Britain But with several Proviso's that they shall not intromit themselves but within their several Precincts 4. Nobilities For the Nobilities the consideration thereof will fall into these Questions The first of their Votes in Parliament which was touched before what proportion they shall bear to the Nobility of England Wherein if the proportion which shall be thought fit be not full yet your Majesty may out of your Prerogative supply it For although you cannot make fewer of Scotland yet you may make more of England The second is touching the Place and Precedence wherein to marshal them according to the Precedence of England in your Majesties Stile and according to the Nobility of Ireland that is all English Earls first and then Scots will be thought unequal for Scotland To marshal them according to Antiquity will be thought unequal for England because I hear their Nobility is generally more ancient And therefore the Question will be whether the indifferentest way were not to take them interchangeably As for example first the ancient Earl of England and then the ancient Earl of Scotland And so Alternis vicibus 5. Laws For the Laws to make an entire and perfect Union it is a matter of great difficulty and length both in the collecting of them and in the passing of them For first as to the collecting of them there must be made by the Lawyers of either Nation a Disgest under Titles of their several Laws and Customs as well Common Laws as Statutes that they may be collated and compared and that the diversities may appear and be discerned of And for the passing of them we see by experience that Patrius Mos is dear to all men and that men are bred and nourished up in the love of it and therefore how harsh Changes and Innovations are And we see likewise what Disputation and Argument the alteration of some one Law doth cause and bring forth How much more the alteration of the whole Corps of the Law Therefore the first Question will be whether it be not good to proceed by parts and to take that that is most necessary and leave the rest to time The parts therefore or subject of Laws are for this purpose fitliest distributed according to that ordinary didivision of Criminal and Civil and those of Criminal Causes into Capital and Penal The second Question therefore is Allowing the general Union of Laws to be too great a Work to embrace whether it were not convenient that Cases Capital were the same in both Nations I say the Cases I do not speak of the Proceedings or Trials That is to say whether the same Offences were not fit to be made Treason or Fellony in both places The third Question is whether Cases Penal though not Capital yet if they concern the Publick State or otherwise the discipline of Manners were not fit likewise to be brought into one degree As the case of Misprision of Treason the Case of Premunire the Case of Fugitives the Case of Incest the Case of Simony and the rest But the Question that is more urgent then any of these is Whether these Cases at the least be they of an higher or inferiour degree wherein the Fact committed or Act done in Scotland may prejudice the State and Subjects of England or è converso are not to be reduced to one uniformity of Law and Punishment As for example a Perjury committed in a Court of Justice in Scotland cannot be prejudicial in England because Depositions taken in Scotland cannot be produced and used here in England But a Forgery of a Deed in Scotland I mean with a false date of England may be used and given in evidence in England So likewise the depopulating of a Town in Scotland doth not directly prejudice the State of England But if an English Merchant shall carry Silver and Gold into Scotland as he may and thence transport it into Forraign Parts this prejudiceth the State of England and may be an evasion to all the Laws of England ordained in that case and therefore had need to be bridled with as severe a Law in Scotland as it is here in England Of this kind there are many Laws The Law of the 50. of Rich. the 2. of going over without Licence if there be not the like Law in Scotland will be frustrated and evaded For any Subject of England may go first into Scotland and thence into Forraign parts So the Laws prohibiting transportation of sundry Commodities as Gold and Silver Ordnance Artillery Corn c. if there be not a correspondence of Laws in Scotland will in like manner be deluded and frustrate For any English Merchant or Subject may carry such Commodities first into Scotland as well as he may carry them from Port to Port in England And out of Scotland to Forraign parts without any peril of Law So Libels may be devised and written in Scotland and published and scattered in England Treasons may be plotted in Scotland and executed in England And so in many other cases if there be not the like severity of Law in Scotland to restrain offences that there is in England whereof we are here ignorant whether there be or no it will be a gap or stop even for English Subjects to escape and avoid the Laws of England But for Treasons the best is that by the Statute of 26. King Hen. the 8 th Cap. 13. any Treason committed in Scotland may be proceeded with in England as well as Treasons committed in France Rome or elsewhere 6. Courts of Justice and Administration of Laws For Courts of Justice Trials Processes and other Administration of Laws to make any alteration in either Nation it will be a thing so new and unwonted to either People that it may be doubted it will make the Administration of Justice which of all other things ought to be known and certain as a beaten way to become intricate and uncertain And besides I do not see that the severalty of Administration of Justice though it be by Court Soveraign of last resort I mean without appeal or errour is any impediment at all to the Union of a Kingdom As we see by experience in the several Courts of Parliament in the Kingdom of France And I have been alwayes of opinion that the Subjects of England do already fetch Justice somewhat far off more then in any Nation that I know the largeness of the Kingdom considered though it be holpen in some part by the Circuits of the Judges and the two Councils at York and in the Marches of Wales established But it may be a good Question whether as commune vinculum of the Justice of both Nations your Majesty should not erect some Court about your Person in the nature of the Grand Council of France To which Court you might by way of evocation draw Causes from the ordinary Judges of both Nations For so doth the French King from all the Courts of Parliament in France many of which are more
Seas or Navigable Rivers But yet there are Badges and Memorials of Borders Of which point I have spoken before For the Language It is true the Nations are unius Labii and have not the first curse of disunion which was Confusion of Tongues whereby one understood not another But yet the Dialect is differing and it remaineth a kind of mark of distinction But for that Tempori permittendum it is to be left to time For considering that both Languages do concur in the principal Office and Duty of Language which is to make a mans self understood For the rest it is rather to be accounted as was said a diversity of Dialect then of Language and as I said in my first Writing it is like to bring forth the enriching of one Language by compounding and taking in the proper and significant Words of either Tongue rather then a continuance of two Languages For Leagues and Confederacies It is true that neither Nation is now in hostility with any State wherewith the other Nation is in amity but yet so as the Leagues and Treaties have been concluded with either Nation respectively and not with both jointly which may contain some diversity of Articles of straitness with one more then with the other But many of these matters may perhaps be of that kind as may fall within that Rule In veste variet as sit scissura non sit Now to descend to the particular points wherein the Realms stand severed and divided over and besides the former six points of separation which I have noted and placed as the defects or abatements of the six points of the Union and therefore shall not need to be repeated The points I say yet remaining I will divide into External and into Internal The External Points therefore of the separation are four 1. The several Crowns I mean the ceremonial and material Crowns 2. The second is the several Names Stiles or Appellations 3. The third is the several Prints of the Seals 4. The fourth is the several Stamps or Marks of the Coins of Monies It is true that the External are in some respect and parts much mingled and interlaced with considerations Internal and that they may be as effectual to the true Union which must be the work of time as the Internal because they are operative upon the conceits and opinions of the People The uniting of whose hearts and affections is the life and true end of this Work For the Ceremonial Crowns the question will be whether there shall be framed one new Imperial Crown of Britain to be used for the time to come Also admitting that to be thought convenient whether in the Frame thereof there shall not be some reference to the Crowns of Ireland and France Also whether your Majesty should repeat or iterate your own Coronation and your Queens or only ordain that such new Crown shall be used by your Posterity hereafter The difficulties will be in the conceit of some inequality whereby the Realm of Scotland may be thought to be made an accession unto the Realm of England But that resteth in some circumstances for the compounding of the two Crowns is equal The calling of the new Crown The Crown of Britain is equal Only the place of Coronation if it shall be at Westminster which is the ancient august and sacred place for the Kings of England may seem to make an inequality And again if the Crown of Scotland be discontinued then that Ceremony which I hear is used in the Parliament of Scotland in the absence of the Kings to have the Crowns carried in solemnity must likewise cease For the Name the main question is whether the contracted Name of Britain shall be by your Majesty used or the divided Names of England and Scotland Admitting there shall be an alteration then the case will require these following Questions First whether the Name of Britain shall not only be used in your Majesties Stile where the entire Stile is recited and in all other forms the divided Names to remain both of the Realms and of the People Or otherwise that the very divided Names of Realms and People shall likewise be changed or turned into special or sub-divided Names of the general Name That is to say for example whether your Majesty in your Stile shall denominate your self King of Britain France and Ireland c. And yet nevertheless in any Commission Writ or otherwise where your Majesty mentioneth England or Scotland you shall retain the ancient Names as Secundum consuetudinem Regni nostri Angliae or whether those divided Names shall be for ever lost and taken away and turned into the sub-divisions of South-Britain and North-Britain and the People to be South-Britains and North-Britains And so in the example foresaid the Tenour of the like clause to run Secundum consuetudinem Britanniae Australis Also if the former of these shall be thought convenient whether it were not better for your Majesty to take that Alteration of Stile upon you by Proclamation as Edward the third did the Stile of France then to have it enacted by Parliament Also in the alteration of the Stile whether it were not better to transpose the Kingdom of Ireland and put it immediately after Britain and so place the Islands together and the Kingdom of France being upon the Continent last In regard these Islands of the Western Ocean seem by Nature and Providence an entire Empire in themselves and also that there was never King of England so entirely possest of Ireland as your Majesty is So as your Stile to run King of Britain Ireland and the Islands adjacent and of France c. The difficulties in this have been already throughly beaten over but they gather but to two Heads The one point of Honour and love to the former Names The other Doubt left the alteration of the Name may induce and involve an alteration of the Laws and Policies of the Kingdom Both which if your Majesty shall assume the Stile by Proclamation and not by Parliament are in themselves satisfied For then the usual Names must needs remain in Writs and Records the Forms whereof cannot be altered but by Act of Parliament and so the point of Honour satisfied And again your Proclamation altereth no Law and so the scruple of a tacite or implyed alteration of Laws likewise satisfied But then it may be considered whether it were not a Form of the greatest Honour if the Parliament though they did not enact it yet should become Suiters and Petitioners to your Majesty to assume it For the Seals That there should be but one Great Seal of Britain and one Chancellor and that there should only be a Seal in Scotland for Processes and ordinary Justice And that all Patents of Grants of Lands or otherwise as well in Scotland as in England should pass under the Great Seal here kept about your Person It is alteration Internal whereof I do not now speak
most cases principally regarded In Nature the time of planting and setting is chiefly observed And we see the Astrologers pretend to judge of the fortune of the party by the time of the Nativity In Laws we may not unfitly apply the case of Legitimation to the case of Naturalization For it is true that the common Canon Law doth put the Ante-natos and the Post-natos in one degree But when it was moved to the Parliament of England Barones unâ voce responderunt Nolumus Leges Angliae mutare And though it must be confessed that the Ante-nati and Post-nati are in the same degree in Dignities yet were they never so in Abilities For no man doubts but the Son of an Earl or Baron before his Creation or Call shall inherite the Dignity as well as the Son born after But the Son of an Attainted Person born before the Attainder shall not inherite as the after-born shall notwithstanding Charter of Pardon The Reason of Estate is That any restriction of the Ante-nati is temporary and expireth with this Generation But if you make it in the Post-nati also you do but in substance pen a perpetuity of Separation Mr. Speaker in this point I have been short because I little expected this doubt as to point of Convenience and therefore will not much labour where I suppose there is no greater opposition A BRIEF DISCOURSE Of the happy UNION OF THE KINGDOMES OF ENGLAND and SCOTLAND Dedicated in private to His MAJESTY I Do not find it strange excellent King that when Heraclitus he that was surnamed the Obscure had set forth a certain Book which is not now extant many men took it for a Discourse of Nature and many others took it for a Treatise of Policy For there is a great affinity and consent between the Rules of Nature and the true Rules of Policy The one being nothing else but an Order in the Government of the World And the other an Order in the Government of an Estate And therefore the education and erudition of the Kings of Persia was in a Science which was termed by a Name then of great Reverence but now degenerate and taken in the ill part For the Perasin Magick which was the secret Literature of their Kings was an application of the Contemplations and Observations of Nature unto a sense Politick taking the fundamental Laws of Nature and the Branches and Passages of them as an Original or first Model whence to take and describe a Copy and Imitation for Government After this manner the foresaid Instructers set before their Kings the examples of the Celestial Bodies the Sun the Moon and the rest which have great glory and veneration but no rest or intromission being in a perpetual office of motion for the cherishing in turn and in course of inferiour Bodies Expressing likewise the true manner of the motions of Government which though they ought to be swift and rapide in respect of dispatch and occasions yet are they to be constant and regular without wavering or confusion So did they represent unto them how the Heavens do not enrich themselves by the Earth and the Sea nor keep no dead Stock nor untouched Treasures of that they draw to them from below But whatsoever moisture they do levy and take from both Elements in vapours they do spend and turn back again in showers only holding and storing them up for a time to the end to issue and distribute them in season But chiefly they did expresse and expound unto them that fundamental Law of Nature whereby all things do subsist and are preserved which is that every thing in Nature although it hath his private and particular affection and appetite and doth follow and pursue the same in small moments and when it is free and delivered from more general and common respects yet neverthelesse when there is question or case for sustaining of the more general they for sake their own particularities and attend and conspire to uphold the publick So we see the Iron in small quantity will ascend and approach to the Load-stone upon a particular sympathy But if it be any quantity of moment it leaveth his appetite of amity to the Load-stone and like a good Patriot falleth to the Earth which is the Place and Region of massy Bodies So again the Water and other like Bodies do fall towards the Center of the Earth which is as was said their Region or Countrey And yet we see nothing more usual in all Water-works and Engines then that the Water rather then to suffer any distraction or dis-union in Nature will ascend for saking the love to his own Region or Countrey and applying it self to the Body next adjoyning But it were too long a digression to proceed to more examples of this kind Your Majesty your self did fall upon a passage of this nature in your gracious Speech of thanks unto your Council when acknowledging Princely their vigilancies and well-deservings it pleased you to note that it was a success and event above the course of nature to have so great Change with so great a Quiet Forasmuch as suddain mutations as well in State as in Nature are rarely without violence and perturbation So as still I conclude there is as was said a congruity between the principles of Nature and Policy And lest that instance may seem to oppone to this Assertion I may even in that particular with your Majesties favour offer unto you a Type or Pattern in Nature much resembling this event in your State Namely Earthquakes which many of them bring ever much terrour and wonder but no actual hurt the Earth trembling for a moment and suddenly stablishing in perfect quiet as it was before This knowledge then of making the Government of the World a mirrour for the Government of a State being a Wisdom almost lost whereof the reason I take to be because of the difficulty for one man to imbrace both Philosophies I have thought good to make some proof as far as my weakness and the straights of my time will suffer to revive in the handling of one particular wherewith now I most humbly present your Majesty For surely as hath been said it is a form of Discourse anciently used towards Kings And to what King should it be more proper then to a King that is studious to conjoin contemplative Vertue and active Vertue together Your Majesty is the first King that had the Honour to be Lapis Angularis to unite these two mighty and warlike Nations of England and Scotland under one Soveraignty and Monarchy It doth not appear by the Records and Memories of any true History or scarcely by the fiction and pleasure of any fabulous Narration or Tradition That ever of any Antiquity this Island of Great Britain was united under one King before this day And yet there be no Mountains or races of Hills there be no Seas nor great Rivers there is no diversity of Tongue or Language that hath invited or provoked this
only as a Forraign Nation and not so much neither for there have been erected Staples in Towns in England for some Commodities with an exclusion and restriction of other parts of England But this is a matter of the least difficulty your Majesty shall have a Calendar made of the Laws and a Brief of the Effect and so you may judge of them And the like or reciproque is to be done by Scotland for such Laws as they have concerning England and the English Nation The second Question is what Laws Customs Commissions Officers Garrisons and the like are to be put down dis-continued or taken away upon the Borders of both Realms This point because I am not acquainted with the Orders of the Marches I can say the less Herein falleth that question Whether that the Tennants who hold their Tennant-Rights in a greater freedom and exemption in consideration of their service upon the Borders and that the Countreys themselves which are in the same respect discharged of Subsidies and Taxes should not now be brought to be in one degree with other Tennants and Countreys Nam cessante causâ tollitur effectus wherein in my opinion some time would be given Quia adhuc corum Messis in herbâ est But some present Ordinance would be made to take effect at a future time considering it is one of the greatest points and marks of the division of the Kingdoms And because Reason doth dictate that where the principal Solution of Continuity was there the healing and consolidating Plaister should be chiefly applyed There would be some further device for the utter and perpetual confounding of those imaginary Bounds as your Majesty termeth them And therefore it would be considered whether it were not convenient to plant and erect at Carleil or Barwick some Council or Court of Justice the Jurisdiction whereof might extend part into England and part into Scotland With a Commission not to proceed precisely or meerly according to the Laws and Customs either of England or Scotland but mixtly according to Instructions by your Majesty to be set down after the imitation and precedent of the Council of the Marches here in England erected upon the Union of Wales The third Question is that which many will make a great question of though perhaps your Majesty will make no question of it And that is Whether your Majesty should not make a stop or stand here and not to proceed to any further Union contenting your Self with the two former Articles or Points For it will be said That we are now well thanks be to God and your Majesty and the State of neither Kingdom is to be repented of And that it is true which Hippocrates saith That Sana Corpora difficilè medicationes ferunt It is better to make alterations in sick Bodies then in found The consideration of which point will rest upon these two Branches What inconveniencies will ensue with time if the Realms stand as they are divided which are yet not found nor sprung up For it may be the sweetness of your Majesties first entrance and the great Benefit that both Nations have felt thereby hath covered many inconveniencies Which nevertheless be your Majesties Government never so gracious and politick continuance of time and the accidents of time may breed and discover if the Kingdoms stand divided The second Branch is Allow no manifest or important peril or inconvenience should ensue of the continuing of the Kingdoms divided yet on the other side whether that upon the further uniting of them there be not like to follow that addition and encrease of Wealth and Reputation as is worthy your Majesties Vertues and Fortune to be the Author and Founder of for the advancement and exaltation of your Majesties Royal Posterity in time to come But admitting that your Majesty should proceed to this more perfect and entire Union wherein your Majesty may say Majus opus moveo To enter into the parts and degrees thereof I think fit first to set down as in a brief Table in what points the Nations stand now at this present time already united and in what points yet still severed and divided that your Majesty may the better see what is done and what is to be done and how that which is to be done is to be inferred upon that which is done The Points wherein the Nations stand already united are In Soveraignty In the Relative thereof which is Subjection In Religion In Continent In Language And now lastly by the Peace your Majesty concluded with Spain in Leagues and Confederacies For now both Nations have the same Friends and the same Enemies Yet notwithstanding there is none of the six Points wherein the Union is perfect and consummate But every of them hath some scruple or rather grain of separation enwrapped and included in them For the Soveraignty the Union is absolute in your Majesty and your Generation But if it should so be which God of his infinite mercy defend that your Issue should fail then the descent of both Realms doth resort to the several Lines of the several Blouds Royal. For Subjection I take the Law of England to be clear what the Law of Scotland is I know not That all Scots men from the very instant of your Majesties Reign begun are become Denizens And the Post-nati are naturalized Subjects of England for the time forwards For by our Laws none can be an Alien but he that is of another Allegiance then our Soveraign Lord the Kings For there be but two sorts of Aliens whereof we find mention in our Law an Alien Ami and an Alien Enemy whereof the former is a Subject of a State in amity with the King and the latter a Subject of a State in hostility But whether he be one or other it is an essential difference unto the definition of an Alien if he be not of the Kings Allegiance As we see it evidently in the precedent of Ireland who since they were Subjects to the Crown of England have ever been inheritable and capable as Natural Subjects And yet not by any Statute or Act of Parliament but meerly by the common Law and the Reason thereof So as there is no doubt that every Subject in Scotland was and is in like plight and degree since your Majesties coming in as if your Majesty had granted particularly your Letters of Denization or Naturalization to every of them and the Post-nati wholly Natural But then on the other side for the time backwards and for those that were Ante-nati the Blood is not by Law naturalized So as they cannot take it by descent from their Ancestors without Act of Parliament And therefore in this point there is a defect in the Union of Subjection For matter of Religion the Union is perfect in points of Doctrine but in matter of Discipline and Government it is imperfect For the Continent It is true there are no natural Boundaries of Mountains or
in small time gather and win upon theirs For here 's the Seat of the Kingdom whence come the supreme Directions of Estate Here is the Kings Person and Example of which the Verse saith Regis ad exemplum tot us componitur Orbis And therefore it is not possible although not by solemn and formal Act of Estates yet by the secret operation of no long time but they will come under the yoke of our Laws and so Dulcis tractus pari jugo And this is the Answer I give to this second Objection The third Objection is some inequality in the Fortunes of these two Nations England and Scotland By the commixture whereof there may ensue advantage to them and loss to us Wherein Mr. Speaker it is well that this difference or disparity consisteth but in external Goods of Fortune For indeed it must needs be confessed that for the Goods of the Mind and Body they are Alteri Nos Other our selves For to do them but right we know in their capacity and understanding they are a People ingenious in Labour industrious in Courage valiant in Body hard active and comely More might be said but in commending them we do but in effect commend our selves for they are of one piece and continent with us and the truth is we are participant both of their Virtues and Vices For if they have been noted to be a Pople not so tractable in Government we cannot without flattering our selves free our selves altogether from that fault being a thing indeed incident to all Martial People As we see it evident by the example of the Romans and others Even like unto fierce Horses that though they be of better service then others yet are they harder to guide and to mannage But for this Objection Mr. Speaker I purpose to answer it not by Authority of Scripture which saith Beatius est dare quam accipere but by an Authority framed and derived from the judgement of our selves and our Ancestors in the same case as to this point For Mr. Speaker in all the Line of our Kings none useth to carry greater commendation then his Majesties Noble Progenitour King Edward the first of that Name And amongst his other commendations both of War and Policy none is more celebrated then his purpose and enterprise for the Conquest of Scotland as not bending his designs to glorious Acquests abroad but to solid strength at home which nevertheless if it had succeeded well could not but have brought in all those inconveniences of the commixture of a more opulent Kingdom with a less that are now alledged For it is not the yoke either of our Armes or of our Laws 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 matter of the commixture And therefore Mr. Speaker if it were good for us then it is good for us now and not to be prised the less because we paid not so dear for it But a more full Answer to this Objection I refer over to that which will come after to be spoken touching Surety and Greatness The fourth Objection Mr. Speaker is not properly an Objection but rather a pre-occupation of an Objection of the other side For it may be said and very materially whereabout do we contend The benefit of Naturalization is by the Law in as many as have been or shall be born since his Majesties coming to the Crown already settled and invested There is no more then but to bring the Ante-nati into the degree of the Post-nati that men grown that have well-deserved may be in no worse case then children which have not deserved and elder brothers in no worse case then younger brothers So as we stand upon Quiddam not Quantum being but a little difference of time of one Generation from another To this Mr. Speaker it is said by some that the Law is not so but that the Post-nati are Aliens as well as the rest A point that I mean not much to argue both because it hath been well spoken to by the Gentleman that spoke last before me and because I do desire in this case and in this place to speak rather of Convenience than of Law Only this will I say That that opinion seems to me contrary to reason of Law contrary to form of pleading in Law and contrary to Authority and Experience of Law For reason of Law when I meditate of it Methinks the wisdom of the Common Laws of England well observed is admirable in the distribution of the benefit and protection of the Laws according to the several conditions of persons in an excellent proportion The degrees are four but bipartite 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 this Kingdom without safe conduct it is at his peril The Law giveth him no protection neither for Body Lands nor Goods So as if he be slain there is no remedy by any Appeal at the parties sute although his Wife were an English woman Marry at the Kings sute the case may be otherwise in regard of the offence to the Peace The second degree is of an Alien that is born under the 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 that is concerning things personal transitory and moveable as Goods and Chattels Contracts and the like But not concerning Freehold and Inheritance And the reason is because he may be an enemy though he be not For the State under the obeysance of which he is may enter into quarrel and hostility and therefore as the Law hath but a transitory assurance of him so it rewards him but with transitory benefits The third degree is of a Subject who having been an Alien is by Charter made Denizen To such an one the Law doth impart yet a more ample benefit For it gives him power to purchase Free-hold and Inheritance to his own use and likewise enables the Children born after his Denization to inherit But yet nevertheless he cannot make Title or convey Pedegree 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 mought once have been an enemy And Nemo subitò fingitur Mens affections cannot be so settled by any benefit as when from their Nativity they are inbred and inherent And the fourth degree which is the perfect degree is of such a person that neither is enemy nor can be enemy in time to come nor could have been enemy at any time past And therefore the Law gives unto him the full benefit of Naturalization Now Mr. Speaker 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 a Rebel he mought be but no Enemy And therefore in reason of Law is naturalized Nay contrary-wise he is bound Jure Nativitatis to defend this Kingdom of England against all Invaders or Rebels And therefore as he is oblieged to the protection of Arms and that perpetually and universally So he is to have the perpetual and universal benefit and protection of Law which is Naturalization For form of Pleading it is true that hath been said That if a man would plead another to be an Alien he must not only set forth negatively and privatively that he was born out of the obedience of our Soveraign Lord the King but affirmatively under the obedience of a forreign King or State in particular which never can be done in this case As for Authority I will not press it you know all what hath been published by the Kings Proclamations And for experience of Law we see it in the Subjects of Ireland in the Subjects of Gersey and Guernsey parcels of the Dutchy of Normandy in the Subjects of Calleis when it was English which was parcel of the Crown of France But as I said I am not willing to enter into an Argument of Law but to hold my self to point of Convenience So as for my part I hold all Post-nati naturalized ipso jure But yet I am far from opinion that it should be a thing superfluous to have it done by Parliament chiefly in respect of that true principle Principum Actiones praecipuè ad famam sunt componendae It will lift up a Sign to all the world of our love towards them and good agreement with them And these are Mr. Speaker the matterial Objections which have been made of the other side whereunto you have heard mine Answers Weigh them in your wisdoms And so I conclude that general part Now Mr. Speaker according as I promised I must fill the other ballance in expressing unto you the inconveniencies which we shall incur if we shall not proceed to this Naturalization Wherein that inconvenience which of all others and alone by it self if there were none other doth exceedingly move me and may move you is a Position of Estate collected out of the Records of time which is this That wheresoever several Kingdoms or Estates have been united in Soveraignty if that Union hath not been fortified and bound in with a further Union and namely that which is now in question of Naturalization this hath followed That at one time or other they have broken again being upon all occasions apt to revolt and relapse to the former separation Of this assertion the first example which I will set before you is of that memorable Union which was between the Romans and the Latines which continued from the Battail at the Lake of Regilla for many years untill the Consulships of T. Manlius and P. Decius At what time there began about this very point of Naturalization that War which was called Bellum Sociale being the most bloody and pernicious War that ever the Roman State endured wherein after numbers of Battails and infinite Sieges and Surprises of Towns the Romans in the end prevailed and mastered the Latines But assoon as ever they had the honour of the War looking back into what perdition and confusion they were near to have been brought they presently naturalized them all You speak of a Naturalization in blood there was a Naturalization indeed in blood Let me set before you again the example of Sparta and the rest of Peloponnesus their Associats The State of Sparta was a nice and jealous State in this point of imparting Naturalization to their Confederates But what was the issue of it After they had held them in a kind of Society and Amity for divers years upon the first occasion given which was no more then the surprize of the Castle of Thebes by certain desperate Conspirators in the habit of Masquers There ensued immediatly a general revolt and defection of their Associats which was the ruine of their State never afterwards to be recovered Of later time let me lead your consideration to behold the like events in the Kingdom of Arragon which Kingdom was united with Castille and the rest of Spain in the persons of Ferdinando and Isabella and so continued many years But yet so as it stood a Kingdom severed and divided from the rest of the Body of Spain in Priviledges and directly in this point of Naturalization or capacity of Inheritance What came of this Thus much That now of fresh memory not past twelve years since only upon the voice of a condemned man out of the Grate of a Prison towards the Street that cried Fueros which is as much as Liberties or Priviledges There was raised a dangerous Rebellion which was suppressed with difficulty with an Army Royal and their Priviledges disannulled and they incorporated with the rest of Spain Upon so small a spark notwithstanding so long continuance were they ready to break and severe again The like may be said of the States of Florence and Pisa which City of Pisa being united unto Florence but not endued with the benfite of Naturalization upon the first light of forraign Assistance by the expedition of Charles the eighth of France into Italy did revolt though it be since again re-united and incorporated The same effect we see in the most barbarous Government which shews it the rather to be an effect of Nature For it was thought a fit Policy by the Council of Constantinople to retain the three Provinces of Transilvania Valachia and Moldavia which were as the very Nurses of Constantinople in respect of their Provisions to the end they moght be the less wasted only under Vayvods as Vaslals and Homagers and not under Bassa's and Provinces of the Turkish Empire which Policy we see by late experience proved unfortunate as appeared by the revolt of the same three Provinces under the Arms and conduct of Sigismund Prince of Transilvania a Leader very famous for a time which Revolt is not yet fully recovered Whereas we seldom or never hear of revolts of Princes incorporate to the Turkish Empire On the other part Mr. Speaker because it is true which the Logicians say Opposita juxta se posita magis elucescunt let us take a view and we shall find That wheresoever Kingdoms and States have been united and that Union corroborate by the Bond of mutual Naturalization you shall never observe them afterwards upon any occasion of trouble or otherwise to break and severe again As we see most evidently before our eyes in divers Provinces of France that is to say Guien Provence Normandy Brittain which notwithstanding the infinite infesting troubles of that Kingdom never offered to break again We see the like effect in all the Kingdoms of Spain which are mutually naturalized As Leon Castile Valencia Andaluzia Granada and the rest except Arragon which held the contrary course and therefore had the contrary successe as we