be true in all cases of union under the same crown without distinction. And if that had been the point at which they aimed, it does not seem probable that they would have met with any obstruction. But that was a remote and contingent evil, which (though used to reinforce other objections) was not, I think, the real motive of their opposition. It was the second objection touched in Bacon's speech, namely, that the Scotch not being subject to the English laws, it was unfair that they should be endowed with English privileges and liberties-which really stood in the way; and this objection was even stronger as against the Postnati, who in another generation would be all, than against the Antenati, who had only a life interest in the matter. When they found therefore that the authorized interpreters of the law considered the Postnati to be in actual possession of all the privileges belonging to naturalization, and that the Upper House was too wary to engage in a proceeding by which they might seem to commit themselves to an opposite opinion, they tried to get at their end another way. Many were in favour of some action to be taken by the Lower House for the purpose of invalidating or counteracting the Judges' opinion on the point of law; and for a few days after the abortive conference of the 14th of March, Salisbury was so apprehensive of some such issue, that (the Speaker being luckily unwell at the time) he contrived to prevent the formation of a House by advising him to be too ill to attend. The delay, or the difficulty, or reflexion upon the many mischiefs which such a course might bring, gave an advantage to more prudent counsels; and another solution of the problem, which appears to have been already suggested by Sir Edwin Sandys, began to find favour.

The objection was good only as against an imperfect union. "The cause of this imperfectness" (said Sandys to the Lords at the last conference) was "in the Scottish nation; by inserting this clause into the body of their Act, that their fundamental laws or privileges should not be altered, and that therein they have expressed their meaning to be, to stand a free monarchy."

The desire of the Commons of England (he added) was for

a per

1 "His M. rightly noteth that to which indeed the House is most inwardly affected, which is to get some such definitive sentence passed in the House of the invalidity of the Judges' resolution, as may make them dainty hereafter to judge the question, or make the judgment less acceptable." (Salisbury to Lake, 15 March.) "I may not hide it from you that in this point of the difference between the post-nati and ante-nati, there is a great heat of spirit kindled to decide it by a question in the Lower House: whereof as long as I am doubtful, my Lords (I mean such of us as wrote the letter to his M.) have all thought the safer way to prevent all causes," etc., namely, by advising the Speaker to be still too ill to go. (Same to same, 18 March.) Domestic, James I. vol. xxvi. no. 91.

fect union; which with consent of the Scottish nation might be effected; and by the direction and aid of their Lordships such an one might be set down as would be both honourable and profitable to both nations." 1

Let the two nations, in short, be united under the same law, and the objection to naturalization would disappear.

The suggestion (though to any one who had fairly considered the number and the nature of the questions that would have to be encountered it could not but appear equivalent to an indefinite postponement of the whole thing) had a fair sound and show; and the debates drew gradually nearer and nearer to this solution of the present difficulty; till at last, on the 28th of March, upon occasion of a new and pressing message from the Lords, inviting them to a free discussion "on the point of conveniency only, without reference to anything that had been said before, or that might be said, in point of law," it took the shape of a distinct motion. Upon which Bacon, -who, I need hardly say, had no part assigned him in the last abortive conference, and does not indeed appear to have taken any share in the discussions since his long report on the 2nd of March,came forward to oppose it, in the following speech of which some notes may be seen in the Journals (p. 1031); but this copy is taken from his own report, preserved, and in part corrected, by himself.

A SPEECH USED BY SIR FRANCIS BACON, KNIGHT, IN THE LOWER HOUSE OF PARLIAMENT, BY OCCASION OF A MOTION CONCERNING THE UNION OF LAWS.2

And it please you, (Mr. 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 lightest upon 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

1 Dom. James I. vol. xxvi. 85.

2 King's MSS. 17 A, lvi. fo. 96 (K). Harl. MSS. 6797, fo. 128 (only one leaf) (H). Ib. p. 195 (II 2).

3 lye least: K. Corrected in II.

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 learn, 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 vertit

Jura suum, legesque tulit justissimus auctor.

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 was well said Pluet super eos laqueos, non sunt autem1 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 this3 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 leese some advantage towards this effect so much

as is said in the Scripture, Pluet, etc. Now, Non sunt, etc.: R.

2 and that which if I mought live to see, I would not desire to live after: K, H 2. These words have a line drawn through them in H: Bacon having felt, no doubt, in reading them over, that they went beyond the truth.

this om. K, H 2; interlined in H.

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.

4

For first, that there may not be a naturalization without an 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 differ. And therefore one of the fathers made an excellent observation upon the two mysteries; the one, that in the gospel the garment of Christ is said to have been without scam; the other, that in the psalm 3 the garment of the Queen is said to have been of divers colours; and concludeth, In veste varietas sit, scissura non sit.5 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 example 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, Languedock, Provence, Dolphinie, are countries governed by the letter or text of the civil law: but the Isle of France, Tourayne, Berry, Anjou, and the rest, and most of all Brittain and Normandy, are governed by customs, which amount unto 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 be maintained: but the contrary, that naturalization ought to precede; and that not in the pre

1 In K, H 2, and II, as originally written, this sentence went on thus: "And there you shall see the original bonds to be one faith, one Baptism, and not one policy, one custom and so it is in the civil estate; the main bonds are one allegiance, one birthright or naturality, and not one law, or one administration of law." The correction is in Bacon's hand, in the margin of H.

2 that in the Gospel; where: R; a conjectural correction apparently, and clearly

wrong.

3 that in the psalm, where: R.

5

whereupon he draweth this conclusion: K, H2; corrected in H.

allowing divers forms of ecclesiastical laws and usages, so as there be no schism or separation: K, H 2; crossed out in H.

6 The rest of the corrected MS. (H) is wanting. It will be observed that the copy in the Resuscitatio' has been taken so far from H, as corrected; but that it has a few variations, which appear to be due to the editor, and are wrong. Where it differs therefore from K and H 2 in what follows, we are not entitled to assume that it represents Bacon's own corrections.

cedence 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; during all which time if this mark of strangers 3 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 further 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 in2 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, 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 1 strangeness: H 2. 2 write in new: H 2.

3 it is: R.