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is equality and inequality. For the realm of Scot crown of Scotland to be for dignity sake, howsoever land is now an ancient and noble realm, substantive there abiding and remaining may be as your Majesty of itself. But when this island shall be made Britain, shall employ their service ? But this point belongeth then Scotland is no more to be considered as Scot merely and wholly to your Majesty's royal will and land, but as a part of Britain; no more than Eng- pleasure. land is to be considered as England, but as a part
For the officers of the crown, the 3. Officers of likewise of Britain; and consequently neither of consideration thereof will fall into these these are to be considered as things entire of them- questions. selves, but in the proportion that they bear to the First, in regard of the latitude of your kingdom whole. And therefore let us imagine, “ Nam id and the distance of place, whether it will not be mente possumus, quod actu non possumus,” that matter of necessity to continue the several officers, Britain had never been divided, but had ever been because of the impossibility for the service to be one kingdom ; then that part of soil or territory, performed by one ? which is comprehended under the name of Scotland, The second, admitting the duplicity of officers is in quantity, as I have heard it esteemed, how should be continued, yet whether there should not truly I know not, not past a third part of Britain; be a difference, that one should be the principal and that part of soil or territory, which is compre- officer, and the other to be but special and subaltern ? hended under the name of England, is two parts of As for example, one to be chancellor of Britain, and Britain, leaving to speak of any difference of wealth the other to be chancellor with some special addior population, and speaking only of quantity. So tion, as here of the duchy, &c. then if, for example, Scotland should bring to par The third, if no such speciality or inferiority be liament as much nobility as England, then a third thought fit, then whether both officers should not part should countervail two parts ; “nam si inæqua- have the title and the name of the whole island and libus æqualia addas, omnia erunt inæqualia.” And precincts ? as the lord chancellor of England to be this, I protest before God and your Majesty, I do lord chancellor of Britain, and the lord chancellor speak not as a man born in England, but as a man of Scotland to be lord chancellor of Britain, but with born in Britain. And therefore to descend to the several provisos that they shall not intromit themparticulars :
selves but within their several precincts. For the parliaments, the consider For the nobilities, the consideration 1. Parliament.
4. Nobilities. ation of that point will fall into four thereof will fall into these questions. questions.
The first, of their votes in parliament, which was 1. The first, what proportion shall be kept be- touched before, what proportion they shall bear to tween the votes of England and the votes of Scotland ? the nobility of England ? wherein if the proportion
2. The second, touching the manner of proposi- which shall be thought fit be not full, yet your tion, or possessing of the parliament of causes there Majesty may, out of your prerogative, supply it; for to be handled : which in England is used to be done although you cannot make fewer of Scotland, yet immediately by any member of the parliament, or you may make more of England. by the prolocutor; and in Scotland is used to be The second is touching the place and precedence done immediately by the lords of the articles; wherein to marshal them according to the precewhereof the one form seemeth to have more liberty, dence of England in your Majesty's style, and accordand the other more gravity and maturity; and there ing to the nobility of Ireland ; that is, all English fore the question will be, whether of these shall earls first, and then Scottish, will be thought un. yield to other, or whether there should not be a equal for Scotland. To marshal them according to mixture of both, by some commissions precedent to antiquity, will be thought unequal for England. every parliament, in the nature of lords of the arti- Because I hear their nobility is generally more cles, and yet not excluding the liberty of propound-ancient : and therefore the question will be, whether ing in full parliament afterwards ?
the indifferentest way were not to take them inter3. The third, touching the orders of parliament, changeably; as for example, first, the ancient earl how they may be compounded, and the best of either of England, and then the ancient earl of Scotland, taken ?
and so alternis vicibus? 4. The fourth, how those, which by inheritance For the laws, to make an entire and or otherwise have offices of honour and ceremony in perfect union, it is a matter of great difboth the parliaments, as the lord steward with us, ficulty and length, both in the collecting of them, &c. may be satisfied, and duplicity accommodated ? and in the passing of them.
For the councils of estate, while the For first, as to the collecting of them, there must 2. Councils of
kingdoms stand divided, it should seem be made by the lawyers of either nation a digest
necessary to continue several councils; under titles of their several laws and customs, as but if your Majesty should proceed to a strict union, well common laws as statutes, that they may be colthen howsoever your Majesty may establish some lated and compared, and that the diversities may provincial councils in Scotland, as there is here of appear and be discerned of. And for the passing of York, and in the marches of Wales, yet the question them, we see by experience that patrius mos is dear will be, whether it will not be more convenient for to all men, and that men are bred and nourished up your Majesty, to have but one privy council about in the love of it; and therefore how harsh changes your person, whereof the principal officers of the and innovations are. And we see likewise what
6. Courts of
disputation and argument the alteration of some one And so in many other cases, if there be not the law doth cause and bring forth, how much more the like severity of law in Scotland to restrain offences alteration of the whole corps of the law ? Therefore that there is in England, whereof we are here ignothe first question will be, whether it be not good to rant whether there be or no, it will be a gap or stop proceed by parts, and to take that that is most even for English subjects to escape and avoid the necessary, and leave the rest to time? The parts laws of England. therefore or subject of laws, are for this purpose But for treasons, the best is that by the statute of fitliest distributed according to that ordinary division 26 K. Henry VIII. cap. 13, any treason committed of criminal and civil, and those of criminal causes in Scotland may be proceeded with in England, as into capital and penal.
well as treasons committed in France, Rome, or The second question therefore is, allowing the elsewhere. general union of laws to be too great a work to For courts of justice, trials, processes, embrace; whether it were not convenient that cases and other administration of laws, to justice and capital were the same in both nations ; I say the make any alteration in either nation, administra
tion of laws. cases, I do not speak of the proceedings or trials; | it will be a thing so new and unwonted that is to say, whether the same offences were not to either people, that it may be doubted it will make fit to be made treason or felony in both places ? the administration of justice, which of all other
The third question is, whether cases penal, though things ought to be known and certain as a beaten not capital, yet if they concern the public state, or way, to become intricate and uncertain. And be. otherwise the discipline of manners, were not fit sides, I do not see that the severalty of administra. likewise to be brought into one degree, as the case tion of justice, though it be by court sovereign of of misprision of treason, the case of præmunire, the last resort, I mean without appeal or error, is any case of fugitives, the case of incest, the case of impediment at all to the union of a kingdom : as simony, and the rest.
we see by experience in the several courts of parBut the question that is more urgent than any of liament in the kingdom of France. And I have these is, whether these cases at the least, be they been always of opinion, that the subjects of England of a higher or inferior degree, wherein the fact do already fetch justice somewhat far off, more than committed, or act done in Scotland, may prejudice in any nation that I know, the largeness of the the state and subjects of England, or e converso, are kingdom considered, though it be holpen in some not to be reduced into one uniformity of law and part by the circuits of the judges; and the two punishment ? As for example, a perjury committed councils at York, and in the marches of Wales in a court of justice in Scotland, cannot be prejudi. established. cial in England, because depositions taken in Scot But it may be a good question, whether, as comland cannot be produced and used here in England. mune vinculum of the justice of both nations, your But a forgery of a deed in Scotland, I mean with a Majesty should not erect some court about your false date of England, may be used and given in person, in the nature of the grand council of France: evidence in England. So likewise the depopulat- to which court you might by way of evocation, ing of a town in Scotland doth not directly prejudice draw causes from the ordinary judges of both nathe state of England: but if an English merchant tions; for so doth the French king from all the shall carry silver and gold into Scotland, as he may, courts of parliament in France : many of which are and thence transport it into foreign parts, this pre more remote from Paris than any part of Scotland judiceth the state of England, and may be an eva is from London. sion to all the laws of England ordained in that case ;
For receits and finances, I see no 7. Receits, and therefore had need to be bridled with as severe question will arise, in regard it will be finances, a law in Scotland as it is here in England.
matter of necessity to establish in Scot- monies of the Of this kind there are many laws.
land a receit of treasure for payments The law of the 5th of Richard II. of going over and erogations to be made in those parts: and for without licence, if there be not the like law of Scot- the treasure of spare, in either receits, the custoland, will be frustrated and evaded: for any subject dies thereof may well be several; considering by of England may go first into Scotland, and thence your Majesty's commandment they may be at all into foreign parts.
times removed or disposed according to your MaSo the laws prohibiting transportation of sundry jesty's occasions. commodities, as gold, and silver, ordnance, artillery, For the patrimonies of both crowns, I see no corn, &c. if there be not a correspondence of laws question will arise, except your Majesty would be in Scotland, will in like manner be deluded and pleased to make one compounded annexation, for frustrate; for any English merchant or subject may an inseparable patrimony to the crown out of the carry such commodities first into Scotland, as well | lands of both nations : and so the like for the princias he may carry them from port to port in England; pality of Britain, and for other appennages of the and out of Scotland into foreign parts, without any rest of your children: erecting likewise such duchies peril of law.
and honours, compounded of the possessions of both So libels may be devised and written in Scotland, nations, as shall be thought fit. and published and scattered in England.
For admiralty or navy, I see no great 8. Admiralty, Treasons may be plotted in Scotland, and executed question will arise ; for I see no incon- merchandisin England.
venience for your Majesty to continue ing.
shipping in Scotland. And for the jurisdictions in England, which is a thing I know not, then this of the admiralties, and the profits and casualties of inconvenience will follow; that the merchants of them, they will be respective unto the coasts, England may unlade in the ports of Scotland; and over-against which the seas lie and are situated ; as this kingdom to be served from thence, and your it is here with the admiralties of England. Majesty's customs abated.
And for merchandising, it may be a question And for the question, whether the Scottish merwhether that the companies, of the merchant ad chants should pay strangers custom in England ? venturers, of the Turkey merchants, and the Mus- that resteth upon the point of naturalization, which covy merchants, if they shall be continued, should I touched before. not be compounded of merchants of both nations, Thus have I made your Majesty a brief and naked English and Scottish. For to leave trade free in memorial of the articles and points of this great the one nation, and to have it restrained in the cause, which may serve only to excite and stir up other, may percase breed some inconvenience. your Majesty's royal judgment, and the judgment
For freedoms and liberties, the char- of wiser men whom you will be pleased to call to it; 9. Freedoms and liberties.
ters of both nations may be reviewed: wherein I will not presume to persuade or dissuade
and of such liberties as are agreeable any thing; nor to interpose mine own opinion, but and convenient for the subjects and people of both do expect light from your Majesty's royal directions; nations, one great charter may be made and con unto the which I shall ever submit my judgment, firmed to the subjects of Britain ; and those liber. and apply my travails. And I most humbly pray ties which are peculiar or proper to either nation, your Majesty, in this which is done, to pardon my to stand in state as they do.
errors, and to cover them with my good intention But for imposts and customs, it will and meaning, and desire I have to do your Majesty and imposts.
be a great question how to accommo- service, and to acquit the trust that was reposed
date them and reconcile them: for if in me, and chiefly in your Majesty's benign and they be much easier in Scotland than they be here 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:
2 JAC. I.
(PREPARED BUT ALTERED. ]
We the commissioners for England and Scotland place to begin with the remotion and abolition of all respectively named and appointed, in all humbleness manner of hostile, envious, or malign laws on either do signify to his most excellent Majesty, and to the side, being in themselves mere temporary, and now most honourable high courts of parliament of both by time become directly contrary to our present most realms, that we have assembled ourselves, consulted | happy estate ; which laws, as they are already dead and treated according to the nature and limits of our in force and vigour, so we thought fit now to wish commission; and forasmuch as we do find that hardly them buried in oblivion ; that by the utter extinwithin the memory of all times, or within the com- guishment of the memory of discords past, we may pass of the universal world, there can be showed avoid all seeds of relapse into discords to come. forth a fit example or precedent of the work we Secondly, as matter of nature not unlike the forhave in hand concurring in all points material, we mer, we entered into consideration of such limitary thought ourselves so much the more bound to resort constitutions as served but for to obtain a form of to the infallible and original grounds of nature and justice between subjects under several monarchs, common reason, and freeing ourselves from the and did in the very grounds and motives of them leading or misleading of examples, to insist and fix presuppose incursions, and intermixture of hostility: our considerations upon the individual business in all which occasions, as they are in themselves now hand, without wandering or discourses.
vanished and done away, so we wish the abolition It seemed therefore unto us a matter demonstra- and cessation thereof to be declared. tive by the light of reason, that we were in the first Thirdly, for so much as the principal degree to
union is communion and participation of mutual And for so much as concerneth the manner of our commodities and benefits, it appeared to us to follow proceedings, we may truly make this attestation next in order, that the commerce between both na unto ourselves, that as the mark we shot at was tions be set open and free, so as the commodities union and unity, so it pleased God in the handling and provisions of either may pass and flow to and thereof to bless us with the spirit of unity, insomuch fro, without any stops or obstructions, into the veins as from our first sitting unto the breaking up of our of the whole body, for the better sustentation and assembly, a thing most rare, the circumstance of the comfort of all the parts : with caution nevertheless, cause and persons considered, there did not happen that the vital nourishment be not so drawn into one or intervene, neither in our debates or arguments, part, as it may endanger a consumption and wither- any manner of altercation or strife of words; nor in ing of the other.
our resolutions any variety or division of votes, but Fourthly, after the communion and participation by the whole passed with a unanimity and uniformity commerce, which can extend but to the transmission of consent: and yet so, as we suppose, there was of such commodities as are movable, personal, and never in any consultation greater plainness and transitory, there succeeded naturally that other de- liberty of speech, argument, and debate, replying, gree, that there be made a mutual endowment and contradicting, recalling any thing spoken where donation of either realm towards other of the abilities
cause was, expounding any matter ambiguous or and capacities to take and enjoy things which are mistaken; and all other points of free and friendly permanent, real, and fixed; as namely, freehold interlocution and conference, without cavillations, and inheritance, and the like : and that as well the advantages, or overtakings: a matter that we cannot internal and vital veins of blood be opened from in- ascribe to the skill or temper of our own carriage, terruption and obstruction in making pedigree, and but to the guiding and conducting of God's holy proclaiming by descent, as the external and elemental vidence and will, the true author of all unity and veins of passage and commerce ; with reservation agreement. Neither did we, where the business nevertheless unto the due time of such abilities and required, rest so upon our own sense and opinions, capacities only, as no power on earth can confer but we did also aid and assist ourselves, as well with without time and education.
the reverend opinion of judges and persons of great And lastly, because the perfection of this blessed science and authority in the laws, and also with the work consisteth in the union, not only of the solid wisdom and experience of merchants, and men exparts of the estate, but also in the spirit and sinews pert in commerce. In all which our proceedings, of the same, which are the laws and government, notwithstanding, we are so far from pretending or which nevertheless are already perfectly united in the aiming at any prejudication, either of his royal head, but require a farther time to be united in the Majesty's sovereign and high wisdom, which we do bulk and frame of the whole body; in contemplation most dutifully acknowledge to be able to pierce and hercof we did conceive that the first step thereunto penetrate far beyond the reach of our capacities: or was to provide, that the justice of either realm should of the solid and profound judgment of the high aid and assist, and not frustrate and interrupt the courts of parliament of both realms, as we do in all justice of the other, specially in sundry cases cri- humbleness submit our judgments and doings to his minal: so that either realm may not be abused by sacred Majesty, and to the parliaments, protesting malefactors as a sanctuary or place of refuge, to our sincerity, and craving gracious and benign conavoid the condign punishment of their crimes and struction and acceptation of our travails. offences.
We therefore with one mind and consent have All which several points, as we account them, agreed and concluded, that there be propounded summed up and put together, but as a degree of and presented to his Majesty and the parliament middle term to the perfection of this blessed work ; of both realms, these articles and propositions folso yet we conceived them to make a just and fit lowing. period for our present consultation and proceeding.
THE ARTICLE OF THE GENERAL NATURALIZATION OF THE SCOTTISH NATION.
It may please you, Mr. Speaker, preface I will in this matter. So that if this request be granted, use none, but put myself upon your good opinion, I account the cause obtained. to which I have been accustomed beyond my de But to proceed to the matter itself : all consult. servings; neither will I hold you in suspense what ations do rest upon questions comparative: for when way I will choose, but now at the first declare my a question is de vero, it is simple, for there is but self, that I mean to counsel the house to naturalize one truth; but when a question is de bono, it is for this nation : wherein, nevertheless, I have a request the most part comparative ; for there be differing deto make unto you, which is of more efficacy to the grees of good and evil, and the best of the good is to purpose I have in hand than all that I shall say after- be preferred and chosen, and the worst of the evil wards. And it is the same request, which Demos- is to be declined and avoided ; and therefore in a thenes did more than once, in great causes of estate, question of this nature you may not look for answer make to the people of Athens, “ut cum calculis suffra- proper to every inconvenience alleged; for somegiorum sumant magnanimitatem reipublicæ,” that what that cannot be especially answered may, neverwhen they took into their hands the balls, whereby theless, be encountered, and overweighed by matter to give their voices, according as the manner of of greater moment, and therefore the matter which I them was, they would raise their thoughts, and lay shall set forth unto you will naturally receive the aside those considerations which their private voca
distribution of three parts. tions and degrees might minister and represent First, an answer to those inconveunto them, and would take upon them cogitations niences which have been alleged to to the inconand minds agreeable to the dignity and honour of ensue, if we should give way to this
objected conthe estate.
naturalization; which I suppose, you cerning natuFor, Mr. Speaker, as it was aptly and sharply will not find to be so great as they have said by Alexander to Parmenio, when upon their been made ; but that much dross is put into the recital of the great offers which Darius made, Par- balance to help to make weight. menio said unto him, “ I would accept these offers, Secondly, an encounter against the remainder of were I as Alexander :" he turned it upon him again, these inconveniences which cannot properly be an“So would I,” saith he, “were I as Parmenio." swered, by much greater inconveniences, which we So in this cause, if an honest English merchant, I shall incur if we do not proceed to this naturalization. do not single out that state in disgrace, for this Thirdly, an encounter likewise, but of another island ever held it honourable, but only for an in- nature, that is, by the gain and benefit which we stance of a private profession, if an English merchant shall draw and purchase to ourselves by proceeding should say, “Surely I would proceed no farther in to this naturalization. And yet, to avoid confusion, the union, were I as the king ;" it might be reasons which evermore followeth upon too much generality, ably answered, “No more would the king, were he it is necessary for me, before I proceed to persuaas an English merchant.” And the like may be sion, to use some distribution of the points or parts said of a gentleman of the country, be he never so of naturalization, which certainly can be no better, worthy or sufficient; or of a lawyer, be he never so or none other, than the ancient distinction of “jus wise or learned ; or of any other particular condition civitatis, jus suffragii vel tribus," and “jus petitionis of men in this kingdom : for certainly, Mr. Speaker, sive honorum :" for all ability and capacity is either if a man shall be only or chiefly sensible of those of private interest of meum et tuum, or of public respects which his particular vocation and degree service: and the public consisteth chiefly either in shall suggest and infuse into him, and not enter voice or in action, or office. Now it is the first of into true and worthy considerations of estate, he shall these, Mr. Speaker, that I will only handle at this never be able aright to give counsel, or take counsel | time and in this place, and refer the other two for a