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were naturalized ; and so it was conveyed to him and
their other descendents.

So we read, that it was one of the first despites that
was done to Julius Cassar, that whereas he had ob-
tained naturalization for a city in Gaul, one of the
city was beaten with rods of the consul Marcellus.

So we read in Tacitus, that in the emperor Clau-
dius's time, the nation of Gaul, that part which is
called Comata, the wilder part, were suitors to be
made capable of the honour of being senators and
officers of Rome. His words are these ; Cum dc sup-
plendo senatu agilaretur primoresgue Galliae, quae
Comata appellatur y foedera et civitatem Rom an am
pridem assecuti, jus adipiscendorum in urbe honorum



Union of England and Scotland.

expeterent ; mullus ea super re variusque rumor 9 et
sludiis diversis, apud principem certabatur. And in
the end, after long debate, it was ruled they should be
admitted.

So like wise, the authority of Nicholas Machiavel seem-
eth not to be contemned ; who enquiring the causes of
the growth of the Roman empire, doth give judgment;
there was not one greater than this, that the state did
so easily compound and incorporate with strangers.

It is true, that most estates and kingdoms have
taken the other course: of which this effect hath fol-
lowed, that the addition of further empire and territo-
tory hath been rather matter of burden, than matter of
strength unto them : yea, and farther it hath kept alive
the seeds and roots of revolts and rebellions for many
ages ; as we may see in a fresh and notable example
of the kingdom of Arragon : which, though it were
united to Castile by marriage, and not by conquest ;
and so descended in hereditary union by the space of
more than an hundred years; yet because it was con-
tinued in a divided government, and not well incor-
porated and cemented with the other crowns, entered
into a rebellion upon point of their /weroj', or liberties,
now of very late years.

Now to speak briefly of .the several parts of that
form, whereby states and kingdoms are perfectly
united, they are, besides the sovereignty itself, four in
number ; union in name, union in language, union in
laws, union in employments.

For name, though it seem but a superficial and out-
ward matter, yet it carrieth much impression and en-
chantment : the general and common name of Graecia
made the Greeks always apt to unite, though other-
wise full of divisions amongst themselves, against other
nations- whom they called barbarous. The Helvetian
name is no small band to knit together their leagues
and confederacies the faster. The common name of
Spain, no doubt, hath been a special means of the
better union and conglutination of the several king-
doms of Castile, Arragon, Granada, Navarre, Va-
lentia, Cataloniai and the rest, comprehending also
no\y lately Portugal.



Union of England and Scotland. 265

For language, it is not needful to insist upon it ;
because both your majesty's kingdoms are of one lan-
guage, though of several dialects ; and the difference
is so small between them, as promiseth rather an ra-
nching of one language than a continuance of two. '

For laws, which are the principal sinews of govern-
ment, they be of three nations ; jura, which 1 will
term freedoms or abilities, leges and marts.

For abilities and freedoms, they were amongst the
Romans of four kinds, or rather degrees. Jus con-
nubii, jus civitatis., jus suffragii, and jus petitionis or
honorum. Jus connubii is a thing in these times out
of use : for marriage is open between all diversities of
nations. Jus ciri/afis answereth to that we call deni-
zation or naturalization. Jus siiffragii answereth to
the voice in parliament. Jus petitionis answereth to
place in council or office. And the Romans did many
times sever these freedoms ; granting Jus connubii,
sine civitate, and civitatem, sine suffragio, and suffra-
gium sine jure petitionis, which was commonly with
them the last.

For those we called leges, it is a matter of curiosity
and inconveniency, to seek either to extirpate all par-
ticular customs, or to draw all subjects to one place or
resort of judicature and session. It sufficeth there be
an uniformity in the principal and fundamental laws,
both ecclesiastical and civil : for in this point the rule
hcldeth which was pronounced by an ancient father,
touching the diversity of rites in the church; for rind-
ing the vesture of the queen in the psalm, which did
prefigure the church, was of divers colours -, and
finding again that Christ's coat was without a seam,
he concluded well, in veste varietas sit, scissura
non 'sit.

For manners : a consent in them is to be sought in-
dustriously, but not to be enforced : for nothing
amongst people breedeth so much pertinacy in hold-
ing their customs, as sudden and violent offer to re-
move them.

And as for employments, it is no more, but an in-
different hand, and execution of that verse :

Tros> Tyriusque mihi nullo discrimine agelu?\



Union of England and Scotland.

There remaineth only to remember out of the
grounds of nature the two conditions of perfect mix-
ture ; whereof the former is time : for the natural phi-
losophers say well, that compost tip is opus hominis, and
mistio opus naturae. For it is the duty of man to
make a fit application of bodies together : but the per-
fect fermentation and incorporation of them must be
left to time and nature ; and unnatural hasting thereof
doth disturb the work, and not dispatch it.

So we see, after the graft is put into the stock and
bound, it must be left to time and nature to make that
continuum, which at the first was but contiguurn. And
it is not any continual pressing or thrusting together
that will prevent nature's season, but rather hinder it.
And so in liquors, those commixtures which are at
the first troubled, grow after clear and settled by the
benefit of rest and time.

The second condition is, that the greater draw the
less. So we see when two lights do meet, the greater
doth darken and dim the less. And when a smaller
river runneth into a greater, it loseth both its name
and stream. And hereof, to conclude, we see an ex-
cellent example in the kingdoms of Judah and Israel.
The kingdom of Judah contained two tribes ; the
kingdom of Israel contained ten. King David reigned
over Judah for certain years; and, after the death of
Ishbosheth the son of Saul, obtained likewise the
kingdom of Israel. This union continued in him, and
likewise in his son Solomon, by the space of seventy
years, at least, between them both : but yet, because
the seat of the kingdom was kept still in Judah, and
so the less sought to draw the greater : upon the first
occasion offered, the kingdoms brake again, and so
continued ever after.

Thus having in all humbleness made oblation to your
majesty of these simple fruits of my devotion and stu-
dies, I do wish, and do wish it not in the nature of an
impossibility, to my apprehension, that this happy
union of your majesty's two kingdoms of England and
Scotland, may be in as good an hour, and under the
like divine providence, as that was between the Ro-
mans and the Sabincs.



[ 267 ]

CERTAIN

ARTICLES OR CONSIDERATIONS

TOUCHING THE

UNION OF THE KINGDOMS

OF

ENGLAND AND SCOTLAND.

COLLECTED AND DISPERSED FOR HIS MAJESTIES
BETTER SERVICE.



JL OUR majesty, being, I doubt not, directed and
conducted by a better oracle than that which was
given for light to /Eneas in his peregrination, Antiquam
exquirite matrem, hath a royal, arid indeed an heroical
desire to reduce these two kingdoms of England and
Scotland into the unity of their ancient mother king-
dom of Britain. Wherein as I would gladly applaud
unto your majesty, or sing aloud that hymn or anthem,
Sic itur ad astra ; so in a more soft and submissive
voice, I must necessarily remember unto your majesty
that warning or caveat, Ardua quae pulchra : it is an
action that requireth, yea, and needed much, not only
of your majesty's wisdom, but of your felicity. In
this argument, I presumed at your majesty's first en-
trance to write a few lines, indeed scholastically and
speculatively, and not actively or politicly, as I held it
fit for me at that time ; when neither your majesty was
in that your desire declared, nor myself in that service
used or trusted. But now that both your majesty hath
opened your desire and purpose with much admiration,
even of those who give it not so full an approbation,
and that myself was by the Commons graced with the
first vote of all the Commons selected tor that cause ;
not in any estimation of my ability, for therein so wise
an assembly could not be so much deceived, but in an
acknowledgment of my extreme labours and integrity;



268 Un io n of Eng land and Scotia n d.

in that business I thought myself every way bound,
both in duty to your majesty, and in trust to that house
of parliament, and in consent to the matter itself, and
in conformity to mine own travels and beginnings, not
to neglect any pains that may tend to the furtherance
of so excellent a work ; wherein I will endeavour that
that which I shall set down be nihil minus quam verb a:
for length and ornament of speech are to be used for
persuasion of multitudes, and not for information of
kings ; especially such a king as is the only instance
that ever J knew to make a man of Plato's opinion,
" that all knowledge is but remembrance, and that
" the mind of man knoweth all things, and demandeth
cc only to have her own notions excited and awaked :"
which your majesty's rare and indeed singular gift and
faculty of swift apprehension, and infinite expansion
or multiplication of another man's knowledge by your
own, as 1 have often observed, so I did extremely
admire in Goodwin's cause, being a matter full of
secrets and mysteries of our laws, merely new unto
you, and quite out of the path of your education,
reading, and conference : wherein, nevertheless, upon
a spark of light given, your majesty took in so dex-
trously and profoundly, as if you had been indeed
anima legis, not only in execution, but in understand-
ing : the remembrance whereof, as it will never be out
of my mind, so it will always be a warning to me to seek
rather to excite your judgment briefly, than to inform
it tediously ; and if in a matter of that nature, how
much more in this, wherein your princely cogitations
have wrought themselves, and been conversant, and
wherein the principal light proceeded from yourself.

And therefore my purpose is only to break this mat-
* ter of the union into certain short articles and ques-

tions, and to make a certain kind of anatomy or ana-
lysis of the parts and members thereof: not that I am
of opinion that all the questions which I now shall
open, w r ere fit to be in the consultation of the com-
missioners propounded. For I hold nothing so great
an enemy to good resolution, as the making of two
many questions 5 especially in assemblies which con-



Union of England and Scotland. 269

sist of many. For princes, for avoiding of distraction,
must take many things by way of admittance ; and if
questions must be made of them, rather to suffer them
to arise from others, than to grace them and authorise
them as propounded from themselves. But unto your
majesty's private consideration, to whom it may better
sort with me rather to speak as a remembrancer than
as a counseller, I have thought good to lay before you
all the branches, lineaments, and degrees of this union,
that upon the view and consideration of them and
their circumstances, your majesty may the more clearly
discern, and more readily call to mind which of them
is to be embraced, and which to be rejected : and of
these, which are to be accepted, which of them is
presently to be proceeded in, and which to be put
over to farther time. And again, which of them shall
require authority of parliament, and which are fitter to
be effected by your majesty's royal power and prero-
gative, or by other policies or means; and lastly, which
of them is liker to pass with difficulty and contradic-
tion, and which with more facility and smoothness.

First, therefore, to begin with that question, that,
I suppose, will be out of question.

Whether it be not meet, that the statutes, which statutes
were made touching Scotland or the Scotish nation, s"S" S
while the kingdoms stood severed, be repealed? and the

T . ........... r Scotisli ua-

It is true, there is a diversity in these ; for some of m>
these laws consider Scotland as an enemy's country;
other laws consider it as a foreign country only : as for
example; the law of Rich. II. anno 7. which prohi-
biteth all armour or victual to be carried to Scotland ; ,
and the law of 7 of K. Henry VII. that enacteth all
the Scotish men to depart the realm within a time
prefixed. Both these laws, and some others, respect
Scotland as a country of hostility : but the law of 22 of
Edward IV. that enclueth Berwick with the liberty
of a staple, where all Scotish merchandises should
resort that should be uttered for England, and likewise
all English merchandises that should be uttered for
Scotland ; this law beholdeth Scotland only as a fo-
reign nation ; and not so much neither ; for there have



lion,



270 Union of England and Scotland.

been erected staples in towns of England for some
commodities, with an exclusion and restriction of other
parts of England.

But this is a matter of the least difficulty ; your
majesty shall have a calendar made of the laws, and
a brief of the effect; and so you may judge of them:
and the like or reciprocally is to be done by Scotland
for such laws as they have concerning England and the
English nation.

Laws,cus- The second question is, what laws, customs, com-
Srio^T" missi 00 ^ officers, garrisons, and the like, are to be
officers oV put down, discontinued or taken away upon the bor-
ders of both realms?

To this point, because I am not acquainted with
the orders of the marches, I can say the less.

Herein falleth that question, whether that the te-
nants, who hold their tenants rights in a greater free-
dom and exemption, in consideration of their service
upon the borders, and that the countries themselves,
which are in the same respect discharged of subsidies
and taxes, should not now be brought to be in one
degree with other tenants and countries ; nam ces-
sante causa, tollitur effectus? Wherein, in my opi-
nion, some time would be given ; quia adhuc eorum
messis in herba esl : but some present ordinance should
be made to take effect at a future time, considering it
is one of the greatest points and marks of the division
of the kingdoms. And because reason doth dictate,
that where the principal solution of continuity was,
there the healing and consolidating plaister should be
chiefly applied ; there would be some farther device
for the utter and perpetual confounding of those
imaginary bounds, as your majesty termeth them :
and therefore it should be considered, whether it were
not convenient to plant and erect at Carlisle or Ber-
wick some council or court of justice, the jurisdiction
whereof might extend part into England and part into
Scotland, with a commission not to proceed precisely,
or merely according to the laws and customs either of
England or Scotland, but mixtly, according to in-
structions by your majesty to be set down, after the



Union of England and Scotland. 271

imitation and precedent of the council of the marches
here in England, erected upon the union of Wales?

The third question is that which many will make a Farther uni-
great question of, though perhaps your majesty will h n e b r e e " des
make no question of it; and that is, whether your ma- Coving O f
jesty should not make a stop or stand here, and not to 13 and
proceed to any farther union, contenting yourself with J a i " ei ^ l n I JJ s
the two former articles or points. usages.

Far it will be said, that w r e are now well, thanks
be to God and your majesty, and the state of neither
kingdom is to be repented of; and that it is true
which Hippocrates saith, that Sana corpora difficile
medic atione s ferunt, it is better to make alterations in
sick bodies than in sound. The consideration of which
point will rest upon these two branches : what incon-
veniences will insue with time, if the realms stand as
they are divided, which are yet not found or sprang
up. For it may be the sweetness of your majesty's
first entrance, and the great benefit that both nations
have felt thereby, have covered many inconveniences:
which, nevertheless, be your majesty's government
never so gracious and politic, continuance ot time and
the accidents of time may breed and discover, if the
kingdoms stand divided.

The second branch is ; allow no manifest or im-
portant peril or inconvenience should ensue of the con-
tinuing of the kingdoms divided, yet on the other side,
whether that upon the farther uniting of them, there
be not like to follow that addition and increase of
wealth and reputation, as is worthy your majesty's vir-
tues and fortune, to be the author and founder of, for
the advancement and exaltation of your majesty's royal
posterity in time to come ?

But admitting that your majesty should proceed to Points
this more perfect and intire union, wherein your nia-^ a ^ s nth
jesty may say, Majus opus moveo ; to enter into the stand ai-
parts and degrees thereof, I think fit first to set down
as in a brief table, in what points the nations stand
now at this present time already united, and in what
points yet still severed and divided, that your majesty
may the better see what is done, and what is to be



272 Union of England and Scotland.

done ; and how that which is to be done is to be in-
ferred upon that which is done.

The points wherein the nations stand already united
are :

In sovereignty.

In the relative thereof, which is subjection.

In religion.

In continent.

In language.

And now lastly, by the peace by your majesty con-
cluded with Spain, in leagues and confederacies ; for
now both nations have the same friends and the same
enemies.

Yet notwithstanding there is none of these six points,
wherein the union is perfect and consummate ; but
every of them hath some scruple or rather grain of se-
paration in wrapped or included in them.

Sovereign- For the sovereignty, the union is absolute in your
majesty and your generation ; but if it should so be,
which God of his infinite mercy defend, that your issue
should fail, then the descent of both realms doth
resort to the several lines of the several bloods royal.
Subjection, For subjection, I take the law of England to be
obedience. ^^ ^^ ^ k w o f Scotland is I know not, that all
Scotsmen from the very instant of your majesty's reign
Ahen nam- be^un are become denizens, and the post-nati are na-

rahzation. D T . ,. - , r L . r

turalized subjects of England for the tune forwards :
for by our laws none can be an alien but he that is of
another allegiance than our sovereign lord the king's :
for there be but two sorts of aliens, whereof we find
mention in our law, an alien ami, and an alien enemy ;
whereof the former is a subject of a state in amity with
the king, and the latter a subject of a state in hostility :
but whether he be one or other, it is an essential dif-
ference unto the definition of an alien, if he be not of
the king's allegiance j as w 7 e see it evidently in the
precedent of Ireland, who, since they were subjects
to the crown of England, have ever been inheritable
and capable as natural subjects ; and yet not by any
statute or act of parliament, but merely by the com-
mon-law, and the reason thereof. So as there is no



Union of England and Scotland. 273

doubt, that every subject of Scotland was, and is in
like plight or degree, since your majesty's coming in,
as if your majesty had granted particularly your letters
of denization or naturalization to every of them, and the
post-nati wholly natural. But then on the other side,
for the time backwards, and for those that were ante-
nati, the blood is not by law naturalized, so as they
cannot take it by descent from their ancestors without
act of parliament : and therefore in this point there is
a defect in the union of subjection.

For matter of religion, the union is perfect in points Religion,
of doctrine ; but in matter of discipline and government ^men?,'
it is imperfect. Continent

For the continent it is true there are no natural boun- bc
daries of mountains or seas, or navigable rivers ; but
yet there are badges and memorials of borders ; of
which point I have spoken before.

For the language, it is true the nations are unius Language,
labii, and have not the first curse of disunion, which dialect -
was confusion of tongues, whereby one understood not
another. But yet the dialect is differing, and it re-
maineth a kind of mark of distinction. But for that,
tempori permittendum, it is to be left to time. For
considering that both languages do concur in the prin-
cipal office and duty of a language, which is to make
a man's self understood : for the rest it is rather to be
accounted, as was said, a diversity of dialect than of
language: and as I said in my first writing, it is like
to bring forth the enriching of one language, by com-
pounding and taking in the proper and significant
words of either tongue, rather than a continuance of
two languages.

For leagues and confederacies, it is true, that nei- Leagues,
ther nation is now in hostility with any state, where- SSf*
with the other nation is in amity: but yet so, as the ties.'
leagues and treaties have been concluded with either
nation respectively, and not with both jointly ; which
may contain some diversity of articles of straitness of
amity with one more than with the other.

But many of these matters may perhaps be of that

VOL. III. T



274



Union of England and Scotland.



separation
and union.



kind, as may fall within that rule, In veste varietas
sit, scissura non sit.

Now to descend to the particular points wherein the
realms stand severed and divided, over and besides the
former six points of separation, which I have noted
and placed as defects or abatements of the six points
of the union, and therefore shall not need to be repeat-
ed : the points, I say, yet. remaining, I will divide
into external and internal.
External The external points therefore of the separation are

points of the r

spnarafmn IwUl *

1. The several crowns, I mean the ceremonial and
material crowns.

2. The second is the several names, stiles, or appel-
lations.

3. The third is the several prints of the seals.

4. The fourth is the several stamps or marks of the
coins or moneys.

It is true, that the external are in some respect and
parts much mingled and interlaced with considerations
internal ; and that they may be as effectual to the true
union, which must be the work of time, as the inter-
nal, because they are operative upon the conceits and
opinions of the people ; the uniting of whose hearts
and affections is the life and true end of this work.

For the ceremonial crowns, the question will be,
whether there shall be framed one new imperial crown
of Britain to be used for the times to come ? Also ad-
mitting that to be thought convenient, whether in the
frame thereof there shall not be some reference to the
crowns of Ireland and France ?

Also whether your majesty should repeat or iterate
your own coronation and your queen's, or only ordain
that such new crown shall be used by your posterity
hereafter ?

The difficulties will be' in the conceit of some ine-
quality, whereby the realm of Scotland may be thought
to be made an accession unto the realm of England.
But that resteth in some circumstances; for the com-
pounding of the two crowns is equal ; the calling of
the new crown the crown of Britain is equal. Only



The cere-
monial or
mateiial
crowns.






Union of England and Scotland. 27 5

the place of coronation, if it shall be at Westminster,
which is the ancient, august, and sacred place for the
kings of England, may seem to make an inequality. > .
And again, if the crown of Scotland be discontinued,
then that ceremony, which I hear is used in the par-
liament of Scotland in the absence of the kings, to
have the crowns carried in solemnity, must likewise
cease.

For the name, the main question is, whether the The s t' les
contracted name of Britain shall be by your majesty an
used, or the divided names of England and Scotland?

Admitting there shall be an alteration, then the case



Online LibraryFrancis BaconThe works of Francis Bacon, baron of Verulam, viscount St. Alban, and lord high chancellor of England (Volume 3) → online text (page 23 of 45)