Points

wherein

stand al

ready united.

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 further 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 the nations 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.

Sovereign. ty, line Royal.

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.

turaliza

For Subjection, I take the law of England to be clear, Subjection, obe(what the law of Scotland is I know not), that all Scottish- dience. men, from the very instant of your Majesty's reign begun, are become denizens; and the post-nati are naturalized sub- Alien, najects of England for the time forwards: for by our laws tion. 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, if1 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 thereof. 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 Religion, church godoctrine; but in matter of discipline and government it is vernment. imperfect.

For the Continent, it is true there are no natural boun- Continent, borders. daries of mountains, or seas, or navigable rivers; but yet there are badges and memorials of borders; of which point I have spoken before.

dialect.

For the Language, it is true the nations are unius labii, and Language, and have not the first curse of disunion, which was confusion of tongues, whereby one understood not another. But yet the dialect is differing, and it remaineth a kind of mark of distinction. But for that, tempori permittendum, it is to be 1 that: MS.

Leagues, Confederacies, Treaties.

External points of separation and union.

The ceremonial or material crowns.

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 may 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, stiles, 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 effectual 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 question 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 circumstances. 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.

and names.

For the Name, the main question is, whether the con- The styles tracted 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 not only be used in your Majesty's stile, where the entire stile 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 stile shall denominate yourself King of Britain, France, and Ireland, etc. and yet nevertheless, in any commission, writ, or otherwise, where your Majesty mentioneth England or Scotland, you shall retain the ancient names, as secundum consuetudinem regni nostri Angliæ; or whether those divided names shall be for ever lost and taken away, and turned into the subdivisions of South-Britain and North-Britain, and the people to be the South-Brittains and North-Brittains; And so, in the example aforesaid, the tenour of the like clause to run secundum consuetudinem Britanniæ Australis.

VOL. III.

Q

The seals.

Also, if the former of these shall be thought convenient, whether it were not better for your Majesty to take that alteration of stile upon you by proclamation, as Edward the third did the stile of France, than to have it enacted by Parliament.

Also, in the alteration of the stile, 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 possest of Ireland as your Majesty is: so as your stile to run King of Britain, Ireland, and the islands adjacent, and of France, etc. The difficulties in this have been already throughly beaten over; but they gather but to two heads.

The one, point of honour and love to the former names. 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 stile by 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 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 not 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;