The works of Francis Bacon, lord chancellor of England.

CASE OF THE POST-NATI OF SCOTLAND. 167
For, my lords, though he were thought to have gain nothing by surreption, in the putting of the
said well, that said that for his word, 46 Rex for- question, that one and the same natural person is
tissimus;" yet he was thought to have said better, king of both realms.
even in the opinion of the king himself, that It is confessed, that the laws and parliaments
said, "6Veritas fortissima, et prevalet:" And I are several. So, then, Whether this privilege
do much rejoice to observe such a concurrence in and benefit of naturalization to be an accessory or
the whole carriage of this cause to this end, that dependency upon that which is one and joint, or
truth may prevail. upon that which is several, hath been, and must
The case no feigned orframed case; but a true be the depth of this question. And therefore
case between true parties. your lordships do see the state of this question
The title handled formerly in some of the king's doth evidently lead me by way of inducement to
courts, and freehold upon it; used indeed by his speak of three things: The king, the law, and
majesty in his high wisdom to give an end to this the privilege of naturalization. For if you well
great question, but not raised; 1" occasio," as the understand the nature of the two principals, and
schoolmen say, "6 arrepta, non porrecta." again the nature of the accessory; then shall you
The case argued in the king's bench by Mr. discern, to whether principal the accessory doth
Walter with great liberty, and yet with good ap- properly refer, as a shadow to a body, or iron to
probation of the court; the persons assigned to be an adamant.
of counsel on that side, inferior to none of their And therefore your lordships will give me leave,
quality and degree in learning; and some of them in a case of this quality, first to visit and open the
most conversant and exercised in the question. foundations and fountains of reason, and not
The judges in the king's bench have adjourned begin with the positions and eruditions of muniit to this place for conference with the rest of cipal law; for so was that done in the great case
their brethren. Your lordship, my lord chancel- of mines; and so ought that to be done in all
lor, though you be absolute judge in the court cases of like nature. And this doth not at all
where you sit, and might have called to you such detract from the sufficiency of our laws, as incomassistance of judges as to you had seemed good; petent to decide their own cases, but rather addeth
yet would not forerun or lead in this case by any a dignity unto them, when their reason appearing
opinion there to be given; but have chosen rather as well as their authority, doth show them to be
to come yourself to this assembly; all tending, as fine moneys, which are current not only by the
as I said, to this end, whereunto I for my part do stamp, because they are so received, but by the
heartily subscribe, ", ut vincat veritas," that truth natural metal, that is, the reason and wisdom of
may first appear, and then prevail. And I do them.
firmly hold, and doubt not but I shall well main- And Master Littleton himself in his whole book
tain, that this is the truth, that Calvin the plain- doth commend but two things to the professors of
tiff is ", ipso jure," by the law of England, a na- the law by the name of his sons; the one, the intural born subject, to purchase freehold, and to quiring and searching out the reasons of the law;
bring real actions within England. In this case and the other, the observing of the forms of pleadI must so consider the time, as I must much more ings. And never was there any case that came
consider the matter. And, therefore, though it may in judgment that required more, that Littleton's
draw my speech into farther length; yet I dare advice should be followed in those two points,
not handle a case of this nature confusedly, but than doth the present case in question. And, first,
purpose to observe the ancient and exact form of of the king.
pleadings; which is, It is evident that all other commonwealths,
First, to explain or induce. monarchies only excepted, do subsist by a law
Then, to confute, or answer objections. precedent. For where authority is divided
And, lastly, to prove, or confirm. amongst many officers, and they not perpetual,
And, first, for explanation. The outward ques- but annual or temporary, and not to receive their
tion in this case is no more, but, Whether a authority but by election, and certain persons to
child, born in Scotland since his majesty's happy have voice only to that election, and the like;
coming to the crown of England, be naturalized these are busy and curious frames, which of nein England, or no. But the inward question or cessity do presuppose a law precedent, written or
state of the question evermore beginneth where unwritten, to guide and direct them: but in methat which is confessed on both sides doth leave. narchies, especially hereditary, that is, when
It is confessed, that if these two realms of Eng- several families or lineages of people do submit
land and Scotland were united under one law and themselves to one line, imperial or royal, the subone parliament, and thereby incorporated and mission is more natural and simple, which aftermade as one kingdom, that the " post-natus" of wards by laws subsequent is perfected and made
such a union should be naturalized. more formal; but that is grounded upon nature.
It is confessed, that both realms are united in That this is so, it appeareth notably in two
the person of our sovereign; or, because I will things; the one the platforms and patterns which