.

the title of it is abfurd and impoffible; for the title is, 'An act for encouraging and increafing of fhipping and navigation.' It is impoffible to encourage any inanimated body, as a rump, ftock, ftone, dead horfe, ass, or fhipping: its true, men may be encouraged to increase shipping and navigation, but then it must be (I conceive) by one of thefe ways; either by giving money or rewards to those who build ships; or, by increasing trade, by which these fhips may be better employed: and I do not find that ever the Rump gave one groat to encourage this fhipping and navigation." —And, after a great deal more againft it, he concludes, and fure, now its more than time the King and parliament would loose the nation from the fetters which this act (made in hafte and fpight against the Dutch, by a company of ufurpers and regicides) hath put upon it; not only to our lofs, but as much to the benefit of the French as well as the Dutch: and I do fay, that this law has been more injurious to the English nation, than all the injuries it hath received from the French and Dutch, either in war or peace; nor will it be poffible for the nation to repair the (*) Detection, vol. loffes fuftained by it, but by repealing it (x).' All this. is very high! 'tis pleasant, however, to obferve, that 29. this author has taken the title of the act as new modelled in the beginning of Charles II's time, to fhew what an abfurd, ftupid race of animals thefe ufurpers and regicides were. Had he read it, as given by the parliament, he would not have expofed himself as he has here done. Sir Fofias Child is an authority more to be regarded in matters of commerce than most. His opinion, therefore, I fuppofe, will alone be fufficient to fet afide Mr. Coke's cenfure. The act of navigation,' fays he, though it have fome things in it wanting) Preface amendment, deferves to be called our (Charta Ma-to his New • ritima) (y).' And again, for my own part, I am of Difcourfe of opinion, that, in relation to trade, fhipping, profit and power, it is one of the choiceft and most pru- 1693. dent acts that ever was made in England, and with⚫ out which we had not now been owners of one half

Trade,

12mo. Lond.

• of

union (q) with Scotland, and the fettle

ment

(x) Child of the shipping, nor trade, nor employed one half of the feamen which we do at present-(z).'

on Trade, P. 91.

(a) Vol. i. P. 388.

(2) The projection of an union with Scotland. T The parliament of England being defirous, after all thefe fucceffes, fays Ludlow, to convince even their enemies, that their principal defign was to procure the happiness and profperity of all that were under ⚫ their government, fent commiffioners to Scotland to treat concerning an union of that nation with Eng⚫ land in one commonwealth; directing them to take care, till that could be effected, that obedience should be given to the authority of the parliament of the commonwealth of England. The commiffioners appointed to this end on the part of the parliament,' were Sir Henry Vane, the chief justice St. Johns, Mr. • Fenwicke, major Salloway, major-general Lambert, • colonel Titchborn, major-general Dean, and colonel Mork. This propofition of union was chearfully accepted by the most judicious among the Scots, who ⚫ well understood how great a condefcenfion it was in the parliament of England to permit a people they had conquered to have a part in the legislative power (a).The fame author, in another place, writes as follows: The parliament having refolved < upon the incorporation of Scotland with the nation. of England into one free ftate or commonwealth, and to reimburse themselves fome part of that trea fure they had expended in their own defence against the invasions of the Scots, declared the goods and lands, formerly belonging to the crown of Scotland, to be confifcated, and alfo thofe that were poffeffed by fuch perfons as had affifted in the invafion of England by • Duke Hamilton, in the year 1648, or had appeared • in arms fince, under the King of Scots, in order to ⚫ fubvert the prefent government; excepting those who, fince the battle of Dunbar, had abandoned the faid · King of Scots, and, by their merits and fervices, had

ment of Ireland before-mentioned (both of
which

་

rendered themselves worthy of favour. That all fuch who are not comprehended under the faid qualifications, and shall concur with them in their just enterprize, fhall receive the benefit of their protection, and enjoy their liberties and goods equally with the free people of England. In purfuance of this decla⚫ration of the parliament, their commiffioners in Scotland published another, wherein they difcharge from confifcation all merchants and tradesmen, who poffefs, not in land or goods above the value of five hundred pounds, and are not prifoners of war, foldiers of fortune, mofs troopers, or fuch as have killed or committed outrages against the English foldiers' contrary to the laws and cuftoms of war. They al-' fo emitted a proclamation, abolishing, in the name of the parliament, all manner of authority and jurif ⚫diction, derived from any other power but that of ⚫ the commonwealth of England, as well in Scotland as in all the isles belonging to it. After this they fum-' moned the counties, cities and buroughs, to agree < to the incorporation before-mentioned; of which eighteen of one and thirty counties, and twenty-four of fixty-fix cities and boroughs, confented to fend their deputies to the parliament of England, most of the reft excufing themselves for want of money to defray the expences of their reprefentatives (b).' 'Let (6) Vol. i. us now hear Dr. Gumble, who wrote at a time when it P.401. was no way fashionable, or, perhaps, fafe to fay much in praise of the commonwealth. The English • pretended commonwealth having reduced the whole nation of Scotland and Ireland, they having a great • calm of peace and tranquility, they fell upon a project (though practifed by ufurpers, and men who had great fears because of their great crimes, and of much care and diligence, becaufe of their future danger to be brought to condign punishment) to unite all the three nations into one government, and to meet in

which fo much contributed to the welfare

of

one parliament, a work which they did effect by the prefent advantages of conqueft, and by a pretended confent of fome elected deputies: this union being a work which King James, of bleffed memory, fet on foot, and renewed by our gracious fovereign King • Charles II. (whom God direct to the conclufion) an affair that would as much tend to the peace and publique fecurity of all the three nations, as any other defigne that can be imagined; but thefe men, like the children of this world, who were more wife in their ⚫ generation than the children of light and truth, who were able by their force then upon thefe conquered countries; for fo they were then in appearance, though, upon unjust grounds, they compelled them to fend members to the parliament of England, which not a little advantaged the traffick of all, which is ⚫ fince prohibited, but, upon a renewed union, would be confirmed: to gain this point, they published an act of oblivion, to forget all injuries, and forgive all hoftilities; to imitate the fubtil eftate of Athens, that first gave the precedent.-To this end commiffioners from the pretended parliament were fent down into Scotland, amongft whom was general Monk (without whofe interpofing little good was to be done in Scotland) and though St. John, Vane and Salloway, with others, could talk more, yet none could perfwade ⚫ that nation fo much as he, who (though they looked C upon him in the times of hoftility as a fevere enemy) yet they trufted him in this business more than all the reft, and, upon giving them hopes of better days, fubmitted to the prefent neceffities.-Upon the fettling all things there, according to the will and (c) Life of pleasure of their mafters in England, they returned, and general Monk with them (c).'-On examination of the Journals, and Mr. Whitlock's Memorials, who had a great hand in bringing the union with Scotland to a head, it appears that Ludlow's account is, in

Monk,

47. 8vo.

P.

Lond. 1671.

the

of the English nation) the new modelling

6

the

(d) See

Collections.

the main, pretty exact (d). However, the parliament had not the honour of finishing this affair. It was reJournals of ferved for Cromwell, who, by an act, paffed April 12, October 8. 1654, intitled, Scotland made one commonwealth with 26. and 29. England,' fully accomplished it. In the preamble of 1652. this act the proceedings of the commonwealth are briefly recited, and it is declared, that Scotland and its dependencies fhall be incorporated with England, and in every parliament, to be held fucceffively, thirty perfons hall be called from, and ferve for Scotland. By this act kingship was abolished there; the arms of Scotland were to be borne with the arms of the English commonwealth; fervitude and vaffalage taken away. Superiorities, lordships, and jurisdictions abolished, and the heritors freed from all military fervice, and all forfeitures (e) Scobel's fall to the lord protector for the time being (e). These, with many other things, were enacted, tending to deftroy the tyranny and power of the great men in that kingdom, and render the people more eafy and happy. Mr. Dalrymple, fpeaking of the jurifdictions of the Scotch, fays, Cromwell had enough of the monarch to fee how inconfiftent thefe private jurifdictions were, either with the intereft of the fupream power, or the fafety of the people; but he had too much of the ty< rant, to think of making any reparation to the private proprietors, from whom he took their jurifdic- (ƒ) Hiftory tions, but to whom he gave nothing in return (f).' of Feudal What the wisdom of monarchs has been hiftory will Property, beft determine; how much of the tyrant appeared in Lond. 1757. taking away these jurifdictions is not fo very certain. That they were inconfiftent with the fupream power, or the fafety of the people, were reafons abundant for their abolition. For no private intereft ought ever to be regarded that ftands in competition with these. That he gave nothing to the private proprietors might be, because they merited nothing from his hands. They had, almost all of them, Cavaliers and Prefbyterians, oppofed

the

P. 294. 8vo.