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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A28517 The union of the two kingdoms of Scotland and England, or, The elaborate papers of Sir Francis Bacon ... Bacon, Francis, 1561-1626.; Irvine, Christopher, fl. 1638-1685. 1670 (1670) Wing B340; ESTC R338 40,143 72

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Britain But with several Proviso's that they shall not intromit themselves but within their several Precincts 4. Nobilities For the Nobilities the consideration thereof will fall into these Questions The first of their Votes in Parliament which was touched before what proportion they shall bear to the Nobility of England Wherein if the proportion which shall be thought fit be not full yet your Majesty may out of your Prerogative supply it For although you cannot make fewer of Scotland yet you may make more of England The second is touching the Place and Precedence wherein to marshal them according to the Precedence of England in your Majesties Stile and according to the Nobility of Ireland that is all English Earls first and then Scots will be thought unequal for Scotland To marshal them according to Antiquity will be thought unequal for England because I hear their Nobility is generally more ancient And therefore the Question will be whether the indifferentest way were not to take them interchangeably As for example first the ancient Earl of England and then the ancient Earl of Scotland And so Alternis vicibus 5. Laws For the Laws to make an entire and perfect Union it is a matter of great difficulty and length both in the collecting of them and in the passing of them For first as to the collecting of them there must be made by the Lawyers of either Nation a Disgest under Titles of their several Laws and Customs as well Common Laws as Statutes that they may be collated and compared and that the diversities may appear and be discerned of And for the passing of them we see by experience that Patrius Mos is dear to all men and that men are bred and nourished up in the love of it and therefore how harsh Changes and Innovations are And we see likewise what Disputation and Argument the alteration of some one Law doth cause and bring forth How much more the alteration of the whole Corps of the Law Therefore the first Question will be whether it be not good to proceed by parts and to take that that is most necessary and leave the rest to time The parts therefore or subject of Laws are for this purpose fitliest distributed according to that ordinary didivision of Criminal and Civil and those of Criminal Causes into Capital and Penal The second Question therefore is Allowing the general Union of Laws to be too great a Work to embrace whether it were not convenient that Cases Capital were the same in both Nations I say the Cases I do not speak of the Proceedings or Trials That is to say whether the same Offences were not fit to be made Treason or Fellony in both places The third Question is whether Cases Penal though not Capital yet if they concern the Publick State or otherwise the discipline of Manners were not fit likewise to be brought into one degree As the case of Misprision of Treason the Case of Premunire the Case of Fugitives the Case of Incest the Case of Simony and the rest But the Question that is more urgent then any of these is Whether these Cases at the least be they of an higher or inferiour degree wherein the Fact committed or Act done in Scotland may prejudice the State and Subjects of England or è converso are not to be reduced to one uniformity of Law and Punishment As for example a Perjury committed in a Court of Justice in Scotland cannot be prejudicial in England because Depositions taken in Scotland cannot be produced and used here in England But a Forgery of a Deed in Scotland I mean with a false date of England may be used and given in evidence in England So likewise the depopulating of a Town in Scotland doth not directly prejudice the State of England But if an English Merchant shall carry Silver and Gold into Scotland as he may and thence transport it into Forraign Parts this prejudiceth the State of England and may be an evasion to all the Laws of England ordained in that case and therefore had need to be bridled with as severe a Law in Scotland as it is here in England Of this kind there are many Laws The Law of the 50. of Rich. the 2. of going over without Licence if there be not the like Law in Scotland will be frustrated and evaded For any Subject of England may go first into Scotland and thence into Forraign parts So the Laws prohibiting transportation of sundry Commodities as Gold and Silver Ordnance Artillery Corn c. 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 to Forraign 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 even for English Subjects to escape and avoid the Laws of England But for Treasons the best is that by the Statute of 26. King Hen. the 8 th Cap. 13. any Treason committed in Scotland may be proceeded with in England as well as Treasons committed in France Rome or elsewhere 6. Courts of Justice and Administration of Laws 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 Soveraign of last resort I mean without appeal or errour 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 alwayes of opinion that the Subjects of England do already fetch Justice somewhat far off more then 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