"The Declaration of the Estates of the Kingdom of Scotland, containing the Claim of Right, and the offer of the Crown to their Majesties King William and Queen Mary.-April 11. 1689.* "Whereas, King James VII. being a profest Papist, did assume the regal power, and acted as King without ever taking the oath required by law, whereby the King at his accession to the government is obliged to swear to maintain the Protestant religion ;"-" and, in a public proclamation, asserted an absolute power to cass, annul, and disable all the laws, particularly arraigning the laws establishing the Protestant religion, and did exercise the power to the subversion of the Protestant religion, and to the violation of the laws and liberties of the kingdom, (inter alia,) by erecting public schools and societies of the Jesuits, &c. making great fonds and dotations to Popish schools and colleges abroad, bestowing pensions upon priests, and perverting Protestants from their religion, by offers of places, preferments, and pensions; by disarming Protestants, while, at the same time he employed Papists in the places of greatest trust, civil and military, such as Chancellor, Secretaries, Privy-counsellors, and Lords of Session,-thrusting out Protestants to make room for Papists, and entrusting the forts and magazines of the kingdom in their hands,—all which are utterly and directly contrary to the known laws, statutes, and freedoms of this realm :-Therefore, the Estates of the kingdom of Scotland, Find and Declare, that King James VII. being a profest Papist, did assume the regal power, and acted as King, without ever taking the oath required by law; and hath, by the advice of evil and wicked counsellors, invaded the fundamental constitution of the kingdom, and altered it, from a legal limited monarchy, to an arbitrary despotic power, and hath exercised the same to the subversion of the Protestant religion and the violation of the laws and liberties of the kingdom, inverting all the ends of government, whereby he hath fore * An abstract of the Claim of Right is deemed sufficient in this place. faulted the right to the crown-and the throne is become vacant." The Estates "do, in the first place, as their ancestors in the like cases have usually done, for the vindicating and asserting their ancient rights and liberties, Declare, "That, by the law of this kingdom, no Papist can be King or Queen of this realm, nor bear any office whatsoever therein; nor can any Protestant successor exercise the regal power until he or she swear the coronation oath."* The Declaration and Claim of Right was followed on the 7th June 1690 by an "Act ratifying the Confession of Faith, and settling Presbyterian Church-Government."+ "Our Soveraigne Lord and Lady, the King 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 settle and secure therein the true Protestant religion, according to the truth of God's Word, as it hath of a long time been professed within this land: And also the government of Christ's church within this nation, agreeable to the word of God, and most conducive to the advancement of true piety and godliness, and the establishing of peace and tranquillity 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 Presbyters, is and hath been a great and unsupportable grievance and trouble to this nation, and contrary to the inclinations of the generality of the people ever since the Reformation, (they having reformed from Popery by Presbyters,) and therefore ought to be abolished; likeas by an act of the last session of this Parliament, Prelacy is abolished. "Therefore their Majesties, with advice and consent of the said three Estates, do hereby revive, ratify, and per Acts, vol. ix. p. 38. petually confirm, all laws, statutes, and acts of Parliament, made against Popery and Papists, and for the maintenance and preservation of the true reformed Protestant religion, and for the true church of Christ within this kingdom, in so far as they confirm the same, or are made in favours thereof. Likeas, they by these presents ratify and establish the Confession of Faith, now read in their presence, and voted and approven, as the publick and avowed confession of this church, containing the sum and substance of the doctrine of the reformed churches. "As also they doe establish, ratifie and confirm the Presbyterian church government and discipline; that is to say, the government of the church by Kirk-Sessions, Presbyteries, Provincial Synods, and General Assemblies, ratified and established by the 114 Act, Ja. VI. Parl. 12. Anno 1592, entituled, Ratification of the Liberty of the trew Kirk, &c. and thereafter received, by the general consent of this nation, to be the only government of Christ's church within this kingdom; reviving, renewing, and confirming the foresaid act of Parliament, except that part of it relating to patronages, which is hereafter to be taken into consideration," &c. Act for settling the Quiet and Peace of the Church. "Our Sovereign Lord and Lady, the King and Queen's Majesties, with advice and consent of the Estates of Parliament, ratify, approve, and perpetually confirm the fifth act of the second session of this current Parliament, entituled, Act ratifying the Confession of Faith and settling Presbyterian Church-government in the whole heads, articles and clauses thereof. “And do further statute and ordain, That no person be admitted, or continued for hereafter, to be a minister or preacher within this church unless that he-subscribe the Confession of Faith ratified in the foresaid fifth act of the second session of this Parliament, declaring the same to be the Confession of his Faith, and that he owns the doc C trine therein-contained, to be the true doctrine which he will constantly adhere to: And likewise that he owns and acknowledges Presbyterian church-government, as settled by the foresaid fifth act of the second session of this Parliament, to be the only government of this church, and that he will submit thereto, and concur therewith, and never endeavour, directly or indirectly, the prejudice or subversion thereof. "And their Majesties with advice and consent foresaid, statute and ordain, That uniformity of worship, and of the administration of publick ordinances within this church, be observed by all the said ministers and preachers, as the samen are at present performed, and allowed therein, or shall be hereafter declared by the authority of the same: And that no minister or preacher be admitted or continued for hereafter, unless that he subscribe to observe, and do actually observe the foresaid uniformity." These are the chief public laws of the land, by which the Presbyterian church of Scotland has been established in this portion of the British empire. It seems unneces sary to load this epitome with any details of the several statutes by which Episcopacy was for a time restored in the reigns of King James VI. and at the restoration of Charles II. as these were all abrogated at the revolution. And, in order to complete the series, it seems only necessary to subjoin such extracts from the statutes as were passed at the time of the union with England in 1707, by which the Scottish church was finally declared to be the established form of church government in Scotland. In the Scottish act of Parliament ratifying the Articles of Union, 16th Jan. 1707, the preamble bears: And siclike her Majesty with advice and consent of the Estates of Parliament, resolving to establish the Protestant religion and Presbyterian church government within this kingdom, has past in this session of Parliament an act intituled, Act for securing of the Protestant religion and * William & Mary, Parl. 1. Sess. 4. Act 23. Presbyterian church government, which by the tenor thereof is appointed to be insert in any act ratifying the treaty, and expressly declared to be a fundamental and essential condition of the said treaty of union in all time coming." This act for securing the Presbyterian church government is in these terms: Our Sovereign Lady and the Estates of Parliament considering, that by the late act of Parliament for a treaty with England for an union of both kingdoms, it is provided that the Commissioners for that treaty should not treat of or concerning any alteration of the worship, discipline, and government of the church of this kingdom as now by law established,— which treaty being now reported to the Parliament, and it being reasonable and necessary that the true Protestant religion as presently professed within this kingdom, with the worship, discipline, and government of this church, should be effectually and unalterably secured: Therefore her Majesty, with advice and consent of the said Estates of Parliament, doth hereby establish and confirm the said true Protestant religion, and the worship, discipline, and government of this church, to continue without any alteration to the people of this land in all succeeding generations—and more especially her Majesty with advice and consent foresaid, ratifies, approves, and for ever confirms the 5th act of the 1st Parliament of King William and Queen Mary, intituled, Act ratifying the Confession of Faith and settling Presbyterian church government, with the haill other acts of Parliament relating thereto, in prosecution of the declaration of the estates of this kingdom, containing the claim of right bearing date 11th April 1689-and her Majesty, with advice and consent foresaid, expressly provides and declares that the foresaid true Protestant religion, &c. all established by the foresaid acts of Parliament, pursuant to the claim of right, shall remain and continue unalterable;—and further provides, that the colleges shall continue forever Protestant, &c. And further, her Majesty, with advice foresaid, expressly declares and statutes, that none of the subjects of this kingdom shall be liable to, but all and |