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A28517 The union of the two kingdoms of Scotland and England, or, The elaborate papers of Sir Francis Bacon ... Bacon, Francis, 1561-1626.; Irvine, Christopher, fl. 1638-1685. 1670 (1670) Wing B340; ESTC R338 40,143 72

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THE UNION OF THE TWO KINGDOMS OF SCOTLAND AND ENGLAND OR The elaborate Papers of Sir Francis Bacon Lord Verulam Viscount of St. Alban sometime High Chancellor of England The greatest Sates-man of his Nation and Schollar of his Age concerning that Affair Published in this form for publick satisfaction Nullum numen abest Edinburgh Printed in the year 1670. FOR The Right HONOURABLE Sir ANDREW RAMSAY KNIGHT Barron of Abbots-hall c. Lord Provost of Edinburgh and one of His Majesties most Honourable Privy Council My Lord OF the Union of the two Kingdoms now happily intended these being the Elaborate and most Learned Thoughts and Resolutions of that great States-man yet more great Lawyer but most of all the far greatest Schollar of his Age and Nation Sir Francis Bacon Lord Verulam Viscount of St. Alban presented to our sometimes Great SOVERAIGN King James the most Wise and Learned I have advised them again to the Press for the satisfaction of divers Noble and Worthy Persons the Book in which they first came to light being too voluminous for ordinary use and rarely to be found in this Kingdom And now my Lord I have made bold to give you the trouble of this Address and present these few Papers though small in bulk yet vast in matter to your hands both upon my own and the Authors account Upon mine own who have ever been your most humble Client and have had your noble Friendship and Favour to countenance me in all my private concerns And moreover you do as Chief Magistrate govern that City in which I was first educate in the Peripatetickwalks and under and in which I have for divers years profest Letters or practised Chyrurgery and Physick and with the rest of my fellow Citizens have found such refreshment under your Shade and Care that I thought it my duty to signifie it by this small testimony of my thankfulness And I am sure that upon the Authors account there is not a fitter Person to whom these Papers could be committed The great prudence and knowledge he had in State Affairs made him very acceptable to the Kings and People of his own Nation and the great moderation watchfulness and wisdom you have used in governing this City one of the greatest Interests of this Kingdom hath endeared you to all the Princes and Chiefs of this People What labour and trouble you put upon your self to preserve it under the late Usurpers your very enemies do acknowledge and praise How your care and resolution preserved it from ruine when the VVest Male-contents came marching to its very Gates all that were faithful to His Majesties Service are ready to witness And with what sweetness and calmness you have keeped together the Union of the Burgesses who were ready through heat and unadvisedness to divide themselves your late appearance before the Right Honourable Committee of Trade and your oppose to those that were ready to violate the old Sett of the Good-Town is a testimony above exception I could add many more evidences of your great Prudence and Moderation but I will rather forbear them then give the least blush or trouble to your modesty Only this I must add that as your Lordship hath been a great Preserver of the Union of this Burgh So I do not doubt but you who are the most eminent Member of a Party not least concerned in this Affair I mean the Burroughs will with your good advices endeavour such an Union of the two Kingdoms as shall most advance the Glory and Prerogative of our Gracious King and promove most the Honour Trade and Safety of both People This and your Preservation shall ever be the sincere Devotion of My Lord Your most humble Servant C. Irvin A Speech used by Sir Francis Bacon in the Lower House of Parliament 50. Jacobi concerning the Article of general Naturalization of the Scots Nation IT may please you Mr. Speaker Preface I will use none but put my self upon your good Opinions to which I have been accustomed beyond my deservings Neither will I hold you in suspence what way I will choose but now at the first declare my self that I mean to counsel the House to Naturalize this Nation Wherein nevertheless I have a request to make unto you which is of more efficacy to the purpose I have in hand then all that I shall say afterwards And it is the same which Demosthenes did more then once in great Causes of Estate to the people of Athens Ut cum calcul● Suffragiorum sumant Magnanimitatem Reip. That when they took into their hands the Balls whereby to give their Voices according as the manner of them was They would raise their thoughts and lay aside those considerations which their private Vocations and Degrees mought minister and represent unto them And would take upon them cogitations and minds agreeable to the Dignity and Honour of the Estate For Mr. Speaker as it was aptly and sharply said by Alexander to Parmenio when upon the Recital of the great offers which Darius made Parmenio said unto him I would accept these offers were I as Alexander He turned it upon him again So would I saith he were I as Parmenio So in this cause if an honest English Merchant I do not single out that State in disgrace for this Island ever held it Honourable but only for an instance of a private profession If an English Merchant should say Surely I would proceed no further in the Union were I as the King It mought be reasonably answered No more would the King were He as an English Merchant And the like may be said of a Gentleman of the Countrey be he never so worthy and sufficient Or of a Lawyer be he never so wise and learned Or of any other particular condition in this Kingdom For certainly Mr. Speaker if a man shall be only or chiefly sensible of those respects which his particular Vocation and Degree shall suggest and infuse into him and not enter into true and worthy considerations of Estate he shall never be able aright to give counsel or to take counsel in this matter So that it this request be granted I account the cause obtained But to proceed to the matter it self All Consultations do rest upon Questions comparative For when a question is de Vero it is simple for there is but one Truth But when a question is de Bono it is for the most part comparative For there be differing degrees of Good and Evil and the best of the Good is to be preferred and chosen and the worst of the Evil is to be declined and avoided And therefore in a Question of this nature you may not look for Answers proper to every inconvenience alledged For somewhat that cannot be specially answered may nevertheless be encountred and overweighed by matter of greater moment And therefore the matter which I shall set forth unto you will naturally receive this distribution of three parts First an Answer unto those inconveniences which
said and Portugal of which there is not yet sufficient Trial. And lastly we see the effect in our own Nation which never rent assunder after it was once united so as we now scarce know whether the Heptarchy were a Story or a Fable And therefore Mr. Speaker when I revolve with my self these examples and others so lively expressing the necessity of a Naturalization to avoid a relapse into a separation and do hear so many arguments and scruples made on the other side It makes me think on the old Bishop which upon a publick Disputation of certain Divines Christians with some learned men of the Heathens did extremely press to be heard and they were loath to suffer him because they knew he was unlearned though otherwise an holy and well-meaning Man But at last with much ado he got to be heard and when he came to speak in stead of using Arguments he did only say over his Belief but did it with such assurance and constancy as did strike the minds of those that heard him more then any Argument had done And so Mr. Speaker against all these witty and subtile Arguments I say that I do believe and would be sorry to be found a Prophet in it That except we proceed with this Naturalization though not perhaps in his Majesties time who hath such Interest in both Nations yet in the time of his Descendants these Realms will be in continual danger to divide and break again Now if any man be of that careless mind Maneat nostras ca cura Nepotes Or of that hard mind to leave things to be tryed by the sharpest Sword sure I am he is not of St. Paul's opinion who affirmeth That whosoever useth not fore-sight and provision for his Family is worse then an unbeliever Much more if we shall not use fore-sight for these two Kingdoms that comprehend so many Families but leave things open to the peril of future divisions And thus have I expressed unto you the inconvenience which of all other sinketh deepest with me as the most weighty Neither do their want other inconveniences Mr. Speaker the effect and influence whereof I fear will not be adjourned to so long a day as this that I have spoken of For I leave it to your wisdom to consider whether you do not think in case by the denyal of this Naturalization any pike of alienation or unkindness I do not say where should be thought to be or noised to be between these two Nations whether it will not quicken and excite all the envious and malicious humours wheresoever which are now covered against us either forraign or at home and so open the way to practices and other engines and machinations to the disturbance of this State As for that other inconvenience of his Majesties engagement into this Action it is too binding and pressing to be spoken of and may do better a great deal in your minds then in my mouth or in the mouth of any man else because I say it doth press our Liberty too far And therefore Mr. Speaker I come now to the third general part of my division concerning the Benefits which we shall purchase by this knitting of the knot surer and streighter between these two Kingdoms by the communicating of Naturalization The Benefits may appear to be two the one Surety the other Greatness Touching Surety Mr. Speaker it was well said by Titus Quintius the Roman touching the State of Peloponnesus That the Tortois is safe within her shell Testudo intra tegumen tuta est but if there be any parts that lye open they endanger all the rest We know well that although the State at this time be in a happy Peace yet for the time past the more ancient enemy to this Kingdom hath been the French and the more late the Spaniard and both these had as it were their several postern Gates whereby they mought have approach and entrance to annoy us France had Scotland and Spain had Ireland For these were the two accesses which did comfort and encourage both these enemies to assail and trouble us We see that of Scotland is cut off by the Union of both these Kingdoms if that it shall now be made constant and permanent That of Ireland is likewise cut off by the convenient situation of the North of Scotland toward the North of Ireland where the sore was Which we see being suddainly closed hath continued closed by means of this Salve So as now there are no parts of this State exposed to danger to be a temptation to the ambition of Forraigners but the approaches and avenues are taken away For I do little doubt but those Forraigners which had so ill success when they had these advantages will have much less comfort now that they be taken from them And so much for Surety For Greatness Mr. Speaker I think a man may speak it soberly and without bravery That this Kingdom of England having Scotland united Ireland reduced the Sea Provinces of the Low-Countreys contracted and Shipping maintained is one of the greatest Monarchies in Forces truly esteemed that hath been in the world For certainly the Kingdoms here one Earth have a resemblance with the Kingdom of Heaven which our Saviour compareth not to any great Kernel or Nut but to a very small Grain yet such an one as is apt to grow and spread And such do I take to be the constitution of this Kingdom if indeed we shall refer our Counsels to Greatness and Power and not quench them too much with consideration of Utility and Wealth For Mr. Speaker was it not think you a true Answer that Solon of Greece made to the rich King Cresus of Lydia when he shewed unto him a great quantity of Gold that he had gathered together in ostentation of his Greatness and Might But Solon said unto him contrary to his expectation Why Sir if another come that hath better Iron then you he will be Lord of all your Gold Neither is the Authority of Machiavel to be despised who scorneth the Proverb of Estate taken first from a Speech of Mucianus That Moneys are the Sinews of War And saith There are no true Sinews of War but the very Sinews of the Arms of valiant men Nay more Mr. Speaker whosoever shall look into the seminaries and beginnings of the Monarchies of the world he shall find them founded in Poverty Persia a Countrey barren and poor in respect of the Medes whom they subdued Macedon a Kingdom ignoble and mercenary until the time of Philip the Son of Amyntas Rome had poor and pastoral beginnings The Turks a Band of Sarmatian Scythes that in a vagabond manner made impression upon that part of Asia which is yet called Turcomania Out of which after much variety of Fortune sprung the Ottoman Family now the terrour of the world So we know the Goths Vandals Alanes Huns Lombards Normans and the rest of the Northern people in one Age of the world made their descent
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
noteth the one Nation gave the Name to the Place the other to the People For Rome continued the name but the people were called Quirites which was the Sabine word derived of Cures the Countrey of Tatius But that which is chiefly to be noted in the whole continuance of the Roman Government they were so liberal of their Naturalizations as in effect they made perpetual mixtures For the manner was to grant the same not only to particular Persons but to Families and Linages and not only so but to whole Cities and Countries So as in the end it came to that that Rome was communis Patria as some of the Civilians call it So we read of Saint Paul after he had been beaten with Rods and thereupon charged the Officer with the violation of the Priviledge of a Citizen of Rome The Captain said to him Art thou then a Romane That Priviledge hath cost me dear To whom Saint Paul replyed But I was so born And yet in another place Saint Paul professeth himself that he was a Jew by Tribe So as it is manifest that some of his Ancestors were naturalized and so it was conveyed to him and their other descendants So we read that it was one of the first despites that was done to Julius Casar That whereas he had obtained Naturalization for a City in Gaule one of the City was beaten with Rods of the Consul Marcellus So we read in Tacitus that in the Emperor Claudius time the Nation of Gaule that part which is called Comata the wilder part were Suiters to be made capable of the honour of being Senators and Officers of Rome His words are these Cum de supplendo Senatu agitaretur primoresque Galliae quae Comata appellatur faedera Civitatem Romanam pridem assecuti Jus adipiscendorum in urbe Honorum expeterent multus eâsuper re variusque Rumor studiis diversis apud Principem certabatur And in the end after long debate it was ruled they should be admitted So likewise the Authority of Nicholas Matchiavel seemeth not to be contemned who enquiring the causes of the growth of the Roman Empire doth give Judgement there was not one greater then this That the State did so easily compound and incorporate with Strangers It is true that most Estates and Kingdoms have taken the other course Of which this effect hath followed That the addition of further Empire and Territory hath been rather matter of Burthen then matter of Strength unto them yea and further it hath kept alive the seeds and roots of Revolts and Rebellions for many Ages As we may see in a fresh and notable Example of the Kingdom of Arragon which though it were united to Castile by Marriage and not by Conquest and so descended in hereditary Union by the space of more then one hundred years yet because it was continued in a divided Government and not well incorporated and cemented with the other Crowns entred into a Rebellion upon point of their Fueros or Liberties now of very late years Now to speak briefly of the several parts of that form whereby States and Kingdoms are perfectly united they are besides the Soveraignty it self four in number Union in Name Union in Language Union in Laws Union in Employments For Name though it seem but a superficial and outward matter yet it carrieth much impression and enchantment The general and common name of Grecia made the Greeks alwayes apt to unite though otherwise full of divisions amongst themselves against other Nations whom they called Barbarous The Helvetian Name is no small Band to knit together their Leagues and Confederacies the faster The common Name of Spain no doubt hath been a special means of the better Union and Conglutination of the several Kingdoms of Castile Aragon Granada Navarrc Valentia Catalonia and the rest comprehending also now lately Portugal For Language it is not needful to insist upon it because both your Majesties Kingdoms are of one Language though of several Dialects and the difference is so small between them as promiseth rather an enriching of one Language then a continuance of two For Laws which are the principal Sinews of Government they be of three natures Jura which I will term Freedoms or Abilities Leges and Mores For Abilities and Freedoms they were amongst the Romans of four kinds or rather degrees Jus Connubii Jus Civitatis and Jus Suffragii Jus Petitionis or Honoram Jus Connubii is a thing in these times out of use for Marriage is open between all diversities of Nations Jus Civitatis answereth to that we call Denization or Naturalization Jus Suffragii answereth to the Voice in Parliament Jus Petitionis answereth to place in Council or Office And the Romans did many times severe these Freedoms granting Jus Connubii sine Civitate And Civitatem sine suffragio And Suffragium sine Jure Petitionis which was commonly with them the last For those we called Leges it is a matter of curiosity and inconveniency to seek either to extirpate all particular Customs or to draw all Subjects to one place or resort of Judicature and Session It sufficeth there be an uniformity in the Principal and Fundamental Laws both Ecclesiastical and Civil For in this point the Rule holdeth which was pronounced by an ancient Father touching the diversity of Rites in the Church For finding the Vesture of the Queen in the Psalm which did prefigure the Church was of divers colours and finding again that Christs Coat was without a seam he concludeth well In Veste varietas sit scissura non sit For Manners a consent in them is to be sought industriously but not to be enforced For nothing amongst people breedeth so much pertinacy in holding their Customs as suddain and violent offer to remove them And as for Employments it is no more but in indifferent hand and execution of that Verse Tyrôs Triusque mihi nullo discrimine agetur There remaineth only to remember out of the grounds of Nature the two conditions of perfect mixture whereof the former is Time For the Natural Philosophers say well that Compositio is opus Hominis and Mistio opus Naturae For it is the duty of Man to make a fit application of Bodies together But the perfect fermentation and incorporation of them must be left to Time and Nature and unnatural hasting thereof doth disturb the work and not dispatch it So we see after the Graft is put into the Stock and bound it must be left to Time and Nature to make that continuum which at the first was but contiguum And it is not any continual pressing or thrusting together that will prevent Natures season but rather hinder it And so in Liquors those commixtures which are at the first troubled grow after clear and settled by the benefit of rest and time The second condition is That the greater draw the less So we see when two Lights do meet the greater doth darken and dim the less And when a
have been alledged to ensue if we should give way to this Naturalization which I suppose you will find not to be so great as they have been made but that much dross is put into the ballance to help to make weight Secondly an Encounter against the remain of those inconveniences which cannot properly be answered by much greater inconveniences which we shall incur if we do not proceed to this Naturalization Thirdly an Encounter likewise but of another nature That is by the gain and benefit which we shall draw and purchase to our selves by proceeding to this Naturalization And yet to avoid confusion which evermore followeth of too much Generality it is necessary for me before I proceed to perswasion to use some distribution of the Points or Parts of Naturalization which certainly can be no better nor none other than the ancient distribution of Jus Civitatis Jus Suffragii vel Tribus and Petitionis sive Honorum For all ability and capacity is either of private Interest of Meum Tuum or of publick Service And the publick consisteth chiefly either in Voice or in Office Now it is the first of these Mr. Speaker that I will only handle at this time and in this place and reserve the other two for a Committee because they receive more distinction and restriction To come therefore to the inconveniences alledged on the other part The first of them is that there may ensue of this Naturalization a surcharge of people upon this Realm of England which is supposed already to have the full charge and content and therefore there cannot be an adm●ssion of the adoptive without a diminution of the Fortunes and Conditions of those that are Native Subjects of this Realm A grave objection Mr. Speaker and very dutiful for it proceedeth not of any unkindness to the Scots Nation but of a natural fastness to our selves For that Answer of the Virgins Ne forte non sufficiat Vobis Nobis proceeded not out of any envy or malign humour but out of providence and that original charity which begins with our selves And I must confess Mr. Speaker that as the Gentleman said when Abraham and Lot in regard of the greatness of their Families grew pent and straitned it is true that Brethren though they were they grew to difference and to those words Vade tu ad dextram ego ad sinistram c. But certainly I should never have brought that example on that side for we see what followed of it how that this separation ad dextram and ad sinistram caused the miserable captivity of the one Brother and the dangerous though prosperous war of the other for his rescous and recovery But to this objection M. Speaker being so weighty and so principal I mean to give three several Answers every one of them being to mine understanding by it self sufficient The first is that this Opinion of the numbers of the Scots Nation that should be likely to plant themselves here amongst us will be found to be a thing rather in conceit then in event For Mr. Speaker you shall find these plausible similitudes of a Tree that will thrive the better if it be removed into the more fruitful Soil And of Sheep or Cattel that if they find a gap or passage open will leave the more barren Pasture and get into the more rich and plentiful To be but Arguments meerly superficial and to have no sound resemblance with the transplanting or transferring of Families For the Tree we know by nature as soon as it is set in the better ground can fasten upon it and take nutriment from it And a Sheep as soon as he gets into the better Pasture what should let him to graze and feed But there belongeth more I take it to a Family or particular person that shall remove from one Nation to another For if Mr. Speaker they have not Stock Means Acquaintance and Custom Habitation Trades Countenance and the like I hope you doubt not but they will starve in the midst of the rich Pasture and are far enough off from grazing at their pleasure And therefore in this point which is conjectural experience is the best Guide for the time past is a Pattern of the time to come I think no man doubteth Mr. Speaker but his Majesties first coming in was as the greatest Spring-tide for the confluence and entrance of that Nation Now I would fain understand in these four years space and in the fulness and strength of the Current and Tide how many Families of the Scots men are planted in the Cities Burroughs and Towns of this Kingdom For I do assure my self that more then some persons of Quality about his Majesties Person here at the Court and in London and some other inferiour persons that have a dependancy upon them The Return and Certificate if such a Survey should be made would be of a number extremely small I report me to all your private knowledges of the places where you inhabite Now Mr. Speaker as I said Si in Ligno viridi it a fit quid fiet in arido I am sure there will be no more such Spring-tides But you will tell me of a multitude of Families of the Scots Nation in Polonia And if they multiply in a Country so far off how much more here at hand For that Mr. Speaker you must impute it of necessity to some special accident of time and place that draweth them thither For you see plainly before your eyes that in Germany which is much nearer and in France where they are invited with Priviledges and with this very Priviledge of Naturalization yet no such number can be found So as it cannot be either nearness of place or priviledge of person that is the cause But shall I tell you Mr. Speaker what I think Of all the places in the world near or far off they will never take that course of life in this Kingdom which they content themselves with in Poland For we see it to be the nature of all men that they will rather discover poverty abroad then at home There is never a Gentleman that hath over-reached himself in expence and thereby must abate his Countenance but he will rather travel and do it abroad then at home And we know well they have good high Stomachs and have ever stood in some terms and emulation with us and therefore they will never live here except they can live in good fashion So as I assure you Mr. Speaker I am of opinion that the strife which we have now to admit them will have like sequel as that contention had between the Nobility and People of Rome for the admitting of a Plebeian Consul which while it was in passing was very vehement and mightily stood upon and when the people had obtained it they never made any Plebeian Consul no not in sixty years after And so will this be for many years as I am perswaded rather a matter in opinion then
in use or effect And this is the first Answer that I give to this main inconvenience pretended of surcharge of People The second Answer which I give to this Objection is this I must have leave to doubt Mr. Speaker that this Realm of England is not yet peopled to the full For certain it is that the Territories of France Italy Flanders and some parts of Germany do in equal space of ground bear and contain a far greater quantity of People if they were mustered by the Poll. Neither can I see that this Kingdom is so much inferiour unto those forraign parts in fruitfulness as it is in population which makes me conceive we have not our full charge Besides I do see manifestly among us the badges and tokens rather of scarceness then of press of people as drowned Grounds Commons Wastes and the like Which is a plain demonstration that howsoever there may bean over swelling throng and press of people here about London which is most in our eye yet the body of the Kingdom is but thin sown with People And whosoever shall compare the ruines and decayes of ancient Towns in this Realm with the erections and augmentations of new cannot but judge that this Realm hath been far better peopled in former times It may be in the Heptarchy or otherwise For generally the Rule holdeth The Smaller State the greater Population proratd And whether this be true or no we need not seek further then to call to our remembrance how many of us serve here in this place for desolate and decayed Burroughs Again Mr. Speaker whosoever looketh into the Principles of Estate must hold it that it is the Mediterrane Countries and not the Maritime which need to fear surcharge of People For all Sea-Provinces especially Islands have another Element besides the Earth and Soil for their sustentation For what an infinite number of people are and may be sustained by Fishing Carriage by Sea and Merchandizing wherein I do again discover that we are not at all pinched by multitude of people For if we were it were not possible that we should relinquish and resign such an infinite benefit of Fishing to the Flemmings as it is well known we do And therefore I see that we have wastes by Sea as well as by Land which still is an infallible Argument that our Industry is not awaked to seek maintainance by any over great press or charge of People And lastly Mr. Speaker there was never any Kingdom in the Ages of the world had I think so fair and happy means to issue and discharge the multitude of their People if it were too great as this Kingdom hath in regard of that desolate and avasted Kingdom of Ireland which being a Countrey blessed with almost all the Dowries of Nature as Rivers Havens Woods Quarries good Soil and temperate Climate and now at last under his Majesty blessed also with obedience doth as it were continually call unto us for our Colonies and Plantations And so I conclude my second Answer to this pretended inconvenience of surcharge of People The third Answer Mr. Speaker which I give is this I demand what is the worst effect which can follow of surcharge of People Look into all Stories and you shall find it none other then some honourable War for the enlargement of their Borders which find themselves pent upon foreign parts Which inconvenience in a valourous and warlike Nation I know not whether I should term an inconvenience or no For the saying is most true though in another sense Omne solum forti Patria It was spoken indeed of the patience of an exil'd man but it is no less true of the valout of a warlike Nation And certainly Mr. Speaker I hope I may speak it without offence That if we did hold our selves worthy whensoever just cause should be given either to recover our ancient Rights or to revenge our late wrongs or to attain the Honour of our Ancestors or to enlarge the Patrimony of our Posterity We would never in this manner forget considerations of Amplitude and Greatness and fall at variance about Profit and Reckonings fitter a great deal for private Persons then for Parliaments and Kingdoms And thus Mr. Speaker I leave this first Objection to such satisfaction as you have heard The second Objection is that the Fundamental Laws of both these Kingdoms of England and Scotland are yet divers and several Nay more that it is declared by the Instrument that they shall so continue and that there is no intent in his Majesty to make innovation in them And therefore that it should not be seasonable to proceed to this Naturalization I hereby to endow them with our Rights and Priviledges except they should likewise receive and submit themselves to our Laws And this Objection likewise Mr. Speaker I allow to be a weighty Objection and worthy to be well answered and discussed The Answer which I shall offer is this It is true for mine own part Mr. Speaker that I wish the Scots Nation governed by our Laws for I hold our Laws with some reducement worthy to govern if it were the world But this is that which I say and I desire therein your attention That according to the true reason of Estate Naturalization is in order first and precedent to Union of Laws in degree a less matter then Union of Laws and in nature separable not inseparable from Union of Laws For Naturalization doth but take out the marks of a Forraigner but Union of Laws makes them entirely as our selves Naturalization taketh away separation but Union of Laws doth take away distinction Do we not see Mr. Speaker that in the administration of the world under the great Monarch God himself that His Laws are divers one Law in Spirits another in Bodies One Law in Regions Coelestial another Elementary And yet the Creatures are all one Mass and Lump without any vacuum or separation Do we not see likewise in the State of the Church that amongst people of all Languages and Linages there is one Communion of Saints and that we are all fellow Citizens and naturalized of the Heavenly Hierusalem And yet nevertheless divers and several Ecclesiastical Laws Policies and Hierarchies According to the Speech of that worthy Father In veste varietas sit scissura non sit And therefore certainly Mr. Speaker the Bond of Law is the more special and private Bond and the Bond of Naturalization the more common and general For the Laws are rather Figura Reip. then Forma and rather Bonds of Perfection then Bonds of Entireness And therefore we see in the experience of our own Government that in the Kingdom of Ireland all our Statute-Laws since Poyning-Laws are not in force and yet we deny them not the benefit of Naturalization In Gersey Guernsey and the Isle of Man our Common Laws are not in force and yet they have the benefit of Naturalization Neither need any man doubt but that our Laws and Customs must
ancient Separation or Divorce The lot of Spain was to have the several Kingdoms of that Continent Portugal only except to be united in an Age not long past and now in our Age that of Portugal also which was the last that held out to be incorporate with the rest The lot of France hath been much about the same time likewise to have re-annexed unto that Crown the several Dutchies and Portions which were in former times dismembred The lot of this Island is the last reserved for your Majesties happy times by the special Providence and Favour of God who hath brought your Majesty to this happy conjunction with great consent of Hearts and in the strength of your Years and in the maturity of your Experience It resteth but that as I promised I set before your Majesties Princely consideration the grounds of Nature touching the Union and Commixture of Bodies and the correspondence which they have with the grounds of Policy in the conjunction of States and Kingdoms First therefore that Position Vis unita fortior being one of the common notions of the Mind needeth not much to be induced or illustrate We see the Sun when he entereth and while he continueth under the Sign of Leo causeth more vehement heats then when he is in Cancer what time his Beams are nevertheless more perpendicular The reason whereof in great part hath been truly ascribed to the conjunction and corradiation in that place of Heaven of the Sun with the four Stars of the first magnitude Syrius Canicula Cor Leonis and Cauda Leonis So the Moon likewise by ancient tradition while she is in the same Sign of Leo is said to be at the Heart which is not for any affinity which that place of Heaven can have with that part of mans Body but only because the Moon is then by reason of the conjunction and nearness with the Stars aforenamed in the greatest strength of influence and so worketh upon that part in inferiour Bodies which is most Vital and Principal So we see Waters and Liquors in small quantity do easily putrifie and corrupt but in large quantity subsist long by reason of the strength they receive by union So in Earthquakes the more general do little hurt by reason of the united weight which they offer to subvert but narrow and particular Earthquakes have many times overturned whole Towns and Cities So then this point touching the force of Union is evident And therefore it is more fit to speak of the manner of Union wherein again it will not be pertinent to handle one kind of Union which is Union by Victory when one Body doth meerly subdue another and converteth the same into his own nature extinguishing and expulsing what part soever of it it cannot overcome As when the Fire converteth the Wood into Fire purging away the smoak and the ashes as unapt Matter to enflame Or when the Body of a Living Creature doth convert and assimilate Food and Nourishment purging and expelling whatsoever it cannot convert For these Representations do answer in matter of Policy to Union of Countries by conquest where the conquering State doth extinguish extirpate and expulse any part of the State conquered which it findeth so contrary as it cannot alter and convert it And therefore leaving violent Unions we will consider only of natural Unions The difference is excellent which the best Observers in Nature do take between Compositio and Mistio putting together and mingling the one being but a conjunction of Bodies in place the other in quality and consent the one the Mother of Sedition and Alteration the other of Peace and Continuance the one rather a Confusion then an Union the other properly an Union Therefore we see those Bodies which they call imperfectè mista last not but are speedily dissolved For take for example Snow or Froath which are compositions of Air and Water and in them you may behold how easily they severe and dissolve the Water closing together and excluding the Air. So those three Bodies which the Alchymists do so much celebrate as the three Principles of things that is to say Earth Water and Oyl which it pleaseth them to term Salt Mercury and Sulphur we see if they be united only by composition or putting together how weakly and rudely they do incorporate For Water and Earth maketh but an unperfect slime and if they be forced together by agitation yet by a little settling the Earth resideth in the bottom So Water and Oyl though by agitation it be brought into an Oyntment yet after a little settling the Oyl will float on the top So as such imperfect mistures continue no longer then they are forced and still in the end the worthiest getteth above But otherwise it is of perfect mistures For we see these three Bodies of Earth Water and Oyl when they are joined in a Vegetable or Mineral they are so united as without great subtilty of Art and force of Extraction they cannot be separated and reduced into the same simple Bodies again So as the difference between Compositio and Mistio clearly set down is this That Compositio is the joining or putting together of Bodies without a new Form and Mistio is the joining or putting together of Bodies under a new Form For the new form is commune Vinculum and without that the old Form will be at strife and discord Now to reflect this Light of Nature upon matter of Estate There hath been put in practice these two several kinds of Policy in uniting and conjoining of States and Kingdoms The one to retain the ancient Form still severed and only conjoined in Soveraignty The other to superinduce a new Form agreeable and convenient to the entire State The former of these hath been more usual and is more easie but the latter is more happy For if a man do attentively revolve Histories of all Nations and judge truly thereupon he will make this conclusion That there was never any States that were good commixtures but the Romans Which because it was the best State of the World and is the best Example of this Point we will chiefly insist thereupon In the Antiquities of Rome Virgil bringeth in Jupiter by way of Oracle or Prediction speaking of the mixture of the Trojans and the Italians Sermonem Ausonii Patrum moresque tenebant Utque est nomen erit Commixti Corpore tantum Subsident Teucri Morem Ritusque Sacrorum Adjiciam faciamque omnes uno ore Latinos Hinc genus Ausonio mistum quod sanguine surget Supra Homines supra ira Deos pietate videbis Wherein Jupiter maketh a kind of partition or distribution That Italy should give the Language and the Laws Troy should give a mixture of Men and some Religious Rites and both people should meet in one name of Latines Soon after the foundation of the City of Rome the people of the Romans and the Sabines mingled upon equal terms Wherein the interchange went so even that as Livy
smaller River runneth into a greater it loseth both his Name and Stream And hereof to conclude wee see an excellent example in the Kingdoms of Judah and Israel The Kingdom of Judah contained two Tribes the Kingdom of Israel contained ten King David raigned over Judah for certain years And after the death of Isbosheth the Son of Saul obtained likewise the Kingdom of Israel This Union continued in him and likewise in his Son Salomon by the space of seventy years at least between them both But yet because the Seat of the Kingdom was kept still in Judah and so the lesse sought to draw the greater upon the first occasion offered the Kingdoms brake again and so continued ever after Thus having in all humbleness made oblation to your Majesty of these simple Fruits of my Devotion and Studies I do wish and do wish it not in the nature of an impossibility to my apprehension That this happy Union of your Majesties two Kingdoms of England and Scotland may be in as good an hour and under the like Divine Providence as that was between the Romans and the Sabines CERTAIN ARTICLES OR CONSIDERATIONS Touching the Union of the Kingdoms of England and Scotland Collected and dispersed for His MAJESTIES better Service YOur Majesty being I do not doubt directed and conducted by a better Oracle then that which was given for light to Aeneas in his peregrination Antiquam exquirite Matrem hath a Royal and indeed an Heroical desire to reduce these two Kingdoms of England and Scotland into the Unity of their ancient Mother Kingdom of Britain Wherein as I would gladly applaud unto your Majesty or sing aloud that Hymn or Anthem Sic itur ad Astra So in a more soft and submiss voice I must necessarily remember unto your Majesty that Warning or Caveat Ardua quae pulchra It is an action that requireth yea and needeth much not only of your Majesties Wisdom but of your Felicity In this Argument I presumed at your Majesties first entrance to write a few Lines indeed Scholastically and Speculatively and not Actively or Politickly as I held it fit for me at that time when neither your Majesty was in that your desire declared nor my self in that Service used or trusted But now that both your Majesty hath opened your desire and purpose with much admiration even of those who give it not so full an approbation and that my self was by the Commons graced with the first Vote of all the Commons selected for that Cause Not in any estimation of my ability for therein so wise an Assembly could not be so much deceived but in an acknowledgement of my extream labours and integrity in that business I thought my self every wayes bound both in duty to your Majesty and in trust to that House of Parliament and in consent to the matter it self and in conformity to my own travails and beginnings not to neglect any pains that may tend to the furtherance of so excellent a work Wherein I will indeavour that that which I shall set down be Nihil minus quam verba For length and ornament of Speech are to be used for perswasion of Multitudes and not for information of Kings especially such a King as is the only instance that ever I knew to make a man of Plato's opinion That all knowledge is but remembrance and that the mind of Man knoweth all things and demandeth only to have her own Notions excited and awaked Which your Majesties rare and indeed singular gift and faculty of swift apprehension and infinite expansion or multiplication of another mans knowledge by your own as I have often observed so I did extremely admire in Goodwins Cause being a matter full of Secrets and Mysteries of our Laws meerly new unto you and quite out of the path of your Education Reading and Conference Wherein nevertheless upon a spark of light given your Majesty took in so dexterously and profoundly as if you had been indeed Anima Legis not only in execution but in understanding The remembrance whereof as it will never be out of my mind So it will alwayes be a warning to me to seek rather to excite your Judgement briefly then to inform it tediously and if in a matter of that nature how much more in this wherein your Princely cogitations have wrought themselves and been conversant and wherein the principal Light proceeded from your Self And therefore my purpose is only to break this matter of the Union into certain short Articles and Questions and to make a certain kind of Anatomy or Analysis of the Parts and Members thereof not that I am of opinion that all the Questions which I now shall open were fit to be in the Consultation of the Commissioners propounded For I hold nothing so great an enemy to good resolution as the making of too many questions specially in Assemblies which consist of many For Princes for avoiding of distraction must take many things by way of admittance and if questions must be made of them rather to suffer them to arise from others then to grace them and authorize them as propounded from themselves But unto your Majesties private consideration to whom it may better sort with me rather to speak as a Remembrancer then as a Counceller I have thought good to lay before you all the Branches Lineaments and Degrees of this Union that upon the view and consideration of them and their circumstances your Majesty may the more clearly discern and more readily call to mind which of them is to be imbraced and which to be rejected And of these which are to be accepted which of them is presently to be proceeded in and which to be put over to further time And again which of them shall require Authority of Parliament and which are fitter to be effected by your Majesties Royal Power and Prerogative or by other Policies or Means And lastly which of them is liker to pass with difficulty and contradiction and which with more facility and smoothness First therefore to begin with that Question that I suppose will be out of question Whether it be not meet that the Statutes which were made touching Scotland or the Scots Nation while the Kingdoms stood severed be repealed It is true there is a diversity in these For some of these Laws consider Scotland as an Enemy Countrey Other Laws consider it as a Forraign Countrey only As for example the Law of Rich. 2. Anno 70. which prohibiteth all Armour or Victual to be carried to Scotland And the Law of 70. of K. H. the 7. that Enacteth all the Scots Men to depart the Realm within a time prefixed Both these Laws and some others respect Scotland as a Countrey of hostility But the Law of 22. of Ed. 4. that endueth Barwick with the Liberty of a Staple where all Scots Merchandizes should resort that should be uttered for England And likewise all English Merchandizes that should be uttered for Scotland This Law beholdeth Scotland
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
remote from Paris then any part of Scotland is from London 7. Receipts Finances and Patrimonies of the Crown For Receipts and Finances I see no Question will arise in regard it will be matter of necessity to establish in Scotland a Receipt of Treasure for Payments and Erogations to be made in those parts And for the Treasure of Spare in either Receipts the custodies thereof may well be several considering by your Majesties Commandment they may be at all times removed or disposed according to your Majesties occasions For the Patrimonies of both Crowns I see no Question will arise except your Majesty would be pleased to make one compounded Annexation for an inseparable Patrimony to the Crown out of the Lands of both Nations And so the like for the Principality of Britain and for other Appen●ages of the rest of your Children Erecting likewise such Dutchies and Honours compounded of the Possessions of both Nations as shall be thought fit 8. Admiralty Navy and Merchandizing For Admiralty or Navy I see no great question will arise For I see no inconvenience your Majesty to continue Shipping in Scotland And for the Jurisdictions of the Admiralties and the Profits and Casualties of them they will be respective unto the Coasts over against which the Seas lye and are situated As it is here with the Admiralties of England And for Merchandizing it may be a question whether that the Companies of the Merchant-Adventurers of the Turky Merchants and the Muscovy Merchants if they shall be continued should not be compounded of Merchants of both Nations English and Scots For to leave Trade free in the one Nation and to have it restrained in the other may per-case breed some inconvenience 9. Freedoms and Liberties For Freedoms and Liberties the Charter of both Nations may be reviewed And of such Liberties as are agreeable and convenient for the Subjects and People of both Nations one Great Charter may be made and confirmed to the Subjects of Britain And those Liberties which are peculiar or proper to either Nation to stand in State as they do 10. Taxes and Imposts But for Imposts and Customs it will be a great Question how to accommodate them and reconcile them For if they be much easier in Scotland then they be here in England which is a thing I know not then this inconvenience will follow That the Merchants of England may unlade in the Ports of Scotland and this Kingdom to be served from thence and your Majesties Customs abated And for the Question whether the Scots Merchants should pay Strangers Custom in England That resteth upon the point of Naturalization which I touched before Thus have I made your Majesty a brief and naked Memorial of the Articles and Points of this great Cause which may serve only to excite and stir up your Majesties Royal Judgement and the Judgements of wiser men whom you will be pleased to call to it Wherein I will not presume to perswade or disswade any thing nor to interpose mine own opinion but expect light from your Majesties Royal Directions unto the which I shall ever submit my Judgement and apply my Travails And I most humbly pray your Majesty in this which is done to pardon my errors and to cover them with my good intention and meaning and desire I have to do your Majesty service and to acquit the Trust that was reposed in me And chiefly in your Majesties benign and gracious Acceptation FINIS Statutes concerning Scotland and the Scots Nation Laws Customs Commissions Officers of the Borders or Marches Further Union besides the removing of inconvenient and dissenting Laws and Usages Points wherein the Nations stand already united Soveraignty Line-Royal Subjection Obedience Alien Naturalization Religion Church Government Continent Borders Language Dialect Leagues Confederacies Treaties External Points of the Separation and Union The Ceremonial or Material Crown The Stiles and Names The Seals The Standards and Stamps Moneys Internal Points of Union
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