Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	lord_n	majesty_n	viscount_n	1,962	5	11.8277	5	false

Text snippets containing the quad

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

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

proceed therefore to the prooses of our part your Lordships cannot but know many of them must be already spent in the answer which we have made to the objections For corruptio unius generatio alterius holdes aswell in Arguments as in Nature the destruction of an objection begets a proofe But neverthelefse I will avoid all iteration least I should seem either to distract your memories or to abuse your patience But will hold my selfe onely to these proofs which stand substantially of themselves and are not intermixed with matter of confutation I will therefore prove unto your Lordships that the post-natus of Scotland is by the Law of England nat●rall and ought fo to be adjudged by three courses of proofe 1. Bi●●t upon point of favour of Law 2. Secondly upon reasons and authorities of Law 3. And lastly upon former presidents examples Favour of Law what meane J by that the Law is equall and favoureth not It is true not persons but things or matters it doth favour Is it not a common principle that the Law favoureth three things Life Liberty Dower And what is the reason of this favour This because our Law is grounded upon the Law of Nature And these three things doe flow from the Law of Nature preservation of life Naturall Liberty which every Beast or Bird seeketh and affecteth naturally the society of man and wife whereof Dower is the reward naturall It is well doth the Law favour Liberty so highly as a man shall infranchise his bondman when hee thinketh not of it by granting to him Lands or Goods And is the reason of it quia natura omnes homines erant liberi and that servitude or villenage doth crosse and abridge the Law of Nature And doth not the selfe-same reason hold in the present case For my Lords by the Law of Nature all men in the world are naturalized one towards another they were all made of one lumpe of earth of one breath of God they had the same common Parents Nay at the first they were as the Scripture sheweth unius Labii of one Language untill the curse which curse thankes be to God our present case is exempted from It was Ciuill and Nationall Lawes that brought in these words and differences of Civis and Exterus Alien Native And therefore because they tend to abridge the Law of Nature the Law favoureth not them but takes them strictly even as our Law hath an excellent rule that customes of Townes Burroughes shall be taken and construed strictly precisely because they doe abridge and derogate from the law of the land So by the same reason all Nationall Lawes whatsoever are to be taken strictly and hardly in any point wherein they abridge and derogate from the law of Nature Whereupon I conclude that your Lordships cannot judge the law for the other side except the case be Luce clarius And if it appeare to you but doubtfull as I thinke no man in his right senses but will yeeld it to be at least doubtfull Then ought your Lordships under your correction be it spoken to pronounce for us because of the favour of the Law Furthermore as the law of England must favour Naturalization as a branch of the law of Nature so it appeares manifestly that it doth favour it accordingly For is it not much to make a Subject Naturalized By the law of England it should suffice either place or Parents if he be born in England it is matter no though his Parents be Spanyards or what you will On th' other side if he be borne of English Parents it skilleth not though he be borne in Spaine or in any other place of the World In such sort doth the Law of England open her lappe to receive in people to be Naturalized which indeed sheweth the wisedome and excellent composition of our law And that it is the law of a Warlike and Magnanimous Nation sit for Empire For looke and you shall find that such kind of estates have been ever liberall in point of Naturalization whereas Marchant-like and envious estates have bin otherwise For the reasons of law joyned with authorities I doe first observe to your Lordships that our assertion or affirmation is simple and plaine that it sufficeth to naturalization that there be one King and that the party be natus ad sidem Regis agreeable to the definition of Littleton which is Alien is he which is born out of the allegeance of our Lord the King They of th' other side speak of respects and quoad and quatenus and such subtilties and distinctions To maintaine therefore our assertion J will use three kindes of proofes The first is that allegeance cannot be applyed to the Law or Kingdome but to the person of the King because the Allegeance of the Subject is more large and spatious and hath a greater latitude and comprehension then the Law or the Kingdome And therefore it cannot be a dependency of that without the which it may of it selfe subsist The second proofe which I will use is that the Naturall body of the King hath an operation and influence into his body politique aswell as his body politique hath upon his body Naturall And therefore that although his body politique of King of England and his body politique of King of Scotland be soverall and distinct Yet neverthelesse his Naturall person which is one hath an operation upon both and createth aprivity betweene them And the third proofe is the binding text of five severall statutes For the first of these I shall make it manifest that the allegeance is of a greater extent and dimension then Lawes or Kingdome and cannot confist by the lawes meerely because it began before laws it continueth after Lawes and it is in vigour where Lawes are suspended and have not their force That it is more antient then law appeareth by that which was spoken in the beginning by way of inducement where I did endeavour to demonstrate that the originall age of Kingdomes was governed by naturall equity that Kings were more antient then Law-givers that the first submissions were simple and upon confidence to the person of Kings and that the Allegeance of Subjects to hereditary Monarchies can no more be said to consist by lawes then the obedience of Children to Parents That Allegeance continueth after lawes I will onely put the case which was remembred by two great Judges in a great Assembly the one of them now with God which was that if a King of England should be expalsed his Kingdome and some particular subjects should follow him in flight or exile in forreigne parts and any of them there should conspire his death that upon his rocoveryof his Kingdome such a subject might by the Law of England be proceeded with for Treason committed and perpetrated at what time he had no Kingdome and in place wher ethe Law did not bind That Allegeance is in vigour and force where the power of Law hath a