House of Commons Journal Volume 1: 21 November 1606

Veneris, 21o Novembris, 1606

Corporations.

UPON Motion, more Committees were added for the Bill touching Grants made to Corporations; viz. Mr. Lieutenant of the Tower, Sir Walter Cope, Sir John Bennett, Mr. Recorder of London, Mr. James, Mr. Prowse, Mr. Bryers, Mr. Gore, Mr. Hoskins, Mr. Brock, Sir Tho. Smyth, Mr. Yaxley, Mr. Oldsworth, Mr. Pettus, Sir Thomas Crompton, Sir Geo. Sommers, Mr Durdunt: - To meet on Monday next, in the Middle Temple Hall.

Union with Scotland.

The Instrument of the Union, signed and sealed by Thirty-nine English, and Twenty-eight Scottish Commissioners, was read at large by the Clerk, and opened to the House in a Brief by Mr. Speaker: The Tenor whereof followeth:

FORASMUCH as by the princely Care and Providence of the King's most excellent Majesty, and in his sincere Love and Affection to the Subjects of both his Kingdoms of England and Scotland, now most happily conjoined and united in loyal Subjection unto his Royal Person and Progeny, and by the Wisdom of the several Parliaments of both Realms, holden this Year in the said several Kingdoms, it hath been thought and adjudged meet and necessary, that, by some mature and sound Deliberation, all Means might be found out and considered of, whereby the blessed Union, already begun, and inherent in his Majesty's Royal Blood and Person, by the lineal and lawful Descent from his Majesty's Ancestors, most famous and worthy Kings of both Realms, may effectually proceed, not only to a farther Conjunction and Mereness [a] of mutual Love and Friendship between all the Subjects and People (so straitly united together under One Dominion and natural Sovereign) but to such an Uniformity in all things else, as may give a full Perfection to that complete Union of both Kingdoms, which is most heartily desired for the common Good of the same : And whereas by the several Acts of the said Parliament, we, whose Names are under written, have been nominated, appointed, and authorised Commissioners for that End and Purpose, to treat together, and consult of all such Matters, Causes, and Things whatsoever, as should be thought fit and necessary to be propounded by us, and enacted by them, all tending to the Weal publick of both Crowns ; as by the said Acts of Parliament more largely is expressed and declared, the Tenor whereof ensue:

An ACT authorising certain Commissioners of the Realm of England to treat with Commissioners of Scotland, for the Weal of both Kingdoms.

Anno regni Jacobi, Regis Angliae, Scotiae, Franciae, et Hiberniae, viz. Angliae, Francae, et Hiberniae, primo, et Scotiae, 37o.

WHEREAS his most excellent Majesty hath been pleased, out of his great Wisdom and Judgment, not only to represent unto us, by his own prudent and princely Speech on the first Day of this Parliament, how much he desired, in regard of his inward and gracious Affection to both the famous and ancient Realms of England and Scotland, now united in Allegiance and loyal Subjection, in his Royal Person, to his Majesty and his Posterity for ever, that, by a speedy, mature, and sound Deliberation, such a further Union might follow, as should make perfect that mutual Love and Uniformity of Manners and Customs, which Almighty God, in his Providence, for the Strength and Safety of both the Realms, hath already so far begun, in apparent Sight of all the World; but also hath vouchsafed to express, many Ways, how far it is and ever shall be, from his royal and sincere Care and Affection to the Subjects of England, to alter or innovate the fundamental and ancient Laws, Privileges, and good Customs of this Kingdom, whereby not only his legal Authority, but the People's Security of Lands, Livings, and Privileges, both in general and particular, are preserved and maintained, and by the Abolishing or Alteration of the which, it is impossible but that present Confusion will fall upon the whole State and Frame of this Kingdom: Forasmuch as his Majesty's humble, faithful, and loving Subjects, have not only conceived the Weight of his Majesty's Reasons, but apprehend, to their unspeakable Joy and Comfort, his plain, clear, and gracious Intention, to seek no other Changes or Alteration, but of such particular, temporary, or indifferent Manner of Statutes and Customs, as may both prevent and extinguish all and every future Questions, or unhappy Accidents, by which the perfect and constant Love, and Friendship, and Quietness, between the Subjects of both the Realms aforesaid, may be completed and confirmed, and also perform and accomplish that real and effectual Union, already inherent in his Majesty's Royal Blood and Person, and now desired by his Majesty to be performed and brought to an End, for the Weal of both Kingdoms, by this Course following; be it therefore enacted by the King's most excellent Majesty, by and with the Assent and Consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by Authority of the same, that Thomas Lord Ellesmere, Lord Chancellor of England, Thomas Earl of Dorsett, Lord Treasurer of England, Charles Earl of Nottingham, Lord High Admiral of England, Henry Earl of Southampton, William Earl of Pembrook, Henry Earl of Northampton, Richard Bishop of London, Toby Bishop of Duresme, Anthony Bishop of St. David's, Robert Lord Cecill, principal Secretary to his Majesty, Edward Lord Zouch, Lord President of Wales, William Lord Mounteagle, Raphe Lord Eure, Edmond Lord Sheffeild, Lord President of the Council in the North, Lords of the Higher House of this present Parliament ; and Thomas Lord Clinton, Robert Lord Buckhurst, Sir Francis Hastings Knight, Sir John Stanhope, Knight, Vice-chamberlain to the King's Majesty, Sir John Herbert Knight, second Secretary to his Majesty, Sir

George Carewe Knight, Vice-chamberlain to the Queen's Majesty, Sir Thomas Strickland Knight, Sir Edward Stafford Knight, Sir Henry Nevill, of Barkshire, Knight, Sir Richard Bulkley Knight, Sir Henry Billingsley Knight, Sir Daniel Dun Knight, Dean of the Arches, Sir Edward Hobbie Knight, Sir John Savill Knight, Sir Robert Wroth, Knight, Sir Thomas Challoner Knight, Sir Robert Maunsell Knight, Sir Thomas Ridgway Knight, Sir Thomas Holcroft Knight, Sir Thomas Hesketh Knight, his Majesty's Attorney of the Court of Wards and Liveries, Sir Francis Bacon, Knight, Sir Lawrence Tanfield Knight, Serjeant at Law, Sir Henry Hubbard Knight, Serjeant at Law, Sir John Bennet Knight, Doctor of the Laws, Sir Henry Wythrington, Sir Raphe Gray, and Sir Thomas Lake, Knights; Robert Askwith, Thomas James, and Henry Chapman, Merchants ; Knights, Citizens, and Burgesses of the House of the Commons of this Parliament (Commissioners selected and nominated by Authority of this present Parliament) or any Eight or more of the said Lords of the said Higher House, and any Twenty or more of the said Knights, Citizens, and Burgesses of the said House of the Commons, shall, by Force of this Act, from and after the End of this present Session of Parliament, have full Power, Liberty, Commission, and Authority, at any Time or Times before the next Session of this Parliament, to assemble and meet, and thereupon to treat and consult with certain selected Commissioners, to be nominated and authorised by Authority of Parliament of the Realm of Scotland, according to the Tenor or Purport of their Authority or Commission in that behalf, of and concerning such an Union of the said Realms of England and Scotland, and of and concerning such other Matters, Causes, and Things whatsoever, as, upon mature Deliberation and Consideration, the greatest Part of the said Lords of the said Higher House, which so shall be assembled, as is aforesaid, and the greatest Part of the said Knights, Citizens, and Burgesses of the said House of the Commons, which also shall be so assembled, as is aforesaid, and the Commissioners, to be nominated and authorised, as is aforesaid, by the Parliament of the Realm of Scotland, according to the Tenor or Purport of their Authority or Commission in that behalf, shall, in their Wisdoms, think and deem convenient and necessary, for the Honour of His Majesty, and the Weal and common Good of both the said Realms, during his Majesty's Life (which Almighty God long preserve) and under all his Royal Progeny and Posterity forever: Which Commissioners of both the said Realms shall, according to the Tenor or Purport of their said Authorities or Commissions in that behalf, reduce their Doings and Proceedings therein, into Writings or Instruments, tripartite, every Part to be subscribed and sealed by them ; to the end that One Part thereof may in all Humbleness be presented to his most excellent Majesty ; the second Part thereof to be offered to the Consideration of the next Session of this Parliament for the Realm of England; and the third to be offered to the Consideration of the next Parliament for the Realm of Scotland; that thereupon such further Proceedings may be had, as by both the said Parliaments shall be thought fit and necessary, for the Weal and common Good of both the said Realms.

The Act of the Parliament of Scotland, anno regni Jacobi Regis, ut supra.

Contentment, and to the Weale and Tranquillitie of both the Kingdomes, during his Majestie's Life (which the ever-living God long continue) and during his Royall Posteritie, in blissit Tranquillitie to the Warldis End, as, upon mature Deliberation, the greitest Part of the saidis Commissioners, assemblit as is aforesaid, with the Commissioners authorizit by the Parliament of England, sall, in their Wisdomes, thinck most expedient and necessary; nor derogating alwaies to any fundamentall Lawes, ancient Priviledges, Offices, Rights, Dignities, and Liberties of this Kingdome of Scotland, as is aforesaid: And that the Commissioners of both the saidis Realities, according to the Tenor of their Commission in that behalf, set downe their Proceedings in three [a] several Writings, every ane of thame to be subscrivit and sealit by thame; to the end that every ane of thame may be in all Humilitie presentit to his most sacred Majestie; the second to be presented to the Consideration of the next Session of Parliament for the Realme of Scotland; and the third to be offered to the Consideration of the next Session of Parliament for the Realme of England; that thereefter sic Order may be tane theirein, as both the saidis Parliaments thincks expedient for his Majesties Satisfaction, and Benefitt of both the said Kingdomes.

Extractum de libris actorum Parliamenti praed. per me dominum Skene, de

Curryhill, militem, clericum, rotulorum registri ac consilii S. D. W. Regis, sub meis signo et subscriptione manualibus.

WE therefore, in respect of that Duty which we owe to Almighty God, and of our loyal and humble Affection to his Majesty, our natural Care of our Countries Preservation, and for Discharge of that great Trust and Confidence, which it hath pleased both the said Parliaments, with so great Favour and Honour, to repose in us, having, according to the Authority of our Commission, in most friendly Manner assembled and met together, in many Days Conferences, from the twentieth Day of October until the Day and Date of these Presents; and having entered into serious Consideration of all things, that seemed, in our Judgment, most necessary to be presently treated of, and debated amongst us in this Commission; have, as far forth as the Time and present State of the Affairs of both Kingdoms could permit, briefly set down, in divers Articles, such Propositions, as by a mutual and uniform Consent we have thought expedient and necessary to be presented to the King's Majesty, and to the High Courts of Parliaments of both Kingdoms, there to receive such Strength and Approbation, as shall seem good to their great Wisdoms; not doubting, but our careful Consultations shall procure us just and favourable Interpretations, as to those, who have laboured to no other End than to prepare the readiest Way for them to effectuate that happy Union, of which his Majesty hath so religiously and graciously made mention to his People, in many zealous and prudent Speeches and Writings, and for which we only were ordained by both Parliaments to employ our best Means; wherein we submit ourselves and our Proceedings, to their great Wisdom and Understanding.

Articles agreed by the Commissioners of England and Scotland, to be mutually propounded to the Parliaments of both Kingdoms, at next Sessions.

It is agreed by the Commissioners of England and Scotland, to be mutually propounded to the Parliaments of both Realmes, at their next Sessions, that all the particular hostile Laws, hereafter enumerate, and all others of the same Nature, now omitted, and which have been made and conceived, expresly by Name, by England against Scotland, as Enemies, or by Scotland against England, as Enemies, shall be propounded to the Parliaments of both the Realms, at their next Sessions, to be abrogated and utterly extinguished ; of the which particular Laws the several Kallenders follow.

A Kallender of the Laws, Statutes, and Ordinances of England, purporting Memory of Hostility against the Realm of Scotland.

THAT none of the King's People (some Persons except) do pass out of the Realm, without the King's Licence, upon Pain of Loss of their Goods: - To be repealed, for so much as concerneth Passage into Scotland.

5 R. II. cap.2.

That no Armour, Victual, or other Refreshment, be carried into Scotland, upon Pain of Seizure and Forfeiture.

7 R. II. cap. 16.

That Letters of Mart, or Reprisal, be granted against the People of Scotland, in Case where the Subject of England hath been spoiled, and hath complained, and not received Redress: - To be repealed, so far as concerns Scotland.

break-before="2">4 H. V. cap. 7.

That March Laws be not used out of the Circuit of Three Counties.

31 H. VI. cap. 3.

That Scottishmen avoid the Land, within a Time prefixed.

7 H. VII. cap. 6.

That the conveying of Horses into Scotland, without Licence, be made Felony.

23 H. VIII. cap. 16.

That Cross-bows and Hand-guns, being forbidden in other Parts of the Realm, may, notwithstanding, be used within Five Miles of the Sea Coasts, and Twelve Miles of Scotland: - To be repealed, so far as concerns Scotland.

33 H. VIII. cap. 6.

That no Lands or Tenements be let to Scottishmen, upon the Borders.

2 et 3 P. M. c. 1.

Certain Constitutions of Boroughs and Towns, that Scottishmen may not be Mayors or Officers.

An Extract of the Laws and Statutes of the Realm of Scotland, bearing Remembrance of Hostility against the Realm of England.

23 Eliz. cap. 4.

ALL Persons remaining in England, without the King's Licence, commits Treason.

Jac. I. cap. 128.

Assurance with Englishmen, or taking Protection from them for Lands, or Goods, is Treason. Buying and selling of English Goods, forbidden, under Pain of Escheate.

Jac. I. cap. 141.

That none pass into England, in Time of War, without Licence, under the Pain of Treason.

JA. II. cap. 50.

That no Englishman come into Scotland, without Conduct; and that no Scottishman sit under Assurance with them.

JA. II. cap. 51.

That no Scottishman supply Berwick or Roxburgh, under Pain of Treason.

Ja. II. cap. 52.

That all Men be ready for Defence of the Realm against England.

Ja. II. cap. 57.

Two Acts for resisting King Edward the Fourth.

Ja. III.

The Upholding of Berwick, and Garisons upon the Borders.

Ja. III fol 67.

Scottishmen charged to leave Assurance with Englishmen.

Ma. cap. 13.

Anent assured Scottishmen assisting the English Army.

Ma. cap. 15.

Scottish Borderers discharged to marry with English Borderers Daughters.

Ja. VI. P. 11. cap. 104.

The Warden should put in Bill the Names of Englishmen that occupy Land in Scotland, and seek Redress according to the Treaties.

Ja. VI. P. 11. cap. 105.

It is also agreed, that all Laws, Customs, and Treaties, of the Borders, betwixt England and Scotland, are to be declared, by a general Act, to be abrogated and abolished; and that the Subjects on either Part shall be governed by the Common Laws and Statutes of either Kingdom, where they dwell; and the Name of the Borders to be extinguished.

And because by the Abolishing of the Border Laws and Customs, it may be doubted, that the Execution shall cease upon those Sentences, that have been given heretofore by

the opposite Officers of those Borders, upon Wrongs committed before the Death of the late Queen, of happy Memory; it is thought fit by us the Commissioners, that it be propounded to both Parliaments at the next Sessions that in case the Commissioners or Officers to be appointed by his Majesty before the Time of the next Sessions of Parliaments, shall not procure sufficient Redress of such filed Bills and Sentences, that then the said Parliaments may be moved to take such Order, as to their Wisdoms shall seem convenient, for some Course for Satisfaction of those Debts, which have been determined by former Officers; and also, how Discords and Insolences may be hereafter repressed, and the Country, which was late of the Borders, may be kept in Peace and Quietness in Time to come; and likewise to prescribe some Order, how the Pursuits for former Wrongs, proceeding [a] the Death of the late Queen, of happy Memory, and since the last Treaties of the Borders in the Years 1596, and 1597, which have never as yet been moved, may be continued, and prosecuted to definitive Sentence.

And forsomuch as the next Degree in order to the Abolition of all Memory of Hostility, is the Communion and Participation of mutual Commodities and Commerce; therefore it is agreed to be propounded to both Parliaments, at their next Sessions: First, concerning the Importation of Merchandizes of either Realm from foreign Parts, that whereas certain Commodities are wholly prohibited, by the several Laws of both the Realms, to be brought into either of them, from any, foreign Parts, by the native Subjects themselves of either Country, or by any other; now the said Prohibition is to be mutual and common to both; that neither any Englishman may bring into Scotland, or any Scottishman into England, any of the said prohibited Wares and Commodities: And yet nevertheless if the said Commodities be made in Scotland, it shall be lawful to bring them out of Scotland into England, as no foreign Commodities; and so reciprocally of the like Commodities made in England, and carried into Scotland. And as for Commodities and Merchandizes not prohibited by Law to be brought into either Realm; whereas a Doubt hath been conceived against the equal Communication of Trade betwixt theEnglish and Scottish Subjects in Matter of Importation, grounded upon some Inequality of Privileges, which the Scottish were supposed to have in foreign Parts, and namely in France, above the English, whereby the English might be prejudiced; forasmuch as, after very deliberate Consideration had of the said Doubt of supposed Inequality, and as well private as publick Examination of divers Merchants of either Side, touching all Liberties, Immunities, Privileges, Imposts, and Payments, both on the Part of the English, and on the Part of the Scottish, either at Burdeaux, in the Trade for Wines, or in Normandie, or any other Part of France, for other Commodities, it appeared, that in the said Trade at Burdeaux there was, and is to be found, so little Difference in any Advantage of Privileges, or Immunities, or in the Imposts and Payments (all being reckoned and well weighed on either Side) that appertained, or may appertain, to the Subjects of either Kingdom, as might not justly hinder the Communication of Trade; and, likewise, that in the Trade of Normandie, or any other Parts of France, the Advantage that the Scottish Subjects, by their Privilege, are acknowleged to have, is but such, as, without much Difficulty, may be reconciled, and reduced to an Equality with the English, by such Means as is hereafter declared; it is therefore agreed to be propounded to both Parliaments, at their next Sessions, that the Scottishmen shall be free for transporting Wine from Burdeaux into England, paying the same Customs and Duties that the Englishmen do pay; and that the Englishmen shall be likewise free for transporting Wine or other Commodities from Burdeaux into Scotland, paying the same Customs and Duties that Scottishmen pay there. And likewise, for the Clearing and Resolving of the Doubt touching the Advantage that the Scottishmen are supposed to have above the English, in buying and transporting the Commodities of Normandy, and of other Parts of the Kingdom of France (except the Buying of Wine at Burdeaux, which is already determined) it is agreed on both Sides to be propounded, as aforesaid, that there shall be sent Four meet and discreet Persons into France, Two for each Side, there to take perfect Notice of any such Advantage, as either the English have above the Scottish, or the Scottish above the English, in the Buying and Transporting of any Commodities of Normandie, or of any Part of France (excepting the Trade for Wine at Burdeaux) and as the said Persons shall find the Advantage to be, so (for Making of the Trade equal) the Custom shall be advanced to the King in England, or Scotland, on the Part of those that have the Advantage, and according to the Proportion of the said Advantage; and the Advancement of the Custom to continue no longer than the Privileges giving such Advantage shall continue: And that generally for all other Trade, from any other foreign Parts, the English and Scottish Subjects, each in other's Country, shall have Liberty of Importation, as freely as any of the native Subjects themselves, not having special Privilege.

Next, concerning Exportation, it is agreed to be propounded to both Parliaments, at their next Sessions, that all such Goods or Commodities as are prohibited and forbidden to Englishmen themselves, to be transported forth of England to any foreign Parts, the same shall be unlawful for any Scottishmen, or any other, to transport to any foreign Nation over Sea, and that under the same Penalties and Forfeitures that the Englishman is subject unto; and reciprocally, that forth of Scotland no Englishman shall transport those forbidden Goods or Commodities to any foreign Part, that in Scotland are prohibited to Scottishmen themselves: But nevertheless such Goods and Merchandizes as are licensed, and are lawful to Englishmen (not specially privileged) to transport out of England to any foreign Part, the same may be likewise transported by Scottishmen thither; and they testifying their going into foreign Parts, and taking Cocquett accordingly, shall be bound only to pay the ordinary Custom that Englishmen themselves do pay at the Exporting of such Wares; and the like Liberty to be for Englishmen in Scotland. And as for those native Commodities which either of the Countries doth yield, and may serve for the Use and Benefit of the other; it is agreed to be propounded to both Parliaments, at the next Sessions, that mutually there may be transported forth of England to Scotland, and forth of Scotland into England, all such Wares as are either of the Growth or Handywork of either of the said Realms, without Payment of any Custom, Impost, or Exaction, and as freely in all Respects, as any Wares may be transported, either in England from Port to Port, or in Scotland from Port to Port; excepting such particular Sorts of Goods and Merchandize, as are hereafter mentioned, being restrained for the proper and inward Use of each Country : And for that Purpose it is declared, that forth of this mutual Communication of Benefits, and Participation of the native Commodities of the one Country with the other, there shall be specially reserved and excepted the particular Sorts hereafter specified ; that is to say, Wool, Sheep, Sheep-fells, Cattle, Leather, Hides, and Linen-yarn; which are specially restrained within each Country, not to be transported from the one to the other; excepting also, and reserving unto the Scottishmen, their Trade of Fishing within their Loughes, Frithes, and Bays, within Land, and in the Seas, within Fourteen Miles of the Sea-coasts of the Realm of Scotland, where neither Englishmen, nor any Strangers or Foreigners, have used to fish; and so reciprocally in the Point of Fishing on the behalf of England. All which Restrictions and Exceptions, before mentioned, are not to be understood or meant, in any sort, for any Mark or Note of Separation or Disunion, but only as Matters of Policy and Conveniency for the several State of each Country.

Furthermore it is agreed, that all foreign Wares, to be transported forth of Scotland to England, or out of England to Scotland, by the King's Subjects of either of the Kingdoms, having at their first Entry in either of the said Kingdoms once paid Custom, shall not pay outward

Custom there afterwards, save only inward Custom at that Port whereunto they shall be transported; but the Owners of the Goods, or the Factor and Master of the Ship, shall give Bond, not to transport the same into any foreign Parts. It is also agreed, that Scottishmen shall not be debarred from being associated into any English Company of Merchants, as Merchants Adventurers, or others, upon such Conditions as any native Englishmen may be admitted; and so reciprocally for Englishmen in Scotland. It is nevertheless agreed by mutual Consent, and so to be understood, that the mutual Liberty aforesaid, of Exportation and Trade on each Part, from the one unto the other, shall serve for the inward Use only of either Realm; and so as sufficient Order be taken to restrain and prohibit on either Part, the Transportation of the said Commodities into foreign Parts, and for due Punishment of those that shall transgress in that behalf.

And for the better Assurance and Caution therein, it is agreed by us the Commissioners, to be propounded to the Parliaments of both Kingdoms, at their next Sessions, for a Law to be made, that every Merchant so offending, shall forfeit his whole Goods; the Ship, wherein the said Goods shall be transported, to be escheated and forfeited; the Customers, Searchers, and other Officers of Customs whatsoever, in case of Consent, or Knowledge, upon their part, to the Transporting of such Wares, to lose their Offices, and Goods, and their Persons to be imprisoned during his Majesty's Will, and of the said Escheats and Forfeitures Two Parts to appertain to his Majesty, if the Customs be unfarmed, and the third to the Informer; and if the Customs be farmed, One third of the Forfeitures to belong to his Majesty, One third to the Farmers of the Customs, and the other third to the Informer; and the Trial of the Offence to the summary, in either Country, in the Exchequer Chamber, by Writ, sufficient Witness, or Oath of Party, or before the Justice, by Jury, or Assize; and his Majesty's Officers, in either of the Kingdoms, to concur with the Complainers, having Entries in the Pursuit.

And for the more Surety that there shall be no such Transportation of Goods exported from the one Country to the other, it is thought meet, that at the Shipping of all such native Commodities, there betaken by the Customer of the Port, where the Goods or Wares be embarqued, a Bond or Obligation, to be subscribed by the Owner of the said Goods, and Master of the Ship, if the Owner be present, or (in case the Owner be absent) by the Master of the Ship, and the Factor or Party that ladeth the Goods; the said Bond containing a Sum of Money answerable to the Value of the Goods, with Condition for Relieving of the Party bound, and discharging him of the said Bond, in case Return be made of due Certificate to the said Customer where the Goods were laden, from any Port within England or Scotland; the Certificate to be subscribed and sealed by the Officers of the Customs of the Port where the Goods shall arrive and be unladen, or, if there be no such Officers, then by the chief Officers or Magistrate, and Town-clerk of that Harborough Town, under their Hands and Town Seal: the Tenor of which Bond is mutually agreed to be in manner following:

NOVERINT universi per praesentes, nos R. D. et T. P. de Kingston super Hull in com. ejusdem villae de Kingston super Hull, naucler. teneri et firmiter oblegari serenissimo Domino nostro Regi in centum marcis bonae et legalis monetae Angliae solvend. eidem Domino nostro Regi, haeredibus vel successoribus suis; ad quam quidem solutionem bene et fideliter faciend. obligamus nos, et utrumque nostrum, per se, pro toto et in solido, haeredes, executores, et administratores nostros, firmiter per praesentes, sigillis nostris sigillat. Dat. &c.

THE Condition of this Obligation is such, that whereas the above-bounden R. D. and T. P. have shipped and laden at this Port of London, in the Ship called the William of Hull (whereof the said T. P. is, under God, Master) Ten Tuns of Iron, Six Tuns of Civill Oil, Four Faggots of Steel, and Sixteen Butts of Grocery Ware, to be transported to the Port of Aberdine, and laid on Land there, as by the Entry thereof, made in hisMajesty's Coast-book of this Port of London, doth appear ; if therefore the above-bounden R. D. and T. P. do discharge and lay on Land the said Goods at the, said Port of Aberdme, or any other Port within the Kingdom of Scotland, out of the same Ship, and not elsewhere ; and within One Year next ensuing the Date hereof, bring and deliver to the Officers of this Port of London, whom it concerneth, a true Certificate, under the Hands and Seals of the Office of the Magistrates of the said Port of Aberdine, or of any other Port of the said Kingdom of Scotland, where the said Goods shall be landed and delivered, testifying the Landing and true Delivery of the Premises, without Fraud or Covine; and, in case the Validity of the said Certificate shall happen to be impugned or brought in Question, shall, in the next Term after the End of the said Year, make sufficient Proof in the Exchequer Chamber, before the Treasurer and Barons there, by such lawful Witnesses or Proofs, as that Court shall allow of; that then this Obligation to be void, and of none Effect, or else to abide in full force, Effect, and Virtue.

And a Bond of the same Tenor, mutatis mutandis, to serve for Englishmen exporting the like Merchandize out of Scotland into England.

And because the Certificates being returned, may nevertheless, either by Negligence or by Mischance, be lost, and the Bonds being extant, and no Record had of the Certificate, the Party who was bound, his Heirs and Executors, may be subject to the Penalty of the said Bond ; for Remedy whereof, as it is thought meet that the Space of One whole Year after the Date of the said Bond, be yielded and allowed, for the Return of the Certificate, so it is holden fit to be ordained, that upon the Exhibiting of the Certificate unto the Customer, he shall forthwith note upon the Bond the Receipt of such a Certificate, bearing Testimony by whom the same was given, the Contents thereof, and the Date of the same; and if within the Space of Two Years next after the Exhibiting of the said Certificate, the Truth and Validity thereof shall not be impugned, and called in Question, in that case the Bond shall be holden fully satisfied and discharged, and after the Expiration of the said Two Years, no Question or Challenge to be made upon the said Bond against the Party obliged, and the Bond itself to be ipso facto for ever hereafter void, and of none Effect.

And to the End that there may be due Execution in the Exchequer of either Realm, of such Bonds as shall happen to be forfeited, in case the Parties forfeiting the said Bonds, be not to be found in that Realm where the Bonds were taken and forfeited, but in the other; it is likewise thought meet, and agreed, that the Bonds so forfeited on either Part, shall be mutually and reciprocally transmitted from the Exchequer of the one Realm to the other (as Cause shall require), and that the Debts recovered upon the said Bonds forfeited shall be likewise transmitted and answered to the Exchequer in either Realm, where the Bonds were taken. And furthermore, upon mature and deliberate Consideration, touching the indifferent Shipping of Commodities, either in English or Scottish Bottoms, Respect being had to former Laws and Prohibitions to the contrary; it is agreed to be propounded to both the Parliaments, at their next Sessions, that Englishmen and Scottishmen, and either of them, may freight and lade their Goods each in others Ships and Bottoms indifferently and respectively, paying only English and Scottish Custom ; notwithstanding any contrary Laws or Prohibitions: And withal, that it be likewise propounded to the Parliament of England, to consider of some good Laws and Orders, for the Upholding and Maintenance of the great Shipping of England; and that the like Proposition be made in the Parliament of Scotland, for the Making of the Shipping of Scotland more proportionable in Burthen to the Shipping of England, the better to serve both for Equality of Trade, and common Defence of the whole Island.

And because it is requisite, that the mutual Communication aforesaid shall not only be extended to Matter of Commerce, but also to other Benefits and Privileges of natural-born Subjects; it is agreed by mutual Consent of the Commissioners of both the Realms, that it shall be propounded to both the Parliaments, at their next Sessions, that an Act be made, containing a Declaration as followeth: That all the Subjects of both the Realms, born since the Decease of Elizabeth, the late Queen of England, of happy Memory, and all that shall be born hereafter under the Obedience of his Majesty, and his Royal Progeny, are, by the Common Laws of both the Realms, and shall be for ever, enabled to obtain, succeed, inherit, and possess all Lands, Goods, Chattels, Honours, Dignities, Offices, Liberties, Privileges, and Benefices, ecclesiastical or civil, in Parliament, and all other Places of the said Kingdoms, and every one of the same, in all Respects, and without any Exception whatsoever, as fully and amply, as the Subjects of either Realm respectively might have done, or may do, in any sort within the Kingdom where they were born. Further, forasmuch as his most excellent Majesty, out of his great Judgment and Providence, hath not only professed in publick and private Speech to his Nobility and Council of both Kingdoms, but hath also vouchsafed to be contented at this Time, for a more universal Satisfaction and Comfort of all his loving Subjects, that it may be comprised in this Act, that his Majesty means not to confer any Office of the Crown, any Office of Judicature, Place, Voice, or Office in Parliament, of either Kingdom, upon the Subjects of the other, born before the Decease of the late Queen of happy Memory, as aforesaid, until Time and Conversation have increased and accomplished an Union of the said Kingdoms, as well in the Hearts of all the People, and in the Conformity of Laws and Policy in the Kingdoms, as in the Knowledge and Sufficiency of particular Men, who being untimely employed in such Authorities, could no way be able, much less acceptable, to discharge all Duties belonging unto them; it is therefore resolved by us the Commissioners aforesaid, not only in regard of our Desires and Endeavours to further the speedy Conclusion of this happy Work intended, but also as a Testimony of our Love and Thankfulness to his Majesty, for his gracious Promise aforesaid (in whose Sincerity and Benignity we build our full Assurance, even according to the inward Sense and Feeling of our own loyal and hearty Affections) to obey and please him in all things worthy of the Subjects of so worthy a Sovereign, that it shall be propounded to both the Parliaments, at the next Sessions, as our uniform Desire, to have it enacted by their Authority, that all the Subjects of both Realms, born before the Decease of the late Queen, may be enabled and made capable to acquire, purchase, inherit, succeed, use, and dispose of, all Lands, Inheritances, Goods, Offices, Dignities, Liberties, Privileges, Immunities, Benefices, and Preferments whatsoever, each Subject in either Kingdom, with the same Freedom, and as lawfully and peaceably, as the very native and natural-born Subjects of either Realm, where the said Rights, States, or Profits are established; notwithstanding whatsoever Law, Statute, or former Constitution heretofore in force to the contrary; other than to acquire, possess, succeed, or inherit, any Office of the Crown, Office of Judicature, or any Voice, Place, or Office in Parliament; all which to remain still free from being claimed, held, or enjoyed by the Subjects of the one Kingdom within the other, born before the Decease aforesaid (notwithstanding any Words, Sense, or Interpretation of this Act, or any Circumstance thereon depending) until there be such a perfect and full Accomplishment of the Union, as is mutually desired by both the Realms. In all which Points of Reservation, either in the Recital of the Words of his Majesty's sacred Promises above mentioned, or in any Clause or Sentence of the Reservations before specified, from enabling them to any of those foresaid Places or Dignities, it hath been, and ever shall be, so far from the Thoughts of any of us the said Commissioners, in any sort to presume to alter or impair his Majesty's Prerogative royal

(who contrariwise do all, with Comfort and Confidence, depend herein upon the gracious Assurance, which his Majesty is pleased to give, in the Declaration of his so just and princely Care and Favour towards all his People) as, for the further Laying open of our clear and dutiful Intentions towards his Majesty, in this, and in all Things else which may concern his Prerogative, we do herein also profess and declare, that we think it fit, that in the Act propounded to be passed in both the Parliaments, there may be inserted, in express Terms, sufficient Savings and Preservations of his Majesty's Prerogative royal, to denizate, enable, and prefer to such Offices, Honours, Dignities, and Benefices whatsoever, in both the said Kingdoms, and either of them, as are heretofore excepted in the preceding Reservation, all English and Scottish Subjects, born before the Decease of the said late Queen, of happy Memory, as freely, as sovereignly, and absolutely, as any his Majesty's Royal Progenitors or Predecessors, Kings of England and Scotland, might have done at any Time heretofore, and to all other Intents and Purposes, in as ample Manner, as if no such Act had ever been thought of or conceived.

And forsomuch as the several Jurisdictions and Administrations of Justice in either Realm may be abused by Malefactors, for their own Impunity, if they shall commit any Offence in the One Realm, and after remove their Person and Abode into the other; it is agreed to be propounded, as aforesaid, that there may be some fit Course advised of by the Wisdoms of the Parliaments, for Trial and Proceeding against the Persons of Offenders remaining in the One Realm, for and concerning the Crimes and Facts committed in the other Realm : And yet nevertheless, that it may be lawful for the Justice of that Realm where the Fact is committed, to demand the Offender so remaining in the other Realm, to be answerable unto the Justice in the said Realm where the said Fact was committed; and that, upon such Demand made, the Offender shall be accordingly remanded, and all further Proceedings (if any be) in the other Realm shall surcease, so that it may be done without Prejudice to his Majesty, or other Lords, in their Escheats or Forfeitures : Which Provision, nevertheless, is not thought necessary to be made for all criminal Offences, but in special Cases only; as namely, in the Cases of wilful Murther, Falsifying of Monies, and Forging of Deeds, Instruments, and Writings, and such other like Cases, as, upon further Advice in the said Parliaments, may be thought fit to be added.

Subscribed and sealed at Westminster, the sixth Day of December, in the Year of our Lord 1604, by all the Commissioners of both Kingdoms present at the said Treaty, and Conclusion of the aforementioned Articles [a].