class="fnanchor pginternal" title="Go to footnote 47." tag="{http://www.w3.org/1999/xhtml}a">[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]

But before a single step could be taken, the two Parliaments had to be consulted. James shrewdly calculated that if the Parliament of England could be gained, the Scottish Estates would readily agree to his wishes. He accordingly wrote to the Privy Council of Scotland, in January 1604, informing them that the English Parliament was to meet in March, when the project of an Union would be discussed, and telling them to call the Scottish Parliament together about the end of April; and he gave express commands that no subject except the Union was to be considered. If the Estates agreed, as he assumed they would, to the desirability of an Union, they were to appoint commissioners to meet with commissioners who would, by that time, have been appointed by the Parliament of England.[49]