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
be found in either of them it is very surprising that ever since the Reformation in this Island there have been two Parties which have set up for different Schemes of Church-Government the one called Presbyterian and the other Episcopal and that either of them hath been so zealous for establishing its Government that nothing will please either of them if its Government be not of Divine Institution by which the one Party can damn the other But upon what grounds either of them can call it's Church Government Jure Divino if it is not institute in every point by God as the Jewish Government was I cannot comprehend For First That Church Government which is from God must be revealed by him to his People some way or other but no Scheme of Church Government hath as yet been revealed Therefore all Church Government must be of Humane Institution That no Scheme of Church Government is yet revealed is evident because there 's none in all the New Testament unless we are perswaded that when we read the words Bishop Deacon Diaconess we have found the very individual Scheme of Government that was in use amongst the Apostles For my part I understand no more of their Church Government by reading these words than one can understand of the Civil Government of Scotland if he heard only of a President of Council or of some Officers of State Secondly If the Apostles had constitute a Church Government after which we were obliged to model one as if it were immediatly from God surely we must understand it in all its parts otherwise we cannot follow it in all its Form but the Practice of the Apostles in constituting their Church Government is but little known to us therefore it 's impossible for us to follow their Practice in forming a Church Government Nor do we follow at present the Practice of the Apostles in as far as we know it otherwise there should be no Bishop by virtue of a Conge d'es lire nor should the Presbyterian Government want Diaconesses and other Officers which were in Use in the Primitive Churches because by the same Authority we either add or diminish from the Practice of the Apostles in Church Government if it be an Article of Faith by the same Authority we can change their Practice altogether Lastly I cannot believe that any particular Form of Church Government is prescribed to all particular Churches otherwise we may reasonably suppose that the Apostles who have been at the pains to writ down all that is necessary to be believed would not have omitted to leave it to Posterity Seeing then that we have no Scheme of Church-Government in the Scripture where must we go next to prove either the Episcopal or Presbyterian Government to be of Divine Institution I suppose it must be from the practice of the Fathers of the first Centuries but if they were Men like unto our selves capable of Error and Folly I hope their practice will be of no more Authority than they had reason on their side That the Fathers of the first Centuries were Men fallible like unto our selves may be proved by these two considerations First They have erred in points of the greatest Consequence Justin Mar tyr the most ancient of all the Fathers next to Clemens Romanus was of Opinion that the Saints should Reign a Thousand Years in Jerusalem before the Resurrection should be accomplished Which was the Opinion of the Chiliasts condemned by all the Orthodox Ireneus mantained Iren. contra Hoer that our Saviour was above Fourty Years when he suffered Death contrary to what we are taught by the Evangelists Clemens Alexandrinus believed lib. 1. Strom. that the Angels fell in Love with the first Women and that this Love transported them so far as to make them indiscreetly to discover unto them many secrets which they ought to have concealed The reason I suppose made honest Clemens entertain such a Notion was that the Women in his days were more reserved in discourse than they are at present Tertulian against all Reason lib. 1. Adver Marc. makes God subject to the same passions that we are subject to And Cyprian who was Turtllian's admirer hath mantained many of his ridiculous Opinions Secondly they have been at great Variance amongst themselves and mantained different Opinions of great moment Justin Martyr and Ireoeneus promised us the pleasures of a new Jerusalem upon Earth for a Thousand Years whilst Dionisius Alexandrinus and St. Hierome laught't at them for fools But grant that we should follow the practice of the Fathers In Church-Government let us see what we can learn from their Writings To perswade us that there were many Bishops in one Church we have both the Authority of the Holy Scriptures and of Clemens Romanus Epist 1. ad Cor. Yet Ignatius Tertullian and Cyprian affirm that there was and ought to be but one Bishop in a Church at a time Now whether to believe these Fathers or the Holy Scriptures or to reconcile them both by telling that the words Bishop and Presbyter were used promiscuously is left to the Discretion of every disputing Divine A whole Church did meet together to manage their own Affairs when the Schism of Felicissimus was to be debated it was to be done according to the Will of the People and by the consent of the Laity as Cyprian witnesseth in his 10 Epist but either this was the Custom of all the particular Christian Churches or only that of Carthage if it was the Universal Custom we don't know and that it was the practice of the Carthaginian Church doth not bind all other Churches to follow it If Presbyters had not the same Inhaerent Right to perform all the Ecclesiastical Offices which the Bishops had I don't understand why Cyprian being Exiled Writes Epist 5. to his Clergy exhorting and begging of them to discharge their own and his Office too that so nothing might be wanting either to Discipline or Diligence Nevertheless according to the present practice where Episcopacy is in fashion no body can ordain but a Bishop Presbyters were not Estential to the Constitution of a Church for Tertullian in his Exhort ad Castitatcm sayeth that where there are no Presbyters the Bishop alone Administers the two Sacraments of the Lord's Supper and Baptism Yet how there can be a Bishop without Presbyters if the word Bishop be taken in the sense it is used now a dayes must be the same thing as if a Man could be called the Father of a Familie who had none When Cyprian maketh an Apology to his Presbytery or Commune Concilium as he termeth it for ordaining Aurelins a Lector without their consent we don't know whether it be out of Civility to them or out of his duty the words are Epst 38. In ordinationibus clericis solemus vos ante consulere mores ac merita singulorum communi consilio ponderare c. where the Word solemus may be taken as if in duty he ought to do so
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
Alteration Lastly The French will oppose any Union betwixt England and Scotland and rather than it should succeed will follow Cardinal Richelieu's Practice in corrupting Leading Men in both Nations to foment Jealousies between them or in hireing some Mercenary English Poet or Historian to represent Scotland with all the Rancour that ill Nature and Ignorance can inspire in them The French for many years have baulked nothing that could raise their Monarchy above the Powers of their Neighbours and nothing hath been more formidable to their Designs than the Joint Force of the Island of Great-Britain when England alone had broke their Measures long e're now and brought them to Reason if it had not had Diversion at Home occasioned so often by French Counsel It 's long since Philip de Comenes said That in his time all the King of England's Ministers and great Persons had Pensions of France and gave their Acquittances upon every Receipt which were to be seen in the Chamber of Paris I shall now end this short Essay having no other Design by it than the Prosperity of Great-Britain and hopes that some Judicious Unbyassed Persons as the Learned Doctor Davenam who hath writ so many good Books for the Service of his Countrey will be at the Pains to handle this Subject in all its Particulars That all Doubts being removed from the People of both Nations there remain nothing to be done but the Action of Uniting And till they be convinced of the absolute Necessity of it my Wish is That England be out-witted in its Politicks by all its Neighbours and cheated by its States-Men into a fond Belief of its own Abilities And that Scotland continue an oppressed Nation by Courtiers and Publicans and never have a state-State-Council but of Mock-Politicians and Enemies to their Countrey Vis Vnita Fortior AN ESSAY UPON THE PRESENT STATE OF SCOTLAND IT 's observable that there 's a great Variety in Men both as to their Bodies and Souls conform to the different Situation of the Countries they inhabit upon which account it is that they differ so much in their Dispositions to Courage Justice Temperance Wit and Goodness And their Souls are yet more various than their Bodies that there appears sometimes a greater difference betwixt some Men and others than betwixt some Men and Beasts And as there 's a great Variety betwixt Men of different Clim's in respect of their Souls and Bodies so is there a great Disparity amongst Apprehehensions and Understandings of the People of the same Countrey proportionable to their Education which is the Reason that their Thoughts of things are not all of the same Reach and Justness There 's no Society without its Members amongst whom as there is a Sub-Ordination of Understandings so there 's a Sub-Ordination of Power and Command proportionable to the different Stations they hold in that Society whereof they are Members And hence it is That there are in every Kingdom as it is a Society People of all Characters which taken all together make up the Body Politick Being then I 'm to writ this Essay of the present State of Scotland I will give a short View both of its People and of their Affairs in the sollowing Sections SECTION I. Of the Education of Youth AS the strongest Bodies owe their Vigour in a great Measure to the first knitting of their Joynts and the most stately Trees are beholding to the hand that first planted them in an agreeable Soil So do Men owe whatever Esteem they acquire in this World to their Education The Impressions of which are strong grow up with them from their Cradle and accompany them to their very Graves Hence is it That the most wise and understanding Law-givers of different Nations thought it their noblest Work to prescribe Rules for the early Institution of Youth The Number of Schools and Universities in Scotland is enough to impose upon the World that there are used in them all the reasonable Means for instructing of young People in Languages Arts and Sciences But when one comes to examine the Methods and Formalities of Masters in Teaching he will soon be undeceived To look into a Grammar-School one will find an Assembly of Boys of different Capacities smuttering of Latin one who hath spent four Years at School another three and a third more or less yet there shall not be one of fourty who hath made the Proficiency in the Latin that another Boy will do in any Modern Language with half a Years teaching Surely there must be some Reason for this that either proceeds from the Difficulty of that Language or from some other Cause But that the Latin is attainable in a short time we have the Example of many young People and likewise of Accursius the Famous Lawyer who was fourty Years old when he first studied Latin Nevertheless he hath left some Volumes to the World in that Language The Causes therefore of Childrens slow Progress in the Latin to me seem to be First The Formality and Affectedness of Parents putting their Children too young to School before they have the Sense or Patience to apply themselves or without considering whether they design them for Employments that require no Knowledge of Latin Secondly The wrong and pedantick Method Schoolmasters take in teaching their Scholars For how absurd is it that they should teach them Latin in the same Tongue they do not understand and after a very tedious manner charge their Memories with Rules and Precepts which they no sooner learn than they forget Next To examine the way of Teaching in our Colledges we will find that young Students bestow only half a year upon the Greek which is so useful a Language to the Learned and allow three years to learn Errour and Nonsence For in place of Euclid's Elements and a good System of Experimental Philosophy they study large Volumes of Logicks and Metaphyficks which are fit only to subtilize their Brains being the true Cobweb-learning of this World soon wrought and soon forgot Seing that the Education of Youth contributes so much to the making Men capable either to serve themselves or their Country The Commissioners appointed to visit Schools Colledges ought to take special Care both to oblige Masters to practise good Methods in Teaching and to encourage most the learning of Mathematicks and parts of Experimental Philosophy Because it s from them we have our Learned Physitians Mechanicks Sea-men Engineers which are of more value to the Publick than thinking Men that are Learned only in Triffles and who chuse the study of General Physicks and Metaphysicks for Disput's sake It were for the Advantage of this Nation That no Boys be put to learn Latin that are designed by their Parents or Friends to be Merchants Mechanicks or Husband-men For how ridiculous is it that they should consume so many years in learning a Language which is forgot in one year if not practised and neglect the study of their own Language and other Modern