Selected quad for the lemma: cause_n
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A28102
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A discourse of the happy union of the kingdoms of England & Scotland dedicated in private to King James I / by Francis Lord Bacon.; Briefe discourse touching the happie union of the kingdomes of England and Scotland
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Bacon, Francis, 1561-1626.
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1700
(1700)
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Wing B281; ESTC R15038
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12,436
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24
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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 Pugitives the Case of Incest the Case of Simony and the rest But the Question that is more urgent than any of these is whether there Cases at the least be they of a higher or inferiour degree wherein the Fact committed or Act done in Scotland may prejudice the State and Subjects of England or e converso are not to be reduced into one Vniformity 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 is here in England Of this kind there are many Laws The Law of the 50th 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 into 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. K. Hen. the 8. 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 Process 6 Courts of Justice and Administration of Laws 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 the 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 mean without Appeal or Errour is any Impediment at all to the Vnion 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 Councels at York and the Marches of Wales established But it may be a 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 Councel 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 For Receipts and Finances I see no Question will arise 7 Receits Finances and Patrimonies of the Crown In regard it will be Matter of Necessity to establish in Scotland a Receit of Treasure for Payments and Erogations to be made in those parts And for the Treasure of Spare in either Receipts the Customs thereof may well be several considering by your Majesties Commandment they may be at all times removed or disposed according to your Majesties 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 Dutchies and Honours compounded of the Possessions of both Nations as shall be thought fit For Admiralty or Navy 8 Admiralty Navy and Merchandizing I see no great Question will arise For I see no Inconvenience for your Majesty to continue Shipping in Scotland And for the Jurisdictions of the Admiralities and the Profit and Casualties of them they will be respective unto the Coasts over against which the Seas lye and are situated As it is here with the Admiralties of England And for Merchandizing it may be a Question whether that the Companies of the Merchant Adventurers of the Turkie 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 Inconveniency For Freedoms and Liberties the Charters of both Nations may be vevived 9 Freedom and Libertie 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 10. Taxes and Imposts it will be a great Question how to accomodate 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 Majesties 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 Majesties Royal Judgment and the Judgment of Wiser Men whom you will be pleased to call to it Wherein I will not presume to perswade or disswade any thing Nor to interpose my own Opinion But do expect Light from your Majesties Royal Directions unto the which I shall ever submit my Judgment and apply my Travail 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 Majesties benign and gracious Acceptation FINIS