HIS majesties SPEECH TO BOTH the Houses of Parliament, in his Highnesse great Chamber at Whitehall, the day of the adjournment of the last Session, Which was the last day of March 1607. ¶ IMPRINTED AT London by Robert Barker, Printer to the Kings most Excellent majesty. ¶ To the Reader. having received( gentle Reader) diuers and different Copies of his majesties Speech to this last Session of Parliament in Whitehall, at their recession in the Passion week; my labour hath been to confer all these copies together, and with the help of some gentlemen that were auditors thereof, to make such an extraction as J here present unto thee. Which though J dare not maintain to bee a true and full relation of all his majesty spake, as being far short both of the life of his majesties eloquent phrases, and fullness of the matter: yet seeing( as I hope) it contains most of the substantial reasons and Arguments that therein were uttered, and that it is a thing desired by so many, though not rightly related by any, J haue taken the boldness to present it unto thee, such as it is, being the rather at mine own suite permitted to Print it, for eschewing the wrong that might be done unto thee, by the publishing of so many false copies that begin already to be spread thereof. And thus hoping of thy kind acceptance of this my well meant labour, J bid thee farewell. HIS majesties SPEECH TO BOTH the Houses of Parliament, in his Highnesse great Chamber at Whitehall, the day of the adjournment of the last Session, which was the last day of March 1607. MY Lords of the higher House, and you Knights & Burgesses of the Lower house, All men at the beginning of a Feast bring forth good wine first, and after, worse. This was the saying of the governor of the Feast at Cana in galilee, where CHRIST wrought his first miracle by changing water into wine. But in this case now whereof I am to speak unto you, I must follow that Gouernours rule, and not CHRISTS example, in giuing you the worst and sowrest wine last. For all the time of this long Session of the Parliament you haue been so fed and cloyed,( specially you of the Lower house) with such banquets, and choice of delicate speeches, and your ears so seasoned with the sweetness of long precogitate Orations; as this my Speech now in the breaking up of this Assembly, cannot but appear unto your taste as the worst wine proposed in the end of the Banquet, since I am onely to deliver now unto you matter without curious form, substance without ceremony, truth in all sincerity. Yet considering the Person that speaketh, the parties to whom I speak, the matter whereof I mean to speak; it fits better to utter matter, rather then words, in regard of the greatness of my place who am to speak to you, the gravity of you the auditory, which is the high Court of Parliament; the weight of the matter, which concerns the security and establishment of this whole Empire, and little world. Studied Orations and much eloquence vpon little matter is fit for the universities, where not the subject which is spoken of, but the trial of his wit that speaketh, is most commendable: but on the contrary, in all great councils of Parliaments fewest words with most matter doth become best, where the dispatch of the great errandes in hand, and not the praise of the person is most to be looked unto: like the garment of a chased woman, who is onely set forth by her natural beauty, which is properly her own: other deckings are but ensigns of an harlot that flies with borrowed feathers. And besides the conveniency, I am forced hereunto by necessity, my place calling me to action, and not leaving me to the liberty of contemplation, having always my thoughts busied with the public care of you all, where every one of you having but himself and his own private to think of, are at more leisure to make studied speeches. And therefore the matter which I deliver you confusedly as in a sack, I leave it to you when you are in your chambers, and haue better leisure then I can haue, to rank them in order, every one in their own place. Thus much by way of Preface. But I proceed to the matter. Whereof I might say with S. Paul, I could speak in as many tongues as you all, but I had rather speak three words to edification, then talk all day without understanding. In vain( saith the Psalmist) doth the builder build the house, or the watchman watch the city, unless the Lord give his blessing thereunto. And in the New Testament S. Paul saith, That he may plant, Apollo may water, but it is GOD onely that must give the increase. This I speak, because of the long time which hath been spent about the treaty of the union. For myself, I protest unto you all, When I first propounded the union, I then thought there could haue been no more question of it, then of your declaration and acknowledgement of my Right unto this crown, and that, as two twins, they would haue grown up together. The error was my mistaking; I knew mine own end, but not others fears. But now finding many crossings, long disputations, strange questions, and nothing done; I must needs think it proceeds either of mistaking of the errand, or else from some iealousy of me the Propounder, that you so add delay unto delay, searching out as it were the very bowels of curiosity, and conclude nothing. Neither can I condemn you for being yet in some iealousy of my intention in this matter, having not yet had so great experience of my behaviour and inclination in these few yeeres past, as you may peradventure haue in a longer time hereafter, and not having occasion to consult daily with myself, and hear mine own opinion in all those particulars which are debated among you. But here I pray you now mistake me not at the first, when as I seem to find fault with your delays and curiosity, as if I would haue you to resolve in an houres time, that which will take a moneths advisement: for you all know, that Rex est Lex loquens, and you haue oft heard me say, That the Kings will and intention being the speaking Law, ought to be luke clarius: and I hope you of the Lower house haue the proof of this my clearness by a Bill sent you down from the Vpper house within these few dayes, or rather few houres: wherein may very well appear unto you the care I haue to put my Subiects in a good security of their possessions for all posterities to come. And therefore that you may clearly understand my meaning in that point, I do freely confess, you had reason to aduise at leisure vpon so great a cause: for great matters do ever require great deliberation before they bee well concluded. Deliberandum est diu quod statuendum est semel. Consultations must proceed lento pede, but the execution of a sentence vpon the resolution would be speedy. If you will go on, it matters not though you go with leaden feet, so you make still some progress, and that there be no let or needless delay, and do not Nodum in scirpo quaerere. I am ever for the Medium in every thing. between foolish rashness and extreme length, there is a middle way. Search all that is reasonable, but omit that which is idle, curious and unnecessary; otherwise, there can never be a resolution or end in any good work. And now from the general I will descend to particulars, and will onely for the ease of your memories divide the matter that I am to speak of, into four heads, by opening unto you, First, what I crave: Secondly, in what manner I desire it: Thirdly, what commodities will ensue to both the Kingdoms by it: Fourthly, what the supposed inconveniency may be that gives impediments thereunto. For the first, what I crave, I protest before God who knows my heart, and to you my People before whom it were a shane to lye, that I claim nothing but with acknowledgement of my Bond to you; that as ye owe to me subiection and obedience: So my sovereignty obligeth me to yield to your love government and protection: Neither did I ever wish any happiness to myself, which was not conjoined with the happiness of my people. I desire a perfect union of laws and Persons, and such a Naturalizing as may make one body of both kingdoms under me your King, That I and my posterity( if it so please God) may rule over you to the worlds end; Such an union as was of the Scots and picks in Scotland, and of the heptarchy here in England. And for Scotland I avow such an union as if you had got it by Conquest, but such a Conquest as may be cemented by love, the onely sure bond of subiection or friendship: that as there is over both but vnus Rex, so there may bee in both but vnus Grex & vna Lex: For no more possible is it for one King to govern two Countreys Contiguous, the one a great, the other a less, a richer and a poorer, the greater drawing like an Adamant the lesser to the Commodities therof, then for one head to govern two bodies, or one man to bee husband of two wives, whereof Christ himself said, Ab initio non fuit sic. But in the general union you must observe two things: for I will discover my thoughts plainly unto you; I study clearness, not eloquence, And therefore with the old Philosophers, I would hearty wish my breast were a transparent glass for you all to see through, that you might look into my heart, and then would you bee satisfied of my meaning. For when I speak of a perfect union, I mean not confusion of all things: you must not take from Scotland those particular privileges that may stand as well with this union, as in England many particular customs in particular Shires,( as the customs of Kent, and the Royalties of the county Palatine of Chester) do with the Common Law of the kingdom: for every particular shire almost, and much more every county, haue some particular customs that are as it were naturally most fit for that people. But I mean of such a general union of laws as may reduce the whole island, that as they live already under one Monarch, so they may all bee governed by one Law. For I must needs confess by that little experience I haue had since my coming hither, and I think I am able to prove it, that the grounds of the Common Lawe of England, are the best of any Law in the world, either civil or municipal, and the fittest for this people. But as every Law would be clear and full, so the obscurity in some points of this our written Lawe, and want of fullness in others, the variation of Cases and mens curiosity breeding every day new questions, hath enforced the Iudges to judge in many Cases here, by Cases and presidents, wherein I hope Lawyers themselves will not deny but that there must be a great uncertainty, and I am sure all the rest of you that are Gentlemen of other professions were long ago weary of it, if you could haue had it amended. For where there is variety and uncertainty, although a just judge may do rightly, yet an ill judge may take advantage to do wrong: and then are all honest men that succeed him, tied in a maner to his unjust and partial conclusions. Wherefore, leave not the Lawe to the pleasure of the judge, but let your laws bee looked into: for I desire not the abolishing of the laws, but onely the clearing and the sweeping of the rust of them, and that by Parliament our laws might bee cleared and made known to all the Subiects. Yea rather it were less hurt, that all the approved Cases were set down and allowed by Parliament for standing laws in all time to come. For although some of them peradventure may be unjust as set down by corrupt Iudges; yet better it is to haue a certain Lawe with some spots in it, nor live under such an uncertain and arbitrary Law, since as the proverb is, It is less harm to suffer an inconvenience then a mischief. And now may you haue faire occasion of amending and polishing your laws, when Scotland is to bee united with you under them: for who can blame Scotland to say, If you will take away our own laws, I pray you give us a better and clearer in place thereof. But this is not possible to be done without a fit preparation. he that buildeth a Ship, must first provide the timber; and as Christ himself said, No man will build an house, but he will first provide the materials: nor a wise king will not make war against another, without he first make provision of money: and all great works must haue their preparation: and that was my end in causing the Instrument of the union to be made. union is a marriage: would he not be thought absurd that for furthering of a marriage between two friends of his, would make his first motion to haue the two parties be laid in bed together, and perform the other turns of marriage? must there not precede the mutual sight and acquaintance of the parties one with another, the conditions of the contract, and Ioincture to be talked of and agreed vpon by their friends, and such other things as in order ought to go before the ending of such a work? The union is an eternal agreement and reconciliation of many long bloody warres that haue been between these two ancient kingdoms. Is it the readiest way to agree a private quarrel between two, to bring them at the first to shake hands, and as it were kiss other, and lye under one roof or rather in one bed together, before that first the ground of their quarrel be communed vpon, their mindes mitigated, their affections prepared, and all other circumstances first used, that ought to be used to proceed to such a final agreement? every honest man desireth a perfect union, but they that say so, and admit no preparation thereto, haue mell in ore, fel in cord. If after your so long talk of union in all this long Session of Parliament, ye rise without agreeing vpon any particular; what will the neighbour Princes judge, whose eyes are all fixed vpon the conclusion of this Action, but that the King is refused in his desire, whereby the Nation should be taxed, and the King disgraced? And what an ill preparation is it for the mindes of Scotland toward the union, when they shall hear that ill is spoken of their whole Nation, but nothing is done nor advanced in the matter of the union itself? But this I am glad was but the fault of one, and one is no number: yet haue your neighbours of Scotland this advantage of you, that none of them hath spoken ill of you( nor shall as long as I am King) in Parliament, or any such public place of judicature. Consider therefore well, if the mindes of Scotland had not need to be well prepared to persuade their mutual consent, seeing you here haue all the great advantage by the union. Is not here the personal residence of the King, his whole Court and family? Is not here the seat of Iustice, and the fountain of government? must they not be subjecteth to the laws of England, and so with time become but as Cumberland and Northumberland, and those other remote and northern Shires? you are to be the husband, they the wife: you conquerors, they as conquered, though not by the sword, but by the sweet and sure bond of love. Besides that, they as other northern Countreys will be seldom seen and saluted by their King, and that as it were but in a posting or hunting journey. How little cause then they may haue of such a change of so ancient a monarchy into the case of private Shires, judge rightly herein. And that you may bee the more upright Iudges, suppose yourselves the Patients of whom such sentence should bee given. But what preparation is it which I crave? onely such as by the entrance may show something is done, yet more is intended. There is a conceit entertained, and a double iealousy possesseth many, wherein I am misiudged. First, that this union will be the Crisis to the overthrow of England, and setting up of Scotland: England will then bee overwhelmed by the swarming of the Scots, who if the union were effected, would reign and rule all. The second is, my profuse liberality to the Scottish men more then the English, and that with this union all things shalbe given to them, and you turned out of all: To you shall be left the sweat and labour, to them shall bee given the fruit and sweet; and that my forbearance is but till this union may bee gained. How agreeable this is to the truth, judge you; And that not by my words, but by my Actions. do I crave the union without exceptions? do I not offer to bind myself and to reserve to you, as in the Instrument, all places of judicature? do I intend any thing which standeth not with the equal good of both Nations? I could then haue done it, and not spoken of it: For all men of understanding must agree, that I might dispose without assent of Parliament, Offices of judicature, and others, both ecclesiastical and temporal. But herein I did voluntarily offer by my Letters from Royston to the Commissioners, to bind my prerogative. Some think that I will draw the Scottish Nation hither, talking idly of transporting of Trees out of a barren ground into a better, and of lean cattle out of bad pasture into a more fertile soil. Can any man displant you, unless you will? or can any man think that Scotland is so strong to pull you out of your houses? or do you not think I know England hath more people, Scotland more wast ground? So that there is roumth in Scotland rather to plant your idle people that swarm in London streets, and other towns, and disburden you of them, then to bring more unto you; And in cases of Iustice, if I be partial to either side, let my own mouth condemn me, as unworthy to be your King. I appeal to yourselves, if in favour or Iustice I haue been partial. Nay, my intention was ever, you should then haue most cause to praise my discretion, when you saw I had most power. If hitherto I haue done nothing to your prejudice, much less mean I hereafter. If when I might haue done it without any breach of promise; think so of me, that much less I will do it, when a Law is to restrain me. I owe no more to the Scottish men then to the English. I was born there, and sworn here, and now reign over both. Such particular persons of the Scottish Nation, as might claim any extraordinary merit at my hands, I haue already reasonably rewarded, and I can assure you that there is none left, whom for I mean extraordinary to strain myself further, then in such ordinary benefit as I may equally bestow without mine own great hurt, vpon any subject of either Nation; In which case no Kings hands can ever be fully closed. To both I owe Iustice and protection, which with Gods grace I shall ever equally balance. For my liberality, I haue told you of it heretofore: my three first yeeres were to me as a Christmas, I could not then bee miserable: should I haue been ouersparing to them? they might haue thought joseph had forgotten his brethren, or that the King had been drunk with his new kingdom. But suits go not so cheap as they were wont, neither are there so many sees taken in the Hamper and Pettibagge for the great seal as hath been. And if I did respect the English when I came first, of whom I was received with ioy, and came as in a hunting journey, what might the Scottish haue justly said, if I had not in some measure dealt bountifully with them that so long had served me, so far adventured themselves with me, and been so faithful to me. I haue given you now four yeeres proof since my coming, and what I might haue done more to haue raised the Scottish nation you all know, and the longer I live, the less cause haue I to be acquainted with them, and so the less hope of extraordinary favour towards them: For since my coming from them I do not already know the one half of them by face, most of the youth being now risen up to be men, who were but children when I was there, and more are born since my coming thence. Now for my lands and revenues of my crown which you may think I haue diminished, they are not yet so far diminished, but that I think no prince of christendom hath fairer possessions to his crown then yet I haue, and in token of my care to preserve the same to my posterity for ever, the entail of my lands to the crown hath been long ago offered unto you: and that it is not yet done, is not my fault as you know. My Treasurer here knoweth my care, and hath already in part declared it, and if I did not hope to triple my revenue more then I haue impaired it, I should never rest quietly in my bed. But notwithstanding my coming to the crown, with that extraordinary applause which you all know, and that. I had two Nations to be the objects of my liberality, which never any Prince had here before; will you compare my gifts out of mine inheritance with some Princes here that had onely this Nation to respect, and whose whole time of reign was little longer then mine hath been already? It will be found that their gifts haue far surpassed mine, albeit as I haue already said, they had nothing so great cause of using their liberality. For the maner of the union presently desired, It standeth in 3. parts: The first, Secondly taking away of hostile laws: for since there can be now no Warres betwixt you, is it not reason hostile laws should cease? For, deficiente causa deficit effectus. The King of England now cannot haue warres with the King of Scotland, therefore this failes of itself. The second is community of Commerce. I am no stranger unto you: for you all know I came from the loins of your ancient Kings. They of Scotland be my Subiects as you are. But how can I bee natural Liege Lord to you both, and you strangers one to the other? Shall they which be of one allegiance with you, be no better respected of you, nor freer amongst you, then Frenchmen and Spaniards, since I am sovereign over both? You as Subiects to one King, it must needs follow that you converse and haue Commerce together. There is a rumour of some ill dealings that should bee used by the Commissioners, Merchants of Scotland. They be here in England, and shall remain till your next meeting, and abide trial, to prove themselves either honest men or knaves. For the third point, of naturalisation, Thirdly. All you agree that they are no Aliens, and yet will not allow them to bee natural. What kind of prerogative will you make? But for the Post nati, your own Lawyers and Iudges at my first coming to this crown, informed me, there was a difference between the Antè and the Post nati of each kingdoms, which caused me to publish a Proclamation, that the Post nati were naturalised ( Ipso facto) by my Accession to this crown. I do not deny but Iudges may err as men, and therefore I do not press you here to swear to all their reasons. I onely urge at this time the conveniency for both kingdoms, neither pressing you to judge nor to bee judged. But remember also it is as possible and likely your own Lawyers may err as the Iudges. Therefore as I wish you to proceed herein so far as may tend to the weal of both Nations: So would I haue you oh the other part to beware to disgrace either my Proclamations or the Iudges, who when the Parliament is done, haue power to try your lands and lives, for so you may disgrace both your King and your laws. For the doing of any act that may procure less reverence to the Iudges, cannot but breed a looseness in the government, and a disgrace to the whole Nation. The reason that most moves me for ought I haue yet heard, that there cannot but bee a difference between the Antè nati and the Post nati, and that in the favour of the last, is that they must bee nearer unto you being born under the present government and common allegiance: but in point of conveniency, there is no question but the Post nati are more to bee respected, For if you would haue a perfect and perpetual union, that cannot bee in the Antè nati, who are but few in comparison of those that shall be in all Ages succeeding and cannot live long. But in the Post nati shall the union be continued and live ever age after age, which wanting a difference cannot but leave a perpetual mark of separation in the work of the union: as also that argument of iealousy will be so far removed in the case of the Post nati which are to reap the benefit in all succeeding Ages, as by the contrary there will then rise Pharaos which never knew joseph. The Kings my successors, who being born and bread here, can never haue more occasion of acquaintance with the Scottish nation in general, then any other English King that was before my time. Be not therefore abafed with the flattering speeches of such as would haue the Antè nati preferred, alleging their merit in my service, and such other reasons which indeed are but sophisms. For, my rewarding out of my liberality of any particular men, hath nothing ado with the general act of the union, which must not regard the deserts of private persons, but the general weal and conjoining of the Nations. Besides that, the actual Naturalizing, which is the onely point that is in your hands, is already granted to by yourselves to the most part of such particular persons as can haue any use of it here: and if any other well deserving men were to sue for it hereafter, I doubt not but there would never be question moved among you for the granting of it. And therefore it is most evident, that such discoursers haue mell in ore, fel in cord, as I said before; carrying an outward appearance of love to the union, but indeed a contrary resolution in their hearts. And as for limitations and respectations, such as shall by me be agreed vpon to be reasonable and necessary after you haue fully debated vpon them, you may assure yourselves I will with indifferency grant what is requisite without partial respect of Scotland I am, as I haue often said, born and sworn king over both kingdoms; onely this far let me entreat you, in debating the point at your next meeting, That ye be as ready to resolve doubts as to move them, and to be satisfied when doubts are cleared. And as for Commodities that come by he union of these kingdoms, Third. they are great and evident; Peace, plenty, love, free Intercourse and common society of two great Nations. All foreign Kings that haue sent their ambassadors to congratulate with me since my coming, haue saluted me as Monarch of the whole Isle, and with much more respect of my greatness, then if I were King alone of one of these realms: and with what comfort do yourselves behold Irish, Scottish, Welsh, and English, diuers in Nation, yet all walking as Subiects and seruants within my Court, and all living under the allegiance of your King, besides the honour and lustre that the increase of gallant men in the Court of diuers Nations carries in the eyes of all strangers that repair hither? Those confining places which were the Borders of the two kingdoms, where heretofore much blood was shed, and many of your ancestors lost their lives; yea, that lay waste and desolate, and were habitations but for runagates, are now become the navel or Vmbilicke of both kingdoms, planted and peopled with civility and riches: their Churches begin to be planted, their doors stand now open, they fear neither robbing nor spoiling: and where there was nothing before heard nor seen in those parts but bloodshed, oppressions, complaints and outcries, they now live every man peaceably under his own figgetree, and all their former cries and complaints turned onely into prayers to God for their King, under whom they enjoy such ease and happy quietness. The Marches beyond and on this side tweed, are as fruitful and as peaceable as most parts of England: If after all this there shall be a Scissure, what inconvenience will follow, judge you. And as for the inconveniences that are feared on Englands part, It is alleged, that the Scots are a populous Nation, they shall be harboured in our nests, they shall be planted and flourish in our good soil, they shall eat our commons bare, and make us lean: These are foolish and idle surmises. That which you possess, they are not to enjoy; by Law they cannot, nor by my partiality they shall not: for set apart conscience and honour,( which if I should set apart indeed, I had rather wish myself to be set apart and out of all being) can any man conclude either out of common reason or good policy, that I will prefer those which perhaps I shall never see, or but by post for a month, before those with whom I must always dwell? Can they conquer or overcome you with swarms of people, as the Goths and the Vandals did Italy? Surely the world knows they are nothing so populous as you are: and although they haue had the honour and good fortune never to be conquered, yet were they ever but vpon the defensive part, and may in a part thank their hills and inaccessible passages that preserved them from an utter overthrow at the hands of all that pretended to conquer them. Or are they so very poor and miserable in their own habitations, that necessity should force them all to make incursions among you? And for my part, when I haue two Nations under my government, can you imagine I will respect the lesser, and neglect the greater? would I not think it a less evil and hazard to me that the plague were at Northampton or berwick, then at London, so near Westminster, the Seat of my habitation, and of my wife and children? will not a man be more careful to quench the fire taken in his nearest neighbours house, then if a whole town were a fire far from him? You know that I am careful to preserve the woods & game through all England, nay, through all the Isle: yet none of you doubts, but that I would bee more offended with any disorder in the forest of Waltham, for stealing of a stag there, which lieth as it were under my nose, and in a maner joineth with my garden, then with cutting of timber, or stealing of a dear in any forest of the North parts of yorkshire or the bishopric. think you that I will prefer them that be absent, less powerful, and farther off to do me good or hurt, before you, with whom my security and living must be, and where I desire to plant my posterity? If I might by any such favours raise myself to a greatness, it might bee probable: All I cannot draw, and to lose a whole state here to please a few there, were madness. I need speak no more of this with protestations. speak but of a wit, it is not likely: and to doubt of my intention in this, were more then devilish. For mine own part, I offer more then I receive, and conveniency I prefer before law, in this point. For, three parts, wherein I might hurt this Nation, by partiality to the Scots, you know do absolutely lye in my hands and power: for either in disposition of rents, or whatsoever benefit, or in the preferring of them to any dignity or office, civil or ecclesiastical, or in calling them to the Parliament, it doth all fully and onely lye within the compass of my prerogative, which are the parts wherein the Scottish men can receive either benefit or inditement by the union, and wherein for the care I haue of this people, I am content to bind myself with some reasonable restrictions. As for the fourth part, the naturalizing, which onely lieth in your hands; It is the point wherein they receive least benefit of any: for in that they can obtain nothing, but what they buy by their purse, or acquire by the self same means that you do. And as for the point of naturalizing, which is the point thought so fit, and so precisely belonging to Parliament: not to speak of the Common lawe, wherein as yet I can profess no great knowledge, but in the civil law wherein I am a little better versed, and which in the point of Coniunction of Nations should bear a great sway, it being the Law of Nations: I will maintain two principles in it, which no learned and grave civilian will deny, as being clearly to be proved, both out of the text itself in many places, and also out of the best approved doctors and interpreters of that law, The one, that it is a special point of the Kings own prerogative, to make Aliens Citizens, and donare civitate, The other, that in any case wherein the Law is thought not to be cleared( as some of yourselves do doubt, that in this case of the post nati, the Law of England doth not clearly determine) then in such a question wherein no positive Law is resolute, Rex est judex, for he is Lex loquens, and is to supply the law, where the law wants, and if many famous histories be to be believed, they give the example for maintaining of this law in the persons of the Kings of England and France especially, whose special prerogative they allege it to be. But this I speak onely as knowing what belongeth to a King, although in this case I press no further then that which may agree with your loues, and stand with the weal and conveniency of both Nations. And whereas some may think this union will bring prejudice to some towns and Corporations within England: It may be, a Merchant or two of bristol, or Yarmouth, may haue an hundred pounds less in his pack. But if the Empire gain, and become the greater, it is no matter: You see one Corporation is ever against another, and no private company can be set up, but with some loss to another. For the supposed inconveniences rising from Scotland, Fourth. they are three. First, that there is an evil affection in the Scottish Nation to the union. Next, the union is incompatible between two such Nations. Thirdly, that the gain is small or none. If this be so, to what end do we talk of an union? For proof of the first point, there is alleged an auersenesse in the Scottish Nation expressed in the Instrument, both in the preface and body of their Act; In the preface, where they declare, That they will remain an absolute and free monarchy; And in the body of the act, where they make an exception of the ancient fundamental laws of that kingdom. And first for the general of their auersenesse, All the main current in your Lower-house ran this whole Session of Parliament with that opinion, That Scotland was so greedy of this union, and apprehended that they should receive so much benefit by it, as they cared not for the strictness of any conditions, so they might attain to the substance: And yet you now say, they are backward and averse from the union. This is a direct contradiction in adiecto: For, how can they both bee beggars and backward, in one and the self same thing, at the same time? But for answer to the particulars, It is an old school point, Eius est explicare, cuius est condere. You cannot interpret their laws, nor they yours; I that made them with their assent, can best expound them. And first I confess, that the English Parliaments are so long, and the Scottish so short, that a mean between them would do well: For the shortness of their continuing together, was the cause of their hasty mistaking, by setting these words of exception of fundamental laws in the body of the act, which they onely did in pressing to imitate word by word the English Instrument, wherein the same words be contained in your Preface. And as to their meaning and interpretation of that word, I will not onely deliver it unto you out of mine own conceit, but as it was delivered unto me by the best Lawyers of Scotland, both counsellors and other Lawyers, who were at the making thereof in Scotland, and were Commissioners here for performance of the same. Their meaning in the word of fundamental laws, you shall perceive more fully hereafter, when I handle the objection of the difference of laws: For they intend thereby onely those laws whereby confusion is avoyded, and their Kings descent maintained, and the heritage of the succession and monarchy, which hath been a kingdom, to which I am in descent, 300. yeeres before CHRIST: Not meaning it, as you do, of their Common Law, for they haue none, but that which is called Ius Regis: and their desire of continuing a free monarchy, was onely meant, That al such particular privileges( whereof I spake before) should not bee so confounded, as for want either of Magistrate, Law, or order, they might fall in such a confusion, as to become like a naked province, without Law or liberty under this kingdom. I hope you mean not I should set Garrisons over them, as the Spaniards do over Sicily and Naples, or govern them by Commissioners, which are seldom found succeedingly all wise and honest men. This I must say for Scotland, and I may truly vaunt it; Here I sit and govern it with my Pen, I writ and it is done, and by a clerk of the council I govern Scotland now, which others could not do by the sword. And for their auersenesse in their heart against the union, It is true indeed, I protest they did never crave this union of me, nor sought it either in private, or the State by letters, nor ever once did any of that Nation press me forward or wish me to accelerate that business. But on the other part, they offered always to obey me when it should come to them, and all honest men that desire my greatness haue been thus minded, for the personal reverence and regard they bear unto my Person, and any of my reasonable and just desires. I know there are many Piggots amongst them, I mean a number of seditious and discontented particular persons, as must be in all Common-wealths, that where they dare, may peradventure talk lewdly enough: but no Scottish man ever spake dishonourably of England in Parliament. For here must I note unto you the difference of the two Parliaments in these two kingdoms; for there they must not speak without the Chauncellors leave, and if any man do propound or utter any seditious or uncomely speeches, he is strait interrupted and silenced by the Chauncellors authority: where as here, the liberty for any man to speak what he list, and as long as he list, was the onely cause he was not interrupted. It hath been objected, that there is a great Antipathy of the laws and customs of these two Nations. It is much mistaken: for Scotland hath no Common Lawe as here, but the Law they haue is of three sorts. All the Lawe of Scotland for tenors, Wards and liveries, countries & Lands, are drawn out of the chancery of England, and for matters of equity and in many things else, differs from you but in certain terms. james the first, bread here in England, brought the laws thither in a written hand. The second is Statute laws, which be their Acts of Parliament, wherein they haue power as you, to make and alter laws: and those may be looked into by you, for I hope you shall bee no more strangers to that Nation. And the principal work of this union will be, to reconcile the Statute laws of both kingdoms. The third is the civil Law. james the fift brought it out of France by establishing the Session there, according to the form of the Court of Parliament of france, which he had seen in the time of his being there: who occupy there the place of civil Iudges in all matters of plea or controversy, yet not to govern absolutely by the civil Law as in France. For if a man pled that the Law of the Nation is otherwise, it is a bar to the civil, and a good chancellor or President, will oftentimes repel and put to silence an Argument that the Lawyers brings out of the civil Lawe, where they haue a clear solution in their own Lawe. So as the civil Law in Scotland is admitted in no other cases, but to supply such cases wherein the municipal Law is defective. Then may you see it is not so hard a matter as is thought, to reduce that country to bee united with you under this Law, which neither are subject to the civil Lawe, nor yet haue any old Common Law of their own, but such as in effect is borrowed from yours. And for their Statute laws in Parliament, you may alter and change them as oft as occasion shall require, as you do here. It hath likewise been objected as an other impediment, that in the Parliament of Scotland the King hath not a negative voice, but must pass all the laws agreed on by the Lords and Commons. Of this I can best resolve you: for I am the eldest Parliament man in Scotland, and haue sit in more Parliaments then any of my Predecessors. I can assure you, that the form of Parliament there, is nothing inclined to popularity. About a twenty dayes or such a time before the Parliament, Proclamation is made throughout the kingdom, to deliver in to the Kings clerk of Register( whom you here call the Master of the rolls) all bills to bee exhibited that Session before a certain day. Then are they brought unto the King, and perused and considered by him, and onely such as I allow of are put into the Chancellors hands to bee propounded to the Parliament, and none others; And if any man in Parliament speak of any other matter then is in this form first allowed by me, The Chancellor tells him there is no such Bill allowed by the King. Besides, when they haue passed them for laws, they are presented unto me, and I with my sceptre put into my hand by the Chancellor, must say, I ratify and approve all things done in this present Parliament. And if there bee any thing that I dislike, they rase it out before. If this may bee called a negative voice, then I haue one I am sure in that Parliament. The last impediment is the French liberties: which is thought so great, as except the Scots forsake france, England cannot bee united to them. If the Scottish Nation would bee so unwilling to leave them as is said, it would not lie in their hands. For the League was never made between the people, as is mistaken, but betwixt the PRINCES onely and their Crownes. The beginning was by a Message from a King of france, charlemagne I take it( but I cannot certainly remember) unto a King of Scotland, for a League defensive and offensive between us and them against England, france being at that time in Warres with England. The like at that time was then desired by England against france, who also sent their ambassadors to Scotland. At the first, the Disputation was long maintained in favour of England, that they being our nearest Neighbours joined in one continent, and a strong and powerful Nation, it was more fit for the weal and security of the State of Scotland, to bee in League and amity with them, then with a country, though never so strong, yet divided by Sea from us: especially England lying betwixt us and them, where we might bee sure of a sudden mischief, but behoved to abide the hazard of wind and weather, and other accidents that might hinder our relief. But after, when the contrary part of the Argument was maintained: wherein allegation was made, that England ever sought to conquer Scotland, and therefore in regard of their pretended interest in the kingdom, would never keep any found amity with them longer, then they saw their advantage; whereas France lying more remote and claiming no interest in the kingdom, would therefore bee found a more constant and faithful friend: It was unhappily concluded in favour of the last party; through which occasion Scotland gate many mischiefs after. And it is by the very tenor thereof ordered, to be renewed and confirmed from King to King successively, which accordingly was ever performed by the mediation of their ambassadors, and therefore merely personal, and so was it renewed in the queen my mothers time, onely between the two Kings, and not by assent of Parliament or convention of the three Estates, which it could never haue wanted if it had been a League between the people. And in my time when it came to bee ratified, because it appeared to bee in odium tertii, it was by me left unrenewed or confirmed as a thing incompatible to my Person, in consideration of my Title to this crown. Some privileges indeed in the Merchants favour for point of Commerce, were renewed and confirmed in my time: wherein for my part of it, there was scarce three counsellors more then my secretary, to whose place it belonged, that meddled in that matter. It is true; that it behoved to be enterined, as they call it, in the Court of Parliament of Paris: but that onely serves for publication, and not to give it Authorritie: That Parliament( as you know) being but a judicial seat of Iudges and Lawyers, and nothing agreeing with the definition or office of our Parliaments in this Isle. And therefore that any fruits or privileges possessed by the League with france is able now to remain in Scotland, is impossible. For ye may be sure, that the French King stays onely vpon the sight of the ending of this union, to cut it off himself. Otherwise when this great work were at an end, I would be forced for the general care I owe to all my Subiects, to crave of France like privileges to them all as Scotland already enjoys, seeing the personal friendship remaines as great between us as between our Progenitors; and all my Subiects must be alike dear unto me: which either he will never grant, and so all will fall to the ground; or else it will turn to the benefit of the whole iceland: and so the Scottish privileges cannot hold longer then my League with France lasteth. And for another Argument to prove that this league is only between the Kings, and not between the people: They which haue Pensions, or are privy Intelligence glovers in France without my leave, are in no better case by the Law of Scotland, then if they were Pensioners to spain. As for the Scottish Guard in France, the beginning thereof was, when an Eaile of Boghan was sent in aid of the French with ten thousand men, and there being made Constable, and having obtained a victory, was murdered with the most of the Scottish army. In recompense whereof, and for a future security to the Scottish Nation, the Scottish Guard was ordained to haue the privilege and prerogative before all other Guards in guarding the Kings person. And as for the last point of this subdivision concerning the gain that England may make by this union, I think no wise nor honest man will ask any such question. For who is so ignorant, that doth not know the gain will bee great? do you not gain by the union of Wales? And is not Scotland greater then Wales? Shall not your Dominions bee increased of lands, Seas, and persons added to your greatness? And are not your lands and Seas adjoining? For who can set down the limits of the Borders, but as a mathematical line or idea? Then will that back door bee shut, and those ports of Ianus bee for ever closed: you shall haue them that were your enemies to molest you, a sure back to defend you: their bodies shall be your aids, and they must be partners in all your quarrels: Two snow-balls put together, make one the greater: Two houses joined, make one the larger: two Castle walls made in one, makes one as thick and strong as both. And do you not see in the Low countreys how available the English and the Scottish are being joined together? This is a point so plain, as no man that hath wit or honesty, but must aclowledge it feelingly. And where it is objected that the Scottishmen are not tied to the service of the King in the warres above forty dayes; It is an ignorant mistaking. For the truth is, That in respect the Kings of Scotland did not so abound in Treasure and money to take up an army under pay, as the Kings of England did; Therefore was the Scottish Army wont to bee raised onely by Proclamation, vpon the penalty of their breach of allegiance; So as they were all forced to come to the war like snails who carry their house about with them; every Nobleman and Gentleman bringing with him their Tents, money, provision for their house, victuals of all sorts, and all other necessaries, the King supplying them of nothing: necessity thereupon enforcing a warning to be given by the Proclamation of the space of their attendance, without which they could not make their provision accordingly, especially as long as they were within the bounds of Scotland, where it was not lawful for them to help themselves by the spoil or wasting of the country. But neither is there any Law prescribing precisely such a certain number of dayes, nor yet is it without the limits of the Kings power to keep them together, as many more dayes as he list, to renew his Proclamations from time to time some reasonable number of dayes, before the expiring of the former, they being ever bound to serve and wait vpon him, though it were an hundreth year if need were. Now to conclude, I am glad of this occasion, that I might Liberare animam meam; You are now to recede: when you meet again, remember I pray you, the truth and sincerity of my meaning, which in seeking union, is onely to advance the greatness of your Empire seated here in England, And yet with such caution I wish it, as may stand with the weal of both States. What is now desired, hath oft before been sought when it could not bee obtained: To refuse it now then, were double iniquity. Strengthen your own felicity, LONDON must be the seat of your King, and Scotland joined to this kingdom by a Golden conquest, but cymented with love,( as I said before) which within will make you strong against all civil and intestine Rebellion, as without we will bee compassed and guarded with our walls of brass. judge me charitably, since in this I seek your equal good, that so both of you might be made fearful to your Enemies, powerful in yourselves, and available to your friends. study therefore hereafter to make a good Conclusion, avoid all delays, cut off all vain questions, that your King may haue his lawful desire, and be not disgraced in his just ends. And for your security in such reasonable points of restritions, whereunto I am to agree, ye need never doubt of my inclination: For I will not say any thing which I will not promise, nor promise any thing which I will not swear; What I swear I will sign, and what I sign, I shall with GODS grace ever perform.