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away: for I do little doubt but those foreigners which had so little success when they had those advantages, will have much less comfort now that they be taken from them: and so much for surety.
For greatness, Mr. Speaker, I think orhgreamess. 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 Countries 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 on 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 the 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 Crasus of Lydia, when he showed unto him a great quantity of gold that he had gathered together, in ostentation of his greatness and might? But Solon said to him, contrary to his expectation, "Why, Sir, if another come that hath better iron than you, he will be lord of all your gold." Neither is the authority of Machiavel to be despised, who scometh that proverb of state, 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."
Theb^innin? Na? more> Mr- Speaker, whosoever or monarchies shall look into the seminaries and bepoverty.ginnings of the monarchies of the world, he shall find them founded in poverty. Persia, a country barren and poor, in respect of Media, which they subdued.
Macedon Macedon, a kingdom ignoble and mercenary until the time of Philip the son of Amyntas.
Rome. Rome had poor and pastoral begin
The Turks. The Turks, a band of Sarmatian Scythes, that in a vagabond manner made incursion upon that part of Asia, which is yet called Turcomania; out of which after much variety of fortune, sprung the Ottoman family, now the terror of the world.
So, we know, the Goths, Vandals, Alans, 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 rich and fruitful provinces, where not only their generations, but their names, remain to this day: witness Lombardy, Catalonia, a name compounded of Goth and Alan, Andalusia, a name corrupted from Vandalitia, Hungaria, Normandy, and others.
Nay, the fortune of the Swisses of xheSwitzers. late years, which are bred in a barren and mountainous country, is not to be forgotten: who first ruined the duke of Burgundy, the same who had almost ruined the kingdom of France, what time, after the battle near Granson, the rich jewel of Burgundy, prized at many thousands, was sold for a few pence by a common Swiss, that knew no more what a jewel meant than did JEsop's cock. And again, the same nation, in revenge of a scorn, was the ruin of the French king's afTairs in Italy, Lewis XII. For that king, when he was pressed somewhat rudely by an agent of the Switzers to raise their pensions, brake into words of choler: "What," saith he, " will these villains of the mountains put a tax upon me?" Which words lost him his duchy of Milan, and chased him out of Italy.
All which examples, Mr. Speaker, do well prove Solon's 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 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 device," 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 Britain, seated and manned as it is, and that hath, I make no question, the best iron in the world, that is, the best soldiers in the world, shall think of nothing but reckonings and audits, and meum et tuum, and I cannot tell what.
Mr. Speaker, I have, I take it, gone through the parts which I propounded to myself, wherein if any man shall think that I have sung a 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 judgment is yours; God direct it for the best.
SIR FRANCIS BACON, KNIGHT,
IN THE LOWF.R HOUSE OF PARLIAMENT,
BY OCCASION OF A MOTION CONCERNING THE UNION OF LAWS.
And it please you Mt. Speaker, were it now a time to wish, as it is to advise, no man should be more forward or more earnest than myself in this wish, that his Majesty's 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 lie most upon us, and the yoke lie lightest on 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 leam, 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 Latin and French; so their laws and customs have the like grounds that ours 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 than the work itself: for if both laws shall be united, it is of necessity for preparation and inducement thereunto, that our own laws be reviewed and re-compiled; than the which I think there cannot be a work, that his Majesty can undertake in these his times of peace, more politic, more honourable, nor more beneficial to his subjects for all ages:
Pace data terris, animum ad civilia verlit
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 myself; 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 lose 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 judgment are true; and therefore the motion, as I said, unseasonable.
For first, That there may not be a naturalization without a union in laws, cannot be maintained. Look into the example of the church and the union thereof. You shall see several churches, that join in one faith, one baptism, which are the points of spiritual naturalization, do many times in policy, constitutions, and customs diner: 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 varietas 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 foreign countries, and take that next us of France, and there you shall find that they have this distribution, " pais du droit escrit," and "pais du droit coustumier." For Gascoigne, Languedoc, Provence, Dauphiny, are countries governed by the letter, or text of the civil law: but the isle of France, Tourain, Berry, Anjou, and the rest, and most of all Britainy and Normandy are governed by customs, which amount to 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 he maintained: but the contrary, that naturalization ought to precede, and that not in the precedence of an instant; but in distance of time: 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 myself 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 of them. During all which time, if this mark of strangers should be denied to be taken away, I fear it may induce such a habit of strangeness, as will rather be an impediment than a preparation to farther proceeding: for he was a wise man that said, "Opportuni magnis conatibus transitus rerum," and in these 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 men's 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 foreign condition: and these are to be put out simul et 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 privileges 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 ways. 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 privileges, 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 delineate another way, which is, to win them either by benefit or by 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 benefits and protections, before they pressed any yoke. And for custom, which the poet calls 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 make 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 farther 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 yet not proper for this time.
To come therefore to that, w hich is now in question, it is no more but whether there should be a difference made, in this privilege 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 lime only answer two objections, and use two arguments, and so leave it to your judgment.
The first objection hath been, that if a difference should lie, 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 case; 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, which took their first breath since this happy union, inherent in his Majesty's person, must be more assured and affectionate to this kingdom, than those generally can be presumed to be, which were sometimes strangers? for "Nemo subito 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 Neophytes, 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 ethnic may not receive baptism till he be able to make an understanding profession of his faith.
Another objection hath been made, that we ought to be more provident and reserved to restrain the post-nati than the ante-nati; because during his Majesty's time, being a prince of so approved wisdom and judgment, we need no better caution than 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 err in respect of his judgment; so again, we cannot expect a prince so like to exceed, if I may so term it, in this point of beneficence 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 Majesty's descendants 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 seem 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 observedt 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-natus and the post-natus in one degree. But when it was moved to the parliament of England, "Barones una voce responderunt, Nolumus leges Anglire 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 inherit the dignity, as well as the son born after. But the son of an attainted person, born before the attainder, shall not inherit, 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 the 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.
THE PLANTATION IN IRELAND.
PRESENTED TO HIS MAJESTY, 1606.
TO THE KING.
It seemeth God hath reserved to your Majesty's times two works, which amongst the works of kings have the supreme pre-eminence; the union, and the plantation of kingdoms. For although it be a great fortune for a king to deliver or recover his kingdom from long continued calamities: yet in the judgment of those that have distinguished of the degrees of sovereign honour, to be a founder of estates or kingdoms, excelleth all the rest. For, as in arts and sciences, to be the first inventor is more than to illustrate or amplify; and as in the works of God, the creation is greater than the preservation; and as in the works of nature, the birth and nativity is more than the continuance: so in kingdoms, the first foundation or plantation is of more noble dignity and merit than all that followeth. Of which foundations there being but two kinds; the first, that maketh one of more; and the second, that maketh one of none: the latter resembling the creation of the world, which was de nihilo ad quid; and the former, the edification of the church, which was de multiplici ad simplex, vel ad unum: it hath pleased the Divine Providence, in singular favour to your Majesty, to put both these kinds of foundations or regenerations into your hand: the one, in the union of the island of Britain; the other, in the plantation of great and noble parts of the island of Ireland. Which enterprises being once happily accomplished, then that which was uttered by one of the best orators, in one of the worst verses, "O fortunatam natam me consule Romam!" may be far more truly
and properly applied to your Majesty's acts; "natam te rege Britanniam; natam Hiberniam." For he spake improperly of deliverance and preservation j but in these acts of yours it may be verified more naturally. For indeed unions and plantations are the very nativities or birth-days of kingdoms: wherein likewise your Majesty hath yet a fortune extraordinary, and differing from former examples in the same kind. For most part of unions and plantations of kingdoms have been founded in the effusion of blood: but your Majesty shall build in solo puro, et in area pura, that shall need no sacrifices expiatory for blood; and therefore, no doubt, under a higher and more assured blessing. Wherefore, as I adventured, when I was less known and less particularly bound to your Majesty, than since by your undeserved favour I have been, to write somewhat touching the union, which your Majesty was pleased graciously to accept, and which since I have to my power seconded by my travails, not only in discourse, but in action: so I am thereby encouraged to do the like, touching this matter of plantation ; hoping that your Majesty will, through the weakness of my ability, discern the strength of my affection, and the honest and fervent desire I have to see your Majesty's person, name, and times, blessed and exalted above those of your royal progenitors. And I was the rather invited this to do, by the remembrance, that when the lord chief justice deceased, Popham, served in the place wherein I now serve, and afterwards in the attorney's place; he laboured greatly in the last project, touching the plantation of Munster: which nevertheless, as it seemeth, hath given more light by the errors thereof, what to avoid, than by the direction of the same, what to follow.
First, therefore, I will speak somewhat of the excellency of the work, and then of the means to compass and effect it.
For the excellency of the work, I will divide it into four noble and worthy consequences that will follow thereupon.
The first of the four, is honour; whereof I have spoken enough already, were it not that the harp of Ireland puts me in mind of that glorious emblem or allegory, wherein the wisdom of antiquity did figure and shadow outworks of this nature. For the poets feigned that Orpheus, by the virtue and sweetness of his harp, did call and assemble the beasts and birds, of their nature wild and savage, to stand about him, as in a theatre; forgetting their affections of fierceness, of lust, and of prey ; and listening to the tunes and harmonies of the harp; and soon after called likewise the stones and woods to remove, and stand in order about him : which fable was anciently interpreted of the reducing and plantation of kingdoms; when people of barbarous manners are brought to give over and discontinue their customs of revenge and blood, and of dissolute life, and of theft, and of rapine ; and to give ear to the wisdom of laws and governments; whereupon immediately followeth the calling of stones for building and habitation; and of trees for the seats of houses, orchards, and enclosures, and the like. This work therefore, of all other most memorable and honourable, your Majesty hath now in hand; especially, if your Majesty join the harp of David, in casting out the evil spirit of superstition, with the harp of Orpheus, in casting out desolation and barbarism.
The second consequence of this enterprise, is the avoiding of an inconvenience, which commonly attendeth upon happy times, and is an evil effect of a good cause. The revolution of this present age seemeth to incline to peace, almost generally in these parts; and your Majesty's most christian and virtuous affections do promise the same more especially to these your kingdoms. An effect of peace in fruitful kingdoms, where the stock of people, receiving no consumption nor diminution by war, doth continually multiply and increase, must in the end be a surcharge or overflow of people more than the territories can well maintain; which many times, insinuating a general necessity and want of means into all estates, doth turn external peace into internal troubles and seditions. Now what an excellent diversion of this inconvenience is ministered, by God's providence, to your Majesty, in this plantation of Ireland! wherein so many families may receive sustentation and fortunes; and the discharge of them also out of England and Scotland may prevent many seeds of future perturbations ; so that it is, as if a man were troubled for the avoidance of water from the place where he hath built his house, and afterwards should advise with himself to cast those waters, and to turn them into fair pools or streams,
for pleasure, provision, or use. So shall your Majesty in this work have a double commodity, in the avoidance of people here, and in making use of them there.
The third consequence is the great safety that is like to grow to your Majesty's estate in general by this act; in discomfiting all hostile attempts of foreigners, which the weakness of that kingdom hath heretofore invited: wherein I shall not need to fetch reasons afar off, either for the general or particular. For the general, because nothing is more evident than that, which one of the Romans said of Peloponnesus: "Testudo intra tegumen tuta est;" the tortoise is safe within her shell: but if she put forth any part of her body, then it endanger f I li not only the part which is so put forth, but all the rest. And so we see in armour, if any part be left naked, it puts in hazard the whole person. And in the natural body of man, if there be any weak or affected part, it is enough to draw rheums or malign humours unto if, to the interruption of the health of the whole body.
And for the particular, the example is too fresh, that the indisposition of that kingdom hath been a continual attractive of troubles and infestations upon this estate; and though your Majesty's greatness doth in some sort discharge this fear, yet with your increase of power it cannot be, but envy is likewise increased.
The fourth and last consequence i6 the great profit and strength which is like to redound to your crown, by the working upon this unpolished part thereof: whereof your Majesty, being in the strength of your years, are like, by the good pleasure of Almighty God, to receive more than the first-fruits; and your posterity a growing and springing vein of riches and power. For this island being another Britain, as Britain was said to be another world, is endowed with so many dowries of nature, considering the fruitfulness of the soil, the ports, the rivers, the fishings, the quarries, the woods, and other materials; and especially the race and generation of men, valiant, hard, and active, as it is not easy, no not upon the continent, to find such confluence of commodities, if the hand of man did join with the hand of nature. So then for the excellency of the work, in point of honour, policy, safety, and utility, here I cease.
For the means to effect this work, I know your Majesty shall not want the information of persons expert and industrious, which have served you there, and know the region: nor the advice of a grave and prudent council of estate here; which know the pulses of the hearts of people, and the ways and passages of conducting great actions: besides that which is above all, which is that fountain of wisdom and universality which is in yourself; yet notwithstanding in a thing of so public a nature, it is not amiss for your Majesty to hear variety of opinion: for, as Demosthenes saith well, the good fortune of a prince or state doth sometimes put a good motion into a fool's mouth. I do think therefore the means of accomplishing this work consisteth of two prin