/" THERK\ D ~\ MLL?SMITHf bower y : , ^Cv*-H1< A. THE CRITERION. A C OMPARISON O F The legal EjlaUtJhrnent of Religion in Scot- land ^ from the L to the prqj Time, v: i T H The legal EJiabliJhment of Religion in iW- /W, betwixt the Years 1638 and x6jo. DESIGNED For rend ring more ufeful to the Ignorant, a Book jofl publiflied, inthled, A I ion of the LA W S (a favours oi the Reformation in To which, in an Appendix, is fii I vrks upon Part 11. of a Pamphlet, intil 'The third Trwfofftktfev no Faith. EDINBURGH, Printed for the Author, and fold by fuch as fell the mentioned Colleftion ol Laws. ' MDCCKLIX. Price Three Pence. THE Criterion, &t. WAVING all Introduction and Apologies, becaufe we brevity, and becaufe this Eday hath, (though id a fomewhat different DrcfsJ feived its Apprenticefhip in a former Edition, the prefent Defign is, by comparing the legal (or national) Eftablimment of Religion in Scotland, from the Re- volution to the prefent Time, ivilh the legal Eftabliihment of Religion there, betwixt the Years 164c and 165-0. to manifest the gre.'t Difference be- twixt thefe two Settlements, and the Glory of the former i?bove the prefent, and thereby (if the Lord will) be a Mean of vindicating the fiift, and \rmerly have, or at pre- fer, z d lereto, and of pro- voking fuch as have it in their Power to reform the prefent. When we fpe*k of the legal Efta- ncnt of Religion, we ma well the Laws againit as for Religion, becauf iffcel the fame as redly as the other ; for the Set- tlement in favoui ! can be reckoned entire and of Force only in fo far is not afterwards fubverted, hurt or lefed, by < ■.. cr inconliiteut Laws ; in regard the oents who 1 gain ft, hive the (aide Auth in the fidl •i on horn Po- were fundry Laws m'idc tion to • Churcl Hon f, all thefe, and many btheJ c*s, formerly let up about Religion, are taken down ; and feeing, after Laws pgainrt Religion do tin. croach upon, irifringe and fubvert for- mer Laws in favours of it, there can be no coming at the true and genuine pre/ent Settlement thereof, but in a -f examining the Laws as well againit as for it. Before proceeding to this Under- taking, we concede that it ought tcJ be thankfully acknowledged, that as, at the Revolution, the Lord's right (land was highly exalted, and his ho- 1 hath gotten him \ vert many Things in the Improvement of that Dclher- an^e, which in themfclvcs, abftratling from the concommitant Circum- fhnces attending the fame, partly noticed hereafter, are both memor- j laudable ; fuch as the refcind- ing of the bLfphemous Acl of Supre- macy 1669. the Suppreffion of Ty- ranny, an ^ Restoration of c and Property, and of fuch of the out- ■^ers as were then alive; the embodying with oill and c- (tabliihing the of Faith; tiu orihip of Chrirt, and in fome S ingof Presb; in the then pf€te< d fuch a Rett ( 4 fa'tKis Settlement, is not intended to diminilh the great Mercy vouch (afed ui in that Deliverance, nor to de- - tracl from the Honour juftly due tp King IVilliam and Queen Mary, as the chief Instruments of that Revolu- tion, and to fiiclrof our $tateimen as then came forth fa t he Help of the Loi d againftthe Mighty. But, paffing this, Altho' we have no liich Byafs to the Period betwtxt the Years 1 640 acid 1650. as to account it our only reforming Period, or that the Refor- mation then attained was perfect; yet as therein not only was all the Refor- mation formerly attained to efpoufed, but a farther Reformation profecutec^ we will, for Distinction fake, take the liberty to denominate it the reforming Period, and the other, beginning at the Revolution, the prefect Period. D: f f ee'e :t "c e I. fn the reforming Period, the Refor- mation of Religion having been be- gun and carried on by the Church [a), the Parliament did elpoufe, ratify and approve the fame (b). But, In the prejhit Period, the Order of Reformation wis inverted ; for though the Church had the immediate proper Concern in this Work (c), and the State ought to have given thecivifSanc- tion thereto, as Mr. Wilfon obferves (o. (b) Collection of the Lazvs in favours of the Reformation in Scotland, Part fi- coiid, throughout the whole. (c) Num. i. s't\ 2 Chron. xix. 1 1. "Ezra x*. .4. JoBhxx. 21. Mat, xxviii. ,3, \--/. 7: Cor. x. 8. (d) Defence of the Reformation Prin- ;, 9fr,f, 2 jo, V Miniiters alive, whom they reitor'e), ratify, approve and confirm an Act of the General Aflembly 1639, condefcending upon tfic above noticcif fix bygone Evils of the Kirk, with the Remedy thereof, as prescribed in that Act. (N, B.) In all Points ik Maimer as the fame projofts. And, by their (f) Collect, p. T82,' iSy, 187. (/) Collect, p. 189, 193, &c. 197;" 2CO, 203. is) am.f.jt. ( 5 their 6*th A& r h), they do refcind eight Acts therein mentioned, made in favours of Epifeopacy during the Reign of King Jaine* VI. But, In the preje.it Icriod, the Parliament have left unremoved if not built up- on) a Heap of Rubbiih and Defeftion, fuch as the A/t or the Parliament •6 c 1. reicinding the Acl of Clailes inding all xhc Par- liaments and Lawsr betwixt the 1640 and 16 co (k). The Act condemning the Solemn League and Covenant, and discharging the renewing thereof, or of any otner Oath concerning the Go- vernment of the Church or Kingdom, and ieveral other Acts made in die Parliament 1661 (/). As alio an Act of the Parliament 1662. condem- ning the National Covenant and So- lemn League, and die General Aflcm- bly 1638. &c. and by leaving unrc- feinded fcyera) other bad Laws there- after (#»), with King Charities crafty Indulgences, and King Januf* bound- lefs Toleration. DuriiiNCi III. In /•' PmW, Epilcopacy, Wtth all its Appurtenances, wa> con- demned, as contnary to the Word fill in lii'dt. See Act 4. Veal 1640. (if) As it is obiervable U of the then Con- demnation of Kpikupitv »s tile C011- ftitptioaf of I iy and ids theicui com t : Epi- is found i in ; canfe a I to the Inclinations of the Generality of the People, <7C. (a) ; and accordingly, for the above, and no better Rcaion, was Prelacy abolilhtd at the Re tion (/>). Difference IV. In the reforming Period, the Parlia- ment was fo far liom g«\^n^ I Lee, Countenance or Encouragement to Epilcopacy, that they abjured and became bound to extirpate it, and which accordingly they law to the Execution of, not (indeed) in a ho- (Hle, but in a legal Way (q). But, In the prejhit Period, the Parlia- ment have indulged Episcopal Mini- sters, and at lengrh tolerated Epilco- pacy itiel\ in fuch Sort as never ob-. rained before while Presbyter. ■lUilMril Difference V. In the re for mi ig Period, the P; ment revived and ratified the Re- formation formerly attained t« ad the Pieces thereof as the:. bear (i). Bur, In I Securities given to the Chui : Religion in the £>reiaid Period are o- verlooked and pafled by, and the in- Act> retcinvlin^ and bui them ftand unrepealrd tc re leaving this Pc- I are, by forced EnJ ncral CLufes ir> the >:h and Acts, Sen". 2. Pari 1. K G 7 p. i9o. 'p. 1 32. ( 6 ) that the A&s refunding and annulling the Parliaments and Laws betwixt the 16^0 and 165-0. were rescinded, and that thefe reforming Laws ,were re- vived at the Revolution, it may not be improper to make a few Remarks thereupon, for Truth's Vindication. Ao, 1 . A general Claufe in an Aft of Parliament, at moil feemingly incon- fiftc t with our ProfefTion and Oath, can by no Means be a fufficient War- rant for u.; to forego and contradict that ProfeiTion and Oath : Having once fixed on a ProfefTion, furely no- thing lefs than the cleareft and mod convincing Evidence mould induce a contradicting ourfelves. 2. General Claufes in Ac*ts of Par- liament, nor even general Acts them- ieives, uie not, nor can confidently be extended any farther thart the Law is otherways fpeciai and particu- lar : For Example, tho' Act 1 . Pari. 3. Charles II. 16 3 1. (v), and Aft 1. Sell. 1. Pari. 1. James VII. (iu), do run in as fbft, fmooth and plaufible a Strain as the general Claufes now argued from do, ratifying and ap- proving all and whatfoever Laws, A els and Statutes, made by King James VI. and King Charles I. yet, what Perfbn, who knows that thefe Parliaments nerfecuting many unto the Deatfi, for adhering unto the Refor- mation, ratified by the Laws of King I. will be fo feolifh as to ima- gine^ thut thefe Parliaments approved iraws, which others approving of fuf- fered the greateft Severities for ? And yet to that A'>furdity do thefe Rea- Jbnings amount, which fix a Senfe upon general Claufes or Acts, contrary to, or inconirlent with the Genius and Spirit of the other (landing Laws and Statutes thac arc fpeclal and particular. 3. Bdi.ies that thefe general Clau- fes are in their Nature explicable by the other Places of the Law, (and particularly by the other Parts of {v) Colter, p. 221. 212, thefe Acts wherein they are ingrof fed) that are particular and exprefs, the general Claufe in Act > . Sell 2 . Pari. 1. K. William and Q. Mary, 1690. doth refcind oppofitc Laws, in fb far allcnarly as thefe are contrary to itfelf; and the AO 27th ibid, doth only refcind the Laws therein men- tioned, in fb far as contrary to the Laws fettling Prelacy, and in fo far as thefe obliged to Conformity there- to ; fo that thefe Claufes being only conditional, not abfblute, and the Acts themfelves, wherein they are ingrofTed, only a mank and defective Settle- ment, the faid Claufes mult be explain- ed confidently with that Settlement. 4. Although the forefaid Claufe, in Ad 5"th, 1690. does generally revive the Laws for the Maintenance and Prefervation of the Proteftant Religi- on, and again ft Popery; yet the Laws made betwixt the 1640 and 1649. lying at the Time under Par- liamentary Acts declaring them a Re- proach upon the Kingdom, unfit to be any longer upon Record, and to be void and null, and the very Par- liaments in that Period declared difloyal, rebellious, and violent U- furpers of the kingly Prerogatives, thefe reforming Laws could not, in a Confiftency with the Acts refcinding them, be properly called Laws there- after, in regard the very Authority of the Parliaments that made them was annulled, and branded as above. Our Oppofites muft, if they would fupport their Scheme, firft find out fbme Laws' in the Revolution Settlement reviv- ing the Authority and Right of Con- ftitution of our Parliaments betwixt the 1640 and 1649. before they make out the Authority of their Laws; but this they will never be able to do," whiles befides the particular Ac>s Refciflbry, Ad 5. Pari. 1. Charles U. (x), Hands in the Body of our Scots Laws ; as thereby an infuperable Bar is put in the W ay of owning our reforming Laws (*; QM.y 162. ( Taws betwixt the 1640 and 1649. And therefore, 5 . General Claufes feem only de- figned as Fences to the Law ; fb as none may plead upon any former Claufe or Act inconfiftent with the prefent Laws, (tho' not exprefly re- scinded thereby) as of Force to over- throw the fame, or render it abortive of the intended End of making it. But,'rnore particularly, the Reafons why the Acts Refciflory, made in the 166 1. are left untouched in the Re- 'volution-Settlement,and the reforming Laws, betwixt the 1640 and 16 so. are left buried by that Settlement, are, 1. Becaufe, ahho' the Revohtbn- Tarliament avouched fbme Pieces of Reformation which '.were attained to betwixt the 1640 and 1649. particu- larly the Wcjiminfter Confe/fion of Faith (y), yet they did not avouch the lame as the Attainment of that Period ; no Mention is made, in the prefent Settlement, of any Statute enacted in the lait reforming Period. 2. Becaufe, tho 1 Presb-tmrJ Church- Government had, by the Laws be- twixt the 1640 and 1649. a better Settlement than ever it had formerly, as hath been partly, and may be far- ther proved ; yet the Revolution-Set- tlement thereof does not proceed up- on, or revive thefe reforming Laws ; but, as the Parliament 1661. judged them unfit to be on Record, and • therefore refcinded the fame, the Revolution Parliament leave them Co buried, and go back, for a Kalis to their Conftitution, to an Act of the Parliament 1 5*92. notwithfhnd- of the more fpecial and fblemn Rfta- blifhmcnt thereof in our lair reform- ing Period . 3. Becaufe, although the Parlia- ment 1649. did, by their 39th Act, cleanly aboliih Pair Innovattoriy contrat : : to the Book of Policy, and to t!. 1&4. 7 ) trine, AUt, and C f t h2s Church, &c. yet the Parliament 1690. without Regard to the faid former cleanly Abolition thereof, when fettling Presbytery by their yth Act, according to the Act IJ92. they except that Part of it relating to Patronages, and fay the fame is af- terwards to betaken into Confutati- on ; and accordingly they very juft- ly, though not fo cleanly, abolifh Pa- tronage of new by their 23d Act; which they needed not, nor ought to have done, had they looked upon the reforming Laws betwixt 1640 and 1649. to have been revived by the fame cth Act 1690. 4. Becaufe, although by Act 6 th, of the Parliament 1640. the Laws for Conformity to Epilcopacy, made by King Ja?nes VI. were particular- ly refunded, yet the jth Ac: 2. Pari. 1690. does the fame 1 over again, without any Relation to their being already reicinded by the Parliament 1640. which had been altogether unnecefTary, if the Acts of the faid Period were (as is now pre- tended) revivedin that very Act 1690. 5". Becaufe, if the general Claufe in Act 5-tIi, SelT. 2. Pari. 1690. was fufficient for making void the Refciflory Acts in 1661. then, Parity of Rcnfbn, the faid general Claufe behoved to be equally valid for nullifying and refunding all othe: I of the fame Kind ; but the fimc Par- liament who made the forclaid gene- ral Claufe, the 7 th if Jim 1690. do 9 by their 27th and 2 oth Acts, both dated the 19th of Jaty, about thereafter, reftcind about Forty five Acts of the fame Kind, in which there is no Mention made of any Act of the 2d SefTion of t!i Parliament, ( r the which ■ I koned fill cd , < 8 *d in 1690. then, to be fure, as thefe Laws obliged all Ranks to fwear the Covenants, National and Solemn League, to promote Uniformity, to root out Malignancy, Seclarianifm, &c, ■ we had been obliged, in Obedience thereto (as well as by Virtue of the . binding Obligation of our Covenants) . to follow forth, obferve and fulfil thefe feveral Duties at the Revolution, othenvays be reputed Malignants, and Enemies to Religion, Covenants, King and Kingdoms, die Stigma put upon Non-Covenanters, Epifcopals, and others, by theie reforming Xaws. 7. Becaufe, although it be ordina- ry, in adding to, explaining or reviv- ing of old Laws, to take Notice of) or to refer to them in the new ; and although there was a Variety of worthy Laws made- betwixt the 1640 and 1649. beiides thefe that refpett Religion, yet never one of them is in the leaft noticed or refer- red to by any Act fince the 1661. when they were refcinded, and the Par- Laments which made them annulled. 8. Becaufe, though Sir Thomas JSlutray of Glendook had Allowance by Letters patent from the King, in May 1 6 79 . to revife, collect, an J caule reprint the whole Acts, Laws, Conftitutions and Ordinances of Parliament of the Kingdom of Scotland, both old and new, now being in Force, and to com pleat the Index of the whole Acts of Parliament, and to caufe print the fame, and, upon the 31ft Alarcb 1680. obtained his Majetty's other Letters patent for giving the Privilege of printing to the Perfbn therein mentioned ; yet he neither collects nor abridges any one Act be- twixt the i6-|c and 165-0. And tho' Sir James Stewart, who, as King's Advocate, behoved, by his Office, to be the principal Framer of the Acts made by the Parliament 1690. wrote a Continuation of that Abridg- ment, which he calls a compleat one, •f the Acts of Parliament and Con- vention, from ^the Year 1444. to the Year 1707. and in which he takes no Notice of any one Act made in the refcinded Period ; yet the Privy Council gave Allowance for printing the fame as fuch, without finding the leaft Fault with his omitting the Acts in the beforem en tioned Period. , Laftly, Becaufe, however common it be for Lawyers to claim the Bens- fit of all Laws that teem to favour their Plea, and though, by. compar- ing the Laws betwixt the 1640 arjd 1649. it is clear that fundry of them confift with the prefent Laws; yet, upon examining our Law Books, and fo the Decifions the Courts of Seffion add Jufticiary, we have neither found nor heard of their owning the Exi- gence, as Law, of any one Act made in the forefaid Period. Objett. II. The Weftminfter ConfeC fion of Faith, having been the xhief Part of the Reformation attained t;o betwixt the 1638 and 1649. and containing the Subftance of all the reft ; and it having been ratified by the Revolution-Parliament, therefore the Reformation attained to betwixt the 163 8 and 1649. was efpoufed at the Revolution. Anjuj. According to this Way of arguing, there was never a Period fince our firft Reformation from Po- pery, wherein the whole Work of Reformation attained to at the Time was not efpoufed, becaufe, in the word Times, the holy Scriptures, which are the Foundation of the whole, and the old Confefjion, which contains the Sum and Subftance of what is _ contained in the JVeJimnJier Confefiio>iy were efpoufed- ; and all Laws for the Liberty of the true Church of God and the Proteftant Religion generally confirmed : But, though this Way of Reafoning may fitisfy Perfons of a Latitudinarian Spirit, others will be of Opinion, that the Revolution- Parliament did not efpoufe thcWeft- ■ Confejjbn as the Attainment of the Period from the 1 6}, 8 to 1649* but as it lay in itfeif ; and that, though they h?d done other ways, there were many Parts of Reformati- on attained to in that Period left bu- ried at the Revolution, as we may fhortly (hew. .^. III. According to fbme, who admit the Ac"t Kefciffbry to be ftill landing unrepealed, it is a M to fay, as Art and Tejlimony, p. 38. and Acknowledgment of Sins, p. 101. that all that was done againit a cove- nanted Work of Reformation, in the firlt SefTion of Parliament of King II. after his Reftoration, is left untouched, in regard, by Act 28. Self. 2. Pari. 1. K. William and Q. Mary, the 17th Act, Sell 1. Pari. 1. Charles II. for a foltmn amm yjving for hi on, is refcinded. : . Had it occurred to the Af- Presbytery, at framing their pu- blick. Tefbmonies, Caufes of Falls, and Acknowledgment of Sins, that this anniverfary Art was in fo far re- fcinded by the Parliament 1690. (though, not for fix Weeks after, the AB, which is ufually called the hiti'jti- \dtlen:cnt, was made) it is at lead probable they would have made fbme Exceptions thereancut ; yet, taking \rgument as laid in the Objecti- on, in its utraolt Latitude, the Art and Tejlimony may well be defended from the Imputation of Fallhood : For what the Presbytery are 1< of, in the Place quarrelled, is Act c. Sell. 2. Pari. 1. K. WUBam and Q. (z)k But, i. if from the Ru- that Act we nfc and Meaiiing there ' from the Body of the Statute, then the an- perly anting .\enantcd Reformation; it was not directly done againil a covenanted irr was ;azii.j ef the \ 1S4. 9 ) Reformation attained before. 2 ever inconiifkent that a was witn oqr covenanted X^forma* tion, yet the fame was not relcindei in the Act above noticed, as we have already noticed ; fo that in Verity do the Pr. f t that * all that \a as done againft a cove- * nanted Work of Reforma ion, in 4 the firft Scilion of Parliament of 1 King Charles II. after his Reitora- * tion, is left untouches \mtd Settlement.' Which laft Words, this above mentioned Sett do confine it to the Act above quot- .\hat only the Presbytery are there treating t of. And, 3. as that Act is in Part obferved upon the 29th of A/:,;v yearly to thi* it is noticeable th?.t the Ret Parliament do not refcind the fame^ as contrary to or inco; the L^ 0* our covenanted Reformation, but only as uiclefs at hurtful, which very good Laws may become through a Variation oi cumilanccs. Difference Vt«. In t»c rtfmum^ Period, Pre* 1 \ ?l Church Government, as fo on the Word or God an J tfafl Government of Chriit's ( all the Security that Laws and Oaths could give it : For Proof here and Acl 6. ParL . (b). A 00 the reformed G of the and the tint • thai I ■ * by ( ( 1° « Medhtor Jefus Crtrift, nnto hi? Kirk r gathered, and having the Ground in * the Word of God, to be put in ' Execution by them unto whom the ' ipiritual Government of the Kirk, c bv lawful Calling, is committed. ' The Policy of the Kirk, flowing * from this Power, is an Order or c Form of fpiritual Government which ' is exercifed by the Members ap- * pointed thereto by the Word of c God, and therefore is given imme- 1 diately to the Office- Bearers.' A- gain,' This Power ecclehaftick fioweth < immediately from God, and the * Mediator Jefus Chrift, and is fpiri- * tual, not having a temporal Head 1 in the Earth, but only Chrift, the * only fpiritual King and Governor « of his Kirk? Chap. 2. * Albeit c the Kirk of God be ruled and go- * verned by Jefus Chrift, who is the * only King, High Prieft and Head * thereof, yet he ufeth the Miniftry 4 of Men as the mod neceflary Mids * for this Purpofe ; and, to take a- * way all Occafion of Tyranny, he * wills that they mould rule with mu- € tual Confent of Brethren and E- * quality of Power, every one accor- 4 ding to their Functions. There are * four ordinary Functions or Offices * in the Kirk of God, the Office of * the Paftor, Minifter or Biihop ; [the] ' Doctor ; the Presbyter or Elder, 1 and the Deacon ;— - their Offices are * ordinary, and ought to continue * perpetually in the Kirk ; and no * more Offices ought to be received * or futfered in the Kirk of God, e- * ftablifhed according to his Word.' And, Chap. 7. ' Aflemblies are 51- ' ther of particular Kirks and Goh- ^"* gre-rations, one or more, or of a * Province, or of a whole Nation, or * of all and divers Nations profeffing * one Jefus Chrift. All the ecclefia- * ftick Aflemblies have Power to cod- * Veen wfully to ^ther for treating * of T ngs concerning rl e Church, * and p aining tot ;eir Chir^e, &c. f Again, as Presbyt v wab t'ie nly Kind of Church- Gove, nment profcflld ) and authonfed in Stothbdat thatTirrif J it was fworn to in the very firft Ar- .ticle of the Solemn League and Co- venant, ratified Act j. Sett 1. Pad. 3. Charles I. (e)". And as, by Act ij. SeiT. 2. Pari. 2. King Charles I. 1649. ( nevuthe- uow a Power to the civil (Irate inconfiltent with the intrinfi.k Power of the Cblll no purer Kind, his whole after Con- duct lhews plainly that he v no other. 2. The Membea of the Revolution Pailiamcnt been educate with, and active in the ' iuJ to Church- Government as he mould fee Caufe. 4. This is farther ei from tk Prelacy is oni d of f b-ccaufe PTievjus, troublefom, and contrary To the Indku ^Y of the People, they having reformed from Popery by' PrelD) ters : On which we (hall obferve, in the Words of another f, ' That Prelacy is not cal« « led contrary to Law, as the reit or 1 the Particulars complained of in that 1 Claim are, but only a Grievance and 1 Trouble to the Nation: It is not . tho' it was indeed an in- 1 fupportablc Grievance to all the 5, — asis undeniable from their 1 entering into a folemn Covenant to « oppofe and extirpate it ; of which * Covenant it is remarkable there is * made no Mention in this Claim of ' Ri-mt. 2. It is not laid that Prc- * lacy is contrary to the Word of tnanlcd Work of 1 Reformation, but only it is contra- 4 ry to the People's Inclinations, and * that not for any other Reaibn, but Lttft the Nation was reformed 4 from Popery by Prcfbyters, and * not by Prelates; and that Reafon 1 would miltate as much agafnlt Pref- .-, upon Sup- it the Land had been reformed : Popery by Prelates.' ;. is farther evident, from Act 3- Sell*. i.Tarl. 1. K bolUhb a -neat ani iiilup;>v>rtable met and Trouble . :o the Inch ■ 1 'I he t. vull 1 lctt: ' mod f Ar h 8. of this Point may from K. William's InftrvB'tons to the Parliament 1690. one of which was, * You are to pafs an Act eitabli thing * that Church-Government which -is 4 molt agreeable to the Inclinathns ' of the People :' And from his Lit- ter to the General AlTembly that C '2 ) be gathered that, after they had fettled contrary Governments, the Parliament of each Kingdom ingrofled the Settlement of both in their Records, and that they then agreed to the King!s maintaining of Epifccpacy in England, and of PreJ- bytery in Scotland, as the two Corona- tion-Oaths fhew *, Decency and Rea- Year, wherein, after the fettling of fon oblige us (however we believe the Presbyterial Church- Government, by divine Right of Prt{bytery) to admit the cth Act, Pari. 1690. the true Meaning whereof he behoved to know, he fays, * We did willingly concur with * our Parliament, in enacting fuch a * Form of Church-Government as * was judged to be moft agreeable to * the Incliuat'wm of our good Subjects.' 7. This teems farther evident from the Parliament's leaving rhe slils Rc- Jcvhry y which annulled the Laws a- vouching the di mm Bight of Prelby- tery, landing unrepealed at the Re- :, and going back for a Balls to the Revolution- Settlement, to the Act 1 C92. which confiderably reitricls the Church's intrinfick Power; and thus, by Silence at leait, accmiefce in the Burial cf our reforming Laws by the lefciflory. 8. The diilinguiih- ing of the IVotcftant Religion an3 Prefbyteriai Church-Government, as it, both in the Title $nd Body or the Laws, at and fince the Revjiitiyi, as hath been elfewhere proved, does not \tc\v. confident with the acknowledging and ratifying of the divine Right of Preihvtery. 9. As Inclination was the Motive of the Pejpk's Claim, and the Reafm of the Legiiktor's Compliance with their JDelire at the Revokition ; lb the A& of Security 9 in the 1707. ingrofTed in, and made a fundamental Condition of the incorporating Union, alilgns jno better, ncr no other Caufe for the Said Settlement, than the Clam of Right, or, which is the fame Thing, the Inclinations of the People. AuJ, jc. if we confider, that, at tbe - -.tlxiid and i ParJia- jnent of each Kingdom didconfent to ihe others fettling what Church- Go- they had a Minu to; and that King and Parliament look upon the prefent Settlement of Prelbytery only as political. From what has been faid it leems native to infer, 1 . That Prefbytery was, and con- tinues to be fettled for the fame Rea- sons, and no better, for which Prelacy was aboiilhed, viz. beeaufe Prefbyttry is not ib grievous and troublefbm to the Nation as Prelacy ; beeaufe it is more anfwerable to the People's In- clinations ; and beeaufe it had the Start of the other in the Nation's Re- formation. And, 2. That, in a Coofiftency with the prefent Settlement. Church-Power is viewed as iubordinate to, not as co- ordinate with the Power of die State. Agreeable to what is above, the ju- dicious Mr. James Hot Min liter at Car neck obferves, as notice4 by Mr. Wiljln, That tlx prefent Settlement is only a political one. The zealous Mr. John Dkkfin, fbmctime Mini ft tt at Rutberglen face the Revolution, in a Letter a little before his Death, faith, p. 1. ' We have been lately tryiled - < with a wonderful Deliverance, but * not one Line of Reformation is pen- * ciiled thereupon.' And downward he fays, ' We have the Shell of * Church- Government, bu^ want the f Kernel.' But the Rev. Mr. : zer Erfkhte is ftdl more explicite upon this Point, p. 40. of bis I 1 The Glory of that Church < is at a low Pais, which hangs upon ' the Nail nf legal Securities by King* 1 and Parliaments, inftead of the NaiJ ■':: God has fattened in a fure \ Place i ( 1 * Phce: And (fays he) this, alas! is * the Cafe with the Church ad it this Day. What have the 1 Judicatories to fupport them in ' their fcreening the Erroneous : — * The only Thing that Supports and cm- ' boldens them in fuch Proceeding is, ' the Nail or a legal Security and E- 1 lhbliOimcnt, which (adds he) one * Time or other w ill give way, and * then all that hangs on it falls to the * Ground. ' i to the fame Purpofe doth the end Mr. Ralph Erjkinc complain to the CommhTion of the Aflembly 1736. that Preioyterian Government ratified by the Parliament at the Revolution, only according to its Efla- oent 1592. Although the divine Right of Prefbytery be not aflerted in the flatutory Part of Act 5. Pari, ye: it is atlerted, A(ft 2. Sell*. £. Pari. 1 . Iv. William) again, Act 3. Pari. 1. Q. Amt\ and again, Act 3. 1 J being called able to the Word of God, and the only Government of Chrift's Church within this Kingdom, in each o( er. According to Bilnop Br- me others, tbc&ACb wore with a View to be a liar in the incorporating Union with id to rurHe the . that Project might be laid it of our Reprefcntatives being lit: And accordingly we ice, □ went xpreily 1 attfte ineonliilenr therewith : 1 . In ..'.ion of or pui itiou of . 3 ) iug, amongft the Acts of our lad Sects Parliament, the Excmpl'y. or Extract of an Act of the I Parliament fettling Epifcopacy there. And, 4. in granting a fpecial Tole- ration to Epiicopals in this Kingdom, man 1712. All winch a compatible with a - kno*- ledgment of Preibytcry as the alone Government of ChrilVb Church with- in this Kingdom. And above be a fufficient Anfuer to the Objection, ue (hall, for charing the fame a little farther, fubjoin - of Hiftory afforded us by Ml whole Candor is knc. . fides, wherein we are . make ufe of him, he couid \ err, having taken the Record* of the Courts after mentioned : chcrs. Hilcry of the Puritaiis, Ycl. III. Chap. • having int; the Debate in the h bly about Church-Difcipline a:., vcniment, he brings in one h an EraftiM Elder or Commiflioner in that Aflembly, admitting in the Objection : Thoi (tajl - 1 I am none of thofe who except a- 1 grinit the Prcfbytemn Government ; ' I think it ha 1 has done n. , ^chof ' Chriil ; but, whether : * Government br of not, * mayadmi' mit it toy.^ur Judg- Piiputes, and only to | . Judgment to th^ ( I w:re managed in the Aflembly, re- ferved themlelvcs for die Houfe of Commons, where they were fure to be joined by all the Patrons of the Independents ; the Englifu and Scots CommifTioners being no IcCs folxi- tous about the Event, gave their Friends Notice to be early in their Places^ hoping to carry the Queflion befor6*the Iloufe was full : But Mr. Glyn, perceiving their Intention, fpoke an Hour about the Point of jus div'mum ; and, after him, Mr. Whitlock ftaod up, and enlarged up- on the fame Argument, till the Houfe was frill ; when, the Quefli- on being put, it was carried in the Negative, arid that the Proportion of the AiTerrflSJJ^ fhould (tand thus, That it h lawful and agreeable to the Word of God, that the Church be go- verned by Congregational, Clafpcal and Synodical jfflemNus : ' * Upon which, (adds he) the Difappointment of the Scots CommhTioners, and their Friends in the Aflembly, at the Lofs of this Queflion, is not to be exprefled : They alarmed the Ckizens with the Danger of the Church, and pre- vailed with the common Council to petition the Parliament, That the Preibyterian Discipline might be e- ftahlifhed as the Difcipline of Jefus Chrift : But the Commons anfwered with a Frown. — Not difcouraged with this Rebuke, they prevailed with the City-Miniiters to petition: But, when they came to the Houfe, the Speaker told them they need not wait for an Anfwer. — The Prefby- terian Minifters dei'pairing of Suc- cels with the Commons, refblved to ^pply to the Houfe of Lords ; — and, to give it the greater Weight, prevailed with the Lord Mayor and Aldermen to go at their Head with an Addrefs ;' but could not after all tir Endeavours prevail. Thus we fee that our Sects Com - rni(T:oners, the famous Henderfen, Ru- BaiU'u\ Douglas and Gillefric, ;s, with the Eiders from Scci- 4 ) land, their Friends in the Wcflnwftcr- Aflembly, (which, according to this Hiflorian, Mere a very great Majority thereof) the common Council, City- Mini(ters,Lord Mayor and Aldermen of London, in If ead of hugging and applaud- ing, as every Way right, a Negative, (for Co a Settlement of Prtfbytery only agreeable to the Word of God was then reckoned) as fbme now, who would be accounted as zealous, do, reckoned it an inexpreffible Dif appointment ; and, inftead of palliat- ing, defending, and reffing fatisfied with it, ufed all lawful Endeavours for a pofitive Eft ablilhment of Prefby- tery, as the Difcipline of Jesus Christ. Objetl. II. The Parliament 1640. went back to and fat down upon the fame civil Eitablifhment that the Fe- volutioti-Y arlhment went back to and fat down upon, viz. the Act 1592. And therefore the laft of thefe Set- tlements — muff be as good as the foil. Anfwtr. Although the Settlement in 1 640. do in the general approve the Act 1 5-92 . in fb far as confident with it- feif ; yet it went farther than that Aft or the Revolution-Settlement have done, in a Variety of Inftances, fiich as, ( 1 . ) The Settlement in the i6\-c. did not overlook and leave in Oblivion any Part of former laudable Attainments, as the i?rrc//;/z6/2-Settle- ment did that of the Period betwixt the 1638 and 1649. (2.) The Settlement in the 1640. avouches the intrinfick Power of the Church more fully than any of the other do (3.)* The Settlement in the 1640. con- demns Fpilcopacy, as unlawful in it- fdf, and contrary to the Word of God and our Covenants, which nei- ther of the other do. (4.) The Settlement 1640. doth exprefly take up with the National Covenant, which neither of the other do. (5-.) The Set- tlement i6*40.dcth exprefly homolo- gate the Hook of TViYv," v.hich neither of the other do. And tonfequtntly, (6.) The ( 1 (6*.) The Settlement 1640 . acknow- ledges the divine Claim of Prefbyteri- al Church-Government, which both the other are filent about : All which Differences have been already evinced in Part, and may be evident to the meaneft Capacity, who will take the Trouble to compare the Acts them- selves, to be feen in the Collection of in favours of the Reformation, frequently referred to in this Eflay. Difference VII. In I . the fecend Bo-A was acknowledged by Parliament as a reformed Standard, and particularly of Prefbytery. The Act of the General AfJembly 1639. ingrofled in and ratified by Act 4. Pari. 1640. (a), refers twice to this Book; and the Parliament 1649. in their Act abolishing Patronages ( b), confiders them ' as contrary to the fe- * cond Book of Dijlip'.ine ; in which, * (fay they) upon iblid and good ' Ground, Patronage is reckoned a- ' rnong Abufes that are defired to be 1 reformed. ' But, In the prcfc.it Period, no Notice hath been taken thereof, more than if it had never fubfifted. Difference VIII. In the reforming Period, the Gene- ral AfJembly 1638. having afltited the intrinfick Power of the Churcii, to meet and proceed in Reform Work by Virtue of the Authority re- in Chrift her Head .biy hiving accordingly proceeded in the Pace of an t King and Court, as their Acts pro- tbe Parliament 1640. Icmnly acknowledge and declare tor oftli id over > (pintail, fi . independent Kingdom ; and, as a 1 Coniequence thereof, the intrinfick Power of the Church was aho fo- kmnly acknowledged, and the of King and Parliament feveral Times pledged for her Security againft all Erafi'ian Encroachments whatfoever (r). But, In the pre Cent Period, although the Parliament 1690 ( f ), did abolilh the biafphemous Act of Supremacy 1669. upon Confideration of the In- flates having declared, in their Grie- vances, that it was ineonfiitent with the Eftablifhment of the Church-Go- vernment then defired, and have ra- tified the ConflfTion of Faith, in which, Chap. VIII. this Doctrine is plainly held forth, yet, in the prcfent Settlement, there is not only an O- miilion of not duly acknowledging the alone Hcadihip of the Lord Jefus Chrift in and over the Church, but a Num- ber of : Erwftim Encroachments upon her Power and Authority ; fuch as, 1. The Parliament 1690. the'r pre fuming, at their own Hand, and, in the firft lnjfdr.ee, to re^i, and approve the "U "eftmir.il :.i Con- jejpon of this Qmrtk and Nation, with- out ever approving of or ratifying the Act of the General AilembK approving that Confeli: thereby that Confeflion uas formerly made ours ) and withoir Act of the Parliament 1649. 1 ing the fame, or even Co much as another General AtTcmbly at the Revolu approve that Confeflion of new ; rbiB fuitainiiig th .-mfclvcs in fome R - of Doctrine, and, by the By, "Urati- \ t of the Afien bly 164^. touching the intrir t the intent 1649. * 18? C us as well as the Confeflion thereby ap- proved. 2. King William and his Parlia- ment, their binding doivn Epifcopal In- ftsmbetits upon Parijhes, prohibiting the Church from the Exercife of Dijcipline upon the Impenitent, and enjoining the Affembly to admit fuch, -without any Evi- dence of Scrrxrw for their Apoftafy, upon their fwearirg the Oath of Allegi- ance, and fubfcribing a jham Formula, fubilituted in the Room of our Cove- nants, and complied of Purpofe for the Reception of Epif copal Incum- bents, are farther Evidences of the Eraftiav.ifm of the Revolution- Settle- ment : For Proof hereof, fee King William's Letters, dated the 13th February 1690. 1 5 th June 1 6 9 1 . and j 1 th January 1692. the two former* addreiled to the General Aflembly and their Commiflion, and the lair to the Epifcopal Clergy. In the firft he lays, * We have thought good to fi therein it is ordained, * That none be admitted or con- ' tinued Minifters uho do not take ' the Oaths thereby prefenbed, and ' obferve Uniformity of Worfhip, * &c. as the fame are or (hall be i allowed by Authority of Parlia- 1 ment ; on which we remark, (1.) This Aft reftrifts Reformation by the Miniftry ; for they are bound to obferve the Particulars mentioned in the Aft, only as the fame are at prefent performed and alioved by the Parliament, or jhall hereafter be declared by Authority of the fame ; and accord- ingly, by the Authority of the Lords Spiritual aud Temporal, a£ fembled in Parliament 171 2. is a fet Form of praying for the King and Royal Family impofed upon all the Clergy, Prefbyterians as well as others. And, (2.) By the faid Aft ! 6*93 . the Mi- nifiers Power is made to depend upon the Allowance of King and Parlia- ment : For farther Proof hereof, fee Aft 27. Sefl: j. Pari* 1 . K. mil. and Q. Mary, compare? -with Aft 2. Pari. 1700. Aft 3. Pari. 1702. Aft 2. Pari 1703. and Aft 6. Pari. 170S (k) By all which, Epifcopal Incum* bents are continued in their pa flora I Charges, u-on fwearing and fubfuib- ing the fordaid Oaths, they enter upon ti. enccs to p School i • n3 by rs refufmg to qoalif to fuiTer fix Months Imj and to be exc 1 they afterwards qualify ; and Patrons are difchar : \ tions are r< -. ex- cept fuel 1 Ab- juration the Oath < nee, c Abjuration thereb . ties, as Year of the Reign of K. ( • at: Act ia the of his • effec^ua. [ufuce the .Vis Act fhall I 1 >] cue .- ./, on jthe l 1 by 'tl 1 filch Mi.-uY. ' P vim- Church, refi 1 med; 1 • in c.v. * read this A.&, as . ( hp (hall, for the i: : pable offittii. 1 fort! S. It luth l-L-en prc« ( ( '8 the Revolution, the Sovere% even \,i I tg the General AiTembly by his own Au- thority : As the. General Aflembly 1690. was appointed by Act jth of the Parliament that Year ( r ) ; fb the AiTembly 1690. being diflblved, the next was appointed to be held at Edinburgh, November 1 . 1691. But thereafter was adjourned, by Procla- mation, to the 15-th J.wuary 1692. and, by another Proclamation, an Allembly was indicted to meet at Edinburgh, the 6th December 1693. none of which were fuflfered to meet till the 29th of March 1694. about nine full Months after the Parliament 1693. had, by their 22d Ad, made a humble Addrefs for that Effect : Again, though the General AiTembly 1694. adjourned to April 1695". yet k was adjourned by Proclamation to the nth July that Year; from thence, by another Proclamation, to the 2cth November thereafter ; and from thence, by another Pro- clamation, to the 17th December that fame Year : The like did Q. Ame in the 1703 . and to this Day it isobfer- vable, that the Commiffion, to the Per- ibn who represents his Majefty in the AfTembly, doth run in a Stile that plainly enough intimates the Notion he hath of" the AfTembly's Power and Hight of Conftitntion being mbor- dinate to him ; thus, Seeing, by our Decree, anAjJembly is to meet, &c.' And, • 6 . We cannot help looking on the ■•g/fs appointing of Fa jis and Thai :k giving s } "with the Caufes I without Advice of, . or Application from the Church, though he fuftains her a right conftitute and well order- ed one, to be f jme Decree ofEraftii?- ■\s we have endeavoured to clear in the firft Edition of thisEiTay, from the Head of/>. ic6 to/>. 1 12. Difference IX. In we reforming Period, the Church ha\ing moved in and fet on Foot the Renovation of the National Covenant, ki a Way and Manner adapted uu~ £ I 3 7. to their Circurnftances in the Years 1638 and 1639. (a) , and entered in- to a Solemn League and Covenant with the Kingdoms of England anA Ireland, anno 1643. (b), and renewed the fame in a folcmn Acknowledg- ment of Sins and Engagement to Du- ties, anno 1648. (c), the Privy Coun- cil, the Parliament and Convention, and Committee of Eftates, did, each in their Sphere, promote the fwear- ing of, and living anfwerable to thefe Covenants, engrofTed the fame in their Records, and eftablifned them as funda- mental Laws in this Kingdom (rf). But, In the prefent Period, the civil State have not only neglected, but in ma- ny Refpecls oppofed our Covenants, National and Solemn League, and gone into Meafures inconfiftent there- with, fuch as, 1. The leaving the Laws which declared void and reicinded both them and the Parlia- ments and Laws which authorised them, and difcharged the Renewal thereof, {landing in the Body of our Laws unrefcinded to this very Day (e). 2, The impofingand fubftitut- ing of other Oaths in their Place, fuch as the Allegiance, A durance and Abjuration ( / ) . Indeed it occurs not that thefe laft were formally fubfti- tuted in the Room of our Covenants, but, as a Man's fecond Wife comes in Place of his firft (till alive, but al- ledged to have been divorced, though not lawfully fb, it feems pleadable that thefe Oaths do virtually exclude the Oath of our Covenants, in regard that, though they contained all in them that is laudable in thefe Oaths, yet they are fet afide, and the Oaths praclifed. idly. The incorporating Union with England is another Jslea- fure inconfiilent with thefe Covenants, in lb far as, though the Covenants ab- jured Prelacy, and the Solemn League bound to an endeavouring the Refor- mation of Engl and t yet the Union gave (a) Weft. p. 66. {b) CdleB. p. 91. (f) Collect, p. 113. (d) CoHe8.fr Sly J 4, 90, 9 9, 97- 00 Cdled. p. 163, &c. 2o3, 212. if)' Colled, p. 182, 103, 242, Sic. c gave op with that Duty, and con- tented to the Kingdom or* E lecuring Religion as th. And, 4thly. without multiplying In- ftances n -tourly known, the Act for tolerating Epiicopals, b land, in the 17:2. was another Mea- sure altogether inconiiilenc with thefe Covenants, as it contains a fpecial Toleration of Epifcopacv, and Evils abjured by them Difference X. In the reforming Period, the Con- ventions of the Subjects, and their entering into the Bond of the Cove- nant anno 1638. without tlie King's Authority or Licence, are declared to have been for the pubiick Good of King, Kirk and State, and intended for the Defence and Prcfcrvation thereof ( i). But, In tie pre though the Parliament did very worthily in re- minding the Forfeitures and Fines pad againft thole who were perfect- ed for Religion (*), yet they never thus acknowledged and juftiticd their Contendings and Sufferings. Difference XI. In tbt reforming Period, the Parlia- ment were equally forcward with the ■A AfTembly, in promoting and preicrving Uniformity with t. in Doctrine, Worlhip, Diiciplinc and Government {{). But, In tbi frt e.it Peri'J, the Tarl j have nnt only neglected the Rc\ our covenanted Uniformity, but Jaid new G ^ thereupon Inftancc, in the Solemn League and Covenant, I the Reformation of Reli- gion in the i lurches !. in the thr< t , to the rmity id, having m( 1 p. ii\ 19 ). v.ned a great Meafure of Uni* fbrmity, all Ranks in S ith and Subscription, to endeavour the Pre- they had thus at- tained : But ultho', after the . : - KingJ of Uniform iry, and did ConfciTi >n or and Order of Church -Govern: Directory for Wonhip, (re. from be- ing Standards to the Church of Errr- hmd ; and restored I . with the Liturgy, Rites, Ceremonies, and Government thereof, and gave thefe all die Security they ever had before; yea, though Matters ltood (q at the Revolution, and though a Door was then fet open for renewing the old Plea for Uniformity, yet they quite neglected that Opportunity; and not only fb, but they laid a Grave-Stone thereupon at the incorporating Uni- on wir* , ' contenting to the Euglijo fettling their Chun they plealed. 2. By ingrofling the in the Acts of Parliament ; and, 3 . By annulling all Acts contrary to the Lnion Settlement ; which, accord- ■ lent of the S and approving the Treaty of Lnion, were engrailed as l'oints at ons of the Union. Tims the . n their Act I ,otten to be abridged in the Collection fo frtcjuent- rred to, but mentioned m Act of Security, preside. c-rning any Alte- ..;p, Diiciplir ( 89 ) ^hereof, and tefore concluding the confident with the kid united Settle. of l7/:r?« witli Scotland, inutled, r /cr fecurhg the Church of Eng- land «J £ ;/ L . do, in a\Vay rf reviving former Laws, particular- ly a Statute in the :66c. enact, 'That Uniformity of pub-lick Prayers, J and Adminilh/ation of Sacraments', * arid other Rites and Ceremonies, the For .a of making, ordain - andconfecratiug Biihops, Pricfts ' tmd Deiccns, in the 'Church of 4 England, and all and lingular A els 1 of Parliament now in Force, for 4 the Eftabliihmer.t and Preservation f cfthe Church of and the * Doctrine, AVorfhip, Discipline and * Government thereof, (hall remain € and be in full Force for ever ; and * that the Sovereign next fucceeding * in the Royal Government of the * Kingdom of Great Britain, and To < for ever hereafter, every King or * Queen fucceeding and coming to 1 the Royal Government of the King; * dom of 'Great Brnah:, mail, in the * Prefence of all Perfcns who mall * be attending, alOfting, or otherways 4 then and there present, take and * lubfcribe ihe Coronation ' Oath? * (m). Likeas, tpe Ac> of the PaHiatrienc of England, inthied. Aft ■: Vjnon of the two Kiigdom: of Fngiand and Scotland, doth contain the foresaid ^£t foi leeuri r.g the Chq'rch of England, 'as L'y Law e- :hed, and the Exemplification or Copy of the Act of the Parliament of that Kingdom, infilled, AHfii an U- oj England id, (which A>t contains the •whole U\clJu Acts,' with tfre ! of Union in the Bolcm thereof) hav- ,.een transmitted to 'the Par- liament of Scotland, was ordered to he recorde4 $**) accordingly is re- corded amongft the Laws and Aits .; l:A( Scot's P^amont's' And, $.£}# of both Kingdoms contain a general Claufe, decia/mg the La'-vs'ar.ti Sta- tutes in either V ejfpefi'tvk, Jo fa . iy -o, l:- -n- (k) Ol!ecl, h 2 Hi ment and Conltitution, to ceafe and become void thereafter. From what "is faid it is evident, that the Grave-Stones, formerly laid Upon our covenanted Uniformity v itli Eagbnd, are iealed, fo far as Men can do. And, confidering the Sovereign," and whole Englijh Members of Pariia; ment. are bound to profefs and to maintain the Communion of the Church of Englmd ; that many of the Scots Reprefentatives' are either for Epifcopacy qr nothing ; and that, though they were all found Prefbyte- rians, tliey can never maintain a Ba- lance with' die EngUfJ^ in any Thine wherein their Religion differs, there js no moral Probability that ever there can be' a Revival or Refurrec- tion of our covenanted Uniformity : And hence this Union hath iiTued in, \. A dilllaiming of our fwdrn Duty of endeavouring die Reformation of England. 2. A cbnlentingto the per- petual and unalterable Efiablilhmcnt of abjured Prelacy in EngJaiid and Ireland; and fb, 3. an avowed Con- tinuance of Perjury and Breach of the Sokmn League and Covenant. pIFFERENCE XII. In the reforming Poind, the Direc- tory for publick \\ r orfhip having been prefented by the General AP fembly to the Parliament, was by them ratified and approved, apd or- dained to be recorded, pubbfhed and pracVifcd, according to the Tenor there of (n)'. ' Hut,' '" " ' In the prefent Period, the Parliament 1695. aiTnmed a Power of y the fame (0): and though by the Act urity it is declared, that the Tbrm and Purity of ^Vonhip prffent-. \y iiVlTe Ihould remain and con: in ue iiji^terable (j>); yet,' by th-.- Aft of Tckr.ition 1712. uiner Torms of .. ; p are admitted of iri Scotland', which is no more extennve than the Church of Scotla.-id was by Lav. And, by the Fo:n; (fjCcJ'.cclp.i Form cf praying for the King and . Family is preicribed to Prefby- terians, as well as others, and 01 to be obfen ed thereafter, upon Pain of 20 L. tor the firft Fault, and Si- lencing three the Second >). Difference XIIT. In r .', die larger and (hortcr Cate'chiims, and Act of bly receiving and approving the lame as Parts or Uniformity with -.e ratilied and approved But, In ; thefe Cate- chifnu . been appro\ . acknowledged. Difference XIV. In : the Parb'a- ment faithfully endeavoured the Sup- -nd excluding them from Places of lower and Trull lie .nd Army (/), a ij iuch was . La .vs, that, . Mr, Living- a and wrote of th. . Soldiers . !ly F.xamplcs, not only but alio r fincc 'ucr before them With a y ; and there hath . nglt a- . :ig the :>muc]i at th:s . Tro . sere to lapply the L D | i - ment were igairul countenancing, ot 10 much as tolerating Independents, Anaboptiits, Qu-kcrs, and other <). But, I Door hath, been opened, by the Toleration Act ty), to all Sect^ except Popifh Recu- fahts and Deifts, iniomuch that it were ealy to condefcend upon near a Score of different ProfejTions i:. land alone, all pretending that they arc in the right Way. Upon this Act it may be obi that here is, 1 ■ A r Iniquity, particularly SuperfKtion, y to the fecbod ( meat, and Proofs annexed the: c our la: j contradicting our foltmn Covci which are directly oppofed pacy. i- At Icalt an in... ment of Epii not only allowed to Epilcopals to pray, preach, ule tiie Liturgy, Crc. bur all Magiftratcs pro- long them, but po- Penalcies, to protect and defend ihena ui ib doing : And what better Se- curity hach • F.^r, -l. by this \yr) Toleration Act, iven by former Laws to our Pr. ment render. Pain oj no force, nor neu Glofs upon Words, we Appeal to the I he General . t'.on ; * and : ; : soft to all ( =2 ) c of God, and the Scandal and Ruin of doms of Scotland and England (r). But, the true Chriltian Religion, and the * infallible Difturbance of the Quiet, * and to the Confufion of tins Church 1 and Nation.' Notwithstanding whereof this Bill was part: into an Act, without any material Alteration, as the Act before referred to at Length proports. Difference XVI. In the reforming Pericd, the Parlia- ment evidenced a Praife worthy Care for exeeming the Subjects from all unlawful and unneceflary Oaths or Bonds (x). But, In the prejhii Period, the practice of contradictory Swearing begins at the very Head (j). And as it hath been by fevcrals undertaken to be proved, that the Oaths of Allegiance, AfTu- rance and Abjuration, impofed with a little Variation as to Presbyterian Miniiters, Preachers and Teachers, in leaving out the Reduplication up- on the two Acts of Parliament there- in mentioned (z), upon all in Truft and Office (a), are inconfiitent with our Covenants, National and Solemn League, Oaths Hill morally binding on us, it is known that they are fre- quently repeated by the fame Perfbns, and lometimes upon one and the fame Day, to qualify them for diffe- rent Offices and Employments (b), and thefe befides all other known Abufe of Oaths in En'ries, by Ship-Matters, Merchants, Maltfters, brewars, Candlc- jnakcrs, and others. Difference XVII. In the reforming Period, the Parlia- ment were careful to fuppefs fuch Books and ~\\ ritings as tended to the Difoonpur of God, of Religion, of the Kirk, or of the Kingdom, or to fow Dilcord betwixt the two King- (x) Cclkcl. p. 81. end 48s 38. end 44. ScfL 6. Pari. 3. K. Charl. I. iC , , 7 . ( v ~ Collect, p. 2 sa • (z) Collccl. . " («) Colich. 2 4 3- (h) ColUtl. 2, 193, 230, 231, 242, 245, In theprcfent Period, Atheifm, Bla£ phemy, and other terrible Errors, have luch Vent as if HeU were let loofe a- mong us, and no Check is given to any Thing if it hold off the King and Government. Difference XVIII. In the reforming Period, the Parlia- ment exerciled due Care to fupprefs certain grofs Vices and Impieties, fuch as idolatrous Monuments (d), Lyk- wakes (w), and the fuperfHtious Ob- fervance of* Yoole ana* other Holy- Days (/). But, in the prefent Period, there is little, if any Check given to fuch Things ; particularly as to Holy-Days, the To- leration of Epifcopals in Scotland draws the whole Train of them after it, which are mentioned in their Li- turgy ; and fbme of thefe have fuch Countenance in Law, that civil Ju- dicatures are prohibited to fit upon them (g). Difference XIX. In the reforming Period, it is enacted, That Witches, Sorcerers and Necro- mancers, and Confulters with Devils and familiar Spirits, fhall be punifh- ed with Death (/;). Put, In the prefent Period, it is enacted, That no Profecution, Suitor Pro- ceeding ihall be carried on againft any for \\ itchcraft, Sorcery, Inchant- ment or Conjuration, &c. (i). not- withltsnding the Law of God com- . mands that iuch mail not be fuffered to live (*). Difference XX. In the reforming Period, the Parlia- ment difcharged the difpenfing with God's Law, by remitting capital Crimes, and ordained that Perfbns pa* (c)See Atl 16. Pari. 1640. Demand jib and Anfwtr thereto of the lacge Tn^/y.and Otted. p. 102. $ Cdhft.p. 1 8 3 ,&c. [i] Colkft.p. icV. ( f) Colhct. 7 6, 112. (£) &k& P- '■'?■ ('). (McH.p. 138. {t) Ccilect.p. 25: Exod. *lii. i8. ( *3 ) funiftiablc by Death, fhould, not- ftablifh.ng Presbyterian Government, withstanding of fuch RemirGon, be proceeded againft, and piiniihed, by Death (/). But, In the prefer* Pmoi % befidcs the In- ftance already given, it is no rare Thing to hear of Refpites, and even Remiffions to Murderers, though the divine Law hath exrrefly command- it fuch (hall die'the Death ( m ), and as exprefly prohibited a taking any Satisfaction for their Life(fl). Difference XXI. In the refatrmag Period, the Parlia- ment made feveral Laws reftraining the Pcver of Patrons, limiting them m the Exercife thereof, obviating in Part the word Effects might have been feared therefrom, and at length aboliihed the fame altogether (o). But, In ti>e prefent Period, thou/ muft be owned, to the Honour of the Revolution- Parliament, that Pa- tronages were reminded by them (/>), yet are they again refrored by an Act in the :-;: c. and which Yoke hanging abou^our Necks to this Day, innumerable are the Marks of its Opprcflion. Difference XXII. In ti Period^ the Parlia- ment revived a fundamental Confti- tution firft made in the Year 1567. tfalC the Prince a- People be of one perfect Religi 1 farther ordained, that, before or any of his Succeflors, irnitted to the EaercUc cf his I Power, he fliould, by and at- ed in the Act . afTurc ai.d declare by hk fo- od and wee of the nam* and I ie and Co vaunt, and f the Directory of Worfhip, Confeilion of Faith and Catechifms, '.V. B.) a$ they are approven by the General Affembly of this Kirk, and Parlia- ment of this Kingdom, in all his Ma- jetty 's Dominions (r) ; and the fame King Charles having, at his Coronati- on ( Jajtuury 1. 165 { . ) accordingly fvvorn, declared, and obliged him and received the kingly Sword the fame exprefs Purpofes, the Pn- mores regni did alfb fwear that they became his Liegemen, and J and Faith (hould bear unto him, and live and die with him, againit all Man- ner of Folks whatsoever, in his Ser- vice, (N.B.) according to die National Covnant, and Solemn Leagu. Covenant (5). But, In the prefect Period, our King mud not be of our Religion, nor can he agree to the CV and Solemn Leagu, boumj by poftcrior Laws, and by his Oath, to maintain inviolably the Set- tlement of : and the Toleration &e.(f). , as our refor Peiiod \ Occafion . thankful Repetition of the I Predic'iion, Pfaim cxlv. 4, ir, 12. . —They JbJt cf tly Kingdom, and tJk oj Pvwer. ] ejeftj of lis I jult Occafioa I rh ic- APPENDIX, containing a few REMARKS upon Part It. of a Pamphlet, intitled, TheThird Proof of Fancy no Faith. Ezek. xxxiii. 12. — The Eighteen fiefs of the Right eotis fall net deliver him hi tht, Day of InsTravfgreffon \ as for' the Wichtdnefs of the W'ukod, he fiall not fall thereby in the Day that he turneth from his Wicfoduefs HE Pamphlet above mention- on } to the One's being a covenanted and covenanting one,- and the other not ; hi this very J aft Pamphlet, \% being beyond a*l Controversy proved,' in the Criterion, that this is but a final? Part of the Difference betwixt them, Indeed he alleges, p. \ » . that, amidft the msny Particulars I write of, he is certain that £bme of them are miirepreJentcd ; bat whether hi* general Say, not attempted to be proved, or mine proved by the mc fj unexceptionable Authorities, is to bs believed, let the Unprejudiced judge ; but, though, among many Particulars^ there be fbme MiftakeSi.this is no-. ways to be wondered at, w^jju in our Author's Ccniiderations, ^\$kh are wholly general, there are ieveral. As, . I . Is it not a Miffepreientation to nnd Fault p. t, 2, <5cc. with a mew- ing the vaft Difference betwixt the reforming -and prefeat Periods, whilfr. the Glory of the former is attempted to be di/paraged to the Diihonour oC it? Author x and the Evils of the latter denied or paiEated, to the encourag- ing of Apofhfy arid Eac^flidihg, and that not only by Epiicopals, Sectari- ans, and the eftablifhed Church, but al/b oy fb many Seceders I 2. Is it not Calumny toaccufe his' Brethren with impugning the Teili-, meny, meerry becaufc feme of them have approved (omiwhat commendable in the Ci Kch a Suppofiti^rj is made of a Mittafce or tvyo which had been acknowledged by hrmfelf. 3. Is it notgrofs Mifreprefentation to aver, as in />. 3. that I had not in the Criterion acknowledged theGcod- nefs of God in what was right done at the Revolution, white! what is /aid iu p. $ and 4. of this Edition, waj done in p. 66 and 67. of the former; But, being con fined to this Page, T mud cut {hort, with referring the, ^Reader, as to what is farther ne( to be faid, to p. 3 . of the foregoing Lfc his thTrd Part i - fc& I ed having been advertiied at A bout the Tifne that a Re- printing the Criterion met with En- couragement, I was aaVifed that a to* tal Overlooking thereof, however much I be difpofed for Taciturnity, might be mifconfrrucled, and therefore thought it fbmeway a providential Call to drop a few Remarks thereof Of the faid Undertaking, confift- ing only of 1 $ Pages, near a Half is txhaufted on the few Lines of Recom- mendation prefixt to the firft Editi- on of the Criterion) and upon the Cenfures which he and his Brethren are expofed to. As to that Recommendation,* al- though the Author's Views of the. rfefulnefs of the Grherim are more reftricled than mine, it ftands in no Need of Vindication, except it be in a grammatical Eicape, owing to a Va- riation iome how made after it was fent to the Prefs ; and, For the others, as I never ftiewr $ any Inclination to or Satisfaction fn them, he is quite eff the Purpofe in fbifring in his Excommunications, cr". with a Confider.-.tion of the Cri- terion, and, wh% pretending an uttef Diirrgard of them, he thereby be- wrays his being fb impreit therewith, that hew not capable of treating up- 6n any Thing, however abflraQ, w ;Lh- out bringing them upon the Carpet. In what he hath written of the Criterion, it is noticeable he attempts not to overthrow any one Particular in it ; on the contrary, he would have it believed, p. 2. that he and all Seceders arc of the fame Mind : If this be the Cafe, let him try to reconcile therewith his former Rea- fonings in 7 . :, Sec. p. jo; 5" 7 c , P. 19, 20, 21, 23, 27, &c. from whence the AiTertions, Criterion p. 7, 8. are ta- ken 1 and if fo^ what meaneth his 1st the ^^ w\ " I