Whatever may be faid as to fome claufes and circumftances of thefe ftatutes, or of fome of the more early acts as originally framed, for which we fhall not here feek an apology*, (though that might perhaps be found in the peculiar cir

By the Judaical laws, which were adapted to the peculiar conftitution of the Jewish nation, commonly called a theocracy, idolatry was made punishable by death. In the early period of the Reformation, Popish idolaters, were fubject. ed to the fame punishment, as by the 104th All, Parl. 7. Ja. VI. Not only were maffes prohibited, but pilgrimages, faints days, carols, and other Papisti cal rites, under this penalty, if they continued in these practices after pecuniary pains inflicted. Likewise by Ja. VI. Parl. 6. c. 71. ratified by the Scotch aft of K. Will. 1700, all perfons, going abroad for education, were obliged, within twenty days after their return, to make the confeffion of their faith as then established, or to fly the kingdom within forty days thereafter, or be pursued as adverfaries to the religion. It is very probable that the framers of these acts, not adverting duely to the difference between the Jewish polity and the civil government of other nations, were of opinion, that idolatry and fuperftition were, in their own nature, ftate crimes, and that a diffent or difference from the religion established was directly punishable by civil pains, It is undeniable that fentiments of this fort were long and almost universally prevalent even in Proteftant nations. But upon thefe principles and ideas the penal ftatutes against Papifts cannot perhaps be vindicated: nor doth it appear that, upon these principles alone, they were enacted or executed. But, however that might be, the peculiar nature of the idolatry and of the religious system of Papists complexly taken, and its evil aspect, and dangerous tendency, in regard to the civil nights. and liberties of mankind, and the interefts of Proteftant governments and commonwealths, ftill leave room, and afford unquestionable ground for justifying the general nature, fcope, and fpirit of these laws and were the fituation and cir cumstances of the times wherein they were enacted more fully known, and the imminent dangers and fufferings which our anceflors felt, or to which they were daily exposed by the turbulent difpofitions and practices of Papifis, (of which we can scarce now form any proper idea), thefe might go far to juftify, at least to apologise for all the feverity of the letter of them.

By feveral ftatutes in both kingdoms perfons were prohibited, under certain penalties, from importing, printing, vending, or ufing any Popish bocks. This part of the ftatutes too appears to bear the marks of the illiberal principles, the over-fcrupulous reftraints, the too jealous and narrow policy of past times, which, if ftrictly executed, might be prejudicial to the liberty of the prefs, the interefts of learning, and a real differvice to the cause of Proteftants, by depriving them of the best means of knowing the true principles and arguments of their adver faries; a piece of knowledge prev oufly neceffary to a proper and effectual refu:a tion of them. Accordingly these have gradually fallen into difuetude, and, in the prefent improved state of knowledge, are very properly left neglected. If fuch a law be ever neceffary (as fometimes it may) for preventing the spreading

of

circumftances of the times), we may propounce them to be in the main, and in the particulars which were the principal objects of the late repeal, not only just and necessary, but, all things confidered, alfo humane. As far as could confift with the public fafety, thefe laws, fo freely and fometimes fo indecently arraigned for their inhumanity, appear to carry tenderness in them to the unhappy offenders. Even the most fevere of them evidently discover a reluctance to proceed to the last extremity by touching their lives: fanguinary, therefore, in the proper fenfe of the word, they cannot juftly be called, while Papists were not fubjected by them to capital punishment, at first inftance *. It was ftill in their power to avoid this punishment, and none could be in danger of it, but by their own obftinacy, and deliberate repeated contempt of the laws. Indeed, if a priest or other offender, after fentence paffed against him, returned from banishment, continuing ftill a Papist, he was then liable to death; but is not this an ufual penalty annexed to an act of transportation for any cause whatever, and reckoned neceffary to enforce it? And is there not a law still in force, by which Proteftant minifters diffenting from the

of Popery, it ought certainly to be reftricted to recufants only, that is, to those who refufe to purge themfelves of Popery, and alfo confined to books alone written in the vulgar language. A law thus limited, as it would provide against the danger to ignorant and illiterate Proteftants, so it would be no real encroachment on the liberty, or impofition on the understandings and confciences of those who take their religion, at any rate, upon truft, and whose faith depends more upon oral tradition and inftrusion than upon fcriptures either divine or human. And fuch as are content with the Bible, and the fervice and wrhip of God, in an unknown tongue, cannot reasonably complain of being hardly used, if they are allowed their other books of devotion, and all their writings, on the very fame terms.

* By fome of the ftatutes, indeed, the hearing and faying of mass, as well as making profelytes to Popery, was made treasonable; which, by a general claufe in the act of Will, and M. are ratified along with the rest of the old ftatutes. But teat these were not ftrictly intended to affect the lives of Papifts at firft inftance, but to ferve rather for terror than execution, is evident from the other penalties and different forms of process appointed by other acts, and particularly from the wh de tenour of the repealed act of K. Will.

church

church of England are condemned to banishment, befides other corporal and arbitrary "punishments, if they should attempt to admit their people to the enjoyment of one of the most unquestionable rights of mankind, that of marriage, in the manner perhaps alone agreeable to their principles and confciences. If one of them fhould, at any time, exercife this part of his function, otherwife than the ecclefiaftico-political laws of England prefcribe, it behoved him to fet about it with as much fecrecy and precaution, and as much fear and trembling, as ever Jefuit did in faying his mafs; and he would run a greater risk than a Popish priest now, for difpenfing all the feven facraments of his church; yet, have we heard a word of the barbarity or impolicy of this law, or of its repeal, though the penal laws relating to Protestant Diffenters have been exprefly under confideration of the British parliament fince the acts for the relief of Roman Catholics were paffed *. Befides,

However laudable and neceffary the late act made in favour of diffenters be, yet fome could not help thinking that it was little more than an appendage to the Popish bills, to conciliate more readily the minds of all forts of people to them, and prevent the odium and cutery which otherwife might have arifen from granting fuch extensive liberty and exclusive privileges to Papifts. But, when a law is good in itself, it is needlefs too anxiously to examine what were the motives or views of its fråmers. Nor fhall we here inquire, whether the relief therein granted be adequate and fufficiently liberal, or in what things it may be defective. One thing, however, could scarce escape observation; that is, the different fate which this bill met with in parliament from the other in favour of Popery. Though we are far from condemning the amendments made in the bill, or from finding fault with that freedom of fentiment and speech which is the undoubted privilege of every member of the honourable house; yet the oppofition that it met with from fome, the reluctance wherewith it feemed to be granted by many, and the little angry jealoufies which it excited within and without doors, give the public but too great caufe to fufpect, that the old and fatal politics of locking with a more favourable eye on the Popish than on the diffenting intereft, are not yet entirely banished from Britain. When the question was about repealing or difabling ftatutes which had invariably continued in force fince the earliest period of reformation, and which fome of the wifeft and greateft of men had formerly been accuftomed to confider as very confiderable and needful fecurities to the general interests of Proteftants, there was no debate nog diffenting voice heard;-no Sir WIm Bg-t to deplore the looseness,

atheifm,

Befides, one might expect there would be little faid of the feverity of thefe preventive or cautionary laws, as they may be called, defigned to guard the most important interefts of the individual and the public, in a nation where multitudes are continually gibbeted without mercy for fimple acts of fraud, theft, or larceny, perhaps perpetrated under the indifpenfible cravings of nature, or to keep a perfon or family from ftarving or public difgrace ;-in a nation, where a man, by the ftanding laws, for pilfering a few pence, or fecreting a fheep-fkin, is doomed to death.

atheifm, and irreligion of the times, or in Caffondrian ftrains to foretel the approaching ruin of his country; not one to recal the memory of paft dangers, or to hint a word of forme, difloyalty and diff&tion; no zealous ipecches, no university addrifles, pointing out the threatened danger to church and state from the propofed toleration, though one would think there was at least equal room for them but when one or two of the tyrannical acts of Charles are to be res pealed, in favour of those whofe zeal for Proteftantifm is undoubted, and whofe attachment to the civil government and a free legal conftitution has been proved in the most critical times,-toen the champions of Epifcopacy ftart to their feet; the fierce zeal of bigots is kindled; the old annals of civil wars are ransacked and appealed to for imaginary crimes of faction, difloyalty, and rebellion; yea, the poor Prefbyterians in England must not only be refponfible for the past but for prefent wars and rebellions to the outmost extremity of the globe, because there are fome Prefbyterians, in common with perfons of every denomination under the fun, engaged in the cause of America; though, by the bye, there are comparatively few in the American provinces, who properly deferve that name; though it be alfo well known, that religion is as little the quarrel, or the true ground of the American war, as the figure of the grand fignior's turban; and though it be equally well known, that none have in general fhewn greater averfion to the cause of the Americans than the emigrants from North Britain, and none have fhewn greater keennefs, or made greater exertions for aiding government in the war against them, than the Prefbyterians there; for which, in return, they are not only obligingly complimented with the innuendos of holding dungerous and feditious principles, but their country alfo must be left almost entirely defenceless. But fetting the politics of that deftructive war apart, and though it must be owned that religion, either of one form or another, was not previcully in view, or directly concerned in the controverfy, yet this appears to be one of the great and happy events for which divine Providence is over-ruling it, to put,, we hope, a final end to the defign, and to crush any future attempt to fet up an Antichriftian pageant hierarchy and Epifcopalian tyranny, in the Am rican world, by the B.itish legiflature. And would to God, that this were only a prelude to the total overthrow of that burdensome, oppreffive, and impolitic fystem, in every part of the British dominions!

Shall fmall offenders perish unpitied, while thofe whofe genius for mischief moves in a larger, though lefs vifible fphere, who are criminals by fyftem, and who teach mankind villany by rule,-are not only fpared, but publicly protected, careffed, and encouraged?

And if we compare thefe laws with fome of the fanguinary acts proceeding from Popifh governments, and tribunals, and laws remaining yet unrepealed, they are clemency itself, and proclaim the temper and moderation of a Proteftant conftitution. In the hardest laws, and feverest profecutions of Papists, the British governors have never copied the examples drawn to their hand, nor attempted to retaliate the fhocking barbarities which thofe of that religion exercised when they ruled the nations, and these lands among the reft, with their iron rod. The cup, of which they have made others fo largely drink, has never yet been filled up to them. Their little finger has ever been found heavier than the loins of Proteftants; and they have but little reafon to complain, when they are chastised with whips, who have chaftifed others, and would still chaftise them, with deadly fcorpions.

Our paffions and feelings alone, to which the appeal is fo often made in this caufe, are a very incompetent judge to determine what laws or actions are unjust and barba rous, and what are not. For this we must apply to a higher principle. In the loweft degree of punishment there may fometimes be more of cruelty than in the higheft, in other circumftances. If we confult mere feelings, every degree of pain and evil, voluntarily inflicted on a fellowcreature, may be pronounced barbarous; as this, in itself confidered, is always contrary to the tender fympathetic feelings of man, and productive of uneafy fenfations. By this rule, the emetics and cathartics, the lancet, the probe, and the amputating knife of the phyfician, may be account

ed