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committee, because they receive more distinction | fulness and strength of the current and tide, how and restriction.
many families of Scotsmen are planted in the cities, To come therefore to the inconveniences alleged boroughs, and towns of this kingdom ; for I do ason the other part, the first of them is, that there sure myself, that, more than some persons of quality may ensue of this naturalization a surcharge of about his Majesty's person here at court, and in people upon this realm of England, which is sup-London, and some other inferior persons, that have posed already to have the full charge and content: a dependence upon them, the return and certificate, and therefore there cannot be an admission of the if such a survey should be made, would be of a adoptive without a diminution of the fortunes and number extremely small : I report me to all your conditions of those that are native subjects of this private knowledges of the places where you inhabit. realm. A grave objection, Mr. Speaker, and very Now, Mr. Speaker, as I said, “Si in ligno viridi dutiful; for it proceeds not of any unkindness to the ita fit, quid fiet in arido ?” I am sure there will be Scottish nation, but of a natural fastness to ourselves : no more such spring-tides. But you will tell me of for that answer of the virgins, “Ne forte non suffi a multitude of families of the Scottish nation in ciat vobis et nobis,” proceeded not out of any envy Polonia; and if they multiply in a country so far or malign humour, but out of providence, and the off, how much more here at hand! For that, Mr. original charity which begins with ourselves. And Speaker, you must impute it of necessity to some I must confess, Mr. Speaker, that as the gentleman special accident of time and place that draws them said, when Abraham and Lot, in regard of the great thither: for you see plainly before your eyes, that ness of their families, grew pent and straitened, it is in Germany, which is much nearer, and in France, true, that, brethren though they were, they grew to where they are invited with privileges, and with difference, and to those words, “ Vade tu ad dexte- this very privilege of naturalization, yet no such ram, et ego ad sinistram,” etc. But certainly, I number can be found; so as it cannot either be should never have brought that example on that nearness of place, or privilege of person, that is the side; for we see what followed of it, how that this
But shall I tell you, Mr. Speaker, what I separation “ad dexteram et ad sinistram" caused think? Of all the places in the world, near or far the miserable captivity of the one brother, and the off, they will never take that course of life in this dangerous, though prosperous war of the other, for kingdom, which they content themselves with in his rescue and recovery.
Poland; for we see it to be the nature of all men But to this objection, Mr. Speaker, being so that they will rather discover poverty abroad, than weighty and so principal, I mean to give three at home. There is never a gentleman that hath several answers, every one of them being, to my overreached himself in expense, and thereby must understanding, by itself sufficient.
abate his countenance, but he will rather travel, and The first is, that this opinion of the do it abroad than at home: and we know well they The opinion of the number of number of the Scottish nation, that have good high stomachs, and have ever stood in
should be likely to plant themselves some terms of emulation with us: and therefore
here amongst us, will be found to be a they will never live here, except they can live in thing rather in conceit than in event; for, Mr. good fashion. So as I assure you, Mr. Speaker, I Speaker, you shall find those plausible similitudes, am of opinion that the strife which we now have to of a tree that will thrive the better if it be removed admit them, will have like sequel as that contention into the more fruitful soil: and of sheep or cattle, had between the nobility and people of Rome for that if they find a gap or passage open will leave the admitting of a plebeian consul; which whilst it the more barren pasture, and get into the more rich was in passage was very vehement, and mightily and plentiful, to be but arguments merely superficial, stood upon, and when the people had obtained it, and to have no sound resemblance with the trans- they never made any plebeian consul, not in sixty planting or transferring of families; for the tree, we years after: and so will this be for many years, as know, by nature, as soon as it is set in the better I am persuaded, rather a matter in opinion and ground, can fasten upon it, and take nutriment from reputation, than in use or effect. And this is the it; and a sheep, as soon as he gets into the better first answer that I give to this main inconvenience pasture, what should let him to graze and feed ? pretended, of surcharge of people. But there belongeth more, I take it, to a family or The second answer which I give to
England not particular person, that shall remove from one nation this objection, is this : I must have peopled to the to another: for if, Mr. Speaker, they have not stock, leave to doubt, Mr. Speaker, that this means, acquaintance and custom, habitation, trades, realm of England is not yet peopled to the full; for countenance, and the like, I hope you doubt not but certain it is, that the territories of France, Italy, they will starve in the midst of the rich pasture, and Flanders, and some parts of Germany, do in equal are far enough off from grazing at their pleasure: space of ground bear and contain a far greater quanand therefore in this point, which is conjectural, tity of people, if they were mustered by the poll; experience is the best guide ; for the time past is a neither can I see, that this kingdom is so much inpattern of the time to come. I think no man ferior unto those foreign parts in fruitfulness, as it doubteth, Mr. Speaker, but his Majesty's first coming is in population ; which makes me conceive we in was as the greatest spring-tide for the confluence have not our full charge. Besides, I do see manifestly and entrance of that nation. Now I would fain amongst us the badges and tokens rather of scarceunderstand, in these four years' space, and in the ness, than of press of people, as drowned grounds,
the Scottish nation.
not mar me countries sur
The answer to
commons, wastes, and the like, which is a plain never in this manner forget considerations of amplidemonstration, that howsoever there may be an tude and greatness, and fall at variance about profit overswelling throng and press of people here about and reckonings; fitter a great deal for private perLondon, which is most in our eye, yet the body of sons than for parliaments and kingdoms. And thus, the kingdom is but thin sown with people : and Mr. Speaker, I leave this first objection to such whosoever shall compare the ruins and decays of satisfaction as you have heard. ancient towns in this realm, with the erections and The second objection is, that the augmentations of new, cannot but judge that this fundamental laws of both these king- mental laws of realm hath been far better peopled in former times; doms of England and Scotland are yet Scotland are it may be, in the heptarchy, or otherwise: for diverse and several; nay more, that it diverse and
several generally the rule holdeth, the smaller the state, the is declared by the instrument, that greater the population, pro rata. And whether this they shall so continue, and that there is no intent in be true or no, we need not seek farther, than to call his Majesty to make innovation in them: and thereto our remembrance how many of us serve here in fore that it should not be seasonable to proceed to this place for desolate and decayed boroughs. this naturalization, whereby to endow them with our Mediterrane, Again, Mr. Speaker, whosoever look- rights and privileges, except they should likewise
eth into the principals of estate, must receive and submit themselves to our laws; and charged with hold that it is the mediterrane coun this objection likewise, Mr. Speaker, I allow to be people.
tries, and not the maritime, which need a weighty objection, and worthy to be well answered to fear surcharge of people; for all sea provinces, and discussed. and especially islands, have another element besides The answer which I shall offer is the earth and soil, for their sustentation. For this: It is true, for my own part, Mr. the second obwhat an infinite number of people are, and may be, Speaker, that I wish the Scottish jection. sustained by fishing, carriage by sea, and merchan- nation governed by our laws; for I hold our laws dising! Wherein again I do discover, that we are with some reducement worthy to govern, and it were not at all pinched by the multitude of people ; for the world: but this is that which I say, and I desire if we were, it were not possible that we should therein your attention, that, according to true rearelinquish and resign such an infinite benefit of son of estate, naturalization is in order first and fishing to the Flemings, as it is well known we do. precedent to union of laws; in degree a less matter And therefore I see, that we have wastes by sea, as than union of laws; and in nature separable, not well as by land; which still is an infallible argu- inseparable from union of laws; for naturalization ment that our industry is not awakened to seek doth but take out the marks of a foreigner, but maintenance by an over-great press or charge of union of laws makes them entirely as ourselves. people. And lastly, Mr. Speaker, there was never Naturalization taketh away separation; but union any kingdom in the ages of the world had, I think, of laws doth take away distinction. Do we not so fair and happy means to issue and discharge the see, Mr. Speaker, that in the administration of the multitude of their people, if it were too great, as world under the great Monarch God himself, that this kingdom hath, in regard of that desolate and his laws are diverse ; one law in spirits, another in wasted kingdom of Ireland; which being a country bodies; one law in regions celestial, another in eleblessed with almost all the dowries of nature, as mentary ; and yet the creatures are all one mass or rivers, havens, woods, quarries, good soil, and tem- lump, without any vacuum or separation ? Do we perate climate, and now at last under his Majesty not likewise see in the state of the church, that blessed also with obedience, doth, as it were, con amongst people of all languages and lineages there tinually call unto us for our colonies and plantations. is one communion of saints, and that we are all felAnd so I conclude my second answer to this pretended low-citizens and naturalized of the heavenly Jerusainconvenience, of surcharge of people.
lem; and yet nevertheless divers and several eccleThe third answer, Mr. Speaker, which I give, is siastical laws, policies, and hierarchies, according this: I demand what is the worst effect that can to the speech of that worthy father, “In veste varifollow of surcharge of people ? Look into all stories, etas sit, scissura non sit ?” And therefore certainly, and you shall find it none other than some honour- Mr. Speaker, the bond of law is the more special able war for the enlargement of their borders, which and private bond, and the bond of naturalization find themselves pent, upon foreign parts; which the more common and general; for the laws are inconvenience, in a valorous and warlike nation, I rather figura reipublicæ than forma, and rather know not whether I should term an inconvenience bonds of perfection than bonds of entireness : and or no; for the saying is most true, though in an therefore we see in the experience of our own other sense, “ Omne solum forti patria.” It was government, that in the kingdom of Ireland, all our spoken indeed of the patience of an exiled man, but statute laws, since Poyning's law, are not in force ; it is no less true of the valour of a warlike nation. and yet we deny them not the benefit of naturalizaAnd certainly, Mr. Speaker, I hope I may speak it tion. In Guernsey and Jersey and the isle of Man, without offence, that if we did hold ourselves worthy, our common laws are not in force, and yet they whensoever just cause should be given, either to have the benefit of naturalization ; neither need any recover our ancient rights, or to revenge our late man doubt but that our laws and customs must in wrongs, or to attain the honour of our ancestors, or small time gather and win upon theirs ; for here is to enlarge the patrimony of our posterity, we would | the seat of the kingdom, whence come the supreme
The first de
directions of estate : here is the king's person and very materially, Whereabout do we contend? The example, of which the verse saith, “ Regis ad exem- benefit of naturalization is by the law, in as many plum totus componitur orbis.” And therefore it is as have been or shall be born since his Majesty's not possible, although not by solemn and formal act coming to the crown, already settled and invested. of estates, yet by the secret operation of no long There is no more then but to bring the ante-nati time, but they will come under the yoke of our into the degree of the post-nati, that men grown laws, and so dulcis tractus pari jugo. And this is that have well deserved may be in no worse case the answer I give to the second objection.
than children which have not deserved, and elder Inequality in The third objection is, some in- brothers in no worse case than younger brothers; between Eng
equality in the fortunes of these two so as we stand upon quiddam, not quantum, being land and Scot- nations, England and Scotland, by the but a little difference of time of cne generation from land.
commixture whereof there may ensue another. To this, Mr. Speaker, it is said by some, advantage to them and loss to us. Wherein, Mr. that the law is not so, but that the post-nati are Speaker, it is well that this difference or disparity aliens as well as the rest. A point that I mean not consisteth but in the external goods of fortune: for much to argue, both because it hath been well spoken indeed it must be confessed, that for the goods to by the gentleman that spoke last before me; and of the mind and the body, they are alteri nos, because I do desire in this case and in this place other ourselves; for to do them but right, we to speak rather of conveniency than of law; only know in their capacities and understandings they this I will say, that that opinion seems to me conare a people ingenious, in labour industrious, intrary to reason of law, contrary to form of pleading courage valiant, in body hard, active, and comely. in law, and contrary to authority and experience of More might be said, but in commending them we law. For reason of law, when I meditate of it, medo but in effect commend ourselves: for they are of thinks the wisdom of the common laws of England one piece and continent with us; and the truth is, well observed, is admirable in the distribution of the we are participant both of their virtues and vices. benefit and protection of the laws, according to the For if they have been noted to be a people not so several conditions of persons, in an excellent protractable in government, we cannot, without flatter. portion. The degrees are four, but bipartite, two ing ourselves, free ourselves altogether from that of aliens and two of subjects. fault, being a thing indeed incident to all martial The first degree is of an alien born people; as we see it evident by the example of the under a king or state, that is an enemy. gree of an Romans and others ; even like unto fierce horses, If such an one come into this kingdom that though they be of better service than others, without safe conduct, it is at his peril: the law yet are they harder to guide and manage.
giveth him no protection, neither for body, lands, But for this objection, Mr. Speaker, I purpose to nor goods; so as if he be slain there is no remedy answer it, not by the authority of Scriptures, which by any appeal at the party's suit, although his wife saith, “ Beatius est dare quam accipere," but by an were an English woman : marry at the king's suit, authority framed and derived from the judgment of the case may be otherwise in regard of the offence ourselves and our ancestors in the same case as to this point. For, Mr. Speaker, in all the line of our The second degree is of an alien that
The second kings none useth to carry greater commendation is born under the faith and allegiance degree of an than his Majesty's noble progenitor king Edward of a king or state that is a friend. Unto alien born the first of that name; and amongst his other com such a person the law doth impart a state that is mendations, both of war and policy, none is more greater benefit and protection, that is, celebrated than his purpose and enterprise for the concerning things personal, transitory, and movable, conquest of Scotland, as not bending his designs to as goods and chattels, contracts, and the like, but glorious acquests abroad, but to solid strength at not concerning freehold and inheritance. And the home; which, nevertheless, if it had succeeded well, reason is, because he may be an enemy, though he could not but have brought in all those inconve- be not ; for the state under the obeisance of which niences of the commixture of a more opulent king- he is, may enter into quarrel and hostility; and dom with a less, that are not alleged. For it is therefore as the law hath but a transitory assur
not the yoke, either of our laws or ance of him, so it rewards him but with transitory Laws or arms
arms, that can alter the nature of the benefits. the nature of climate or the nature of the soil ; nei The third degree is of a subject, who climates.
ther is it the manner of the commix- having been an alien, is made free by degree of an ture that can alter the matter of the commixture: charter and denization. To such an one
alien subject. and therefore, Mr. Speaker, if it were good for us the law doth impart yet a more ample benefit : for then, it is good for us now, and not to be prized the it gives him power to purchase freehold and inheriless because we paid not so dear for it.
tance to his own use, and likewise enables the chilmore full answer to this objection I refer over to dren born after his denization to inherit. But yet that which will come after, to be spoken touching nevertheless he cannot make title or convey pedisurety and greatness.
gree from any ancestor paramount; for the law The fourth objection, Mr. Speaker, is not pro- thinks not good to make him in the same degree perly an objection, bnt rather a pre-occupation of an with a subject born, because he was once an alien, objection of the other side ; for it may be said, and / and so might once have been an enemy: and,
to the peace.
"nemo subito fingitur," men's affections cannot be Of this assertion the first example The union beso settled by any benefit, as when from their nativity which I will set before you, is of that mans and the they are inbred and inherent.
memorable union which was between And the fourth degree, which is the the Romans and the Latins, which continued from The fourth degree the perfect degree, is of such a person as
the battle at the lake of Regilla, for many years, perfect de
neither is enemy, nor could have been unto the consulships of C. Plautius and L. Æmilius
enemy in time past, nor can be enemy Mamercus.* At what time there began, about this in time to come ; and therefore the law gives unto very point of naturalization, that war which was him the full benefit of naturalization.
called “ Bellum sociale," being the most bloody and Now, Mr. Speaker, if these be the true steps and pernicious war that ever the Roman state endured: paces of the law, no man can deny but whosoever is wherein, after numbers of battles and infinite sieges born under the king's obedience, never could " in and surprises of towns, the Romans in the end prealiquo puncto temporis " be an enemy; a rebel he vailed and mastered the Latins; but as soon as ever might be, but no enemy, and therefore in reason of they had the honour of the war, looking back into law is naturalized. Nay, contrariwise, he is bound what perdition and confusion they were near to have jure nativitatis to defend this kingdom of England been brought, they presently naturalized them all. against all invaders or rebels ; and therefore as he You speak of a naturalization in blood ; there was is obliged to the protection of arms, and that per a naturalization indeed in blood. petually and universally, so he is to have the per Let me set before you again the ex
Sparta and petual and universal benefit and protection of law, ample of Sparta, and the rest of Pelo Peloponwhich is naturalization.
ponnesus their associates. The state of nesus. For form of pleading, it is true that hath been Sparta was a nice and jealous state in this point of said, that if a man would plead another to be an imparting naturalization to their confederates. But alien, he must not only set forth negatively and what was the issue of it? After they had held them privatively, that he was born out of the obedience of in a kind of society and amity for divers years, upon our sovereign lord the king, but affirmatively, under the first occasion given, which was no more than the the obedience of a foreign king or state in particu surprisal of the castle of Thebes, by certain despelar, which can never be done in this case.
rate conspirators in the habit of maskers, there enAs for authority, I will not press it ; you know sued immediately a general revolt and defection of all what hath been published by the king's procla their associates; which was the ruin of their state, mation. And for experience of law we see it in never afterwards to be recovered. the subjects of Ireland, in the subjects of Guernsey
Of later times let me lead your con- The union of and Jersey, parcels of the duchy of Normandy; in sideration to behold the like events in the kingdom of
Arragon. the subjects of Calais when it was English, which the kingdom of Arragon; which kingwas parcel of the crown of France. But, as I said, dom was united with Castile and the rest of Spain I am not willing to enter into an argument of law, in the persons of Ferdinando and Isabella, and so but to hold myself to point of conveniency, so as for continued many years ; but yet so as it stood a my part I hold all post-nati naturalized ipso jure ; kingdom severed and divided from the rest of the but yet I am far from opinion, that it should be a body of Spain in privileges, and directly in this point thing superfluous to have it done by parliament; of naturalization, or capacity of inheritance. What chiefly in respect of that true principle of state, came of this? Thus much, that now of fresh memory, “Principum actiones præcipue ad famam sunt com not past twelve years since, only upon the voice of ponendæ.” It will lift up a sign to all the world a condemned man out of the grate of a prison of our love towards them, and good agreement with towards the street, that cried, Fueros Libertad, them. And these are, Mr. Speaker, the material Libertad, which is as much as, liberties or privileges, objections which have been made on the other side, there was raised a dangerous rebellion, which was whereunto you have heard my answers ; weigh suppressed with great difficulty with an army royal. them in your wisdoms, and so I conclude that After which victory nevertheless, to shun farther general part.
inconvenience, their privileges were disannulled, and Now, Mr. Speaker, according as I promised, I they were incorporated with Castile and the rest of must fill the other balance in expressing unto you Spain. Upon so small a spark, notwithstanding so the inconveniences which we shall incur, if we shall | long continuance, were they ready to break and not proceed to this naturalization: wherein that in sever again. convenience, which above all others, and alone by The like may be said of the states itself, if there were none other, doth exceedingly of Florence and Pisa, which city of Florence and move me, and may move you, is a position of estate, Pisa being united unto Florence, but collected out of the records of time, which is this : not endowed with the benefit of naturalization, upon that wheresoever several kingdoms or estates have the first light of foreign assistance, by the expedibeen united in sovereignty, if that union hath not tion of Charles VIII. of France into Italy, did revolt; been fortified and bound in with a farther union, and though it be since again re-united and incorporated. namely, that which is now in question, of naturalization, this hath followed, that at one time or other * 169 years after that battle. There are extant at this day they have broken again, being upon all occasions
coins or medals, in memory of a battle fought by this c.
Plautius at Privernum. Another copy hath of T. Manlius apt to revolt and relapse to the former separation. and P. Decius.
The like effect in barbarous
tion a sure bond.
The same effect we see in the most danger to divide and break again.
Now if any man barbarous government, which shows it be of that careless mind, “ Maneat nostros ea cura government
the rather to be an effect of nature; for nepotes ;” or of that hard mind, to leave things to it was thought a fit policy by the council of Con- be tried by the sharpest sword : sure I am, he is stantinople, to retain the three provinces of Transyl. not of St. Paul's opinion, who affirmeth, that whovania, Wallachia, and Moldavia, which were as the soever useth not foresight and provision for his favery nurses of Constantinople, in respect of their mily, is worse than an unbeliever ; much more if we provisions, to the end they might be the less wasted, shall not use foresight for these two kingdoms, that only under waywods as vassals and homagers, and comprehend in them so many families, but leave not unto bashaws, as provinces of the Turkish things open to the peril of future divisions. And empire: which policy we see by late experience thus have I expressed unto you the inconvenience, proved unfortunate, as appeared by the revolt of the which, of all others, sinketh deepest with me as the same three provinces, under the arms and conduct of most weighty : neither do there want other inconSigismond prince of Transylvania ; a leader very veniences, Mr. Speaker, the effects and influences famous for a time; which revolt is not yet fully re whereof, I fear, will not be adjourned to so long a covered. Whereas we seldom or never hear of day as this that I have spoken of: for I leave it to revolts of provinces incorporate to the Turkish your wisdom to consider whether you do not think, empire.
in case, by the denial of this naturalization, any pique, On the other part, Mr. Speaker, because it is true alienation, or unkindness, I do not say should be, what the logicians say, Opposita juxta se posita but should be thought to be, or noised to be between magis elucescunt :” let us take a view, and we shall these two nations, whether it will not quicken and find that wheresoever kingdoms and states have been excite all the envious and malicious humours, where
united, and that union corroborate by soever, which are now covered, against us, either Naturaliza
the bond of mutual naturalization, you foreign or at home; and so open the way to prac
shall never observe them afterwards, tices and other engines and machinations, to the upon any occasion of trouble or otherwise, to break disturbance of this state ? As for that
A binding inand sever again : as we see most evidently before other inconvenience of his Majesty's our eyes, in divers provinces of France, that is to engagement to this action, it is too say, Guienne, Provence, Normandy, Britain, which, binding and too pressing to be spoken of, and may notwithstanding the infinite infesting troubles of that do better a great deal in your minds than in my kingdom, never offered to break again.
mouth, or in the mouth of any man else ; because, We see the like effect in all the kingdoms of Spain, as I say, it doth press our liberty too far. And which are mutually naturalized, as Leon, Castile, therefore, Mr. Speaker, I come now to the third Valentia, Andalusia, Granada, Murcia, Toledo, Cata- general part of my division, concerning the benefits lonia, and the rest, except Arragon, which held the which we shall purchase by this knitting of the contrary course, and therefore had the contrary suc knot surer and straiter between these two kingdoms, cess, as was said, and Portugal, of which there is by the communicating of naturalization: the benefits not yet sufficient trial. And lastly, we see the like may appear to be two, the one surety, the other
effect in our own nation, which never greatness. England never severed after rent asunder after it was once united; Touching surety, Mr. Speaker, it was the benefit of so as we now scarce know whether the well said by Titus Quintius the Roman,
surety. heptarchy were a true story or a fable. And there. touching the state of Peloponnesus, that the tortoise fore, Mr. Speaker, when I revolve with myself these is safe within her shell, “ Testudo intra tegumen examples and others, so lively expressing the neces tuta est ;" but if there be any parts that lie open, sity of a naturalization to avoid a relapse into a separa- they endanger all the rest. We know well, that tion; and do hear so many arguments and scruples although the state at this time be in a happy peace, made on the other side ; it makes me think on the old yet for the time past, the more ancient enemy to bishop, which, upon a public disputation of certain this kingdom hath been the French, and the more christian divines with some learned men of the hea- late the Spaniard ; and both these had as it were then, did extremely press to be heard; and they were their several postern gates, whereby they might loth to suffer him because they knew he was unlearned, have approach and entrance to annoy us. France though otherwise a holy and well-meaning man : had Scotland, and Spain had Ireland; for these but at last, with much ado, he got to be heard ; and were the two accesses which did comfort and enwhen he came to speak, instead of using argument, courage both these enemies to assail and trouble us. he did only say over his belief: but did it with such We see that of Scotland is cut off by the union of assurance and constancy, as it did strike the minds these two kingdoms, if that it shall be now made of those that heard him more than any argument constant and permanent; that of Ireland is cut off had done. And so, Mr. Speaker, against all these likewise by the convenient situation of the west of witty and subtle arguments, I say, that I do believe, Scotland towards the north of Ireland, where the and I would be sorry to be found a prophet in it, sore was: which we see, being suddenly closed, that except we proceed with this naturalization, hath continued closed, by means of the salve ; so though perhaps not in his Majesty's time, who hath that as now there are no parts of this state exposed such interest in both nations, yet in the time of to danger to be a temptation to the ambition of fohis descendants, these realms will be in continual reigners, but their approaches and avenues are taken