6. Courts of Justice and administration of laws.

frustrated and evaded: for any subject of England may go first into Scotland, and thence into foreign parts.

So the laws prohibiting transportation of sundry commodities, as gold and silver, ordnance, artillery, corn, etc., if there be not a correspondence of laws in Scotland, will in like manner be deluded and frustrate; for any English merchant or subject may carry such commodities first into Scotland, as well as he may carry them from port to port in England; and out of Scotland into foreign parts, without any peril of law.

So libels may be devised and written in Scotland, and published and scattered in England.

Treasons may be plotted in Scotland and executed in England.

And so in many other cases, if there be not the like severity of law in Scotland to restrain offences that there is in England, (whereof we are here ignorant whether there be or no), it will be a gap or stop even1 for English subjects to escape and avoid the laws of England.

But for treasons, the best is that by the statute of 26 K. Henry VIII. cap. 13, any treason committed in Scotland may be proceeded with in England, as well as treasons committed in France, Rome, or elsewhere.

For Courts of Justice, trials, processes, and other administration of laws, to make any alteration in either nation, it will be a thing so new and unwonted to either people, that it may be doubted it will make the administration of justice (which of all other things ought to be known and certain as a beaten way), to become intricate and uncertain. And besides, 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), is any impediment at all to the union of a kingdom: as we see by experience in the several courts of Parliament in the kingdom of France. And I have been always of opinion, that the subjects of England do already fetch justice somewhat far off, more than in any nation that I know, the largeness of the kingdom considered; though it be holpen in some part by the

1 So in Res. The MS. has "a gap ever." There is evidently some error. Stop even must have been a misreading of some word equivalent to loop-hole, or stepstone, or the like.

circuits of the Judges, and the two Councils at York and in the Marches of Wales established.

But it may be a good question, whether, as commune vinculum of the justice of both nations, your Majesty should not erect some court about your person, in the nature of the Grand Council of France: to which court you might, by way of evocation, draw causes from the ordinary judges of both nations; for so doth the French king from all the courts of Parliament in France; many of which are more remote from Paris than any part of Scotland is from London.

monies of

For Receipts and Finances, I see no question will arise; 7. Receipts, in regard it will be matter of necessity to establish in Scot- finances, land a receipt of treasure for payments and erogations tó and patri be made in those parts: and for the treasure of spare, in the Crown. either receipts, the custodies thereof may well be several; considering by your Majesty's commandment they may be at all times removed or disposed according to your Majesty's occasions.

For the Patrimonies of both crowns, I see no question will arise; except your Majesty would be pleased to make one compounded annexation, for an inseparable patrimony to the crown out of the lands of both nations and so the like for the Principality of Britain, and for other appennages of the rest of your children: erecting likewise such duchies and honours, compounded of the possessions of both nations, as shall be thought fit.

dizing.

For Admiralty or Navy, I see no great question will 8. Admi ralty, arise. For I see no inconvenience for your Majesty to con- Navy, and tinue shipping in Scotland. And for the jurisdictions of Merchanthe admiralties, and the profits and casualties of them, they will be respective unto the coasts over-against which the seas lie and are situated; as it is here with the admiralties of England.

And for Merchandising, it may be a question, whether that the companies of the Merchant Adventurers, of the Turkey merchants, and the Muscovy merchants (if they shall be continued), should not be compounded of merchants of both nations, English and Scottish. For to leave trade free in the one nation, and to have it restrained in the other, may percase breed some inconvenience.

9. Freedom and liberties.

10. Taxes

and imposts.

For Freedoms and Liberties, the charters of both nations may be reviewed; and of such liberties as are agreeable and convenient for the subjects and people of both nations, one Great Charter may be made and confirmed to the subjects of Britain; and those liberties which are peculiar or proper to either nation, to stand in state as they do.

But for Imposts and Customs, it will be a great question how to accommodate them and reconcile them for if they be much easier in Scotland than they be here in England, (which is a thing I know not,) then this inconvenience will follow; that the merchants of England may unlade in the ports of Scotland, and this kingdom to be served from thence, and your Majesty's customs abated.

And for the question, whether the Scottish merchants. should pay strangers custom in England, that resteth upon the point of Naturalization, which I touched before.

Thus have I made your Majesty a brief and naked memorial of the articles and points of this great cause, which may serve only to excite and stir up your Majesty's royal judgment, and the judgment of wiser men whom you will be pleased to call to it. Wherein I will not presume to persuade or dissuade any thing, nor to interpose mine own opinion; but do expect light from your Majesty's royal directions; unto the which I shall ever submit my judgment and apply my travails. And I most humbly pray your Majesty in this which is done to pardon my errors, and to cover them with my good intention and meaning, and desire I have to do your Majesty service, and to acquit the trust which was reposed in me; and chiefly in1 your Majesty's benign and gracious acceptation.

2.

It will be seen that the question of the style and name, which it had been thought too dangerous to alter by Act of Parliament, is here recommended to be dealt with by Proclamation: and it is not impossible that a draft of a Proclamation for that purpose accompanied this paper. Such a draft Bacon did at any rate prepare; and as it cannot be supposed to have been written after the appearance

1 So in Res. a mistake, I think, for with.

of the Proclamation by which the title of King of Great Britain was actually assumed, its proper place is here.

It was first printed among the State-pieces appended to Stephens's second collection (1734); I presume from the manuscript now in the British Museum, which is fully authenticated by corrections written in Bacon's own hand; and from this it is here taken.

A DRAUGHT OF A PROCLAMATION TOUCHING HIS MAJESTY'S STILE, PREPARED, not used.

Jacobi 2do 1

As it is a manifest token, or rather a substantial effect, of the wrath and indignation of God, when kingdoms are rent and divided which have formerly been entire and united under one monarch and governor; so on the contrary part, when it shall please the Almighty (by whom kings reign as his deputies and lieutenants) to enlarge his commissions of empire and sovereignty, and to commit those nations to one king to govern which he had formerly committed to several kings, it is an evident argument of his great favour both upon king and upon people; upon the king, inasmuch as he may with comfort conceive that he is one of those servants to whom it was said, Thou hast been faithful in the less, I will make thee Lord of more; upon the people, because the greatness of kingdoms and dominions, especially not being scattered but adjacent and compact, doth ever bring with it greater security from outward enemies, and greater freedom from inward burdens, unto both which people under petty and weak estates are more exposed. Which so happy fruit of the union of kingdoms is chiefly to be understood, when such conjunction or augmentation is not wrought by conquest and violence, or by pact and submission, but by the law of nature and hereditary descent. For in conquests it is commonly seen, although the bulk and quantity of territory be increased, yet the strength of kingdoms is diminished, as well by the wasting of the forces of both parts in the conflict, as by the evil coherence of the nation conquering and conquered; the one being apt to be

1 Harl. MSS. 6797. f. 17 b. The words "prepared but much altered in that which was published" have been written on the margin (the five last in Bacon's hand) with a direction to insert them after style.' Then they have been struck out, and the words 'prepared not used' written below: whether meant to come in at the end or in the same place, is doubtful.

insolent and the other discontent, and so both full of jealousies and discord; and where countries are annexed only by act of estates and submissions, such submissions are commonly grounded upon fear, which is no good author of continuance, besides the quarrels and revolts which do ensue upon conditional and articulate subjections. But when the lines of two kingdoms do meet in the person of one monarch as in a true point or perfect angle, and that from marriage (which is the first conjunction in human society) there shall proceed one inheritor in blood to several kingdoms, whereby they are actually united and incorporate under one head, it is the work of God and nature, whereunto the works of force and policy cannot attain; and it is that which hath not in itself any manner of seeds of discord or disunion, other than such as envy and malignity shall sow, and which groundeth an union, not only indissoluble, but also most comfortable and happy amongst the people. We therefore in all humbleness acknowledge,' that it is the great and blessed work of Almighty God, that these two ancient and mighty realms of England and Scotland, which by nature have no true but an imaginary separation, being both situate and comprehended in one most famous and renowned island of great Britany, compassed by the ocean, without any mountains, seas, or other boundaries of nature, to make any partition-wall or trench between them; and being also exempted from the first curse of disunion, which was the confusion of tongues; and being people of a like constitution of mind and body, especially in warlike prowess and disposition; and yet nevertheless have in so many ages been disjoined under several kings and governors; are now at the last, by right inherent in the commixture of our blood, united in our person and generation; wherein it hath pleased God to anoint us with the oil of gladness and gratulation above our progenitors kings of either nation. Neither can we sufficiently contemplate and behold the passages, degrees, and insinuations, whereby it hath pleased the eternal God (to whom all his works are from the beginning known and present) to open and prepare a way to this excellent work; having first ordained

1 So corrected in the MS. from "We therefore taking counsel of the Providence of God (which is the only vision and revelation which now remaineth, when all other visions and revelations are ceased), do manifestly discern and in all humbleness acknowledge."

244 even our God," crossed out in MS.