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 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.

and Patri

For receits and finances, I see no question will 7. Receits, arise, in regard it will be matter of necessity to esta- Finances, blish in Scotland a receit of treasure for payments monies and erogations to be made in those parts: and for the of the treasure of spare, in either receits, the custodies there- Crown. of 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.

8. Admi

For admiralty or navy, I see no great question will ralty, arise; for I see no inconvenience for your majesty to Navy, and Merchan- continue shipping in Scotland. And for the jurisdicdising. tions of the admiralties, and the profits and casualties

9. Free

Liberties.

of them, they will be respective unto the coasts, overagainst 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 Scotish. For to leave trade free in the one nation, and to have it restrained in the other, may percase breed some inconvenience.

For freedoms and liberties, the charters of both doms and 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.

10. Taxes

posts.

But for, imposts and customs, it will be a great and Im- 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 Scotish 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 that was reposed in me, and chiefly in your majesty's benign and gracious acceptation.

THE MOST HUMBLE

CERTIFICATE OR RETURN

OF THE

COMMISSIONERS OF ENGLAND AND SCOTLAND,

AUTHORISED TO TREAT OF

AN UNION FOR THE WEAL OF BOTH REALMS:

2 JAC. I. [PREPARED, BUT ALTERED.]

WE the commissioners for England and Scotland respectively named and appointed, in all humbleness do signify to his most excellent majesty, and to the most honourable high courts of parliament of both realms, that we have assembled ourselves, consulted and treated according to the nature and limits of our commission; and forasmuch as we do find that hardly within the memory of all times, or within the compass of the universal world, there can be shewed 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 limitany 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 follow next in order, that the commerce between both nations be set open and free, so as the commodities and provisions of either may pass and flow to and fro, without any stops or obstructions, into the veins of the whole body, for the better sustentation and comfort of all the parts with caution nevertheless, that the vital nourishment be not so drawn into one part, as it may endanger a consumption and withering of the other.

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,