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 [Page] 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 [Page] 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 [Page] 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, [Page] 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 [Page] 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 [Page 2] 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.

[Page 3] First, an Answer unto those inconveniences which 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 [Page 4] 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 [Page 5] 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 [Page 6] 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 [Page 7] 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, [Page 8] 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 [Page 9] 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 [Page 10] 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 in small time gather and win upon theirs. For, here's the Seat of the King­dom, whence come the supreme Directions of Estate; Here is the Kings Person and Example, of which the Verse saith, ‘Regis ad exemplum tot us componitur Orbis.’

And therefore, it is not possible, although not by solemn and formal Act of Estates, yet by the secret operation of no long time, but they will come under the yoke of our Laws; and so, Dulcis tractus pari jugo. And this is the Answer I give to this second Objection.

The third Objection is, some inequality in the Fortunes of these two Nations, England and Scotland; By the com­mixture whereof, there may ensue advantage to them, and loss to us: Wherein (Mr. Speaker) it is well, that this difference or disparity consisteth but in external Goods of Fortune. For indeed, it must needs be confessed, that for the Goods of the Mind and Body, they are Alteri Nos, Other our selves. For, to do them but right, we know in their capacity and understanding, they are a People ingeni­ous; in Labour industrious; in Courage valiant; in Body hard, active and comely. More might be said, but in com­mending them, we do but in effect commend our selves: for they are of one piece and continent with us; and the truth is, we are participant both of their Virtues and Vices. For, if they have been noted to be a Pople not so tractable in Government, we cannot without flattering our selves, free our selves altogether from that fault, being a thing indeed incident to all Martial People. As we see it evident by the [Page 11] example of the Romans and others: Even like unto fierce Horses, that though they be of better service then others, yet are they harder to guide and to mannage.

But for this Objection (Mr. Speaker) I purpose to an­swer it, not by Authority of Scripture, which saith, Beatius est dare quam accipere; but by an Authority, framed and derived from the judgement of our selves and our Ancestors, in the same case as to this point. For (Mr. Speaker) in all the Line of our Kings, none useth to carry greater com­mendation then his Majesties Noble Progenitour, King Edward, the first of that Name: And amongst his other commendations both of War and Policy, none is more cele­brated then his purpose and enterprise for the Conquest of Scotland; as not bending his designs to glorious Acquests abroad, but to solid strength at home: which nevertheless, if it had succeeded well, could not but have brought in all those inconveniences, of the commixture of a more opulent Kingdom, with a less, that are now alledged. For it is not the yoke either of our Armes or of our Laws, that can al­ter the nature of the Climate, or the nature of the Soil: Neither is it the manner of the commixture, that can alter the matter of the commixture. And therefore (Mr. Speak­er) if it were good for us then, it is good for us now; and not to be prised the less because we paid not so dear for it. But a more full Answer to this Objection, I refer over to that which will come after to be spoken, touching Surety and Greatness.

The fourth Objection (Mr. Speaker) is not properly an Objection, but rather a pre-occupation of an Objection of the other side: For it may be said, and very materially, whereabout do we contend? The benefit of Naturaliza­tion is by the Law, in as many as have been, or shall be born since his Majesties coming to the Crown, already settled and invested. There is no more then, but to bring the [Page 12] Ante-nati into the degree of the Post-nati; that men grown that have well-deserved, may be in no worse case then chil­dren which have not deserved; and elder brothers in no worse case then younger brothers. So as we stand upon Quiddam, not Quantum; being but a little difference of time, of one Generation from another.

To this (Mr. Speaker) it is said by some, that the Law is not so, but that the Post-nati are Aliens as well as the rest. A point that I mean not much to argue; both because it hath been well spoken to, by the Gentleman that spoke last before me; and because I do desire in this case and in this place, to speak rather of Convenience than of Law. On­ly this will I say, That that opinion seems to me contrary to reason of Law, contrary to form of pleading in Law, and contrary to Authority and Experience of Law. For rea­son of Law, when I meditate of it, Methinks the wisdom of the Common Laws of England, well observed, is ad­mirable, in the distribution of the benefit and protection of the Laws, according to the several conditions of per­sons, in an excellent proportion. The degrees are four, but bipartite; Two of Aliens, and two of Subjects. The first degree is of an Alien, born under a King or State that is an enemy. If such an one come into this Kingdom with­out safe conduct, it is at his peril: The Law giveth him no protection, neither for Body, Lands nor Goods; So as if he be slain, there is no remedy by any Appeal at the parties sute, although his Wife were an English woman: Marry at the Kings sute the case may be otherwise, in regard of the offence to the Peace. The second degree, is of an Alien that is born under the Faith and Allegiance of a King or State that is a friend. Unto such a person, the Law doth impart a greater benefit and protection; that is, concerning things personal, transitory and moveable; as Goods and Chattels, Contracts and the like: But not concerning Free­hold [Page 13] and Inheritance: And the reason is, because he may be an enemy, though he be not. For the State, under the obeysance of which he is, may enter into quarrel and hosti­lity; and therefore, as the Law hath but a transitory assu­rance of him, so it rewards him but with transitory benefits. The third degree is of a Subject, who having been an Alien, is by Charter made Denizen. To such an one, the Law doth impart yet a more ample benefit: For, it gives him power to purchase Free-hold and Inheritance to his own use, and likewise enables the Children, born after his Denization, to inherit: But yet, nevertheless, he cannot make Title, or convey Pedegree from any Ancestour Para­mount. For the Law thinks not good to make him in the same degree with a Subject born; because he was once an Alien, and so mought once have been an enemy. And Nemo subitò fingitur: Mens affections cannot be so settled by any benefit, as when from their Nativity they are inbred and inherent. And the fourth degree, which is the perfect degree, is of such a person that neither is enemy, nor can be enemy in time to come, nor could have been enemy at any time past; And therefore, the Law gives unto him the full benefit of Naturalization. Now (Mr. Speaker) if these be the true steps and paces of the Law, no man can deny, but whosoever is born under the Kings Obedience, never could, in aliquo puncto temporis, be an enemy; (a Rebel he mought be, but no Enemy) And therefore, in reason of Law, is naturalized: Nay, contrary-wise, he is bound, Jure Nativitatis, to defend this Kingdom of England against all Invaders or Rebels: And therefore, as he is oblieged to the protection of Arms, and that perpetually and universally; So he is to have the perpetual and universal benefit and protection of Law, which is Naturalization.

For form of Pleading, it is true, that hath been said, That if a man would plead another to be an Alien, he must not [Page 14] 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, [Page 15] 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 [Page 16] 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.

[Page 17] 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 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. [Page 18] 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 [Page 19] 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 [Page 20] 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, [Page 21] Alanes, Huns, Lombards, Normans, and the rest of the Northern people, in one Age of the world made their de­scent or expedition upon the Roman Empire; And came not as Rovers, to carry away prey and be gone again, but planted themselves in a number of fruitful and rich Pro­vinces; where not only their Generations, but their Names, remain till this day: witness Lombardy, Catalonia, a name compounded of Goth and Alane; Andaluzia, a name cor­rupted from Vandelicia; Hungary, Normandy and others. Nay, the fortune of the Swizzes of late years, (which ate bred in a barren and mountainous Countrey) is not to be forgotten, who first ruined the Duke of Burgandy, the same who had almost ruined the Kingdom of France; what time, after the Battail of Granson, the Rich Jewel of Bur­gandy, prized at many thousands, was sold for a few pence by a common Souldier, that knew no more what a Jewel meant, then did Aesops Cock. And again, the same Na­tion, in revenge of a scorn, was the ruine of the French Kings Affairs in Italy, Lewis the 12th. For, that King, when he was pressed somewhat rudely by an Agent of the Swizzes to raise their Pensions, brake into words of chol­ler, What (said he) will these Villains of the Mountains put a Tax upon me? which words lost him his Dutchy of Mil­lain, and chased him out of Italy. All which examples (Mr. Speaker) do well prove Solons opinion, of the Au­thority and Mastery that Iron hath over Gold. And there­fore, if I shall speak unto you mine own heart, Methinks we should a little disdain, that the Nation of Spain (which, howsoever of late it hath grown to Rule, yet of ancient time served many Ages, first, under Carthage, then under Rome, after under Saracens, Goths and others) should of late years, take unto themselves that Spirit, as to dream of a Monarchy in the West, according to that devise, Video Solem Orientem in Occidente; only because they have ra­vished [Page 22] from some wild and unarmed People, Mines and store of Gold: And on the other side, that this Island of Brittany, seated and manned as it is, and that hath (I make no question) the best Iron in the world, (that is, the best Souldiers of the world) should think of nothing but reckon­ings and audits, and Meum and Tuum, and I cannot tell what.

Mr. Speaker, I have (I take it) gone through the Parts which I propounded to my self; Wherein, if any man shall think that I have sung Placebo, for mine own particular, I would have him know, that I am not so unseen in the world, but that I discern it were much alike, for my pri­vate Fortune, to rest a Tacebo, as to sing a Placebo, in this Business. But I have spoken out of the Fountain of my Heart, Credidi, propter quod locutus sum; I believed there­fore I spake. So as my Duty is performed, the Judgement is yours. God direct it for the best.

A Speech used by Sir Francis Bacon in the Lower House of Parliament, by occasion of a motion concerning the Union of Laws.

ANd it please you (Mr. Speaker) were it now a time to wish, as it is to advise, no man should be more for­ward or more earnest then my self in this wish, That his Majesties Subjects of England and Scotland were govern­ed by one Law; And that for many Reasons:

First, because it will be an infallible assurance, that there will never be any relapse in succeeding Ages to a separation.

Secondly, Dulcis tractus pari jugo; If the Draught lye most upon us, and the yoke lightest upon them, it is not equal.

Thirdly, the Qualities, and (as I may term it) the Ele­ments of their Laws and ours are such, as do promise an ex­cellent temperature in the compounded Body: For if the Prerogative here be too indefinite, it may be the Liberty there is too unbounded: If our Laws and proceedings be too prolix and formal; it may be theirs are too informal and summary.

Fourthly, I do discern, to my understanding, there will be no great difficulty in this work. For their Laws, by that I can learn, compared with ours, are like their Language com­pared with ours: For, as their Language hath the same roots that ours hath, but hath a little more mixture of Latine and French; So their Laws and Customs have the like grounds that our have, with a little more mixture of the Civil Law, and French Customs.

[Page 24] Lastly, the mean to this work seemeth to me no less ex­cellent then the work it self; For if both Laws shall be united, it is of necessity, for preparation and inducement thereunto, that our own Laws be reviewed and compiled; Then the which, I think, there cannot be a work that his Majesty can undertake, in these times of Peace, more Poli­tick, more Honourable, nor more Beneficial to his Subjects for all Ages;

Pace datâ Terris, Animum ad Civilia vertit
Fura suum, Legesque tulit justissimus Auctor.

For this continual heaping up of Laws, without digesting them, maketh but a Chaos and confusion, and turneth the Laws many times, to become but snares for the People, as is said in the Scripture, Pluet super eos Laqueos. Now, Non sunt pejores Laquei, quam Laquei Legum: And therefore, this work, I esteem to be indeed a work (rightly to term it) Heroical. So that for this good wish of Union of Laws, I do consent to the full; And I think, you may perceive by that which I have said, that I come not in this to the opinion of others, but that I was long ago settled in it my self. Ne­vertheless, as this is moved out of zeal, so I take it to be moved out of time, as commonly zealous motions are; while men are so fast carried on to the End, as they give no attention to the Mean. For, if it be time to talk of this now, it is either because the business now in hand cannot pro­ceed without it; or because in time and order, this matter should be precedent; or because we shall leese some advan­tage, towards this effect so much desired, if we should go on in the course we are about. But none of these three, in my judgement, are true; And therefore, the motion, as I said, unseasonable.

For first, that there may not be a Naturalization, without an Union in Laws, cannot be maintained. Look into the example of the Church, and the Union thereof, you shall see [Page 25] several Churches that joyn in one Faith, one Baptism, (which are the points of spiritual Naturalization) do many times in Policy, Constitutions and Customs, differ. And therefore, one of the Fathers made an excellent observation, upon the two Mysteries; the one, that in the Gospel, where the Gar­ment of Christ is said to have been without seam; the other, that in the Psalm, where the Garment of the Queen is said to have been of divers colours; And concludeth, In veste variet as sit, scissura non sit. So in this case, (Mr. Speaker) we are now in hand to make this Monarchy of one piece, and not of one colour. Look again into the exam­ples of forraign Countries, and take that next us of France; and there you shall find, that they have this distribution, Pais du droit Escript, and Pais du droit Constumier. For Gascoign, Languedock, Provence, Daulphenie, are Countries governed by the Letter or Text of the Civil Law; But the Isle of France, Tourrain, Berry, Anjou and the rest, and most of all Britain and Normandy, are governed by Customs, which amount unto a Municipal Law, and use the Civil Law but only for Grounds, and to decide new and rare cases; and yet, nevertheless, Naturalization passeth through all.

Secondly, that this Union of Laws should precede the Naturalization, or that it should go on, pari passu, hand in hand, I suppose likewise can hardly be maintained; but the contrary, that Naturalization ought to precede. Of which my opinion, as I could yield many reasons, so because all this is but a digression, and therefore ought to be short, I will hold my self now only to one, which is briefly and plainly this; That the Union of Laws will ask a great time to be perfected, both for the compiling, and for the passing; dure­ing all which time, if this mark of Strangers should be de­nyed to be taken away, I fear it may induce such a habit of Strangeness, as will rather be an impediment than a prepa­ration to further proceeding. For he was a wise man that [Page 26] said, Opportuni magnis conatibus transitus Rerum. And in those cases, Non progredi est regredi. And like, as in a pair of Tables, you must put out the former writing, before you can put in new; and again, that which you write in, you write Letter by Letter; but that which you put out, you put out at once: So we have now to deal with the Tables of mens Hearts, wherein it is in vain to think you can enter the will­ing acceptance of our Laws and Customs; except you first put forth all Notes either of Hostility or forraign Conditi­on. And these are to be put out simul & semel, at once, with­out gradations; whereas the other points are to be imprinted and engraven distinctly and by degrees.

Thirdly, whereas it is conceived by some, that the com­munication of our Benefits and Priviledges is a good hold that we have over them, to draw them to submit themselves to our Laws. It is an Argument of some probability, but yet to be answered many wayes: For first, the intent is mi­staken, which is not, as I conceive it, to draw them wholly to a subjection to our Laws; but to draw both Nations to one uniformity of Law. Again, to think that there should be a kind of articulate and indented Contract, that they should receive our Laws to obtain our Priviledges, it is a mat­ter, in reason of Estate, not to be expected; being that which scarcely a private man will acknowledge, if it come to that, whereof Seneca speaketh, Beneficium accipere, est Liberta­tem vendere: No, but courses of Estate do describe and de­lineat another way; which is, to win them either by Bene­fit or Custom. For, we see in all Creatures, that men do feed them first, and reclaim them after: And so in the first institution of Kingdoms, Kings did first win people by many Benfits and Protections, before they prest any yoke. And for Custom, which the Poets call, imponere Morem; who doubts, but that the Seat of the Kingdom, and the example of the King resting here with us, our manners will quickly be there, to mak all things ready for our Laws:

[Page 27] And lastly, the Naturalization which is now propounded, is qualified with such restrictions, as there will be enough kept back, to be used at all times, for an Adamant of draw­ing them further on to our desires. And therefore, to con­clude, I hold this motion, of Union of Laws, very worthy, and arising from very good minds, but not proper for this time.

To come therefore to that which is now in question; It is no more, but whether there should be a difference made in this priviledge of Naturalization, between the Ante-nati and the Post-nati; not in point of Law (for that will other­wise be decided) but only in point of Convenience [as if a Law were now to be made, de novo] In which question, I will at this time, only answer two Objections, and use two Arguments, and so leave it to your judgement.

The first Objection hath been, that if a difference should be, it ought to be in favour of the Ante-nati; because they are persons of merit, service and proof; whereas the Post­nati are infants, that (as the Scripture saith) know not the right hand from the left.

This were good reason (Mr. Speaker) if the question were, of Naturalizing some particular persons by a private Bill; but it hath no proportion with the general. For now, we are not to look to respects that are proper to some, but to those which are common to all. Now then, how can it be imagined, but that those that took their first breath, since this happy Union, inherent in his Majesties person, must be more assured and affectionat to this Kingdom, then those generally can be presumed to be, which were some­times Strangers. For, Nemo subitò fingitur; the conver­sions of Minds are not so swift as the conversions of times. Nay, in effects of Grace, which exceed far the effects of Na­ture, we see St. Paul makes a difference between those he calls Neophites, that is, newly grafted into Christianity; [Page 28] and those that are brought up in the Faith. And so we see, by the Laws of the Church, that the Children of Christians shall be baptized, in regard of the Faith of their Parents; But the Child of an Ethnick may not receive Baptism, till he be able to make an understanding Profession of his Faith.

Another Ojection hath been made, that we ought to be more provident and reserved, to restrain the Post-nati then the Ante-nati; because, during his Majesties time, being a Prince of so approved Wisdom and Judgement, we need no better caution, then the confidence we may repose in him: But in the future Reigns of succeeding ages, our caution must be in Re, and not in Persona.

But, (Mr. Speaker) to this I answer, That as we cannot expect a Prince hereafter, less like to erre in respect of his Judgement; So again, we cannot expect a Prince so like to exceed (if I may so term it) in this point of Benificence to that Nation, in respect of the occasion. For, whereas all Princes and all men are won, either by merit or conversa­tion, there is no appearance that any of his Majesties De­scendents, can have either of these causes of Bounty towards that Nation, in so ample degree as his Majesty hath. And these be the two Objections which seemed to me most ma­terial, why the Post-nati should be left free, and not be con­cluded in the same restrictions with the Ante-nati, whereunto you have heard the Answers.

The two Reasons which I will use on the other side, are briefly these; The one being a Reason of Common Sense, the other a Reason of Estate. We see (Mr. Speaker) the time of the Nativity is, in 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 [Page 29] 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.


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 [Page 31] 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 [Page 32] 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.

[Page 33] 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 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 [Page 34] 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. [Page 35] 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 [Page 36] 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 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.

[Page 38] 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, [Page 39] 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 [Page 40] 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, [Page 41] 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 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 [Page 43] 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, [Page 44] 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 [Page 45] 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.

Statutes concern­ing Scotland, and the Scots Nation.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.

Laws, Customs, Commis­sions, Officers of the Bor­ders or Marches.The second Question is, what Laws, Customs, Commissions, Officers, Gar­risons and the like, are to be put [Page 46] 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.

Further Union, besides the re­moving of inconvenient and dissenting Laws and Usages.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 [Page 47] 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.

Points wherein the Nations stand already united.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 [Page 48] 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.

Soveraignty: Line-Royal.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.

Subjection. Obedience.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 AllegianceAlien. Naturalization. then our Soveraign Lord the Kings; For there be but two sorts of Aliens, whereof we find mention in our [Page 49] 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.

Religion, Church. Go­vernment.For matter of Religion, the Union is perfect in points of Doctrine; but in matter of Discipline and Government, it is imperfect.

Continent, Borders.For the Continent; It is true, there are no natu­ral Boundaries of Mountains or Seas, or Navigable Rivers; But yet there are Badges and Memorials of Borders: Of which point, I have spoken before.

Language, Dialect.For the Language; It is true, the Nations are unius Labii, and have not the first curse of dis­union, which was Confusion of Tongues, whereby one understood not another: But yet the Dialect is differ­ing, and it remaineth a kind of mark of distinction. But for that, Tempori permittendum, it is to be left to time: For, considering that both Languages do concur in the principal [Page 50] Office and Duty of Language, which is to make a mans self understood; For the rest, it is rather to be accounted (as was said) a diversity of Dialect then of Language; and as I said in my first Writing, it is like to bring forth the en­riching of one Language, by compounding and taking in the proper and significant Words of either Tongue, rather then a continuance of two Languages.

Leagues, Con­federacies, Treaties.For Leagues and Confederacies; It is true, that neither Nation is now in hostility with any State, wherewith the other Nation is in amity: but yet so, as the Leagues and Treaties have been concluded with either Nation respectively, and not with both jointly; which may contain some diversity of Articles of straitness with one, more then with the other.

But many of these matters may perhaps be of that kind, as may fall within that Rule, In veste variet as sit, scissura non sit.

Now to descend to the particular points, wherein the Realms stand severed and divided, over and besides the for­mer six points of separation, which I have noted and placed as the defects or abatements of the six points of the Union, and therefore shall not need to be repeated. The points, I say, yet remaining, I will divide into External and into Internal.

External Points of the Separation and Union.The External Points therefore of the separa­tion, are four.

1. The several Crowns; I mean, the ceremo­nial and material Crowns.

2. The second is, the several Names, Stiles or Appel­lations.

3. The third is, the several Prints of the Seals.

4. The fourth is, the several Stamps or Marks of the Coins of Monies.

[Page 51] It is true, that the External are, in some respect and parts, much mingled and interlaced with considerations In­ternal; and that they may be as effectual to the true Union, which must be the work of time, as the Internal, because they are operative upon the conceits and opinions of the People: The uniting of whose hearts and affections, is the life and true end of this Work.

The Ceremo­nial or Mate­rial Crown.For the Ceremonial Crowns, the question will be, whether there shall be framed one new Impe­rial Crown of Britain, to be used for the time to come?

Also, admitting that to be thought convenient, whether in the Frame thereof, there shall not be some reference to the Crowns of Ireland and France?

Also, whether your Majesty should repeat or iterate your own Coronation and your Queens; or only ordain, that such new Crown shall be used by your Posterity hereafter?

The difficulties will be, in the conceit of some inequa­lity, whereby the Realm of Scotland may be thought to be made an accession unto the Realm of England. But that resteth in some circumstances; for the compounding of the two Crowns is equal; The calling of the new Crown, The Crown of Britain, is equal. Only the place of Corona­tion, if it shall be at Westminster, which is the ancient, august and sacred place for the Kings of England, may seem to make an inequality: And again, if the Crown of Scotland be discontinued, then that Ceremony which I hear is used in the Parliament of Scotland, in the absence of the Kings, to have the Crowns carried in solemnity, must likewise cease.

The Stiles and Names.For the Name, the main question is, whether the contracted Name of Britain shall be by your Majesty used, or the divided Names of Eng­land and Scotland.

[Page 52] Admitting there shall be an alteration, then the case will require these following Questions.

First, whether the Name of Britain shall not only be used in your Majesties Stile, where the entire Stile is recited; and in all other forms, the divided Names to remain, both of the Realms and of the People; Or otherwise, that the very divided Names of Realms and People, shall likewise be changed or turned into special or sub-divided Names of the general Name; That is to say, for example, whether your Majesty in your Stile, shall denominate your self, King of Britain, France and Ireland, &c. And yet, nevertheless, in any Commission, Writ or otherwise, where your Ma­jesty mentioneth England or Scotland, you shall retain the ancient Names, as Secundum consuetudinem Regni nostri Angliae; or whether those divided Names shall be for ever lost and taken away, and turned into the sub-divisions of South-Britain and North-Britain, and the People to be South-Britains and North-Britains; And so in the example foresaid, the Tenour of the like clause to run, Secundum consuetudinem Britanniae Australis.

Also, if the former of these shall be thought convenient, whether it were not better for your Majesty, to take that Alteration of Stile upon you by Proclamation, as Edward the third did the Stile of France, then to have it enacted by Parliament?

Also, in the alteration of the Stile, whether it were not better to transpose the Kingdom of Ireland, and put it im­mediately after Britain, and so place the Islands together; and the Kingdom of France, being upon the Continent, last? In regard these Islands of the Western Ocean seem, by Na­ture and Providence, an entire Empire in themselves; and also, that there was never King of England so entirely pos­sest of Ireland as your Majesty is: So as your Stile to run, King of Britain, Ireland, and the Islands adjacent, and of France, &c.

[Page 53] The difficulties in this have been already throughly beaten over, but they gather but to two Heads.

The one, point of Honour, and love to the former Names.

The other, Doubt; left the alteration of the Name may induce and involve an alteration of the Laws and Po­licies of the Kingdom: Both which, if your Majesty shall assume the Stile by Proclamation, and not by Parliament, are in themselves satisfied: For then the usual Names must needs remain in Writs and Records; the Forms whereof cannot be altered, but by Act of Parliament, and so the point of Honour satisfied. And again, your Proclamation altereth no Law; and so the scruple of a tacite or implyed alteration of Laws likewise satisfied. But then, it may be considered, whether it were not a Form of the greatest Ho­nour, if the Parliament, though they did not enact it, yet should become Suiters and Petitioners to your Majesty to assume it?

The Seals.For the Seals, That there should be but one Great Seal of Britain, and one Chancellor; and that there should only be a Seal in Scotland for Processes and ordinary Justice; And that all Patents of Grants of Lands or otherwise, as well in Scotland as in England, should pass under the Great Seal here, kept about your Person: It is alteration Internal whereof I do not now speak.

But the Question in this place is, whether the Great Seals of England and Scotland should not be changed into one and the same form of Image and Superscription of Britain? which nevertheless is requisite should be, with some one plain or manifest alteration, lest there be a Buz, and suspect that Grants of things in England may be passed by the Seal of Scotland; Or è converso.

Also, whether this alteration of Form may not be done without Act of Parliament, as the Great Seals have used to be heretofore changed, as to their Impressions?

The Standards and Stamps, Mo­neys.For the Moneys, as to the Real and internal consideration thereof, the question will be, Whether your Majesty should not continue two Mints? which (the distance of Territory considered) I sup­pose, will be of necessity.

Secondly, how the Standards (if it be not already done, as I hear some doubt made of it in popular rumour) may be reduced into an exact proportion for the time to come; and likewise the computation, tale, or valuation to be made ex­act, for the Moneys already beaten?

That done, the last Question is, (which is only proper to this place) whether the Stamp, or the Image and Super­scription of Britain, for the time forwards, should not be made the self same in both places, without any difference at all? A matter also which may be done, as our Law is, by your Majesties Prerogative, without Act of Parliament.

These points are points of Demonstration, ad faciendum Populum; But so much the more they go to the root of your Majesties intention, which is to imprint and inculcate into the Hearts and Heads of the People, that they are one People and one Nation.

In this kind also, I have heard it pass abroad in speech, of the erection of some new Order of Knighthood, with a Re­ference to the Union, and an Oath appropriat thereunto; which is a point likewise deserveth a Consideration. So much for the External Points.

Internal Points of Union.The Internal Prints of Separation, are as followeth.

1. Several Parliaments.

2. Several Councils of Estate.

3. Several Officers of the Crown.

4. Several Nobilities.

5. Several Laws.

6. Several Courts of Justice, Trials and Processes.

7. Several Receipts and Finances.

8. Several Admiralties and Merchandizings.

9. Several Freedoms and Liberties,

10. Several Taxes and Imposts.

As touching the several States Ecclesiastical, and the se­veral Mints and Standards, and the several Articles and Trea­ties of Intercourse with Forraign Nations, I touched them before.

In these points, of the straight and more inward Union, there will interveen one principal difficulty and impediment, growing from that root, which Aristotle in his Politicks, maketh to be the root of all division and diffention in Com­mon-wealths; And that is, Equality and Inequality. For the Realm of Scotland is now an Ancient and Noble Realm, substantive of it self: But, when this Island shall be made Britain, then Scotland is no more to be considered as Scotland, but as a part of Britain; no more then England is to be con­sidered as England, but as a part likewise of Britain: And consequently, neither of these are to be considered as things entire in themselves, but in the proportion that they bear to the whole. And therefore, let us imagine (Nam id Mente possumus, quod Actu non possumus) that Britain had never been divided, but had ever been one Kingdom; then that part of Soil or Territory, which is comprehended un­der the name of Scotland, is in quantity (as I have heard it esteemed, how true I know not) not past a third part of Britain; And that part of Soil or Territory which is com­prehended under the name of England, is two parts of Bri­tain; leaving to speak of any difference of Wealth or Po­pulation, and speaking only of Quantity. So then, if for example, Scotland should bring to Parliament as much [Page 56] Nobility as England, then a third part should countervail two parts, Nam si inaequalibus aequalia addas, omnia erunt inaequalia. And this, I protest before God and your Ma­jesty, I do speak, not as a man born in England, but as a man born in Britain. And therefore, to descend to particulars.

1. Parliament.

For the Parliaments, the consideration of that Point will fall into four Questions.

1. The first, what proportion shall be kept between the Votes of England, and the Votes of Scotland.

2. The second, touching the manner of Proposition, or possessing of the Parliament of Causes there to be handled, which in England is used to be done immediately by any Member of the Parliament, or by the Prolocutor; and in Scotland is used to be done immediately by the Lords of the Articles; whereof the one form seemeth to have more Li­berty, and the other more Gravity and Maturity: And therefore, the Question will be, whether of these shall yield to other? Or, whether there should not be a mixture of both by some Commissions, precedent to every Parlia­ment, in the nature of Lords of the Articles; and yet, not excluding the Liberty of propounding in full Parliament afterwards?

3. The third, touching the Orders of Parliament, how they may be compounded, and the best of either taken.

4. The fourth, how those, which by inheritance or other­wise, have Offices of Honour and Ceremony in both the Parliaments, as the Lord Steward with us, &c. may be sa­tisfied, and duplicitly accommodated?

2. Councils of Estate.

For the Councils of Estate, while the King­doms stand divided, it should seem necessary to continue several Councils; But if your Ma­jesty should proceed to a strict Union then, howsoever your Majesty may establish some Provincial Councils in Scotland, [Page 57] as there is here of York, and in the Marches of Wales; Yet the Question will be, whether it will not be more convenient for your Majesty, to have but one Privy Council about your Person; whereof the principal Officers of the Crown of Scotland to be, for Dignity sake, howsoever their abiding and remaining may be as your Majesty shall imploy their Service? But this point belongeth meerly and wholly to your Maje­sties Royal Will and Pleasure.

3. Officers of the Crown.

For the Officers of the Crown, the conside­ration thereof will fall into these Questions.

First, in regard of the latitude of your Kingdom, and the distance of place, whether it will not be matter of ne­cessity to continue the several Officers, because of the im­possibility for the Service to be performed by one?

The second, admitting the duplicity of Officers should be continued, yet whether there should not be a difference, that one should be the principal Officer, and the other to be but special and subalterne? As for example, one to be Chancellor of Britain, and the other to be Chancellor, with some special addition; As here of the Dutchy, &c.

The third, if no such specialty or inferiority be thought fit, then whether both Officers should not have the Title and the Name of the whole Island and Precincts? As the Lord Chancellor of England, to be Lord Chancellor of Britain, and the Lord Chancellor of Scotland, to be Lord Chancellor of Britain; But with several Proviso's, that they shall not intromit themselves, but within their several Precincts.

4. Nobilities.

For the Nobilities, the consideration thereof will fall into these Questions.

The first, of their Votes in Parliament (which was touch­ed before) what proportion they shall bear to the Nobility of England? Wherein, if the proportion which shall be thought fit be not full, yet your Majesty may, out of your Prerogative, supply it: For, although you cannot [Page 58] make fewer of Scotland, yet you may make more of England.

The second is, touching the Place and Precedence; where­in, to marshal them according to the Precedence of Eng­land in your Majesties Stile, and according to the Nobility of Ireland, that is, all English Earls first, and then Scots, will be thought unequal for Scotland: To marshal them ac­cording to Antiquity, will be thought unequal for England, because, I hear their Nobility is generally more ancient: And therefore, the Question will be, whether the indiffe­rentest way were not, to take them interchangeably; As for example, first the ancient Earl of England, and then the ancient Earl of Scotland: And so Alternis vicibus.

5. Laws.

For the Laws, to make an entire and perfect Union, it is a matter of great difficulty and length, both in the collecting of them, and in the passing of them. For, first, as to the collecting of them, there must be made by the Lawyers of either Nation, a Disgest, under Titles, of their several Laws and Customs, as well Common Laws, as Statutes; that they may be collated and compared, and that the diversities may appear and be discerned of. And for the passing of them, we see by experience, that Patrius Mos, is dear to all men, and that men are bred and nourished up in the love of it; and therefore, how harsh Changes and Innovations are. And we see likewise, what Disputa­tion and Argument the alteration of some one Law doth cause and bring forth; How much more the alteration of the whole Corps of the Law? Therefore, the first Que­stion will be, whether it be not good to proceed by parts, and to take that that is most necessary, and leave the rest to time? The parts therefore, or subject of Laws, are for this purpose, fitliest distributed, according to that ordinary di­division of Criminal and Civil; and those of Criminal Causes, into Capital and Penal.

[Page 59] The second Question therefore is, Allowing the gene­ral Union of Laws to be too great a Work to embrace, whe­ther it were not convenient, that Cases Capital were the same in both Nations? I say the Cases, I do not speak of the Proceedings or Trials; That is to say, whether the same Offences were not fit to be made Treason or Fellony in both places?

The third Question is, whether Cases Penal, though not Capital, yet if they concern the Publick State, or other­wise the discipline of Manners, were not fit likewise to be brought into one degree? As the case of Misprision of Treason, the Case of Premunire, the Case of Fugitives, the Case of Incest, the Case of Simony and the rest.

But the Question, that is more urgent then any of these, is, Whether these Cases, at the least, be they of an higher or inferiour degree, wherein the Fact committed or Act done in Scotland, may prejudice the State and Subjects of England, or è converso; are not to be reduced to one uni­formity of Law and Punishment? As for example, a Per­jury committed in a Court of Justice in Scotland, cannot be prejudicial in England, because Depositions taken in Scot­land, cannot be produced and used here in England. But a Forgery of a Deed in Scotland, I mean with a false date of England, may be used and given in evidence in England. So likewise, the depopulating of a Town in Scotland, doth not directly prejudice the State of England: But if an Eng­lish Merchant shall carry Silver and Gold into Scotland, (as he may) and thence transport it into Forraign Parts, this prejudiceth the State of England, and may be an evasion to all the Laws of England ordained in that case: and there­fore, had need to be bridled with as severe a Law in Scotland, as it is here in England.

[Page 60]Of this kind, there are many Laws.

The Law of the 50. of Rich. the 2. of going over with­out Licence, if there be not the like Law in Scotland, will be frustrated and evaded: For any Subject of England, may go first into Scotland, and thence into Forraign parts.

So the Laws prohibiting transportation of sundry Com­modities, as Gold and Silver, Ordnance, Artillery, Corn, & c. if there be not a correspondence of Laws in Scotland, will in like manner be deluded and frustrate: For any English Merchant or Subject may carry such Commodities first into Scotland, as well as he may carry them from Port to Port in England; And out of Scotland to Forraign parts, with­out any peril of Law.

So Libels may be devised and written in Scotland, and published and scattered in England.

Treasons may be plotted in Scotland, and executed in England.

And so in many other cases, if there be not the like seve­rity of Law in Scotland, to restrain offences, that there is in England (whereof we are here ignorant, whether there be or no) it will be a gap or stop, even for English Subjects, to escape and avoid the Laws of England.

But for Treasons, the best is, that by the Statute of 26. King Hen. the 8th. Cap. 13. any Treason committed in Scotland, may be proceeded with in England, as well as Treasons committed in France, Rome, or elsewhere.

6. Courts of Ju­stice, and Admini­stration of Laws.

For Courts of Justice, Trials, Processes, and other Administration of Laws, to make any alteration in either Nation, it will be a thing so new and unwonted to either People, that it may be doubted, it will make the Administration of Justice (which of all other things, ought to be known and certain, [Page 61] as a beaten way) to become intricate and uncertain: And besides, I do not see that the severalty of Administration of Justice, though it be by Court Soveraign of last resort, (I mean, without appeal or errour) is any impediment at all to the Union of a Kingdom: As we see by experience, in the several Courts of Parliament in the Kingdom of France. And I have been alwayes of opinion, that the Subjects of England do already fetch Justice somewhat far off, more then in any Nation that I know, the largeness of the Kingdom considered, though it be holpen in some part, by the Circuits of the Judges, and the two Councils at York, and in the Marches of Wales established.

But it may be a good Question, whether as commune vin­culum, of the Justice of both Nations, your Majesty should not erect some Court about your Person, in the nature of the Grand Council of France; To which Court you might, by way of evocation, draw Causes from the ordinary Judges of both Nations; For so doth the French King from all the Courts of Parliament in France; many of which are more 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 [Page 62] 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.

[Page 63] 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.


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