than
that
in
mindes
so
well
instructed
,
For
this
cause
confidence
for
the
most
part
is
lesse
hurtfull
to
affaires
,
than
faint
feare
,
which
vnder
the
faire
names
of
foresight
and
preuention
,
looseth
many
benefits
,
which
either
our
owne
felicitie
,
or
the
industrie
of
other
men
presenteth
vnto
vs
.
It
beareth
shew
of
slow
and
sober
warinesse
;
but
it
is
often
supported
with
the
insolencie
and
rashnesse
of
turbulent
spirits
,
which
partly
by
incapacitie
,
and
partly
by
particular
respects
,
hold
all
things
in
confusion
.
For
timorousnesse
and
insolencie
are
commonly
ioyned
in
the
same
subiect
.
It
is
not
foresight
but
feare
to
prouide
beyond
probabilitie
:
but
to
cast
many
inconueniences
,
either
contemptible
,
or
but
in
shew
,
doth
sauour
of
some
other
passion
of
worse
nature
.
I
will
not
proceede
to
charge
any
man
with
artificiall
doubling
,
first
in
casting
forth
a
light
labour
for
Vnion
,
and
then
in
disposing
and
dispersing
these
obiections
against
it
:
I
will
not
(
howsoeuer
prouoked
)
either
aggrauate
or
apply
the
qualitie
of
this
dealing
.
But
againe
I
will
aduise
(
for
I
thinke
it
not
vnfit
to
be
repeated
)
that
wee
shew
not
our selues
too
subtill
in
suspitions
;
making
our
owne
fantasies
the
true
measure
of
all
our
actions
.
That
by
moderation
of
mind
we
rather
seeke
encrease
of
friends
,
than
by
new
attempts
to
procure
daily
new
enemies
;
by
reason
whereof
in
the
end
we
must
be
,
either
masters
of
all
,
or
scourged
by
all
:
and
which
of
these
is
likest
to
happen
it
may
be
easily
coniectured
,
if
we
be
not
set
to
deceiue
our selues
.
FINIS
.
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