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Show 2 · c oufells of E.Hate. 3· Officers of the Crown 4.Nobiliries. A Difcourfo of the Vnion, of England, and Scotland I of propounding, in full ParliametJ.t, afterwards.. . 3· The Third, touching the orders of_Parlrament, how they may be compounded, and the bdr, of euher, taken. 4· The Fourth,how thofe,which by In~eritance,or other·~ wife, have o_ffices of Honour, ~nd Ceremony, tn both ~he l'arl~a- . ments, as the Lord Steward, wnh us) &c. may be faus fied, and Duplicity accommodated. · · For the Co:mceUs of Eftate,· while t~eKingdomes fiand d ivided, it fhould feem neceffary, to conunue feve:all Cmm· cells; But, if your Jl,fajrfiy > fuould proceed to a finet V nion, th en, howfoever your hlajefty, may efrablHh, fo.me Provincidll CounceUs in Scotland as there is here,ofYorfte, and Hi the Marches of Wales~ Yet the Qu.efrion will be, whether it will not be, more convenient for your Majejiy, to have but cne Trivy Councel_l , about y~ur rerfon; Whereof, the Princ~pa!l officer~, of the Crownofscotland to be,for Dignity f3k e,howfoever, thetr Abiding, and R.u11:aini~g,may be,;s your .lJJtTjejiy, fhaJlimploy their Service. But thisPoint, belongeth, meendy, and wholy , to your .Afdjefliei Royall ¥lill,and Pleafure. For the olfic~rs, of the Crown, the Confideration thereof) will fall into thefe Quefiions. Firfr, in regard, of the Latibude, of your Kingdom, and the Di{ttmce ofPlttce, whether it will not be Matter of neceffity, to contiuue the feverall officers, becaufe of the Impoj[wility, for the fervice, to be performed, by one. . ' . The Second, admitting, the Duplicity ,of ojficers,fhould be cont inued, yet, whether there ibquld not be a Difference, that one iliould be the rri~tcipall officer, and the other, to be, but Speciall, and Subalterne: As for example, one ~o be chaneellmtr ofEritam, and the mher, to be chancello~r, wtth fome fpe-ciall Addition ; As here of the Dutchy, &c. . The Third, if no fuch fpecialty, or Inferiority; be thought fit , then whether both ojji_ctrJ, R1ould ~ot have the Title, and the Name, of the whole jfland,and Prccznc/J: As the Lord Chanceller ofE1:1glanal, to be, Lord C hanceUer ofEritain ; And _ the Lord Chanceller of Scotland, to be, Lord chan~eller of.Britain ; But with feverall provifo's, that they fuall not,tntromtt themfd ve~, but within their feverall precincts. . For the NobilitieJ, the Confideration thereof, will fall in-to thefe !f2.!!e.flions. • The Firft, of their Votes~ in Parliament, (whtch.was touch-ed before,) what proportion they iball bear, to the Nobility of England: Wherein, if the Proportion, which iball be thought fi t, be not full, yet your Majejly may:) out of your Prerogative, fupply it: For although, you cannot make fewer:.of scotle~nd, yet you may make more of England. The Second is, touching the Pl11ce, and Precedence; wherein, to mar{hall them, according to the Precedence of Engla~d, 111 Artic!!_J, touching the i);1ion, of England, and Scotland. in y~u r llfajeflier Stile ? And accmding, -to.t he Nobility) of Jrelrmd, Tha t is, ..a ll Englijh Earles firfi, and then &ottifb, will be thoug~t \1nequ~ll, for Scotland. T o marfhall them~ according to .Ant1q1nty, will be thought unequall or Eugland. B r. I h ear, h · l\r b·t · · ecau1e t e1r o ~ Jty)Is, generally , more ~n~cient : And there-fore, th~ Quefhon will be, whet her the indifferentefi way ~ere not, to t?kc thern e.nterchangeably; As for Example::; Ftrft, the Anctent Earl of Engl.md; And then, the Ancient Earl of Scotland; And fo, AltcrniJ Vicib11s. For the Lazvcs, to tnake an intire ;.nd perfect 'l.)nio1t it is a Matter of gr~.at Diflicu~ty, and Leng~ h; Doth i~ the col1etli12g ofth.em, and 1n the r a)fing of them. F01 f1dt as to the Coi/e[/i11, of t~~m) there mufi be made? By the LtlWJ ,.;, of either N~t101~ s. Lawe . a Difgefl, under Titles, of their feverJll f.taves, and Cliflomer; Afwell Common Laz.ves, as Statutes; That they n1ay be collated aJ?d Compared; And tha t, the I?i1JerJities, may appear>and b~ d.tfcerned of. And for the r.:Jjmg ot them') we fee, by ex pe n ence, t hat Patrir11 Mos, is dear to all men· And that Men are bred, and nourifhed up, in the Love ot jt ;JAnd 1: herefure,how h1_rfh, ch~ngcJ, and Innovatiom, arc. And we fee :-likewife, what D ~ fpu tat10n, and Argument, the .A/tcratio11 of fome one Lczw doth caufe, and bring forth; How much m~re, the Al!eratio?t: o~ t he whole corp! , of the Law .2 T herefo re, the fi rfi ~eflion Will be, wheth.er 1t be not good, to.-procced by pans, and to ta~e that, that IS n1oft neceflary, and leave the refi, to Time? Th.e Pa~·ts ! herefor , or Su_bjeet, ofLalves_are, for this purpofe, fit~1efi dtfrnb~ t~d, accordmg to that ordmary Di·vijion, of Cnmllzall, and C7Vdl; And thofe of C1·imi1r,dl Ca11feJ· into Capdal/ and Penal!. ' ' !he Second ffl.!!eftiolt, therefore, is; Allowing the GeneraJl ~1110 1/. of Lazve.r, t~ be too gr~at a vV Hk, to.embrace,whether It were n?t conventent, that c.ifi:, Capita!l, were the fnme, in ?oth NattO_ns? ~ ~ay, t.he Cr~(eJ; T do not fpeak, of the rrocGedtngs, or Tnals; I h~t IS to fc1y; whed:er the L1m.e ojfe?tces~ were not fit, to b~ made 1r~ttjon_, or Felony, 1n both pbces? · ~h~ T h1_rd J?!.!!:ft!On I ~ , whet h r cafes Pen all) though not c~p.r:al~, yet If they concern the PuiJ!iclz_Sttlte, or otherwife,the Dijc1plme of llfanners) were no t fit likcw,fc to be brongh t in- 2 . ' ' ., ) to one Deg:ee . As the c,zfe, _of 14ijprijion of 'Yreafon; The cafe of Premumre ; T he. Cafe of Fugitives; T he Cafe of Incefl ; The Cafe oLr;;imony; and the refr. . But the ff2!!eflion , th~t is more urgent) then any of thefe, is; \Y hether thefe C4es). at the leaft, be t hey of an higher, or infenour,, degrce; W herein the Fall committed, orA&donein . Scotland, may prejudice) the State;, and Sub jells~ of England, ore converfo .; Are not, to be reduced, into one Vniformity, of Law, and Ptmifhment? As for Example ; A perjury, committed, In a Court of Jujiice, in Scot!tmd, cannot be prejudiciall, .in Eng-, F f land I |
