the shield, whereby the tenant holding was bound to follow his Lord into the Scottish or Welch wars at his own charge," a question was raised whether this should not now cease; no such wars being any longer possible. The difficulty, I suppose, lay in this, that Escuage was one of "the flowers of the Crown," closely allied to Wardship, and did actually perhaps give a right of wardship in the case of such tenants: and it was considerable enough to suggest the expediency of a special conference upon it with the Lords. What part Bacon had taken on it in the Committee the notes in the Journals are not full enough to explain: but the House had so much confidence in him as a representative, that he was selected, along with the Attorney, the Solicitor, and the Recorder, "to propound and maintain argument at the Conference," and though he asked to be excused, as being unprepared, he was nevertheless ordered to stand.4 In the mean time however another division of the Committee had been discussing the article of Commerce, which presented more formidable difficulties; and had not been able to come to any conclusion. On this point their reporter declared (9 December) that he had "nothing to report but confusion and disorder." At a subsequent conference on the subject with the Lords (17 Dec.) some sharp speeches passed, and the merchants of London having set down in writing their reasons against community of trade with the Scots, were roundly shaken up by the Lord Chancellor." And as it was now close upon Christmas, the houses were adjourned on the 18th, and further proceeding postponed till after the recess.

66

Time, which is the best medicine for some kinds of discontent, aggravates others by giving the discontented more opportunities of talking them over and knowing one another's minds. And when the house met again on the 10th of February, these minor arrangements, bearing upon the relations of two separate nations under the same crown, were set aside for awhile to make room for a protest against the project for making those two nations one; towards which the first step was a general naturalization.

1 Cowell's Interpreter.

2 "The most and best part that spake" (writes Sir T. Wilson in a note dated 4 Dec. 1606) "was for the remaining of escuage: but the generalest applause was upon them that would have it taken away." (Dom. James I.) It appears from the same note that Salisbury was suspected of secretly furthering the dispute, as a step towards the extinction of Wardship, which he wished to be the glory of his own administration.

3 In the House (according to Wilson's note above-quoted) he put in a word for Wardship, on the authority of the Greek philosophers in their imaginary commonwealths.

13 Dec. 1606. C. J. p. 330, 1010.

5 Carleton to Chamberlain, 18 Dec. 1606. Dom. James I.

6 C. J. p. 331.

VOL. III.

X

The Commissioners of Union appointed in 1601 had agreed to recommend the passing of two acts; one for the Post-nati, the other for the Ante-nati: For the Post-nati, an act declaring "that all the subjects of both the realms born since the decease of Elizabeth ... and that shall be born hereafter. . . are by the common law of both realms, and shall be for ever, enabled to obtain, succeed, inherit, and possess all lands, goods, chattels, honours, dignities, offices, liberties, privileges and benefices, ecclesiastical or civil, in Parliament and all other places of the said Kingdoms, and in every one of the same, in all respects and without any exception whatever, as fully and amply as the subjects of either realm respectively might have done or may do in any sort within the Kingdom where they were born:" For the Ante-nati, a new law, enacting "That all the subjects of both realms, born before the decease of the late Queen, may be enabled and made capable to acquire purchase inherit succeed use and dispose of all lands, inheritances, goods, offices, dignities, liberties, privileges, immunities, benefices, and preferments whatsoever, each subject in either kingdom with the same freedom and as lawfully and peaceably as the very native and natural born subjects of either realm, where the said rights states and profits are established; notwithstanding whatsoever law statute or former constitution heretofore in force to the contrary: other than to acquire possess succeed or inherit any office of the Crown, office of Judicature, or any voice place or office in Parliament: all which to remain still free from being claimed, held or engaged by the subjects of the one kingdom within. the other, born before the decease aforesaid . . . until there be such a perfect and full accomplishment of the Union as is mutually desired by both realms;" it being nevertheless understood that the proposed act was not to interfere with the prerogative of the Crown "to denizate, enable, and prefer to such offices, etc., all English and Scottish subjects born before the decease of the late Queen as freely, as sovereignly and absolutely, as any his M. royal progenitors Kings of England and Scotland might have done at any time heretofore."

The meditations of the recess had conjured up a host of terrors at the prospect of thus opening the gate and letting the lean kine into the fat pasture. And those who had been so little alarmed by the proposition during the first week after it was laid before them, that they desired to leave it entirely to the consideration of the other nouse, were now disposed to set all the rest aside and make their special stand upon this. The feeling broke out first on the 13th of February, in a vehement invective from the member for Bucks against Scotland and Scotchmen in general; which, though received" with

1 C. J. p. 323.

a general amazement," was allowed at the time to pass without reply or remark. Next day "the article of the Instrument concerning Naturalization was read" in the House by the Speaker; and the debate opened with a speech against it from Nicholas Fuiler, who seems to have been recognized as leader of the opposition, in so far as that office can be said to have been recognized in those days; in which the apprehensions that so readily suggest themselves to Englishmen when invited to alter anything found fluent and forcible utterance. England, it seems, was already full to overflowing in all her departments: there was no room for a Scotchman anywhere. The universities had more men who deserved preferment than could find it. London was so pestered with new buildings, that they had a bill then before the House to restrain them. The merchants had made no profit for three years past. Trades were all overstocked. And so forth. His argument appears to have occupied the whole day, and it was not till the 17th' that it received a reply; when Bacon delivered a speech, of which he was afterwards at the pains to set down a full report: and of which the text is here taken from two independent manuscripts, both having corrections in his own hand.

It was first printed in 1641, along with two other speeches relating to the Union; and afterwards in the Resuscitatio. But the manuscripts are the best authority.3

A SPEECH USED BY SIR FRANCIS BACON, IN THE LOWER HOUSE OF PARLIAMENT, CONCERNING THE ARTICLE OF NATURALIZA

It may please you (Mr. Speaker) preface I will use none, but put myself upon your good opinions, to which I have been accustomed beyond my deservings; neither will I hold you in suspense what way I will choose, but now at the first declare myself, that I mean to counsel the house to naturalize this nation wherein nevertheless I have a request to make unto you, which

1 The 15th was a Sunday, and the 16th was spent in discussing a motion for the censure of the Member for Bucks for his speech on the 13th: which resulted in his expulsion from the House.

...

"Three speeches of the Right Honourable Sir Francis Bacon, Knight, . . . concerning Post-nati, Naturalization of the Scotch in England, Union of the Laws of England and Scotland. Published by the author's copy, and licensed by authority. London: 1601."

3 The King's MS. (which I have called R) is a fair copy, revised and corrected by Bacon himself; but the Harleian (which I have called H) has corrections which must have been made subsequently.

4 King's MSS. 17 A. 56, fo. 62 (K); Harl. MSS. 6797, fo. 93 (H); Ib. fo. 182 (H 2): Rawley's Resuscitatio.' (R.)

5 Naturalization of the Scots, 5o Jacobi: H 2; the General Naturalization of the Scottish Nation: R.

is of more efficacy to the purpose I have in hand than all that I shall say afterwards, and it is the same request, which Demosthenes did more than once in great causes of estate make to the people of Athens, ut cum calculis suffragiorum sumant magnanimitatem reipublicæ, that when they took into their hands the balls, whereby to give their voices (according as the manner of them was), they would raise their thoughts, and lay aside those considerations which their private vocations and degrees mought minister and present unto them, and would take upon them cogitations and minds agreeable to the dignity and honour of the estate. For, Mr. Speaker, as it was aptly and sharply said by Alexander to Parmenio, when upon the recital of the great offers3 which Darius made, Parmenio said unto him, I would accept these offers, were I as Alexander: he turned it upon1 him again, So would I, saith he, were I as Parmenio. So in this cause, if an honest English merchant, (I do not single out that estate in disgrace, for this island ever held it honourable, but only for an instance of a private profession,) if an English merchant should say, Surely I would proceed no further in the Union, were I as the King; it mought be reasonably answered, No more would the King, were he as an English merchant. And the like may be said of a gentleman in the country, be he never so worthy and sufficient, or of a lawyer, be he never so wise and learned, or of any other particular condition of persons in this kingdom. For certainly, Mr. Speaker, if a man shall be only or chiefly sensible of those respects which his particular vocation and degree shall suggest and infuse into him, and not enter into true and worthy considerations of estate, he shall never be able arights to give counsel or take counsel in this matter. So that if this request be granted, I account the cause obtained.

But to proceed to the matter itself. All consultations do rest upon questions comparative; for when a question is de vero, it is simple, for there is but one truth; but when a question is de bono, it is for the most part comparative; for there be differing degrees of good and evil, and the best of the good is to be preferred and chosen, and the worst of the evil is to be declined and avoided. And therefore in a question of this nature you may

not look for answer proper to every inconvenience alleged; for somewhat that cannot be specially answered may nevertheless be encountered and over-weighed by matter of greater moment. And therefore the matter which I shall set forth unto you will naturally receive this distribution of three parts.

First, an answer unto those inconveniences which have been alleged to ensue, if we should give way to this Naturalization; which I suppose you will find not to be so great as they have been made; but that much dross is put into the balance to help to make weight.

Secondly, an encounter of the remain of those inconveniences which cannot properly be answered but by much greater inconveniences which we shall incur if we do not proceed to this Naturalization.

Thirdly, an encounter likewise, but of another nature, that is, of the good and benefit which we shall draw and purchase to ourselves by proceeding to this Naturalization.

And yet, to avoid confusion, which evermore followeth of too much generality, it is necessary for me (before I proceed to persuasion) to use some distribution of the points or parts of Naturalization, which certainly can be no better, nor none other, than the ancient distinction of Jus Civitatis, jus Suffragii vel Tribus, and Jus Petitionis sive Honorum. For all ability and capacity is either of private interest of meum and tuum, or of public service. And the public consisteth chiefly either in Voice, or in Office. Now it is the first of these (Mr. Speaker) that I will only handle at this time and in this place; and reserve the other two for a committee, because they receive more distinction and restriction.

To come therefore to the inconveniences alleged on the other part. The first of them is, that there may ensue of this Naturalization a surcharge of people upon this realm of England, which is supposed already to have the full charge and content: and therefore there cannot be an admission of the adoptive without

1

2 but om. R.

3 by the gain: R.

4

answers: R. upon: H 2. 5 In K it had been written a necessary forme. A mark of separation has been made between for and me, probably by Bacon himself, but a has not been struck out; no doubt by accident. Up to this place K is probably the best authority for the text; being a fair copy revised and corrected by Bacon himself. For the rest I prefer H (which begins at "proceed"--the first leaf being lost-), and has corrections which must have been made afterwards.

6 noe: K.

7 distribution: R.

8 to: K. A correction in Bacon's hand for of, which had been written first.