The Early History of the Scottish Union Question: Bi-Centenary Edition — John Shaqi
The Early History of the Scottish Union Question: Bi-Centenary EditionOmond, George W. T. (George William Thomson)
History
The Early History of the Scottish Union Question: Bi-Centenary Edition
Omond, George W. T. (George William Thomson)
England -- Foreign relations -- Scotland; Scotland -- Foreign relations -- England
In the formidable contest against the national prejudices of Englishmen,
on which he was about to enter, James secured a powerful ally. Bacon had
been one of those who received the honour of knighthood on the day of
the coronation; and he lost no time in taking the king’s side on the
question of the Union, which he supported with the subtilty of a
scholiast, and with the broad views of a statesman and philosopher. To
the debates in Parliament, to the Council Board of the Commission on
Union, to the famous discussion, in the Exchequer Chamber, on the
question of the post-nati, he brought all the resources of his mind, and
threw himself into the struggle with an enthusiasm which could not
possibly have been feigned. He played the part, though without success,
which was afterwards played by Somers in the reign of Anne; and he
seems, from the very first, to have perceived with the eye of genius
exactly how far it was safe to go in the direction of abolishing
international distinctions.
His first contribution to the cause of the Union was to impress upon the
king the exact state of the case, and what were the various points which
would have to be decided. The kingdoms were, he showed, already united
in religion and in language. No sea rolled between them. The same king
reigned over both. But, nevertheless, there were separate Parliaments,
separate Councils of State, and separate offices of the Crown. There was
one peerage for England, and another for Scotland. There were two very
different systems of law, and each country had its own peculiar code of
legal procedure. All these various institutions, and, in addition, a
mass of minor details of greater or less importance, would have to be
considered in adjusting the terms of Union.[47]
On the knotty question of whether there should be an uniformity of laws,
Bacon, from the outset, in opposition to the opinion of the judges and
of the majority of English lawyers, maintained that, while the public
law of the United Kingdoms should be assimilated, the private law of
each country should be left untouched; a conclusion which was arrived at
a century later, when the Union was actually accomplished. “For,” he
said, “that which concerneth private interest of _meum_ and _tuum_, in
my opinion, it is not at this time to be meddled with. Men love to hold
their own as they have held, and the difference of this law carrieth no
mark of separation.”[48]
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