A treatise of vnion of the two realmes of England and Scotland. By I.H.

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; wherein a certaine testator deuiseth the grea∣test portion of his estate to Sempronius his nephew, for the honor of his name: because (as Accursius there noteth) Sempronius did beare the testators name. Laertius in like sort writeth, that 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 gouern∣ment 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, that hee banished Tarquinus Collati∣nus, 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 Frede∣rick

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 Empe∣rors and the Popes, these factions continued, or ra∣ther encreased, without any other foundation, either of suspition or of hate, (most mightie passions to driue on disordered thoughts) but onely for diuer∣sitie of name. Hereupon many insolences, many murthers and parricides were daily committed. Neither was the crueltie discharged vpon the per∣sons 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 en∣dure any conformitie; not in ensignes, not in co∣lours, 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. Here∣upon Dio writeth, that Maecenas counsailed Au∣gustus, that it was the fairest meanes to cut off emu∣lation 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 recon∣cilement

betweene the Dukes of Burgundie and Orleans, in the time of Lewes the cleuenth, the facti∣ous names of Burguignion and Orleannois were taken away. So likewise the Adorni and Fregosi, two families in Genoa, after they had wearied and al∣most 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 Co∣rinthians 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; see∣ing also that difference in name doth often main∣teine men in diuision of mind; what shall we say of them, who more contemning the benefit of Vnion, than examining the parts and circumstances there∣of, 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 or∣dinarie thing, that when any hard aduenture ap∣procheth, it blindeth the eyes of men that they can∣not 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 commu∣nitie 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 di∣uersitie of names we are to presume diuersitie of bo∣dies: 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 de∣uided 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 domini∣on, may proue to be like an vnperfect cure, whose fore may afterward more dangerously breake forth.

Notes

• In Leum silius. § pater. D. de l. g. 2.
• Lib. 1.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Dio. lib. 52. Hail. lib. 2.
• §. Si. quis in nomine Inst. de l••gat.
• Re•• eadem non d••••••t diuerso romine con∣s••••l.
• Res enim sin∣gulae singulis sunt nomini∣bus distinguen∣dae. §. Alio. inst. qu••b mod. test. in firm.