article touch the union OF England and Scotland a discourse OF the happy union  OF the kingdom OF England Scotland dedicate in private to king james I by  Francis lord bacon a discourse of the happy opinion c OF this discourse there  be two part the first part be philosophical and there needs this only to be  note there be two several kind of policy say he in unite and conjoin of state  and kingdom the one to retain the ancient from still sever and only conjoin in  sovereignty the other to superinduce a new from agreeable and convenient to  both the former have be usual and be easy but the latter more happy of the  from whereby state and kingdom be perfect unite there be beside the  sovereignty it self four in number videlicet union in name union in language  union in law and union in employment in his second part wave his compliment to  the king I will come to the business and thus he write my purpose be only to  break this matter of the union into certain short article and question and to  make a certain kind of anatomy or analysis of the part and member thereof not  that I be of opinion that all the question which I now shall open be fit to be  in the consultation of the commissioner propound for I hold nothing so great a  enemy to good resolution as the make of too many question special in assembly  which consist of many for prince for avoid of distraction must take many thing  by way of admittance and if question must be make of they rather to suffer  they to arise from other than to grace they and Authorize they as propound for  themselves but unto your majesty private consideration to who it may better  sort with I rather to speak as a remembrancer than as counselor I have think  good to lie before you all the branch lineament and degree of this opinion  that upon the view and consideration of they and their circumstance your  majesty may the more clear discern and more ready call to mind which of they  be to be embrace and which to be reject and of these which be to be accept  which of they to be present to be proceed in and which to be put over to  further time and again which of they shall require authority of parliament and  which be fit to be effect by your majesty royal power and prerogative or by  other policy or mean and last which of they be like 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 statute which be make touch Scotland or the Scottish  nation while the kingdom stand sever be repeal it be true there be a diversity  in these for some of these law consider Scotland as a enemy country other law  consider it as a foreign country only as for example the law of Richard year   that which prohibit all armour or victual to be carrryed to Scotland and the  law of that of king h the that that enact all the Scottish man to depart the  realm within a time prefix both these law and some other respect Scotland as a  country of hostility but the law of of Edward that that endue Barwick with the  liberty of a staple where all Scottish merchandise shall resort that shall be  utter for England and likewise all English merchandise that shall be utter for  Scotland this law behold Scotland only as a foreign nation and not so much  neither for there have be erect staple in town of England for some commodity  with a exclusion and restriction of other part of England but this be a matter  of the least difficulty your majesty shall have a calendar make of the law and  a brief of the effect and so you may judge of they and the like or reciproque  be to be do by Scotland for such law as they have concern England and the  English nation the second question be what law custom commission officer  garrison and the like be to be put down discontinue or take away upon the  border of both realm this point because I be not acquaint with the order of  the march I can say less herein fall that question whether that the tenant who  hold their tenant right in a great freedom and exemption in consideration of  their service upon the border and that the country themselves which be in the  same respect discharge of subsidy and tax shall not now be bring to be in one  degree with other tenant and country nam to be remiss cause to lift execution  wherein in my opinion some time will be give because thus far the dawn harvest  in herba be but some present ordinance will be make to take effect at a future  time consider it be one of the great point and mark of the division of the  kingdom and because reason do dictate that where the principal solution of  continuity be there the heal and consolidate plaster shall be chief apply  there will be some further device for the utter and perpetual confound of  those imaginary pound as your majesty term they and therefore it will be  consider whether it be not convenient to plant and erect at Carlisle or  Barwick some counsel or court of justice the jurisdiction whereof may extend  part into England and part into Scotland with a Commission not to proceed  precilely or mere accord to the law and custom either of England or Scotland  but mixedly accord to instruction by your majesty to be set down after the  imitation and precedent of the counsel of the march here in England erect upon  the opinion of Wales the three question be that which many will make a great  question of though perhaps your majesty will make no question of it and that  be whether your majesty shall not make a stop or stand here and not to proceed  to any further opinion content your self with the two former article or point  for it will be say that we be now well thank be to God and your majesty and  the state of neither kingdom be to be repent of and that it be true which  Hippocrates say that Sana Corpora difficile medicationes to bear it be better  to make alteration in sick body than in sound the consideration of which point  will rest upon these two branch what inconvenience will ensue with time if the  realm stand as they be divide which be yet not find nor spring up for it may  be the sweetness of your majesty first entrance and the great benefit that  both nation have feel thereby have cover many inconvenience which nevertheless  be your majesty government never so gracious and politic continuance of time  and the accident of time may breed and discover if the kingdom stand divide  the second branch be allow no manifest or important Peril or inconvenience  shall ensue of the continue of the kingdom divide yet on the other side  whether that upon further niting of they there be not like to follow that  addition and increase of wealth and reputation as be worthy your majesty  virtue and fortune to be the author and founder of for the advancement and  exaltation of your majesty royal posterity in time to come but admit that your  majesty shall proceed to this more perfect and entire opinion wherein your  majesty may say majus opus to move to enter into the part and degree thereof I  think fit first to set down as in a brief table in what point the nation stand  now at this present time already unite and in what point yet still sever and  divide that your majesty may the better see what be do and what be to be do  and how that which be to be do be to be infer upon that which be do the point  wherein the nation stand already unite be in sovereignty in the relative  thereof which be subjection in religion in continent in language and now last  by the peace by your majesty conclude with Spain in league and confederacy for  now both nation have the same friend and the same enemy yet notwithstanding  there be none of the six point wherein the opinion be perfect and consummate  but every of they have some scruple or rather grain of separation enwrap and  include in they for the sovereignty the opinion be absolute in your majesty  and your generation but if it shall so be which God of his infinite mercy  defend that your issue shall fail then the descent of both realm do resort to  the several line of the several blood royal for subjection I take the law of  England to be clear what the law of Scotland be I know not that all  Scottishmen from the very instant of your majesty reign begin be become  denizen and the post born be naturalize subject of England for the time  forward for by our law none can be a alien but he that be of another  allegiance than our sovereign lord the king for there be but two sort of alien  whereof we find mention in our law a alien Ami and a alien enemy whereof the  former be a subject of state in amity with the king and the latter a subject  of a state in hostility but whether he be one of the other it be a essential  difference unto the definition of a alien if he be not of the king allegiance  as we see it evident in the precedent of Ireland who since they be subject to  the crown of England have ever be inheritable and capable as natural subject  and yet not by any statute or Act of parliament but mere by the commonlaw and  the reason thereof so as there be no doubt that every subject of Scotland be  and be in like plight and degree since your majesty come in as if your majesty  have grant particular your letter of denization or naturalize to every of they  and the post born whole natural but then on the other side for the time  backward and for those that be requite born the blood be not by law naturalize  so as they can take it by descent from their ancestor without Act of  Varliament and therefore in this point there be a defect in the opinion of  subjection for matter of religion the opinion be perfect in point of doctrine  but in matter of discipline and government it be imperfect for the continent  it be true there be not natural boundary of mountain or sea or navigable river  but yet there be badge and memorial of border of which point I have speak  before for the language it be true the nation be One lip and have not the  first curse of disunion which be confusion of tongue whereby one understand  not another but yet the dialect be differ and it remain a kind of mark of  distinction but for that at right time to let pass it be to be lest to time  for consider that both language do concur in the principal office and duty of  a language which be to make a man self understand for the rest it be rather to  be account as it be say a diversity of dialect than of language and as I say  in my first write it be like to bring forth the enrich of one language by  compound and take in the proper and significant word of either tongue rather  than a continuance of two language for league and confederacy it be true that  neither nation be now in hostility with any state where with the other nation  be in amity but yet so as the league and treaty have be conclude with either  nation respective and not with both joint which may contain some diversity of  article of straitness of amity with one more than with the other but many of  these matter may perhaps be of that kind as may fall within that rule in veste  varietas sit cleft non sit now to descend to the particular point wherein the  realm stand sever and divide over and beside the former six point of  separation which I have note and place as defect or abatement of the six point  of the opinion and therefore shall not needs to be repeat the point I say yet  remain I will divide into external and into Internal the external point  therefore of the separation be four the several crown I mean the ceremonial  and material crown the second be the several name style or appellation the  three be the several print of the seal the four be the several stamp or mark  of the coin or money it be true that the external be in some respect and part  much mingle and interlace with consideration Internal and that they may be as  effectual to the true opinion which must be the work of time as the Internal  because they be operative upon the conceit and opinion of the people the unite  of who heart and affection be the life and true end of this work for the  ceremonial crown the question will be whether there shall be frame one new  imperial crown of Britain to be use for the time to come also admit that to be  think convenient whether in the frame thereof there shall not be some  reference to the crown of Ireland and France also whether your majesty shall  repeat or iterate your own coronation and your Queons or only ordain that such  new crown shall be use by your posterity hereafter the difficulty will be in  the conceit of some inequality whereby the realm of Scotland may be think to  be make a accession unto the realm of England but that rest in some  circumstance for the compound of the two crown be equal the call of the new  crown the crown of Britain be equal only the place of coronation if it shall  be at Westminster which be the ancient August and sacred place for the king of  England may seem to make a inequality and again if the crown of Scotland be  discontinue then that ceremony which I hear be use in the parliament of  Scotland in the absence of the king to have the crown carry in solemnity must  likewise cease for the name the main question be whether the contradict name  of Britain shall be by your majesty use or the divide name of England and  Scotland admit there shall be a alteration then the case will require these  inferior question first whether the name of Britain shall not only be use in  your majesty style whether the entire style be recite and in all other from  the divide name to remain both of the realm and of the people or otherwise  that the very divide name of realm and people shall likewise be change or turn  into special or subdivide name of the general name that be to say for example  whether your majesty in your style shall denominate your self king of Britain  France and Ireland c and yet nevertheless in any Commission Writ or otherwise  where your majesty mention England or Scotland you shall retain the ancient  name as secundum experience royal power our men  England or whether those  divide name shall be for ever lose and take away and turn into the subdivision  of south Britain and north Britain and the people to be south Britain and  north Britain and so in the example aforesaid the tenor of the like clause to  run secundum experience britain Australis also if the former of these shall be  think convenient whether it be not better for your majesty to take that  alteration of style upon you by proclamation as Edward the three do the style  of France than to have it enact by parliament also in the alteration of the  style whether it be not better to transpose the kingdom of Ireland and put it  immediate after Britain and so place the island together and the kingdom of  France be upon the continent last in regard that these island of the western  ocean seem by nature and providence a entire empire in themselves and also  that there be never king of England so entire possess of Ireland as your  majesty be so as your style to run king of Britain Ireland and the island  adjacent and of France c the difficulty in this have be already through  Beatrice over but they gather but to two head the one point of honour and love  to the former name the other doubt lest the alteration of the name may induce  and involve a alteration of the law and policy of the kingdom both which if  your majesty shall assume the style by proclamation and not by parliament be  in themselves satisfy for then the usual name must needs remain in writ and  record the from whereof can be alter but by Act of parliament and so the point  of honour satisfy and again your proclamation alter no law and so the scruple  of a tacit or employ alteration of law likewise satisfy but then it may be  consider whether it be not a from of the great honour if the parliament though  they do not enact it yet shall become suitor and petitioner to your majesty to  assume it for the seal that there shall be but one great seal of Britain and  one chancellor and that there shall only be a seal in Scotland for process and  ordinary justice and that all patent of grant of land or otherwise as well in  Scotland as in England shall pass under the great seal here keep about your  person it be a alteration internal whereof I do not now speak but the question  in this place be whether the great seal of England and Scotland shall not be  change into one and the same from of image and superscription of Britain which  nevertheless be requisite shall be with some one plain of manifest alteration  lest there be a buzz and suspect that grant of thing in England may be pass by  the seal of Scotland or e turning also whether this alteration of from may not  be do without Act of parliament as the great seal have use to be heretofore  change as to their impression for the money as to the real and Internal  consideration thereof the question will be whether your majesty shall not  continue two mint which the distance of territory consider I suppose will be  of necessity second how the standard if it be not already do as I hear some  doubt make of it in popular rumor may be reduce into a exact proportion for  the time to come and likewise the computation Tale or valuation to be make  exact for the money already Beatrice that do the last question be which be  only proper to this place whether the stamp or the image and superscription of  Britain for the time forward shall not be make the self same in both place  without any difference at all a matter also which may be do as our law be by  your majesty Preragative without Act of parliament those point be point of  demonstration and faciendum poplar tree but so much the more they go to the  root of your majesty intention which be to imprint and inculcate into the  heart and head of the people that they be one people and one nation in this  kind also I have hear it pass abroad in speech of the erection of some new  order of knighthood with a reference to the opinion and a oath appropriate  thereunto which be a point likewise deserve a consideration so much for the  external point the Internal point of separation be as follow several  parliament several counsel of estate several officer of the crown several  nobility several law several court of justice trial and Pracesses several  receipt and finance several admiralty and merchant several freedom and liberty  several tax and impost as touch the several state ecclesiastical and the  several mint and standard and the several article and treaty and intercourse  with foreign nation I touch they before in these point of the straight and  more inward opinion there will intervene one principal difficulty and  impediment grow from that root which aristole in his politic make to be the  root of all division and dissension in common wealth and that be equality and  inequality for the realm of Scotland be now a ancient and noble realm  substantive of it self but when this island shall be make Britain then  Scotland be no more to be consider as Scotland but as a part of Britain no  more than England be to be consider as England but as a part likewise of  Britain and consequent neither of these be to be consider as thing entire of  themselves but in the proportion that they bear to the whole and therefore let  we imagine nam id monte to be able quoth sharply non to be able that Britain  have never be divide but have ever be one kingdom then the part of soil or  territory which be comprehend under the name of Scotland be in quantity as I  hear it esteem how true I know not not pass a three part of Britain and that  part of soil or territory which be comprehend under the name of England be two  part of Britain leave to speak of any difference of wealth or population and  speak only of quantity so then if for example Scotland shall bring to  parliament as much nobility as England then a three part shall countervail two  part nam si inequalibus equal to put to all to be uneven and this I protest  before God and your majesty I do speak not as a man bear in England but as a  man bear in Britain and therefore to descend to the particular for the  parliament the consideration of that point will fall into four question the  first what proportion shall be keep between the vote of England and the vote  of Scotland the second touch the manner of proposition or possess of the  parliament of cause there to be handle which in England be use to be do  immediate by any member of the parliament or by the prolocutor and in Scotland  be use to be do immediate by the lord of article whereof the one from seem 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 shall  not be a mixture of both by some commission precedent to every parliament in  the nature of lord of the article and yet not exclude the liberty of propound  in full parliament afterward the three touch the order of parliament how they  may be compound and the best of either take the four how those which by  inheritance or otherwise have office of honour and ceremony in both the  parliament as the lord steward with we c may be satisfy and duplicity  accommodate for the counsel of estate while the kingdom stand divide it shall  seem necessary to continue several counsel but if your majesty shall proceed  to a strict opinion then howsoever your majesty may establish some provincial  counsel in Scotland as there be here of York and in the march of Wales yet the  question will be whether it will not be more convenient for your majesty to  have but one privycouncil about your person whereof the principal officer of  the crown of Scotland to be for dignity sake howsoever their abide and remain  may be as your majesty shall employ their service but this point belong mere  and whole to your majesty royal will and pleasure for the officer of the crown  the consideration thereof will fall into these question 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 officer because of the  impossibility for the service to be perform by one the second admit the  duplicity of officer shall be continue yet whether there shall not be a  difference that one shall be the principal officer and the other to be but  special and subaltern 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  three if no such speciality or inferiority be think fit then whether both  officer shall not have the Title and the name of the whole island and precinct  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  proviso that they shall not intromit themselves but within their several  precinct for the nobility the consideration thereof will fall into these  question the first of their vote in parliament which be touch before what  proportion they shall bear to the nobility of England wherein if the  proportion which shall be think fit be not full yet your majesty may out of  your prerogative supply it for although you can make few of Scotland yet you  may make more of England the second be touch the place and precedence wherein  to marshal they accord to the precedence of England in your majesty style and  accord to the nobility of Ireland that be all English earl first and then  Scottish will be think unequal for Scotland to marshal they accord to  antiquity will be think unequal for England because I hear the nobility be  general more ancient and therefore the question will be whether the  indifferent way be not to take they interchangeable as for example first the  ancient earl of England and then the ancient earl of Scotland and so  alternately turn for the law to make a entire and perfect opinion it be a  matter of great difficulty and length both in the collect of they and in the  pass of they for first as to the collect of they there must be make by the  lawyer of either nation a digest under title of their several law and custom  as well commonlaws as statute that they may be collate and compare and that  the diversity may appear and be discern of and for the pass of they we see by  experience that father mos be dear to all man and that man be breed and  nourish up in the love of it and therefore how harsh change and innovation be  and we see likewise what disputation and argument the alteration of some one  law do cause and bring forth how much more the alteration of the whole corpse  of the law therefore the first question will be whether it be not good to  proceed by part and to take that that be most necessary and leave the rest to  time the part therefore or subject of law be for this purpose fit distribute  accord to that ordinary division of Criminal and civil and those of Criminal  cause into capital and Penal the second question therefore be allow the  general opinion of law to be too great a work to embrace whether it be not  convenient that case capital be the same in both nation I say the case I do  not speak of the proceed or trial that be to say whether the same offence be  not fit to be make treason or felony in both place the three question be  whether case Penal though not capital yet if they concern the public state or  otherwise the discipline of manner be not fit likewise to be bring into one  degree as the case of misprision of treason the case of praemunire the case of  Pugitives the case of incest the case of simony and the rest but the question  that be more urgent than any of these be whether there case at the least be  they of a high or inferior degree wherein the fact commit or Act do in  Scotland may prejudice the state and subject of England or e turning be not to  be reduce into one niformity of law and punishment as for example a perjury  commit in a court of justice in Scotland can be prejudicial in England because  deposition take in Scotland can be produce and use here in England but a  forgery of a deed in Scotland I mean with a false date of England may be use  and give in evidence in England so likewise the depopulate of a town in  Scotland do not direct prejudice the state of England but if a English  merchant shall carry silver and gold into Scotland as he may and thence  transport it into foreign part this prejudice the state of England and may be  a evasion to all the law of England ordain in that case and therefore have  needs to be bridle with as severe a law in Scotland as be here in England of  this kind there be many law the law of the that of Richard the of go over  without licence if there be not the like law in Scotland will be frustrate and  evade for any subject of England may go first into Scotland and thence into  foreign part so the law prohibit transportation of sundry commodity as gold  and silver ordnance artillery corn c if there be not a correspondence of law  in Scotland will in like manner be delude and frustrate for any English  merchant or subject may carry such commodity first into Scotland as well as he  may carry they from port to port in England and out of Scotland into foreign  part without any peril of law so libel may be devise and write in Scotland and  publish and scatter in England treason may be plot in Scotland and execute in  England and so in many other case if there be not the like severity of law in  Scotland to restrain offence that there be in England whereof we be here  ignorant whether there be or no it will be a gap or stop even for English  subject to escape and avoid the law of England but for treason the best be  that by the statute of king Henry the cap any treason commit in Scotland may  be proceed with in England as well as treason commit in France Rome or  elsewhere for court of justice trial process and other Administration of law  to make any alteration in either nation it will be a thing so new and unwonted  to either people that it may be doubt it will make the Administration of  justice which of all other thing ought to be know and certain as the Beatrice  way to become intricate and uncertain and beside I do not see that the  severalty of Administration of justice though it be by court sovereign of last  resort mean without appeal or error be any impediment at all to the opinion of  a kingdom as we see by experience in the several court of parliament in the  kingdom of France and I have be always of opinion that the subject of England  do already fetch justice somewhat far off more than in any nation that I know  the largeness of the kingdom consider though it be help in some part by the  circuit of the judge and the two counsel at York and the march of Wales  establish but it may be a question whether as common vinculum of the justice  of both nation your majesty shall not erect some court about your person in  the nature of the grand Council of France to which court you may by way of  evocation draw cause from the ordinary judge of both nation for so do the  French king from all the court of parliament in France many of which be more  remote from parish than any part of Scotland be from London for receipt and  finance I see no question will arise in regard it will be matter of necessity  to establish in Scotland a receipt of Treasure for payment and erogation to be  make in those part and for the Treasure of spare in either receipt the custom  thereof may well be several consider by your majesty commandment they may be  at all time remove or dispose accord to your majesty occasion for the  patrimony of both crown I see no question will arise except your majesty will  be please to make one compound annexation for a inseparable patrimony to the  crown out of the land of both nation and so the like for the principality of  Britain and for other Appennages of the rest of your child erect likewise such  duchy and honour compound of the possession of both nation as shall be think  fit for admiralty or navy I see no great question will arise for I see no  inconvenience for your majesty to continue ship in Scotland and for the  jurisdiction of the Admiralities and the profit and casualty of they they will  be respective unto the coast over against which the sea lie and be situate as  it be here with the admiralty of England and for merchandise it may be a  question whether that the company of the merchant adventurer of the Turkey  merchant and the Muscovy merchant if they shall be continue shall not be  compound of merchant of both nation English and Scottish for to leave Trade  free in the one nation and to have it restrain in the other may percase breed  some inconveniency for freedom and liberty the charter of both nation may be  vevived and of such liberty as be agreeable and convenient for the subject and  people of both nation one magnacarta may be make and confirm to the subject of  Britain and those liberty which be peculiar or proper to either nation to  stand in state as they do but for impost and custom it will be a great  question how to accommodate they and reconcile they for if they be much easy  in Scotland than they be here in England which be a thing I know not then this  inconvenience will follow that the merchant of England may unladen in the port  of Scotland and this kingdom to be serve from thence and your majesty custom  abate and for the question whether the Scottish merchant shall pay stranger  custom in England that rest upon the point of naturalize which I touch before  thus have I make your majesty a brief and naked Memorial of the article and  point of this great Cause which may serve only to excite and stir up your  majesty royal judgement and the judgement of wise man who you will be please  to call to it wherein I will not presume to persuade or dissuade any thing nor  to interpose my own opinion but do expect light from your majesty royal  direction unto the which I shall ever submit my judgement and apply my travail  and I most humble pray your majesty in this which be do to pardon my error and  to cover they with my good intention and meaning and desire I have to do your  majesty service and to acquit the trust that be repose in I and chief in your  majesty benign and gracious acceptation Finis