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The Great Duke of Buckingham, in the Reigns of King James the First, and King Charles the Firft, is an evident Inftance of this, who being a Favourite of two Princes, and having got the whole Government into his own Hand, fet this Nation fo much against him (which could never yet bear a single Minifter) that he was accufed in Parliament of black and heinous Practices against his late Mafter, King James, and his Ambition, Avarice, and exor-bitant Power, laid the Foundation of those fatal Troubles to King Charles the Firft, than whom no Prince, that ever fway'd the English Scepter before him, began his Reign with greater Affection and Love of his People.

These are some of the many Advantages of having a Succeffor to the Crown refiding here; befides which, no Man knows what the Danger of his Abfence may be in any fatal and critical Jundlure. The Methods and Directions relating to the Settlement of the Scotch Crown on the Houfe of Hanover, make it reasonable for any Man to believe it poffible, that there may be a Difficulty to call over the Hanover Succeffor at fuch a Time; for we may then have no Fleet in Readiness; Sicknefs, or many other Accidents, may hinder; the Wind may be contrary. All Men know, that Wind, which may bring the French Fleet hither, muft keep him from hence; and who can be fure of a Proteftant Wind twice? Scotland on one Side is armed and angry; France, on the other, is watchful and ready, with a powerful Fleet, and a bold Pretender; and we ourselves fo divided and weakned, as to make the Event of Things in fuch a Juncture uncertain.

Befides, this, if we would learn from the Experience of diftant Ages, the Inftances of King William Rufus, King Henry I. King Stephen and King John, may convince us how great an Advantage he that firft fteps into the Throne has of keeping it: And in the Cafe of King Stephen, how weak a Security the Oaths and Obligations of a Nation is, even to the rightful and lawful Succeffor.

But we need not look fo far back, when we have fo prefent and fo chargeable an Evidence of this Truth before our Eyes; for who is it that does not know, that the prefent Duke of Anjou not only has got the Poffeffion of the Spanish Monarchy, contrary to the moft folemn Oaths, Renunciations, and Engagements by the Pyrenean Treaty, that either the Wit of Man could invent, or Religion make facred, but also by ftepping first into that Throne, keeps Poffeffion to this Day, in Defiance of all the powerful Affiftance of the Confederates to the lawful Heir, and the general Averfion of the Spaniards to the Houfe of Bourbon?

Thefe Things put together, I hope may convince you, that the best Way to induce the Scots to fettle their Crown, as we have done, or to secure our own Succeffion in cafe they do not, is by having always the Prefumptive Heir to the Crown, of the Illustrious House of Hanover, refiding here, under the Care and Protection of the QQueen.

That her Majefly may live long, and always hold the Scepter in her own Hand; that he may have Heirs of her own to fill her Throne after her; and in Failure thereof, that the Proteftant Line, and Houfe of Hanover, according

to

to the National Settlement, may take Place; and that thofe who wish well to the Peace, Union, and Profperity of Britain, and to our English Liberty, Property, Conftitution and Religion, may be better known, and always profper, is the hearty Prayer of,

Windfor, Dec. 30,

1704.

SIR,

Your, &c.

An Essay upon the Union of the Kingdoms of England and Scotland.

HE Conveniency, if not the Neceffity of the Union of the two Kingdoms, is no longer a Difpute with thofe Men that have given themselves the Leisure to think of this weighty Juncture; but the Practicableness of this Union is what most People are in Pain for. I fhould indeed despair of feeing this great Work brought to a happy Conclufion, did I wish for, or expect a Union, upon any Foot that hitherto has been proposed in Print. Your univerfal or general Union, which muft carry along with it the Deftruction of the Conftitution of both Kingdoms, and the Refurrection of another in their Rooms, is no more to be expected, than the Annihilation of this World, and the Succeffion of a new one in its Place. Your Fœderal Union can never fubfift long, if it can exift at all, and tends more to difunite the two Kingdoms from under one Head, than to unite them. into one Body; but the Union I wish for has neither the Impoffibility of the former in it, nor the Precarioufnefs of the latter,

If we are united fo far as is neceffary for the Benefit of both Kingdoms, and upon that Foot that will remove the Fears and Jealoufies of both Nations, and redress the Grievances complain'd of by both Sides, then we are united to all Intents and Purposes. The Benefit the Scotch expect from their Union with England is a Participation in the English Trade, and the Benefit the English may expect from a Union with Scotland is an Enlargement of Trade, efpecially in the Fishery, and a fuitable Encrease of People to manage that Trade, and to fill up the English Fleets and Armies ; but chiefly what is wanting to compleat the Happiness of England is Peace and Safety, which England scarce ever enjoy'd before the Union of the two Kingdoms under one Head, and can't with Reafon expect to have continued, unless the faid Kingdoms be united into one Body.

But how this Union is to be made is what I intend to make an Effay upon, and in order to this, I fhall follow this Method: First, To touch upVOL. III.

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on what the Kingdoms are not to be united in, and again what they are to be united in.

As to the first, they are not to be univerfally or generally united, nor fo united as to deftroy the main Conftitution of either Kingdom. We are united already under one Head, and we may be united into one Body, without confounding and destroying the Laws and Religion of either Country, or exchanging one for t'other: For this Reafon, let the Municipal Laws of both Kingdoms continue as they now ftand; the English Law for the Inhabitants of England, and the Scotch Laws for the Inhabitants of Scotland; let the Courts of Law and Equity, Doctor's Commons, &c. fland as they are now in England, under the fame Form and Extent of Power and Jurifdiction, as in England at this Day; and the Courts of the Lords. of the Seffion and Council, the Court of Admiralty and the Commiffary Courts of Scotland, continue under the fame Forms and Extent of Jurifdiction, as they are now at this Day in Scotland. Let the Parliaments of both Kingdoms continue as they are, and to do every Thing they can do now at this Day, reftrain'd fo far only, as fhall be hereafter explain'd. Let the Religion of both Countries, or rather of Church-Government, continue as they are establish'd by Law in both Kingdoms. Let the Churches of England and Scotland ftand upon the two Rocks they are built upon, with Toleration to Diffenters; and let the Gates of Hell never prevail against either of them, nor the Gates of either of them prevail against the other; for the People of both Kingdoms are very well fatisfied with their own Forms of Religion, Law, and diftributive Justice; nay, they seem to be fond of them to a high Degree, and no doubt they have Reason to expect no Alteration in thofe Things, and the Union both Nations have Occafion for is to be made up of none of thefe Forms and Matters, but must arise out of a Communication of Trade, and Unity of Peace and War in both Kingdoms: And this leads me to explain what the Kingdoms fhall be united in, which are as follow:

First, Under one Head, and in Peace and War.
Secondly, In a Unity or Communion of Parliaments.

Thirdly, In a Unity or Communion of Trade and Taxes.

Laftly, In a Unity of Administration in the publick Revenues of both King

doms.

As for the first: We are already poffefs'd of that; for we are united under one crown'd Head, and in that crown'd Head the Prerogative of making Peace and War is lodg'd by the Fundamental Laws of both Kingdoms; fo I need fay no more to this, fince we are already fix'd there.

Secondly, The Kingdoms are to be united in a Unity or Community of Parliaments, which is of abfolute Neceffity; for albeit, by the Constitution of both Kingdoms, the Prerogative of Peace and War is lodg'd in either Crown, yet the Right of giving Money for the Support of the War is un

conteftably

conteftably lodg'd with the People affembled in Parliament, or Meeting of Eftates, as fometimes in Scotland; and fince both Nations are involv'd in one and the fame Fate of War and Peace, its but reasonable, that the People of both Nations should be heard in one and the fame Parliament, before they are concluded by this Prerogative of the Crown, or at least before they part with their Money or Men, for the Support of the one, or the Keeping of the other.

But this is but by the bye; but what I am to explain is, the How, or the Way this Union or Communion of the two Parliaments is to be made and fupported; which, with profound Submiffion to the Publick, is of no great Difficulty in Speculation, nor can it be in Practice. We have a Precedent of this Union of the two Parliaments, under a very bad Government; and albeit the Thing was the beft that could be for both Kingdoms, yet the Manner of it was the worst that could be too, and all of a Piece with the Spirit that then prevail'd; but I am not to make a Criticism upon that Government, being mindful of the Bufinefs in Hand, which is to draw out the firft Lines of this Union or Communion of the two Parliaments, which I would have thus,

When the Kings and Queens of England and Scotland (who are the fame Royal Perfons, and stand upon the fame Right of Succeffion in both Kingdoms, fo far as the Line of Succeffion is not altered by Law fince the Revolution) have occafion, or are oblig'd to call for the Affiftance of their Subjects in Parliament, at the fame Time the Writs are iffued out for the Lords Spiritual and Temporal, and to the Sheriffs, &c. for the electing the Knights, Citizens, and Burgeffes of Parliament, let Orders or Writs be iffued or given for choofing a certain Number of Scotch Peers and Commoners, as fhall be agreed by the Act of the Union, and after the Manner hereafter defcrib'd, to meet their King or Queen in Parliament. Let the Scots Peers be admitted into the House of Lords, and the Scots Commoners into the Houfe of Commons, and let them have the fame Privilege, and no more, than every Peer or Commoner has in either Houfe, in Matters that are within the Act of the Union, but in others that are without the Act of the Union, and which relate to the particular Conftitution of an English Parliament, the Reprefentatives of Scotland fhall have neither Vote nor Voice; that is, neither a Liberty to fpeak, or a Right to give a Vote; thus the Jurifdiction of the Houfe of Lords, upon Writs of Error and Appeal, and the Rights of both Houses to propofe and amend the Laws, and relieve the Hardships of them, upon the Petition of the Subject, will remain as they are now, and go on without any Obftruction from the Scots Members in either House.

And as the Parliament of Scotland is to fubfift after the Union of the two Kingdoms, as well as the Parliament of England, for the Regulation of their Religion, Laws, and good Manners, and doing every Thing a Scots Parliament can do now, excepting Trade, Taxes, Peace and War, in which the Kingdoms are to be united, and by the united Council of both Nations

in one Parliament, are to be hereafter determin'd, let there be a certain Number of English Peers and Commoners (the more the better for Scotland) to be chofen by each House apart in the firft Seffion of every triennial Parliament: Let the fame Number of English Peers and Commoners be admitted into the Parliament of Scotland, that of Scots Peers and Commoners shall be admitted into the Parliament of England, but without any Manner of Right and Privilege to speak or vote in that Affembly, unless it be to make Declaration or Proteftation against any Motion, Speech, Vote or Proceeding in the Scots Parliament or Members thereof, that may feem to intermeddle with the Act of the Union of the two Kingdoms.

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Now as the Union of the two Parliaments, after this Manner, feems to be eafy and practicable, I cannot find out there can be any Difficulty to agree upon the Method of choofing the Reprefentatives of each Nation, in either Parliament, or the Number of them alternatively.

As for the Manner of choofing the English Reprefentatives in a Scots Parliament, we have already hinted, that is to be done by the two Houses apart in the firft Seffions of every triennial Parliament; and let this Election be upon the fame Day that each House chooses their Committees; and let this Election hold for the whole Triennium of every English Parliament, or for every Seffions of fuch Parliament, as hereafter fhall be found convenient.

As for the Manner of choofing the Scots Reprefentatives in an English Parliament, the Cuftom of Scotland feems to have prepared for that. In the Scots Parliament there are three Eftates; the Nobility make the first Estate, the Barons and Reprefentatives of Shires make the Second, and the Boroughs or Representatives of Towns and Corporations make the third Eftate: By the Custom of Scotland, this laft Eftate of the Boroughs have a Right to affemble once a Year or oftner. What can be easier then, than that this fame Convention of Boroughs fhall, by Orders to be iffued out under the Great Seal of Scotland, be impower'd to choose a certain Number out of their Body, to fit in every English Parliament, and represent there the Eftate of the Boroughs of Scotland. Sure this is very practicable and very natural. Now albeit, by the Cuftom of Scotland, there is no fuch Custom as a Convention of Nobles, yet let the Act of the Union fupply this Defect, and impower the Queen, by Proclamation, or otherwife, to call a Convention of Nobles, for choofing a certain Number of their Body to represent their Eftate in the English Parliament. Both thefe Conventions can be called to meet in different Places of the Kingdom of Scotland, and upon one and the fame Day, if occafion be, and can finish their Elections within forty Days, that by the Cuftom of England is allotted betwixt the iffuing out of Writs for calling a Parliament, and the Meeting of the faid Parliament. As for the Manner of the Election of the Reprefentatives of the middle Eftate, the Barons of Scotland, in my Opinion, the prefent Method of Custom in Scotland is the beft. That the landed Men in every Shire choose their own. Representatives, as it is in England, only I wish by the Act of the Union, the Queen and her, Succeffors be impower'd to iffue out Writs or Orders to

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