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 Disputa∣tion 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 Que∣stion 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 di∣division of Criminal and Civil; and those of Criminal Causes, into Capital and Penal.

Page  59 The second Question therefore is, Allowing the gene∣ral Union of Laws to be too great a Work to embrace, whe∣ther 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 other∣wise 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 uni∣formity of Law and Punishment? As for example, a Per∣jury committed in a Court of Justice in Scotland, cannot be prejudicial in England, because Depositions taken in Scot∣land, 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 Eng∣lish 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 there∣fore, had need to be bridled with as severe a Law in Scotland, as it is here in England.

Page  60Of this kind, there are many Laws.

The Law of the 50. of Rich. the 2. of going over with∣out 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 Com∣modities, 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, with∣out 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 seve∣rity 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 8th. Cap. 13. any Treason committed in Scotland, may be proceeded with in England, as well as Treasons committed in France, Rome, or elsewhere.