« PreviousContinue »
away : for I do little doubt but those foreigners as rovers, to carry away prey, and be gone again; which had so little success when they had those but planted themselves in a number of rich and fruitadvantages, will have much less comfort now that ful provinces, where not only their generations, but they be taken from them: and so much for surety. their names, remain to this day: witness Lombardy,
For greatness, Mr. Speaker, I think Catalonia, a name compounded of Goth and Alan, of greatness.
a man may speak it soberly and with. Andalusia, a name corrupted from Vandalitia, Hun
out bravery, that this kingdom of Eng-garia, Normandy, and others. land, having Scotland united, Ireland reduced, the Nay, the fortune of the Swisses of sea provinces of the Low Countries contracted, and late years, which are bred in a barren shipping maintained, is one of the greatest mon and mountainous country, is not to be forgotten : archies, in forces truly esteemed, that hath been in who first ruined the duke of Burgundy, the same the world. For certainly the kingdoms here on earth who had almost ruined the kingdom of France, what have a resemblance with the kingdom of heaven, time, after the battle near Granson, the rich jewel which our Saviour compareth, not to any great ker- of Burgundy, prized at many thousands, was sold nel or nut, but to a very small grain, yet such an one for a few pence by a common Swiss, that knew no as is apt to grow and spread; and such do I take to more what a jewel meant than did Æsop's cock. be the constitution of this kingdom; if indeed we And again, the same nation, in revenge of a scorn, shall refer our counsels to greatness and power, and was the ruin of the French king's affairs in Italy, not quench them too much with the consideration of Lewis XII. For that king, when he was pressed utility and wealth. For, Mr. Speaker, was it not, somewhat rudely by an agent of the Switzers to think you, a true answer that Solon of Greece made raise their pensions, brake into words of choler: to the rich king Cræsus of Lydia, when he showed “ What,” saith he, “ will these villains of the moununto him a great quantity of gold that he had ga- tains put a tax upon me!” Which words lost him thered together, in ostentation of his greatness and his duchy of Milan, and chased him out of Italy. might? But Solon said to him, contrary to his ex All which examples, Mr. Speaker, do well prove pectation, Why, Sir, if another come that hath | Solon's opinion of the authority and mastery that better iron than you, he will be lord of all your gold." iron hath over gold. And therefore, if I shall speak Neither is the authority of Machiavel to be despised, unto you mine own heart, methinks we should a who scorneth that proverb of state, taken first from little disdain that the nation of Spain, which howa speech of Mucianus, That moneys are the sinews soever of late hath grown to rule, yet of ancient of war; and saith, “ There are no true sinews of time served many ages ; first under Carthage, then war, but the very sinews of the arms of valiant under Rome, after under Saracens, Goths, and others, men.”
should of late years take unto themselves that spirit The beginning
Nay more, Mr. Speaker, whosoever as to dream of a monarchy in the west, according of monarchies shall look into the seminaries and be to that device, “ Video solem orientem in occidente," poverty.
ginnings of the monarchies of the world, only because they have ravished from some wild
he shall find them founded in poverty. and unarmed people mines and store of gold; and Persia, a country barren and poor, in respect of on the other side, that this island of Britain, seated Media, which they subdued.
and manned as it is, and that hath, I make no Macedon, a kingdom ignoble and question, the best iron in the world, that is, the best
mercenary until the time of Philip the soldiers in the world, shall think of nothing but son of Amyntas.
reckonings and audits, and meum et tuum, and I Rome.
Rome had poor and pastoral begin. cannot tell what. nings.
Mr. Speaker, I have, I take it, gone through the The Turks, a band of Sarmatian parts which I propounded to myself, wherein if any
Scythes, that in a vagabond manner man shall think that I have sung a placebo, for made incursion upon that part of Asia, which is yet mine own particular, I would have him know that called Turcomania ; out of which after much variety I am not so unseen in the world, but that I discern of fortune, sprung the Ottoman family, now the it were much alike for my private fortune to rest a terror of the world.
tacebo, as to sing a placebo in this business : but I So, we know, the Goths, Vandals, Alans, Huns, have spoken out of the fountain of my heart, “ CreLombards, Normans, and the rest of the northern didi propter quod locutus sum :" I believed, therepeople, in one age of the world made their descent fore I spake. So as my duty is performed: the or expedition upon the Roman empire, and came not, I judgment is yours ; God direct it for the best.
07, the TETT, BE
SIR FRANCIS BACON, KNIGHT,
IN THE LOWER HOUSE OF PARLIAMENT,
BY OCCASION OF A MOTION CONCERNING THE UNION OF LAWS.
And it please you Mr. Speaker, were it now a this work I esteem to be indeed a work, rightly to time to wish, as it is to advise, no man should be term it, heroical. So that for this good wish of more forward or more earnest than myself in this union of laws I do consent to the full: And I think wish, that his Majesty's subjects of England and you may perceive by that which I have said, that I Scotland were governed by one law: and that for come not in this to the opinion of others, but that I many reasons.
was long ago settled in it myself; nevertheless, as First, Because it will be an infallible assurance this is moved out of zeal, so I take it to be moved that there will never be any relapse in succeeding out of time, as commonly zealous motions are, while ages to a separation.
men are so fast carried on to the end, as they give Secondly, “ Dulcis tractus pari jugo.” If the no attention to the mean: for if it be time to talk of draught lie most upon us, and the yoke lie lightest this now, it is either because the business now in on them, it is not equal.
hand cannot proceed without it, or because in time Thirdly, The qualities, and as I may term it, the and order this matter should be precedent, or beelements of their laws and ours are such, as do cause we shall lose some advantage towards this promise an excellent temperature in the compounded effect so much desired, if we should go on in the body : for if the prerogative here be too indefinite, course we are about. But none of these three in my it may be the liberty there is too unbounded ; if our judgment are true ; and therefore the motion, as I laws and proceedings be too prolix and formal, it said, unseasonable. may be theirs are too informal and summary.
For first, That there may not be a naturalization Fourthly, I do discern to my understanding, there without a union in laws, cannot be maintained. will be no great difficulty in this work ; for their Look into the example of the church and the union laws, by that I can learn, compared with ours, thereof. You shall see several churches, that join are like their language compared with ours: for as in one faith, one baptism, which are the points of their language hath the same roots that ours hath, spiritual naturalization, do many times in policy, but hath a little more mixture of Latin and French; constitutions, and customs differ: and therefore one so their laws and customs have the like grounds of the fathers made an excellent observation upon that ours have, with a little more mixture of the the two mysteries; the one, that in the gospel, civil law and French customs.
where the garment of Christ is said to have been Lastly, The mean to this work seemeth to me no without seam; the other, that in the psalm, where less excellent than the work itself: for if both laws the garment of the queen is said to have been of shall be united, it is of necessity for preparation divers colours ; and concludeth, " In veste varietas and inducement thereunto, that our own laws be re- sit, scissura non sit.” So in this case, Mr. Speaker, viewed and re-compiled; than the which I think we are now in hand to make this monarchy of one there cannot be a work, that his Majesty can under- piece, and not of one colour. Look again into the take in these his times of peace, more politic, more examples of foreign countries, and take that next honourable, nor more beneficial to his subjects for us of France, and there you shall find that they
have this distribution, " pais du droit escrit," and
“pais du droit coustumier.” For Gascoigne, LanPace data terris, animum ad civilia vertit Jura suum, legesque tulit justissimus auctor.
guedoc, Provence, Dauphiny, are countries governed
by the letter, or text of the civil law : but the isle For this continual heaping up of laws without of France, Tourain, Berry, Anjou, and the rest, and digesting them, maketh but a chaos and confusion, most of all Britainy and Normandy are governed and turneth the laws many times to become but by customs, which amount to a municipal law, and snares for the people, as is said in the Scripture, use the civil law but only for grounds, and to decide “ Pluet super eos laqueos." Now “Non sunt pe new and rare cases; and yet nevertheless naturalizajores laquei, quam laquei legum.” And therefore tion passeth through all.
Secondly, That this union of laws should precede To come therefore to that, which is now in questhe naturalization, or that it should go on pari passu, tion, it is no more but whether there should be a hand in hand, I suppose likewise, can hardly be difference made, in this privilege of naturalization, maintained: but the contrary, that naturalization between the ante-nati and the post-nati, not in point ought to precede, and that not in the precedence of of law, for that will otherwise be decided, but only an instant; but in distance of time: of which my in point of convenience; as if a law were now to be opinion, as I could yield many reasons, so because made de novo. In which question I will at this all this is but a digression, and therefore ought to time only answer two objections, and use two argube short, I will hold myself now only to one, which ments, and so leave it to your judgment. is briefly and plainly this; that the union of laws The first objection hath been, that if a difference will ask a great time to be perfected, both for the should be, it ought to be in favour of the ante-nati, compiling and for the passing of them. During all because they are persons of merit, service, and proof; which time, if this mark of strangers should be de- whereas the post-nati are infants, that, as the Scripnied to be taken away, I fear it may induce such a ture saith, know not the right hand from the left. habit of strangeness, as will rather be an impedi This were good reason, Mr. Speaker, if the quesment than a preparation to farther proceeding: for tion were of naturalizing some particular persons by he was a wise man that said, “ Opportuni magnis a private bill; but it hath no proportion with the conatibus transitus rerum,” and in these cases, “non general case ; for now we are not to look to respects progredi, est regredi.” And like as in a pair of that are proper to some, but to those which are comtables, you must put out the former writing before mon to all. Now then how can it be imagined, but you can put in new; and again, that which you that those, which took their first breath since this write in, you write letter by letter; but that which happy union, inherent in his Majesty's person, must you put out, you put out at once: so we have now be more assured and affectionate to this kingdom, to deal with the tables of men's hearts, wherein it is than those generally can be presumed to be, which in vain to think you can enter the willing accept were sometimes strangers ? for “Nemo subito finance of our laws and customs, except you first put gitur :" the conversions of minds are not so swift'as forth all notes, either of hostility or foreign condi- the conversions of times. Nay in effects of grace, tion: and these are to be put out simul et semel, at which exceed far the effects of nature, we see St. once without gradations; whereas the other points Paul makes a difference between those he calls are to be imprinted and engraven distinctly and by Neophytes, that is, newly grafted into christianity, degrees.
and those that are brought up in the faith. And so Thirdly, Whereas it is conceived by some, that we see by the laws of the church that the children the communication of our benefits and privileges is of christians shall be baptized in regard of the faith a good hold that we have over them to draw them of their parents : but the child of an ethnic may not to submit themselves to our laws, it is an argument receive baptism till he be able to make an underof some probability, but yet to be answered many standing profession of his faith. ways. For first, the intent is mistaken, which is Another objection hath been made, that we ought not, as I conceive it, to draw them wholly to a sub- to be more provident and reserved to restrain the jection to our laws, but to draw both nations to one post-nati than the ante-nati; because during his uniformity of law. Again, to think that there should Majesty's time, being a prince of so approved wisdom be a kind of articulate and indented contract, that and judgment, we need no better caution than the they should receive our laws to obtain our privileges, confidence we may repose in him; but in the future it is a matter in reason of estate not to be expected, reigns of succeeding ages, our caution must be in re being that which scarcely a private man will ac and not in
persona. knowledge, if it come to that whereof Seneca speak But, Mr. Speaker, to this I answer, that as we eth, " Beneficium accipere est libertatem vendere.” cannot expect a prince hereafter less like to err in No, but courses of estate do describe and delineate respect of his judgment; so again, we cannot expect another way, which is, to win them either by benefit a prince so like to exceed, if I may so term it, in or by custom: for we see in all creatures that men this point of beneficence to that nation, in respect of do feed them first, and reclaim them after.
the occasion. For whereas all princes and all men in the first institution of kingdoms, kings did first are won either by merit or conversation, there is no win people by many benefits and protections, before appearance, that any of his Majesty's descendants they pressed any yoke. And for custom, which the can have either of these causes of bounty towards poet calls imponere morem ; who doubts but that that nation in so ample degree as his Majesty hath. the seat of the kingdom, and the example of the And these be the two objections, which seem to me king resting here with us, our manners will quickly most material, why the post-nati should be left free, be there, to make all things ready for our laws ? and not be concluded in the same restrictions with And lastly, the naturalization, which is now pro- the ante-nati; whereunto you have heard the answers. pounded, is qualified with such restrictions as there The two reasons, which I will use on the other will be enough kept back to be used at all times for side, are briefly these: the one being a reason of an adamant of drawing them farther on to our de common sense ; the other, a reason of estate. sires. And therefore to conclude, I hold this motion We see, Mr. Speaker, the time of the nativity is of union of laws very worthy, and arising from very in most cases principally regarded. In nature, the good minds; but yet not proper for this time. time of planting and setting is chiefly observed;
and we see the astrologers pretend to judge of the or call, shall inherit the dignity, as well as the son fortune of the party by the time of the nativity. In born after. But the son of an attainted person, laws, we may not unfitly apply the case of legitima- born before the attainder, shall not inherit, as the tion to the case of naturalization ; for it is true that after-born shall, notwithstanding charter of pardon. the common canon law doth put the ante-natus and The reason of estate is, that any restriction of the the post-natus in one degree. But when it was moved ante-nati is temporary, and expireth with the generato the parliament of England, " Barones una voce | tion; but if you make it in the post-nati also, you responderunt, Nolumus leges Angliæ mutare.” And do but in substance pen a perpetuity of separation. though it must be confessed that the ante-nati and Mr. Speaker, in this point I have been short, bepost-nati are in the same degree in dignities; yet cause I little expected this doubt, as to point of were they never so in abilities: for no man doubts, convenience; and therefore will not much labour, but the son of an earl or baron, before his creation | where I suppose there is no greater opposition.
THE PLANTATION I
IN IRE L A N D.
PRESENTED TO HIS MAJESTY, 1606.
TO THE KING.
It seemeth God hath reserved to your Majesty's | and properly applied to your Majesty's acts ; times two works, which amongst the works of kings natam te rege Britanniam ; natam Hiberniam." have the supreme pre-eminence; the union, and the For he spake improperly of deliverance and plantation of kingdoms. For although it be a great preservation; but in these acts of yours it may be fortune for a king to deliver or recover his kingdom verified more naturally. For indeed unions and from long continued calamities: yet in the judgment plantations are the very nativities or birth-days of of those that have distinguished of the degrees of kingdoms : wherein likewise your Majesty hath yet sovereign honour, to be a founder of estates or a fortune extraordinary, and differing from former kingdoms, excelleth all the rest. For, as in arts examples in the same kind. For most part of unions and sciences, to be the first inventor is more than and plantations of kingdoms have been founded in to illustrate or amplify; and as in the works of the effusion of blood : but your Majesty shall build God, the creation is greater than the preservation; in solo puro, et in area pura, that shall need no and as in the works of nature, the birth and nativity sacrifices expiatory for blood; and therefore, no is more than the continuance : so in kingdoms, the doubt, under a higher and more assured blessing. first foundation or plantation is of more noble dig- Wherefore, as I adventured, when I was less known nity and merit than all that followeth. Of which and less particularly bound to your Majesty, than foundations there being but two kinds; the first, since by your undeserved favour I have been, to that maketh one of more ; and the second, that write somewhat touching the union, which your maketh one of none: the latter resembling the cre- Majesty was pleased graciously to accept, and which ation of the world, which was de nihilo ad quid ; since I have to my power seconded by my travails, and the former, the edification of the church, which not only in discourse, but in action : so I am thereby was de multiplici ad simplex, vel ad unum : it hath encouraged to do the like, touching this matter of pleased the Divine Providence, in singular favour to plantation ; hoping that your Majesty will, through your Majesty, to put both these kinds of foundations or the weakness of my ability, discern the strength of regenerations into your hand: the one, in the union my affection, and the honest and fervent desire I of the island of Britain; the other, in the plantation have to see your Majesty's person, name, and times, of great and noble parts of the island of Ireland.blessed and exalted above those of your royal proWhich enterprises being once happily accomplished, genitors. And I was the rather invited this to do, then that which was uttered by one of the best ora- by the remembrance, that when the lord chief justors, in one of the worst verses, “ O fortunatam tice deceased, Popham, served in the place wherein natam me consule Romam!” may be far more truly | I now serve, and afterwards in the attorney's place;
he laboured greatly in the last project, touching for pleasure, provision, or use. So shall your Mathe plantation of Munster : which nevertheless, as jesty in this work have a double commodity, in the it seemeth, hath given more light by the errors avoidance of people here, and in making use of them thereof, what to avoid, than by the direction of the there. same, what to follow.
The third consequence is the great safety that is First, therefore, I will speak somewhat of the like to grow to your Majesty's estate in general by excellency of the work, and then of the means to this act; in discomfiting all hostile attempts of compass and effect it.
foreigners, which the weakness of that kingdom For the excellency of the work, I will divide it hath heretofore invited : wherein I shall not need into four noble and worthy consequences that will to fetch reasons afar off, either for the general or follow thereupon.
particular. For the general, because nothing is The first of the four, is honour; whereof I have more evident than that, which one of the Romans spoken enough already, were it not that the harp of said of Peloponnesus: “Testudo intra tegumen tuta Ireland puts me in mind of that glorious emblem or est;" the tortoise is safe within her shell: but if allegory, wherein the wisdom of antiquity did figure she put forth any part of her body, then it endanand shadow out works of this nature. For the poets gereth not only the part which is so put forth, but feigned that Orpheus, by the virtue and sweetness all the rest. And so we see in armour, if any part of his harp, did call and assemble the beasts and be left naked, it puts in hazard the whole person. birds, of their nature wild and savage, to stand about And in the natural body of man, if there be any him, as in a theatre ; forgetting their affections of weak or affected part, it is enough to draw rheums fierceness, of lust, and of prey ; and listening to the or malign humours unto it, to the interruption of tunes and harmonies of the harp; and soon after the health of the whole body. called likewise the stones and woods to remove, and And for the particular, the example is too fresh, stand in order about him : which fable was anciently that the indisposition of that kingdom hath been a interpreted of the reducing and plantation of king. continual attractive of troubles and infestations upon doms; when people of barbarous manners this estate ; and though your Majesty's greatness brought to give over and discontinue their customs doth in some sort discharge this fear, yet with your of revenge and blood, and of dissolute life, and of increase of power it cannot be, but envy is likewise theft, and of rapine ; and to give ear to the wisdom increased. of laws and governments; whereupon immediately The fourth and last consequence is the great profit followeth the calling of stones for building and and strength which is like to redound to your habitation ; and of trees for the seats of houses, crown, by the working upon this unpolished part orchards, and enclosures, and the like. This work thereof : whereof your Majesty, being in the therefore, of all other most memorable and honour strength of your years, are like, by the good pleaable, your Majesty hath now in hand; especially, if sure of Almighty God, to receive more than the your Majesty join the harp of David, in casting out first-fruits; and your posterity a growing and springthe evil spirit of superstition, with the harp of Or-ing vein of riches and power. For this island being pheus, in casting out desolation and barbarism. another Britain, as Britain was said to be another
The second consequence of this enterprise, is the world, is endowed with so many dowries of nature, avoiding of an inconvenience, which commonly at- considering the fruitfulness of the soil, the ports, the tendeth upon happy times, and is an evil effect of a rivers, the fishings, the quarries, the woods, and good cause. The revolution of this present age other materials ; and especially the race and geneseemeth to incline to peace, almost generally in ration of men, valiant, hard, and active, as it is not these parts ; and your Majesty's most christian and easy, no not upon the continent, to find such convirtuous affections do promise the same more espe.fluence of commodities, if the hand of man did join cially to these your kingdoms. An effect of peace in with the hand of nature. So then for the excelfruitful kingdoms, where the stock of people, receiv- lency of the work, in point of honour, policy, safety, ing no consumption nor diminution by war, doth and utility, here I cease. continually multiply and increase, must in the end be a surcharge or overflow of people more than the For the means to effect this work, I know your territories can well maintain ; which many times, Majesty shall not want the information of persons insinuating a general necessity and want of means expert and industrious, which have served you there, into all estates, doth turn external peace into inter- and know the region : nor the advice of a grave and nal troubles and seditions. Now what an excellent prudent council of estate here ; which know the diversion of this inconvenience is ministered, by pulses of the hearts of people, and the ways and God's providence, to your Majesty, in this plantation passages of conducting great actions : besides that of Ireland ! wherein so many families may receive which is above all, which is that fountain of wisdom sustentation and fortunes; and the discharge of and universality which is in yourself ; yet notwiththem also out of England and Scotland may prevent standing in a thing of so public a nature, it is not many seeds of future perturbations ; so that it is, as amiss for your Majesty to hear variety of opinion : if a man were troubled for the avoidance of water for, as Demosthenes saith well, the good fortune of from the place where he hath built his house, and a prince or state doth sometimes put a good motion afterwards should advise with himself to cast those into a fool's mouth. I do think therefore the means waters, and to turn them into fair pools or streams, l of accomplishing this work consisteth of two prin