Speech 1607 (1)

MY Lords of the higher House, and you Knights and Burgesses of the Lower house, All men at the beginning of a Feast bring foorth good Wine first, and after, worse. This was the saying of the Gouernour of the Feast at Cana in Galile, where CHRIST wrought his first miracle by changing water into Wine. But in this case now whereof I am to speake vnto you, I must follow that Gouernours rule, and not CHRISTS example, in guing you the worst and sowrest Wine last. For all the time of this long Session of the Parliament you haue bene so fed and cloy'd, (specially you of the Lower house) with such banquets, and choise of delicate speeches, and your eares so seasoned with the sweetnesse of long precogitate Orations; as this my Speach now in the breaking vp of this Assembly, cannot but appeare vnto your taste as the worst Wine proposed in the end of the Banquet, since I am onely to deliuer now vnto you matter without curious forme, substance without ceremonie, trewth in all sinceritie. Yet considering the Person that speaketh, the parties to whom I speake, the matter whereof I meane to speake; it fits better to vtter matter, rather then wordes, in regard of the greatnesse of my place who am to speak to you, the grauitie of you the Auditorie, which is the high Court of Parliament; the weight of the matter, which concernes the securitie and establishment of this whole Empire, and litle world. Studied Orations and much eloquence vpon little matter is fit for the Vniuersities, where not the Subiect which is spoken of, but the triall of his wit that speaketh, is most commendable: but on the contrary, in all great Councels of Parliaments, fewest wordes with most matter doeth become best, where the dispatch of the great errands in hand, and not the praise of the person is most to bee looked vnto: like the garment of a chaste woman, who is onely set forth by her naturall beautie, which is properly her owne: other deckings are but ensignes of an harlot that flies with borrowed feathers. And besides the conueniencie, I am forced hereunto by necessitie, my place calling me to action, and not leauing me to the libertie of contemplation, hauing alwayes my thoughts busied with the publique care of you all, where euery one of you hauing but himselfe, and his owne priuate to thinke of, are at more leisure to make studied speeches. And therefore the matter which I deliuer you confusedly as in a sacke, I leaue it to you when you are in your chambers, and haue better leysure then I can haue, to ranke them in order, euery one in their owne place.

Thus much by way of Preface. But I proceed to the matter: Whereof I might say with S. Paul, I could speake in as many tongues as you all, but I had rather speake three wordes to edification, then talke all day without vnderstand- ing. In vaine (saith the Psalmist) doeth the builder build the house, or the watch- man watch the Citie, vnlesse the Lord giue his blessing thereunto. And in the New Testament S. Paul saith, That hee may plant, Apollo may water, but it is GOD onely that must giue the increase. This I speake, because of the long time which hath bene spent about the Treatie of the Vnion. For my selfe, I protest vnto you all, When I first propounded the Vnion, I then though there could haue bene no more question of it, then of your declaration and acknowledgement of my right vnto this Crowne, and that as two Twinnes, they would haue growne vp together. The errour was my mistaking; I knew mine owne ende, but not others feares: But now finding many crossings, long disputations, strange questions, and nothing done; I must needs thinke it proceeds either of mistaking of the errand, or else from some iealousie of me the Propounder, that you so adde delay vnto delay, searching out as it were the very bowels of Curiositie, and conclude nothing. Neither can I condemne you for being yet in some iealousie of my intention in this matter, hauing not yet had so great experience of my behauiour and inclination in these few yeeres past, as you may peraduenture haue in a longer time hereafter and not hauing occasion to consult dayly with my selfe, and heare mine owne opinion in all those particulars which are debated among you.

But here I pray you now mistake mee not at the first, when as I seeme to finde fault with your delayes and curiositie, as if I would haue you to resolue in an houres time, that which will take a moneths aduisement: for you all know, that Rex est lex loquens; And you haue oft heard mee say, That the Kings will and intention being the speaking Law, ought to bee Luce clarius: and I hope you of the Lower house haue the proofe of this my clearnesse by a Bil sent you downe from the Vpper house within these few dayes, or rather few houres: wherein may well appeare vnto you the care I haue to put my Subiects in good securitie of their possessions for all posterities to come. And therefore that you may clearely vnderstand my meaning in that point, I doe freely confesse, you had reason to aduise at leasure vpon so great a cause: for great matters doe euer require great deliberation before they be well concluded. Deliberandum est diu quod statuendum est semel. Consultations must proceed lento pede, but the execution of a sentence vpon the resolution would be speedie. If you will goe on, it matters not though you goe with leaden feet, so you make still some progresse, and that there be no let or needlesse delay, and doe not Nodum in scirpo quU00E6rere. I am euer for the Medium in euery thing. Betweene foolish rashnesse and extreame length, there is a middle way. Search all that is reasonable, but omit that which is idle, curious and vnnecessary; otherwise there can neuer be a resolution or end in any good worke.

And now from the generall I wil descend to particulars, and wil onely for the ease of your memories diuide the matter that I am to speake of, into foure heads, by opening vnto you, First, what I craue: Secondly, in what maner I desire it: Thirdly, what commodities will ensue to both the Kingdomes by it: Fourthly, what the supposed inconueniencie may be that giues impediments thereunto.

For the first, what I craue, I protest before GOD who knowes my heart, and to you my people before whom it were a shame to lie, that I claime nothing but with acknowledgement of my Bond to you; that as yee owe to me subiection and obedience: So my Soueraigntie obligeth mee to yeeld to you loue, gouernment and protection: Neither did I euer wish any happinesse to my selfe, which was not conioyned with the happinesse of my people. I desire a perfect Vnion of Lawes and persons, and such a Naturalizing as may make one body of both Kingdomes vnder mee your King, That I and my posteritie (if it so please God) may rule ouer you to the worlds ende; Such an Vnion as was of the Scots and Pictes in Scotland, and of the Heptarchie here in England. And for Scotland I auow such an Vnion, as if you had got it by Conquest, but such a Conquest as may be ce- mented by loue, the onely sure bond of subiection or friendship: that as there is ouer both but vnus Rex, so there may be in both but vnus Grex & vna Lex: For no more possible is it for one King to gouerne two Countreys Contiguous, the one a great, the other a lesse, a richer and a poorer, the greater drawing like an Ada- mant the lesser to the Commodities thereof, then for one head to gouerne two bodies, or one man to be husband of two wiues, whereof Christ himselfe said, Ab initio non fuit sic.

But in the generall Vnion you must obserue two things: for I will discouer my thoughts plainly vnto you; I study clearenes, not eloquence, And therefore with the olde Philosophers, I would heartily wish my brest were a transparent glasse for you all to see through, that you might looke into my heart, and then would you be satisfied of my meaning. For when I speake of a perfect Vnion, I meane not confusion of all things: you must not take from Scotland those particular Priuiledges that may stand as well with this Vnion, as in England many particular customes in particular Shires, (as the Customes of Kent, and the Royalties of the Countie Palatine of Chester) do with the Common Law of the Kingdome: for euery particular Shire almost, and much more euery Countie, haue some particu- lar customes that are as it were naturally most fit for that people. But I meane of such a generall Vnion of Lawes as may reduce the whole Iland, that as they liue already vnder one Monarch, so they may all bee gouerned by one Law: For I must needs confesse by that little experience I haue had since my comming hither, and I thinke I am able to prooue it, that the grounds of the Common Law of England, are the best of any Law in the world, either Ciuil or Municipall, and the fittest for this people. But as euery Law would be cleare and full, so the obscuritie in some points of this our written Law, and want of fulnesse in others, the variation of Cases and mens curiositie, breeding euery day new questions,

hath enforced the Iudges to iudge in many Cases here, by Cases and presidents, wherein I hope Lawyers themselues will not denie but that there must be a great vncertaintie, and I am sure all the rest of you that are Gentlemen of other pro- fessions were long agoe wearie of it, if you could haue had it amended: For where there is varietie and vncertaintie although a iust Iudge may do rightly, yet an ill Iudge may take aduantage to doe wrong; and then are all honest men that succeede him, tied in a maner to his vniust and partiall conclusions. Where- fore, leaue not the Law to the pleasure of the Iudge, but let your Lawes be looked into: for I desire not the abolishing of the Lawes, but onely the clearing and the sweeping off the rust of them, and that by Parliament our Lawes might be cleared and made knowen to all the Subiects. Yea rather it were lesse hurt, that all the approued Cases were set downe and allowed by Parliament for standing Lawes in all time to come: For although some of them peraduenture may bee vniust as set downe by corrupt Iudges; yet better it is to haue a certaine Law with some spots in it, nor liue vnder such an vncertaine and arbitrarie Law, since as the prouerbe is, It is lesse harme to suffer an inconuenience then a mischiefe. And now may you haue faire occasion of amending and polishing your Lawes, when Scotland is to bee vnited with you vnder them: for who can blame Scotland to say, If you will take away our owne Lawes, I pray you giue vs a better and cleerer in place thereof.

But this is not possible to bee done without a fit preparation. Hee that buildeth a Ship, must first prouide the timber; and as Christ himselfe said, No man will build an house, but he will first prouide the materials: nor a wise King will not make warre against another, without he first make prouision of money: and all great workes must haue their preparation: and that was my end in causing the Instrument of the Vnion to be made. Vnion is a mariage: would he not bee thought absurd that for furthering of a mariage betweene two friends of his, would make his first motion to haue the two parties be laid in bedde together, and performe the other turnes of mariage ? must there not precede the mutuall sight and acquaintance of the parties one with another, the conditions of the contract, and Ioincture to be talked of and agreed vpon by their friends, and such other things as in order ought to goe before the ending of such a worke ? The vnion is an eternall agreement and reconciliation of many long bloody warres that haue beene betweene these two ancient Kingdomes. Is it the readiest way to agree a priuate quarell betweene two, to bring them at the first to shake hands, and as it were kisse other, and lie vnder one roofe or rather in one bedde together, before that first the ground of their quarell be communed vpon, their mindes mitigated, their affections prepared, and all other circumstances first vsed, that ought to be vsed to proceed to such a finall agreement ? Euery honest man desireth a perfect Vnion, but they that say so, and admit no preparation thereto, haue mel in ore, fel in corde. If after your so long talke of Vnion in all this long Session of Parlia- ment, yee rise without agreeing vpon any particular; what will the neighbour

Princes iudge, whose eyes are all fixed vpon the conclusion of this Action, but that the King is refused in his desire, whereby the Nation should bee taxed, and the King disgraced ? And what an ill preparation is it for the mindes of Scotland toward the Vnion, when they shall heare that ill is spoken of their whole Nation, but nothing is done nor aduanced in the matter of the Vnion it selfe ? But this I am glad was but the fault of one, and one is no number: yet haue your neighbours of Scotland this aduantage of you, that none of them haue spoken ill of you (nor shall as long as I am King) in Parliament, or any such publique place of Iudica- ture. Consider therefore well, if the mindes of Scotland had not neede to be well prepared to perswade their mutuall consent, seeing you here haue all the great aduantage by the Vnion. Is not here the personall residence of the King, his whole Court and family ? Is not here the seate of Iustice, and the fountaine of Gouernment ? must they not be subiected to the Lawes of England, and so with time become but as Cumberland and Northumberland, and those other remote and Northerne Shires ? you are to be the husband, they the wife: you con- querours, they as conquered, though not by the sword, but by the sweet and sure bond. Besides that, they as other Northerne Countreys will be seldome seene and saluted by their King, and that as it were but in a posting or hunting iourney.

How little cause then they may haue of such a change of so ancient a Mon- archie into the case of priuate Shires, iudge rightly herein. And that you may be the more vpright Iudges, suppose your selues the Patients of whom such sentence should be giuen. But what preparation is it which I craue ? onely such as by the entrance may shew something is done, yet more is intended. There is a conceipt intertained, and a double iealousie possesseth many, wherein I am misiudged.

First, that this Vnion will be the Crisis to the ouerthrow of England, and set- ting vp of Scotland: England will then bee ouerwhelmed by the swarming of the Scots, who if the Vnion were effected, would raigne and rule all.

The second is, my profuse liberalitie to the Scottish men more then the English, and that with this Vnion all things shalbe giuen to them, and you turned out of all: To you shall bee left the sweat and labour, to them shall bee giuen the fruite and sweet; and that my forbearance is but till this Vnion may be gained. How agreeable this is to the trewth, Iudge you; And that not by my wordes, but by my Actions. Doe I craue the Vnion without exceptions ? doe I not offer to binde my selfe and to reserue to you, as in the Instrument, all places of Iudicature ? doe I intend any thing which standeth not with the equall good of both Nations ? I could then haue done it, and not spoken of it: For all men of vnderstanding must agree, that I might dispose without assent of Parliament, Offices of Iudica- ture, and others, both Ecclesiastical and Temporall: But herein I did volun- tarily offer by my Letters from Royston to the Commissioners, to bind my Prerogatiue.

Some thinke that I will draw the Scottish Nation hither, talking idlely of transporting of Trees out of a barren ground into a better, and of leane cattell out

of bad pasture into a more fertile soile. Can any man displant you, vnlesse you will ? or can any man thinke that Scotland is so strong to pull you out of your houses ? or doe you not thinke I know England hath more people, Scotland more wast ground ? So that there is roumth in Scotland rather to plant your idle people that swarme in London streets, and other Townes, and disburden you of them, then to bring more vnto you; And in cases of Iustice, if I bee partiall to either side, let my owne mouth condemne me, as vnworthy to be your King.

I appeale to your selues, if in fauour or Iustice I haue beene partiall: Nay, my intention was euer, you should then haue most cause to praise my discretion, when you saw I had most power. If hitherto I haue done nothing to your pre- iudice, much lesse meane I hereafter. If when I might haue done it without any breach of promise; Thinke so of mee, that much lesse I will doe it, when a Law is to restraine me. I owe no more to the Scottish men then to the English. I was borne there, and sworne here, and now raigne ouer both. Such particular persons of the Scottish Nation, as might claime any extraordinary merit at my handes, I haue already reasonably rewarded, and I can assure you that there is none left, whom for I meane extraordinary to straine myselfe further, then in such ordinary benefit as I may equall bestow without mine owne great hurt, vpon any Subiect of either Nation; In which case no Kings handes can euer be fully closed. To both I owe Iustice and protection, which with Gods grace I shall euer equally ballance.

For my Liberalitie, I haue told you of it heretofore: my three first yeeres were to me as a Christmas, I could not then be miserable: should I haue bene ouer- sparing to them ? they might haue thought Ioseph had forgotten his brethren, or that the King had beene drunke with his new Kingdome. But Suites goe not now so cheape as they were wont, neither are there so many fees taken in the Hamper and Pettibagge for the great Seale as hath beene. And if I did respect the English when I came first, of whom I was receiued with ioy, and came as in a hunting iourney, what might the Scottish haue iustly said, if I had not in some measure dealt bountifully with them that so long had serued me, so farre ad- uentured themselues with me, and beene so faithfull to mee. I haue giuen you now foure yeeres proofe since my comming, and what I might haue done more to haue raised the Scottish nation you all know, and the longer I liue, the lesse cause haue I to be acquainted with them, and so the lesse hope of extraordinary fauour towards them: For since my comming from them I doe not alreadie know the one halfe of them by face, most of the youth being now risen vp to bee men, who were but children when I was there, and more are borne since my comming thence.

Now for my lands and reuenues of my Crowne which you may thinke I haue diminished, They are not yet so farre diminished, but that I thinke no prince of Christendome hath fairer possessions to his Crowne then yet I haue: and in token of my care to preserue the same to my posteritie for euer, the intaile of my

lands to the Crowne hath beene long agoe offered vnto you: and that it is not yet done, is not my fault as you know. My Treasurer here knoweth my care, and hath already in part declared it, and if I did not hope to treble my Reuenue more then I haue empaired it, I should neuer rest quietly in my bed. But notwith- standing my comming to the Crowne, with that extraordinarie applause which you all know, and that I had two Nations to bee the obiects of my liberalitie, which neuer any Prince had here before; will you compare my gifts out of mine inheritance with some Princes here that had onely this Nation to respect, and whose whole time of reigne was litle longer then mine hath bene already ? It will be found that their gifts haue farre surpassed mine, albeit as I haue already said, they had nothing so great cause of vsing their liberalitie.

For the maner of the Vnion presently desired, It standeth in 3. parts: The first, taking away of hostile Lawes: for since there can bee now no Warres be- twixt you, is it not reason hostile Lawes should cease ? For, deficiente causa deficit effectus. The King of England now cannot haue warres with the King of Scotland, therefore this failes of it selfe. The second is communitie of Com- merce. I am no stranger vnto you: for you all know I came from the loynes of your ancient Kings. They of Scotland be my Subiects as you are. But how can I bee naturall Liege Lord to you both, and you strangers one to the other ? Shall they which be of one alleagance with you, be no better respected of you, nor freer amongst you, then Frenchmen and Spaniards ? Since I am Soueraigne ouer both, you as Subiects to one King, it must needes follow that you conuerse and haue Commerce together. There is a rumour of some ill dealings that should be vsed by the Commissioners, Merchants of Scotland. They be heere in England and shall remaine till your next meeting, and abide triall, to prooue themselues either honest men or knaues.

For the third point, of Naturalization, All you agree that they are no Aliens, and yet will not allow them to bee naturall. What kinde of prerogatiue will you make ? But for the Post nati, your owne Lawyers and Iudges at my first com- ming to this Crowne, informed me, there was a difference betweene the Ante and the Post nati of each Kingdome, which caused mee to publish a Proclamation, that the Post nati were Naturalized (Ipso facto) by my Accession to this Crowne. I doe not denie but Iudges may erre as men, and therefore I doe not presse you here to sweare to all their reasons. I onely vrge at this time the conueniencie for both Kingdomes, neither pressing you to iudge nor to be iudged. But remember also it is as possible and likely your owne Lawyers may erre as the Iudges: There- fore as I wish you to proceede herein so farre as may tend to the weale of both Nations; So would I haue you on the other part to beware to disgrace either my Proclamations or the Iudges, who when the Parliament is done, haue power to trie your lands and liues, for so you may disgrace both your King and your Lawes. For the doing of any acte that may procure lesse reuerence to the Iudges, cannot but breede a loosenesse in the Gouernement, and a disgrace to the whole Nation.

The reason that most mooues mee for ought I haue yet heard, that there cannot but bee a difference betweene the Ante nati and the Post nati, and that in the fauour of the last, is that they must bee neerer vnto you being borne vnder the present Gouernement and common Allegiance: but in point of conueniencie, there is no question but the Post nati are more to bee respected: For if you would haue a perfect and perpetuall Vnion, that cannot be in the Ante nati, who are but few in comparison of those that shall be in all aages succeeding, and cannot liue long. But in the Post nati shall the Vnion be continued and liue euer aage after aage, which wanting a difference cannot but leaue a perpetuall marke of separa- tion in the worke of the Vnion: as also that argument of iealousie will be so farre remooued in the case of the Post nati which are to reape the benefit in all succeed- ing aages, as by the contrary there will then rise Pharaos which neuer knew Ioseph. The Kings my Successours, who beeing borne and bred heere, can neuer haue more occasion of acquaintance with the Scottish Nation in generall, then any other English King that was before my time. Bee not therefore abused with the flattering speeches of such as would haue the Ante nati preferred, alleadging their merit in my Seruice, and such other reasons which indeed are but Soph- ismes: For, my rewarding out of my Liberalitie of any particular men, hath nothing adoe with the generall acte of the Vnion, which must not regard the deserts of priuate persons, but the generall weale and conioyning of the Nations. Besides that, the actuall Naturalizing, which is the onely point that is in your handes, is already graunted to by your selues to the most part of such particular persons as can haue any vse of it heere: and if any other well deseruing men were to sue for it hereafter, I doubt not but there would neuer bee question mooued among you for the granting of it. And therefore it is most euident, that such dis- courses haue mel in ore, fel in corde, as I said before; carrying an outward appear- ance of loue to the Vnion, but indeed a contrary resolution in their hearts. And as for limitations and restrictions, such as shall by me be agreed vpon to be rea- sonable and necessary after you haue fully debated vpon them, you may assure your selues I will with indifferencie grant what is requisite without partiall respect of Scotland. I am, as I haue often said, borne and sworne King ouer both Kingdomes; onely this farre let me entreat you, in debating the point at your next meeting. That yee be as ready to resolue doubts as to mooue them, and to be satisfied when doubts are cleered.

And as for Commodities that come by the Vnion of these Kingdoms, they are great and euident; Peace, Plentie, Loue, free Intercourse and common Societie of two great Nations. All forreigne Kings that haue sent their Ambassadours to congratulate with me since my comming, haue saluted me as Monarch of the whole Isle, and with much more respect of my greatnesse, then if I were King alone of one of these Realmes: and with what comfort doe your selues behold Irish, Scottish, Welsh, and English, diuers in Nation, yet all walking as Subiects and seruants within my Court, and all liuing vnder the allegiance of your King,

besides the honour and lustre that the encrease of gallant men in the Court of diuers Nations carries in the eyes of all strangers that repaire hither ? Those confining places which were the Borders of the two Kingdomes, where heretofore much blood was shed, and many of your ancestours lost their liues; yea, that lay waste and desolate, and were habitations but for runnagates, are now become the Nauell or Vmbilick of both Kingdomes, planted and peopled with Ciuilitie and riches: their Churches begin to bee planted, their doores stand now open, they feare neither robbing nor spoiling: and where there was nothing before heard nor seene in those parts but bloodshed, oppressions, complaints and outcries, they now liue euery man peaceably vnder his owne figgetree, and all their former cryes and complaints turned ohely into prayer to God for their King, vnder whom they enioy such ease and happy quietnesse. The Marches beyond and on this side Twede, are as fruitfull and as peaceable as most parts of England: If after all this there shall be a Scissure, what inconuenience will follow, iudge you.

And as for the inconueniences that are feared on Englands part, It is alleadged, that the Scots are a populous Nation, they shall be harboured in our nests, they shall be planted and flourish in our good Soile, they shall eate our commons bare, and make vs leane: These are foolish and idle surmises. That which you possesse, they are not to enioy; by Law they cannot, nor by my partialitie they shall not: for set apart conscience and honour, (which if I should set apart indeed, I had rather wish my selfe to bee set apart and out of all being) can any man conclude either out of common reason or good policie, that I will preferre those which perhaps I shall neuer see, or but by poste for a moneth, before those with whom I must alwayes dwell ? Can they conquer or ouercome you with swarmes of people as the Goths and the Vandals did Italy ? Surely the world knowes they are nothing so populous as you are: and although they haue had the honour and good fortune neuer to be conquered, yet were they euer but vpon the defensiue part, and may in a part thanke their hilles and inaccessible passages that preserued them from an vtter ouerthrow at the handes of all that pretended to conquer them. Or are they so very poore and miserable in their owne habitations, that necessitie should force them all to make incursions among you ?

And for my part, when I haue two Nations vnder my gouernment, can you imagine I will respect the lesser, and neglect the greater ? would I not thinke it a lesse euill and hazard to mee that the plague were at Northampton or Barwicke, then at London, so neere Westminister, the Seat of my habitation, and of my wife and children ? will not a man bee more carefull to quench the fire taken in his neerest neighbours house, then if a whole Towne were a fire farre from him ? You know that I am carefull to preserue the woods and game through all England, nay, through all the Isle: yet none of you doubts, but that I would be more offended with any disorder in the Forrest of Waltham, for stealing of a Stagge there, which lieth as it were vnder my nose, and in a maner ioyneth with my garden, then with cutting of timber, or stealing of a Deare in any Forest of the

North parts of Yorkeshire or the Bishopricke. Thinke you that I will preferre them that be absent, lesse powerfull, and farther off to doe me good or hurt, before you, with whom my security and liuing must be, and where I desire to plant my posterity ? If I might by any such fauours raise my selfe to a great- nesse, it might bee probable: All I cannot draw, and to lose a whole state here to please a few there, were madnesse. I neede speake no more of this with pro- testations. Speake but of wit, it is not likely: and to doubt of my intention in this, were more then deuilish.

For mine owne part, I offer more then I receiue, and conueniencie I preferre before law, in this point. For, three parts, wherein I might hurt this Nation, by partiality to the Scots, you know doe absolutely lie in my hands and power: for either in disposition of rents, or whatsoeuer benefit, or in the preferring of them to any dignitie or office, ciuill or Ecclesiasticall, or in calling them to the Parlia- ment, it doeth all fully and onely lie within the compasse of my Prerogatiue, which are the parts wherein the Scottish men can receiue either benefite or pre- ferment by the Vnion, and wherein for the care I haue of this people, I am content to binde my selfe with some reasonable restrictions.

As for the fourth part, the Naturalizing, which onely lieth in your hands; It is the point wherein they receiue least benefit of any: for in that they can obteine nothing, but what they buy by their purse, or acquire by the selfe same meanes that you doe. And as for the point of naturalizing, which is the point thought so fit, and so precisely belonging to Parliament; not to speake of the Common law, wherein as yet I can professe no great knowledge, but in the Ciuill law wherein I am a little better versed, and which in the point of Coniunction of Nations should beare a great sway, it being the Law of Nations; I will mainteine two principles in it, which no learned and graue Ciuilian will deny, as being clearely to be proued, both out of the text it selfe in many places, and also out of the best approued Doctours and interpreters of that law; The one, that it is a speciall point of the Kings owne Prerogatiue, to make Aliens Citizens, and donare Ciuitate; The other, that in any case wherein the Law is thought not to be cleare (as some of your selues doe doubt, that in this case of the post nati, the Law of England doth not clearely determine) then in such a question wherein no positiue Law is resolute, Rex est Iudex, for he is Lex loquens, and is to supply the Law, where the Law wants, and if many famous histories be to be beleeued, they giue the example for mainteining of this Law in the persons of the Kings of England and France especially, whose speciall Prerogatiue they alleadge it to be. But this I speake onely as knowing what belongeth to a King, although in this case I presse no further then that which may agree with your loues, and stand with the weale and conueniencie of both Nations.

And whereas some may thinke this Vnion will bring preiudice to some Townes and Corporations within England; It may bee, a Merchant or two of Bristow, or Yarmouth, may haue an hundred pounds lesse in his packe: But if the Empire

gaine, and become the greater, it is no matter: You see one Corporation is euer against another, and no priuate Companie can be set vp, but with some losse to another.

For the supposed inconueniences rising from Scotland, they are three. First, that there is an euill affection in the Scottish Nation to the Vnion. Next, the Vnion is incompatible betweene two such Nations. Thirdly, that the gaine is smal or none. If this be so, to what end do we talke of an Vnion ? For proofe of the first point, there is alleadged an auersenesse in the Scottish Nation expressed in the Instrument, both in the preface and body of their Acte; In the preface, where they declare, That they will remaine an absolute and free Monarchie; And in the body of the Acte, where they make an exception of the ancient funda- mentall Lawes of that Kingdome. And first for the generall of their auersenes, All the maine current in your Lower-house ranne this whole Session of Parlia- ment with that opinion, That Scotland was so greedy of this Vnion, and appre- hended that they should receiue so much benefit by it, as they cared not for the strictnesse of any conditions, so they might attaine to the substance: And yet you now say, they are backwards and auerse from the Vnion. This is a direct contradiction in adiecto: For how can they both be beggers and backwards, in one and the selfe same thing, at the same time ?

But for answere to the particulars, It is an old Schoole point, Eius est explicare, cuius est condere. You cannot interpret their Lawes, nor they yours; I that made them with their assent, can best expound them.

And first I confesse, that the English Parliaments are so long, and the Scottish so short, that a meane betweene them would doe well: For the shortnesse of their continuing together, was the cause of their hastie mistaking, by setting these wordes of exception of fundamentall Lawes in the body of the Acte, which they onely did in pressing to imitate word by word the English Instrument, wherein the same wordes be conteined in your Preface. And as to their meaning and in- terpretation of that word, I will not onely diliuer it vnto you out of mine owne conceipt, but as it was deliuered vnto mee by the best Lawyers of Scotland, both Counsellours and other Lawyers, who were at the making thereof in Scotland, and were Commissioners here for performance of the same.

Their meaning in the word of Fundamentall Lawes, you shall perceiue more fully hereafter, when I handle the obiection of the difference of Lawes: For they intend thereby onely those Lawes whereby confusion is auoyded, and their Kings descent mainteined, and the heritage of the succession and Monarchie, which hath bene a Kingdome, to which I am in descent, three hundreth yeeres before CHRIST: Not meaning it as you doe, of their Common Law, for they haue none, but that which is called IVS REGIS: and their desire of continuing a free Mon- archie, was onely meant, That all such particular Priuiledges (whereof I spake before) should not bee so confounded, as for want either of Magistrate, Law, or Order, they might fall in such a confusion, as to become like a naked Prouince,

without Law or libertie vnder this Kingdome. I hope you meane not I should set Garrisons ouer them, as the Spaniards doe ouer Sicily and Naples, or gouerne them by Commissioners, which are seldome found succeedingly all wise and honest men.

This I must say for Scotland, and I may trewly vaunt it; Here I sit and gouerne it with my Pen, I write and it is done, and by a Clearke of the Councell I gouerne Scotland now, which others could not doe by the sword. And for their auersenesse in their heart against the Vnion, It is trew indeede, I protest they did neuer craue this Vnion of me, nor sought it either in priuate, or the State by let- ters, nor euer once did any of that Nation presse mee forward or wish mee to accelerate that businesse. But on the other part, they offered alwayes to obey mee when it should come to them, and all honest men that desire my greatnesse haue beene thus minded, for the personall reuerence and regard they beare vnto my Person, and any of my reasonable and iust desires.

I know there are many Piggots amongst them, I meane a number of seditious and discontented particular persons, as must be in all Common-wealths, that where they dare, may peraduenture talke lewdly enough: but no Scottish man euer spake dishonourably of England in Parliament. For here must I note vnto you the difference of the two Parliaments in these two Kingdomes, for there they must not speake without the Chauncellors leaue, and if any man doe propound or vtter any seditious or vncomely speeches, he is straight interrupted and silenced by the Chauncellors authoritie: where as here, the libertie for any man to speake what hee list, and as long as he list, was the onely cause he was not interrupted.

It hath bin obiected that there is a great Antipathy of the Lawes and Cus- tomes of these two Nations. It is much mistaken: for Scotland hath no Common Law as here, but the Law they haue is of three sorts.

All the Lawe of Scotland for Tenures, Wards and Liueries, Seigniories and Lands, are drawen out of the Chauncerie of England, and for matters of equitie and in many things else, differs from you but in certaine termes: Iames the first, bred here in England, brought the Lawes thither in a written hand. The second is Statute Lawes, which be their Acts of Parliament, wherein they haue power as you, to make and altar Lawes: and those may be looked into by you, for I hope you shall be no more strangers to that Nation. And the principall worke of this Vnion will be, to reconcile the Statute Lawes of both Kingdomes. The third is the Ciuill Law: lames the fift brought it out of France by establishing the Session there, according to the forme of the Court of Parliament of Fraunce, which he had seene in the time of his being there: who occupie there the place of Ciuill Iudges in all matters of Plee or controuersie, yet not to gouerne absolutely by the Ciuill Law as in Fraunce. For if a man plead that the Law of the Nation is otherwise, it is a barre to the Ciuill, and a good Chauncellor or President, will oftentimes repell and put to silence an Argument that the Lawyers bring out of the Ciuill Law, where they haue a cleare solution in their owne Law. So as the Ciuill Law

in Scotland is admitted in no other cases, but to supply such cases wherein the Municipall Law is defectiue. Then may you see it is not so hard a matter as is thought, to reduce that Countrey to bee vnited with you vnder this Law, which neither are subiect to the Ciuill Lawe, nor yet haue any olde Common Law of their owne, but such as in effect is borrowed from yours. And for their Statute Lawes in Parliament, you may alter and change them as oft as occasion shall require, as you doe here. It hath likewise beene obiected as an other impediment, that in the Parliament of Scotland the King hath not a negatiue voice, but must passe all the Lawes agreed on by the Lords and Commons. Of this I can best resolue you: for I am the eldest Parliament man in Scotland, and haue sit in more Parliaments then any of my Predecessors. I can assure you, that the forme of Parliament there, is nothing inclined to popularitie. About a twentie dayes or such a time before the Parliament, Proclamation is made throughout the Kingdome, to deliuer in to the Kings Clearke of Register (whom you heere call the Master of the Rolles) all Bills to be exhibited that Session before a certaine day. Then are they brought vnto the King, and perused and considered by him, and onely such as I allowe of are put into the Chancellors handes to bee propounded to the Parliament, and none others: And if any man in Parliament speake of any other matter then is in this forme first allowed by mee, The Chancellor tells him there is no such Bill allowed by the King.

Besides, when they haue passed them for lawes, they are presented vnto me, and I with my Scepter put into my hand by the Chancellor, must say, I ratifie and approue all things done in this present Parliament. And if there bee any thing that I dislike, they rase it out before. If this may bee called a negatiue voyce, then I haue one I am sure in that Parliament.

The last impediment is the French liberties: which is thought so great, as except the Scots forsake Fraunce England cannot bee vnited to them. If the Scottish Nation would bee so vnwilling to leaue them as is said, it would not lye in their hands: For the League was neuer made betweene the people, as is mis- taken, but betwixt the Princes onely and their Crownes. The beginning was by a Message from a King of Fraunce, Charlemaine I take it (but I cannot certainely remember) vnto a King of Scotland, for a League defensiue and offensiue betweene vs and them against England, Fraunce being at that time in Warres with England.

The like at that time was then desired by England against Fraunce who also sent their Ambassadours to Scotland. At the first, the Disputation was long maintained in fauour of England, that they being our neerest Neighbours ioyned in one continent, and a strong and powerfull Nation, it was more fitte for the weale and securitie of the State of Scotland, to be in League and Amitie with them, then with a Countrey, though neuer so strong, yet diuided by Sea from vs: especially England lying betwixt vs and them, where we might be sure of a sud- daine mischiefe, but behooued to abide the hazard of wind and weather, and other accidents that might hinder our reliefe.

But after, when the contrary part of the Argument was maintained: wherein allegation was made, that England euer sought to conquer Scotland, and there- fore in regarde of their pretended interest in the Kingdome, would neuer keepe any sound Amitie with them longer, then they saw their aduantage; whereas France lying more remote and clayming no interest in the Kingdome, would therefore bee found a more constant and faithfull friend: It was vnhappily con- cluded in fauour of the last partie, through which occasion Scotland gate many mischiefes after: And it is by the very tenour thereof ordered, to bee renewed and confirmed from King to King successiuely, which accordingly was euer per- formed by the mediation of their Ambassadours, and therefore meerely personall, and so was it renewed in the Queene my mothers time, onely betweene the two Kings, and not by assent of Parliament or conuention of the three Estates, which it could neuer haue wanted if it had beene a League betweene the people. And in my time when it came to be ratified, because it appeared to be in odium tertii, it was by me left vnrenewed or confirmed as a thing incompatible to my Person, in consideration of my Title to this Crowne. Some Priuiledges indeede in the Merchants fauour for point of Commerce, were renewed and confirmed in my time: wherein for my part of it, there was scarce three Counsellours more then my Secretarie, to whose place it belonged, that medled in that matter.

It is trew, that it behooued to be enterteined, as they call it, in the Court of Parliament of Paris: but that onely serues for publication, and not to giue it Authoritie: That Parliament (as you know) being but a Iudiciall Seate of Iudges and Lawyers, and nothing agreeing with the definition or office of our Parlia- ments in this Isle. And therefore that any fruites or Priuiledges possessed by the League with Fraunce is able now to remaine in Scotland, is impossible: For ye may be sure, that the French King stayes onely vpon the sight of the ending of this Vnion, to cut it off himselfe. Otherwise when this great worke were at an end, I would be forced for the generall care I owe to all my Subiects, to craue of France like Priuiledge to them all as Scotland alreadie enioyes, seeing the per- sonall friendship remaines as great betweene vs as betweene our Progenitors; and all my Subiects must be alike deare vnto me: which either hee will neuer grant, and so all will fall to the ground; or else it will turne to the benefite of the whole Island: and so the Scottish Priuiledges cannot hold longer then my League with France lasteth.

And for another Argument to prooue that this league is only betweene the Kings, and not betweene the people: They which haue Pensions, or are priuie Intelligence giuers in France without my leaue, are in no better case by the Law of Scotland, then if they were Pensioners to Spaine.

As for the Scottish Guard in France, the beginning thereof was, when an Earle of Boghan was sent in aide of the French with tenne thousand men, and there being made Constable, and hauing obtained a victorie, was murthered with the most of the Scottish Armie. In recompense whereof, and for a future securitie to

the Scottish Nation, the Scottish Guard was ordeined to haue the priuiledge and prerogatiue before all other Guards in guarding the Kings person.

And as for the last point of this subdiuision concerning the gaine that England may make by this Vnion, I thinke no wise nor honest man will aske any such question. For who is so ignorant, that doeth not know the gaine will bee great ? Doe you not gaine by the Vnion of Wales ? And is not Scotland greater then Wales ? Shall not your Dominions bee encreased of Landes, Seas, and persons added to your greatnesse ? And are not your Landes and Seas adioyning ? For who can set downe the limits of Borders, but as a Mathematicall line or Idaea ? Then will that backe doore bee shut, and those portes of Ianus be for euer closed: you shall haue them that were your enemies to molest you, a sure backe to defend you: their bodies shall bee your aides, and they must bee partners in all your quarrels: Two snow-balls put together, make one the greater: Two houses ioyned, and make one the larger: two Castle walles made in one, makes one as thicke and strong as both. And doe you not see in the Low countreys how auaileable the English and the Scottish are being ioyned together ? This is a point so plaine, as no man that hath wit or honestie, but must acknowledge it feelingly.

And where it is obiected that the Scottishmen are not tyed to the seruice of the King in the warres aboue forty dayes; It is an ignorant mistaking. For the trewth is, That in respect the Kings of Scotland did not so abound in Treasure and money to take vp an Armie vnder pay, as the Kings of England did; There- fore was the Scottish Army wont to be raysed onely by Proclamation, vpon the penaltie of their breach of alleageance; So as they were all forced to come to the Warre like Snailes who carry their house about with them; Euery Nobleman and Gentleman bringing with him their Tents, money, prouision for their house, victuals of all sorts, and all other necessaries, the King supplying them of nothing: Necessitie thereupon enforcing a warning to be giuen by the Proclamation of the space of their attendance, without which they could not make their prouision accordingly, especially as long as they were within the bounds of Scotland, where it was not lawfull for them to helpe themselues by the spoile or wasting of the Countrey. But neither is there any Law Prescribing precisely such a certaine number of dayes, nor yet is it without the limits of the Kings power to keepe them together, as many more dayes as hee list, to renew his Proclamations from time to time some reasonable number of dayes, before the expiring of the former, they being euer bound to serue and waite vpon him, though it were an hundreth yeere if need were.

Now to conclude, I am glad of this occasion, that I might Liberare animam meam; You are now to recede: when you meete againe, remember I pray you, the trewth and sincerity of my meaning, which in seeking Vnion, is onely to aduance the greatnesse of your Empire seated here in England; And yet with such caution I wish it, as may stand with the weale of both States. What is now

desired, hath oft before bene sought when it could not bee obteined: To refuse it now then, were double iniquitie. Strengthen your owne felicitie, London must bee the Seate of your King, and Scotland ioyned to this kingdome by a Golden con- quest, but cymented with loue, (as I said before) which within will make you strong against all Ciuill and intestine Rebellion, as without wee will bee com- passed and guarded with our walles of brasse. Iudge mee charitably, since in this I seeke your equall good, that so both of you might bee made fearefull to your Enemies, powerfull in your selues, and auaileable to your friendes. Studie therefore hereafter to make a good Conclusion, auoyd all delayes, cut off all vaine questions, that your King may haue his lawfull desire, and be not disgraced in his iust endes. And for your securitie in such reasonable points of restrictions, whereunto I am to agree, yee need neuer doubt of my inclination: For I will not say anything which I will not promise, nor promise any thing which I will not sweare; What I sweare I will signe, and what I signe, I shall with GODS grace euer performe.