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is equality and inequality. For the realm of Scotland is now an ancient and noble realm, substantive of itself. But when this island shall be made Britain, then Scotland is no more to be considered us Scotland, but as a part of Britain; no more than England is to be considered as England, but as a part likewise of Britain; and consequently neither of these are to be considered as things entire of themselves, but in the proportion that they bear to the whole. And therefore let us imagine, "Nam id mente possum us, quod actu non possumus," that Britain had never been divided, but had ever been one kingdom j then that part of soil or territory, which is comprehended under the name of Scotland, is in quantity, as I have heard it esteemed, how truly I know not, not past a third part of Britain; and that part of soil or territory, which is comprehended under the name of England, is two parts of Britain, leaving to speak of any difference of wealth or population, and speaking only of quantity. So then if, for example, Scotland should bring to parliament as much nobility as England, then a third part should countervail two parts; "nam si incequalibus sequalia addas, omnia erunt ineequalia." And this, I protest before God and your Majesty, I do speak not as a man born in England, but as a man born in Britain. And therefore to descend to the particulars:
For the parliaments, the consideration of that point will fall into four questions.
1. The first, what proportion shall be kept between the votes of England and the votes of Scotland?
2. The second, touching the manner of proposition, or possessing of the parliament of causes there to be handled: which in England is used to be done immediately by any member of the parliament, or by the prolocutor; and in Scotland is used to be done immediately by the lords of the articles; whereof the one form seemeth to have more liberty, and the other more gravity and maturity ; and therefore the question will be, whether of these shall yield to other, or whether there should not be a mixture of both, by some commissions precedent to every parliament, in the nature of lords of the articles, and yet not excluding the liberty of propounding in full parliament afterwards?
3. The third, touching the orders of parliament, how they may be compounded, and the best of either taken?
4. The fourth, how those, which by inheritance or otherwise have offices of honour and ceremony in both the parliaments, as the lord steward with us, &c. may be satisfied, and duplicity accommodated?
For the councils of estate, while the estat°eUDCUs °f kingdoms stand divided.it should seem necessary to continue several councils; but if your Majesty should proceed to a strict union, then howsoever your Majesty may establish some provincial councils in Scotland, as there is here of York, and in the marches of Wales, yet the question will lie, whether it will not be more convenient for your Majesty, to have but one privy council about Your person, whereof the principal officers of the
crown of Scotland to be for dignity sake, howsoever there abiding and remaining may be as your Majesty shall employ their service? But this point belongeth merely and wholly to your Majesty's royal will and pleasure.
For the officers of the crown, the 3. officers of consideration thereof will fall into these tne crownquestions.
First, in regard of the latitude of your kingdom and the distance of place, whether it will not be matter of necessity to continue the several officers, because of the impossibility for the service to be performed by one P
The second, admitting the duplicity of officers should be continued, yet whether there should not be a difference, that one should be the principal officer, and the other to be but special and subaltern P As for example, one to be chancellor of Britain, and the other to be chancellor with some special addition, as here of the duchy, &c.
The third, if no such speciality or inferiority be thought fit, then whether both officers should not have the title and the name of the whole island and precincts? as the lord chancellor of England to be lord chancellor of Britain, and the lord chancellor of Scotland to be lord chancellor of Britain, but with several provisos that they shall not intromit themselves but within their several precincts.
For the nobilities, the consideration 4 N0t,iuties. thereof will fall into these questions.
The first, of their votes in parliament, which was touched before, what proportion they shall bear to the nobility of England ? wherein if the proportion which shall be thought fit be not full, yet your Majesty may, out of your prerogative, supply it; for although you cannot make fewer of Scotland, yet you may make more of England.
The second is touching the place and precedence wherein to marshal them according to the precedence of England in your Majesty's style, and according to the nobility of Ireland; that is, all English earls first, and then Scottish, will be thought unequal for Scotland. To marshal them according to antiquity, will be thought unequal for England. Because I hear their nobility is generally more ancient: and therefore the question will be, whether the indifferentest way were not to take them interchangeably; as for example, first, the ancient earl of England, and then the ancient earl of Scotland, and so alternis vicibus?
For the laws, to make an entire and perfect union, it is a matter of great difficulty and length, both in the collecting of them, and in the passing of them.
For first, as to the collecting of them, there must be made by the lawyers of either nation a digest under titles of their several laws and customs, as well common laws as statutes, that they may be collated and compared, and that the diversities may appear and be discerned of. And for the passing of them, we see by experience that patrius mos is dear to all men, and that men are bred and nourished up in the love of it; and therefore how harsh changes and innovations are.' And we see likewise what
disputation and argument the alteration of some one law doth cause and bring forth, how much more the alteration of the whole corps of the law? Therefore the first question will be, whether it be not good to proceed by parts, and to take that that is most necessary, and leave the rest to time? The parts therefore or subject of laws, are for this purpose fitliest distributed according to that ordinary division of criminal and civil, and those of criminal causes into capital and penal.
The second question therefore is, allowing the general union of laws to be too great a work to embrace; whether it were not convenient that cases capital were the same in both nations; I say the cases, I do not speak of the proceedings or trials; that is to say, whether the same offences were not fit to be made treason or felony in both places?
The third question is, whether cases penal, though not capital, yet if they concern the public state, or otherwise the discipline of manners, were not fit likewise to be brought into one degree, as the case of misprision of treason, the case of pnemunire, the case of fugitives, the case of incest, the case of simony, and the rest.
But the question that is more urgent than any of these is, whether these cases at the least, be they of a higher or inferior degree, wherein the fact committed, or act done in Scotland, may prejudice the state and subjects of England, or e converso, are not to be reduced into one uniformity of law and punishment? As for example, a perjury committed in a court of justice in Scotland, ennnot be prejudicial in England, because depositions taken in Scotland cannot be produced and used here in England. But a forgery of a deed in Scotland, I mean with a false date of England, may be used and given in evidence in England. So likewise the depopulating of a town in Scotland doth not directly prejudice the state of England: but if an English merchant shall carry silver and gold into Scotland, as he may, and thence transport it into foreign parts, this prejudiceth the state of England, and may be an evasion to all the laws of England ordained in that case; and therefore had need to be bridled with as severe a law in Scotland as it is here in England.
Of this kind there are many laws.
The law of the 5th of Richard II. of going over without licence, if there be not the like law of Scotland, will be frustrated and evaded: for any subject of England may go first into Scotland, and thence into foreign parts.
So the laws prohibiting transportation of sundry commodities, as gold, and silver, ordnance, artillery, corn, &c. if there be not a correspondence of laws in Scotland, will in like manner be deluded and frustrate; for any English merchant or subject may carry such commodities first into Scotland, as well as he may carry them from port to port in England; and out of Scotland into foreign parts, without any peril of law.
So libels may be devised and written in Scotland, and published and scattered in England.
Treasons may be plotted in Scotland, and executed in England.
And so in many other cases, if there be not the like severity of law in Scotland to restrain offences that there is in England, whereof we are here ignorant whether there be or no, it will be a gap or stop even for English subjects to escape and avoid the laws of England.
But for treasons, the best is that by the statute of 26 K. Henry VIII. cap. 13, any treason committed in Scotland may be proceeded with in Kngliind, as well as treasons committed in France, Rome, or elsewhere.
For courts of justice, trials, processes, and other administration of laws, to jUStiCe and make anv alteration in either nation, aiministrait will be a thing so new and unwonted to either people, that it may be doubted it will make the administration of justice, which of all other things ought to be known and certain as a beaten way, to become intricate and uncertain. And besides, I do not see that the severalty of administration of justice, though it be by court sovereign of last resort, I mean without appeal or error, is any impediment at all to the union of a kingdom: as we see by experience in the several courts of parliament in the kingdom of France. And I have been always of opinion, that the subjects of England do already fetch justice somewhat far off, more than in any nation that I know, the largeness of the kingdom considered, though it be holpen in some part by the circuits of the judges; and the two councils at York, and in the /narches of Wales established.
But it may he a good question, whether, as commune vinculum of the justice of both nations, your Majesty should not erect some court about your person, in the nature of the grand council of France: to which court you might by way of evocation, draw causes from the ordinary judges of both nations; for so doth the French king from all the courts of parliament in France: many of which are more remote from Paris than any part of Scotland is from London.
For receits and finances, I see no 7. neceit*, question will arise, in regard it will be finances,
, . , ,. , . „ and patn
matter of necessity to establish in Scot- monies orthe land a receit of treasure for payments crownand erogations to be made in those parts: and for the treasure of spare, in either receits, the custodies thereof may well be several; considering by your Majesty's commandment they may be at all times removed or disposed according to your Majesty's occasions.
For the patrimonies of both crowns, I see no question will arise, except your Majesty would be pleased to make one compounded annexation, for an inseparable patrimony to the crown out of the lands of both nations: and so the like for the principality of Britain, and for other appennages of the rest of your children: erecting likewise such duchies and honours, compounded of the possessions of both nations, as shall be thought fit.
For admiralty or navy, I see no great *■ Admiralty,
* nsivy, tint*
question will arise; for I see no incon- merchamlis
venience for your Majesty to continue "*
shipping in Scotland. And for the jurisdictions of the admiralties, and the profits and casualties of them, they will be respective unto the coasts, over-against which the seas lie and are Niluated ; as it is here with the admiralties of England.
And for merchandising, it may be a question whether that the companies, of the merchant adventurers, of the Turkey merchants, and the Muscovy merchants, if they shall be continued, should not be compounded of merchants of both nations, English and Scottish. For to leave trade free in the one nation, and to have it restrained in the other, may percase breed some inconvenience.
For freedoms and liberties, the charaiifulbertTes. ters °^ ^oth nations may be reviewed: and of such liberties as are agreeable and convenient for the subjects and people of both nations, one great charter may be made and confirmed to the subjects of Britain; and those liberties which are peculiar or proper to either nation, to stand in state as they do.
But for imposts and customs, it will antMmposts. ^e a 8reat question how to accommodate them and reconcile them: for if they be much easier in Scotland than they be here
in England, which is a thing I know not, then this inconvenience will follow; that the merchants of England may unlade in the ports of Scotland; and this kingdom to be served from thence, and your Majesty's customs abated.
And for the question, whether the Scottish merchants should pay strangers custom in England? that resteth upon the point of naturalization, which I touched before.
Thus have I made your Majesty a brief and naked memorial of the articles and points of this great cause, which may serve only to excite and stir up your Majesty's royal judgment, and the judgment of wiser men whom you will be pleased to call to it; wherein I will not presume to persuade or dissuade any thing; nor to interpose mine own opinion, but do expect light from your Majesty's royal directions; unto the which I shall ever submit my judgment, and apply my travails. And I most humbly pray your Majesty, in this which is done, to pardon my errors, and to cover them with my good intention and meaning, and desire I have to do your Majesty service, and to acquit the trust that was reposed in me, and chiefly in your Majesty's benign and gracious acceptation.
THE MOST HUMBLE
CERTIFICATE OR RETURN
THE COMMISSIONERS OF ENGLAND AND SCOTLAND,
AUTHORIZED TO TREAT OF AN UNION FOR THE WEAL OF BOTH REALMS:
We the commissioners for England and Scotland respectively named and appointed, in all humbleness do signify to his most excellent Majesty, and to the most honourable high courts of parliament of both realms, that we have assembled ourselves, consulted and treated according to the nature and limits of our commission; and forasmuch as we do find that hardly within the memory of all times, or within the compass of the universal world, there can be showed forth a fit example or precedent of the work we have in hand concurring in all points material, we thought ourselves so much the more bound to resort to the infallible and original grounds of nature and common reason, and freeing ourselves from the leading or misleading of examples, to insist and fix our considerations upon the individual business in hand, without wandering or discourses.
It seemed therefore unto us a matter demonstrative by the light of reason, that we were in the first
place to begin with the remotion and abolition of nil manner of hostile, envious, or malign laws on either side, being in themselves mere temporary, and now by time become directly contrary to our present most happy estate; which laws, as they are already dead in force and vigour, so we thought fit now to wish them buried in oblivion; that by the utter extinguishment of the memory of discords past, we may avoid all seeds of relapse into discords to come.
Secondly, as matter of nature not unlike the former, we entered into consideration of such limitary constitutions as served but for to obtain a form of justice between subjects under several monarchs, and did in the very grounds and motives of them presuppose incursions, and intermixture of hostility: all which occasions, as they are in themselves now vanished and done away, so we wish the abolition and cessation thereof to be declared.
Thirdly, for so much as the principal degree to union is communion and participation of mutual commodities and benefits, it appeared to us to follow next in order, that the commerce between both nations be set open and free, so as the commodities and provisions of either may pass and flow to and fro, without any stops or obstructions, into the veins of the whole body, for the better sustentation and comfort of all the parts: with caution nevertheless, that the vital nourishment be not so drawn into one part, as it may endanger a consumption and withering of the other.
Fourthly, after the communion and participation by commerce, which can extend but to the transmission of such commodities as are movable, personal, and transitory, there succeeded naturally that other degree, that there be made a mutual endowment and donation of either realm towards other of the abilities and capacities to take and enjoy things which are permanent, real, and fixed; as namely, freehold and inheritance, and the like: and that as well the internal and vital veins of blood be opened from interruption and obstruction in making pedigree, and claiming by descent, as the external and elemental veins of passage and commerce; with reservation nevertheless unto the due time of such abilities and capacities only, as no power on earth can confer without time and education.
And lastly, because the perfection of this blessed work consisteth in the union, not only of the solid parts of the estate, but also in the spirit and sinews of the same, which are the laws and government, which nevertheless are already perfectly united in the head, but require a farther time to be united in the bulk and frame of the whole body; in contemplation hereof we did conceive that the first step thereunto was to provide, that the justice of either realm should aid and assist, and not frustrate and interrupt the justice of the other, specially in sundry cases criminal: so that either realm may not be abused by malefactors as a sanctuary or place of refuge, to avoid the condign punishment of their crimes and offences.
AH which several points, as we account them, summed up and put together, but as a degree of middle term to the perfection of this blessed work; so yet we conceived them to make a just and fit period for our present consultation and proceeding.
And for so much asconcerneth the manner of our proceedings, we may truly make this attestation unto ourselves, that as the mark we shot at was union and unity, so it pleased God in the handling thereof to bless us with the spirit of unity, insomuch as from our first sitting unto the breaking up of our assembly, a thing most rare, the circumstance of the cause and persons considered, there did not happen or intervene, neither in our debates or arguments, any manner of altercation or strife of words; nor in our resolutions any variety or division of votes, but the whole passed with a unanimity and uniformity of consent: and yet so, as we suppose, there was never in any consultation greater plainness and liberty of speech, argument, and debate, replying, contradicting, recalling any thing spoken where cause was, expounding any matter ambiguous or mistaken; and all other points of free and friendly interlocution and conference, without cavillations, advantages, or overtakings: a matter that we cannot ascribe to the skill or temper of our own carriage, but to the guiding and conducting of God's holy providence and will, the true author of all unity and agreement. Neither did we, where the business required, rest so upon our own sense and opinions, but we did also aid and assist ourselves, as well with the reverend opinion of judges and persons of great science and authority in the laws, and also with the wisdom and experience of merchants, and men expert in commerce. In all which our proceedings, notwithstanding, we are so far from pretending or aiming at any prejudication, either of his royal Majesty's sovereign and high wisdom, which we do most dutifully acknowledge to be able to pierce and penetrate far beyond the reach of our capacities: or of the solid and profound judgment of the high courts of parliament of both realms, as we do in all humbleness submit our judgments and doings to his sacred Majesty, and to the parliaments, protesting our sincerity, and craving gracious and benign construction and acceptation of our travails.
We therefore with one mind and consent have agreed and concluded, that there be propounded and presented to his Majesty and the parliament of both realms, these articles and propositions following
SIR FRANCIS BACON, KNIGHT,
[N THE HONOURABLE HOUSE OF COMMONS, QUINTO JACOB!,
THE ARTICLE OF THE GENERAL NATURALIZATION OF THE SCOTTISH NATION.
It may please you, Mr. Speaker, preface I will use none, but put myself upon your good opinion, to which I have been accustomed beyond my deservings; neither will I hold you in suspense what way I will choose, but now at the first declare myself, that I mean to counsel the house to naturalize this nation: wherein, nevertheless, I have a request to make unto you, which is of more efficacy to the purpose I have in hand than all that I shall say afterwards. And it is the same request, which Demosthenes did more than once, in great causes of estate, make to the people of Athens, " ut cum calculis suffragiorum sumant magnanimitatem reipublicte," that when they took into their hands the balls, whereby to give their voices, according as the manner of them was, they would raise their thoughts, and lay aside those considerations which their private vocations and degrees might minister and represent unto them, and would take upon them cogitations and minds agreeable to the dignity and honour of the estate.
For, Mr. Speaker, as it was aptly and sharply said by Alexander to Parmenio, when upon their recital of the great offers which Darius made, Parmenio said unto him, " I would accept these offers, were I as Alexander:" he turned it upon him again, "So would I," saith he, "were I as Parmenio." So in this cause, if an honest English merchant, I do not single out that state in disgrace, for this island ever held it honourable, but only for an instance of a private profession, if an English merchant should say, "Surely I would proceed no farther in the union, were I as the king;" it might be reasonably answered, "No more would the king, were he as an English merchant." And the like may be said of a gentleman of the country, be he never so worthy or sufficient; or of a lawyer, be he never so wise or learned; or of any other particular condition of men in this kingdom: for certainly, Mr. Speaker, if a man shall be only or chiefly sensible of those respects which his particular vocation and degree shall suggest and infuse into him, and not enter into true and worthy considerations of estate, he shall never be able aright to give counsel, or take counsel
in this matter. So that if this request be granted, I account the cause obtained.
But to proceed to the matter itself: all consultations do rest upon questions comparative: for when a question is de vero, it is simple, for there is but one truth; but when a question is de bono, it is for the most part comparative; for there be differing degrees of good and evil, and the best of the good is to be preferred and chosen, and the worst of the evil is to be declined and avoided; and therefore in a question of this nature you may not look for answer proper to every inconvenience alleged; for somewhat that cannot be especially answered may, nevertheless, be encountered, and overweighed by matter of greater moment, and therefore the matter which I shall set forth unto you will naturally receive the distribution of three parts.
First, an answer to those inconve- The answer niences which have been alleged to to the inconensne, if we should give way to this JyectSf connaturalization; which I suppose, you cei-nimr natuwill not find to be so great as they have ra llatlon' been made; but that much dross is put into the balance to help to make weight.
Secondly, an encounter against the remainder of these inconveniences which cannot properly be answered, by much greater inconveniences, which we shall incur if we do not proceed to this naturalization.
Thirdly, an encounter likewise, but of another nature, that is, by the gain and benefit which we shall draw and purchase to ourselves by proceeding to this naturalization. And yet, to avoid confusion, which evermore followeth upon too much generality, it is necessary for me, before I proceed to persuasion, to use some distribution of the points or parts of naturalization, which certainly can be no better, or none other, than the ancient distinction of "jus civitatis, jussuffragii vel tribus," and "jus petitionis sive honorum:" for all ability and capacity is either of private interest of meum et tuum, or of public service: and the public consisteth chiefly either in voice or in action, or office. Now it is the first of these, Mr. Speaker, that I will only handle at this time and in this place, and refer the other two for a