The works of Francis Bacon, lord chancellor of England.

176 CASE OF THE POST-NATI OF SCOTLAND.
quent, remote or not remote, doth not alter the made of one lump of earth, of one breath of God,
operation of law for the present. For that should they had the same common parents: nay, at the
be, as if in case of the rent which you put, you first they were, as the Scripture showeth, " unius
should say, that in regard that the rent may be se- labii," of one language, until the curse; which
vered, it should be said to be "; in esse" in the mean curse, thanks be to God, our present case is extime, and should be grantable; which is clearly empted from. It was civil and national laws that
otherwise. And so in the principal case, if that brought in these words, and differences, of
should be, which God of his goodness forbid, cc ces-, civis" and ", exterus," alien and native. And
sante causa cessat effectus," the benefit of natu- therefore because they tend to abridge the law
ralization for the time to come is dissolved. But of nature, the law favoureth not them, but takes
that altereth not the operation of the law; " rebus them strictly; even as our law hath an excellent
sic stantibus." And therefore I conclude that this rule, That customs of towns and boroughs shall
difference is but a device full of weakness and be taken and constructed strictly and precisely,
ignorance; and that there is one and the same because they do abridge and derogate from the
reason of naturalizincg subjects by descent, and law of the land. So, by the same reason, all
subjects by conquest; and that is the union in the national laws whatsoever are to be taken strictly
person of the king; and therefore that the case and hardly in any point wherein they abridge and
of Scotland is as clear as that of Ireland, and they derogate from the law of nature. Whereupon I
that grant the one cannot deny the other. And conclude that your lordships cannot judge the law
so I conclude the second part, touchingconfutation. for the other side, except the case be ", lace
To proceed therefore to the proofs of our part, clarius." And if it appear to you but doubtful, as
your lordships cannot but know many of them I think no man in his right senses but will yield it
must be already spent in the answer which we to be at least doubtful, then ought your lordships,
have made to the objection. For "~corruptio under your correction be it spoken, to pronounce
unius, generatio alterius," holds as well in argu- for us because of the favour of the law. Furtherments, as in nature, the destruction of an objec- more, as the law of England must favour nation begets a proof. But nevertheless Iwill avoid turalization as a branch of the law of nature,
all iteration, lest I should seem either to distract so it appears manifestly, that it doth favour it
your memories, or to abuse your patience; but accordingly. For is it not much to make a subject
will hold myself only to these proofs which stand naturalized. By the law of England, it should
substantially of themselves, and are not inter- suffice, either place or parents, if he be born in
mixed with matter of confutation. I will there- England, it is no matter though his parents be
fore prove unto yourlordships that the post-natus Spaniards, or what you will. On the other side,
of Scotland is by the law of England natural, and if he be born of English parents, it skilleth not
ought so to be adjudged, by three courses of proof. though he be born in Spain, or in any other place
1. First, upon point of favour of law. of the world. In such sort doth the law of England
2. Secondly, upon reason and authorities of open her lap to receive in people to be naturalized;
law. which indeed showeth the wisdom and excellent
3. And, lastly, upon former precedents and ex- composition of our law, and that it is the law of
amples. a warlikeandmagnanimous nation, fit for empire.
1. Favour of law: what mean I by that t The For look, and you shall find that such kind of
law is equal and favoureth not. It is true not estates have been ever liberal in point of naturalpersons but things or matters it doth favour. Is ization; whereas merchant-like and envious esit not a common principle, that the law favoureth tates have been otherwise.
three things, life, liberty, and dower. And what For the reasons of law joined with authorities,
is the reason of this favour! This, because our I do first observe to your lordships, that our asserlaw is grounded upon the law of nature. And tion or affirmation is simple and plain: that it
these three things do flow from the law of nature, sufficeth to naturalization, that there be one kinr,
preservation of life natural; liberty, which every and that the party be "natus ad fidem regis,"
beast or bird seeketh and affecteth naturally; the agreeable to the definition of Littleton, which is:
society of man and wife, whereof dower is the Alien is he which is born out of the allegiance of
reward natural. It is well, doth the law favour our lord the king. They of the other side speak
liberty so highly, as a man shall enfranchise his of respects, and 4 "quoad," and o "quatenus," and
bondmnan when he thinketh not of it, by granting such subtilties and distinctions. To maintain
to him lands or goods; and is the reason of it therefore our assertion, I will use three kinds of,6 quia natura omnes homines erant liberi;" and proof.
Ihat servitude or villenage doth cross and abridge The first is, that allegiance cannot be applied
the law of nature? And doth not the selfsame to the law or kingdom, but to the person of the
rsason hold in the present case? For, my lords, king, because the allegiance of the subject is
bv the law of nature all men in the world are' more large and spacious, and hath a greater
naturalized one towards another; they were all' latitude and comprehension than the law or the