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The Great Duke of Buckingham, in the Reigns of King James the First, and King Charles the First, is an evident Instance of this, who being a Favourite of two Princes, and having got the whole Government into his own Hand, set this Nation so much against him (which could never yet bear a single Minister) that he was accused in Parliament of black and beinous Praktices against his late Master, King James, and his Ambition, Avarice, and exorbitant Power, laid the Foundation of those fatal Troubles to King Charles the First, than whom no Prince, that ever sway'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 residing here; besides which, 'no Man knows what the Danger of his Absence may be in any fatal and critical JunElure. The Methods and Directions relating to the Settlement of the Scotcb Crown on the House of Hanover, make it reasonable for any Man to believe it possible, that there may be a Difficulty to call over the Hanover Succeffor at such a Time; for we may then have no Fleet in Readiness ; Sickness, or many other Accidents, may hinder ; the Wind may be contrary. All Men know, that Wind, which may bring the French Fleet hither, must keep him from hence,; and who can be sure of a Protestant Wind twice? Scotland on one side is armed and angry; France, on the other, is watchsul and ready, with a powerful Fleet, and a bold Pretender ; and we ourselves so divided and weakned, as to make the Event of Things in such a Juncture uncertain. · Besides, this, if we would learn from the Experience of distant Ages, the Instances of King William Rufus, King Henry I. King Stephen and King John, may convince us how great an Advantage he that first steps into the Throne has of keeping it; And in the Case 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 so far back, when we have so present and so charge. able an Evidence of this Truth before our Eyes ; for who is it that does not know, that the present Duke of Anjou not only has got the Poffeffion of the Spanish Monarchy, contrary to the most folemn Oaths, Renunciations, and Engagements by the Pyrenean Treaty, that either the Wit of Man could invent, or Religion make sacred, but also by stepping first into that Throne, keeps Poffeffion to this Day, in Defiance of all the powerful Asistance of the Confederates to the lawful Heir, and the general Aversion of the Spaniards to the House of Bourbon?

These Things put together, I hope may convince you, that the best Way to induce the Scots to settle their Crown, as we have done, or to secure our own Succession in case they do not, is by having always the Presumptive Heir to the Crown, of the Illustrious House of Hanover, residing here, under the Care and Protection of the Queen,

That her Majesty may live long, and always hold the Scepter in ber own Hand; that she may have Heirs of her own to fill her Throne after her; and in Failure thereof, that the Protestant Line, and House of Hanover, according

to

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

SIR,

Windsor, Dec. 30,

1704.

Your, &c.

An Elay upon the Union of the Kingdoms of England

and Scotland.

T HE Conveniency, if not the Necessity of the Union of the two King

I doms, is no longer a Dispute with those 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 should indeed despair of seeing this great Work brought to a happy Conclusion, did I wish for, or expect a Union, upon any Foot that hitherto has been proposed in Print, Your universal or general Union, which must carry along with it the Destruction of the Constitution of both Kingdoms, and the Resurrection of another in their Rooms, is no more to be expected, than the Annihilation of this World, and the Succession of a new one in its Place. Your Federal Union can never subsist long, if it can exist at all, and tends more to disunite the two Kingdoms from under one Head, than to unite them into one Body ; but the Union I wish for has neither the Impossibility of the former in it, nor the Precariousness of the latter, · If we are united so far as is necessary for the Benefit of both Kingdoms, and upon that Foot that will remove the Fears and Jealousies 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 Englis may expect from a Union with Scotland is an Enlargement of Trade, especially in the Fishery, and a suitable 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 Reason expect to have continued, unless the said Kingdoms be united into one Body.

But how this Union is to be made is what I intend to make an Essay upon, and in order to this, I shall follow this Method: First, To touch up

Vol. 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 universally or generally united, nor fo united as to destroy 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 Reason, let the Municipal Laws of both Kingdoms continue as they now stand ; the English Law for the Inhabitants of England, and the Scotch Laws for the Inhabitants of Scot·land ; let the Courts of Law and Equity, DoEtor's Commons, &c. ftand as they are now in England, under the same Form and Extent of Power and Jurisdiction, as in England at this Day ; and the Courts of the Lords of the Session and Council, the Court of Admiralty and the Commissary Courts of Scotland, continue under the fame Forms and 'Extent of Jurir diction, 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, restrain'd so far only, as shall be hereafter explain'd. Let the Religion of both Countries, or rather of Church-Goveroment, continue as they are establish'd by Law in both Kingdoms. Let the Churches of England and Scotland stand 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 distributive Justice; nay, they seem to be fond of them to a high Degree, and no doubt they have Reason to expect no Alteration in those Things, and the Union both Nations have Occasion for is to be made up of none of these 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 shall 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.
Lastly, In a Unity of Administration in the publick Revenues of both King-

doms.

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

Secondly, The Kingdoms are to be united in a Unity or Community of Parliaments, which is of absolute Necessity; 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

contestably contestably lodg'd with the People assembled in Parliament, or Meeting of Estates, as sometimes in Scotland; and since both Nations are involv'd in one and the same Fate of War and Peace, its but reasonable, that the People of both Nations should be heard in one and the same 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 supported; 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 best 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 Business 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 same Royal Persons; and stand upon the same Right of Succession in both Kingdoms, so far as the Line of Succession is not altered by Law since the Revolution) have occasion, or are oblig'd to call for the Asistance of their Subjects in Parliament, at the same Time the Writs are issued out for the Lords Spiritual and Temporal, and to the Sheriffs, &c. for the electing the Knights, Citizens, and Burgesses of Parliament, let Orders or Writs be issued or given for choosing a certain Number of Scotcb Peers and Commoners, as shall be agreed by the Act of the Union, and after the Manner hereafter describ’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 House of Commons, and let them have the same Privilege, and no more, than every Peer or Commoner has in either House, 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 Constitution of an English Parliament, the Representatives of Scotland shall have neither Vote nor Voice ; that is, neither a Liberty to speak, or a Right to give a Vote; thus the Jurisdiction of the House of Lords, upon Writs of Error and Appeal, and the Rights of both Houses to propose 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 Obstruction from the Scots Members in either House..

And as the Parliament of Scotland is to subsist 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 Q 2

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in one Parliament, are to be hereafter determin’d, ler there be a certain Number of English Peers and Commoners (the more the better for Scotland) to be chosen by each House apart in the first Session of every triennial Para liament: 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 Protestation against any Motion, Speech, Vote or Proceeding in the Scots Parliament or Members thereof, that may seem to intermeddle with the Act of the Union of the two Kingdoms.

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

As for the Manner of choosing the English Representatives in a Scots Parliament, we have already hinted, that is to be done by the two Houses apart in the first Sessions of every triennial Parliament ; and let this Election be upon the same Day that each House chooses their Committees; and let this Election hold for the whole Triennium of every English Parliament, or for every Sessions of such Parliament, as hereafter shall be found convenient.

As for the Manner of choosing the Scots Representatives in an English Parliament, the Custom of Scotland seems to have prepared for that. In the Scots Parliament there are three Estates ; the Nobility make the first Eftate, the Barons and Representatives of Shires make the Second, and the Boroughs or Representatives of Towns and Corporations make the third Eftate: By the Custom of Scotland, this last Estate of the Boroughs have a Right to assemble once a Year or oftner. What can be easier then, than that this fame Convention of Boroughs shall, by Orders to be issued 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 Estate of the Boroughs of Scotland. Sure this is very practicable and very natural. Now albeit, by the Custom of Scotland, there is no such Custom as a Convention of Nobles, yet let the Act of the Union supply this Defect, and impower the Queen, by Proclamation, or otherwise, to call a Convention of Nobles, for choosing a certain Number of their Body to represent their Eftate in the English Parliament. Both these 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 Custom of England is allotted betwixt the issuing out of Writs for calling a Parliament, and the Meeting of the said Parliament. As for the Manner of the Election of the Representatives of the middle Estate, the Barons of Scotland, in my Opinion, the present Method of Custom in Scotland is the best. 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 Successors be impower'd to issue out Writs or Orders to

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