Some few indeed have enjoyed both their Offices and Benefices ftill, as before the Revolution, and have duly qualified themfelves to the Government; but they owe this Protection chiefly to the found Principles, and affectionate Adherence, of their People to them; among whom, no Prefbyterian Minifter can find any Reception or Encouragement, elfe they might promife themselves the fame Entertainment which the above-mentioned Minifter of Kirknewtown met with; for, their not figning to the General Affembly's Confeffion of Faith, their not owning Prefbyterian Church-Government, their not obferving Uniformity in Worship, maketh them abundantly obnoxious to the Penalties of the Law; but it were hard enough to part fuch Ministers and fuch People from one another.

A few more are conniv'd at in Meeting-Houfes (in Edinburgh, Kelfo, Sterling, Dundee, Perth, Montrofe, Aberdeen, and Elgin,) in all not exceeding five or fix and twenty, in thofe Towns, and very few or none in Country Parishes, where the People are not able to maintain Minifters both in Church and Meeting-Houfe, but ftill upon a precarious Footing, or rather no Footing at all, lying at fimple Difcretion, which, upon proper Occafion, expreffeth itself by all poffible Severities, as laft Summer happened in the Cafe of the lately deceafed Mr. George Mathers, Minister at the Meeting-House of St. Andrew's, who, after he had qualified himself in all Points, was immediately obliged to leave that Town, having his Meeting-Houfe fhut up; who, in two or three Months afterwards, or thereabout, died at Edinburgh, in great Mifery and Want, not letting his Cafe be known till it was paft Remedy. It was but a fhort Time before, that, in Pursuance of the abovementioned Act of Privy-Council, the Minifters of the Meeting-Houses of Perth and Elgin were both put up in Jail, by the Magiftrates of these refpective Burghs, tho' they daily prayed for the Queen, and were ready to qualify themfelves to the Government. And how foon it pleaseth any of thefe Magiftrates or Juftices, in whofe Power it is, to put a Stop to the Miniftry of these few that are in Meeting-Houfes, there is nothing standing in their Way to obftruct their Procedure, This is the Toleration and Protection which the Epifcopal Clergy of Scotland now enjoy.

NUMBER I.

An Act ratifying the Confeffion of Faith, and fettling Prefbyterian Church-Government.

June 7, 1690.

UR Sovereign Lord and Lady, the King's and Queen's Majesties, and three Estates of Parliament, conceiving it to be their bound Duty, after the great Deliverance that God hath lately wrought for this Church and Kingdom, in the first Place to fettle and fecure therein the true Proteftant Religion, according to the Truth of God's Word, as it hath of a VOL. III.

T

long

long Time been profeffed within this Land; as alfo the Government of Chrift's Church within this Nation, agreeable to the Word of God, and moft conducive to the Advancement of true Piety and Godliness, and the eftablishing of Peace and Tranquility within this Realm; and that, by an Article of the Claim of Right, it is declared, that Prelacy, and the Superiority of any Office in the Church above Prefbyters, is, and hath been, a great and unfupportable Grievance and Trouble to this Nation, and contary to the Inclinations of the Generality of the People ever fince the Reformation, they having reformed from Popery by Prefbyters, and therefore ought to be abolished; likeas, by an Act of the laft Seffion of this Parliament, Prelacy is abolished. Therefore their Majefties, with Advice and Confent of the faid three Estates, do hereby revife, ratify, and perpetually confirm, all Laws, Statutes, and Acts of Parliament, made against Popery and Papists; and for the Maintenance and Prefervation of the true reformed Proteftant Religion, and for the true Church of Chrift within this Kingdom, in fo far as they confirm the fame, or are made in Favour thereof. Likeas they, by these Prefents, ratify and establish the Confeffion of Faith, now read in their Prefence, and voted and approven by them, as the publick and avow'd Confeffion of this Church, containing the Sum and Subftance of the Doctrine of the Reform'd Churches, (which Confeffion of Faith is fubjoined to this prefent Act.) As alfo, they do eftablish, ratify, and confirm the Prefbyterian Church-Government and Difcipline; that is to fay, the Government of the Church by Kirk-Seffions, Prefbyteries, Provincial Synods, and General Affemblies, ratified and established by the 114th Act of James VI. Parl. 12, Anno 1592, entitled, Ratification of the Liberty of the true Kirk, &c. and thereafter received by the general Confent of this Nation to be the only Government of Chrift's Church within this Kingdom; reviving, renewing, and confirming the aforefaid Act of Parliament, in the whole Heads thereof, except that Part of it relating to Patronages, which is hereafter to be taken into Confideration; and refcinding, annulling, and making void the Acts of Parliament following; viz. At anent Reftitution of Bishops, Jac. VI. Parl. 18. Cap. 2. At ratifying the Alts of the Alfembly, 1610, Jac. VI. Parl. 21. Cap. 1. Alt anent the Election of Archbishops and Bishops, Jac. VI. Parl. 22, Cap. 1. At entitled Ratification of the five Articles of the General Affembly at Perth, Jac. VI. Parl. 23, Cap. I. A entitled, For the Reftitution and Re establishment of the antient Government of the Church, by Archbishops and Bishops, Cap. 2, Parl. 1. Sess. 2. A&t ft, Alt anent the Conftitution of a National Synod, Cap. 2. Parl. 1. Seff. 3. Alt. 6. Alt against fuch as refuse to depone against Delinquents, Cap. 2. Parl. 2. Seff. 2. A&t. 2. A&t entitled, Act acknowledging and afferting the Right of Succeffion to the Imperial Crown of Scotland, Cap. 2. Parl. 3. At 2 entituled At anent Religion and the Teft, Cap. 2. Parl. At 6. With all other Acts, Laws, Statutes, Ordinances, and Proclamations; and that in fo far allanerly as the faid Acts and others, generally and particularly abovemention'd, are contrary, or prejudicial to, inconfiftent with, or derogatory

from,

:

from, the Proteftant Religion, and Prefbyterian Government, now eftablifhed; and allowing and declaring, that the Church-Government be eftablished in the Hands of, and exercised by, thefe Prefbyterian Ministers, who were outed fince the Firft of January, 1661, for Nonconformity to Prelacy, or not complying with the Courfes of the Times, and are now reftor'd by the late Act of Parliament; and fuch Ministers and Elders only as they have admitted or received, or fhall hereafter admit or receive: And also, that all the faid Prefbyterian Ministers have, and fhall have, Right to the Maintenance, Rights, and other Privileges, by Law provided, to the Minifters of Chrift's Church within this Kingdom, as they are, or fhall be, legally admitted to particular Churches; likeas, in Pursuance of the Premiffes, their Majefties do hereby appoint the first Meeting of the General Affembly of this Church, as above establish'd, to be at Edinburgh, the third Thursday of October next to come, in this Inftant Year, 1690. And because many conform Minifters either have deferted, or were remov❜d from preaching in their Churches, preceding the thirteenth Day of April, 1689, and others were depriv'd, for not giving Obedience to the Act of the Estates, made the 13th of April, 1689, entitled, Proclamation against the owning of the late King James, and appointing publick Prayers for King William and Queen Mary: Therefore their Majefties, with Advice and Confent aforesaid, do hereby declare all the Churches, either deferted, or from which the conform Minifters were remov'd or depriv'd, as faid is, to be vacant; and that the Presbyterian Minifters, exercifing their Miniftry within any of these Paroches, (or where the laft Incumbent is dead) by the Defire or Confent of the Paroch, fhall continue their Poffeffion, and have Right to the Benefices and Stipends, according to their Entry in the Year 1689, and in Time coming, ay, and while in the Church, as now establish'd, take further Course therewith. And to the Effect the Disorders that have happened in this Church may be redreffed, their Majefties, with Advice and Confent aforefaid, do hereby allow the General Meeting and Reprefentatives of the aforefaid Prefbyterian Minifters and Elders, in whofe Hands the Exercise of the Church-Government is established, either by themselves, or by fuch Ministers and Elders as fhall be appointed and authoriz'd Vifitors by them, according to the Cuftom and Practice of Prefbyterian Government throughout the whole Kingdom, and several Parts thereof, to try and purge out all infufficient, negligent, fcandalous, and erroneous Minifters, by due Courfe of Ecclefiaftical Procefs and Cenfures; and likewife for redreffing all other Church-Disorders. And further, it is hereby provided, that whatfoever Minifter, being convened before the faid General Meeting and Reprefentatives of the Prefbyterian Minifters and Elders, or the Vifitors to be appointed by them, fhall either prove contumacious, in not appearing, or be found guilty, and fhall be therefore cenfured, whether by Sufpenfion or Depofition, they fhall, ipfo Facto, be suspended from, or depriv'd of, their Stipends and Benefices.

NUMBER II.

Unto his Grace their Majefty's Commiffioner, and the honourable Eftates of Parliament:

The Petition of the Minifters who were thruft from their Churches by Force and Violence, in December, 1688, or at any Time thereafter, before the 13th Day of April, 1689.

Humbly fheweth,

WH

HEREAS your Petitioners (though they entered to their Offices. and Benefices at their refpective Churches, according to Law, and were in uncontroverted Poffeffion of them) were thruft from these their Offices and Cures, by notorious Force and Violence, caft out of their Dwellings, with their Families and Furniture, and threatened with Death, if they should offer to return to the Exercife of their Miniftry at their refpective Churches :

Whereas your Petitioners, upon fuch violent Treatment, made Application to his prefent Majefty, then his Highnefs the Prince of Orange, (who, at the humble Defire of divers Lords and Gentlemen of this Kingdom, had then taken upon him the Government and Administration of the Affairs of this Realm) by their humble Prayer for Protection, of the Date at Glafgow, the 22d of January, 1688-9, prefented to his Majefty, by Dr. Robert Scott, Minifter at Hamilton, impower'd by your Petitioners for that Effect, as will appear from his Commiffion of the fame Date; and upon that Application, his Majefty did emit a Declaration for keeping the Peace, &. in the Kingdom of Scotland, of the Date at St. James's, the fixth Day of February, 1688-9, whereby he did exprefsly prohibit all Disturbance and Violence upon the Account of Religion, and authorise all Proteftants to enjoy their feveral Opinions and Forms of Worship, whether in Churches or Meeting-Houfes, whether according to Law, or otherwife, with the fame Freedom, and in the fame Manner, in which they did enjoy them in the Month of October preceding, as the faid Declaration more at length bears; whereby it is evident that his Majefty, and his Counsellors and Advifers for Scottish Affairs, at that Time, were clearly convinc'd of the violent Wrongs your Petitioners had met with, and of the Irregularity and Illegality thereof. Whereas, notwithstanding the faid Declaration, the Perfecution of your Petitioners continued as hot as ever; as is evident from a fecond Tumult at Glagow, upon the 17th Day of February, and Year abovefaid, being the Lord's Day, on which both Minifters and Hearers (having affembled for Divine Worthip acccording to Law, and upon the Protection and Security contained in the faid Declaration) were moft violently assaulted by an enrag'd Multitude, in the high Church of that City; and a great many other Inftances, which may be easily adduced. And a Reprefentation of that Tu

mult

mult in Glasgow, and a fecond Application for Protection, were made to his Majefty, by Dr. James Fall, Principal of the College of Glasgow: And his Majefty referr'd the Matter to the Meeting of Eftates, indicted by him to fit at Edinburgh, the 14th of March, and Year aforefaid.

Whereas the faid Meeting of Eftates did not think it convenient in that Interim, by their Authority, to repoffefs your Petitioners of their juft, legal, and undoubted Rights, as appears from their Proclamation, of the Date at Edinburgh, the 13th Day of April, 1689; fo that your Petitioners wanting Protection, durft never fince, without the manifeft Peril of their Lives, adventure to return to the Exercise of their Miniftry at their refpective Churches. Whereas your Petitioners (befide the unspeakable Grief it is to them to be thus reftrain'd from the Exercife of their facred Function) are generally reduc'd to great Neceffities, and many of them, with numerous Families, are at the Point of ftarving, having no Livelihood but their Stipends, and being refused Payment of these by the Debitors thereof, upon Pretence of an Act of Council, dated December the 24th, 1689, whereby Intimation is made to all Judges, that the Cafe of the Minifters, who are not in the actual Exereife of their Minifterial Function the 13th of April, 1689, lieth under the Confideration of Parliament; and they are required, in executing of Sentences already recovered, and in judging of Proceffes, to be intented at the Inftance of fuch Minifters, to behave themselves as they will be answerable; which Act, not only the Debitors of your Petitioners Stipends pretend for not paying the fame, as faid is, but also, many inferior Judges do fo conftruct, that they will grant no Decrees in favour of your Petitioners. And,

Whereas, by the Laws of this Realm, your Petitioners (being Ministers of the Gofpel of Chrift, and having entered legally to their Offices and Benefices, as faid is) have a Right to Protection in the Exercife of their Miniftry, at their respective Churches, and to their Benefices, ad vitam vel culpam, and can neither be deprived of either without a legal Sentence. And now that your Grace and the Eftates are met in Parliament, to which the Cafe of your Petitioners is referred by the aforefaid Act of Privy Council: May it therefore pleafe your Grace, and the honourable Eftates of Parliament, to take the Premifes under Confideration, and interpofe your Authority, for reftoring your Petitioners to the Exercife of their Ministry at their refpective Churches; for caufing make Payment of the Stipends that are due to them by Law, and for protecting them both in their Offices and Benefices, according to Law.

NUMBER III.

Act for fettling the Quiet and Peace of the Church.

Edinburgh, June 12, 1693.

UR Sovereign Lord and Lady, the King and Queen's Majefties, with Advice and Confent of the Eftates of Parliament, ratify, approve, and perpetually confirm the fifth Act of the fecond Seffion of this

current