things they affected a difference The like cruelties haue been exercised betweene diuers families of Italy France England Scotland and many other Christian countries the beginning whereof hath commonly risen vpon some priuate either interest or reuenge but growing into faction they haue been prosecuted and continued either onely or principally vpon difference in name Hereupon Dio writeth that Maecenas counsailed Augustus that it was the fairest meanes to cut off emulation and hate not to permit vaine names or any other thing that might hold men in difference And so D. Haillan noteth that to make a perfect reconcilement betweene the Dukes of Burgundie and Orleans in the time of Lewes the cleuenth the factious names of Burguignion and Orleannois were taken away So likewise the Adorni and Fregosi two families in Genoa after they had wearied and almost wasted themselues with mutuall cruelties left their old names as the onely meanes both to draw on and holde their reconcilement And this did S. Paul in good time foresee when he blamed the Corinthians for diuiding in name some holding of Paul some of Apollos and some of Cephas Seeing then that the bearing of one name is a meane to knit men in affection and friendship seeing also that difference in name doth often mainteine men in diuision of mind what shall we say of them who more contemning the benefit of Vnion than examining the parts and circumstances thereof doe openly obiect that they see neither vrgent necessitie nor euident vtilitie in comprehending the English and the Scots vnder one common name that they finde no griefe in their present state and can foresee no aduancement to a better condition by this change Shall we say that their iudgment is captiuated by affection I cannot I dare not I will not hold that opinion of them I rather feare that some euill destinie driueth them on For it is an ordinarie thing that when any hard aduenture approcheth it blindeth the eyes of men that they cannot discerne it bindeth their hands that they cannot helpe making them oftentimes both contriuers and executioners of their owne mishap Assuredly in regard of amitie there is manifest profit in communitie of name in regard of perfect Vnion it seemeth necessarie For seeing as Iustinian saith names doe serue to discerne and distinguish one thing from another it is a rule commonly receiued that one thing should not principally beare two diuers names Hereupon Baldus concludeth that vpon diuersitie of names we are to presume diuersitie of bodies For euery thing is to be distinguished by the proper name So then the bodily Vnion as it seemeth is not perfect where there is a seuerance and distinction in name much lesse can two people be perfectly knit in affection and will so long as they stand deuided in those names whereby one of them hath lately been very odious to the other So long as they stand deuided in those names of hostilitie and hate not hauing any common name to comprise them both euery small accident as it often happeneth may be an occasion to sort them into sides and the combining of them otherwise vnder one dominion may proue to be like an vnperfect cure whose fore may afterward more dangerously breake forth CHAP. XII What common name is most fit to comprehend the English and the Scots and whether the like change of name hath been vsuall or no. BVt no common name can be so fit to comprise as well the people as the countries of England and Scotland as is the name of Britaine First for that it hath been heretofore the auncient common name of all the inhabitants within this I le and a thing may easily bee reduced to the first condition and state Secondly for that since this part of the Iland was called England by appointment of King Egbert yet was not the name of Britaine altogether cast off but was often applied as well to the kingdome as to the inhabitants and by them willingly acknowledged and sometimes assumed King Alfred was intituled Gouernor of the Christians of all Britaine King Eldred did write himselfe Magnae Britanniae temporale gerens Imperium King Edgar was stiled Monarch of all Britaine King Henry the second was intituled King of all Britaine Duke of Gaescoine Guienne and Normandie King Iohn had his coyne stamped with this inscription Iohannes Rex Britonum Iohn King of Britaines And generally in all ages but chiefly since learning began last to lift vp the head the best writers of all nations haue termed the inhabitants of this realme as well Britaines as English Thirdly for that howsoeuer the parts of this Iland haue changed name one part being called England another Scotland and the third Wales yet the whole Iland from before the inuasion of the Romanes vntill this present time hath alwaies held the name of Britaine according to that which Bartolus teacheth By assuming a speciall name the generall name is not extinguished So that it seemeth reasonable that as by seuerance of the soueraigntie of the whole Iland the kingdomes thereof grew into difference of name so the same kingdomes being now drawne into one it now beare the name of the whole Iland againe And that especially for two respects The first is a ground of the ciuill law Nomina debent esse consequentia rebus Names must follow the nature of things The second is a custome commonly receiued whereof Bartolus maketh mention Quando quis mutat statum semper mutatio nominis fit Change of state is alwaies accompanied with change of name And chiefly in this change of state when diuers kingdomes are contracted into one the change of name doth vsually ensue and that without distinction whether the Vnion hath growne by conquest or by mariage or by blood or else by mutuall confederation and consent Hereupon Seneca saith Assiduus humani generis discursus est quotidie aliquid in tam magno orbe mutatur noua vrbium fundamenta iaciuntur noua gentium nomina extinctis nominibus prioribus aut in accessionem validioris conuersis oriuntur Mankind is in continuall motion euery day something is changed in this great world new foundations of cities are laid new names of nations are raised the first names being extinguished or else made an addition to a greater So Tacitus writeth that diuers people beyond the Rhene ioyning together vpon occasion of enterprise left their auncient names and were called Germanes being a new name of their owne inuention The same people are now also called Almans not vpon any conquest but either because of their courage and strength or else which I esteeme more probable because they were a confluence of all sorts of people Those Germanes who bordered vpon the Ocean betweene the mouthes of the riuers Elbe and Rhene where the Chauci and the Cananifates were placed by Tacitus ioyning together in armes to recouer their libertie against the Romanes Precopius writeth that vpon euent of
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. â—ssurance of Defence 3. Strength to enterprise 4. Ease in sustaining the publike charge of affaires Cap. 2. Necessitie Cap. 3. The means vvhereby 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 VVhat common name is most fit and whether the like change in name hath been vsuall or â— 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 yet the paines of an honest Citizen is neuer vnprofitable 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 not onely that it representeth vnto vs the soule of man which is a most pure and simple substance not distracted by communicating it selfe to euery part of the bodie but also that it is the very image of God who both perfectly containeth and infinitely exceedeth the excellencies and perfections of all creatures who being the only true one loueth this similitude of himselfe in all his creatures And of this point the Philosophers also seemed to haue attained a taste for Macrobius referreth perfect vnion onely vnto God terming it the beginning and end of all things being altogether free from beginning chaunge or end The more ancient Philosophers haue likewise held that from vnitie which they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all things doe proceede and are againe resolued into the same Of which opinion Laertius writeth that Musaeus of Athens the sonne of Eumolpus was author who liued long before the time of Homer but afterward it was renued and followed by Pythagoras as Plutarch Alexander and Laertius doe report who added thereunto that vnitie is the originall of good and dualitie of euill And this opinion was maintained also by S. Hierome whose sentence is to this purpose repeated in the Canonicall decrees but vnder the title and name of S. Ambrose Hereupon Homer doth often call good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the
affection to doe good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 applying the terme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to vexation and trouble Hereupon Galen also the Prince of Physitions writeth that the best in euery kind is one but the vicious or defectiue are many Plato produceth all things from one measureth all things by one and reduceth all things into one And generally all true testimonies doe agree that the greatest perfection of glory beautie stabilitie or strength is either occasioned by vnion or therein found CHAP. II. More particularly of the Vnion of the two Realmes of England and Scotland and first of the vtilitie thereof BVt to descend into particular consideration touching the vnion of these two Realmes of England and Scotland the benefits which are presented thereby are so many and manifest that the chiefest impugners thereof are not able euen in the greatest tempest of their iudgement directly to denie them onely they seeke either in silence or generalities to passe them ouer or els by propounding many difficulties to qualifie our wils from pursuing them by desire For whereas there are two respects which combine and knit people together the one a vehement feare either in preuenting or in remouing of some euill the other which is the weaker an vrgent hope and desire in attaining of some good both these doe present themselues most liuely vnto vs and from these two principall respects two principall benefits doe infallibly ensue The first is the extinguishing of warres betweene the two nations the second is the enlargement both of dominion and power Touching the first it alwaies falleth that the breaking of one countrey into diuers principalities is an assured ground of miserie and warre by reason of the diuersitie both of the interest and of the ends of those that possesse it neither is there any meanes to reduce the same into conditions of quiet but by restoring it againe to the state of Vnion This meanes hath in a short course of time altogether appeased the cruell and inueterate not onely butcheries but hate betweene the English and the Welsh and I am not assured whether the want of this hath made all other appliancies whether of clemencie or of iustice or of armes if not vnprofitable yet insufficient to represse the riotous rebellions of Ireland And how great haue been the miseries and mischiefes which haue heretofore proceeded from the warres betweene England and Scotland it may euidently appeare by seuerall consideration of the effects thereof First therefore the course of our conquests especially in France hath by this meanes been often interrupted For to this end the French haue alwaies held correspondencie with Scotland as the only way to diuert the enterprises of the English against them So that if this gap bee closed past their entrance wee haue taken from them their surest defence Secondly opportunities haue bin opened to forreine inuasion the people of both Realmes being hereby weakened the store and treasure wasted matters of themselues sufficient to beate open their gates to any one that would attempt vpon them And in truth it was vpon no other aduantage that the Saxons and after them the Danes found so easie entrance into this Realme calamities lamentable euen for strangers to heare of much more for those wretches to endure vpon whose neckes the law of destinie had laid so hard and heauie a yoke Thirdly by meanes of these warres the confines of both nations haue continually been held vnder the cruell calamitie of the sword they haue bin a nurserie of rapines robberies and murthers they haue bin not only vnprofitable but very chargeable to the State by continual maintenance of many garrisons Lastly the inner parts of both Realmes haue been often pierced and made a wretched spectacle to all eyes of humanitie and pitie wherein notwithstanding the English stood vpon the disaduantage in that they fought against them who had least to lose Now for the largenes of the benefit of enlargement of dominion wee are chiefly to consider both the nature and abilities as well of the countrie which shall be ioyned vnto vs as of the people which possesse it The countrey is if not plentifull yet sufficient to furnish not onely the necessities but the moderate pleasures of this life wherein whosoeuer is brought vp and bred hee will neuer be grieued to abide The people are great in multitude resolute in minde for seruice apt in faith assured in wils trâ—etable moderate in hopes bearing one common desire to commit their liues to any aduenture not only for the safetie but for the glorie of their state and generally their conditions so well furnished as they did neuer better than now flourish in all mortall felicities By addition of such both people and place many particular benefits will inseparably ensue And first it will bee a greater increase of dignitie and reputation to the common state than our highest thoughts can easily imagine For that which is more generall is more generous also and honorable as Decius teacheth vs for that it compriseth 〈◊〉 particulars within it which is aduowed also by that which Baldus saith that by reason of vniuersalitie a thing may be esteemed of greater worth Hereto agreeth that sentence of Salomon The honour of a King is in the multitude of people And therefore the Scripture reporteth it as a great part of his glorie that he reigned ouer all kingdomes from the riuer Euphrates to the land of the Philistims and vnto the border of Egypt and in all the region on the other side the riuer And if in our hearts may be any desires more violent than of glorie there are other effects of this encrease of dominion and power more mightie to moue vs or at the least more necessarie For hereby also our defence will bee the more assured because against the forces and felicities of these two Nations it will be so hard as almost impossible either for forreine enemie or domestical rebell to haue power to preuaile And whereas heretofore the ports of either nation haue been so many gates for inuasion of the other the borders also betweene them haue been a place of assured retreit to the rebels of both countries in case their enterprises did not succeede these passages being now closed all secret supportance withdrawne and both people knit in a common defence it will not onely frustrate the end but cut off the hope of any such attempts Further wee shall be strengthened hereby in any forreine enterprise whensoeuer time shall cut out occasions fauourable to our desires Whereas in a people rather confederated than vnited is seldom seene either a conformitie in will or a ioynt readinesse in power whether to pursue resolutely the fauour of fortune or constantlie to resist the stormes of distresse because in such enterprises as are occasioned by diuersitie of interest and draw with them diuersitie of ends disdaines distrusts and all kinde of disorders are easily kindled
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 In all affaires the prouision of former 〈◊〉 is best and euery connâ—â—sion is a change to the worse Whereupon Valerius hath written 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 â—â—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 For who can stand long that will not stand still but euery day change the forme of their gouernment as lightly as they doe the fashion of their garments yea it is a rule of policie generally approued in that state which hath long florished vnder one kinde of gouernment not to admit alteration although it beareth a faire face of profit And this was the counsaile which Dio reporteth that Augustus gaue in the Senate of Rome 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 theâ— 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 that Cratippus declared to Pompey being cast into flight and complaining of the prouidence of his Gods that the peruerse state of Rome stood in great necessitie of the gouernment of one man and so Tacitus likewise reporteth that certaine wisemen discoursing of the life of Augustus after his death affirmed rightly that there was no other meanes to appease the disorders of the state but by reducing it vnder the principalitie of one But the change of some particular lawes is many times grounded vpon so great respects that all nations do vsually vary them as occasions doe alter and sometimes as Tacitus saith 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 for so Alexander said that his great Empire could not aptly be gouerned but by deliuering to the Persians some lawes and customes of the Macedonians and by receiuing likewise some things from them and euen so among the Romanes those lawes which the common people made onely for themselues and those also which the Senators had made onely to binde themselues were by the law Hortensia made common vnto all So then the change shall be onely where the lawes are contrarie which will not bee either great or vnprofitable if it be not laid only vpon the lawes of one people but indifferently diuided betweene them both 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
diuers victories they changed name and called themselues Franci which in the Germane language signifieth free men Whereto agreeth that which Tacitus saith in describing their first victorie against the Romanes They are honored with great fame through Germanie and Gallia for authors of libertie These French in course and compasse of time seated themselues in Gallia and gaue name to the kingdome of that place But after the death of Clodoueus the first this kingdome of France was deuided among his foure sonnes whereupon new titles were erected Childebert being King of Paris Clodomir of Orleans Clotair of Soissons and Theodoric a bastard being King of Metz. After the death of Clotharius the like deuision was made among his sons none of them being entituled King of France Both these diuisions were vnited againe by right of blood whereupon these particular titles did cease and were changed into the auncient and generall name of France In Italy Aeneas hauing attained a state by mariage and collecting diuers people into one Liuie saith He ioyned them in one law and called them by one name Latines Afterward when the Romanes and the Sabines did knit together into one people it was vnder one common name Quirites The countrie of Spaine by meanes of diuers conquests of the Gothes Vandals and Moores was devided into many seuerall kingdomes not one of them bearing the name of Spaine These being vnited againe part by conquest and part by inheritance Charles the fifth comprehended them all vnder the auncient and generall name of Spaine I omit the Agarens who changed their name and would be called Saracens as bearing themselues descended from Sara the free-woman and not from the bond-woman Hagar I omit the Heluetians who now by confederation are called Suitzers which name was occasioned by the little village Suitz for that the inhabitants thereof were the first attempters of popular libertie I omit many other both voluntarie and casuall changes of name and will conclude this matter with one example of our owne nation When Egbert King of the West-Saxons had brought the Heptarchie of the Saxons vnder one scepter he changed not the names of the subdued kingdomes onely he respected not that he was possessed of the kingdomes of West-Saxons and of Sussex by right of blood whereof the first had continued in the progenic of Cerdicius from whom he was descended about 300. yeares the other had been annexed thereto almost 200 yeares before but changed the names as well of them as of the rest into one common name of England So that if we free our minds from rashnesse and dulnesse the two plagues of iudging right if wee esteeme these and the like proceedings by their naked nature and not by apparances onely and shifts we shall cleerely discerne that it is so farre from wanting example that there is scarce any example to the contrarie that diuers people haue perfectly and for long continuance combined together whether by conquest confederation or right of blood but it hath been vnder one common name But howsoeuer the tried truth doth stand it cannot be made so plainely to appeare but an itching tongue may rub against it To men fearefull or suspicious all fancies and coniectures seeme matters of truth and words doe easily slide into minds that are enclined to beleeue CHAP. XIII Of certaine obiections concerning matters of state inward or matters of law BVt because wee haue eares as well as tongues and the lightest reasons will seeme to weigh greatly if nothing bee put in the ballance against them let vs consider what other obiections are made against this Vnion of name and whether they be worthie either of yeelding or of answering It is said that this alteration of name will ineuitably and infallibly draw on an erection of a new kingdome or state and a dissolution and extinguishment of the old and that no explanation limitation or reseruation can cleere or auoyde that inconueniencie but it will be full of repugnancie or ambiguitie and subiect to much varietie and danger of construction That diuers speciall and seuerall confusions incongruities and mischiefes will necessarily and incidently follow in the present time As in sommoning of Parliaments and recitall of the acts of Parliament In the seales of the kingdome In the great offices of the kingdome In the lawes customes liberties and priuileges of the kingdome In the residence and holding of such courtes as follow the Kings person which by the generalitie of name may be held in Scotland In the seuerall and reciproque oathes the one of his Maiestie at his coronation which is neuer iterated the other in the oathes of alleageance homage or obedience made and renued from time to time by the subiects All which acts instruments and formes of gouernment with a multitude of other formes of records writs pleadings and instruments of a meaner nature runne now in the name of England and vpon the change would bee drawne into incertaintie and question In truth this is much if there bee much truth in it But for my part I wil not take vpon me either to determine or dispute what the law of the realme is cōcerning either this generall point of erection of a new state by alteration of name or the particular inconueniences which for the present will ensue referring my selfe herein to the learned Iudges and professors of the same Yet vnder the fauour and leaue of their iudgements I will propound only two or three doubts which will serue much to the cleering of this question protesting therewith that I beare herein rather a desire to be satisfied than a purpose to contend The first is how wee may bee assured that by the common lawes of England the change of name doth infallibly inferre an erection of a new kingdom and a dissolution of the old For the Common law is commonly taken for the common custome of the realme and therefore in making proofe thereof we vsually heare alleaged either Iudgements and presidents in cases of the same nature or else arguments drawne from cases somewhat like But this case in question hath not hitherto been thus determined by the common lawes of England because the name of a kingdome hath not bin changed since our common lawes were therein planted Or if it were changed by King Henry the second and by King Iohn who stiled themselues Kings of Britaine then was it without dissolution of the state As for arguments à similibus I doe not see of what force they can be in case of the Crowne because by the lawes of this realme the Crowne is not touched much lesse ruled and ordred either by generall termes or by implication neither doth any act concerne the same if expresse mention be not thereof made Againe if the change of name doth infallibly inferre the erection of a new kingdome it seemeth that the King hath power by vertue of his Proclamation to dissolue the whole state and erect a new Lastly the little alteration which ensued the