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taken the other course of which this effect hath | in this point the rule holdeth which was pronounced followed, that the addition of farther empire and by an ancient father, touching the diversity of rites territory hath been rather matter of burden, than in the church; for finding the vesture of the queen matter of strength unto them: yea, and farther, it in the psalm, which did prefigure the church, was hath kept alive the seeds and roots of revolts and of divers colours; and finding again that Christ's rebellions for many ages; as we may see in a fresh coat was without a seam, he concluded well," in and notable example of the kingdom of Arragon: veste varietas sit, scissura non sit." 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 a hundred years; yet because it was continued in a divided government, and not well incorporated and cemented with the other crowns, entered into a rebellion upon point of their fueros, 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 outward matter, yet it carrieth much impression and enchantment: the general and common name of Græcia made the Greeks always apt to unite, though otherwise 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 kingdoms of Castile, Arragon, Granada, Navarre, Valentia, Catalonia, and the rest, comprehending also now lately Portugal.

For language, it is not needful to insist upon it; because both your Majesty's kingdoms are of one language, though of several dialects; and the difference is so small between them, as promiseth rather an enriching of one language than a continuance of

two.

For laws, which are the principal sinews of government, they be of three natures; jura, which I will term freedoms or abilities, leges, and mores.

For abilities and freedoms, they were amongst the Romans of four kinds, or rather degrees. Jus connubii, 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 civitatis answereth to that we call denization or naturalization. Jus suffragii 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 suffragium, sine jure petitionis, which was commonly with them the last.

For those we call leges, it is a matter of curiosity and inconveniency, to seek either to extirpate all particular customs, or to draw all subjects to one place or resort of judicature and session. sufficeth there be a uniformity in the principal and fundamental laws, both ecclesiastical and civil for

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For manners: a consent in them is to be sought industriously, but not to be enforced: for nothing amongst people breedeth so much pertinacy in holding their customs, as sudden and violent offer to remove them.

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

Tros, Tyriusque mihi nullo discrimine agetur.

There remaineth only to remember out of the grounds of nature the two conditions of perfect mixture; whereof the former is time: for the natural philosophers say well, that compositio is opus hominis, and mistio opus naturæ. For it is the duty of man to make a fit application of bodies together: but the perfect fermentation and incorporation of them must be left to time and nature; and unnatural hasting thereof doth disturb the work, and not despatch 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 contiguum. 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 excellent 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 studies, 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 Romans and the Sabines.

CERTAIN ARTICLES OR CONSIDERATIONS

TOUCHING THE

UNION OF THE KINGDOMS OF ENGLAND AND SCOTLAND:

COLLECTED AND DISPERSED FOR HIS MAJESTY'S BETTER SERVICE.

teries 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 dexterously and profoundly, as if you had been indeed anima legis, not only in execution, but in understanding: 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.

YOUR Majesty, being, I doubt not, directed and conducted by a better oracle than that which was given for light to Æneas in his peregrination, "Antiquam exquirite matrem," hath a royal, and indeed an heroical desire to reduce these two kingdoms of England and Scotland into the unity of their ancient mother kingdom 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 quæ pulchra :" it is an action that requireth, yea, and needeth much, not only of your Majesty's wisdom, but of your felicity. In this argument I presumed at your Majesty's first en- And therefore my purpose is only to break this trance to write a few lines, indeed scholastically and matter of the union into certain short articles and speculatively, and not actively or politically, as I held questions, and to make a certain kind of anatomy it fit for me at that time; when neither your Majesty or analysis of the parts and members thereof: not was in that your desire declared, nor myself in that that I am of opinion that all the questions which I service used or trusted. But now that both your now shall open, were fit to be in the consultation of Majesty hath opened your desire and purpose with the commissioners propounded. For I hold nothing much admiration, even of those who give it not so so great an enemy to good resolution, as the making full an approbation, and that myself was by the of too many questions; especially in assemblies commons graced with the first vote of all the com- which consist of many. For princes, for avoiding mons selected for that cause; not in any estimation of distraction, must take many things by way of of my ability, for therein so wise an assembly could admittance; and if questions must be made of them, not be so much deceived, but in an acknowledgment rather to suffer them to arise from others, than to of my extreme labours and integrity; in that busi- grace them and authorize them as propounded from ness I thought myself every way bound, both in duty themselves. But unto your Majesty's private conto your Majesty, and in trust to that house of par-sideration, to whom it may better sort with me liament, 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 fartherance of so excellent a work; wherein I will endeavour that that which I shall set down be nihil minus quam verba 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 I 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 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 I have often observed, so I did extremely admire in Goodwin's cause, being a matter full of secrets and mys

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rather to speak as a remembrancer than as a counsellor, 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 prerogative, or by other policies or means; and lastly, which of them is liker to pass with difficulty and contradiction, and which with more facility and smoothness.

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

Statutes concerning Scot

land and the Scottish

nation.

Farther union

besides the removing of inand dissent

convenient

The third question is that which many will make a great question of, though perhaps your Majesty will make no question of it; and that is, whether your Majesty should not make a stop or | stand here, and not to proceed to any farther union, contenting yourself with the two former articles or points.

ing laws and usages.

Whether it be not meet, that the | cil of the marches here in England, erected upon statutes which were made touching Scot- the union of Wales? land or the Scottish nation, while the kingdoms stood severed, be repealed? It is true, there is a diversity in these; for some of 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 prohibiteth all armour or victual to be carried to Scotland; and the law of 7 of K. Henry VII. that enacteth all the Scottish 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 endueth Berwick with the liberty of a staple, where all Scottish 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 foreign nation; and not so much neither; for there have been erected staples in towns of England for some commodities, with an exclusion and restriction of other parts of England.

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Herein falleth that question, whether that the tenants, who hold their tenants' rights in a greater freedom 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 cessante causa, tollitur effectus ?" Wherein, in my opinion, some time would be given; quia adhuc eorum messis in herba est:" but some present ordinance would 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 plaster 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 would be considered, whether it were not convenient to plant and erect at Carlisle or Berwick 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 instructions by your Majesty to be set down, after the imitation and precedent of the coun

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For it will be said, that we are now well, thanks be to God and your Majesty, and the state of nei ther kingdom is to be repented of; and that it is true which Hippocrates saith, that "Sana corpora difficile medicationes ferunt," it is better to make alterations in sick bodies than in sound. The con

sideration of which point will rest upon these two branches; what inconveniences will ensue with time, if the realms stand as they are divided, which are yet not found nor sprung up. For it may be the sweetness of your Majesty's first entrance, and the great benefit that both nations have felt thereby, hath covered many inconveniences: which, nevertheless, be your Majesty's government never so gracious and politic, continuance of time and the accidents of time may breed and discover, if the kingdoms stand divided.

The second branch is; allow no manifest or important peril or inconvenience should ensue of the continuing 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 virtues and fortune, to be the author and founder of, for the advancement and exaltation of your Majesty's royal posterity in time to come?

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Points where

united.

But admitting that your Majesty should proceed to this more perfect in the nations and entire union, wherein your Majesty stand already may say, Majus opus moveo; to enter into the 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 done; and how that which is to be done is to be inferred upon that which is done.

The points wherein the nations stand already united are:

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Sovereignty, For the sovereignty, the union is line royal. 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, obedience.

Alien, naturalization.

For subjection, I take the law of England to be clear, what the law of Scotland is I know not, that all Scotsmen from the very instant of your Majesty's reign begun are become denizens, and the post-nati are naturalized subjects of England for the time 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 difference unto the definition of an alien, if he be not of the king's allegiance; as we 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 common law, and the reason thereof. So as there is no doubt, that every subject of Scotland was, and is in like plight and 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 Religion, church go- perfect in points of doctrine; but in vernment. matter of discipline and government it

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Language, dialect.

For the language, it is true the nations are unius labii, and have not the first curse of disunion, which was confusion of tongues, whereby one understood not another. But yet the dialect is differing, and it remaineth 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 principal 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 compounding and taking in the proper and significant words of either tongue, rather than a continuance of two languages.

treaties.

For leagues and confederacies, it is Leagues, contrue, that neither nation is now in hos- federacies, tility with any state, wherewith the other nation is in amity: but yet so, as the 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 the other.

But many of these matters may perhaps be of that kind, as may fall within that rule, "In veste varietas sit, scissura non sit.".

Nor 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 repeated: the points, I say, yet remaining, I will divide into external and internal. The external points therefore of the separation are four.

External points of the 1. The several crowns, I mean the separation and union. ceremonial and material crowns.

2. The second is the several names, styles, or appellations.

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 internal, 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.

The ceremo

nial and ma

terial crowns.

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, admitting 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 inequality, 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 compounding of the two crowns is equal; the calling of the new crown the crown of Britain is equal. Only 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 parliament of Scotland in the absence of the kings, to have the crowns carried in solemnity, must likewise cease.

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Admitting there shall be an alteration, then the great seal here, kept about your person; it is an case will require these inferior questions:

First, whether the name of Britain shall only be used in your Majesty's style, where the entire style is recited; and in all other forms the divided names to remain both of the realms and of the people? or otherwise that the very divided names of realms and people shall likewise be changed or turned into special or subdivided names of the general name? that is to say, for example, whether your Majesty in your style shall denominate yourself king of Britain, France, and Ireland, &c. and yet nevertheless, in any commission, writ, or otherwise, where your Majesty mentions England or Scotland, you shall retain the ancient names, as "secundum consuetudinem regni nostri Angliæ;" or whether those divided names shall be for ever lost and taken away, and turned into the subdivisions of South-Britain and NorthBritain, and the people to be South-Britons and North-Britons? And so in the example aforesaid, the tenour of the like clause to run "secundum consuetudinem Britanniæ australis."

Also, if the former of these shall be thought convenient, whether it were not better for your Majesty to take that alteration of style upon you by proclamation, as Edward the third did the style of France, than to have it enacted by parliament ?

Also, in the alteration of the style, whether it were not better to transpose the kingdom of Ireland, and put it immediately after Britain, and so place the islands together; and the kingdom of France, being upon the continent, last; in regard that these islands of the western ocean seem by nature and providence an entire empire in themselves; and also, that there was never king of England so entirely possest of Ireland, as your Majesty is: so as your style to run, king of Britain, Ireland, and the islands adjacent, and of France, &c.

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alteration internal, whereof I do not now speak.

But the question in this place is, whether the great seals of England and Scotland should not be changed into one and the same form of image and superscription of Britain, which, nevertheless, is requisite should be with some one plain or manifest alteration, lest there be a buzz, and suspect that grants of things in England may be passed by the seal of Scotland, or e converso?

Also whether this alteration of form may not be done without act of parliament, as the great seals have used to be heretofore changed as to their impressions ?

For the moneys, as to the real and internal consideration thereof, the question will be, whether your Majesty shall not continue two mints? which, the distance of territory considered, I suppose will be of necessity.

Secondly, how the standard, if it be The standards not already done, as I hear some doubt and stamps, made of it in popular rumour, may be moneys. reduced into an exact proportion for the time to come; and likewise the computation, tale, or valuation to be made exact for the moneys already beaten?

That done, the last question is, which is only proper to this place, whether the stamp or the image and superscription of Britain for the time forwards should not be made the self-same in both places, without any difference at all? A matter also which may be done, as our law is, by your Majesty's prerogative, without act of parliament.

These points are points of demonstration, ad faciendum populum, but so much the more they go to the root of your Majesty's intention, which is to imprint and inculcate into the hearts and heads of the people, that they are one people and one nation. In this kind also I have heard it pass abroad in The difficulties in this have been already tho-speech of the erection of some new order of knightroughly beaten over; but they gather but to two heads.

The one, point of honour and love to the former

names.

The other, doubt, lest the alteration of the name may induce and involve an alteration of the laws and policies of the kingdom; both which, if your Majesty shall assume the style by proclamation, and not by parliament, are in themselves satisfied : for then the usual names must needs remain in writs and records, the forms whereof cannot be altered but by act of parliament, and so the point of honour satisfied. And again, your proclamation altereth no law, and so the scruple of a tacit or implied alteration of laws likewise satisfied. But then it may be considered, whether it were not a form of the greatest honour, if the parliament, though they did not enact it, yet should become suitors and petitioners to your Majesty to assume it?

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hood, with a reference to the union, and an oath appropriate thereunto, which is a point likewise deserves a consideration. So much for the external points.

The internal points of separation are as followeth.

1. Several parliaments.

2. Several councils of state.

3. Several officers of the crown. 4. Several nobilities.

5. Several laws.

Internal points of union.

6. Several courts of justice, trials, and processes. 7. Several receipts and finances.

8. Several admiralties and merchandisings.
9. Several freedoms and liberties.
10. Several taxes and imposts.

As touching the several states ecclesiastical, and the several mints and standards, and the several articles and treaties of intercourse with foreign nations, I touched them before.

In these points of the strait and more inward union, there will intervene one principal difficulty and impediment, growing from that root, which Aristotle in his Politics maketh to be the root of all division and dissension in commonwealths, and that

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