UNION OF ENGLAND AND SCOTLAND. 35 



their nobility is generally more ancient : and there 

 fore 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 &quot; alternis 

 &quot; vicibus ?&quot; 



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 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 &quot; patrius mos&quot; 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 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 fit- 

 liest 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 



