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union is communion and participation of mutual commodities and benefits, it appeared to us to follow next in order, that the commerce between both nations be set open and free, so as the commodities and provisions of either may pass and flow to and fro, without any stops or obstructions, into the veins of the whole body, for the better sustentation and comfort of all the parts: with caution nevertheless, that the vital nourishment be not so drawn into one part, as it may endanger a consumption and withering of the other.
Fourthly, after the communion and participation by commerce, which can extend but to the transmission of such commodities as are movable, personal, and transitory, there succeeded naturally that other degree, that there be made a mutual endowment and donation of either realm towards other of the abilities and capacities to take and enjoy things which are permanent, real, and fixed; as namely, freehold and inheritance, and the like: and that as well the internal and vital veins of blood be opened from interruption and obstruction in making pedigree, and claiming by descent, as the external and elemental veins of passage and commerce; with reservation nevertheless unto the due time of such abilities and capacities only, as no power on earth can confer without time and education.
And lastly, because the perfection of this blessed work consisteth in the union, not only of the solid parts of the estate, but also in the spirit and sinews of the same, which are the laws and government, which nevertheless are already perfectly united in the head, but require a farther time to be united in the bulk and frame of the whole body; in contemplation hereof we did conceive that the first step thereunto was to provide, that the justice of either realm should aid and assist, and not frustrate and interrupt the justice of the other, specially in sundry cases criminal: so that either realm may not be abused by malefactors as a sanctuary or place of refuge, to avoid the condign punishment of their crimes and offences.
AH which several points, as we account them, summed up and put together, but as a degree of middle term to the perfection of this blessed work; so yet we conceived them to make a just and fit period for our present consultation and proceeding.
And for so much asconcerneth the manner of our proceedings, we may truly make this attestation unto ourselves, that as the mark we shot at was union and unity, so it pleased God in the handling thereof to bless us with the spirit of unity, insomuch as from our first sitting unto the breaking up of our assembly, a thing most rare, the circumstance of the cause and persons considered, there did not happen or intervene, neither in our debates or arguments, any manner of altercation or strife of words; nor in our resolutions any variety or division of votes, but the whole passed with a unanimity and uniformity of consent: and yet so, as we suppose, there was never in any consultation greater plainness and liberty of speech, argument, and debate, replying, contradicting, recalling any thing spoken where cause was, expounding any matter ambiguous or mistaken; and all other points of free and friendly interlocution and conference, without cavillations, advantages, or overtakings: a matter that we cannot ascribe to the skill or temper of our own carriage, but to the guiding and conducting of God's holy providence and will, the true author of all unity and agreement. Neither did we, where the business required, rest so upon our own sense and opinions, but we did also aid and assist ourselves, as well with the reverend opinion of judges and persons of great science and authority in the laws, and also with the wisdom and experience of merchants, and men expert in commerce. In all which our proceedings, notwithstanding, we are so far from pretending or aiming at any prejudication, either of his royal Majesty's sovereign and high wisdom, which we do most dutifully acknowledge to be able to pierce and penetrate far beyond the reach of our capacities: or of the solid and profound judgment of the high courts of parliament of both realms, as we do in all humbleness submit our judgments and doings to his sacred Majesty, and to the parliaments, protesting our sincerity, and craving gracious and benign construction and acceptation of our travails.
We therefore with one mind and consent have agreed and concluded, that there be propounded and presented to his Majesty and the parliament of both realms, these articles and propositions following
SIR FRANCIS BACON, KNIGHT,
[N THE HONOURABLE HOUSE OF COMMONS, QUINTO JACOB!,
THE ARTICLE OF THE GENERAL NATURALIZATION OF THE SCOTTISH NATION.
It may please you, Mr. Speaker, preface I will use none, but put myself upon your good opinion, to which I have been accustomed beyond my deservings; neither will I hold you in suspense what way I will choose, but now at the first declare myself, 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 than all that I shall say afterwards. And it is the same request, which Demosthenes did more than once, in great causes of estate, make to the people of Athens, " ut cum calculis suffragiorum sumant magnanimitatem reipublicte," 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 might 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 their 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 farther in the union, were I as the king;" it might 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 country, be he never so worthy or sufficient; or of a lawyer, be he never so wise or learned; or of any other particular condition of men 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 take counsel
in this matter. So that if this request be granted, I account the cause obtained.
But to proceed to the matter itself: 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 answer proper to every inconvenience alleged; for somewhat that cannot be especially answered may, nevertheless, be encountered, and overweighed by matter of greater moment, and therefore the matter which I shall set forth unto you will naturally receive the distribution of three parts.
First, an answer to those inconve- The answer niences which have been alleged to to the inconensne, if we should give way to this JyectSf connaturalization; which I suppose, you cei-nimr natuwill not find to be so great as they have ra llatlon' been made; but that much dross is put into the balance to help to make weight.
Secondly, an encounter against the remainder of these 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 ourselves by proceeding to this naturalization. And yet, to avoid confusion, which evermore followeth upon too much generality, it is necessary for me, before I proceed to persuasion, to use some distribution of the points or parts of naturalization, which certainly can be no better, or none other, than the ancient distinction of "jus civitatis, jussuffragii vel tribus," and "jus petitionis sive honorum:" for all ability and capacity is either of private interest of meum et tuum, or of public service: and the public consisteth chiefly either in voice or in action, or office. Now it is the first of these, Mr. Speaker, that I will only handle at this time and in this place, and refer the other two for a committee, because they receive more distinction and restriction.
To come therefore to the inconveniences alleged 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 admission 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 proceeds not of any unkindness to the Scottish nation, but of a natural fastness to ourselves: , for that answer of the virgins, " Ne forte non sufficiat vobis et nobis," proceeded not out of any envy or malign humour, but out of providence, and the original charity which begins with ourselves. 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 straitened, it is true, that, brethren though they were, they grew to difference, and to those words, "Vade tu ad dexteram, et ego ad sinistram," etc. But certainly, I should never have brought that example on that side; for we see what followed of it, how that this separation "ad dexteram et ad sinistram" caused the miserable captivity of the one brother, and the dangerous, though prosperous war of the other, for his rescue and recovery.
But to this objection, Mr. Speaker, being so weighty and so principal, I mean to give three several answers, every one of them being, to my understanding, by itself sufficient.
The first is, that this opinion of the th/number °r number of the Scottish nation, that theScottish should be likely to plant themselves nation. , .„ . * , •
here amongst us, will be found to be a
thing rather in conceit than in event; for, Mr. Speaker, you shall find those plausible similitudes, of a tree that will thrive the better if it be removed into the more fruitful soil: and of sheep or cattle, 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 merely 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 anolher: 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 Majesty's 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 Scotsmen are planted in the cities, boroughs, and towns of this kingdom; for I do assure myself, that, more than some persons of quality about his Majesty's person here at court, and in London, and some other inferior persons, that have a dependence 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 inhabit.
Now, Mr. Speaker, as I said, " Si in ligno viridi ita 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 Scottish 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 draws them thither: for you see plainly before your eyes, that in Germany, which is much nearer, and in France, where they are invited with privileges, and with this very privilege of naturalization, yet no such number can be found; so as it cannot either be nearness of place, or privilege of person, that is the cause. But shall I tell you, Mr. Speaker, what 1 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, than at home. There is never a gentleman that hath overreached himself in expense, and thereby must abate his countenance, but he will rather travel, and do it abroad than at home: and we know well they have good high stomachs, and have ever stood in some terms of 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 now have 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 whilst it was in passage was very vehement, and mightily stood upon, and when the people had obtained it, they never made any plebeian consul, not in sixty years after: and so will this be for many years, as I am persuaded, rather a matter in opinion and reputation, than 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 Engird not this objection, is this: I must have peopledtotlie 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 inferior unto those foreign parts in fruitfulness, as it is in population; which makes me conceive we have not our full charge. Besides, I do see manifestly amongst us the badges and tokens rather of scarceness, than of press of people, as drowned grounds, commons, wastes, and the like, which is a plain demonstration, that howsoever there may be an overswelling 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 ruins and decays 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 the state, the greater the population, pro rata. And whether this be true or no, we need not seek farther, than to call to our remembrance how many of us serve here in this place for desolate and decayed boroughs. Mediterrane, Again, Mr. Speaker, whosoever lookrointriw ^ifr- eth into ,he principals of estate, must charged with hold that it is the mediterrane coun** tries, and not the maritime, which need directions of estate: here is the king's person and
to fear surcharge of people; for all sea provinces, and 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 merchandising! Wherein again I do discover, that we are not at all pinched by the 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 Flemings, 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 awakened to seek maintenance by an 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 wasted kingdom of Ireland; which being a country 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 that can follow of surcharge of people? Look into all stories, and you shall find it none other than some honourable war for the enlargement of their borders, which find themselves pent, upon foreign parts; which inconvenience, in a valorous 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 exiled man, but it is no less true of the valour of a warlike nation. And certainly, Mr. Speaker, I hope I may speak it without offence, that if we did hold ourselves 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 than 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 ... , , tunaamental laws of both these king- mental laws of doms of England and Scotland are yet Scotland are diverse and several; nay more, that it djJITM^ 81111 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, whereby to endow them with our rights and privileges, 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 ofTer is „. , . T . , The answer to
this: It is true, for my own part, Mr. the second ob
Speaker, that I wish the Scottish jectionnation governed by our laws; for I hold our laws with some reducement worthy to govern, and it were the world: but this is that which I say, and I desire therein your attention, that, according to true reason of estate, naturalization is in order first and precedent to union of laws; in degree a less matter than union of laws; and in nature separable, not inseparable from union of laws; for naturalization doth but take out the marks of a foreigner, but union of laws makes them entirely as ourselves. 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 diverse; one law in spirits, another in bodies; one law in regions celestial, another in elementary; and yet the creatures are all one mass or lump, without any vacuum or separation? Do we not likewise see in the state of the church, that amongst people of all languages and lineages there is one communion of saints, and that we are all fellow-citizens and naturalized of the heavenly Jerusalem; and yet nevertheless divers and several ecclesiastical laws, policies, and hierarchies, according to the speech of that worthy father, " In veste varictas 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 reipublicaa than forma, and rather bonds of perfection than bonds of entireness: and therefore we see in the experience of our own government, that in the kingdom of Ireland, all our statute law-s, since Poyning's law, are not in force; and yet we deny them not the benefit of naturalization. In Guernsey and Jersey 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 is the seat of the kingdom, whence come the supreme
example, of which the verse saith, " Regis ad exem
plum totus 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 the second objection.
Inequality in The third objection is, some in
the fortunes equality in the fortunes of these two between Eng- 1 . J . land and Scot- nations, England and Scotland, by the
llnd' commixture whereof there may ensue
advantage to them and loss to us. Wherein, Mr. Speaker, it is well that this difference or disparity consisted) but in the external goods of fortune: for indeed it must be confessed, that for the goods of the mind and the body, they are alteri nos, other ourselves; for to do them but right, we know in their capacities and understandings 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 ourselves: 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 people not so tractable in government, we cannot, without flattering ourselves, free ourselves 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 than others, yet are they harder to guide and manage.
But for this objection, Mr. Speaker, I purpose to answer it, not by the authority of Scriptures, which saith, " Beatius est dare quam accipere," but by an authority framed and derived from the judgment of ourselves and our ancestors in the same case as to this point. For, Mr. Speaker, in all the line of our kings none tiseth to carry greater commendation than his Majesty's noble progenitor king Edward the first of that name; and amongst his other commendations, both of war and policy, none is more celebrated than 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 not alleged. For it is
not the yoke, either of our laws or Laws or arms A,' . . . ,
cannot alter arms, that can alter the nature of the
dimales'6 °f climate or 'he 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 prized the less because we paid not so dear for it. But a more full answer to this objection 1 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, bnt 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 Majesty's 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 than children which have not deserved, and elder brothers in no worse case than 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 conveniency than of law; only this I will 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 -j^^ flre, rfe_ under a king or state, that is an enemy, grte of an 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 party's suit, although his wife were an English woman: marry at the king's suit, the case may be otherwise in regard of the offence to the peace.
The second degree is of an alien that The is born under the faith and allegiance degree of an of a king or state that is a friend. Unto Snder^TM such a person the law doth impart a state that i> greater benefit and protection, that is, a r,e" concerning things personal, transitory, and movable, 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 obeisance 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 , . , ° .. J .' The third
having been an alien, is made free by deuree of an
charter and denization. To such an one ali, n •UDj«* the law doth impart yet a more ample benefit: for it gives him power to purchase freehold 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 pedigree from any ancestor 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 might once have been an enemy: and,