The union of the two kingdoms of Scotland and England, or, The elaborate papers of Sir Francis Bacon ... Bacon, Francis, 1561-1626. 1670 Approx. 124 KB of XML-encoded text transcribed from 36 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A28517 Wing B340 ESTC R338 07750398 ocm 07750398 40105 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online text creation partnership. (EEBO-TCP ; phase 1, no. A28517) Transcribed from: (Early English Books Online ; image set 40105) Images scanned from microfilm: (Early English books, 1641-1700 ; 163:24) The union of the two kingdoms of Scotland and England, or, The elaborate papers of Sir Francis Bacon ... Bacon, Francis, 1561-1626. Irvine, Christopher, fl. 1638-1685. [8], 63 p. [s.n.], Edinburgh : 1670. Edited by C. Irvine. Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng 2000-00 TCP Assigned for keying and markup 2001-00 Apex CoVantage Keyed and coded from ProQuest page images 2001-00 TCP Staff (Michigan) Sampled and proofread 2001-00 TCP Staff (Michigan) Text and markup reviewed and edited 2001-11 pfs Batch review (QC) and XML conversion THE UNION OF THE TWO KINGDOMS OF SCOTLAND AND ENGLAND : OR , The elaborate Papers of Sir Francis Bacon , Lord Verulam , Viscount of St. Alban , sometime High Chancellor of England ; The greatest Sates-man of his Nation , and Schollar of his Age , concerning that Affair . Published in this form , for publick satisfaction . Nullum numen abest . Edinburgh , Printed in the year , 1670. FOR The Right HONOURABLE , Sir ANDREW RAMSAY KNIGHT , Barron of Abbots-hall , &c. Lord Provost of Edinburgh , and one of His Majesties most Honourable Privy Council . My Lord , OF the Union of the two Kingdoms now happily intended , these being the Elaborate and most Learned Thoughts and Resolutions of that great States-man , yet more great Lawyer , but most of all , the far greatest Schollar of his Age and Nation , Sir Francis Bacon , Lord Verulam , Viscount of St. Alban , presented to our sometimes Great SOVERAIGN , King James , the most Wise and Learned ; I have advised them again to the Press , for the satisfaction of divers Noble and Worthy Persons , the Book in which they first came to light , being too voluminous for ordinary use , and rarely to be found in this Kingdom . And now , my Lord , I have made bold to give you the trouble of this Address , and present these few Papers , though small in bulk , yet vast in matter , to your hands , both upon my own , and the Authors account . Upon mine own , who have ever been your most humble Client , and have had your noble Friendship and Favour to countenance me in all my private concerns : And moreover , you do as Chief Magistrate , govern that City in which I was first educate in the Peripatetickwalks , and under , and in which , I have for divers years profest Letters , or practised Chyrurgery and Physick ; and with the rest of my fellow Citizens , have found such refreshment under your Shade and Care , that I thought it my duty to signifie it by this small testimony of my thankfulness . And I am sure , that upon the Authors account , there is not a fitter Person , to whom these Papers could be committed . The great prudence and knowledge he had in State Affairs , made him very acceptable to the Kings and People of his own Nation ; and the great moderation , watchfulness and wisdom you have used in governing this City , one of the greatest Interests of this Kingdom , hath endeared you to all the Princes and Chiefs of this People . What labour and trouble you put upon your self to preserve it under the late Usurpers , your very enemies do acknowledge and praise . How your care and resolution preserved it from ruine , when the VVest Male-contents came marching to its very Gates , all that were faithful to His Majesties Service are ready to witness . And with what sweetness and calmness you have keeped together the Union of the Burgesses , who were ready , through heat and unadvisedness , to divide themselves , your late appearance before the Right Honourable Committee of Trade , and your oppose to those that were ready to violate the old Sett of the Good-Town , is a testimony above exception . I could add many more evidences of your great Prudence and Moderation ; but I will rather forbear them , then give the least blush or trouble to your modesty : Only this I must add , that as your Lordship hath been a great Preserver of the Union of this Burgh ; So I do not doubt , but you , who are the most eminent Member of a Party not least concerned in this Affair , I mean the Burroughs , will with your good advices , endeavour such an Union of the two Kingdoms , as shall most advance the Glory and Prerogative of our Gracious King , and promove most the Honour , Trade and Safety of both People . This and your Preservation , shall ever be the sincere Devotion of , My Lord , Your most humble Servant , C. Irvin . A Speech used by Sir Francis Bacon in the Lower House of Parliament , 50. Jacobi , concerning the Article of general Naturalization of the Scots Nation . IT may please you ( Mr. Speaker ) Preface I will use none , but put my self upon your good Opinions , to which I have been accustomed beyond my deservings . Neither will I hold you in suspence , what way I will choose ; but now at the first , declare my self , that I mean to counsel the House to Naturalize this Nation . Wherein , nevertheless , I have a request to make unto you ; which is of more efficacy to the purpose I have in hand , then all that I shall say afterwards . And it is the same which Demosthenes did , more then once in great Causes of Estate , to the people of Athens , Ut cum calcul● Suffragiorum , sumant Magnanimitatem Reip. That when they took into their hands , the Balls whereby to give their Voices , ( according as the manner of them was ) They would raise their thoughts , and lay aside those considerations which their private Vocations and Degrees mought minister and represent unto them ; And would take upon them cogitations and minds , agreeable to the Dignity and Honour of the Estate . For , ( Mr. Speaker ) as it was aptly and sharply said by Alexander to Parmenio ; when upon the Recital of the great offers which Darius made , Parmenio said unto him , I would accept these offers , were I as Alexander : He turned it upon him again , So would I ( saith he ) were I as Parmenio . So in this cause , if an honest English Merchant ( I do not single out that State in disgrace , for this Island ever held it Honourable , but only for an instance of a private profession ) If an English Merchant should say , Surely I would proceed no further in the Union , were I as the King ; It mought be reasonably answered , No more would the King , were He as an English Merchant . And the like may be said of a Gentleman of the Countrey , be he never so worthy and sufficient ; Or of a Lawyer , be he never so wise and learned ; Or of any other particular condition in this Kingdom . For certainly ( Mr. Speaker ) if a man shall be only or chiefly sensible of those respects , which his particular Vocation and Degree shall suggest and infuse into him , and not enter into true and worthy considerations of Estate , he shall never be able aright to give counsel , or to take counsel in this matter . So that it this request be granted , I account the cause obtained . But to proceed to the matter it self . All Consultations do rest upon Questions comparative . For when a question is de Vero , it is simple , for there is but one Truth : But when a question is de Bono , it is for the most part comparative : For there be differing degrees of Good and Evil ; and the best of the Good is to be preferred and chosen , and the worst of the Evil is to be declined and avoided . And therefore , in a Question of this nature , you may not look for Answers proper to every inconvenience alledged ; For somewhat that cannot be specially answered , may nevertheless be encountred and overweighed , by matter of greater moment . And therefore , the matter which I shall set forth unto you , will naturally receive this distribution of three parts . First , an Answer unto those inconveniences which have been alledged to ensue , if we should give way to this Naturalization ; which , I suppose , you will find not to be so great as they have been made ; but that much dross is put into the ballance , to help to make weight . Secondly , an Encounter against the remain of those inconveniences which cannot properly be answered , by much greater inconveniences which we shall incur , if we do not proceed to this Naturalization . Thirdly , an Encounter likewise , but of another nature ; That is , by the gain and benefit which we shall draw and purchase to our selves , by proceeding to this Naturalization . And yet to avoid confusion , which evermore followeth of too much Generality , it is necessary for me , before I proceed to perswasion , to use some distribution of the Points or Parts of Naturalization : which certainly can be no better nor none other , than the ancient distribution of Jus Civitatis , Jus Suffragii , vel Tribus , and Petitionis , sive Honorum . For all ability and capacity is either of private Interest , of Meum & Tuum , or of publick Service : And the publick consisteth chiefly , either in Voice or in Office. Now it is the first of these ( Mr. Speaker ) that I will only handle at this time , and in this place ; and reserve the other two for a Committee , because they receive more distinction and restriction . To come therefore to the inconveniences alledged on the other part . The first of them is , that there may ensue of this Naturalization , a surcharge of people upon this Realm of England , which is supposed already to have the full charge and content ; and therefore , there cannot be an adm●ssion of the adoptive , without a diminution of the Fortunes and Conditions of those that are Native Subjects of this Realm . A grave objection ( Mr. Speaker ) and very dutiful ; for it proceedeth not of any unkindness to the Scots Nation , but of a natural fastness to our selves . For that Answer of the Virgins , Ne forte non sufficiat Vobis & Nobis , proceeded not out of any envy or malign humour , but out of providence , and that original charity which begins with our selves . And I must confess ( Mr. Speaker ) that as the Gentleman said , when Abraham and Lot , in regard of the greatness of their Families , grew pent and straitned ; it is true , that ( Brethren though they were ) they grew to difference , and to those words , Vade tu ad dextram , & ego ad sinistram , &c. But certainly , I should never have brought that example on that side ; for we see what followed of it , how that this separation , ad dextram and ad sinistram , caused the miserable captivity of the one Brother , and the dangerous , though prosperous war , of the other , for his rescous and recovery . But to this objection ( M. Speaker ) being so weighty and so principal , I mean to give three several Answers ; every one of them being , to mine understanding , by it self sufficient . The first is , that this Opinion of the numbers of the Scots Nation , that should be likely to plant themselves here amongst us , will be found to be a thing rather in conceit then in event . For ( Mr. Speaker ) you shall find these plausible similitudes , of a Tree that will thrive the better if it be removed into the more fruitful Soil ; And of Sheep or Cattel , that if they find a gap or passage open , will leave the more barren Pasture , and get into the more rich and plentiful ; To be but Arguments meerly superficial , and to have no sound resemblance with the transplanting or transferring of Families . For the Tree , we know , by nature , as soon as it is set in the better ground , can fasten upon it and take nutriment from it ; And a Sheep , as soon as he gets into the better Pasture , what should let him to graze and feed ? But there belongeth more ( I take it ) to a Family or particular person , that shall remove from one Nation to another : For if ( Mr. Speaker ) they have not Stock , Means , Acquaintance and Custom , Habitation , Trades , Countenance and the like ; I hope , you doubt not but they will starve in the midst of the rich Pasture , and are far enough off from grazing at their pleasure . And therefore , in this point which is conjectural , experience is the best Guide ; for the time past is a Pattern of the time to come . I think no man doubteth ( Mr. Speaker ) but his Majesties first coming in was as the greatest Spring-tide , for the confluence and entrance of that Nation . Now I would fain understand , in these four years space , and in the fulness and strength of the Current and Tide , how many Families of the Scots men are planted in the Cities , Burroughs and Towns of this Kingdom ? For I do assure my self , that , more then some persons of Quality about his Majesties Person here at the Court and in London , and some other inferiour persons that have a dependancy upon them ; The Return and Certificate , if such a Survey should be made , would be of a number extremely small . I report me to all your private knowledges , of the places where you inhabite . Now ( Mr. Speaker ) as I said , Si in Ligno viridi it a fit , quid fiet in arido ? I am sure there will be no more such Spring-tides . But , you will tell me of a multitude of Families of the Scots Nation in Polonia ; And if they multiply in a Country so far off , how much more here at hand ? For that , ( Mr. Speaker ) you must impute it , of necessity , to some special accident of time and place , that draweth them thither . For you see plainly , before your eyes , that in Germany , which is much nearer , and in France , where they are invited with Priviledges , and with this very Priviledge of Naturalization , yet no such number can be found : So as it cannot be either nearness of place or priviledge of person , that is the cause . But shall I tell you ( Mr. Speaker ) what I think ; Of all the places in the world , near or far off , they will never take that course of life in this Kingdom , which they content themselves with in Poland : For we see it to be the nature of all men , that they will rather discover poverty abroad then at home . There is never a Gentleman that hath over-reached himself in expence , and thereby must abate his Countenance , but he will rather travel and do it abroad then at home . And we know well , they have good high Stomachs , and have ever stood in some terms and emulation with us ; and therefore they will never live here , except they can live in good fashion . So as I assure you ( Mr. Speaker ) I am of opinion , that the strife which we have now to admit them , will have like sequel as that contention had between the Nobility and People of Rome , for the admitting of a Plebeian Consul ; which while it was in passing , was very vehement and mightily stood upon : and when the people had obtained it , they never made any Plebeian Consul , no not in sixty years after . And so will this be for many years , as I am perswaded , rather a matter in opinion , then in use or effect . And this is the first Answer that I give to this main inconvenience pretended , of surcharge of People . The second Answer which I give to this Objection , is this . I must have leave to doubt , ( Mr. Speaker ) that this Realm of England is not yet peopled to the full . For certain it is , that the Territories of France , Italy , Flanders and some parts of Germany , do in equal space of ground bear and contain a far greater quantity of People , if they were mustered by the Poll. Neither can I see , that this Kingdom is so much inferiour unto those forraign parts in fruitfulness , as it is in population ; which makes me conceive , we have not our full charge . Besides , I do see manifestly among us , the badges and tokens rather of scarceness then of press of people ; as drowned Grounds , Commons , Wastes and the like : Which is a plain demonstration , that howsoever there may bean over swelling throng and press of people here about London ; which is most in our eye , yet the body of the Kingdom is but thin sown with People . And whosoever shall compare the ruines and decayes of ancient Towns in this Realm , with the erections and augmentations of new ; cannot but judge , that this Realm hath been far better peopled in former times , It may be , in the Heptarchy or otherwise : For generally the Rule holdeth , The Smaller State , the greater Population , proratd . And whether this be true or no , we need not seek further then to call to our remembrance , how many of us serve here in this place , for desolate and decayed Burroughs . Again ( Mr. Speaker ) whosoever looketh into the Principles of Estate , must hold it , that it is the Mediterrane Countries , and not the Maritime , which need to fear surcharge of People . For all Sea-Provinces , especially Islands , have another Element besides the Earth and Soil , for their sustentation . For what an infinite number of people are and may be sustained by Fishing , Carriage by Sea and Merchandizing ? wherein I do again discover , that we are not at all pinched by multitude of people : For if we were , it were not possible that we should relinquish and resign such an infinite benefit of Fishing to the Flemmings , as it is well known we do . And therefore , I see that we have wastes by Sea , as well as by Land : which still is an infallible Argument , that our Industry is not awaked to seek maintainance , by any over great press or charge of People . And lastly ( Mr. Speaker ) there was never any Kingdom , in the Ages of the world , had , I think , so fair and happy means to issue and discharge the multitude of their People ( if it were too great ) as this Kingdom hath ; in regard of that desolate and avasted Kingdom of Ireland , which ( being a Countrey blessed with almost all the Dowries of Nature , as Rivers , Havens , Woods , Quarries , good Soil and temperate Climate , and now at last , under his Majesty , blessed also with obedience ) doth , as it were , continually call unto us for our Colonies and Plantations . And so I conclude my second Answer to this pretended inconvenience of surcharge of People . The third Answer ( Mr. Speaker ) which I give is this . I demand , what is the worst effect which can follow of surcharge of People ? Look into all Stories , and you shall find it none other then some honourable War , for the enlargement of their Borders , which find themselves pent , upon foreign parts . Which inconvenience , in a valourous and warlike Nation , I know not whether I should term an inconvenience or no : For the saying is most true , though in another sense , Omne solum forti Patria . It was spoken indeed of the patience of an exil'd man ; but it is no less true of the valout of a warlike Nation . And certainly ( Mr. Speaker ) I hope I may speak it without offence , That if we did hold our selves worthy , whensoever just cause should be given , either to recover our ancient Rights , or to revenge our late wrongs , or to attain the Honour of our Ancestors , or to enlarge the Patrimony of our Posterity ; We would never in this manner forget considerations of Amplitude and Greatness , and fall at variance about Profit and Reckonings ; fitter a great deal for private Persons , then for Parliaments and Kingdoms . And thus ( Mr. Speaker ) I leave this first Objection , to such satisfaction as you have heard . The second Objection is , that the Fundamental Laws of both these Kingdoms of England and Scotland , are yet divers and several ; Nay more , that it is declared by the Instrument , that they shall so continue , and that there is no intent in his Majesty to make innovation in them : And therefore , that it should not be seasonable to proceed to this Naturalization , I hereby to endow them with our Rights and Priviledges , except they should likewise receive and submit themselves to our Laws . And this Objection likewise ( Mr. Speaker ) I allow to be a weighty Objection , and worthy to be well answered and discussed . The Answer which I shall offer , is this . It is true , for mine own part ( Mr. Speaker ) that I wish the Scots Nation governed by our Laws ; for I hold our Laws , with some reducement , worthy to govern , if it were the world . But , this is that which I say , and I desire therein your attention ; That , according to the true reason of Estate , Naturalization is , in order , first and precedent to Union of Laws ; in degree , a less matter then Union of Laws ; and in nature , separable , not inseparable , from Union of Laws . For , Naturalization doth but take out the marks of a Forraigner ; but Union of Laws makes them entirely as our selves : Naturalization taketh away separation , but Union of Laws doth take away distinction . Do we not see ( Mr. Speaker ) that in the administration of the world , under the great Monarch , God himself , that His Laws are divers ; one Law in Spirits , another in Bodies ; One Law in Regions Coelestial , another Elementary ; And yet the Creatures are all one Mass and Lump , without any vacuum or separation ? Do we not see likewise , in the State of the Church , that amongst people of all Languages and Linages , there is one Communion of Saints ; and that we are all fellow Citizens , and naturalized of the Heavenly Hierusalem : And yet , nevertheless , divers and several Ecclesiastical Laws , Policies and Hierarchies ? According to the Speech of that worthy Father , In veste varietas sit , scissura non sit . And therefore , certainly ( Mr. Speaker ) the Bond of Law is the more special and private Bond ; and the Bond of Naturalization the more common and general . For the Laws are rather Figura Reip. then Forma ; and rather Bonds of Perfection , then Bonds of Entireness . And therefore , we see in the experience of our own Government , that in the Kingdom of Ireland , all our Statute-Laws , since Poyning-Laws , are not in force ; and yet we deny them not the benefit of Naturalization . In Gersey , Guernsey and the Isle of Man , our Common Laws are not in force ; and yet they have the benefit of Naturalization . Neither need any man doubt , but that our Laws and Customs must in small time gather and win upon theirs . For , here 's the Seat of the Kingdom , whence come the supreme Directions of Estate ; Here is the Kings Person and Example , of which the Verse saith , Regis ad exemplum tot us componitur Orbis . And therefore , it is not possible , although not by solemn and formal Act of Estates , yet by the secret operation of no long time , but they will come under the yoke of our Laws ; and so , Dulcis tractus pari jugo . And this is the Answer I give to this second Objection . The third Objection is , some inequality in the Fortunes of these two Nations , England and Scotland ; By the commixture whereof , there may ensue advantage to them , and loss to us : Wherein ( Mr. Speaker ) it is well , that this difference or disparity consisteth but in external Goods of Fortune . For indeed , it must needs be confessed , that for the Goods of the Mind and Body , they are Alteri Nos , Other our selves . For , to do them but right , we know in their capacity and understanding , they are a People ingenious ; in Labour industrious ; in Courage valiant ; in Body hard , active and comely . More might be said , but in commending them , we do but in effect commend our selves : for they are of one piece and continent with us ; and the truth is , we are participant both of their Virtues and Vices . For , if they have been noted to be a Pople not so tractable in Government , we cannot without flattering our selves , free our selves altogether from that fault , being a thing indeed incident to all Martial People . As we see it evident by the example of the Romans and others : Even like unto fierce Horses , that though they be of better service then others , yet are they harder to guide and to mannage . But for this Objection ( Mr. Speaker ) I purpose to answer it , not by Authority of Scripture , which saith , Beatius est dare quam accipere ; but by an Authority , framed and derived from the judgement of our selves and our Ancestors , in the same case as to this point . For ( Mr. Speaker ) in all the Line of our Kings , none useth to carry greater commendation then his Majesties Noble Progenitour , King Edward , the first of that Name : And amongst his other commendations both of War and Policy , none is more celebrated then his purpose and enterprise for the Conquest of Scotland ; as not bending his designs to glorious Acquests abroad , but to solid strength at home : which nevertheless , if it had succeeded well , could not but have brought in all those inconveniences , of the commixture of a more opulent Kingdom , with a less , that are now alledged . For it is not the yoke either of our Armes or of our Laws , that can alter the nature of the Climate , or the nature of the Soil : Neither is it the manner of the commixture , that can alter the matter of the commixture . And therefore ( Mr. Speaker ) if it were good for us then , it is good for us now ; and not to be prised the less because we paid not so dear for it . But a more full Answer to this Objection , I refer over to that which will come after to be spoken , touching Surety and Greatness . The fourth Objection ( Mr. Speaker ) is not properly an Objection , but rather a pre-occupation of an Objection of the other side : For it may be said , and very materially , whereabout do we contend ? The benefit of Naturalization is by the Law , in as many as have been , or shall be born since his Majesties coming to the Crown , already settled and invested . There is no more then , but to bring the Ante-nati into the degree of the Post-nati ; that men grown that have well-deserved , may be in no worse case then children which have not deserved ; and elder brothers in no worse case then younger brothers . So as we stand upon Quiddam , not Quantum ; being but a little difference of time , of one Generation from another . To this ( Mr. Speaker ) it is said by some , that the Law is not so , but that the Post-nati are Aliens as well as the rest . A point that I mean not much to argue ; both because it hath been well spoken to , by the Gentleman that spoke last before me ; and because I do desire in this case and in this place , to speak rather of Convenience than of Law. Only this will I say , That that opinion seems to me contrary to reason of Law , contrary to form of pleading in Law , and contrary to Authority and Experience of Law. For reason of Law , when I meditate of it , Methinks the wisdom of the Common Laws of England , well observed , is admirable , in the distribution of the benefit and protection of the Laws , according to the several conditions of persons , in an excellent proportion . The degrees are four , but bipartite ; Two of Aliens , and two of Subjects . The first degree is of an Alien , born under a King or State that is an enemy . If such an one come into this Kingdom without safe conduct , it is at his peril : The Law giveth him no protection , neither for Body , Lands nor Goods ; So as if he be slain , there is no remedy by any Appeal at the parties sute , although his Wife were an English woman : Marry at the Kings sute the case may be otherwise , in regard of the offence to the Peace . The second degree , is of an Alien that is born under the Faith and Allegiance of a King or State that is a friend . Unto such a person , the Law doth impart a greater benefit and protection ; that is , concerning things personal , transitory and moveable ; as Goods and Chattels , Contracts and the like : But not concerning Freehold and Inheritance : And the reason is , because he may be an enemy , though he be not . For the State , under the obeysance of which he is , may enter into quarrel and hostility ; and therefore , as the Law hath but a transitory assurance of him , so it rewards him but with transitory benefits . The third degree is of a Subject , who having been an Alien , is by Charter made Denizen . To such an one , the Law doth impart yet a more ample benefit : For , it gives him power to purchase Free-hold and Inheritance to his own use , and likewise enables the Children , born after his Denization , to inherit : But yet , nevertheless , he cannot make Title , or convey Pedegree from any Ancestour Paramount . For the Law thinks not good to make him in the same degree with a Subject born ; because he was once an Alien , and so mought once have been an enemy . And Nemo subitò fingitur : Mens affections cannot be so settled by any benefit , as when from their Nativity they are inbred and inherent . And the fourth degree , which is the perfect degree , is of such a person that neither is enemy , nor can be enemy in time to come , nor could have been enemy at any time past ; And therefore , the Law gives unto him the full benefit of Naturalization . Now ( Mr. Speaker ) if these be the true steps and paces of the Law , no man can deny , but whosoever is born under the Kings Obedience , never could , in aliquo puncto temporis , be an enemy ; ( a Rebel he mought be , but no Enemy ) And therefore , in reason of Law , is naturalized : Nay , contrary-wise , he is bound , Jure Nativitatis , to defend this Kingdom of England against all Invaders or Rebels : And therefore , as he is oblieged to the protection of Arms , and that perpetually and universally ; So he is to have the perpetual and universal benefit and protection of Law , which is Naturalization . For form of Pleading , it is true , that hath been said , That if a man would plead another to be an Alien , he must not only set forth negatively and privatively , that he was born out of the obedience of our Soveraign Lord the King , but affirmatively , under the obedience of a forreign King or State in particular ; which never can be done in this case . As for Authority , I will not press it ; you know all what hath been published by the Kings Proclamations . And for experience of Law , we see it in the Subjects of Ireland , in the Subjects of Gersey and Guernsey , parcels of the Dutchy of Normandy ; in the Subjects of Calleis ( when it was English ) which was parcel of the Crown of France . But , as I said , I am not willing to enter into an Argument of Law , but to hold my self to point of Convenience . So as for my part , I hold all Post-nati naturalized , ipso jure . But yet , I am far from opinion , that it should be a thing superfluous to have it done by Parliament ; chiefly , in respect of that true principle , Principum Actiones praecipuè ad famam sunt componendae . It will lift up a Sign to all the world , of our love towards them , and good agreement with them . And these are ( Mr. Speaker ) the matterial Objections which have been made of the other side , whereunto you have heard mine Answers : Weigh them in your wisdoms . And so I conclude that general part . Now ( Mr. Speaker ) according as I promised , I must fill the other ballance , in expressing unto you the inconveniencies which we shall incur , if we shall not proceed to this Naturalization : Wherein , that inconvenience , which of all others and alone by it self , if there were none other , doth exceedingly move me , and may move you , is a Position of Estate , collected out of the Records of time ; which is this , That wheresoever several Kingdoms or Estates have been united in Soveraignty , if that Union hath not been fortified and bound in with a further Union , and namely that which is now in question , of Naturalization ; this hath followed , That at one time or other they have broken again , being upon all occasions apt to revolt , and relapse to the former separation . Of this assertion , the first example which I will set before you , is of that memorable Union which was between the Romans and the Latines , which continued from the Battail at the Lake of Regilla , for many years , untill the Consulships of T. Manlius and P. Decius . At what time , there began about this very point of Naturalization , that War which was called , Bellum Sociale ; being the most bloody and pernicious War , that ever the Roman State endured ; wherein , after numbers of Battails , and infinite Sieges and Surprises of Towns , the Romans in the end prevailed , and mastered the Latines . But assoon as ever they had the honour of the War , looking back into what perdition and confusion they were near to have been brought , they presently naturalized them all . You speak of a Naturalization in blood ; there was a Naturalization indeed in blood . Let me set before you again , the example of Sparta , and the rest of Peloponnesus their Associats . The State of Sparta was a nice and jealous State in this point , of imparting Naturalization to their Confederates : But what was the issue of it ? After they had held them in a kind of Society and Amity for divers years , upon the first occasion given ( which was no more , then the surprize of the Castle of Thebes , by certain desperate Conspirators in the habit of Masquers ) There ensued immediatly a general revolt and defection of their Associats ; which was the ruine of their State , never afterwards to be recovered . Of later time , let me lead your consideration to behold the like events in the Kingdom of Arragon ; which Kingdom was united with Castille and the rest of Spain , in the persons of Ferdinando and Isabella , and so continued many years ; But yet so , as it stood a Kingdom severed and divided from the rest of the Body of Spain in Priviledges ; and directly in this point of Naturalization , or capacity of Inheritance . What came of this ? Thus much ; That now of fresh memory , not past twelve years since , only upon the voice of a condemned man , out of the Grate of a Prison towards the Street , that cried , Fueros , ( which is as much as Liberties , or Priviledges ) There was raised a dangerous Rebellion , which was suppressed with difficulty with an Army Royal , and their Priviledges disannulled , and they incorporated with the rest of Spain . Upon so small a spark , notwithstanding so long continuance , were they ready to break and severe again . The like may be said of the States of Florence and Pisa ; which City of Pisa being united unto Florence , but not endued with the benfite of Naturalization , upon the first light of forraign Assistance , by the expedition of Charles the eighth of France into Italy , did revolt ; though it be since again re-united and incorporated . The same effect we see in the most barbarous Government ; which shews it the rather to be an effect of Nature . For , it was thought a fit Policy by the Council of Constantinople , to retain the three Provinces of Transilvania , Valachia and Moldavia , ( which were as the very Nurses of Constantinople , in respect of their Provisions ) to the end , they moght be the less wasted , only under Vayvods as Vaslals and Homagers , and not under Bassa's and Provinces of the Turkish Empire ; which Policy we see , by late experience , proved unfortunate , as appeared by the revolt of the same three Provinces , under the Arms and conduct of Sigismund Prince of Transilvania , a Leader very famous for a time ; which Revolt is not yet fully recovered . Whereas we seldom or never hear of revolts of Princes incorporate to the Turkish Empire . On the other part ( Mr. Speaker ) because it is true which the Logicians say , Opposita , juxta se posita , magis elucescunt : let us take a view and we shall find , That wheresoever Kingdoms and States have been united , and that Union corroborate by the Bond of mutual Naturalization ; you shall never observe them afterwards , upon any occasion of trouble or otherwise , to break and severe again : As we see most evidently before our eyes , in divers Provinces of France ; that is to say , Guien , Provence , Normandy , Brittain , which , notwithstanding the infinite infesting troubles of that Kingdom , never offered to break again . We see the like effect in all the Kingdoms of Spain , which are mutually naturalized ; As Leon , Castile , Valencia , Andaluzia , Granada and the rest ; except Arragon , which held the contrary course , and therefore had the contrary successe , as we said ; and Portugal , of which there is not yet sufficient Trial. And lastly , we see the effect in our own Nation , which never rent assunder , after it was once united ; so as we now scarce know whether the Heptarchy were a Story or a Fable . And therefore ( Mr. Speaker ) when I revolve with my self these examples and others , so lively expressing the necessity of a Naturalization , to avoid a relapse into a separation , and do hear so many arguments and scruples made on the other side ; It makes me think on the old Bishop , which upon a publick Disputation of certain Divines , Christians , with some learned men of the Heathens , did extremely press to be heard ; and they were loath to suffer him , because they knew he was unlearned , though otherwise an holy and well-meaning Man : But at last , with much ado , he got to be heard ; and when he came to speak , in stead of using Arguments , he did only say over his Belief ; but did it with such assurance and constancy , as did strike the minds of those that heard him , more then any Argument had done . And so ( Mr. Speaker ) against all these witty and subtile Arguments , I say that I do believe , and would be sorry to be found a Prophet in it , That except we proceed with this Naturalization ( though not perhaps in his Majesties time , who hath such Interest in both Nations ) yet in the time of his Descendants , these Realms will be in continual danger to divide and break again . Now if any man be of that careless mind , — — Maneat nostras ca cura Nepotes ; Or of that hard mind , to leave things to be tryed by the sharpest Sword ; sure I am , he is not of St. Paul's opinion , who affirmeth , That whosoever useth not fore-sight and provision for his Family , is worse then an unbeliever : Much more , if we shall not use fore-sight for these two Kingdoms , that comprehend so many Families , but leave things open to the peril of future divisions . And thus have I expressed unto you , the inconvenience which of all other sinketh deepest with me , as the most weighty . Neither do their want other inconveniences ( Mr. Speaker ) the effect and influence whereof , I fear , will not be adjourned to so long a day , as this that I have spoken of . For , I leave it to your wisdom to consider , whether you do not think , in case by the denyal of this Naturalization , any pike of alienation or unkindness ( I do not say where ) should be thought to be , or noised to be , between these two Nations , whether it will not quicken and excite all the envious and malicious humours wheresoever ( which are now covered ) against us , either forraign or at home ; and so open the way to practices and other engines and machinations , to the disturbance of this State ? As for that other inconvenience of his Majesties engagement into this Action , it is too binding and pressing to be spoken of , and may do better a great deal in your minds , then in my mouth , or in the mouth of any man else ; because , I say , it doth press our Liberty too far . And therefore ( Mr. Speaker ) I come now to the third general part of my division , concerning the Benefits which we shall purchase , by this knitting of the knot surer and streighter between these two Kingdoms , by the communicating of Naturalization . The Benefits may appear to be two ; the one Surety , the other Greatness . Touching Surety ( Mr. Speaker ) it was well said by Titus Quintius the Roman , touching the State of Peloponnesus , That the Tortois is safe within her shell ; Testudo intra tegumen tuta est ; but if there be any parts that lye open , they endanger all the rest . We know well , that although the State at this time , be in a happy Peace ; yet , for the time past , the more ancient enemy to this Kingdom hath been the French , and the more late the Spaniard ; and both these had , as it were , their several postern Gates , whereby they mought have approach and entrance to annoy us . France had Scotland , and Spain had Ireland . For these were the two accesses which did comfort and encourage both these enemies , to assail and trouble us . We see that of Scotland is cut off , by the Union of both these Kingdoms , if that it shall now be made constant and permanent . That of Ireland is likewise cut off , by the convenient situation of the North of Scotland toward the North of Ireland , where the sore was : Which we see , being suddainly closed , hath continued closed by means of this Salve ; So as now , there are no parts of this State exposed to danger , to be a temptation to the ambition of Forraigners , but the approaches and avenues are taken away . For , I do little doubt , but those Forraigners , which had so ill success when they had these advantages , will have much less comfort now , that they be taken from them . And so much for Surety . For Greatness ( Mr. Speaker ) I think a man may speak it soberly , and without bravery ; That this Kingdom of England , having Scotland united , Ireland reduced , the Sea Provinces of the Low-Countreys contracted , and Shipping maintained , is one of the greatest Monarchies in Forces , truly esteemed , that hath been in the world . For certainly , the Kingdoms here one Earth , have a resemblance with the Kingdom of Heaven ; which our Saviour compareth , not to any great Kernel or Nut , but to a very small Grain ; yet such an one , as is apt to grow and spread . And such , do I take to be , the constitution of this Kingdom ; if indeed we shall refer our Counsels to Greatness and Power , and not quench them too much with consideration of Utility and Wealth . For ( Mr. Speaker ) was it not , think you , a true Answer that Solon of Greece made to the rich King Cresus of Lydia , when he shewed unto him a great quantity of Gold that he had gathered together , in ostentation of his Greatness and Might ? But Solon said unto him , contrary to his expectation ; Why , Sir , if another come that hath better Iron then you , he will be Lord of all your Gold. Neither is the Authority of Machiavel to be despised , who scorneth the Proverb of Estate , taken first from a Speech of Mucianus , That Moneys are the Sinews of War ; And saith , There are no true Sinews of War , but the very Sinews of the Arms of valiant men . Nay more ( Mr. Speaker ) whosoever shall look into the seminaries and beginnings of the Monarchies of the world , he shall find them founded in Poverty . Persia , a Countrey barren and poor , in respect of the Medes whom they subdued . Macedon , a Kingdom ignoble and mercenary , until the time of Philip , the Son of Amyntas . Rome had poor and pastoral beginnings . The Turks , a Band of Sarmatian Scythes , that in a vagabond manner , made impression upon that part of Asia , which is yet called Turcomania . Out of which , after much variety of Fortune , sprung the Ottoman Family , now the terrour of the world . So we know the Goths , Vandals , Alanes , Huns , Lombards , Normans , and the rest of the Northern people , in one Age of the world made their descent 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 12 th . 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 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 . 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 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 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 : 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 Post-nati 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 ; 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 Canon Law doth put the Ante-natos and the Post-natos in one degree ; But when it was moved to the Parliament of England , Barones unâ voce responderunt , Nolumus Leges Angliae mutare . And though it must be confessed , that the Ante-nati and Post-nati are in the same degree in Dignities , yet were they never so in Abilities : For , no man doubts , but the Son of an Earl or Baron , before his Creation or Call , shall inherite the Dignity , as well as the Son born after . But the Son of an Attainted Person , born before the Attainder , shall not inherite as the after-born shall , notwithstanding Charter of Pardon . The Reason of Estate is , That any restriction of the Ante-nati is temporary , and expireth with this Generation : But if you make it in the Post-nati also , you do but in substance , pen a perpetuity of Separation . Mr. Speaker , in this point I have been short , because I little expected this doubt , as to point of Convenience ; and therefore , will not much labour , where , I suppose , there is no greater opposition . A BRIEF DISCOURSE , Of the happy UNION OF THE KINGDOMES OF ENGLAND and SCOTLAND . Dedicated in private to His MAJESTY . I Do not find it strange ( excellent King ) that when Heraclitus ( he that was surnamed , the Obscure ) had set forth a certain Book ( which is not now extant ) many men took it for a Discourse of Nature , and many others took it for a Treatise of Policy . For there is a great affinity and consent between the Rules of Nature , and the true Rules of Policy . The one being nothing else , but an Order in the Government of the World ; And the other , an Order in the Government of an Estate . And therefore , the education and erudition of the Kings of Persia was in a Science , which was termed by a Name then of great Reverence ; but now degenerate , and taken in the ill part . For the Perasin Magick , which was the secret Literature of their Kings , was an application of the Contemplations and Observations of Nature , unto a sense Politick ; taking the fundamental Laws of Nature , and the Branches and Passages of them , as an Original or first Model , whence to take and describe a Copy and Imitation for Government . After this manner , the foresaid Instructers set before their Kings , the examples of the Celestial Bodies , the Sun , the Moon and the rest , which have great glory and veneration , but no rest or intromission , being in a perpetual office of motion , for the cherishing ( in turn and in course ) of inferiour Bodies : Expressing likewise the true manner of the motions of Government ; which though they ought to be swift and rapide , in respect of dispatch and occasions ; yet are they to be constant and regular , without wavering or confusion . So did they represent unto them , how the Heavens do not enrich themselves by the Earth and the Sea ; nor keep no dead Stock nor untouched Treasures of that they draw to them from below : But whatsoever moisture they do levy and take from both Elements in vapours , they do spend and turn back again in showers ; only holding and storing them up for a time , to the end , to issue and distribute them in season . But , chiefly , they did expresse and expound unto them , that fundamental Law of Nature , whereby all things do subsist and are preserved ; which is , that every thing in Nature , although it hath his private and particular affection and appetite , and doth follow and pursue the same in small moments , and when it is free and delivered from more general and common respects ; yet , neverthelesse , when there is question or case , for sustaining of the more general , they for sake their own particularities , and attend and conspire to uphold the publick . So we see , the Iron , in small quantity , will ascend and approach to the Load-stone , upon a particular sympathy ; But , if it be any quantity of moment , it leaveth his appetite of amity to the Load-stone , and like a good Patriot , falleth to the Earth ; which is the Place and Region of massy Bodies . So again , the Water , and other like Bodies , do fall towards the Center of the Earth , which is ( as was said ) their Region or Countrey : And yet , we see nothing more usual in all Water-works and Engines , then that the Water ( rather then to suffer any distraction or dis-union in Nature ) will ascend , for saking the love to his own Region or Countrey , and applying it self to the Body next adjoyning . But , it were too long a digression to proceed to more examples of this kind . Your Majesty your self , did fall upon a passage of this nature , in your gracious Speech of thanks unto your Council ; when acknowledging Princely , their vigilancies and well-deservings , it pleased you to note , that it was a success and event above the course of nature , to have so great Change , with so great a Quiet ; Forasmuch as suddain mutations , as well in State as in Nature , are rarely without violence and perturbation . So as still I conclude , there is ( as was said ) a congruity between the principles of Nature and Policy . And lest that instance may seem to oppone to this Assertion , I may , even in that particular , with your Majesties favour , offer unto you a Type or Pattern in Nature , much resembling this event in your State : Namely Earthquakes , which many of them bring ever much terrour and wonder , but no actual hurt ; the Earth trembling for a moment , and suddenly stablishing in perfect quiet , as it was before . This knowledge then , of making the Government of the World a mirrour for the Government of a State , being a Wisdom almost lost ( whereof the reason I take to be , because of the difficulty for one man to imbrace both Philosophies ) I have thought good to make some proof ( as far as my weakness , and the straights of my time will suffer ) to revive in the handling of one particular , wherewith now I most humbly present your Majesty : For surely , as hath been said , it is a form of Discourse anciently used towards Kings ; And to what King should it be more proper , then to a King that is studious to conjoin contemplative Vertue and active Vertue together ? Your Majesty is the first King that had the Honour to be Lapis Angularis , to unite these two mighty and warlike Nations of England and Scotland , under one Soveraignty and Monarchy . It doth not appear , by the Records and Memories of any true History , or scarcely by the fiction and pleasure of any fabulous Narration or Tradition , That ever , of any Antiquity , this Island of Great Britain was united under one King before this day . And yet there be no Mountains or races of Hills , there be no Seas nor great Rivers , there is no diversity of Tongue or Language , that hath invited or provoked this ancient Separation or Divorce . The lot of Spain was , to have the several Kingdoms of that Continent ( Portugal only except ) to be united in an Age not long past ; and now in our Age , that of Portugal also , which was the last that held out , to be incorporate with the rest . The lot of France hath been , much about the same time , likewise to have re-annexed unto that Crown , the several Dutchies and Portions which were in former times dismembred . The lot of this Island is the last , reserved for your Majesties happy times , by the special Providence and Favour of God ; who hath brought your Majesty to this happy conjunction with great consent of Hearts , and in the strength of your Years , and in the maturity of your Experience . It resteth but , that ( as I promised ) I set before your Majesties Princely consideration , the grounds of Nature touching the Union and Commixture of Bodies ; and the correspondence which they have with the grounds of Policy , in the conjunction of States and Kingdoms . First , therefore , that Position , Vis unita fortior , being one of the common notions of the Mind , needeth not much to be induced or illustrate . We see the Sun , when he entereth , and while he continueth , under the Sign of Leo , causeth more vehement heats then when he is in Cancer ; what time , his Beams are nevertheless more perpendicular . The reason whereof , in great part , hath been truly ascribed to the conjunction and corradiation , in that place of Heaven , of the Sun , with the four Stars of the first magnitude ; Syrius , Canicula , Cor Leonis , and Cauda Leonis . So the Moon likewise , by ancient tradition , while she is in the same Sign of Leo , is said to be at the Heart ; which is not for any affinity which that place of Heaven can have with that part of mans Body ; but only , because the Moon is then , by reason of the conjunction and nearness with the Stars aforenamed , in the greatest strength of influence ; and so worketh upon that part in inferiour Bodies , which is most Vital and Principal . So we see , Waters and Liquors , in small quantity , do easily putrifie and corrupt ; but in large quantity , subsist long , by reason of the strength they receive by union . So in Earthquakes , the more general do little hurt , by reason of the united weight which they offer to subvert ; but narrow and particular Earthquakes have many times overturned whole Towns and Cities . So then , this point , touching the force of Union , is evident . And therefore , it is more fit to speak of the manner of Union ; wherein again , it will not be pertinent to handle one kind of Union , which is Union by Victory , when one Body doth meerly subdue another , and converteth the same into his own nature , extinguishing and expulsing what part soever of it it cannot overcome . As when the Fire converteth the Wood into Fire , purging away the smoak and the ashes , as unapt Matter to enflame : Or , when the Body of a Living Creature doth convert and assimilate Food and Nourishment , purging and expelling whatsoever it cannot convert . For , these Representations do answer , in matter of Policy , to Union of Countries by conquest , where the conquering State doth extinguish , extirpate and expulse any part of the State conquered , which it findeth so contrary , as it cannot alter and convert it . And therefore , leaving violent Unions , we will consider only of natural Unions . The difference is excellent , which the best Observers in Nature do take between Compositio and Mistio , putting together and mingling ; the one being but a conjunction of Bodies in place , the other in quality and consent ; the one the Mother of Sedition and Alteration ; the other of Peace and Continuance ; the one rather a Confusion then an Union , the other properly an Union . Therefore , we see those Bodies , which they call imperfectè mista , last not , but are speedily dissolved . For , take for example , Snow or Froath , which are compositions of Air and Water , and in them you may behold , how easily they severe and dissolve , the Water closing together and excluding the Air. So those three Bodies , which the Alchymists do so much celebrate , as the three Principles of things ; that is to say , Earth , Water and Oyl , ( which it pleaseth them to term , Salt , Mercury and Sulphur ) we see , if they be united only by composition or putting together , how weakly and rudely they do incorporate : For Water and Earth maketh but an unperfect slime ; and if they be forced together by agitation , yet by a little settling , the Earth resideth in the bottom . So Water and Oyl , though by agitation it be brought into an Oyntment ; yet , after a little settling , the Oyl will float on the top : So as such imperfect mistures continue no longer then they are forced ; and still in the end , the worthiest getteth above . But otherwise it is of perfect mistures . For we see these three Bodies of Earth , Water and Oyl , when they are joined in a Vegetable or Mineral , they are so united , as without great subtilty of Art and force of Extraction , they cannot be separated and reduced into the same simple Bodies again . So as the difference between Compositio and Mistio , clearly . set down is this ; That Compositio is the joining or putting together of Bodies , without a new Form ; and Mistio is the joining or putting together of Bodies , under a new Form. For , the new form is commune Vinculum ; and without that , the old Form will be at strife and discord . Now , to reflect this Light of Nature upon matter of Estate : There hath been put in practice , these two several kinds of Policy , in uniting and conjoining of States and Kingdoms : The one to retain the ancient Form still severed , and only conjoined in Soveraignty ; The other to superinduce a new Form , agreeable and convenient to the entire State. The former of these hath been more usual , and is more easie ; but the latter is more happy . For , if a man do attentively revolve Histories of all Nations , and judge truly thereupon , he will make this conclusion , That there was never any States that were good commixtures , but the Romans . Which because it was the best State of the World , and is the best Example of this Point , we will chiefly insist thereupon . In the Antiquities of Rome , Virgil bringeth in Jupiter by way of Oracle or Prediction , speaking of the mixture of the Trojans and the Italians : Sermonem Ausonii Patrum , moresque tenebant , Utque est nomen erit ; Commixti Corpore tantum , Subsident Teucri , Morem , Ritusque Sacrorum , Adjiciam ; faciamque omnes uno ore Latinos . Hinc genus Ausonio mistum , quod sanguine surget , Supra Homines , supra ira Deos , pietate videbis . Wherein Jupiter maketh a kind of partition or distribution , That Italy should give the Language and the Laws ; Troy should give a mixture of Men , and some Religious Rites ; and both people should meet in one name of Latines . Soon after the foundation of the City of Rome , the people of the Romans and the Sabines mingled upon equal terms . Wherein the interchange went so even , that ( as Livy noteth ) the one Nation gave the Name to the Place , the other to the People . For , Rome continued the name , but the people were called Quirites ; which was the Sabine word , derived of Cures , the Countrey of Tatius . But that which is chiefly to be noted , in the whole continuance of the Roman Government , they were so liberal of their Naturalizations , as in effect , they made perpetual mixtures . For the manner was , to grant the same , not only to particular Persons , but to Families and Linages ; and not only so , but to whole Cities and Countries . So as in the end , it came to that , that Rome was communis Patria , as some of the Civilians call it . So we read of Saint Paul , after he had been beaten with Rods , and thereupon charged the Officer with the violation of the Priviledge of a Citizen of Rome ; The Captain said to him , Art thou then a Romane ? That Priviledge hath cost me dear . To whom Saint Paul replyed , But I was so born . And yet in another place , Saint Paul professeth himself that he was a Jew by Tribe : So as it is manifest , that some of his Ancestors were naturalized ; and so it was conveyed to him and their other descendants . So we read , that it was one of the first despites that was done to Julius Casar ; That whereas he had obtained Naturalization for a City in Gaule , one of the City was beaten with Rods of the Consul Marcellus . So we read in Tacitus , that in the Emperor Claudius time , the Nation of Gaule , ( that part which is called Comata , the wilder part ) were Suiters to be made capable of the honour of being Senators and Officers of Rome . His words are these : Cum de supplendo Senatu agitaretur , primoresque Galliae , quae Comata appellatur , faedera & Civitatem Romanam pridem assecuti , Jus adipiscendorum in urbe Honorum , expeterent ; multus , eâsuper re , variusque Rumor , & studiis diversis , apud Principem , certabatur . And in the end , after long debate , it was ruled they should be admitted . So likewise , the Authority of Nicholas Matchiavel seemeth not to be contemned ; who enquiring the causes of the growth of the Roman Empire , doth give Judgement , there was not one greater then this , That the State did so easily compound and incorporate with Strangers . It is true , that most Estates and Kingdoms have taken the other course . Of which this effect hath followed , That the addition of further Empire and Territory hath been rather matter of Burthen then matter of Strength unto them : yea , and further , it hath kept alive the seeds and roots of Revolts and Rebellions for many Ages : As we may see , in a fresh and notable Example of the Kingdom of Arragon ; which though it were united to Castile by Marriage , and not by Conquest , and so descended in hereditary Union , by the space of more then one hundred years ; yet , because it was continued in a divided Government , and not well incorporated and cemented with the other Crowns ; entred into a Rebellion , upon point of their Fueros , or Liberties , now of very late years . Now , to speak briefly of the several parts of that form , whereby States and Kingdoms are perfectly united , they are ( besides the Soveraignty it self ) four in number ; Union in Name , Union in Language , Union in Laws , Union in Employments . For Name , though it seem but a superficial and outward matter , yet it carrieth much impression and enchantment : The general and common name of Grecia made the Greeks alwayes apt to unite ( though otherwise full of divisions amongst themselves ) against other Nations , whom they called Barbarous . The Helvetian Name is no small Band , to knit together their Leagues and Confederacies the faster . The common Name of Spain ( no doubt ) hath been a special means of the better Union and Conglutination of the several Kingdoms of Castile , Aragon , Granada , Navarrc , Valentia , Catalonia and the rest ; comprehending also now lately Portugal . For Language , it is not needful to insist upon it , because both your Majesties Kingdoms are of one Language , though of several Dialects ; and the difference is so small between them , as promiseth rather an enriching of one Language , then a continuance of two . For Laws , which are the principal Sinews of Government , they be of three natures ; Jura , which I will term Freedoms or Abilities , Leges and Mores . For Abilities and Freedoms , they were amongst the Romans of four kinds , or rather degrees . Jus Connubii , Jus Civitatis , and Jus Suffragii , Jus Petitionis , or Honoram . Jus Connubii is a thing in these times , out of use ; for Marriage is open between all diversities of Nations . Jus Civitatis answereth to that we call Denization or Naturalization . Jus Suffragii answereth to the Voice in Parliament . Jus Petitionis answereth to place in Council or Office. And the Romans did many times severe these Freedoms , granting Jus Connubii , sine Civitate ; And Civitatem , sine suffragio ; And Suffragium , sine Jure Petitionis , which was commonly with them the last . For those we called Leges , it is a matter of curiosity and inconveniency , to seek either to extirpate all particular Customs , or to draw all Subjects to one place or resort of Judicature and Session . It sufficeth there be an uniformity in the Principal and Fundamental Laws , both Ecclesiastical and Civil : For in this point , the Rule holdeth which was pronounced by an ancient Father , touching the diversity of Rites in the Church ; For , finding the Vesture of the Queen in the Psalm ( which did prefigure the Church ) was of divers colours ; and finding again , that Christs Coat was without a seam , he concludeth well , In Veste varietas sit , scissura non sit . For Manners , a consent in them is to be sought industriously , but not to be enforced : For nothing amongst people breedeth so much pertinacy in holding their Customs , as suddain and violent offer to remove them . And as for Employments , it is no more but in indifferent hand , and execution of that Verse , Tyrôs , Triusque mihi nullo discrimine agetur . There remaineth only to remember , out of the grounds of Nature , the two conditions of perfect mixture ; whereof the former is Time. For the Natural Philosophers say well , that Compositio is opus Hominis ; and Mistio , opus Naturae . For it is the duty of Man , to make a fit application of Bodies together : But the perfect fermentation and incorporation of them , must be left to Time and Nature ; and unnatural hasting thereof , doth disturb the work , and not dispatch it . So we see , after the Graft is put into the Stock and bound , it must be left to Time and Nature to make that continuum , which at the first was but contiguum . And it is not any continual pressing or thrusting together that will prevent Natures season , but rather hinder it . And so in Liquors , those commixtures which are at the first troubled , grow after clear and settled , by the benefit of rest and time . The second condition is , That the greater draw the less . So we see , when two Lights do meet , the greater doth darken and dim the less . And when a smaller River runneth into a greater , it loseth both his Name and Stream . And hereof , to conclude , wee see an excellent example in the Kingdoms of Judah and Israel . The Kingdom of Judah contained two Tribes ; the Kingdom of Israel contained ten : King David raigned over Judah for certain years ; And after the death of Isbosheth , the Son of Saul obtained likewise the Kingdom of Israel . This Union continued in him , and likewise in his Son Salomon , by the space of seventy years at least , between them both : But yet , because the Seat of the Kingdom was kept still in Judah , and so the lesse sought to draw the greater ; upon the first occasion offered , the Kingdoms brake again , and so continued ever after . Thus having , in all humbleness , made oblation to your Majesty of these simple Fruits of my Devotion and Studies ; I do wish , and do wish it , not in the nature of an impossibility ( to my apprehension ) That this happy Union of your Majesties two Kingdoms of England and Scotland , may be in as good an hour , and under the like Divine Providence , as that was between the Romans and the Sabines . CERTAIN ARTICLES OR CONSIDERATIONS , Touching the Union of the Kingdoms of England and Scotland . Collected and dispersed for His MAJESTIES better Service . YOur Majesty being ( I do not doubt ) directed and conducted by a better Oracle , then that which was given for light to Aeneas in his peregrination , ( Antiquam exquirite Matrem ) hath a Royal , and indeed an Heroical desire , to reduce these two Kingdoms of England and Scotland , into the Unity of their ancient Mother Kingdom of Britain . Wherein , as I would gladly applaud unto your Majesty , or sing aloud that Hymn or Anthem , Sic itur ad Astra ; So in a more soft and submiss voice , I must necessarily remember unto your Majesty , that Warning or Caveat , Ardua , quae pulchra ; It is an action that requireth , yea , and needeth much , not only of your Majesties Wisdom , but of your Felicity . In this Argument , I presumed , at your Majesties first entrance , to write a few Lines indeed Scholastically and Speculatively , and not Actively or Politickly , as I held it fit for me at that time , when neither your Majesty was , in that your desire , declared , nor my self in that Service , used or trusted . But now , that both your Majesty hath opened your desire and purpose , with much admiration , even of those who give it not so full an approbation ; and that my self was by the Commons , graced with the first Vote of all the Commons , selected for that Cause ; Not in any estimation of my ability ( for therein so wise an Assembly could not be so much deceived ) but in an acknowledgement of my extream labours and integrity in that business , I thought my self every wayes bound , both in duty to your Majesty , and in trust to that House of Parliament , and in consent to the matter it self , and in conformity to my own travails and beginnings ; not to neglect any pains that may tend to the furtherance of so excellent a work : Wherein I will indeavour , that that which I shall set down be Nihil minus quam verba : For length and ornament of Speech are to be used for perswasion of Multitudes , and not for information of Kings ; especially such a King , as is the only instance that ever I knew , to make a man of Plato's opinion , That all knowledge is but remembrance , and that the mind of Man knoweth all things , and demandeth only to have her own Notions excited and awaked . Which your Majesties rare and indeed singular gift and faculty of swift apprehension , and infinite expansion or multiplication of another mans knowledge by your own , as I have often observed , so I did extremely admire in Goodwins Cause , being a matter full of Secrets and Mysteries of our Laws , meerly new unto you , and quite out of the path of your Education , Reading and Conference : Wherein , nevertheless , upon a spark of light given , your Majesty took in so dexterously and profoundly , as if you had been indeed Anima Legis , not only in execution , but in understanding : The remembrance whereof , as it will never be out of my mind , So it will alwayes be a warning to me , to seek rather to excite your Judgement briefly , then to inform it tediously ; and if in a matter of that nature , how much more in this , wherein your Princely cogitations have wrought themselves and been conversant , and wherein the principal Light proceeded from your Self . And therefore , my purpose is only to break this matter of the Union into certain short Articles and Questions ; and to make a certain kind of Anatomy or Analysis of the Parts and Members thereof ; not that I am of opinion , that all the Questions which I now shall open , were fit to be in the Consultation of the Commissioners propounded . For I hold nothing so great an enemy to good resolution , as the making of too many questions ; specially in Assemblies , which consist of many . For Princes , for avoiding of distraction , must take many things by way of admittance ; and if questions must be made of them , rather to suffer them to arise from others , then to grace them and authorize them , as propounded from themselves . But unto your Majesties private consideration , to whom it may better sort with me , rather to speak as a Remembrancer , then as a Counceller , I have thought good to lay before you , all the Branches , Lineaments and Degrees of this Union , that upon the view and consideration of them and their circumstances , your Majesty may the more clearly discern , and more readily call to mind , which of them is to be imbraced , and which to be rejected ; And of these which are to be accepted , which of them is presently to be proceeded in , and which to be put over to further time ; And again , which of them shall require Authority of Parliament , and which are fitter to be effected by your Majesties Royal Power and Prerogative , or by other Policies or Means ; And lastly , which of them is liker to pass with difficulty and contradiction , and which with more facility and smoothness : First therefore , to begin with that Question , that I suppose will be out of question . Whether it be not meet , that the Statutes which were made touching Scotland , or the Scots Nation , while the Kingdoms stood severed , be repealed ? It is true , there is a diversity in these ; For some of these Laws consider Scotland as an Enemy Countrey ; Other Laws consider it , as a Forraign Countrey only : As for example , the Law of Rich. 2. Anno 70. which prohibiteth all Armour or Victual to be carried to Scotland ; And the Law of 70. of K. H. the 7. that Enacteth all the Scots Men to depart the Realm , within a time prefixed ; Both these Laws and some others , respect Scotland as a Countrey of hostility : But the Law of 22. of Ed. 4. that endueth Barwick with the Liberty of a Staple , where all Scots Merchandizes should resort , that should be uttered for England ; And likewise all English Merchandizes that should be uttered for Scotland : This Law beholdeth Scotland only as a Forraign Nation , and not so much neither ; for there have been erected Staples in Towns in England for some Commodities , with an exclusion and restriction of other parts of England . But this is a matter of the least difficulty ; your Majesty shall have a Calendar made of the Laws , and a Brief of the Effect , and so you may judge of them : And the like , or reciproque , is to be done by Scotland , for such Laws as they have concerning England and the English Nation . The second Question is , what Laws , Customs , Commissions , Officers , Garrisons and the like , are to be put down , dis-continued or taken away , upon the Borders of both Realms ? This point , because I am not acquainted with the Orders of the Marches , I can say the less . Herein falleth that question , Whether that the Tennants , who hold their Tennant-Rights in a greater freedom and exemption , in consideration of their service , upon the Borders ; and that the Countreys themselves , which are in the same respect , discharged of Subsidies and Taxes , should not now be brought to be in one degree with other Tennants and Countreys ? Nam cessante causâ , tollitur effectus ; wherein , in my opinion , some time would be given , Quia adhuc corum Messis in herbâ est : But some present Ordinance would be made , to take effect at a future time ; considering it is one of the greatest points and marks of the division of the Kingdoms . And because Reason doth dictate , that where the principal Solution of Continuity was , there the healing and consolidating Plaister should be chiefly applyed ; There would be some further device , for the utter and perpetual confounding of those imaginary Bounds ( as your Majesty termeth them ) And therefore , it would be considered , whether it were not convenient to plant and erect at Carleil or Barwick , some Council or Court of Justice , the Jurisdiction whereof might extend part into England , and part into Scotland ; With a Commission , not to proceed precisely , or meerly according to the Laws and Customs either of England or Scotland , but mixtly , according to Instructions by your Majesty to be set down , after the imitation and precedent of the Council of the Marches here in England , erected upon the Union of Wales . The third Question is , that which many will make a great question of , though perhaps , your Majesty will make no question of it ; And that is , Whether your Majesty should not make a stop , or stand here , and not to proceed to any further Union , contenting your Self with the two former Articles or Points ? For it will be said , That we are now well ( thanks be to God ) and your Majesty and the State of neither Kingdom is to be repented of ; And that it is true which Hippocrates saith , That , Sana Corpora difficilè medicationes ferunt ; It is better to make alterations in sick Bodies , then in found . The consideration of which point , will rest upon these two Branches ; What inconveniencies will ensue with time , if the Realms stand as they are divided , which are yet not found nor sprung up . For it may be , the sweetness of your Majesties first entrance , and the great Benefit that both Nations have felt thereby , hath covered many inconveniencies ; Which nevertheless , be your Majesties Government never so gracious and politick , continuance of time and the accidents of time may breed and discover , if the Kingdoms stand divided . The second Branch is , Allow no manifest or important peril or inconvenience should ensue , of the continuing of the Kingdoms divided ; yet , on the other side , whether that , upon the further uniting of them , there be not like to follow that addition and encrease of Wealth and Reputation , as is worthy your Majesties Vertues and Fortune to be the Author and Founder of , for the advancement and exaltation of your Majesties Royal Posterity , in time to come . But , admitting that your Majesty should proceed to this more perfect and entire Union , wherein your Majesty may say , Majus opus moveo ; To enter into the parts and degrees thereof , I think fit , first , to set down , as in a brief Table , in what points the Nations stand now at this present time already united , and in what points yet still severed and divided ; that your Majesty may the better see what is done , and what is to be done ; and how that which is to be done , is to be inferred upon that which is done . The Points wherein the Nations stand already united are , In Soveraignty . In the Relative thereof , which is Subjection . In Religion . In Continent . In Language . And now lastly , by the Peace your Majesty concluded with Spain in Leagues and Confederacies ; For now both Nations have the same Friends and the same Enemies . Yet notwithstanding , there is none of the six Points wherein the Union is perfect and consummate ; But every of them hath some scruple , or rather grain of separation , enwrapped and included in them . For the Soveraignty , the Union is absolute in your Majesty and your Generation ; But if it should so be , ( which God of his infinite mercy defend ) that your Issue should fail , then the descent of both Realms doth resort to the several Lines of the several Blouds Royal. For Subjection , I take the Law of England to be clear , ( what the Law of Scotland is , I know not ) That all Scots men , from the very instant of your Majesties Reign begun , are become Denizens ; And the Post-nati are naturalized Subjects of England , for the time forwards : For , by our Laws , none can be an Alien , but he that is of another Allegiance then our Soveraign Lord the Kings ; For there be but two sorts of Aliens , whereof we find mention in our Law ; an Alien Ami , and an Alien Enemy ; whereof the former is a Subject of a State in amity with the King , and the latter a Subject of a State in hostility : But , whether he be one or other , it is an essential difference unto the definition of an Alien , if he be not of the Kings Allegiance ; As we see it evidently in the precedent of Ireland , who since they were Subjects to the Crown of England , have ever been inheritable and capable , as Natural Subjects ; And yet , not by any Statute or Act of Parliament , but meerly by the common Law , and the Reason thereof . So as there is no doubt , that every Subject in Scotland was and is in like plight and degree , since your Majesties coming in , as if your Majesty had granted particularly your Letters of Denization or Naturalization to every of them , and the Post-nati wholly Natural . But then , on the other side , for the time backwards , and for those that were Ante-nati , the Blood is not by Law naturalized ; So as they cannot take it by descent from their Ancestors , without Act of Parliament . And therefore , in this point , there is a defect in the Union of Subjection . For matter of Religion , the Union is perfect in points of Doctrine ; but in matter of Discipline and Government , it is imperfect . For the Continent ; It is true , there are no natural Boundaries of Mountains or Seas , or Navigable Rivers ; But yet there are Badges and Memorials of Borders : Of which point , I have spoken before . For the Language ; It is true , the Nations are unius Labii , and have not the first curse of disunion , which was Confusion of Tongues , whereby one understood not another : But yet the Dialect is differing , and it remaineth a kind of mark of distinction . But for that , Tempori permittendum , it is to be left to time : For , considering that both Languages do concur in the principal Office and Duty of Language , which is to make a mans self understood ; For the rest , it is rather to be accounted ( as was said ) a diversity of Dialect then of Language ; and as I said in my first Writing , it is like to bring forth the enriching of one Language , by compounding and taking in the proper and significant Words of either Tongue , rather then a continuance of two Languages . For Leagues and Confederacies ; It is true , that neither Nation is now in hostility with any State , wherewith the other Nation is in amity : but yet so , as the Leagues and Treaties have been concluded with either Nation respectively , and not with both jointly ; which may contain some diversity of Articles of straitness with one , more then with the other . But many of these matters may perhaps be of that kind , as may fall within that Rule , In veste variet as sit , scissura non sit . Now to descend to the particular points , wherein the Realms stand severed and divided , over and besides the former six points of separation , which I have noted and placed as the defects or abatements of the six points of the Union , and therefore shall not need to be repeated . The points , I say , yet remaining , I will divide into External and into Internal . The External Points therefore of the separation , are four . 1. The several Crowns ; I mean , the ceremonial and material Crowns . 2. The second is , the several Names , Stiles or Appellations . 3. The third is , the several Prints of the Seals . 4. The fourth is , the several Stamps or Marks of the Coins of Monies . It is true , that the External are , in some respect and parts , much mingled and interlaced with considerations Internal ; and that they may be as effectual to the true Union , which must be the work of time , as the Internal , because they are operative upon the conceits and opinions of the People : The uniting of whose hearts and affections , is the life and true end of this Work. For the Ceremonial Crowns , the question will be , whether there shall be framed one new Imperial Crown of Britain , to be used for the time to come ? Also , admitting that to be thought convenient , whether in the Frame thereof , there shall not be some reference to the Crowns of Ireland and France ? Also , whether your Majesty should repeat or iterate your own Coronation and your Queens ; or only ordain , that such new Crown shall be used by your Posterity hereafter ? The difficulties will be , in the conceit of some inequality , whereby the Realm of Scotland may be thought to be made an accession unto the Realm of England . But that resteth in some circumstances ; for the compounding of the two Crowns is equal ; The calling of the new Crown , The Crown of Britain , is equal . Only the place of Coronation , if it shall be at Westminster , which is the ancient , august and sacred place for the Kings of England , may seem to make an inequality : And again , if the Crown of Scotland be discontinued , then that Ceremony which I hear is used in the Parliament of Scotland , in the absence of the Kings , to have the Crowns carried in solemnity , must likewise cease . For the Name , the main question is , whether the contracted Name of Britain shall be by your Majesty used , or the divided Names of England and Scotland . Admitting there shall be an alteration , then the case will require these following Questions . First , whether the Name of Britain shall not only be used in your Majesties Stile , where the entire Stile is recited ; and in all other forms , the divided Names to remain , both of the Realms and of the People ; Or otherwise , that the very divided Names of Realms and People , shall likewise be changed or turned into special or sub-divided Names of the general Name ; That is to say , for example , whether your Majesty in your Stile , shall denominate your self , King of Britain , France and Ireland , &c. And yet , nevertheless , in any Commission , Writ or otherwise , where your Majesty mentioneth England or Scotland , you shall retain the ancient Names , as Secundum consuetudinem Regni nostri Angliae ; or whether those divided Names shall be for ever lost and taken away , and turned into the sub-divisions of South-Britain and North-Britain , and the People to be South-Britains and North-Britains ; And so in the example foresaid , the Tenour of the like clause to run , Secundum consuetudinem Britanniae Australis . Also , if the former of these shall be thought convenient , whether it were not better for your Majesty , to take that Alteration of Stile upon you by Proclamation , as Edward the third did the Stile of France , then to have it enacted by Parliament ? Also , in the alteration of the Stile , whether it were not better to transpose the Kingdom of Ireland , and put it immediately after Britain , and so place the Islands together ; and the Kingdom of France , being upon the Continent , last ? In regard these Islands of the Western Ocean seem , by Nature and Providence , an entire Empire in themselves ; and also , that there was never King of England so entirely possest of Ireland as your Majesty is : So as your Stile to run , King of Britain , Ireland , and the Islands adjacent , and of France , &c. The difficulties in this have been already throughly beaten over , but they gather but to two Heads . The one , point of Honour , and love to the former Names . The other , Doubt ; left the alteration of the Name may induce and involve an alteration of the Laws and Policies of the Kingdom : Both which , if your Majesty shall assume the Stile by Proclamation , and not by Parliament , are in themselves satisfied : For then the usual Names must needs remain in Writs and Records ; the Forms whereof cannot be altered , but by Act of Parliament , and so the point of Honour satisfied . And again , your Proclamation altereth no Law ; and so the scruple of a tacite or implyed alteration of Laws likewise satisfied . But then , it may be considered , whether it were not a Form of the greatest Honour , if the Parliament , though they did not enact it , yet should become Suiters and Petitioners to your Majesty to assume it ? For the Seals , That there should be but one Great Seal of Britain , and one Chancellor ; and that there should only be a Seal in Scotland for Processes and ordinary Justice ; And that all Patents of Grants of Lands or otherwise , as well in Scotland as in England , should pass under the Great Seal here , kept about your Person : It is alteration Internal whereof I do not now speak . 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 ? 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 . 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 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 , 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 make fewer of Scotland , yet you may make more of England . The second is , touching the Place and Precedence ; wherein , to marshal them according to the Precedence of England in your Majesties Stile , and according to the Nobility of Ireland , that is , all English Earls first , and then Scots , will be thought unequal for Scotland : To marshal them according to Antiquity , will be thought unequal for England , because , I hear their Nobility is generally more ancient : And therefore , the Question will be , whether the indifferentest way were not , to take them interchangeably ; As for example , first the ancient Earl of England , and then the ancient Earl of Scotland : And so Alternis vicibus . 5. Laws . For the Laws , to make an entire and perfect Union , it is a matter of great difficulty and length , both in the collecting of them , and in the passing of them . For , first , as to the collecting of them , there must be made by the Lawyers of either Nation , a Disgest , under Titles , of their several Laws and Customs , as well Common Laws , as Statutes ; that they may be collated and compared , and that the diversities may appear and be discerned of . And for the passing of them , we see by experience , that Patrius Mos , is dear to all men , and that men are bred and nourished up in the love of it ; and therefore , how harsh Changes and Innovations are . And we see likewise , what Disputation and Argument the alteration of some one Law doth cause and bring forth ; How much more the alteration of the whole Corps of the Law ? Therefore , the first Question will be , whether it be not good to proceed by parts , and to take that that is most necessary , and leave the rest to time ? The parts therefore , or subject of Laws , are for this purpose , fitliest distributed , according to that ordinary didivision of Criminal and Civil ; and those of Criminal Causes , into Capital and Penal . The second Question therefore is , Allowing the general Union of Laws to be too great a Work to embrace , whether it were not convenient , that Cases Capital were the same in both Nations ? I say the Cases , I do not speak of the Proceedings or Trials ; That is to say , whether the same Offences were not fit to be made Treason or Fellony in both places ? The third Question is , whether Cases Penal , though not Capital , yet if they concern the Publick State , or otherwise the discipline of Manners , were not fit likewise to be brought into one degree ? As the case of Misprision of Treason , the Case of Premunire , the Case of Fugitives , the Case of Incest , the Case of Simony and the rest . But the Question , that is more urgent then any of these , is , Whether these Cases , at the least , be they of an higher or inferiour degree , wherein the Fact committed or Act done in Scotland , may prejudice the State and Subjects of England , or è converso ; are not to be reduced to one uniformity of Law and Punishment ? As for example , a Perjury committed in a Court of Justice in Scotland , cannot be prejudicial in England , because Depositions taken in Scotland , cannot be produced and used here in England . But a Forgery of a Deed in Scotland , I mean with a false date of England , may be used and given in evidence in England . So likewise , the depopulating of a Town in Scotland , doth not directly prejudice the State of England : But if an English Merchant shall carry Silver and Gold into Scotland , ( as he may ) and thence transport it into Forraign Parts , this prejudiceth the State of England , and may be an evasion to all the Laws of England ordained in that case : and therefore , had need to be bridled with as severe a Law in Scotland , as it is here in England . Of this kind , there are many Laws . The Law of the 50. of Rich. the 2. of going over without Licence , if there be not the like Law in Scotland , will be frustrated and evaded : For any Subject of England , may go first into Scotland , and thence into Forraign parts . So the Laws prohibiting transportation of sundry Commodities , as Gold and Silver , Ordnance , Artillery , Corn , & c. if there be not a correspondence of Laws in Scotland , will in like manner be deluded and frustrate : For any English Merchant or Subject may carry such Commodities first into Scotland , as well as he may carry them from Port to Port in England ; And out of Scotland to Forraign parts , without any peril of Law. So Libels may be devised and written in Scotland , and published and scattered in England . Treasons may be plotted in Scotland , and executed in England . And so in many other cases , if there be not the like severity of Law in Scotland , to restrain offences , that there is in England ( whereof we are here ignorant , whether there be or no ) it will be a gap or stop , even for English Subjects , to escape and avoid the Laws of England . But for Treasons , the best is , that by the Statute of 26. King Hen. the 8 th . Cap. 13. any Treason committed in Scotland , may be proceeded with in England , as well as Treasons committed in France , Rome , or elsewhere . 6. Courts of Justice , and Administration of Laws . For Courts of Justice , Trials , Processes , and other Administration of Laws , to make any alteration in either Nation , it will be a thing so new and unwonted to either People , that it may be doubted , it will make the Administration of Justice ( which of all other things , ought to be known and certain , as a beaten way ) to become intricate and uncertain : And besides , I do not see that the severalty of Administration of Justice , though it be by Court Soveraign of last resort , ( I mean , without appeal or errour ) is any impediment at all to the Union of a Kingdom : As we see by experience , in the several Courts of Parliament in the Kingdom of France . And I have been alwayes of opinion , that the Subjects of England do already fetch Justice somewhat far off , more then in any Nation that I know , the largeness of the Kingdom considered , though it be holpen in some part , by the Circuits of the Judges , and the two Councils at York , and in the Marches of Wales established . But it may be a good Question , whether as commune vinculum , of the Justice of both Nations , your Majesty should not erect some Court about your Person , in the nature of the Grand Council of France ; To which Court you might , by way of evocation , draw Causes from the ordinary Judges of both Nations ; For so doth the French King from all the Courts of Parliament in France ; many of which are more remote from Paris , then any part of Scotland is from London . 7. Receipts , Finances , and Patrimonies of the Crown . For Receipts and Finances , I see no Question will arise ; in regard it will be matter of necessity , to establish in Scotland a Receipt of Treasure , for Payments and Erogations to be made in those parts : And for the Treasure of Spare , in either Receipts , the custodies thereof may well be several ; considering , by your Majesties Commandment , they may be at all times removed or disposed , according to your Majesties occasions . For the Patrimonies of both Crowns , I see no Question will arise ; except your Majesty would be pleased to make one compounded Annexation for an inseparable Patrimony to the Crown , out of the Lands of both Nations ; And so the like for the Principality of Britain , and for other Appen●ages , of the rest of your Children ; Erecting likewise such Dutchies and Honours , compounded of the Possessions of both Nations , as shall be thought fit . 8. Admiralty , Navy and Merchandizing . For Admiralty or Navy , I see no great question will arise ; For I see no inconvenience your Majesty to continue Shipping in Scotland . And for the Jurisdictions of the Admiralties , and the Profits and Casualties of them , they will be respective unto the Coasts over against which the Seas lye and are situated , As it is here with the Admiralties of England . And for Merchandizing , it may be a question , whether that the Companies of the Merchant-Adventurers of the Turky Merchants and the Muscovy Merchants ( if they shall be continued ) should not be compounded of Merchants of both Nations , English and Scots ? For , to leave Trade free in the one Nation , and to have it restrained in the other , may , per-case , breed some inconvenience . 9. Freedoms and Liberties . For Freedoms and Liberties , the Charter of both Nations may be reviewed ; And of such Liberties as are agreeable and convenient for the Subjects and People of both Nations , one Great Charter may be made and confirmed to the Subjects of Britain ; And those Liberties which are peculiar or proper to either Nation , to stand in State as they do . 10. Taxes and Imposts . But for Imposts and Customs , it will be a great Question how to accommodate them , and reconcile them : For , if they be much easier in Scotland then they be here in England , ( which is a thing I know not ) then this inconvenience will follow , That the Merchants of England may unlade in the Ports of Scotland , and this Kingdom to be served from thence , and your Majesties Customs abated . And for the Question , whether the Scots Merchants should pay Strangers Custom in England ? That resteth upon the point of Naturalization , which I touched before . Thus have I made your Majesty a brief and naked Memorial , of the Articles and Points of this great Cause ; which may serve only to excite and stir up your Majesties Royal Judgement , and the Judgements of wiser men , whom you will be pleased to call to it : Wherein I will not presume to perswade , or disswade any thing , nor to interpose mine own opinion ; but expect light from your Majesties Royal Directions , unto the which , I shall ever submit my Judgement , and apply my Travails . And I most humbly pray your Majesty , in this which is done , to pardon my errors , and to cover them with my good intention and meaning , and desire I have to do your Majesty service , and to acquit the Trust that was reposed in me ; And chiefly , in your Majesties benign and gracious Acceptation . FINIS . Notes, typically marginal, from the original text Notes for div A28517-e480 Statutes concerning Scotland , and the Scots Nation . Laws , Customs , Commissions , Officers of the Borders or Marches . Further Union , besides the removing of inconvenient and dissenting Laws and Usages . Points wherein the Nations stand already united . Soveraignty : Line-Royal . Subjection . Obedience . Alien . Naturalization . Religion , Church . Government . Continent , Borders . Language , Dialect . Leagues , Confederacies , Treaties . External Points of the Separation and Union . The Ceremonial or Material Crown . The Stiles and Names . The Seals . The Standards and Stamps , Moneys . Internal Points of Union .