a warlike Nation I know not whether I should tearme an inconvenience or noe for the saying is most true though in an other lense Omne solum forti patria It was spoken of the patience of an exiled man but it is no lesse true in the valour of a warlike Nation and certainly Master Speaker I hope I may speake it without offence that whensoever we should hold our selves worthy and whensoever just cause should bee given either to recover our ancient rights or to revenge our late wrongs or to attaine the honour of our ancestors or to enlarge the patrimony of our posterities wee would never in this manner forget the considerations of amplitude and greatnesse and fall at variance about profit and reckonings fitter a great deale for private persons then for Parliaments and Kingdomes and thus Master Speaker I leave this first objection to such satisfactions as you have heard of The second objection is The fundamentall Laws of England Scotland are divers and severall that the fundamentall lawes of these Kingdomes of England and Scotland are yet diverse and severall nay more that it is declared by the instrument that they shall so continue and that there is no intent in his Majesty to make innovation in them and therefore that it should not bee 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 lawes and this objection likewise Master Speaker I allow to be a weighty objection and worthy to be well answered and discussed The answere which I shall offer is this The answer to the second objection It is true for mine owne part Master Speaker that I wish the Scottish Nation governed by our Lawes for I hold our lawes 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 Lawes and in nature seperable and in degree a lesse matter and not inseperable from union of Laws for Naturalization doth but take out the marks of a Forreiner but union of Lawes makes them entirely as our selves Naturalization taketh away seperation but union of lawes doth take away distinction doe wee not see Master Speaker that in the administration of the World under the great Monarch God himselfe that his Laws are diverse one Law in spirits another in bodies one Law in Regions celestiall an other in Elementary and yet the Creatures are all one masse or lump without any vacuum or seperation doe wee not likewise see in the state of the Church that amongst all people of all languages and Linages there is communion of Saints and that wee are all fellow Citizens and Naturalizants of the heavenly Jerusalem And yet neuer the lesse divers Ecclesiasticall Laws Policies and Heirarchies according to the speech of that worthy Father In veste varietas sit scissura non sit and these certainly Master Speaker as they are the bonds of love they are the more speciall and private bond and the bond of Naturalization the more common and generall for the lawes are rather Figura Reipublicae then forma and rather Bonds of perfection then Bonds of entirenesse and therefore we see in the experience of our own government that in the Kingdome of Ireland all our Statutes and Laws Poynings Laws since Poynings Laws are not in force and yet we deny them not the benefit of Naturalization in Gersey and Jernesey and the Isle of Man our common Lawes are not in force and yet they have the benefit of Naturalization neither need any man doubt but that our Lawes and Customes must in small time gather and win upon theirs for here is the seate of the Kingdome whence come the supreame directions of estate here is the Kings person and example of which the verse saith Regis ad exemplum totus componitur orbis And therefore it is not possible although not by solemne and formall acts of estates yet by the secret operation of no long time but they will come under the yoake of our laws and so Dulcis tractus pari jugo and this is the answere I give to the second objection The third objection is some inequallity Inequality in the fortunes betweene England and Scotland in the fortunes of these two Nations England and Scotland by the commixture whereof there may ensue advantage to them and losse to us wherein M. Speaker it is well that this difference or disparity consisteth but in the external goods of fortune for indeed it must bee confessed that for the goods of the minde and body they are alteri nos or our selves for to doe them but right wee 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 doe but in effect commend our selves for they are of one part and continent with us and the truth is we are participant both of their vertue and vices for if they have beene noted to be a people not soe tractable in government we cannot without flattering our selves free our selves altogether from that fault being indeed incident to all martiall people as wee see it evident by the example of the Romans and others even like unto fierce horses that though they be of better service then others yet are they harder to guide and manage But for this objection Master Speaker I purpose to answere it not by the authority of Scriptares which saith Beatius est dare quam accipere But an authority framed and derived from the judgment of our selves and our ancestors in the same case as to the point for Master Speaker in all the lives of our Kings none useth to carry greater cōmendation then his Majesties noble progenitor King Edward the first of that name and amongst his other cōmendations both of warre and policie none is more celebrated then his purpose and enterprise for that conquest of Scotland as not bending his designes to glorious acquests abroad but to solid strength at home which neverthelesse if it had succeeded could not but have brought in all these inconveniences of the commixture of a more opulent Kingdome with a lesse Laws nor Arms cannot alter the nature of climats that are now alledged for it is not the yoake either of our lawes or armes that can alter the nature of the Climate or the nature of the soil neither is it the manner of the Commixture that can alter the nature of Commixture and therefore Master Speaker if it were good for us then it is good for us now and not to be prized the lesser because we payed not so deare for it But a more full objection I refer over to that which will come after to bee spoken touching surety and greatnesse The fourth Objection
Master Speaker is not properly an objection but rather a preoccupation of an objection of the other side for it may bee said and very materially whereabouts wee doe contend the benefit of Naturalization is by the Law in as many as have beene or shall bee borne since his Majesties comming to the Crown already setled 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 bee in no worse case then children which have not deserved and elder brothers in no worse case then younger brothers so as wee stand upon quiddam non quantum being but a little difference of time of one generation from an other to this M. Speaker it is said by some that the Law is not so but that the postnati are aliens as the rest A pointe that I mean not much to argue both because it hath been well spoken by the gentleman that spoke last before mee and because I doe desire in this case and in this place to speak rather of Conveniencie then of Law only this I will say that that opinion seems to mee contrary to opinion of Law and contrary to Authority and experience of Law for reason of Law when I meditate of it my thinks the wisdome of the Common Lawes 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 foure but bipartite two of Aliens and two of Subjects The first degree is of an alien borne under a King The first degree of an alien or State that is enemy if such an one come into this Kingdom without safe conduct it is at his perrill the Law giveth him no protection neither for Body Lands nor Goods so as if hee be slaine there is no remedy by any appeale at the parties suit although the party were an English woman marry at the Kings suit the case may bee otherwise in reguard of the offence to the peace and Crown The second degree is of an alien that is born under the faith and alleigeance of a King or state The second degree of an alien born under a State that is Friend that is a friend unto such a person the Law doth imparte a great benefit and protection that is concerning things personall transitory and moveable as goods and chattells contracts and the like but not concerning freehold and Inheritance and the reason is because hee may be an enemy though he be not for the State under the obeysance of which hee is may enter into quarrell and hostility and therefore as the Law hath but a transitory assurance of him so it rewards him but with transitory benefits The third degree is of a subject who having beene an alien is by charter and denisation The third degree of an alien subject to such an one the law doth imparte yet a more ample benefit for it gives him power to purchase freehold and inheritance to his owne use and likewise to enable those Children borne after his denization to inherit but neverthelesse hee cannot make title or convey pedigree from any ancestors peramount for the Law thinks not good to make him in the same degree with a subject born because hee was once an alien and so might once have beene an Enemy Et nemo subito fingitur affections cannot be setled by any benefit as when from their Nativity they are imbred and inherent And the fourth degree The fourth degree the perfect degree which is the perfect degree is of such a person as neither is enemy nor can be enemy in time to come nor would have beene enemy in time past nor can bee enemy in time to come therefore the Law gives unto him the full benefit of Naturalization Now Master Speaker if these be true steps and paces of the Law no man can deny but whosoever is borne under the Kings obedience never could in aliquo puncto temporis bee an enemy and therefore in reason of Law is natural Nay contrariwise he is bound Jure nativitatis to defend this Kingdome of England against all Innovators and Rebells and therefore as hee is obliged to the protection of Aliens and that perpetually and universally so he is to have that perpetuall and universall benefit and protection of lawes which is Naturalization For forme of pleading it is true that hath beene said that if a man would pleade an other to be an alien he must not only set forth negatively and primitively that hee was born out of the obedience of our Soveraine Lord the King but affirmatively under the obediense of a forraine King or state in particular which never can bee done in this case As for authority I will not presse it you know all what hath beene published by the Kings Proclamation and for experience of Lawes wee see it in the subjects of Ireland in the Subjects of Gernsey and Iernesey parcels of the Duchy of Normandy in the Subjects of Callis when it was English which was parcel of the Crowne of France But as I said I am not willing to enter into an argument of Law but to hold my selfe to point of conveniencie so as for my part I hold all Naturales ipso jure But yet I am farr from opinion that it should be a thing superfluous to have it done by Chiefely in respect of that true principall of State Principum actiones ad famam sunt Componendae It will lift up a signe to all the World of our Loves towards them and good agreement with them and these are Mr. Speaker the materiall objections which have beene on the other side whereunto you have heard my answeres weigh them in your wisdomes and so I conclude that generall part Now Master Speaker according as I promised I must fill the other ballance in expressing unto you the inconveniences which wee shall incur if we shall not proceed to this Naturalization wherein that convenience above all others and alone by it selfe if there were none other doth exceedingly moove mee and may moove you is a position of estate collected out of the Records of time which is this That whatsoever severall Kingdomes or Estates have bene united in Soverainty if that union hath not beene fortified and bound in with a further union and namely that which is now in question of Naturalization this hath followed that at one time or other they have broken being upon all occasions apt to relaps and revolt to the former Seperation Of this assertion The first example which I will set before you is of the memorable Union The union between the Romans and the Latins which was betweene the Romans and the Latins which continued from the Battell at the Lake of Regilla for many yeeres unto the Consulship At what time their began about this very point of Naturalization that warr which was called Bellum Sociale being the most
of this State As for that other inconvenience it is too binding and too pressing to be spoken of and may do better a great deale in your mindes then in my mouth or the mouth of any man else because as I have said it doth presse our liberty too farre and therefore M. Speaker I come to this third generall part of my division concerning the benefit which we shall purchase by knitting this knott surer and straiter betweene these two Kingdomes by the Communicating of Naturalization The benefits may appeare to be two the one surety the other greatnesse touching surety Master Speaker it was well said by Titus Quintus the Romane The benefit of Surety touching the State of Pelopenesus that the Tortoise is safe within her shell Testudo inter tegumen tutaest but if there be any parts that ly open they endanger all the rest wee know well that although the state at this time bee in a happy peace yet for the time past the more ancient enemy is the French and the more late the Spaniard and both these had as it were their severall postern gates whereby they might have approach and enterance to anoy us France had Scotland and Spaine had Ireland for these were but the two accesses which did comfort and encourage both these enemies to assaile and trouble us wee see that of Scotland is cut off by the Union of these two Kingdomes if that it shall bee made constant and permanent that of Ireland is cut off likewise by the convenient situation of the North of Scotland towards the North of Ireland where the sore was which wee see being suddenly closed by meanes of this salve so that as now there are no parts of the State exposed to danger to bee a temptation to the ambition of Forreiners but their approches and avenues are taken away for I doe little doubt but these Forreners which had so little successe when they had those advantages will have much lesse comfort now that they bee taken from them and soe much for surety For greatnesse Master Speaker I thinke a man may speake it soberly The benefit of greatnesse and without bravery that this Kingdome of England having Scotland united Ireland reduced the Sea provinces of the low Countries Contracted and shipping maintained is one or the greatest Monarchies in forces truly esteemed that hath beene in the World for certainly the Kingdomes heere on earth have a resemblance with the Kingdome of Heaven which our Saviour compareth not to any great Kirnell or nut but to a very small graine yet such an one as is apt to grow and spread and such doe I take to be the Constitution of this Kingdome if indeed our Countrey bee referred to greatnesse and power and not quenched too much with the consideration of utility and wealth for M. Speaker was it not thinke you a true answere that Solon of Greece made to rich King Croesus of Lydia when he shewed unto him a great quantity of Gold that hee had gathered together in ostentation of his greatnesse and might but Solon said to him contrary to his expectation why Sir if an other come that hath better Iron then you hee will bee Lord of all your Gold neither is the authority of Machiavel to be despised who scorneth the proverbe of State taken first from a speech of Mucianus that monies are the sinewes of wars and saith there are no true sinews of wars but the very Armes of valiant men Nay more Master Speaker whosoever shall look into the seminary The beginning of Monarchies founded in poverty and beginning of the Monarchie of the world hee shall finde them founded in poverty Persia a Countery barren and poore in respect of Media whom they seduced Macedon Macedon a Kingdome ignoble and mercenary untill Phillip the Sonne of Amintas Rome had poore and pastorall beginning Rome The Tuoks a band of Sarmathian Scithes The Turks that in a vagabond maner made impression upon that part of Asia which is called Turcomania out of which after much varieties of fortune sprung the Othoman family now the terror of the World So we know the Gothes Vandalls Alans Huns Lombards Normans and the rest of the Northern people in one age of the World made their discent and expedition upon the Romane Empire and came not as rovers to carry away prey and begun again but planted themselves in a number of rich and fruitfull Provinces where not only their generations but their names remaine to this day witnesse Lombardy Catalonia a name compounded of Goth and Alan Andaluzia a name corrupted from Vandelitia Hungaria Normandy and others Nay the fortune of the Swisses of late yeeres The Switzers which are bred in a barren and mountenous Countrey is not to bee forgotten who first ruined the duke of Burgundy the same who had almost ruined the Kingdome of France what time after the battell neere Granson The rich Jewell of Burgundy prised at many thousands was sold for a few pence by a common Swisse that knew no more what a jewell meant then did Esopes Cock and againe the same Nation in revenge of a scorne was the ruine of the French Kings affaires in Italy Lewis the 12. for that King when hee was pressed somewhat rudely by an agent of the Swissers to raise their pensions brake into words of choller what saith hee will these villains of the mountain put a taske upon mee which words lost him his Duchy of Millain and chased him out of Italy All which examples Master Speaker doe well prove Solons opinion of the authority and Majesty that Iron hath over Gold and therefore if I shall speake unto you mine owne heart me thinkes we should a little disdaine that the Nation of Spain which howsoever of late it hath begun to rule yet of ancient time served many ages first under Carthage then under Rome after under Saracens Goths and others should of late yeeres take unto them that Spirit as to dreame of a monarchy in the West according to that devise vidi Solem Orientem in Occidente onely because they have raised from some wild and unarmed people Mines and store of Gold and on the other side that this Island of Britain seated and named as it is and that hath I make no question the best Iron in the World that is the best souldiers of the World shall thinke of nothing but accompts and audits and meum tuum and I cannot tell what Master Speaker I have I take it gone through the parts which I propoūded to my selfe wherein if any man shall think I have sung a placebo for mine owne particular I would have him know that I am not so unseene in the world but that I discerne it were much alike for my private fortune a tacebo as to sing a placebo in this businesse 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 Judgments is yours God direct it for the best FINIS
bloody and pernitious warre that ever the Romane State endured wherein after numbers of battles and infinite sieges and surprises of Towns the Romanes in the end prevailed and mastred the Latins And ever as they held the honour of the warre so looking back into what perdition and confusion they were near to have beene brought they presently naturalized them all you speake of a naturalization in blood there was a naturalization indeed in blood Let me set before you againe Sparta and Poloponcsus the example of Sparta and the rest of the Peneloponesus their associates The State of Sparta was a nice and jealous state of this point of imparting naturalization to their confederates But what was the issue of it after they held them in a kind of society and amity for diversyeers upon the first occasiō given which was no more then the surprisall of the Castle of Thebes by certaine desperate conspirators in the habit of Masters there ensued imediately a general revolt defection of their associates which was the ruine of their State never afterwards to be recovered Of latter times The Union of the Kingdome of Arragon Let me lead your considerations to behold the like events in 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 Kingdome severed and devided from the rest of Spaine in priviledges and directly in this point of Naturalization or capacity of inheritance what came of this Thus much that now of fresh memory not past twelve yeeres since onely upon the voice of a condemned man out of the grate of a prison towards the streete that cried _____ which is as much as Liberties or Priviledges there was raised a dangerous rebellion which was suppressed with difficulty with an army Royall and their priviledges disanulled and they incorporated with the rest of Spaine upon so small a sparke notwithstanding so long continuance were ready to break and sever again The like may be said of the State of Florence Florence and Pisa and Pisa which City of Pisa being united unto Florence but not endued with the benefit of Naturalization upon the first sight of forraine assistance Charles the Eighth by the expedition of Charles the 8 th of France into Italy did revolte though it bee since againe reunited and incorporated The same effect wee see in the most barbarous Government The like effects in barbarous governments which shewes it the rather to bee an effect of nature for it was thought a fit policy by the councell of Constantinople to retaine the Provinces of Transylvania Valachia and Moldavia which were as the nurses of Constantinople in respect of their provisions to the end they might bee the lesse wasted onely under Vayvods as Vassals and Homagers and not under Bashaws as Provinces of the Yurkish Empire which policy we see by late experience proved unfortuuate as appeared by the revolt of the same three Provinces under the Armies Conduct of Sigismond Prince of Transilvania a leader very famous for a time which revolt is not yet fully recovered whereas we seldome or never hear of revolts of Provinces incorporate to the Turkish Empire On the other part Master Speaker because it is true which the Logicians say Opposita juxta se posita magis Let us take a view and wee shall find that wheresoever Kingdomes and States have beene united and that union incorroberate Naturalization a sure bond by the bond of Naturalization mutually you shall never observe them afterwards upon any occasion of trouble or otherwise to breake and sever againe as wee see most evidently before our eies in our Provinces of France that is to say Guyen Province Normandy Britain which notwithstanding the infinite infesting troubles of that Kingdome never offered to breake again We see the like effect in all the Kingdomes of Spaine which are mutually Naturalized as Leon Castile Valentia Andaluzia Granada and the rest except Arragon which held the contrary course and therefore had the contrary successe as it was said of Portugall of which there is not yet sufficient triall and lastly wee see the like effect England never severed after once united in our own Nation which never rent asunder after it was united so as wee now scarce know whether the Heptarchy were a Story or a Fable and therefore Master Speaker when I revolue with my selfe these examples and others so lively expressing the necessity of a Naturalization to avoid a relaps into a separation and doe heere see many arguments and scruples on the other side it makes mee think on the old Bishop which upon a publique disputation of certaine Christian Divines with some learned men of the heathen did extreamely presse to bee heard and they were loath to suffer him because they knew hee was unlearned though otherwise an holy and well meaning man But at last with much adoe hee got to be heard and when hee came to speake in stead of using Argument he did only say over his belief but did it with such assurance and constancy that it did strike the minds of those that heard him more then any Argument had done and so Master Speaker against all these wittie and subtile Arguments I say I doe believe and I would bee sorry to bee found a prophet in it that except we proceed with this Naturalization though not perhaps in his Majesties time who hath such interest in both nations yet in the meane time of his Discendants these realms will bee in continuall danger to divide and breake again now if any man bee of that carelesse minde Maneat mors ea ea cura nepotes Or of that harde minde to leave things to be tried by the sharpest sword sure I am hee is not of Saint Pauls opinion who affirmeth that whosoever useth not fore-sight and provision for his family is worse then an unbeliever much more if wee shall not use fore-sight for these two Kingdomes that comprehend in them so many families but leave things open to the perill of future divisions and thus have I expressed unto you what inconveniences of all others sinke deepest with mee as the most weighty neither doth their want other inconveniences Master Speaker the effects and influence whereof I feare will not bee adjourned to so long a day as this that I have spoken of But I leave it to your considerations and wisdomes to consider whether you doe not thinke in case by the deniall of this Naturalization any Pike alienation or unkindnesse I doe not say should bee but should be thought to bee or noised to bee betweene these two Nations whether it will not quicken or exite all the envious and malicious humours wheresoever which are now covered against us either forraine or at home and so open the way to practice A binding inconvenience and other Engines and machinations to the disturbance