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-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
recollected the Remains of its broken Forces with Care and Industry and managed its Affairs with so much Subtility that if the Reformed do not lay aside all their Trifling Disputes about Church-Government c. It may happen that sometime or other without a Miracle they may lose their Ground which they have maintained so long with Expence of much Blood That the Kingdom may be the better served with Judicious and Learned Ministers it 's necessary that all small Salaries be Augmented to preserve them from the Tentation of Poverty and that there may be Inspectors appointed for all the Universities of this Nation who shall have power to Nominat Students to study Theology And that none be admitted to follow the Ministry but those that are appointed by them And by such a Method this Church will not have the Misfortune to be pestered with Blockheads nor the Civil Government to be deprived of good Men whom Nature hath ordained to be Mechanicks or Husbandmen SECTION IV. Of the Nobility and Gentry THe Nobility and Gentry are the best Blood and Spirits of any body Politick and ought to be respected as the preservers of its Life and Vigor For it s their duty to maintain Piety and Justice to support their Country with their Wealth and Sword to protect the poor from the Insolence of Oppressors and to follow Virtue and Honour as the only Badge capable to distinguish them from the rest of their fellow Subjects The Nobility and Gentry of this Kingdom have always had the Reputation of brave Men and good Scholars nor ought it to be otherwise seeing they have all the Education this Country can afford and the most of them have likewise the advantage of Travelling abroad to learn any thing that is capable to improve their Knowledge in Men or Things But now a days for want of Business to apply themselves they either lose the fruits of their Education by Law-suits or by reading a Horace or Juvenal or by smothering them altogether in a Bottle But how great an Obligation lies upon them to apply themselves at present to support their poor Country and to sacrifice to the Publick Good all Misunderstandings occasioned amongst them either by Religion or Ambition appears from these following Considerations First they ought to meddle with Church-Government no further than it affects the Civil Government or tends to give the Supream Power an Opportunity to encroach upon their Liberties Therefore they ought all to protect that Church Government which makes most for their secular Advantages and encourages least the Clergy in Luxurie or Ambition And of such Qualities is the Presbyterian Church-Government here established by Law Secondly The Nobility and Gentry are the Springs and Wheels by which all the Affairs of this Nation move and without their Concurrence no good or bad Law can be made no King can encroach upon the Priviledges of the Subject Nor no Revolution of Government can happen to the Kingdom Therefore they ought to let pass no Law in Parliament which is not for the Interest of their Country nor quit any Priviledge that may give occasion to their Successors to Complain of their Folly or Injustice Nor ought they to endeavour any Revolution of Government which is not with a Demonstration for their Countries benefit Thirdly They have most of all the Treasure of this Kingdom amongst them Therefore it 's their Duty to improve their Estates by all the means that Art or Industry can suggest unto them And to promot Trade by encouraging Manufactories and Fisheries with their Money For suppose a Gentleman hath Five Hundred Pound Sterline free Rent per annum what is it for him to imploy a 1000 l. sterl for a Stock in Trade And so proportionably to their Estates may all Gentlemen imploy Sums of Money Lastly It 's their Motion and Example that influence all other People of a meaner Character So that it may be justly said that all the Advantages or Misfortunes which have befall'n this Kingdom are to be Attribute to the Conduct of its Nobility and Gentry For had they always been of the same honest principles designing nothing but the publick Good how happy had this Nation been long e're now And how much regarded by all Europe SECTION V. Of the King and Parliament AS every Natural Body is capable of certain intervals of Health and Sickness so every Body Politick and each of them requires it's Physitian to remove every thing that 's a let to the Operation of its Nature with this Difference that a Natural Physitian works both for a Livelyhood to himself and for bringing his patient to the best habite of Body his Art is Capable whilest a State Physitian in place of curing the Body politick of which he hath the Inspection and Management forgets to keep to its Fundamental Laws which are the true Rules of Politicks and follows his own Ambition and Fancies Which either destroy it altogether by inward Convulsions or change it's Nature so far that it s hardly to be known for the same Body Every Body Politick hath its different Physitian conform to the Nature of its Constitution An absolute Monarchy hath its King who is so much Master of his Patient that he can breath a Vein when he finds it suits best with his Inclinations A limited Monarchy hath its Parliament for Physitian whose chief business is to preserve a Symmetrie betwixt the Body and Head that neither of them exceed its due bounds The Government of Scotland is a limited Monarchy by the Conduct of whose Parliament both King and Country can be happy But alas how seldom does it happen that the Members of that August Assembly who are Men of different Educations Tempers Understandings Offices Employments have all the same end in their View which ought to be the Common Good and Honour of this Nation In one Kings Reign we find the Parliament encroaching upon his prerogative and in the Reign of another we see it so abject as to sacrifice to him their Priviledges Examples of both are the Reigns of Charles the first and second For what necessity was there to drive so hard after the year 1638 that their poor King became a Victime to his Enemies Or to sink so far into Fondness that King Charles the second had in his power to encroach upon the Liberties of this Nation to that â—â—ght that Oppression it self might have been palliat with the jus Regium The unsteddy proceedings of Parliaments have given occasion to the greatest Wits to condemn every thing of mixt Governments and to lay down rules for bringing them under the absolute power of their Monarchs which hath been practised by most of the Princes of Europe according to the different Circumstances and Humours of their Subjects The Kings of France Lewis 13th and 14th after the Advice of Cardinal Richelieu did ruine first their Nobility and Gentry by wheedling them into posts of the Army where they could squander away their Estates to the end
Members of Parliament been wheedled into a Complyance with their former Kings to destroy their Constituents Liberties if they had not had the true Representation of the Affairs of the Nation laid down before them by some honest sensible Men Which did serve as a Polestare to steer their Course by and to excite them to Diligence in their Duty Secondly A Habeas Corpus will prevent Poples being punished above the Merit of their Crimes and of this Injustice the Emperors Gratian Valentinian and Theodosius were sensible when in their Constitutions l. 5. Cod. de Custod Rerum it is ordained that those who were shut up in Prison be either convicted and punished in due time if Guilty or Absolved if Innocent The Words of the Text are De his quos tenet carcer inclusos id aperta definitione sanximus ut aut convictos velox paena subdueat aut liberandos Custodia diuturna non maceret Thirdly That there be an Act establishing a Council of Trade the Nature of which I have touched a little in the Section of the Commons For Trade is of so great Moment to any Nation which wishes to make a Figure amongst its Neighbours That in a word either it must understand it in all its Mazes or must resolve to follow the Old Patriarchs way of living which is to confine it self only to what Nature requires For which reason it is requisit that there be a Council of Trade whose Business it should be to lay down good and rational Measures for managing it and for Curbing all the little tricks which discourage People to Traffick Fourthly That the Army be reduced to as few as are only necessary for puting the Laws in Execution and for preserving Peace at home Because every wise Nation that hath its freedom and a power to observe the fundamental Laws of its Constitution never keeps more Soldiers in time of Peace than are sufficient to protect the Execution of of Justice I am sorry therefore That we have neither Money to mantain so many brave Men that are in our Troops nor at present any advantageous service to employ them in which might make them useful to this Kingdom Unless we had got a Right to part of of the King of Spains Testament which was lately made by the care of his Neighbours Fifthly That a good Method be fall'n on for regulating our Militia and a Fund provided for mantaining broken Officers who may be useful to Oversee them For it were hard that Gentlemen who some time or other may be capable to serve their Country should be exposed to the Inconveniencies of Poverty Sixthly That all good Laws be made for encouraging Shipping which is and ought to be both the Offensive and Defensive force of this Kingdom Seventhly That there be an Act declaring That no Pensioner shall be capable to Vote in Parliament or any body that hath his immediat Livelihood from His Majesty Because it is to be supposed that all Pensioners will prefer the Humor of their Benefactor to the Interest of their Country Eightly That a new Committee of Parliament be appointed every half year to supply the places of Privy Counsellors to his Majesty And the Advantages of such an Act are evident to every Body that knows the Practices of a Privy Council composed of Courtiers By these and such Acts the Affairs of this Kingdom can be brought to so good a State that not only it may provide for it's own Safety and Treasure but likewise be in a Condition either to separat from England or to unite with it As the Wisdom of this Nation shall find it convenient That there is a Necessity for Scotland either to unite with England or separat from it is evident by the Experience of 97 years In which time this loose and irregular Tye of the Crowns in place of an Union of Hearts Hands and Civil Interest hath only given Occasion to ill disposed Persons in both Kingdoms to foment continual Jealousies and Animosities betwixt them And to the English an Opportunity of crushing every thing that can make for the Interest of Scotland Instances of which are innumerable and some of them are but too fresh in our Memories I have already shewed the Advantages of an Union to both Kingdoms in the preceeding Essay and there is no Person more capable to bring that noble Work to a happy issue than his present Majesty who therefore ought to be Addressed for that end by the Parliaments of both Nations that they may have the Liberty to sit at the same time for adjusting all Matters that relate to that important Affair But if the English continue to neglect and delay to unite with Scotland upon reasonable Terms the Scots only Interest will be to mind their own Business for the future so that whatever War may happen to England let them ly aside preserving Peace both at Home and Abroad and making the best Advantage they can either of their Neighbours Circumstances or their own Knowing that tho' his Britannick Majesty can declare War against any of his Neighbouring Princes by virtue of his Prerogative yet he cannot oblige his Scots Subjects to furnish Money for carrying it on unless they please and find it for their Interest Which is impossible so long as there is no greater Union betwixt England and Scotland than at present For ever since our Kings Accession to the Crown of England the English have always used the Scots as the Ape did the Cat 's Clutch to pull the Chesnut out of the Fire Let us therefore apply our selves to Frugality and Honesty and to every thing that can put this Nation above the Contempt of its Neighbours Let us acknowledge King William for our Monarch so long as he liveth and till the Hour of his Death let us never so much as talk of a Successor to him nor Cabal either for the Prince of Wales or Hannover But may we for once mind our selves having already been too fond of procuring Kings to the English Throne who have only made use of us to serve their own ends At his present Majesties Death if there be no Successor which is already provided by Law and if this Kingdom be not united with England Experience will teach us how to dispose of our Government And no doubt but Scotland is as able to subsist of it self by the Industry and Wisdom of its People as well as many petty Governments in Europe I will now end putting the present Members of Parliament in Mind That seing in all probability his Majesty will not ratifie that Resolve of Parliament concerning Darien without which according to my Opinion there 's none of his Scots Subjects that did contribute for that Expedition but by Law may be pursued as Pirats or their Abettors Or must accept of a Dishonourable Remission I say then in the mean time let the Members accept of all other good Laws his Majesty will be pleased to grant and especially the Act for a Biennial Parliament without which I would not give a Farthing for a thousand good Laws because they will all be broke for want of Execution But never let them give more Taxes during his Majesties Life which are not for advancing some Publick Benefit to the Kingdom And by so doing we will testify to all the World that the Scots are not to blame for being branded with the Ignominious Crime of Piracy Having had all the Right that the Law of Nations could give them for taking Possession of such a Place Being then the Honour and Safety of this Ancient Kingdom the Advantages that may accresce to it for the future and it 's own present Happiness do in a word depend absolutely upon the steddy and honest Conduct of the Members of this Parliament Let therefore every Member who shall prefer his privat Interest to that of the Publick be an Abomination to all Honest Scotsmen Who I hope shall have no more reason to complain to Providence in the Words of Lucan Faelix Roma quidem Civesque habitura superbos Si Libertatis Superis tam Cura placeret Quam Vindicta placet FINIS
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
of People for whatever People cannot find Entertainment Employment in Scotland will chuse rather to go further South and serve their own Country than to Ramble abroad for a Livelihood So that the Number of People which dies by Excess and Debauch in and about London or the Southern Provinces would be supplyed And how profitable the Multitude of People is to a Country that have Employment and Entertainment for them is inexpressible Because it 's the People that by their Labour and Industry makes the Wealth and Power of every thriving Nation Therefore their increase should be promoted by Wise Conduct and Good Counsel 2ly An Augmentation of Riches for England being the larger and better Kingdom Scots People would rather purchase Estates there than in Scotland In England would be the Metropolis of the whole Island the Meeting place of Parliament and of all the Chief Judicatures thro' which the Treasure of the whole Body Politick must Circulat as Blood thro' the Heart of a Natural Body 3ly As Scotland would Increase in Riches it would be the more able for Taxes and contributing force both at Sea and Land for the Sustenance of the whole Body Politick And consequently England would pay less and gain more than at present when it 's obliged to support of it self the whole Character of the King of Great-Britain Lastly England would be secure within it self which can never happen so long as the Interests of England and Scotland are different Nor is it to be expected That the Union of Crowns can always last in the State they are in at present Because it makes too much for the Oppression of Scotland And if it falls out that the two Kingdoms are brought into the same Condition that they were in before King James his Succession to the Crown of England what can be hop'd but that all old Animosities will be renewed to the mutual ruine of both Parties And even let us suppose that as England is every way Superior to Scotland so it were able to reduce it as a conquered Province yet England shall never gain so much that way as by a fair Union For the Country would be depopulat rendered Inhabitable and made a Prey to every Nation that would be at the pains to invade it Besides it would cost England a great Expense of Blood and Treasure to defeat so many Thousands of brave Men that would stand up for the Defence of their Country and Liberties and the same Army that had conquered them perhaps may be induced at last by an Ambitious King to turn their Swords against their own Country-Men So that by the same Army the whole Island would hazard to undergo the same fate We may therefore with a Demonstration believe that the only safe way for England to conquer Scotland is by a fair Union The Advantages which Scotland will reap by an Union with England are FIRST it 's Trade will increase having as free a Trade over the whole World as England Which would inable it not only to Contribute the more for the Safety of the Publick but to improve all its Barren Ground to the great Satisfaction and profit of Land-proprietars 2dly It s Poor would no longer be a Charge to the Nation Because they could be employed in Manufactories and Fisheries 3ly The Highlanders could be brought to foresake their Ancient Customes and Language and to apply themselves to Virtue and Industry Lastly Courtiers would no longer be a Grievance to the Nation The Multitude of Nobility to the Gentry nor them all together to the poor Husband Man Because the Interest of the English Court would be that of Scotland the English and Scots Commons could Ballance the Nobility of the whole Island and the increase of Riches would hinder Estates from being often sold and Rentals racked So that the poor Husbandman would be incouraged to improve his Farm by a long Lease and easie Duty The Advantages that would accrew to the whole Island supposing the Kingdoms United are FIRST It would be in a Capacity to keep the Dutch Low by managing the Herring and all other Fisheries that the British Subjects could undersel them in all Forreign Mercats and in time bring them to the same Submission in Fishing that they were in about the beginning of the Reign of King James the first It would likewise be able to encourage all Linnen Manufactories at home put them in a Case of serving the whole Island which would preserve a great deal of Treasure in it that is spent upon that Commodity in Holland and other Countries Secondly It would be in a Capacity to oppose it self to France in Defence either of it's own Interest or of that of it's Allies without being in danger of any Domestick Convulsions All Europe is sensible at present how formidable France is to its Neighbours for its extent of Country vastness of Treasure number of Forces by Sea and Land Bravery of Officers and for the Wisdom and steddy Counsel of its State-Ministers That if ever Providence hath ordained her the Empire of Europe it must be shortly after the Death of this King of Spain For according to a private Treaty with its Neighbours it will be put in peaceable Possession of as many Territories of the Spanish Monarchy as are able to command all the Mediterranean Trade and no doubt but it will be at the pains to seize the rest of it at its own Conveniency and even Darien too which was so much envyed when in the Possession of the Scots The Right of which would belong to this whole Island were Scotland and England United And how much it were for the Interest of Great-Britain to be Master of that Isthmus is obvious to every Coffee-house Politician in spight of all our more refined Wits To oppose the Union of England and Scotland there are different Nations out of different ends First Most of our Popish Neighbours out of this Maxim That when People differ in Interest they will never trust other upon point of Feligion being obliged to transgress all its Rules by Treachery Cruelty and other unlawful Means in protecting and advancing their worldly Interests Now how much the Church of Rome Glories in seeing the Protestants destroy one another is best known to themselves Secondly The Dutch will oppose it with all their Power and Cunning for preventing the strengthning of this whole Island in Force and Riches by the ruining their Fisheries which provides them with Sea-men and Money and the undoing their Linnen Manufactories at home The Dutch of all People understands their Interest the best and stumble least at any thing makes for their Publick Good otherwise why would they have attempted the whole Trade of the East-Indies by the Massacre of the English at Amboina Or the Dominion of the whole Seas after that the Troubles of England and Scotland had disabled King Charles the First from taking notice of it and that the English Government was shaken in pieces after its
that they might depend upon the Court for a Livelyhood and did so much harrass the whole body of their People with Persecutions and Taxes to make it for ever uncapable to strugle for Liberty The Kings of Sweden and Denmark secured first their Clergy next the Consciences of the Common People and lastly did destroy most of the Ancient Families of their Nobility and Gentry The many Popular Furies which have raged in this Island have no doubt been great Motives to our Kings to approach as near our Priviledges as conveniently they could King James the First of Great-Britain endeavoured to screw his Prerogative as far as the People would suffer him for he thought nothing of Imprisoning Members of the English Parliament or to issue out Proclamations prohibiting his Subjects to talk of State Affairs Tho' in the mean time he was acting against the Interest of his Kingdoms And the late King James seems to have had a great Itch after an absolute Power when his introducing Popery was the principal Step could have been made for that end because of the Multitude of Church-Men and the Decay of Trade which for the most part are unseparable from that Religion But it would appear that the Reason our Kings have so often been baulked of their Designs to teach their Subjects the Practical Rules of Passive Obedience hath been the want of Money and a powerful standing Army Nevertheless they have attacqued us on our blind side which was to divide the People of this Kingdom amongst themselves and then to espouse a Party which was sufficient to plunge any Countrey into the greatest Misery by leaving the Publick Good neglected and nothing to be sought after but Revenge and Interest King William came to this Island when both its Affairs and those of other Princes of Europe did require him then was it that an Occasion offered it self to the Scots for putting their Countrey in a State of Thriving and for curing all the Defects of its Government But Providence so ordered it that they were divided amongst themselves and rendered uncapable to unite in Counsel for promoting the Publick Good They were therefore lyable to be led away whether the greatest Faction pleased which Faction divided in Imagination the Spoil of their Countrey and shared all Places of Publick Trust amongst one another before ever they were determined to offer the Crown to his present Majesty Who is a Prince of an Illustrious Family and merits to be ranked among the greatest Men of his time I hope therefore whatever Historian takes upon him to celebrat and perpetuat to Posterity his Heroick Actions will do him Justice by giving a true and genuine Account to the World both of his Virtues and Vices That the one may serve to set off the other as dark Shadows do the best Pictures SECTION VI. That a mixt Government cannot increase in Wealth and Power but by the Honesty and Wisdom of its Members of Parliament IF one were to play the Philosopher he might for Disput's sake tell us That the Subjects of all Governments are equally happy provided they be not sensible of their present Misery As for Example that a French-Peasant who hath coarse Bread to fill his Belly and Canvas-Cloaths and Wooden-Shoes to protect him from bad Weather is as much obliged to Fortune as an English Farmer who can smoke his Pipe and talk of Liberty and Property at random Yet if we lay aside the Theory and consider the Practice of People we will read in all Histories that every Nation of Europe which at this day hath no Vestiges of its ancient Government has strugled with its Kings for Liberty to the last Breath An Instance of this are the French who ever since the Reign of Lewis the 11th have been attacqued in their Liberties by succeeding Kings and could never be forced to succeumb till the Reign of this present King Who hath taken all Opportunities to execute Cardinal Richelieu's Political Testament by arming his Popish Subjects against those of the Reform'd Religion by accustoming his Peasants to exorbitant Taxes and Poverty and by bringing the greatest of his Subjects to depend upon his Pleasure for a Livelyhood Is there any Man that hath the good luck to be born a Subject to a Limited Monarch who compares the Circumstances of one that liveth under a Tyrant with his own but will bless his Stars and acknowledge himself much happier in his Practice of Liberty than any Slave can can be in its Shadow or Theory All Governments by the Corruption of their Parts are lyable to many Convulsions and even to be changed at last into Tyrannies if the Nature of their Constitutions do not guard against them We therefore in Scotland are obliged to our Fore-Fathers that have left us a Government which is Limited Monarchy and in which the Prerogative of the Prince and the Liberty of the People are so well regulat that there seems nothing wanting that may tend to the Happiness of either but Honesty and Wisdom in the Members of Parliament For Rome was never enslaved by its Princes till the Senat delivered up its Priviledges to Julius Caesar Who was then put in a Condition to curb the Liberties of all the Unthinking People of the Roman Empire with Forms and Names in place of wholesome Laws I may say with Regret that it hath been our Unhappiness ever since the Restauration of King Charles the Second that our Liberties have been exposed by the Unlucky Division of our Parliaments into two Factions Whereof the one was called the Court-Faction and the other that of the Countrey The Court-Faction was a Party of Men who under Protence of Zeal to the Service of their King destroy'd their Countrey by corrupting Members of Parliament by dividing the Spoils of the Publick Treasury amongst themselves and Minions and neglecting every thing that could promote the Trade of this Nation or provide a Livelyhood to its Poor That Faction was composed of Men who had different Motives to comply with Dishonest Practices One out of Simplicity and good Nature hoping that by laying Taxes on his Countrey he did his Majesty good Service Another out of an Inclination he had to be a Knave And a third out of a Desire to gain Pelf thinking it time enough to serve the Publick when once he had served himself The Countrey-Faction was a parcel of Members of Parliament who thought it their Duty to keep the Legislative Power untainted to be Jealous of the Peoples Liberties and Rights and to be careful for the Publick Safety by watching over the Ministers of State that they should not embezle the Publick Money by imploying it to corrupt Members of Parliament or to maintain a standing Army to bully the People out of their Senses These Members that made up that Party have moved according to different Principles for one hath acted out of pure and sincere Love to his Countrey another out of Hatred and Malice to Statesmen and a third out of