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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

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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