The moft ufual punishment in England for capital crimes is hanging in order to which, the condemned prifoner is conveyed in a cart from the prifon to the place of execution, and hanged till he is dead; being met at the gallows by a clergyman, to prepare him for death. But in cafe of robbery and murder, the malefactor is hanged in chains, in terrorem, till his body be wasted, or devoured by the fowls of the air.

Though counterfeiting and clipping the coin be high treafon, yet offenders therein are only hanged; but they are drawn, as traitors, on a fledge to the place of execu tion; and if women, they are burnt alive: for burning alive is what the law inflicts. upon women guilty of high or petty treason. But, inftead of fuffering the utmost rigour of the law, the criminal is ufually ftrangled before the fire takes hold of her at the ftake.

Beheading is only used for perfons of quality, convicted of any capital crime; the criminal's head being ftruck off with an axe, lying down upon a block.

A traitor's head is commonly expofed to public view, over a gate of the town. The law of England includes all capital crimes in these three, viz. high-treafon, pettytreafon and felony.

The first is a crime of ftate, which confifts in plotting, confpiring, or rifing up in arms against the fovereign, and endeavouring to fubvert the government. Counterfeiting and clipping the coin is also high-treafon by law.

Petty-treafon is, when a child kills his father, a fervant his master or mistress, a wife her husband, or a clergyman his prelate. And

By felony are meant thefts, robberies, murders, &c.

Such punishments as are not capital, or do not reach death, are burning in the hand; a punishment inflicted upon fuch as are found guilty of manslaughter, or chancemedley.

Manslaughter, in the fenfe of the law, is the unlawful killing of one without prepensed malice; as, when two that formerly meant no harm to one another meet, and suddenly falling out the one kills the other.

Chance-medley, or manslaughter by mif-adventure, is the cafual killing of a man, not altogether without the killer's fault, though without an evil intent; for which the of fender fhall have his pardon of course, unless he were doing an unlawful act; as when two are fighting together, a third man comes to part them, who is killed by one of the

two.

Whipping, and tranfportation, are proper punishments for petty-larceny, or small theft, under the ancient value of twelve-pence. The transportation is into the Weft Indies for a term of years, during which they are used as flaves.

The pillory is properly used for cheats, perjurers, libellers, and blafphemers; and the ftocks for vagrant idle fellows, who can give no good account of themselves.

There are alfo pecuniary mulets, called fines, inflicted upon fome offenders, who must remain in prifon till the fame be paid.

In case of a premunire, and mifprifion (or concealing) of treason, the offender forfeits the profits of his lands during his life, and all his goods, befides imprisonment for life.

The spiritual courts have alfo their punishments; fome peculiar to the clergy, and fome common to the clergy and laity.

Of the first fort is, 1. Sufpenfio ab officio, when a clergyman is for fome fcandalous offence suspended for a time from his office; 2. Sufpenfio à beneficio, when he is for fome

time deprived of the profits of his benefice; 3. Deprivatio ab officio & beneficio, whereby he loses both his office and benefice, which is commonly for fome heinous or capital crime: then he is folemnly ftripped by the bishop of his priestly habit, and delivered up to the civil power, to be punished as a layman.

I come now. to the fpiritual punishments, inflicted both upon the clergy and laity.

One is excommunication, or an exclufion from the church; which is of two forts, minor and major, the leffer and the greater.

The firft is an exclufion from the communion of the Lord's fupper, upon contempt of the court; by which the party excommunicated is, by law, difabled from being a plaintiff in any fuit.

The fecond is for enormous crimes, as herefy, inceft, adultery: a perfon fo excom. municated being difabled from being plaintiff or witnefs in any court, civil or ecclefiaftical; and if he continue forty days excommunicated, without acknowledging and giving fatisfaction for his offence, a writ comes against him out of Chancery, de excommunicato capiendo, to cast him into prison without bail, and there to lie till he has fully fatisfied for

his offence.

Another punishment is that called anathema, ufed only for obftinate hereticks; whereby the offender is declared a publick enemy of God, curfed, and delivered over to eternal damnation. This is done by the bishop himself, affifted by the dean and chapter, or twelve other grave and beneficed clergymen.

The third is a publick penance, when the delinquent is compelled to make a publick confeffion of his fault in the church. But, it the crime be not very notorious, the faid penance may be commuted, at the delinquent's requeft, into a pecuniary mulet, for the poor of the parish, or fome other pious ufe; provided this appears to be the more probable way to reclaim the offender.

CHAP. VIII.-Of the Religion and Morals of the English.

CHRISTIANITY did not flourish here till the reign of Lucius, a British king, and the first christian king, towards the end of the second age.

When the heathen Saxons came to be poffeffed of this ifland, and the natives forced to take shelter amongst the mountains of Wales, the christian faith fled with them, and this country was again darkened with heathenifm; till, about the year 596, Austin the monk being sent by pope Gregory the Great to preach the gospel here, the work profpered fo well by his diligence and zeal, that all the Saxons were by degrees converted to the chriftian faith, and Austin made the first archbishop of Canterbury, but with a fubjection to the church of Rome. Thus the church of England continued fubject to the Roman church till the reign of Henry VIII. who, being difgufted at the pope, re-affumed the power of the chriftian British kings, his ancient predeceffors, and laid by that means the ground for a reformation; in which a great progrefs was made in the next reign; but queen Mary, fucceeding next to her brother Edward, overthrew the refor mation but her fifter, the famous queen Elizabeth, coming next upon the throne of England, re-established the reformed religion, in the year 1562. The doctrinal points, confifting of 39 articles, were confirmed by the queen and parliament: the fubftance of which take as follows:

1. The unity of the godhead, and trinity of perfons, owned.

2. That the second perfon, the word made flesh, being in two diftinct natures, and one undivided perfon, Christ, very God, and very man, fuffered, was crucified, dead

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and buried, a facrifice to God for original and actual fin.

3. That he defcended into hell.

4. That he rofe again from death, and afcended into heaven, and fhall return again to judge all men at the last day.

5. That the Holy Ghoft proceedeth from the Father and the Son, of the same substance, majesty and glory, very and eternal God.

6. That the holy fcripture containeth all things neceffary to falvation, viz. these books, which are canonical, Genefis, Exodus, Leviticus, Numbers, Deuteronomy, Joshua, Judges, Ruth, 1 of Samuel, 2 of Samuel, 1 of Kings, 2 of Kings, 1 of Chronicles, 2 of Chronicles, 1 of Efdras, 2 of Efdras, Efther, Job, Pfalms, Proverbs, Ecclefiaftes, Canticles, four greater prophets, and twelve leffer prophets.

The Apocryphal are to be read for example of life, and inftruction of manners; viz. third and fourth of Efdras, Tobit, Judith, the rest of Efther, Wisdom, Ecclefiafticus, Baruch, Song of the three Children, history of Sufannah, of Bell and Dragon, prayer of Manaffes, firft and fecond book of Maccabees.

That all the books of the New Teftament, as commonly received, are canonical.

7. That the Old Testament doth agree with the New, in offering eternal life by the mediatorship of Chrift. That the old fathers looked farther than on tranfitory promifes; and although the ceremonial and ritual law doth not still bind, yet the moral commandments do.

8. That the three creeds, viz. of the apoftles, Nicene, and Athanafian, ought thoroughly to be believed, and may be warranted out of scripture.

9. That original fin is the corruption of every man's nature, and a continual propenfity to evil, deferving God's wrath.

10. That we can do no good works without the grace of God, by Christ, preventing us.

11. That we are justified only for the merit of our Lord and Saviour Jesus Christ by faith, and not for our own works.

12. That good works, acceptable to God in Christ, do neceffarily fpring out of a true faith, which is known by them as a tree by its fruit.

13. That no works done before the grace of Christ, and inspiration of his Holy Spirit are good.

14. That the doctrine of fupererogation (to wit, that there are good works which God hath not commanded) is false.

15. That Christ alone was without fin, and all of us offending in many things.

16. That after baptism and the Holy Ghost received, a man may fall into deadly fin,

and by the grace of God may again rife, repent, amend, and be forgiven.

17. That fome are predeftinated of God to life eternal by Chrift: fuch are called accordingly, and through grace obeying the call, are juftified freely. That as the confideration of predeftination is comfortable and beneficial to fpiritual men, fo it is of dangerous concern to carnal men. And that we must receive God's promifes as they are revealed, and acquiefce in his will as it is declared in holy writ.

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• 18. That no man can be faved by living up to the rules of any law or fect, but only by the name of Jefus Chrift.

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19. That the vifible church of Chrift is a congregation of faithful men, in which the pure word of God is preached, and the facraments duly administered; and that the church of Rome had erred in matters of faith, as fome other ancient churches have done.

20. That the church hath power to decree rites and ceremonies, and authority in controverfies of faith; yet cannot lawfully ordain any thing contrary to God's word, or expound any one place of fcripture repugnant to another, or inforce any thing to be believed for neceffity of falvation, befides what is in holy writ

21. That general councils are not to meet without the will of princes. That they may err, and fometimes have erred. Nor have they authority to ordain any thing as neceffary to falvation, but out of the holy scripture.

22. That the Romish doctrines of purgatory, pardons, worship of images, relicks, and invocation of faints, cannot be warranted by fcripture, but are rather repugnant to the word of God.

23. That no man ought to preach publickly, or adminifter the facraments, unless he be lawfully called, and fent thereto by publick church authority.

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24. That praying or adminiftering the facraments in an unknown tongue, is repug

nant to the word of God, and the custom of the primitive church.

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25. That facraments ordained of Chrift are not only badges or tokens of chriftianity, but rather fure witneffes, and effectual figns of grace and God's good-will towards us. That the two facraments ordained of Christ are baptifm and the fupper of the Lord; and that confirmation, penance, orders, matrimony, and extreme unction, are not gospel facraments, having no vifible fign or ceremony in the gofpel. That the facraments were not ordained to be gazed upon, or carried about in proceffion, but for a due ufe : and that they have a wholesome effect only upon worthy receivers, and a quite contrary

to others.

26. That the unworthinefs of ministers make none of Chrift's ordinances ineffectual to worthy receivers.

27. That baptifm is a vifible fign and feal of regeneration; and that the baptism of young children is moft agreeable with the inflitution of Chrift.

29. The facrament of the Lord's fupper is, to worthy communicants, a partaking of the body and blood of Christ. That tranfubftantiation cannot be proved by holy writ, but is repugnant to it. That the body of Chrift is given, taken, and eaten only after an heavenly and fpiritual manner by faith; and that this facrament was not by Christ's ordinance referved, carried about, lifted up, or worshipped.

29. That the wicked are not in this facrament partakers of Chrift; but rather to their condemnation do eat and drink the fign of fo great a thing.

30. That the cup is not to be denied to the laity.

31. That the one oblation of Chrift, as propitiation and fatisfaction for fin, was finished upon the crofs, and that the popish facrifices of malfes are blafphemous.

32. That the marriage of priests is not unlawful.

33. That the converfation of perfons excommunicated is to be avoided.

34. That traditions and ceremonies are variable, according to the authority of every particular and national church.

35. That the second book of homilies contains that doctrine which is godly and wholesome.

36. That the book of confecration of archbishops and bishops, and ordaining of priefts and deacons, fet forth in the time of King Edward V. is religious and godly; and that they who are confecrated and ordained according to the fame rites, are rightly, orderly, and lawfully confecrated and ordained.

37. That the fovereign perfon in this realm, is chief governor in it, of all eftates, in all caufes ecclefiaftical or civil, according to that only prerogative which we fee to have been given always to all holy princes in holy scripture by God himself. That the bishop

of.

of Rome hath no jurisdiction in England. That the laws of the realm may punish chriftians with death, for heinous offences. That it is lawful for chriftian men, at the command of the magiftrates, to wear weapons, and ferve in the wars.

38. That the goods of chriftians are not common, yet that almsgiving is every man's duty, according to his ability.

39.

That as vain and rafh fwearing is forbidden by Chrift and his apostle St. James, fo when the magiftrate requires, a man may teftify upon oath in a cause of faith and charity, fo it be done in juftice, judgment, and truth.'

By thofe articles, being the confeffion of faith of the church of England, and a fummary of her doctrine, not only the epifcopal government is retained, but also such rites and ceremonies as are appointed by the church, for decency's fake, are allowable. Such as the ufe of the furplice, the bowing and kneeling before the altar, the fign of the crofs at baptifm, and a few others. But thefe extrinfecals proved fuch a ftumbling-block to fome of the reformed party, as made at least a rent in the church: who rather than comply with thofe ceremonies, feparated themselves from the church, keeping her fundamentals, but renouncing both her difcipline and rites. Thefe were called Diffenters, or Nonconformists, Puritans or Separatifts; fome of them Prefbyterians, fome Independents, and others Anabaptifts; all of them making a great party.

The most confiderable are the Prefbyterians, fo called from their ecclefiaftical government by prefbyters, or elders. These come nearest in point of doctrine to the church of England.

The Independents, or Congregationalifts, are fo called, because each congregation amongst them governs itfelf independently from all others.

The Baptifts or Anabaptifts, from their re-baptizing as many as come into their communion, who were baptized in their infancy. For they are against pedo-baptism, or baptizing of children.

Thefe fects however agree in fundamentals with all the proteftant churches, but come nearest to the Calvinifts. It is true, they use no liturgy, as the Calvinists do, but only extemporal prayers; the very Lord's prayer being difufed amongst them, which is not fo amongst the Calvanists.

Befides these fects aforefaid, there is another particular fect, I mean those called Quakers, from their former way of quaking and groaning in their meetings, when they waited for the spirit. They are a fort of enthufiafts, that pretend to infpiration. It is true, they own the Trinity, and that the writers both of the Old and New Testament were infpired. But they reject all minifterial ordinances, ufe no facrament, and pretend to a light within that leads them into the way of truth.

In civil matters they will have all men equal, and think all oaths unlawful. Therefore they only use yea or no, to affirm or deny a thing. They ridicule the civility of the hat, and their way is to thou all men without distinction, the prince as well as the cobler. The plural number, when we speak to one, is to them a great folecifm. And whereas most names of days and months are of pagan origin, they never name them but thus, as the day called Tuesday, the month called January. They affect plainness in their garb; but in the way of trade, in which they thrive prodigiously, they are as fubtle

as any.

I come now to the Roman Catholicks, commonly called Papifts, and by the law Popish Recufants. There are diverfe laws in force against them, but feldom put in execution. If they could but keep within bounds, and behave themfelves peaceably, they need not fear to be molefted by fo gentle a government.

CHAP.