THE MOST HUMBLE CERTIFICATE OR RETURN OF THE COMMISSIONERS OF ENGLAND AND SCOTLAND, AUTHORIZED TO TREAT OF A UNION FOR THE WEAL OF BOTH REALMS: 2 JAC. I. [PREPARED, BUT ALTERED.] WE the commissioners for England and Scot- | follow next in order, that the commerce between land respectively named and appointed, in all both nations be set open and free, so as the comhumbleness do signify to his most excellent ma-modities and provisions of either may pass and jesty, and to the most honourable high courts of flow to and fro, without any stops or obstructions, parliament of both realms, that we have assembled into the veins of the whole body, for the better ourselves, consulted and treated according to the sustentation and comfort of all the parts: with nature and limits of our commission; and foras- caution nevertheless, that the vital nourishment much as we do find that hardly within the memory be not so drawn into one part, as it may endanger of all times, or within the compass of the universal a consumption and withering of the other. 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 first place to begin with the remotion and abolition of all 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 Fourthly, after the communion and participation by commerce, which can extend but to the transmission of such commodities as are moveable, 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 further 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. All which several points, as we account them. CERTAIN ARTICLES OR CONSIDERATIONS TOUCHING THE UNION OF THE KINGDOMS OF ENGLAND AND SCOTLAND. COLLECTED AND DISPERSED FOR HIS MAJESTY'S BETTER SERVICE. your own, as I have often observed, so I did extremely admire in Goodwin's cause, being a matter full of secrets and mysteries 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 | multiplication of another man's knowledge by conducted by a better oracle than that which was given for light to Eneas 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 entrance to write a few lines, indeed scholastically and speculatively, and not actively or politicly, as I held it fit for me at that time; when neither your majesty was in that And therefore my purpose is only to break this your desire declared, nor myself in that service matter of the union into certain short articles and used or trusted. But now that both your majesty questions, and to make a certain kind of anatomy hath opened your desire and purpose with much or analysis of the parts and members thereof: not admiration, even of those who give it not so full that I am of opinion that all the questions which an approbation, and that myself was by the Com- I now shall open, were fit to be in the consultamons graced with the first vote of all the Com- tion of the commissioners propounded. For I mons selected for that cause; not in any estima- hold nothing so great an enemy to good resolution, tion of my ability, for therein so wise an assembly as the making of too many questions; especially could not be so much deceived, but in an acknow-in assemblies which consist of many. For princes, ledgment of my extreme labours and integrity; in for avoiding of distraction, must take many things that business I thought myself every way bound, by way of admittance; and if questions must be both in duty to your majesty, and in trust to that made of them, rather to suffer them to arise from house of parliament, and in consent to the matter others, than to grace them and authorize them as itself, and in conformity to mine own travels and propounded from themselves. But unto your beginnings, not to neglect any pains that may majesty's private consideration, to whom it may tend to the furtherance of so excellent a work; be better sort with me rather to speak as a rewherein I will endeavour that that which I shall membrancer than as a counsellor, I have thought set down benihil minus quam verba :" for good to lay before you all the branches, linealength and ornament of speech are to be used for ments, and degrees of this union, that upon the persuasion of multitudes, and not for information view and consideration of them and their circumof kings, especially such a king as is the only stances, your majesty may the more clearly disinstance that ever I knew to make a man of cern, and more readily call to mind which of them Plato's opinion, "that all knowledge is but re- is to be embraced, and which to be rejected and membrance, and that the mind of man knoweth of these, which are to be accepted, which of them all things, and demandeth only to have her own is presently to be proceeded in, and which to be notions excited and awaked:" which your ma- put over to farther time. And again, which of jesty's rare and indeed singular gift and faculty them shall require authority of parliament, and f swift apprehension, and infinite expansion or 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. Whether it be not meet, that the statutes, which were made touching Scotland 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. But this is a matter of the least difficulty; your majesty shall have a calendar made of the laws, and a brief of the effect; and so you may judge of them and the like or reciproque is to be done by Scotland for such laws as they have concerning England and the English nation. The second question is, what laws, customs, commissions, officers, garrisons, and the like, are to be put down, discontinued, or taken away upon the borders of both realms? To this point, because I am not acquainted with the orders of the marches, I can say the less. 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 mixedly, according to instructions by your majesty to be set down, after the imitation and precedent of the council of the marches here in England, erected upon the union of Wales? 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. For it will be said, that we are now well, thanks be to God and your majesty, and the state of neither 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 consideration 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? But, admitting that your majesty should proceed to this more perfect and entire union, wherein your majesty 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: In sovereignty. In the relative thereof, which is subjection In religion. In continent. In language. And now lastly, by the peace by your majesty concluded with Spain, in leagues and confederacies for now both nations have the same friends and the same enemies. Yet, notwithstanding, there is none of the six points, wherein the union is perfect and consummate; but every of them hath some scruple or rather grain of separation inwrapped and included in them. For the sovereignty, the union is 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. For subjection, I take the law of England to be clear, what the law of Scotland is I know not, that all Scotchmen from the very instant of your majesty's reign begun are become denizens, and the "post nati" are naturalized subjects of Eng land 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 the eof. 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 perfect in points of doctrine; but in matter of discipline and government it is imperfect. For the continent, it is true there are no natural boundaries of mountains or seas, or navigable rivers; but yet there are badges and memorials of borders; of which points I have spoken before. 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 1s differing, and it remaineth a kind of mark of 1 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. For leagues and confederacies, it is true, that neither nation is now in hostility 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 many contain some diversity of articles of straitness of amity with one more than with 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." Now 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. 1. The several crowns, I mean the 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 ef fectual 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. For the ceremonial crowns, the questions 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 cir cumstances; 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. For the name, the main question is, whether the contracted name of Britain shall be by your majesty used, or the divided names of England and Scotland? Admitting there shall be an alteration, then the 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 forever lost and taken away, and turned into the subdivision of South-Britain and North-Britain, and the people to be SouthBritons and North-Britons? And so, in the example aforesaid, the tenor 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 possessed of Ireland, as your majesty is so as your style to run, king of Britain, Ireland, and the islands adjacent, and of France, &c. The difficulties in this have been already thoroughly beaten over; but they gather but to two heads. The one, point of honour and love to the former names. VOL. II.-19 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 of 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? For the seals, that there should be but one great seal of Britain, and one chancellor, and that there should only be a seal in Scotland for processes and ordinary justice; and that all patents of grants of lands or otherwise, as well in Scotland as in England, should pass under the great seal here, kept about your person; it is an alteration internal, whereof I do 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 buz, 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 tc 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 sup pose will be of necessity. Secondly, how the standards, if it be not already done, as I hear some doubt made of it in popula: rumour, may be reduced into an exact proportior. 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 selfsame 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 speech of the erection of some new order of knightN |