constituting and giving Laws to all in general and to each in particular under his Dominion To which agrees that Church-Government Hierarchy composed of Arch-Bishops Bishops c. And of such two Governments was constitute the Roman Empire in the time of Constantine Aristocracy is the Government of a few of the greatest power and conform to it is Superintendency Which is a Church-Government where a parcel of Members are all equal in power and by the same are distinguished from the rest of the Clergy Democracy is a Government in which the whole Body of the People hath some share and to this is consonant Presbytrie Which is a Church-Government where all the Clergy are equally concerned To none of the above-mentioned kinds of Civil Government doth the Civil Governments of Scotland and England belong which being both of the same Nature I shall call them by one Name a Limited Monarchical Government Which is a Government that 's manag'd by one Man according to the Laws of the Society where he reigns which Laws are made by him in Conjunction with his People So that he hath his Prerogatives and they their Properties and such a Government hath the Advantage of all others which can degenerat into Tyrannies The Government of Scotland and England being a limited Monarchy quite opposit to an absolute one It follows that some other kind of Church-Government must be more agreeable to it than Hierarchy which agrees only with an absolute Monarchy Because the People having lodged so many Prerogatives with their King as the power of declaring War of making Peace of sending Ambassadors of making Leagues and Treaties and of Levying of Men and Arms by Sea and Land if this King is ill-inclined what wants he more but Money to change the very foundamental Laws of his Government and to make Parliaments altogether useless which cannot be raised from the Subject without their consent or which is all one without the consent of Parliament Therefore the People ought to take particular care in chooseing Men to be their Representatives in Parliament that they be Men of Honour and Probity whom the Monarch can noways influence to betray the Liberties of their Countrey And surely it must succeed the better with it the fewer Members of Parliament depend upon the King What power the Kings of Great Britain have had to Cajol Bishops being constant Members of the Parliament into a Complyance with their designs the History of Past-times must declare Constantine as he was the first Christian Emperor so had he a great respect for the professors of that Religion We read in his life That he would not only regal its Teachers at his own Table but that he never went a Journey without ome of them along with him that at the Council of Nice so great was his Complaisance for Church-men that he refused to sit down in their presence The Clergy on the other hand being sensible of the Emperours Kindness continue with him the old Title of Pontifex Maximus by virtue of which he had Right of Ecclesiastical Function reserving for themselves all the Ministerial Offices So Constantine was Rex idem hominum Phoebique Sacer dos A mutual good understanding was so cultivated amongst the succeeding Emperours and the Clergy that they had several Laws made in their savour as may be seen in the Titles of the Codex de sacrosanctis Eccles de Episc Cler till the Bishops of Rome taking the opportunity of the Division of the Roman Empire being over-run by Barbarous Nations and of the Ignorance of the times did set up for it themselves under the Specious Title of Christs Vicar And how far they carried their Authoriy with Temporal Princes for some Ages is evident by the Insolence of Hildebrand who rebelled against his lawful Emperor Henry the fourth depriving him of all that respect which was due unto him from a Bishop of Rome It hath been the Policy of the Papal Court to keep the Clergy of every Common-wealth in a certain Hierarchy That it might the more conveniently challenge a Supremacy over them and to the end that they might depend absolutely upon their Interest for to oppose all Temporal Princes who durst do any thing in prejudice of the Holy See by Excommunicating and depriving them of the Allegiance of their Subjects In such a Condition was both the Clergy of England and Scotland in the time of King Henry the Eight of England Who being a wise Prince and disobliged by the Pope in the Marriage of Anna Bullen took the occasion of a Critical Minut to throw off the Popes Supremacy over his Clergy and to assert it for himself according to the Practice of the Kings of England And finding that his Clergy was satisfied with the change he continued the Antient Popish Hierarchy making the Bishops of his Kingdom capable of the greatest Civil Employments in it If the Reformation had begun in Scotland with publick Authority as it did in England I doubt not but Episcopacy had been continued there in place of that Church Government introduced by Knox and others after the Geneva Model Because Supream Civil Powers know how much it is their Interest to be of the Clergies side And that it is easier to have a few Church Men to manage than a Multitude Of this King James is an Example who was not only a great Favourer of the Clergy but thought it his Interest so soon as he was sole Monarch of this whole Island to establish Episcopacy in Scotland according to that Maxim No Bishop No King Now let us see what great Feats Bishops have done in the Management of the British Affairs and accordingly we should make our Judgment concerning the Agreeableness of Episcopacy and our Government which is a Limited Monarchy In the Reign of King James the First of Great-Britain there were Bishops no doubt who complyed with him in every Counsel that was for the Dishonour of his Crowns For we find the Bishop of Lincoln then Lord Keeper of the Great Seal of England in his Sermon at King James his Funeral either to flatter his Successor or to impose upon the World making a paralel betwixt him and King Solomon his Text being 1 King 11.41 42 43. Now either that Bishop was perswaded of the Verity of what he preached or not If he was perswaded that King James was the Solomon of his Age then surely he could not refuse to go along with him in all his Counsels And if he preached contrary to what was his Opinion then he was capable at Command to be an Haickny Courtier In King Charles the First 's time it was Bishop Laud and others that occasioned all the Misfortunes that befel that Prince both unhappy in his Council and in his Opiniatritie In King Charles the Second's Reign we never heard of any of his Ecclesiastical Counsellors that e're Discourted themselves for disswading him from his Effeminat Way of Living or from following too much French Counsel On the
contrary we know that nothing was more preached up than Passive Obedience founded on the Prerogatives of the Kings of Israel as if the Laws of Moses had been calculat for our Kings And That nothing was more tickling to the Bishops than the Oppression of their Fellow Subjects of the Presbyterian Perswasion In the time of the late King James It is true there were some Bishops in England who stood for their Religion in Opposition of Popery yet the World knows how well natur'd the Bishops of Scotland were upon that Point And in this present Reign we all know how that Bishops of England did concur to ratifie Proclamations issued out against the Scots in the West-Indies which were of a Nature both below the Meekness of Christianity and the Generosity of the English Nation Wise Governments have always had a very mean Opinion of Church-Mens Politicks as particularly that of Venice for whenever any thing occurs of great Moment there to be debated in the Senat before any Suffrage passeth they cause Proclamation to be made for all Priests to retire It is likewise remarkable That he who is called the Divine of the State is chosen commonly such an one who is more Politician than Bigot in Religion And of such a Character was Father Pedro Paulo who wrote the History of the Council of Trent Too much Learning or Wisdom seldom agree together because for the most part too Learned Men are meer Schollars such were most of the Bishops of England which of all Men are the most dangerous when they espouse a Party For both their Learning and Zeal can concur together to make Black seem White or White Black and to impose what Opinions they please upon the well meaning People Now when such Men are perpetual Members of Parliament who have Dependence upon a Limited Monarch by virtue of a Conge d'es Lire the Laick Subjects cannot be circumspect enough about their Liberties It s known that in the time of Popery the Pride and Ambition of the Clergy was a Curse to that Civil Government where they had any medling carrying themselves always Arbitrarly and Tyrannically and committing the greatest Solecisms in Politicks And we may observe for the most part that the Clergy of our Religion who have concerned themselves with Worldly Affairs have been the greatest Promoters of Civil Distempers that have shaken the Foundations either of Church or State And the very Trumpets which have sounded to Popular Furies Martial Alarms and never better will befal Church-Men when they act without their own Sphere What should move the English to carress Church-Men for Counsellors and Members of Parliament I cannot comprehend for were their Bishops educat as the Cardinals are who are better acquainted with this World than that to come we might hope for as great an Essay of their Wit in State-Affairs as ever Cardinal Richelieu or Cardinal Mazarine did shew to the World But on the contrary they know more of the World to come and are educat altogether according their Characters of Church-Men Nor do I understand what is the Reason that there 's so just a Proportion betwixt the Living of a Nobleman and a Peasant among the English Laicks And so great a Disproportion betwixt a Bishop and a Twenty Pound Curat among their Ecclesiasticks For surely it is unjust that the Curat should be preaching the Gospel and starving at the same time Whilst his Bishop is driving to Court with a Coach and six Horses to make an handsome Leg to his Temporal Lord. I 'll now protest That the Liberty I take of writing after this manner may not give Offence to the Clergy of any Church nor that I may meet with the common Fate of Reconcilers to have Blows for my Pains being I 'm of no Party but a Lover of that Church Government which sympathizes best with the Civil Government it is joyn'd with So that if I were Subject to an Absolute Monarch I should esteem Episcopacy as most agreeable to his Government But whilst I live in Scotland or England I must love that Church Government which is least dangerous to the Peoples Liberties I leave it therefore to the Judgment of every Unbyassed Laick to determine if Presbytrie or Superintendency be not more convenient for the People of a Limited Monarchy than Episcopacy as it 's now established in England and less capable to comply with an Ambitious Prince for the undermining the Fundamental Laws of his Kingdom after the Example of the Danish Clergy which were the Instruments of making their Kings Absolute to the utter Ruine of all their Ancient Nobility I conclude with this following Character which I wish every Church-Man might merit One who is delivered of the Prepossessions and Prejudices of Complexion Education and Implicit Authority knowing that all Mankind are puzled even in the Search of the most obvious things One who can distinguish between the true Articles of Faith and the pitiful senseless Triffles of Swiming Brains One who knows That the Love of God is not Fondness nor his Justice Cruelty and that God acts not by meer Arbitrary Will but by the Perfections of his own Nature One who not forgetting to do Good Works endeavours to go to Heaven only by the Merits of Christ One whose Zeal never exceeds his Reason One who abounds with Charity Humility and Meekness One who purges Religion from all Fantastick and Unintelligible Muming and reduces it to its Native Plainness and Simplicity One who understands himself when he Prays or Preaches And lastly One who followeth in Living as near as possible the Practice of the Apostles Most happy would that People be who lived with a Church-Government composed of Members of the foresaid Character For surely Vice and Atheism would be banished nor could Priest-Crast or Knavery have any place amongst them AN ESSAY Concerning The VNION OF ENGLAND AND SCOTLAND Into one MONARCHY OF Old this Island of Great Brittain was divided into several distinct Governments amongst which there have been many bloody and fatal struglings in Defence of their respective Interests and Liberties And no doubt but untill this Day it had continued a Theater of Cruelty and Barbarity if all its Inhabitants had not been United in Subjection by the happy Succession of King James the Sixth of Scotland to the Crown of England in the year 1603. King James who did not always prefer the Interests of his Kingdoms to his own privat ends never gave a greater Testimony of his Affection to them than in the year 1604 when he proposed to the English Parliament an Union of the Kingdoms of Scotland and England Which Motion was at first embraced with the general applause of both People as the only Mean to extinguish the Memory of all former Animosities To bring that Union to a good issue the Parliaments of both Nations at his Majesties desire did nominat Commissioners to meet at Westminster which accordingly they did and agreed on several Articles to be presented to King
and Parliaments for their Ratification But in the year 1608 the English Parliament would approve only the Article for abolishing all Hostile Laws that had been in use against either Nation before King James his Arrival in England The Reason I suppose made England neglect that opportunity of Uniting with Scotland was That either it was not sensible of the Advantages it might gain by such an Union tho the judicious Lord Verulam did endeavour to demonstrat them by his Grave Speech or That the Parliament of England did suspect their new Monarch of having some other design than the Interests of his Kingdoms by that Union of which he was the first proposer King Charles the first who was brave Magnificent and but too constant in adhering to ill Counsel was most of his life so harrassed by his own Subjects that he never had time to think upon that Union which his Father could not finish And Cromwel who after but chering of him usurped his Power never thought any further of the Interest of Britain but to gratifie his own Ambition King Charles the Second after his Restoration to his Kingdoms had all the opportunity possible that Ease and plenty could afford him to promot their mutual Happiness did therefore propose an Union betwixt Scotland and England in the Year 1670 and did nominat for that end several Commissioners under his great Seal but all to no purpose because such an Union could not sympathize with the Politicks of these days which were to divide after such manner the People of the whole Island in Religion and Interest that by continually playing one party against another His Majesty might be in a Condition to sway the Scepter in Peace and to introduce into his Kingdoms any Religion suited best with his Humour And for King James he was so little inclined to promot an Union that the thoughts of another World did wholly extinguish any Concern he might have had for advancing the Interest of his Kingdoms in this His present Majesty hath done many great Actions both for the well fare of his Kingdoms and for his own Reputation yet ther 's nothing can contribute more to the Glory of his Family than Uniting the Kingdoms of England and Scotland into one Monarchy So that when he distributes Justice both their Interests being the same none of them will have reason to complain He hath already several times recommended an Union to the English Parliament but it were to be wish'd that His Majesty would be pleased to ordain effectual Means to be used for that end There 's an Union already betwixt both Nations in Language Customs Religion and in Subjection which cannot last unless both Governments be united into one Body Politick And to Consummat that there must be a great Zeal and Frankness in the Members of both Parliaments That all triffling and amusing preliminary Articles being forgot Commissioners may be deputed from them both Men of Honour and Probity no Courtiers but free of all prejudice against either Nation for the better adjusting the two following Articles The First is That the Parliaments in Name of both Kingdoms may consent to joyn together for making up one Parliament of Great Britain The Second is That for the taking away all difference about Place that may arise among the Nobility of both Kingdoms let them be Marshalled interchangeably As for Example First The Eldest Duke of England then the Eldest Duke of Scotland and so on until the Nobility of the whole Island be marked in one Catalogue as Peers of the Kingdom of Great Britain If these two Articles can be agreed to all danger of Uniting the two Kingdoms will be over and there 's no doubt but that all useful Laws can be made afterwards without the least stop that are requisit for supporting this new moulded Empire But before I proceed to shew what Laws would be useful I must remove some Objections that the learned Sir George Mackenzie hath made against the Parliament of Scotland's having power to agree to the foresaid two Articles in his Observations upon King James his Act of Parliament concerning the Union and the Answers to his Objections may prevent the like to be made against the power of the Parliament of England in the same case being both Parliaments of England and Scotland are of of the same Nature The first Argument is That the Members of the Scots Parliament for Shires and Burghs are the same with us That the Procuratores Universitatis are in the Civil Law But the Procuratores Universitatis could not alienat the Rights of their Constituents without a special Mandat for that effect l. 63. de pro Neither can the Parliament of Scotland alter the Fundamentals of their Constitution without the Consent of their Constituents It 's answered That the Members for Shires and Burroughs are not the same with the Procuratores Universitatis because by virtue of their Commissions they have absolute power to Vote for every point which they think can contribute to the safety of the Nation And they are bound only by Oath of Parliament to Act as Men of Conscience and not as Men who have particular Instructions from their Constituents And it was by that power they altered their Primitive Constitution by Voting out a Third State of Parliament in the beginning of his present Majestys Reign Much rather can they in the Name of their Constituents agree with the Parliament of England to the two foresaid Articles being they 'l contribute so much for their Advantage The second Argument is That the Commissioners for Shires Burroughs are only impowered to represent their Constituents in the Parliament of Scotland but if the Parliament of Scotland be made a part of the Parliament of Great Britain the Parliament of Scotland can be said no longer to exist and consequently the Commissions of all its Members fall till they be renewed empowering them to sit in the Parliament of Great Britain It 's Answered That by the Answer to the first Argument we see that the Parliament of Scotland hath an absolute power to agree to the foresaid Articles so that afterward they may ask new Commissions from their respective Constituents to Unite as Members of the Parliament of Great Britain And when both Nations are perswaded of the Advantages of an Union there can be no impediment to it The third Argument is That the Union of Parliaments requires the full Assent of the Members of both Parliaments So that if any Member dissent The Union of both Parliaments must stop Because the Power of making Laws and the Right to retain or resign Priviledges are two different things The one is a a Legislative Power which is regulated by a Plurality of Voices The other is founded upon Dominion and Property and is not subject to Suffrage no more than other Properties are It 's Answered to this last Argument That it 's granted the Property of any Member of a private Society cannot be taken away from
him without his Consent As witnesseth the Civil Law l. 28. ff Com. Divid The Rules are In re pari melior est Conditio prohibentis And In re communi nemo Dominorum jure quicquam facere potest invito altero But here is understood not a private Society but a whole Kingdom who being their own Masters can dispose upon themselves and Properties as they find it convenient for their Interest And that Power is devolved upon their Representatives of Parliament Therefore if any small Number of People or of Members of Parliament oppose so good a Design as the Union of both Nations either the Plurality of Voices ought to determine them according to the Fundamental Law of all Societies or they should be obliged to shift for other Societies of Men. Now supposing that the Parliaments of both Kingdoms are joyn'd in one and that its Members are empowered to make Laws for the Preservation of this New Government Amongst many Laws that could be thought upon these following seems necessary First That the Titles of both Kingdoms be changed into that of Great-Britain 2ly That there be but one Imperial Crown 3ly That there be but one Set of Crown-Officers 4ly That there be but one Great Seal 5ly That as both Nations are one so they may have both the same Priviledges of Trade And that none of them be injured by this Law let all Goods be taxed equally over the whole Island 6ly That there be appointed by the Parliament a parcel of Lawyers of both Nations for compiling a Body of Civil Law out of the Volumes of the Municipal Laws of both Nations and out of the Common Law where they are deficient Which Body of Civil Law shall be ratified by King and Parliament to have the Force of all other Laws of both Nations After which all other Law-Books may be destroyed according to the Example of the Emperor Justinian when the Body of Roman Law was finished And until such time that a Body of Law be compiled each Kingdom may make use of its own Laws without any hinderance to an Union For it s known that till this day Languedock Provence Britaignie and Normandy tho' they are parts of the same Kingdom yet their Laws are not of the same Coin 7ly Being all Church-Government is indifferent as I have endeavoured to prove in the foregoing Essay the King and Parliament may model one that will be the most consonant to their Civil Government To which if any of the Clergy refuse to submit let Swords be put in their hands to determine a Church-Government among themselves for the Laicks of this Island have drawn too much Blood already upon that Subject whilst the Clergy only have been amusing themselves with Disputes If a Church-Government cannot be modelled that will please all Parties of Laicks there needs be no Breach in the Union of Civil Government Because by a Liberty of Conscience in Church-Government Church-Affairs may be regulat without the least Confusion 8ly Let there be appointed by King and Parliament a parcel of Divines and Lawyers for collecting one Body of Canon Law out of the Canons of Councils the Opinions of the Fathers and from the Constitutions of both Churches of both Kingdoms that were made since the Reformation Which Body of Canon-Law shall be ratified by King and Parliament to have Force of all other Ecclesiastical Constitutions 9thly That Civil and Criminal Judicatures be established over the whole Island in places where the Parliament shall find convenient 10thly That there be Registers appointed in different places of the Island for obstructing all false Conveyances of Estates Lastly That the King have but one Privy Council which for the more Dispatch of Bufiness can be divided into several standing Committees Now before I shew the Advantages both Nations will gain by an Union I will make this following Digression of their present States England abounds with Grains Tin Copper Lead Iron Timber and all Creatures which furnishes the Commodities of Cloath Stuffs Hides Butter Cheese c. Scotland being the most Northward part of the Island cannot be expected to make so pleasant a Prospect to the Eye as England Yet it hath Sufficiency of Grains Flax Wool and vast number of Cattel c. It hath likewise innumerable Mines of Lead Iron c. Although the Nobility and Gentry of both Kingdoms are the same in Humor and Conduct of Living yet there is a great Disparity between the Common People both as to Humor and Constitution of Body by reason of their different way of Feeding The English is Self-conceited Lovers of their Belly and daring Whilst the Scots are patient sober in Diet and hath something of a Timorous Civility The Nature of the Civil Governments of both Kingdoms is almost the same each of them having its Parliament to protect its Liberties The Number of Persons that have Suffrage in the English Parliament besides twenty six Bishops are either of Nobility or Commons The Nobility are Dukes 17 Marquesses 3 Earles 72 Viscounts 8 Barons 65 Sum 165 The Commons are Commissioners for fourty Shires 80 For the twelve Counties of Wales 12 For twenty five Cities 54 For the eight Cinque-Ports 16 For the two Universities 04 For an hundred and eghty Burghs 332 And Burgesses for Wales 012 Sum 510 The Number of Persons that have Suffrage in the Scots Parliament are either Nobility or Commons The Nobility are Dukes 4 Marquesses 4 Earles 67 Viscounts 20 Barons 45 Â Sum 140 The Commons are Commissioners for Shires 89 For Cities and for Burrows 65 Â Sum 154 The Nobility of Scotland not bearing a Proportion to the English Nobility conform to its Riches and Extent of Land ought to be no Objection against an Union of Parliaments Because the Nobility of the whole Island becoming Members of the same House will all have the same Interest And in a little time by Extinction of Families Creation of New Ones and by Change of Estates from one place to another will be so shuffled that it will be hard to know Which is Which The number of the People of England is calculat to be 5,500,000 and that of the People of Scotland to be 800,000 England at present is not above half Peopled and of any Countrey it is in the least danger to be overstock't with People by reason of its Situation and goodness of Soil If Scotland were improved by Inclosing c. it could entertain many more People than it can at present and in a short time triple its Land-Rental England with Wales contains 40,000,000 of Acres The fourth part of them are Heath Moors Mountains and Barren Ground Scotland with its Islands contains 24,000,000 Acres Two Thirds of them are Moors Mountains and Barren Land Having now done with this Digression let us next see what Advantages will fall by an Union first to England secondly to Scotland and thirdly to both in Common when United The Advantages that England would reap by an Union are FIrst An Augmentation