Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	great_a	king_n	2,817	5	3.7634	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A71317	Three speeches of the Right Honorable, Sir Francis Bacon Knight, then his Majesties Sollicitor Generall, after Lord Verulam, Viscount Saint Alban. Concerning the post-nati naturalization of the Scotch in England union of the lawes of the kingdomes of England and Scotland. Published by the authors copy, and licensed by authority.	Bacon, Francis, 1561-1626.	1641 (1641)	Wing B337; ESTC R17387	32,700	73

THREE SPEECHES OF The Right Honorable Sir Francis Bacon Knight then his Majesties Sollicitor Generall after LORD VERULAM Viscount Saint Alban Concerning the POST-NATI Naturalization of the Scotch in England Vnion of the Lawes of the Kingdomes of England and Scotland Published by the Authors Copy and Licensed by Authority LONDON Printed by Richard Badger for Samuel Broun and are to be sold at his shop in St. Pauls Church-yard at the signe of the white Lyon and Ball 1641. 15. May 1641. At a Committee appointed by the Honourable House of Commons in Parliament for examination of books of the licensing and suppresing of them It is ordered that these three speeches or treatises be published in print Edward Dering The Argument of S r. Francis Bacon Knight His Majesties Sollicitor generall in the Case of the POST-NATI of Scotland in the Exchequer Chamber before the Lord Chancellor and all the Iudges of England May it please Your Lord-ships THis Case Your Lord-ships doe well perceive to be of exceeding ' great consequence For whether you doe measure that by place that reacheth not onely to the Realme of England but to the whole Iland of Great-Brytaine or whether you measure that by time that extendeth not onely to the present time but much more to future generations Et natinatorum et qui nascentur ab illis And therefore as that is to receive at the barre a full and free debate so I doubt not but that shall receive from your Lord-ships a sound and iust resolution according to law and according to truth For my Lords though he were thought to have said well that said that for his word Rex fortissimus Yet he was thought to have said better evenin the opinion ofa King him selfe that said Veritas fortissima et pravalet And I doe much rejoyce to observe such a Concurrence in the whole carriage of this cause to this end that truth may prevaile The case no fained or framed case but a true case betweene true partyes The title handled formerly in some of the Kings Courts and Free-hold upon it used indeed by his Majesty in his high wisedome to give an end to this great question but not raysed occasio as the Schoole-men say arrepta non porrecta The case argued in the Kings Bench by M. Walter with great liberty and yet with good approbation of the Court The persons assigned to be of Counsell on that side inferiour to none of their quality and degree in learning and some of them most conversant and exercised in the question The Iudges in the Kings Bench have adjourned it to this place for conference with the rest of their brethren Your Lord-ship my Lord Chancellor though you be absolute Iudg in the Court where you sit and might have called to you such assistance of Iudges as to you had seemed good yet would not fore-run or leade in this case by any opinion there to be given but have chosen rather to come your selfe to this assembly all tending as I sayd to this end whereunto I for my part doe heartily subscribe ut vincat veritas that truth may first appeare and then prevaile And I doe firmely hold and doubt not but I shall well maintaine that this is the truth That Calvin the plaintiefe is Ipso Iure by the law of England a naturall borne subject to purchase Free-hold and to bring reall actions within Eugland In this case I must so consider the time as I must much more consider the matter And therefore though it may draw my speach into further length yet I dare not handle a case of this nature confusedly but purpose to observe the ancient and exact forme of pleadings which is First to explaine or induce Then to confute or answere objections And lastly to prove or confirme And first for explanation The outward question in this case is no more but whether a child borne in Scotland since his Majesties happy comming to the Crowne of England be naturalized in England or no But the inward question or State of the question evermore beginneth where that which is confessed on both sides doth leave It is confest that if these two Realmes of England and Scotland were united under one Law and one Parliament and thereby incorporated and made as one Kingdome that the Post-natus of such an union should be naturalized It is confessed that both Realmes are united in the person of our Soveraigne or because I will gaine nothing by surreption in the putting of the question that one the same naturall person is King of both Realmes It is confessed that the Lawes and Parliaments are severall So then whether this priviledge and benefit of Naturalization be an accessory or dependancy up on that which is one and joint or upon that which is severall hath beene and must be the depth of this question And therefore your Lord-ships doe see the State of this question doth evidently lead me by way of inducement to speake of three things The King the Law and the priviledge of Naturalization For if you well understand the nature of the two Principals and againe the nature of the Accessory Then shall you discerne to whether Principal the Accessory doth properly referre as a shadow to a body or Iron to an Adamant And there your Lord-ships will give me leave in a case of this quality first to visit and open the foundations and fountaines of Reason and not to begin with the positions and eruditions of a Municipall Law for so was that done in the great Case of Mines and so ought that to be done in all cases of like nature And this doth not at all detract from the sufficiency of our lawes as incompetent to decide their owne cases but rather addeth a dignity unto them when their reason appearing as well as their authority doth shew them to be as fine moneyes which are currant not onely by the stampe because they are so received but by the naturall metall that is the reason and wisedome of them And Master Littleton himselfe in his whole booke doth commend but two things to the professors of the law by the name of his sonnes the one the inquiring and searching out the reasons of the law and the other the observing of the formes of pleadings And never was there any case that came in Iudgement that required more that Littletons advice should be followed in those two points then doth the present case in question And first of the King It is evident that all other common-wealths Monarchies onely excepted doe snbsist by a law preceedent For where authority is divided amongst many officers and they not perpetuall but annuall or temporary and not to receive their authority but by election and certaine persons to have voice onely to that election and the like These are busie and curious frames which of necessity doe presuppose a law precedent written or unwritten to guide and direct them But in Monarchies especially hereditary that is when

potestatis est pleuitudo tempest at is And although the King in his Person be Solutus Legibus yet his Acts and Grants are limited by Law and we argue them every day But I demand Do these offices or operations of law evacuate or frustrate the originall submission which was naturall or shall it be said that all allegiance is by law No more than it can be said that potest potest●● patris the power of the Father over the Child is by Law and yet no doubt Lawes do diversely define of that also the Law of some Nations having given Fathers power to put their Children to death others to sell them thrice others to disinherit them by testament at pleasure and the like Yet no man will affirm that the obedience of the child is by law though lawes in some points doe make it more positive And even so it is of allegiance of subjects to hereditary Monarches which is corroborate and confirmed by law but is the worke of the law of nature And therefore you shall finde the observation true and almost generall in all states that their law-givers were long after their first Kings who governed for a time by naturall equity without law So was Theseus long before Salo● in A●h●m for was E●●iti●● and 〈◊〉 long before Lycurgus in Sparta So was Romulus long before the Decemviri And even amongst our selves there were more ancient Kings of the Saxons and yet the Lawes ran under the name of Edgars Lawes And in the refounding of the Kingdome in the person of William the Conqueror when the Lawes were in some confusion for a time a man may truly say that King Edward the first was the first Law-giver who enacting some Laws and collecting others brought the Law to some perfection And therefore I will conclude this point with the Style which divers Acts of Parliaments do give unto the King which terme him very effectually and truly Our Naturall Sove raigne Liege Lord And as it was said by a principall Judge here present when he served in another place and question was moved by some occasion of the title of Bulleins Lands That he would never allow that Queene Elizabeth I remember it for the efficacy of the phrase should bee a Statute Queene but a Common Law Queen So surely I shall hardly consent that the King shall be esteemed or called only Our Rightfull Soveraigne or Our Lawfull Soveraigne but our Naturall Liege Soveraigne As Acts of Parliament speake For as the common Law is more worthy than the Statute Law So the Law of Nature is more worthy than them both Having spoken now of the King and the Law it remaineth to speake of the priviledge and benefit of Naturalization it selfe and that according to the rules of the Law of England Naturalization is best discerned in the degrees whereby the Law doth mount and ascend thereunto For it seemeth admirable unto mee to consider with what a measured hand and with how true poportions our Law doth impart and conferre the severall degrees of this benefit The degrees are foure The first degree of persons as to this purpose ●hat the Law takes knowledge of is an Alien Enemy that is such a one as is borne under the obeisance of a Prince or State that is in hostility with the King of England To this person the Law giveth no benefit or protection at all but if hee come into the Realme after war proclaimed or war in fact he comes at his own perill hee may be used as an enemy For the Law accounts of him but as the Scripture saith as of a Spye that comes to see the weaknesse of the land And so it is 2. of Ric. the 3 fo. 2. Neverthelesse this admitteth a distinction For if he come with safe conduct otherwise it is For then he may not be violated either in person or goods But yet hee must fetch his Justice at the fountaine head for none of the Conduit pipes are open to him he can have no remedy in any of the Kings Courts but he must complain himselfe before the Kings Privy Councell There he shall have a proceeding summary from houre to houre the cause shall be determined by naturall equity and not by rules of Law and the decree of the Councell shall be executed by ayde of the Chauncery as is 13. Edw. 4. An this is the first degree The second person is an Alien friend that is such a one as is borne under the obeisance of such a King or State as is confederate with the King of England or at least not in war with him To this person the Law allotteth this benefit that as the Law accounts that the hold it hath over him is but a tranfitory hold for he may be an Enemy So the Law doth indu● him but with a transitory benefit that is of moveable goods and personall actions But for free-hold or lease or actions reall or mixt he is not inabled except it be in auter droit And so it is 9 E. 4 fo. 7. 19. E. 4 fo. 6. 5. Ma. and divers other books The third person is a Denizon using the word properly for sometime it is confounded with a naturall borne subject This is one that is but Subditus insitivus or adoptivus and is never by birth but only by the Kings Charter and by no other meane come he never so young into the Realme or stay he never so long Mansion or Habitation will not indenise him no nor swearing obedience to the King in a Leete which doth in-law the subject but only as I said the Kings grace and gift To this person the Law giveth an ability and capacity abridged not in matter but in time And as there was a time when hee was not subject So the Law doth not acknowledge him before that time For if he purchase free-hold after his Denization he may take it but if he have purchased any before he shall not hold it So if hee have children after they shall inherit but if hee have any before they shall not inherit So as he is but priviledged à parte post as the Schoole-men say and not à parte ante The fourth and last degree is a Naturall borne subject which is evermore by birth or by Act of Parliament and he is compleate and entire For in the Law of England there is nil ultra there is no more subdivision or more subtile division beyond these And therein it seemeth to mee that the wisdome of the Law as I said is to be admired both ways both because it distinguisheth so far and because it doth not distinguish further For I know that other Lawes do admit more curious distinction of this priviledge For the Romanes had besides 〈◊〉 Civitatis which answereth to Naturalization Ius Suffragii For although a man were naturalized to take lands and inheritance yet he was not inabled to have a voyce at passing of Laws or at election of Officers And yet further they have Ius