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A66541 The history of Great Britain being the life and reign of King James the First, relating to what passed from his first access to the crown, till his death / by Arthur Wilson. Wilson, Arthur, 1595-1652. 1653 (1653) Wing W2888; ESTC R38664 278,410 409

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or lump That in the state of the Church among People of several languages and lineages there is a Communion of Saints and we are all fellow-Citizens and Naturalizants of the Heavenly Ierusalem and yet divers Ecclesiastical Laws Policies and Hierarchies for the Laws are rather Figura Republicae than Forma rather bonds of Perfection than Intireness That in Ireland Iersey G●rnsey and the Isle of Man our Common Laws are not in force and yet they have the benefit of Naturalization To which it was replyed that these are only Flourishes of Rhetorick for God who is the only Disposer of all his Creatures keeps them in Order and Obedience to Him by a Law which they cannot deviate from unless he withdraws his preserving Hand from them But betwixt Man and Man or Realm and Realm there can be no such Tie or Obligation to hold an Vnity where they have various Laws and various Priviledges And for the immunities given to the Irish for some Ages past they were English Colonies sent there to plant being a great part of them Natives with us of the same blood and stock with whom we are ingrafted by Time and made as it were one Body the better to secure their obedience and hinder any League or Amity with a Foreign Nation But Scotland hath an intire Vnion with the French continued for some hundreds of years that is indissolvable and therefore incompetent yet to the freedoms of England When we have had as much experience of the Friendship of Scotland as of them we shall incline to a more intimate Vnion Besides there is an inequality in the Portunes of the two Nations and by this Commixture there may ensue advantage to them and loss to us To the latter part was answered Beatius est dare quàm accipere And Edward the First among other Commendations of War and Policy none was more celebrated than his purpose and enterprize for the Conquest of Scotland as not bending his Designs to glorious Acquests abroad but solid strength at home which if it had succeded could not but have brought in those inconveniences of the Commixture of a more opulent Kingdom with a less for it is not the yoke either of Laws or Arms that can alter the nature of the Climate or the nature of the Soil neither is it the manner of the Commixture that can alter the nature of the Commixture and therefore if it were good for us then it is good for us now and not to be prized the less because we paid not so dear for it They strive further to prove That the benefit of Naturalization is by Law to as many as have been or shall be born since the Kings coming to the Crown for there is no more than to bring the Ante-nati unto the degree of Post-nati that Men grown may be in no worse case than Children and elder Brothers in no worse condition than younger Brothers That if any object the Law is not so but that the Post-nati are Aliens as the rest it is contrary to the Reason of Law The Wisdom of the Common Laws of England is admirable in distribution of the Benefit and Perfection of the Law according to the several conditions of Persons The Degrees are four two of Aliens and two of Subjects The first Degree is of an Alien born under a King or State that is an Enemy if such an one come into the Kingdom without safe conduct it is at his peril the Law giveth him no protection neither of Body Lands nor Goods so as if he be slain there is no remedy by any appeal at the Parties sute though she were an English Woman though at the Kings sute the Case may be otherwise in regard of the offence to the Peace and Crown The second Degree is of an Alien that is born under Faith and Allegiance of a King or State that is a Friend unto such a Person the Law doth impart a greater benefit and protection concerning things personal transitory and moveable as Goods and Chattels Contracts and the like but not concerning Free-hold and Inheritance and the Reason is because he may be an Enemy though he be not for the State where he was born may enter into Hostility and therefore as the Law hath but a Transitory assurance of him so it rewards him with Transitory benefits The third Degree is of a Subject who having been an Alien is made free by Charter and Denization To such a one the Law doth impart yet a more ample benefit for it gives him a power to purchase Free-hold and Inheritance to his own use and likewise inables his Children born after his Denization to inherit But yet he cannot make Title or convey any Pedigree from any Ancestour Paramount for the Law thinks not good to make him in the same Degree with a Subject born because he was once an Alien and so might have been an Enemy and Affections cannot be so setled by any benefit as when from their Nativity they are inbred and inherent The fourth Degree and the perfect Degree is of such a Person as neither is Enemy nor can be Enemy in time to come nor would have been Enemy at any time past and therefore the Law gives unto him the full benefit of Naturalization Now if these be the true steps and paces of the Law no man can deny but whosoever is born under the Kings obedience never could in aliquo puncto temporis be an Enemy and therefore in reason of Law is Naturalized So though the Scots seem to be in Reason Naturales ipso jure yet it is not superfluous to have it done by Parliament for it will shew the World our love to them and good agreement with them Then they shewed by authority of History and Experience the Inconveniencies that may grow if this Vnion of Naturalization doth not close and bind up the Veins so as to make it one perfect Body For else it may be apt to open and break out again upon all occasions and relapse to the detriment of both Ripping up ancient Stories of the Romans and Latines and the Wars they had meerly for want of this Vnion and never were at quiet till they injoyed it Then between the Peloponnesians and the Spartans the like And from ancient Stories to the Kingdom of Arragon and Castile united in the Persons of Ferdinando and Isabella severed and divided from the rest of Spain in Priviledges and directly in this point of Naturalization or capacity of Inheritance But what came of this A Rebellion grew among them which a Royal Army with difficulty suppressed and they being made one incorporated Body with the rest of Spain perpetuated Peace to Posterity The like example was betwixt Florence and Pisa. And whatsoever Kingdoms and States have been United and that Vnion corroborated by the Bonds of Naturalization you shall never observe them afterward upon any occasion to break or sever again Whereof divers Provinces in France by time annexed to that Crown are
a Negative Voice in Parliament but must pass the Laws agreed on by the Lords and Commons He assures them that the form of Parliament there is nothing inclined to Popularity For about twenty days before the Parliament begins Proclamation is made throughout the Kingdom that all Bills to be exhibited that Session be delivered to the Master of the Rolls by a certain day Then they are brought to the King perused and considered by him and only such as he allows are put into the Chancellors hand to be propounded that Parliament and no other And if any man speak of any other Matter than is in this Form first allowed by him the Chancellor tells him that there is no such Bill allowed by the King And when they are past for Laws he ratifies and confirms them first racing out what he doth not approve of And if this be to be called a Negative Voice in Parliament then he hath one For the Vnion betwixt the French and the Scots which makes this Vnion so incompetible he assures them it was a League only made between the Kings not the People For Scotland being solicited by England and France at one Time for a League Offensive and Defensive against each others Enemies There was a great Disputation maintained in favour of England that they being our Neighbours joyned in one Continent a strong and Powerful Nation it would be more Security to the State of Scotland to joyn in Amity with England than with France divided by the Sea where they must abide the hazard of wind and weather and other Accidents that might hinder relief But on the contrary it was alledged in the favour of France That England ever sought to conquer Scotland and therefore there would never be kept any sound Amity Whereas France lying more remote claimed no interest and therefore would be found a more constant and faithful Friend so it was concluded on their Part. But by the Tenour it was ordered to be renewed and confirmed from King to King successively by the mediation of their Ambassadors and therefore merely personal And so it was renewed in the Queen his Mothers time but not by assent in Parliament which it could not have wanted if it had been a League of the People And in the Kings Time when it came to be ratified because it appeared to be in Odium Tertii it was by him left un-renewed in consideration of his Title to the Crown MARIA IACOBI SCOTORVM REGIS FILIA SCOTORVMQVE NVNC REGINA HONORATISS DNꝰ THOMAS EGERTONUS BARO DE ELLESMER ANGLIAE CANCELLAriꝰ This urged with asseveration might have wrought much with the Parliament but that they apprehended a great inconvenience in such an Vnion where the Laws and Government are of different natures All were not Romans that were born subjects to the Roman Empire though St. Paul was born one the Centurion was a purchaser For notwithstanding all the former Arguments by the King and his Ministers the Parliament knew that it is true That if Scotland had been Conquered the only way to tie them to obedience were to let them taste the sweets of English Liberties But to let them sit Triumphing upon their own priviledges and roam about among the English Freedoms were to make them straggle too much The Scots would not lessen nor in the least derogate from the dignity of their long continued Monarchy and the English thought they had no reason to come to them to derogate from themselves The Parliament only feared the Kings Power would have such an influence upon the Iudges of the Kingdom that the Scots would be naturalized too soon they were resolved not to be accessary to it which indeed some two years after was confirmed in Calvins case of post-nati reported by the Lord Chief Justice Cook who was fit metal for any stamp Royal and adjudged by him the Lord Chancellor Ellesmere and most of the Judges of the Kingdom in the Exchequer-Chamber though many strong and valid Arguments were brought against it such Power is in the breath of Kings and such soft stuff are Judges made of that they can vary their Precedents and model them into as many shapes as they please And thus this Case stood like a Statue cloathed by the Lord Chief Justice in the vulgar Language when the rest of his Reports spoke an unknown Tongue that the Kingdom might take more particular notice that the Scots were as free in England as themselves yet it fell not out to their wishes But all that could be gotten from the Parliament was That the Laws of hostility that were anciently made betwixt England and Scotland were repealed that the old grudges which caused the Dis-union the War in the members might be taken away And in the said Act they provided That if a natural born subject of England did commit any misdemeanour in Scotland and sly into England he should be tried where he was taken and not carried into Scotland to receive his judgment there Till such time which are the very words of the Act as both Kingdoms shall be made one in Laws and Government which is the thing so much desired as that wherein the full perfection of the blessed Vnion already begun in the Kings Royal person consisteth And further they went not For they found and feared the old enmity would yet a while continue for since the Kings coming into England the loose and uncomposed Borderers that lived upon rapine and spoil seeking new benefits from new changes had broke out and committed many insolencies who though they were suppressed by the Forces of Barwick and Carlile and many of them suffered in it yet custom and habit had bred in them a natural Ferity which could only be restrained by giving freedom to the Laws that within a short time gave bound to that barbarous animosity The Laws made in Scotland to the prejudice of the English were likewise repealed there so that all passages were made smooth on both sides This Session also produced divers good Laws for the benefit of the Common-wealth But this Session brought in no money that is as the blood of the Subject which He as a wise Physician would not strain from them the ordinary way lest the sense of it should bring the more fears and faintings with it but by laying on little Burthens at first he not only inured them to bear greater but made them sweat out some of that humor insensibly though they felt it afterward when they found the weight laid upon their shoulders only as they conceived to daub other mens with bravery For the Kings Bounty was seen by the vulgar eye to overflow in many little Rivulets who knew the golden streams that out-faced the Sun came not from the Norths cold climate but were drained out of the fountains of their labor They could not endure to see their fellow Subjects grow fat by what should be their nourishment Collecting that the King had received three hundred and fifty thousand