certain article or consideration touch the union of the kingdom of England and  Scotland collect and disperse for his majesty better service your majesty be I  do not doubt direct and conduct by a better oracle then that which be give for  light to Aeneas in his peregrination ancient to search out mother have a royal  and indeed a heroical desire to reduce these two kingdom of England and  Scotland into the unity of their ancient mother kingdom of Britain wherein as  I will glad applaud unto your majesty or sing aloud that hymn or anthem such  to go and Astra so in a more soft and submiss voice I must necessary remember  unto your majesty that warn or caveat Ardua who pulchra it be a action that  require yea and needs much not only of your majesty wisdom but of your  felicity in this argument I presume at your majesty first entrance to write a  few line indeed scholastical and speculative and not active or politic as I  hold it fit for I at that time when neither your majesty be in that your  desire declare nor my self in that service use or trust but now that both your  majesty have open your desire and purpose with much admiration even of those  who give it not so full a approbation and that my self be by the Commons grace  with the first vote of all the Commons select for that Cause not in any  estimation of my ability for therein so wise a assembly can not be so much  deceive but in a acknowledgement of my extreme labour and integrity in that  business I think my self every way bind both in duty to your majesty and in  trust to that house of parliament and in consent to the matter it self and in  conformity to my own travail and beginning not to neglect any pain that may  tend to the furtherance of so excellent a work wherein I will endeavour that  that which I shall set down be nothing minus how word for length and ornament  of speech be to be use for persuasion of multitude and not for information of  king especial such a king as be the only instance that ever I know to make a  man of Plato opinion that all knowledge be but remembrance and that the mind  of man know all thing and demand only to have her own notion excite and awake  which your majesty rare and indeed singular gift and faculty of swift  apprehension and infinite expansion or multiplication of another man knowledge  by your own as I have often observe so I do extreme admire in Goodwin Cause be  a matter full of secret and mystery of our law mere new unto you and quite out  of the path of your education read and conference wherein nevertheless upon a  spark of light give your majesty take in so dexterous and profound as if you  have be indeed anima law 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 I to seek rather to excite your judgement brief then to inform it  tedious and if in a matter of that nature how much more in this wherein your  princely cogitation have wrought themselves and be conversant and wherein the  principal light proceed from your self and therefore 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 then to grace they and authorize they as propound  from themselves but unto your majesty private consideration to who it may  better sort with I rather to speak as a remembrancer then as a counselor I  have think good to lie before you all the branch lineament and degree of this  union 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 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 scot 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   which prohibit all armour or victual to be carry to Scotland and the law of of  king h the that enact all the scot 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 endue Barwick with the liberty of a  staple where all scot 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 in 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 the  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 corum 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  bind as your majesty term they and therefore it will be consider whether it be  not convenient to plant and erect at carleil or Barwick some Council or court  of justice the jurisdiction whereof may extend part into England and part into  Scotland with a Commission not to proceed precise 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 Council  of the march here in England erect upon the union 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 union 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  then in find 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 the  further unite 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 union 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 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 union 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 union 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 scot man 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 then 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 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 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 in 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 ante born  the blood be not by law naturalize so as they can take it by descent from  their ancestor without Act of parliament and therefore in this point there be  a defect in the union of subjection for matter of religion the union be  perfect in point of doctrine but in matter of discipline and government it be  imperfect for the continent it be true there be no 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 leave to time for consider that both language do concur in the  principal office and duty of language which be to make a man self understand  for the rest it be rather to be account as be say a diversity of dialect then  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 then a continuance of two language for league and  confederacy it be true that neither nation be now in hostility with any state  wherewith 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 with one more then with  the other but many of these matter may perhaps be of that kind as may fall  within that rule in veste to diversify as 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 the defect  or abatement of the six point of the union 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 of 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 union 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 queen 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 contract 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  follow question first whether the name of Britain shall not only be use in  your majesty style where 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 foresay 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 then 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 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 leave 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 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 or manifest alteration  lest there be a Buz 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 rumour 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 prerogative without Act of parliament these 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 union and a oath appropriate  thereunto which be a point likewise deserve a consideration so much for the  external point the Internal print of separation be as follow several  parliament several council of estate several officer of the crown several  nobility several law several court of justice trial and process 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 of intercourse  with foreign nation I touch they before in these point of the straight and  more inward union there will intervene one principal difficulty and impediment  grow from that root which Aristotle 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 then 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 in themselves but in the proportion  that they bear to the whole and therefore let we imagine nam id Mente  to be able quoth sharply non to be able that Britain have never be divide but  have ever be one kingdom then that part of soil or territory which be  comprehend under the name of Scotland be in quantity as I have 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 uneven  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 particular parliament 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 the 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 duplicitly accommodate council of  estate for the council of estate while the kingdom stand divide it shall seem  necessary to continue several council but if your majesty shall proceed to a  strict union then howsoever your majesty may establish some provincial council  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 officer of the crown 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 specialty 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 nobility 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 scot  will be think unequal for Scotland to marshal they accord to antiquity will be  think unequal for England because I hear their 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 law for the law  to make a entire and perfect union 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  didivision of Criminal and civil and those of Criminal cause into capital and  Penal the second question therefore be allow the general union 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 fugitive the case of  incest the case of simony and the rest but the question that be more urgent  then any of these be whether these 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 to one  uniformity 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 it be here in England of this kind there be many  law the law of the 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 to 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 that cap any treason commit in Scotland may be proceed with in  England as well as treason commit in France Rome or elsewhere court of justice  and Administration of law 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 a 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 I mean without appeal or error be any impediment at  all to the union 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 then 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 council at York and in the  march of Wales establish but it may be a good 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 then any part of Scotland be from London  receipt finance and patrimony of the crown 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 custody 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 Appenages of the rest of your child erect likewise such duchy and honour  compound of the possession of both nation as shall be think fit admiralty navy  and merchandise for admiralty or navy I see no great question will arise for I  see no inconvenience your majesty to continue ship in Scotland and for the  jurisdiction of the admiralty 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 scot for to leave Trade free in the one  nation and to have it restrain in the other may percase breed some  inconvenience freedom and liberty for freedom and liberty the charter of both  nation may be review 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 tax and impost 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 then 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 scot  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 I own opinion but 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