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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, For manners: a consent in them is to be sought and not by conquest; and so descended in heredi- industriously, but not to be enforced : for nothing tary union by the space of more than a hundred amongst people breedeth so much pertinacy in holdyears; yet because it was continued in a divided ing their customs, as sudden and violent offer to government, and not well incorporated and cemented remove them. with the other crowns, entered into a rebellion upon And as for employments, it is no more, but an point of their fueros, or liberties, now of very late indifferent hand, and execution of that verse: years.
Tros, Tyriusque mihi nullo discrimine agetur. Now to speak briefly of the several parts of that form, whereby states and kingdoms are perfectly There remaineth only to remember out of the united, they are, besides the sovereignty itself, four grounds of nature the two conditions of perfect mixin number; union in name, union in language, union ture ; whereof the former is time: for the natural in laws, union in employments.
philosophers say well, that compositio is opus For name, though it seem but a superficial and hominis, and mistio opus naturæ. For it is the duty outward matter, yet it carrieth much impression and of man to make a fit application of bodies together: enchantment: the general and common name of but the perfect fermentation and incorporation of Græcia made the Greeks always apt to unite, though them must be left to time and nature ; and unnatuotherwise full of divisions amongst themselves, ral hasting thereof doth disturb the work, and not against other nations whom they called barbarous. | despatch it. The Helvetian name is no small band to knit toge So we see, after the graft is put into the stock ther their leagues and confederacies the faster. The and bound, it must be left to time and nature to common name of Spain, no doubt, hath been a spe- make that continuum, which at the first was but cial means of the better union and conglutination of contiguum. And it is not any continual pressing or the several kingdoms of Castile, Arragon, Granada, thrusting together that will prevent nature's season, Navarre, Valentia, Catalonia, and the rest, compre- but rather hinder it. And so in liquors, those comhending also now lately Portugal.
mixtures which are at the first troubled, grow after For language, it is not needful to insist upon it ; clear and settled by the benefit of rest and time. because both your Majesty's kingdoms are of one The second condition is, that the greater draw the language, though of several dialects; and the differ-less. So we see when two lights do meet, the ence is so small between them, as promiseth rather greater doth darken and dim the less. And when an enriching of one language than a continuance of a smaller river runneth into a greater, it loseth both two.
its name and stream. And hereof, to conclude, we For laws, which are the principal sinews of go see an excellent example in the kingdoms of Judah vernment, they be of three natures; jura, which I and Israel. The kingdom of Judah contained two will term freedoms or abilities, leges, and mores. tribes; the kingdom of Israel contained ten. King
For abilities and freedoms, they were amongst the David reigned over Judah for certain years; and, Romans of four kinds, or rather degrees. Jus con after the death of Ishbosheth, the son of Saul, obnubii, jus civitatis, jus suffragii, and jus petitionis tained likewise the kingdom of Israel. This union or honorum. Jus connubii is a thing in these times continued in him, and likewise in his son Solomon out of use; for marriage is open between all diver- by the space of seventy years, at least, between sities of nations. Jus civitatis answereth to that them both : but yet, because the seat of the kingwe call denization or naturalization. Jus suffragii dom was kept still in Judah, and so the less sought answereth to the voice in parliament. Jus petitionis to draw the greater: upon the first occasion offered, answereth to place in council or office. And the the kingdoms brake again, and so continued ever Romans did many times sever these freedoms; grant- after. ing Jus connubii, sine civitate, and civitatem, sine Thus having in all humbleness made oblation to suffragio, and suffragium, sine jure petitionis, which your Majesty of these simple fruits of my devotion was commonly with them the last.
and studies, I do wish, and do wish it not in the For those we call leges, it is a matter of curiosity nature of an impossibility, to my apprehension, that and inconveniency, to seek either to extirpate all this happy union of your Majesty's two kingdoms particular customs, or to draw all subjects to one of England and Scotland, may be in as good an hour, place or resort of judicature and session. It and under the like Divine providence, as that was sufficeth there be a uniformity in the principal and between the Romans and the Sabines. fundamental laws, both ecclesiastical and civil: for
CERTAIN ARTICLES OR CONSIDERATIONS
UNION OF THE KINGDOMS OF ENGLAND AND SCOTLAND:
COLLECTED AND DISPERSED FOR HIS MAJESTY'S BETTER SERVICE.
Your Majesty, being, I doubt not, directed and teries of our laws, merely new unto you, and quite conducted by a better oracle than that which was out of the path of your education, reading, and congiven for light to Æneas in his peregrination, ference: wherein, nevertheless, upon a spark of
Antiquam exquirite matrem," hath a royal, and light given, your Majesty took in so dexterously and indeed an heroical desire to reduce these two king- profoundly, as if you had been indeed anima legis, doms of England and Scotland into the unity of their not only in execution, but in understanding : the ancient mother kingdom of Britain. Wherein as I remembrance whereof, as it will never be out of my would gladly applaud unto your Majesty, or sing mind, so it will always be a warning to me to seek aloud that hymn or anthem, “Sic itur ad astra ;" rather to excite your judgment briefly, than to inform so in a more soft and submissive voice, I must ne- it tediously; and if in a matter of that nature, how cessarily remember unto your Majesty that warning much more in this, wherein your princely cogitaor caveat, “ Ardua quæ pulchra :" it is an action tions have wrought themselves, and been conversant, that requireth, yea, and needeth much, not only of and wherein the principal light proceeded from your Majesty's wisdom, but of your felicity. In this yourself. 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 hela 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 rather to speak as a remembrancer than as a counconformity to mine own travels and beginnings, not sellor, I have thought good to lay before you all the to neglect any pains that may tend to the farther-branches, lineaments, and degrees of this union, that ance of so excellent a work ; wherein I will endea- upon the view and consideration of them and their vour that that which I shall set down be nihil minus circumstances, your Majesty may the more clearly quam verba : for length and ornament of speech discern, and more readily call to mind which of them are to be used for persuasion of multitudes, and not is to be embraced, and which to be rejected : and for information of kings; especially such a king as of these, which are to be accepted, which of them is the only instance that ever I knew to make a man is presently to be proceeded in, and which to be put of Plato's opinion, " that all knowledge is but re over to farther time. And again, which of them membrance, and that the mind of man knoweth all shall require authority of parliament, and which are things, and demandeth only to have her own notions fitter to be effected by your Majesty's royal power excited and awaked :" which your Majesty's rare and prerogative, or by other policies or means; and and indeed singular gift and faculty of swift appre- lastly, which of them is liker to pass with difficulty hension, and infinite expansion or multiplication of and contradiction, and which with more facility and another man's knowledge by your own, as I have smoothness. often observed, so I did extremely admire in Good First, therefore, to begin with that question, that, win's cause, being a matter full of secrets and mys- I suppose, will be out of question.
Statutes concerning Scotland and the Scottish nation.
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 The third question is that which many kingdoms stood severed, be repealed ? will make a great question of, though besides the re
Farther union It is true, there is a diversity in these; for some perhaps your Majesty will make no ques- moving of inof these laws consider Scotland as an enemy's tion of it; and that is, whether your and dissentcountry ; other laws consider it as a foreign country Majesty should not make a stop or
ing laws and
usages. only: as for example; the law of Rich. II. anno 7. stand here, and not to proceed to any which prohibiteth all armour or victual to be carried farther union, contenting yourself with the two forto Scotland; and the law of 7 of K. Henry VII. mer articles or points. that enacteth all the Scottish men to depart the For it will be said, that we are now well, thanks realm within a time prefixed. Both these laws, be to God and your Majesty, and the state of neiand some others, respect Scotland as a country of ther kingdom is to be repented of; and that it is hostility : but the law of 22 of Edward IV. that en true which Hippocrates saith, that “ Sana corpora dueth Berwick with the liberty of a staple, where difficile medicationes ferunt,” it is better to make all Scottish merchandises should resort that should alterations in sick bodies than in sound. The conbe uttered for England, and likewise all English sideration of which point will rest upon these two merchandises that should be uttered for Scotland ; branches; what inconveniences will ensue with this law beholdeth Scotland only as a foreign nation; time, if the realms stand as they are divided, which and not so much neither; for there have been are yet not found nor sprung up. For it may be the erected staples in towns of England for some com sweetness of your Majesty's first entrance, and the modities, with an exclusion and restriction of other great benefit that both nations have felt thereby, parts of England.
hath covered many inconveniences: which, neverBut this is a matter of the least difficulty; your theless, be your Majesty's government never so graMajesty shall have a calendar made of the laws, cious and politic, continuance of time and the acci. and a brief of the effect; and so you may judge of dents of time may breed and discover, if the kingthem : and the like or reciproque is to be done by doms stand divided. Scotland for such laws as they have concerning The second branch is; allow no manifest or imporEngland and the English nation.
tant peril or inconvenience should ensue of the conLaws, cus
The second question is, what laws, tinuing of the kingdoms divided, yet on the other toms, commis- customs, commissions, officers, garri- side, whether that upon the farther uniting of them, of the borders sons, and the like, are to be put down, there be not like to follow that addition and increase or marches.
discontinued, or taken away upon the of wealth and reputation, as is worthy your Majesty's borders of both realms ?
virtues and fortune, to be the author and founder of, To this point, because I am not acquainted with for the advancement and exaltation of your Majesty's the orders of the marches, I can say the less. royal posterity in time to come ?
Herein falleth that question, whether that the te But admitting that your Majesty nants, who hold their tenants' rights in a greater should proceed to this more perfect in the nations
Points wherefreedom and exemption, in consideration of their and entire union, wherein your Majesty stand already
. service upon the borders, and that the countries may say, Majus opus moveo ;' to themselves, which are in the same respect discharged enter into the parts and degrees thereof, I think fit of subsidies and taxes, should not now be brought to first to set down, as in a brief table, in what points be in one degree with other tenants and countries; the nations stand now at this present time already
nam cessante causa, tollitur effectus ?” Wherein, united, and in what points yet still severed and in my opinion, some time would be given ; “ quia divided, that your Majesty may the better see what adhuc eorum messis in herba est :" but some pre- is done, and what is to be done; and how that sent ordinance would be made to take effect at a which is to be done is to be inferred upon that future time, considering it is one of the greatest which is done. points and marks of the division of the kingdoms. The points wherein the nations stand already And because reason doth dictate, that where the united are: principal solution of continuity was, there the heal In sovereignty. ing and consolidating plaster should be chiefly ap In the relative thereof, which is subjection, plied; there would be some farther device for the In religion. utter and perpetual confounding of those imaginary In continent. bounds, as your Majesty termeth them : and there In language. fore it would be considered, whether it were not And now lastly, by the peace by your Majesty convenient to plant and erect at Carlisle or Berwick concluded with Spain, in leagues and confederacies; sume council or court of justice, the jurisdiction for now both nations have the same friends and the whereof might extend part into England and part same enemies. into Scotland, with a commission not to proceed Yet notwithstanding there is none of the six precisely, or merely according to the laws and points, wherein the union is perfect and consumcustoms either of England or Scotland, but mixtly, mate ; but every of them hath some scruple or according to instructions by your Majesty to be set rather grain of separation inwrapped and included down, after the imitation and precedent of the coun in them.
Sovereignty, For the sovereignty, the union is For leagues and confederacies, it is
Leagues, conline royal.
absolute in your Majesty and your true, that neither nation is now in hos- federacies, generation : but if it should so be, which God of his tility with any state, wherewith the other infinite mercy defend, that your issue should fail, nation is in amity: but yet so, as the leagues then the descent of both realms doth resort to the and treaties have been concluded with either nation several lines of the several bloods royal.
respectively, and not with both jointly; which may For subjection, I take the law of contain some diversity of articles of straitness of Subjection, obedience.
England to be clear, what the law of amity with one more than the other.
Scotland is I know not, that all Scots But many of these matters may perhaps be of men from the very instant of your Majesty's reign that kind, as may fall within that rule, “ In veste
begun are become denizens, and the varietas sit, scissura non sit.” Alien, naturalization.
post-nati are naturalized subjects of Nor to descend to the particular points wherein
England for the time forwards : for by the realms stand severed and divided, over and beour laws none can be an alien but he that is of an- sides the former six points of separation, which I other allegiance than our sovereign lord the king's: have noted and placed as defects or abatements of for there be but two sorts of aliens, whereof we find the six points of the union, and therefore shall not mention in our law, an alien ami, and an alien ene need to be repeated : the points, I say, yet remainmy; whereof the former is a subject of a state in ing, I will divide into external and internal. amity with the king, and the latter a subject of a The external points therefore of the
External state in hostility : but whether he be one or other, separation are four.
points of the it is an essential difference unto the definition of an 1. The several crowns, I mean the separation alien, if he be not of the king's allegiance ; as we ceremonial and material crowns. see it evidently in the precedent of Ireland, who, 2. The second is the several names, styles, or since they were subjects to the crown of England, appellations. have ever been inheritable and capable as natural 3. The third is the several prints of the seals. subjects; and yet not by any statute or act of par 4. The fourth is the several stamps or marks of liament, but merely by the common law, and the the coins or moneys. reason thereof. So as there is no doubt, that every It is true, that the external are in some respect subject of Scotland was, and is in like plight and and parts much mingled and interlaced with condegree, since your Majesty's coming in, as if your siderations internal; and that they may be as effecMajesty had granted particularly your letters of tual to the true union, which must be the work of denization or naturalization to every of them, and time, as the internal, because they are operative the post-nati wholly natural. But then on the other upon the conceits and opinions of the people; the side, for the time backwards, and for those that uniting of whose hearts and affections is the life and were ante-nati, the blood is not by law naturalized, true end of this work. so as they cannot take it by descent from their
For the ceremonial crowns, the ques. The ceremoancestors without act of parliament: and therefore in tion will be, whether there shall be nial and mathis point there is a defect in the union of subjection. framed one new imperial crown of Religion,
For matter of religion, the union is Britain to be used for the times to come ? Also, church go perfect in points of doctrine ; but in admitting that to be thought convenient, whether in vemment.
matter of discipline and government it the frame thereof there shall not be some reference is imperfect
to the crowns of Ireland and France ? For the continent, it is true there are Also, whether your Majesty should repeat or iteContinent, borders.
no natural boundaries of mountains or rate your own coronation and your queen's, or only
seas, or navigable rivers; but yet there ordain that such new crown shall be used by your are badges and memorials of borders; of which posterity hereafter ? point I have spoken before.
The difficulties will be in the conceit of some inFor the language, it is true the equality, whereby the realm of Scotland may be Language, dialect.
nations are unius labii, and have not thought to be made an accession unto the realm of
the first curse of disunion, which was England. But that resteth in some circumstances; confusion of tongues, whereby one understood not for the compounding of the two crowns is equal ; another. But yet the dialect is differing, and it the calling of the new crown the crown of Britain remaineth a kind of mark of distinction. But is equal. Only the place of coronation, if it shall for that, tempori permittendum, it is to be left to be at Westminster, which is the ancient, august, time. For considering that both languages do and sacred place for the kings of England, may seem concur in the principal office and duty of a lan to make an inequality. And again, if the crown of guage, which is to make a man's self understood : Scotland be discontinued, then that ceremony, which for the rest, it is rather to be accounted, as was I hear is used in the parliament of Scotland in the said, a diversity of dialect than of language: and, absence of the kings, to have the crowns carried in as I said in my first writing, it is like to bring solemnity, must likewise cease. forth the enriching of one language, by compound For the name, the main question is, The styles ing and taking in the proper and significant words whether the contracted name of Britain and naines. of either tongue, rather than a continuance of two shall be by your Majesty used, or the divided languages.
names of England and Scotland ?
Admitting there shall be an alteration, then the great seal here, kept about your person; it is an case will require these inferior questions :
alteration internal, whereof I do not now speak. First, whether the name of Britain shall only be But the question in this place is, whether the used in your Majesty's style, where the entire style great seals of England and Scotland should not be is recited ; and in all other forms the divided names changed into one and the same form of image and to remain both of the realms and of the people? or superscription of Britain, which, nevertheless, is reotherwise that the very divided names of realms and quisite should be with some one plain or manifest people shall likewise be changed or turned into spe. alteration, lest there be a buzz, and suspect that cial or subdivided names of the general name ? that grants of things in England may be passed by the is to say, for example, whether your Majesty in your seal of Scotland, or e converso ? style shall denominate yourself king of Britain, Also whether this alteration of form may not be France, and Ireland, &c. and yet nevertheless, in any done without act of parliament, as the great seals commission, writ, or otherwise, where your Majesty have used to be heretofore changed as to their mentions England or Scotland, you shall retain the impressions ? ancient names, as "secundum consuetudinem regni For the moneys, as to the real and internal connostri Angliæ ;” or whether those divided names sideration thereof, the question will be, whether shall be for ever lost and taken away, and turned your Majesty shall not continue two mints? which, into the subdivisions of South-Britain and North- the distance of territory considered, I suppose will Britain, and the people to be South-Britons and be of necessity. North-Britons ? And so in the example aforesaid, Secondly, how the standard, if it be
The standards the tenour of the like clause to run secundum con not already done, as I hear some doubt and stamps, suetudinem Britanniæ australis.”
made of it in popular rumour, may be moneys. Also, if the former of these shall be thought con reduced into an exact proportion for the time to venient, whether it were not better for your Majesty come ; and likewise the computation, tale, or valua. to take that alteration of style upon you by procla- tion to be made exact for the moneys already beaten ? mation, as Edward the third did the style of France, That done, the last question is, which is only than to have it enacted by parliament ?
proper to this place, whether the stamp or the image Also, in the alteration of the style, whether it were and superscription of Britain for the time forwards not better to transpose the kingdom of Ireland, and should not be made the self-same in both places, put it immediately after Britain, and so place the without any difference at all? A matter also which islands together; and the kingdom of France, being may be done, as our law is, by your Majesty's preupon the continent, last; in regard that these islands rogative, without act of parliament. of the western ocean seem by nature and providence These points are points of demonstration, ad an entire empire in themselves ; and also, that there faciendum populum, but so much the more they go was never king of England so entirely possest of to the root of your Majesty's intention, which is to Ireland, as your Majesty is : so as your style to run, imprint and inculcate into the hearts and heads of king of Britain, Ireland, and the islands adjacent, the people, that they are one people and one nation. and of France, &c.
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 hood, with a reference to the union, and an oath heads.
appropriate thereunto, which is a point likewise de. The one, point of honour and love to the former serves a consideration. So much for the external
points. The other, doubt, lest the alteration of the name The internal points of separation are Internal points
of union. may induce and involve an alteration of the laws and as followeth. policies of the kingdom; both which, if your Ma 1. Several parliaments. jesty shall assume the style by proclamation, and 2. Several councils of state. not by parliament, are in themselves satisfied : for 3. ral officers of the crown. then the usual names must needs remain in writs 4. Several nobilities. and records, the forms whereof cannot be altered 5. Several laws. but by act of parliament, and so the point of honour 6. Several courts of justice, trials, and processes. satisfied. And again, your proclamation altereth 7. Several receipts and finances. no law, and so the scruple of a tacit or implied alter 8. Several admiralties and merchandisings. ation of laws likewise satisfied. But then it may 9. Several freedoms and liberties. be considered, whether it were not a form of the 10. Several taxes and imposts. greatest honour, if the parliament, though they did As touching the several states ecclesiastical, and not enact it, yet should become suitors and petition the several mints and standards, and the several ers to your Majesty to assume it?
articles and treaties of intercourse with foreign naFor the seals, that there should be tions, I touched them before.
but one great seal of Britain, and one In these points of the strait and more inward chancellor, and that there should only be a seal in union, there will intervene one principal difficulty Scotland for processes and ordinary justice; and that and impediment, growing from that root, which all patents of grants of lands or otherwise, as well Aristotle in his Politics maketh to be the root of all in Scotland as in England, should pass under the division and dissension in commonwealths, and that