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"nemo subito fingitur," men's affections cannot be
so settled by any benefit, as when from their nativity
they are inbred and inherent
And the fourth degree, which is the
devTe*Uitw perfect degree, is of such a person as
penectde- neither is enemy, nor could have been gree. . .. * * ,
enemy in time past, nor can be enemy
in time to come; and therefore the law gives unto
him the full benefit of naturalization.
Now, Mr. Speaker, if these be the true steps and paces of the law, no man can deny but whosoever is born under the king's obedience, never could " in aliquo puncto temporis " be an enemy; a rebel he might be, but no enemy, and therefore in reason of law is naturalized. Nay, contrariwise, he is bound jure nativitatis to defend this kingdom of England against all invaders or rebels; and therefore as he is obliged to the protection of arms, and that perpetually and universally, so he is to have the perpetual and universal benefit and protection of law, which is naturalization.
For form of pleading, it is true that hath been said, that if a man would plead another to be an alien, he must not only set forth negatively and privatively, that he was born out of the obedience of our sovereign lord the king, but affirmatively, under the obedience of a foreign king or state in particular, which can never be done in this case.
As for authority, I will not press it; you know all what hath been published by the king's proclamation. And for experience of law we see it in the subjects of Ireland, in the subjects of Guernsey and Jersey, parcels of the duchy of Normandy; in the subjects of Calais when it was English, which was parcel of the crown of France. But, as I said, I am not willing to enter into an argument of law, but to hold myself to point of conveniency, so as for my part I hold all post-nati naturalized ipso jure; but yet I am far from opinion, that it should be a thing superfluous to have it done by parliament; chiefly in respect of that true principle of state, "Principum actiones praicipue ad famam sunt componenda;." It will lift up a sign to all the world of our love towards them, and good agreement with them. And these are, Mr. Speaker, the material objections which have been made on the other side, whereunto you have heard my answers; weigh them in your wisdoms, and so I conclude that general part.
Now, Mr. Speaker, according as I promised, I must fill the other balance in expressing unto you the inconveniences which we shall incur, if we shall not proceed to this naturalization: wherein that inconvenience, which above nil others, and alone by itself, if there were none other, doth exceedingly move me, and may move you, is a position of estate, collected out of the records of time, which is this: that wheresoever several kingdoms or estates have been united in sovereignty, if that union hath not been fortified and bound in with a farther union, and namely, that which is now in question, of naturalization, this hath followed, that at one time or other they have broken again, being upon all occasions apt to revolt and relapse to the former separation.
Vol. 1. 2 H
Of this assertion the first example Jhc union bewhich I will set before you, is of that mans and the memorable union which was between Lat'"s' the Romans and the Latins, which continued from the battle at the lake of Regilla, for many years, unto the consulships of C. Plantius and L. ./Emilius Mamercus.* At what time there began, about this very point of naturalization, that war which was called " Bellum sociale," being the most bloody and pernicious war that ever the Roman state endured: wherein, after numbers of battles and infinite sieges and surprises of towns, the Romans in the end prevailed and mastered the Latins; but as soon as ever they had the honour of the war, looking back into what perdition and confusion they were near to have been brought, they presently naturalized them all. You speak of a naturalization in blood; there was a naturalization indeed in blood.
Let me set before you again the ex- Sparta and ample of Sparta, and the rest of Pelo- Peloponponnesus their associates. The state of "e9usSparta was a nice and jealous state in this point of imparting naturalization to their confederates. But whatwas the issue of it? After they had held them in a kind of society and amity for divers years, upon the first occasion given, which was no more than the surprisal of the castle of Thebes, by certain desperate conspirators in the habit of maskers, there ensued immediately a general revolt and defection of their associates; which was the ruin of their state, never afterwards to be recovered.
Of later times let me lead your con- Tlle UI)j0n 0f sideration to behold the like events in the kingdom of the kingdom of Arragon ; which kingdom was united with Castile and the rest of Spain in the persons of Ferdinando and Isabella, and so continued many years; but yet so as it stood a kingdom severed and divided from the rest of the body of Spain in privileges, and directly in this point of naturalization, or capacity of inheritance. What came of this? Thus much, that now of fresh memory, not past twelve years since, only upon the voice of a condemned man out of the grate of a prison towards the street, that cried, Fueros Libertad, Libertad, which is as much as, liberties or privileges, there was raised a dangerous rebellion, which was suppressed with great difficulty with an army royal. After which victory nevertheless, to shun farther inconvenience, their privileges were disannulled, and they were incorporated with Castile and the rest of Spain. Upon so small a spark, notwithstanding so long continuance, were they ready to break and sever again.
The like may be said of the states of Florence and Pisa, which city of Flor^and Pisa being united unto Florence, but not endowed with the benefit of naturalization, upon the first light of foreign assistance, by the expedition of Charles VIII. of France into Italy, did revolt; though it be since again re-united and incorporated.
* 169 years after that battle. There are extant at this day coins or medals, in memory of a battle fought by this C. Plautius at Privernum. Another copy hath of T. Manliui and P. Decius.
^ ,., «• . The same effect we see in the most The like effect
in barbarous barbarous government, which shows it
government ,he rafher ,Q be an effect of na,ure . for
it was thought a fit policy by the council of Constantinople, to retain the three provinces of Transylvania, Wallachia, and Moldavia, which were as the very nurses of Constantinople, in respect of their provisions, to the end they might be the less wasted, only under waywods as vassals and homagers, and not unto bashaws, as provinces of the Turkish empire: which policy we see by late experience proved unfortunate, as appeared by the revolt of the same three provinces, under the arms and conduct of Sigismond prince of Transylvania; a leader very famous for a time; which revolt is not yet fully recovered. Whereas we seldom or never hear of revolts of provinces incorporate to the Turkish empire.
On the other part, Mr. Speaker, because it is true what the logicians say, " Opposita juxta se posita mngis elucescunt:" let us lake a view, and we shall find that wheresoever kingdoms and states have been „ . ,. united, and that union corroborate by tion a sure the bond of mutual naturalization, you bon<1' shall never observe them afterwards,
upon any occasion of trouble or otherwise, to break and sever again: as we see most evidently before our eyes, in divers provinces of France, that is to say, Guienne, Provence, Normandy, Britain, which, notwithstanding the infinite infesting troubles of that kingdom, never offered to break again.
We see the like effect in all the kingdoms of Spain, which are mutually naturalized, as Leon, Castile, Valcntia, Andalusia, Granada, Murcia, Toledo, Catalonia, and the rest, except Arragon, which held the contrary course, and therefore had the contrary success, as was said, and Portugal, of which there is not yet sufficient trial. And lastly, we see the like
England never effe0t in 0Ur 0Wn nR'ion> vhich never severed after rent asunder after it was once united; once united. SQ gg wfi nQW gcarcc ]<now whether the
heptarchy were a true story or a fable. And therefore, Mr. Speaker, when 1 revolve with myself these examples and others, so lively expressing the necessity of a naturalization to avoid a relapse into a separation; and do hear so many arguments and scruples made on the other .side ; it makes me think on the old bishop, which, upon a public disputation of certain christian divines with some learned men of the heathen, did extremely press to be heard; and they were loth to suffer him because they knew he was unlearned, though otherwise a holy and well-meaning man: but at last, with much ado, he got to be heard ; and when he came to speak, instead of using argument, he did only say over his belief: but did it with such assurance and constancy, as it did strike the minds of those that heard him more than any argument had done. And so, Mr. Speaker, against all these witty and subtle arguments, I say, that I do believe, and I would be sorry to be found a prophet in it, that except we proceed with this naturalization, though perhaps not in his Majesty's time, who hath such interest in both nations, yet in the time of his descendants, these realms will be in continual
danger to divide and break again. Now if any man be of that careless mind, " Maneat nostros ea cura nepoles;" or of that hard mind, to leave things to be tried by the sharpest sword: sure I am, he is not of St. Paul's opinion, who affirmeth, that whosoever useth not foresight and provision for his family, is worse than an unbeliever; much more if we shall not use foresight for these two kingdoms, that comprehend in them so many families, but leave things open to the peril of future divisions. And thus have 1 expressed unto you the inconvenience, which, of all others, sinketh deepest with me as the most weighty: neither do there want other inconveniences, Mr. Speaker, the effects and influences whereof, I fear, will not be adjourned to so long a day as this that I have spoken of: for I leave it to your wisdom to consider whether you do not think, in case, by the denial of this naturalization, any pique, alienation, or unkindness, I do not say should be, but should be thought to be, or noised to be between these two nations, whether it will not quicken and excite all the envious and malicious humours, wheresoever, which arc now covered, against us, either foreign or at home; and so open the way to practices and other engines and machinations, t& the disturbance of this state? As for that other inconvenience of his Majesty's convenience, engagement to this action, it is too binding and too pressing to be spoken of, and may do better a great deal in your minds than in my mouth, or in the mouth of any man else; because, as I say, it doth press our liberty too far. And therefore, Mr. Speaker, I come now to the third general part of my division, concerning the benefits which we shall purchase by this knitting of the knot surer and straiter between these two kingdoms, by the communicating of naturalization: the benefits may appear to be two, the one surety, the other greatness.
Touching surety, Mr. Speaker, it was The benefit of well said by Titus Quintius the Roman, sure,y touching the state of Peloponnesus, that the tortoise is safe w-ithin her shell, " Testudo intra tegumen tuta est j" but if there be any parts that lie open, they endanger all the rest. We know well, that although the state at this time be in a happy peace, yet for the time past, the more ancient enemy to this kingdom hath been the French, and the more late the Spaniard; and both these had as it were their several postern gates, whereby they might have approach and entrance to annoy us. France had Scotland, and Spain had Ireland; for these were the two accesses which did comfort and encourage both these enemies to assail and trouble us. We see that of Scotland is cut off by the union of these two kingdoms, if that it shall be now made constant and permanent; that of Ireland is cut off likewise by the convenient situation of the west of Scotland towards the north of Ireland, where the sore was: which we see, being suddenly closcl. hath continued closed, by means of the salve; so that as now there are no parts of this state exposed to danger to be a temptation to the ambition of foreigners, but their approaches and avenues are taken 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