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• the title of it is absurd and impossible ; for the title is, . An act for encouraging and increasing of shipping and • navigation. It is impoflible to encourage any inani• mated body, as a rump, stock, stone, dead horse, ass,
or shipping : its true, men may be encouraged to in'crease shipping and navigation, but then it must be . (I conceive) by one of these ways ; either by giving ' money or rewards to those who build ships; or, by • increasing trade, by which these ships may be better ' employed : and I do not find that ever the Rump gave
one groat to encourage this shipping and navigation.' - And, after a great deal more against it, he concludes, and fure, now its more than time the King • and parliament would loose the nation from the fet• ters which this act (made in haste and spight against
the Dutch, by a company of usurpers and regicides) . hath put upon it ; not only to our loss, but as much ' to the benefit of the French as well as the Dutch : and "I do say, 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 possible for the nation to repair the (x) Deteclosses sustained by it, but by repealing it (x).' All this..99, on
Sii. p. 124 is very high ! 'tis pleasant, however, to observe, that 29. this author has taken the title of the act as new modelled in the beginning of Charles Il's time, to shew what an absurd, stupid race of animals these usurpers and regicides were. Had he read it, as given by the parliament, he would not have exposed himself as he has here done. Sir Josias Child is an authority more to be regarded in matters of commerce than most. His opinion, therefore, I suppose, will alone be sufficient to set aside Mr. Coke's censure. "The act of navigation, says he, though it have some things in it wanting..
19 (y) Preface • amendment, deserves to be called our (Charta Ma-to his New * ritima) (y).' And again, “ for my own part, I am of Discourse of I opinion, that, in relation to trade, lhipping, profit u orelarion to trade. Tipping profir Trade,
nd 6 and power, it is one of the choicest 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
union (re) with Scotland, and the settle
(x) Child of the shipping, nor trade, nor employed one half of on Trade, o the seamen which we do at present (z) p. 91.
(2) The projection of an union with Scotland. ] .Te parliament of England being desirous, after all • these succcfles, says Lunlıw, to convince even their • enemies, that their principal design was to procure • the happiness and prosperity of all that were under • their government, fent commissioners to Scotland to • treat concerning an union of that nation with Engi 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 commissioners ap• pointed to this end on the part of the parliament, • were Sir Henry Vane, the chief justice St. Johns, Mr. • Fe' wicke, major Salloway, major-general Lambert, • colonel Titchborn, majo:-general Dean, and colonel
Mork. This proposition of union was chearfully • accepted by the most judicious among the Scots, who ( well understood how great a condescension it was in o the parliament of England to permit a people they
• had conquered to have a part in the legislative (a) Vol. i.
i. • power (a).' The same author, in another place, P. 388.
writes as follows: The parliament having resolved • upon the incorporation of Scotland with the nation
of England into one free state or commonwealth, • and to reimburse themselves some part of that tra• sure 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
confiscated, and also those that were poflefled by such < persons as had allifted in the invasion of England by • Duke Hamilton, in the year 1648, or had appeared • in arms since, under the King of Scots, in order to I subvert the present government; excepting those who, < since the battle of Dunbar, had abandoned the said • King of Scots, and, by their merits and services, had
ment of Ireland before-mentioned (both of
c rendered themselves worthy of favour. That all such
who are not comprehended under the faid qualifica.' tions, and shall concur with them in their just en
terprize, shall receive the benefit of their protection, cand enjoy their liberties and goods equally with the
free people of England. In pursuance of this decla• ration of the parliament, their commissioners in Scot« land published another, wherein they discharge from • confiscation all merchants and tradesmen, who pol6. sefs not in land or goods above the value of five
hundred pounds, and are not prisoners of war, fol . « diers of fortune, moss troopers, or such as have kil« led or commitied outrages against the English foldiers o contrary to the laws and customs of war. They al• so emitted a proclamation, abolishing, in the name e of the parliament, all manner of authority and juris« 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 sum6 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, consented to send
their deputies to the parliament of England, most of
the rest excusing themselves for want of money to • defray the expences of their representatives (b).' 'Let (6) Vol. i.) us now hear Dr. Gumble, who wrote at a time when is P. 401. was no way fashionable, or, perhaps, safe to say much in praise of the commonwealth. The English « pretended commonwealom having reduced the whole
nacion of Scotland and Ireland, they having a great
calm of peace and tranquility, they fell upon a pro"ject (though praciised by usurpers, and men who had
great fears because of their great crimes, and of much care and diligence, because of their future danger ta « be brought to condign punishment) to unite all the three nations into one government, and to meet in
which so much contributed to the welfare
King by curred to the peace anyone
• one parliament, a work which they did effed by the • present advantages of conquest, and by a pretended o consent of some elected deputies : this union being a ( work which King James, of blessed memory, set on • foot, and renewed by our gracious sovereign King • Charles II. (whom God direct to the conclufion) an
affair that would as much tend to the peace and pu.
blique fecurity of all the three nations, as any other • designe that can be imagined ; but these men, like the ( children of this world, who were more wise in their • generation than the children of light and truth, who were able by their force then upon these conquered countries; for so they were then in appearance, though, upon unjust grounds, they compelled them to
send members to the parliament of England, which 6 not a little advantaged the traffick of all, which is • fince prohibited, but, upon a renewed union, would 6 be confirmed : to gain this point, they published an " act of oblivion, to forget all injuries, and forgive all ( hoftilities; to imitate the subtil estate of Athens, that • first gave the precedent. To this end commiffioners « from the pretended parliament were sent down into • Scotland, amongst whom was general Monk (without ( whose interposing little good was to be done in Scot. • land) and though St. John, Vane and Salloway, wich 6 others, could talk more, yet none could perswade
that nation fo mach as he, who (though they looked 6 upon him in the times of hoftility as a severe ene• my) yet they trusted him in this business more than ( all the rest, and, upon giving them hopes of better 6 days, submitted to the present necessities. Upon
the settling all things there, according to the will and (c) Life of pleasure of their masters in England, they returned, Monk, p. and general Monk with them (C). On examina47. 8vo. Lond. 1675.4
„tion of the Journals, and Mr. Whitlock's Memorials,
of the English nation) the new modelling
the main, pretty exaét (d). However, the parliament, had not the honour of finishing this affair.
**(d) See It was re- Journals of
It was reserved for Cromwell, who, by an act, passed April 12, Etober 8. 1654, intitled, Scotland made one commonwealth with 26. and 29. ( England,' fully accomplished it. In the preamble of "052. this act the proceedings of the commonwealth are briefly recited, and it is declared, that Scotland and its dependencies shall be incorporated with England, and in every parliament, to be held succeflively, thirty persons shall be called from, and serve for Scotland. By this adt kingship was abolithed there; the arms of Scotland were to be borne with the arms of the English commonwealth ; servitude and vallalage taken away. Superio. rities, lordships, and jurisdictions abolished, and the he. ritors freed from all military service, and all forfeitures (e) Scobel's fall to the lord protecior for the time being (e). These, collections, with many other things, were enacted, tending to deOtroy the tyranny and power of the great inen in that kingdom, and render the people more easy and happy. Mr. Dalrymple, fpeaking of the jurisdictions of the $cotch, fays, Cromwell had enough of the monarch to "fee how inconsistent these private jurisdictions were, • either with the interest of the supream power, or the • safety of the people; but he had too much of the ty' rant, to think of making any reparation to the pri'vate proprietors, from whom he took their jurisdic- ( History
tions, but to whom he gave nothing in return (F!,' of Feudal What the wisdom of monarchs has been history will Property, best determine; how much of the tyrant appeared in Lond. 1757.
• 294. 8vo. taking away these jurisdictions is not so very certain. That they were inconsistent with the supream power, or the safety of the people, were reasons abundant for their abolition. For 110 private interest ought ever to be regarded that stands in competition with these. That he gave nothing to the private proprietors might be, because they merited nothing from his hauds. They had, almost all of them, Cavaliers and Presbyterians, opposed
inconfiftentches of the suprea much of the price