ARTICLES Touching The UNION OF England and Scotland.   

A DISCOURSE OF THE Happy Union OF THE KINGDOMS OF England & Scotland: Dedicated in Private to King JAMES I. By FRANCIS Lord BACON.  
LONDON, Printed by Tho. Milbourn, and Sold by A. Baldwin in Warwick-Lane, 1700.   

A Discourse of the Happy Union, etc.  
OF this Discourse there is Two Parts: The First Part is Philosophical, and there needs this only to be Noted.  
There are Two several Kind's of Policy (says he) in Uniting and Conjoining of States and Kingdoms: The one, to retain the Ancient Form still Severed, and only Conjoined in Sovereignty: The other, to superinduce a New Form agreeable and convenient to both. The former hath been usual, and is easy: But the Latter, more happy. Of the Form whereby States and Kingdoms are perfectly United, there are (besides the Sovereignty itself) Four in Number, viz. Union in Name, Union in Language, Union in Laws, and Union in Employments.  
In his Second Part, waving his Compliments to the King, I will come to the Business, and thus he writes.  
My Purpose is only to break this Matter of the Union into certain short Articles and Questions, and to make a certain kind of Anatomy or Analysis of the Parts and Members thereof; not that I am of Opinion that all the Questions which I now shall open, were fit to be in the Consultation of the Commissioners propounded. For I hold nothing so great an Enemy to good Resolution, as the making of too many Questions, specially in Assemblies, which consist of many. For Princes, for avoiding of Distraction, must take many things by way of Admittance; and if Questions must be made of them, rather to suffer them to arise from others, than to Grace them, and Authorise them as propounded for themselves. But unto your Majesty's private Consideration, to whom it may better sort with me rather to speak as a Remembrancer, than as Counsellor, I have thought good to lay before you all the Branches, Lineaments, and Degrees of this Union, that upon the View and Consideration of them and their Circumstances, your Majesty may the more clearly discern, and more readily call to mind which of them is to be embraced, and which to be rejected: And of these, which are to be accepted, which of them to be presently to be proceeded in, and which to be put over to further time; and again which of them shall require Authority of Parliament, and which are fit to be effected by your Majesty's Royal Power and Prerogative, or by other Policies or Means: And Lastly, which of them is liker to pass with Difficulty and Contradiction, and which with more Facility and Smoothness.  
First therefore to begin with that Question that I suppose will be out of question.  
Whether it be not meet, 
Statutes concerning Scotland, and the Scottish Nation.  that the Statutes, which were made touching Scotland, or the Scottish Nation, while the Kingdoms stood severed, be Repealed?  
It is true, there is a Diversity in these: For some of these Laws consider Scotland as an Enemy Country; others Laws consider it as a Foreign Country only: As for Example, the Law of Rich. 2. Anno 7th. which prohibiteth all Armour or Victual, to be carrryed to Scotland: And the Laws of 7th. of K. H. the 7th. that Enacteth all the Scottish Men to departed the Realm within a Time prefixed: Both these Laws, and some others, respect Scotland as a Country of Hostility; But the Laws of 22. of Edward 4th. that endueth Barwick with the Liberty of a Staple, where all Scottish Merchandizes should resort that should be uttered for England: And likewise all English Merchandizes that should be uttered for Scotland. This Law beholdeth Scotland, only as a Foreign Nation; And not so much neither; For there have been erected Staples, in Towns of England, for some Commodities, with an Exclusion and Restriction of other Parts of England.  
But this is a Matter of the least Difficulty; 
Laws Customs Commissions, Officers, of the Borders or Marches.  your Majesty shall have a Calendar made of the Laws, and a Brief of the Effect: And so you may judge of them: And the like, or Reciproque is to be done by Scotland, for such Laws as they have concerning England and the English Nation.  
The Second Question is, what Laws, Customs, Commissions, Officers, Garrisons, and the like, are to be put down, discontinued, or taken away, upon the Borders of both Realms.  
This Point, because I am not acquainted with the Orders of the Marches, I can say less.  
Herein falleth that Question, whether that the Tenants, who hold their Tenant Rights in a greater Freedom and Exemption, in Consideration of their Service upon the Borders; And that the Countries themselves, which are in the same respect discharged of Subsidies and Taxes, should not now be brought to be in one degree with other Tenants and Countries; Nam cessante causa tollitur Effectus; wherein in my Opinion, some time would be given, Quia adhuc eorum Messis in Herba est: But some present Ordinance would be made to take effect at a future time, considering it is one of the greatest Points and Marks of the Division of the Kingdoms. And because Reason doth dictate, that where the principal Solution of Continuity was, there the Healing and Consolidating Plaster should be chief applied; There would be some further Device, for the utter and perpetual Confounding of those Imaginary Pounds, (as your Majesty termeth them;) And therefore it would be considered, whether it were not convenient to Plant and Erect, at Carlisle, or Barwick, some Counsel, or Court of Justice, the Jurisdiction whereof, might extend part into England, and part into Scotland; With a Commission, not to proceed precilely, or merely, according to the Laws and Customs, either of England or Scotland, but mixedly, according to Instruction, by your Majesty to be set down, after the Imitation, and Precedent of the Counsel of the Marches here in England, Erected upon the Union of Wales.  
The Third Question is that which many will make a great Question of, 
Further Union besides the Removing of Inconvenient and diffenting Laws and Usages.  though perhaps your Majesty will make no Question of it; And that is, Whether your Majesty should not make a stop or stand here, and not to proceed to any further Union, contenting yourself with the two former Articles or Point.  
For it will be said, That we are now well, (thanks be to God;) And your Majesty, and the State of neither Kingdom is to be repent of, And that it is true which Hypocrates saith; That, Sana Corpora difficile medicationes ferunt: It is better to make Alterations in sick Bodies, than in sound. The Consideration of which point, will rest upon these two Branches: What Inconveniencies will ensue with time, if the Realms 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 Inconveniencies; 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 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 perfect and entire Union, 
Points wherein the Nations stand already united.  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.  
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 enwrapped and included in them.  
For the Sovereignty, 
Sovereignty Line Royal.  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, than the descent of both Realms doth resort to the several Lines of the Several Bloods Royal.  
For Subjection, I take the Law of England to be clear, 
Subjection Obedience.  (what the Law of Scotland is I know not) That all Scottishmen from the very Instant of your Majesty's Reign begun, are become Denizens, and the Postnati are naturalised Subjects of England for the time forwards: 
Alien Naturalisation.  For by our Laws none can be an Alien, but he that is of another Allegiance, than our Sovereign Lord the Kings; 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 State in Amity with the King, and the latter a Subject of a State in Hostility: But whether he be one o'th' other, it is an Essential Difference unto the Definition of an Alien; if 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 Naturalisation 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 Anto Nati, the Blood is not by Law naturalised, so as they cannot take it by descent from their Ancestors without Act of Varliament. And therefore in this Point there is a defect in the Union of Subjection.  
For matter of Religion, 
Religion, Church-Government  the Union is perfect in points of Doctrine, but in matter of Discipline and Government, it is imperfect.  
For the Continent, 
Continent, Borders.  it is true, there are not natural Boundaries of Mountains or Seas, or Navigable Rivers, but yet there are Badges and memorial of Borders, of which point I have spoken before.  
For the Language, 
Language, Dialect.  it is true, the Nations are unius Labii, 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 lest 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 it 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, 
Leagues, Confederacies, Treaties.  that neither Nation is now in Hostility with any State, where with 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 into Internal.  
The External Points therefore of the separation are four. 
External points of the Separation and Union.   

1. The several Crowns, I mean the Ceremonial and Material Crowns.  
2. The second is the several Names, Styles, 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 Ceremonial or Malerial 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 srame 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 Queons, 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, than 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.  
For the Name, 
The Styles and Names  the main Question is, whether the Contradicted Name, of Britain shall be by your Majesty used, or the Divided Names of England and Scotland.  
Admitting there shall be an Alteration, than the Case will require these inferior Questions.  
First, Whether the Name of Britain shall not only be used in your Majesty's Style, whether the entire Style 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 Style 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 Angliae; 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 South-britains', and North Britain's, and so in the Example aforesaid, the Tenor of the like Clause to run Secundum Consuetudinem Britanniae Australis.  
Also if the former of these shall be thought convenient, whether it were not better for your Majesty to take that Alteration of Style upon you by Proclamation, as Edward the Third did the Style of France, than to have it Enacted by Parliament.  
Also in the Alteration of the Style, 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 possessed of Ireland as your Majesty is; So as your Style 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 Style 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  or employed Alteration of Laws, likewise satisfied. But than 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; 
The Seals.  that there should be but 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, which nevertheless is requisite should be, with some one plain of manifest Alteration, lest there be a buzz, and suspect that Grants of Things in England, may be passed by the Seal of Scotland, or e converso.  
Also, 
The Standards and Stamps, Moneys.  whether this Alteration of Form, may not be done without Act of Parliament, as the Great Seals have used to be heretofore changed as to their Impressions.  
For the Moneys, as to the Real and Internal Consideration thereof, the Question will be, whether your Majesty should not continue two Mints, (which the Distance of Territory considered) I suppose will be of Necessity.  
Secondly, how the Standards (if it be not already done, as I hear some doubt made of it in popular Rumour) may be reduced into an exact proportion for the time to come; And likewise the Computation, Tale or Valuation to be made exact for the Moneys already beaten.  
That done, the last Question is, (which is only proper to this place) whether the Stamp or the Image and Superscription of Britain, for the time forwards should not be made the self same in both places, without any difference at all. A matter also which may be done as our Law is, by your Majesty's Preragative without Act of Parliament.  
Those Points are Points of Demonstration Ad faciendum populum, but so much the more they go to the Root of your Majesty's Intention, which is to imprint and inculcate into the Hearts and Heads of the People, that they are one People and one Nation.  
In this kind also, I have heard it pass abroad in Speech of the Erection of some new Order of Knighthood, with a Reference to the Union, and an Oath appropriate thereunto, 
Internal Points of Union.  which is a Point likewise deserveth a Consideration. So much for the External Points.  
The Internal Points of Separation, are as followeth.  

1. Several Parliaments.  
2. Several Counsels of Estate.  
3. Several Officers of the Crown.  
4. Several Nobilities.  
5. Several Laws.  
6. Several Courts of Justice, Trials, and Pracesses.  
7. Several Receipts and Finances.  
8. Several Admiralties and Merchandizing.  
9 Several Freedoms and Liberties.  
10. Several Taxes and Imposts.   
As touching the several States Ecclesiastical, and the several Mints and Standards, and the several Articles and Treaties and Intercourse with Foreign Nations, I touched them before.  
In these Points of the strait and more inward Union, there will intervene one principal Difficulty and Impediment growing from that Root, which Aristole in his Politics maketh to be the Root of all Division and Dissension in Common Wealths, and that is Equality and Inequality. For the Realm of Scotland is now an Ancient and Noble Realm, substantive of itself. But when this Island shall be made Britain, than Scotland is no more to be considered as Scotland, but as a part of Britain; no more than England is to be considered as England, but as a Part likewise of Britain, and consequently neither of these are to be considered as things entire of themselves, but in the Proportion that they bear to the whole. And therefore let us imagine (Nam id monte possumus, quod actu non possumus) that Britain had never been divided, but had ever been one Kingdom, than the part of Soil, or Territory, which is comprehended under the Name of Scotland, is in quantity (as I heard it esteemed, how truly I know not) not past a Third Part of Britain; and that Part of Soil or Territory which is comprehended under the Name of England, is Two Parts of Britain, leaving to speak of any Difference of Wealth or Population, and speaking only of Quantity. So than if for Example Scotland should bring to Parliament as much Nobility as England, than a Third Part should countervail Two Parts; Nam si inequalibus aequalia addas omnia erunt Inaequalia. And this I protest before God and your Majesty, I do speak not as a Man born in England, but as a Man born in Britain. And therefore to descend to the Particulars.  
For the Parliaments, 
1. Parliament.  the Consideration of that Point will fall into Four Questions.  
1. The First, What Proportion shall be kept between the Votes of England, and the Votes of Scotland.  
2. The Second, Touching the Manner of Proposition, or possessing of the Parliament of Causes there to be handled; which in England is used to be done immediately by any Member of the Parliament, or by the Prolocutor, and in Scotland is used to be done immediately by the Lords of Articles, whereof the one Form seemeth to have more Liberty, and the other more Gravity, and Maturity, and therefore the Question will be, whether of these shall yield to other, or whether there should not be a Mixture of both, by some Commissions precedent to every Parliament in the Nature of Lords of the Articles, and yet not excluding the liberty of propounding in full Parliament afterwards.  
3. The Third, Touching the Orders of Parliament, how they may be compounded, and the best of either taken.  
4. The Fourth, How those which by Inheritance or otherwise, have Offices of Honour and Ceremony in both the Parliaments, as the Lord Steward with us, etc. may be satisfied, and Duplicity accommodated.  
For the Counsels of Estate, 
2 Counsels of Estate.  while the Kingdoms stand divided, it should seem necessary to continue several Counsels, but if your Majesty should proceed to a strict Union, then howsoever your Majesty may establish some Provincial Counsels in Scotland, as there is here of York, and in the Marches of Wales, yet the Question will be, whether it will not be more convenient for your Majesty, to have but one Privy Council about your Person, whereof the Principal Officers of the Crown of Scotland to be for Dignity sake, howsoever their abiding and remaining may be as your Majesty shall employ their Service. But this Point belongeth merely and wholly to your Majesty's Royal Will and Pleasure.  
For the Officers of the Crown, 
3. Officers of the Crown.  the Consideration thereof will fall into these Questions.  
First, In regard of the Latitude of your Kingdom, and the Distance of Place, whether it will not be matter of necessity to continue the several Officers, because of the Impossibility for the Service to be performed by one.  
The Second, Admitting the Duplicity of Officers should be continued, yet whether there should not be a difference that one should be the Principal Officer, and the other to be but Special and subaltern: As for example, one to be Chancellor of Britain, and the other to be Chancellor with some special Addition, as here of the Duchy, etc.  
The Third, If no such Speciality or Inferiority be thought fit, then whether both Officers should not have the Title and the Name of the whole Island and Precincts: As the Lord Chancellor of England to be Lord Chancellor of Britain; And the Lord Chancellor of Scotland, to be Lord Chancellor of Britain, but with several Provisoes, that they shall not intromit themselves, but within their several Precincts.  
For the Nobilities, 
4 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 Majesty's Style, and according to the Nobility of Ireland; that is, all English Earls first, and than Scottish will be thought unequal for Scotland. To Marshal them according to Antiquity, will be thought unequal for England. Because I hear the 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.  
For the Laws, 
5. 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 Digest, 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 Corpse 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 Division 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 Proceed or Trials; That is to say, whether the same Offences were not fit to be made Treason or Felony in both places?  
The third Question is, whether Cases Penal, though not Capital, yet if they concern the Public 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 Praemunire, 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 inferior 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 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 foreign 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 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.  
Treason's 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 Sovereign of last resort; (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 helped in some part by the Circuits of the Judges; And the two Counsels 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 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.  
For Receipts and Finances, I see no Question will arise; 
7 Receipts, Finances, and Patrimonies of the Crown.  In regard it will be Matter of Necessity to establish in Scotland, a Receipt 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 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 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 lie, 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 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 Inconveniency.  
For Freedoms and Liberties the Charters of both Nations may be vevived: 
9 Freedom and Liberty.  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 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) than 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 Naturalisation, 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 Judgement, and the Judgement 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 my own Opinion; But do expect Light from your Majesty's Royal Directions, unto the which I shall ever submit my Judgement, 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 chief in your Majesty's benign and gracious Acceptation.  
FINIS.