perfecuting spirit of the church of Rome. They were, however, allowed to continue in force, and unrepealed, long after the grounds of their being enacted were, in a great measure, removed. The lenity and conftitutional liberty of our government, as well as the mild fpirit of our religion, fufpended all exercife of them; and, of late years, from their continued repreffion, they came to be regarded as obfolete; and, in that view, in one part of the united kingdom they were lately cancelled by the legislature [40.393.]. But it appears, from the combustion that has happened in this country, that many of our people had a different notion of thefe ftatutes against Popery, or were eafily induced to view them in another point of light: they feem to have considered them as acts equivalent to, or forming a part of the of rights, and as conftitutional fecunties for the Proteftant religion; and hence the popular aversion to have them repealed.

Yet it appears manifeft, that the refecting part of the people were moved to this oppofition from a perfuafion of the inexpediency, and the dangerous conlequence of the repeal of those old ftatutes; and not from a denial and violation of the claims of conscience, and a perfecuting or intolerant fpirit. Almoft all the warnings and advertisements that have been published, disclaimed any such prinaple fo contradictory and repugnant to the Proteftant faith and profeffion was it found to hold any fuch Antichriftian doctrine, that, in the first eruption and fervour of zeal, it was difavowed, and generally faid to be abhorred.

I fhall not, therefore, animadvert on the procedure of the incenfed populace, which has been generally condemned; but remark their extravagant credulity, when they believed, not only that their civil governors were about to undermine or betray the intereft of the Proteftant religion, but that a party of the minifers were difpofed to favour their defign. How aftonishing was the delufion! and how could fuch a hideous thought enter into their hearts, to imagine that any of the minifters of this church would lend their aid to Popery, and think of fhutting the wide gulph fixed betwixt us and the church of Rome! Though we are not the richest clergy in the Proteftant world; though any of us fhould be loft to confcience and to principle; yet fren

zy and madness only could drive the meaneft amongft us to go a-begging after the party-coloured veftments of Rome : her mitres are fold at too high a price for the richest of us, as they are beftowed on her home-bred fons; and as for her tonfures, her callots, her cowls, and hoods, &c. no Preíbyterian minifter has any taste for them.

Yet all of us, I dare fay, have, in the courfe of our fermons, pointed out occafinally the grofs errors of Popery, long before the prefent alarm was raifed; and there are thofe too among us, who, in the calm and tranquil season, when arguments are best heard, have illuftrated the æra of the Reformation, and P:0teftant principles, with fignal applaufe. We are not then chargeable with deficiency, but have acted as faithful watchmen; watchmen who know, that to give a falfe alarm, is more culpable, than to fleep on our poft, or defert it.

It is faid, that fill there is reason to fear that the Popish bill may be brought into parliament. We have heard of Wilkes's threats, and Burke's letter [135.]. Are thefe antagonists fo worthy of the attention of the church of Scotland, so much to be dreaded by us, that the Affembly fhould appoint a fpecial committee to watch over their motions? Surely the fatyr's fneer would be redoubled in the features of Wilkes, if he heard you had paid him this regard. The rhetorician of the Houfe of Commons would collect all his tropes, and all his ftudied periods, to announce you to the world as a gloomy, dark-minded, and fanatical clergy. But I further fay, Sir, that, in the nature of the thing, we can receive no affurances against the Popish bill more fatisfying than thofe that have been given us; afsurances, not refpectable alone for being delivered from the throne; but, if pollible, more fo, from the candid, the pathetic, the truly af fecting manner in which they were delivered to us. [278.]

I chufe not to follow the first speaker in the wide ground taken by him in the argument; but conclude with declaring it my opinion, that a standing committee ought to be rejected, and the conftitutional mode, of giving an extraordinary and special injunction to our commiflion, be adopted in the form I thall read.

My motion then is, "That a special injunction be added to the infructions Ff2

of

of Commiffions, to the following pur. pofe: That the Commiffions be particuJarly attentive to any future motions about the Popish bill, and, on proper information of an attempt to bring it into parliament, that the Commiflion be fummoned pro re nata; and, in a petition to parliament, reprefent the great alarm and difcontent of the people about the repeal of the penal statutes; and that they take under confideration the procedure of the Commiffions of preceding affemblies, in order to procure new erections of churches in the highlands, and advise thereupon; and to take all prudent, proper, and conftitutional fteps, for oppofing the advance of Popery, and reftraining all tumultuous commotions among the people."

Rev. Mr Colin Campbell at Renfrew. Moderator, As one of the overtures tranfmitted to the Venerable Affembly, and now lying upon the table before you, has been fent from the fynod of Glafgow and Air, I think myfelf bound, by the refpect I have for that numerous and reverend body, to appear in fupport of it, I readily acknowledge, that there are various members from that fyned here, who are much more fit for that purpose than I can pretend to be: but, in a cafe that is of fo great and general importance, there muft furely be room for the exertion of leffer as well as greater abiJities.

Sir, The bill intended to be brought into parliament for the relief of RomanCatholics in Scotland, I beg leave to confider in three different views: First, As directly oppofite and repugnant to the laws of this country, and particularly the claim of right, which is the great fecurity of all our rights and privileges; Again, As wearing a most unfriendly aspect to religion and the morals of our people;-And then, As the natural confequence of thefe, I fhall point out the part that is proper for us to act as the guardians of our people's religious rights and privileges.

-

1st, I fay, I fhall confider it as a matter of law. And no fooner do I view it in this light, than every restraint formerly laid upon Papifts, feems to me virfually abrogated, or, if not fo, gone into defuetude, and can receive no effect from the executive power.

To begin with that claufe which relieves from every kind of reward to infarmers against Papills or Jefuits, and

fubjects to no definitive penalty, even when information is given; this is an indulgence, the fame with restoring them to the free, fecure, and undisturbed exercife of their religion. For where no reward is to be obtained for informing, there the informer will neceffarily cease; or, if pique and refentment should provoke to inform, they can avail but little, as no definitive penalty will follow. And who fees not the confequence of fuch a toleration? How ready will trafficking priefts be to use every art of flattery, terror, and intereft, to pervert Proteftants to the errors of Popery? The free exercife of their religion takes in alfo the ufe of their religious books, which, with out all doubt, they will be ready to dif tribute to their neighbours, inftru&t them in the knowledge of them, and recommend them with all possible warmth and earnestness.

But not only is the claufe I have mentioned contrary to the spirit of the law, but also to the letter of it, which confers a reward of 500 merks upon any perfon apprehending and feizing a Jefuit or trafficking prieft, fo as to have them convicted; allo to that ftatute which or dains, that whoever debauches any of his Majefty's Proteftant fubjects to the errors of Popery, fhall be punished as a trafficking prieft. Thefe ftatutes were enacted in 1696 and 1700.

Again, by another clause in this bill, the difabilities are taken off perfons profeffing the Popish religion, to inherit, or take by defcent, any cftate or inherit ance belonging to their predeceffors: and, on the other hand, it provides them with liberty to buy and purchase lands or eftates as openly as the best-affected Proteftant fubjects in the kingdom. Now, how abfurd and injurious the confequence that must follow fuck a permiffion! In this cafe, the heir, however perverted, or however debauched by trafficking priests, will continue to poffefs the natural intereft and influence of the family; and, if influence follows property, the more extended his property, the greater his influence; which, partly from his own inclination, and partly through the influence of thofe who advife him, he will be fure to ufe for the fupport of his own religious views, and for the fuppreffion of views which are contrary to them. Though his property cannot intitle him to a feat in parliament, it will certainly give him influence in the

flection

election of those who are the members of

it.

But, to conclude this part of the argument, allow me, Moderator, to obferve, that the bill which gave occafion to this overture, provides moft liberally for the Roman-Catholics, in not only allowing them property and influence equal with the Proteftants in the prefent ge, but fecures to them an influence wer rifing and fucceeding generations, as much as it permits them to take pon them the education and governent of youth. How contrary this to e ftatutes 1609, 1661, and 1700, by hich the wisdom of our forefathers proded, that the education of the children Popish parents fhould be carried on der the direction of Protestant rela; and to that purpose enjoined all children of noblemen and gentlemen bo were abroad, and in danger of be. oming Papifts, to return, and have their ducation conducted at home?

Alfo, how contrary this claufe to the tute that enacts a fine of 500 merks, be paid by any one fufpected of Popewho refufes to purge himself, who es upon him the education and gonment of youth; and enacts, that a e of at least 1000 merks fhall be paid any one who prefumes to employ fuch perfon? Now, as thefe laws were all de for the prefervation of the religious hts and privileges of this part of the nited kingdom, and for our protection people who grudged us the enjoyent of them, is it not natural for us to e to keep them unrepealed? Will y man who is not born with a halter out his neck, chufe to be in the retrence of perfons who would opprefs im? Whatever different fentiments we ive about the Americans, and their refent behaviour towards government, e all agree in theory, that it is natural every man to be independent if he in: and why fhould we run the risk of dependence upon men whofe very priniples incline them to perfecute and deroy?

But that brings me to a fecond view of is matter; namely, As wearing an unriendly afpect to religion, and the moals of the people. And here two things oncur to give it fuch an unfavourable pet: one is, the infidelity, and the oher, impiety, of the prefent age. Of kinds of religion Popery is the moft Envenient for an infidel, in as much as

it exhibits religion in fe abfurd a view, that there is fearce any person who will not think himself justified in rejecting it. It dresses religion in a fool's coat, brings it nigh the door, and then it is eafy to kick it out. And again, the impious man, if poffefled of moderate and limited abilities, will very naturally lay hold of this religion, as a way of being faved after a life of iniquity, and the most ready to put to filence his half-ftifled confcience.

From all and every one of thefe confiderations, I am humbly of opinion, that the Venerable Affembly are bound in confcience to declare their oppofition to a fyftem of fo much error and iniquity; and the rather, that it is so much the with and the defire of our people, especially the serious part of them, whofe hearts tremble for the Ark of God. Our Gracious Sovereign has given us an example of ftooping to fatisfy the minds of the people, by the full affurances he has given the Affembly, by his High Commiffioner, from the throne, that this bill is laid afide.

Rev. Mr Lifton of Aberdour. How far the great principles of toleration should be extended, is a queftion of the utmoft importance. If too great indulgence is granted to Popery, there is danger to be apprehended, both to the Proteftant religion, and our civil conftitution: if too great feverity is maintained towards its profeflors, there is danger of our violating thereby the great rights of human nature.

The right of private judgement, and of liberty of confcience, is one of the moft facred and effential rights of man : no lefs facred and effential is the right of felf-prefervation, the title we all have of guarding and preferving fafe our religion, our liberties, and our lives.

To give you my views in this matter, I imagine there are three diftin&t queftions to be confidered: 1. Whether Popery ought to be admitted to a foll and unlimited toleration in thete kingdoms? 2. Whether any alteration fhould be made in the prefent laws against Popery? and, 3. Whether a bill of the like nature with that which hath paffed for England, ought to be extended to Scotland?

1. Whether Popery ought to be admitted to a full and unlimited toleration in these kingdoms? I am very clear that it ought not. If Popery were merely a

religions

religious fyftem, it would be intitled to all the benefit of the most extenfive toleration. The rights of confcience are facred and unalienable. Every man muft think for himself; and no ftate hath right to deprive him of his religious liberty, or to punish him for ferving God according to his confcience. In these things Chriftians acknowledge none but one as their mafter, even Chrift. The Apoftles of our Lord claimed not to have dominion over the faith of Chriftians, but were only helpers of their joy; and if any ftate were to enforce the public faith upon the confciences of individuals, it would not only act iniquitously, but to no good purpose: it might well make men hypocrites, it would never make them true believers; for men can believe only as things appear to their own apprehenfions, not as they appear to the understandings of others; and it is evident that bonds and imprisonments can never enlighten the confcience, nor convince the mind. If Popery, then, were only a fyftem of religious doctrines, how. ever erroneous, it would be intitled to all the benefit of a full and unlimited toleration; for no man is to be fubjected to any kinds or degrees of civil penalties merely on account of his religious opinions. But Popery is not merely a corrupt and erroneous fyftem of doctrines; it is a most dangerous combination a gainft all the most facred rights and interefts of man. Befides thofe peculiar tenets which shake the foundations of fociety, which affume a fupremacy over the civil powers, and which free its votaries from the obligations both of civil and of divine authority, by maintaining this very principle, That error and herefy is to be extirpated by violence, it fhuts itfelf out from the full benefits of toleration, and obliges us, on the principles of felf-prefervation, to ftand on our guard against men whose tenets lead down to the chambers of blood. I hold, then, that Popery, being a dangerous confpiracy for the extirpation of all who oppofe her fuperftitions, is juftly excluded from the full privileges of that toleration which other forts of diffenters or heretics are intitled to.

2. A fecond queftion is, Whether any alteration fhould be made in the laws a gainst Popery?

And here I will declare, that if there are any kingdoms on the earth where laws are in force which cannot be exe

cuted without shocking all our ideas o humanity and equity, these laws ought to be repealed. In Popish countries fuch laws are a reproach to human na ture. In Proteftant countries, such law brand with infamy the pureft form of the Chriftian faith. There ought not, in wife and well-regulated ftate, any law to be endured but fuch as the voice o reafon and justice approves, and the hars of nature can carry into execution.

It is to no purpose to alledge, the thefe laws are kept only in terrorem. Me are not to be treated as children. Ar even the rod which the child knows never ufed, ceafes to be a terror: make it feared, it must be sometimes a plied, and never spared when there is cafion for it. Laws, therefore, whi are not executed, can have little ter in them. At the fame time there is t fecurity against them. Man fhould knë on what grounds he ftands. The la ought to mark out precisely where he in fafety, and where his danger begin But to have no other security but humanity of the times, is to live: mercy, and not under law. Lord B con obferves, that "certainty is fo fential to a law, that a law without cannot be just; for if the trumpet giv uncertain found, who fall prepare himse to the battle?" But if a law hath an ui certain execution, men are as unfafe if it had an uncertain fenfe." A la therefore, (he fays), ought to give war ing before it ftrikes; and it is a true m xim, That the beft law leaves leaft to t breaft of the judge." Again he obfervi that "the Prophet fays, I ball va nares upon them; but there are no wot fnares than the fnares of laws, especial the penal, which growing exceffive number, and useless through time, pré not a lantern, but nets to the feet."

It was faid, That fuch laws not bei executed, there is no hardship; no flows from their standing as they a But, befides the hardship of living mercy, it is not fo that no evil for from thefe laws; for though they be n executed against Papifts, yet by the men being excepted out of the act of te leration, they have no legal confideratio or capacity in the kingdom; and a thou fand confequences follow from thence a very hard and diftreffing nature. T law knows no fuch perfons; they canne fue, nor take by devife, nor execute truft of tutory or curatory; b.fides

particu

particular incapacities by ftatute, of fellng, purchafing, or inheriting. I am, therefore, fully of opinion, that all laws which ought not to be carried into efect, ought not to continue in force; and hat we ought to guard ourselves against he danger of Popery, by fuch wife and umane laws as might, and fhould, be trictly executed upon every the least vilation of them.

3. The laft thing to be confidered is, Whether a bill of the like nature with at which hath paffed in England, ought be extended to Scotland? And here own, that, from the first moment that aw the English bill, I was alarmed at confequences of an extenfion of it. We all know what a deep and fast hold prepoffeffions of education take of human mind. They are hardly ever be erased, because men cannot endure hear or to examine any thing that can advanced against them. This is, in a rticular manner, the cafe with all regious prepoffeffions; the mind avoids very thing that is contrary to them, as amething that is impious, and danger. as to their great and eternal interefts: nd unless men can be brought to look pon the truth, and examine it, they an neither perceive its excellence, nor e deformity of thofe errors they may are imbibed in their youth.

I need not take notice here, how affiduens those that are at under in any foety are to make profelytes, and to ring themfelves and their maxims into epute and confideration. I need not abferve, that the only fure way of propagating fuch notions as cannot bear the light, or ftand the test of reason and examination, is by fowing them in the early feafon of youth, and giving them the firit poffeffion of the mind. I would on ly obferve, that the education of youth is a truft of fuch importance, that, upon the fame principle that Popish priefts are authorifed to discharge this office, they may be equally admitted to every office and place of truft whatever in government. To form the minds of men is a truft of more importance than to direct the formation of roads: why may they not then, by an act of parliament, be nominated among his Majefty's juftices of peace? It is of more importance to establish in the mind the great principles of what is right and juft, than to enact laws for the prefervation of our rights, or to execute them upon the tranfgref

fors of them. Upon the fame grounds, then, that they are intrufted with the education of youth, they may be seated upon our benches of juftice, and returned members of parliament from our counties. I think our great safety againft the prevalence of Popery is, by keeping them out of all offices and places of truft whatever; and, out of this office and truft, in the first instance, the charge of educating the rifing generation. For that reason, I should not wish to fee a bill of the like nature with that which hath paffed in England, extended to this country; and, therefore, I move, "That, befides the general inftructions you give your Commiffion against Popery, you should give them particular inftruction to watch over the interests of the Proteftant religion; and, if any such bill fhould be brought into parliament, that the Commiffion fhould take every legal and conftitutional measure to prevent its paffing into a law."

[To be continued.]

Humanity to prisoners of war recommended. SIR, Edinburgh, March 29. 1779. HE intereft of the ftate makes it neTH ceffary to confine prisoners of war: humanity enjoins us to treat them with every indulgence confiftent with our own fafety, and the fecurity of their persons. As prifoners of war are feldom allowed to go at large upon their parole, they cannot go to market to purchase neceffaries of life with their daily allowance of money.

In fuch unhappy circumstances, it feems juft and proper that the market be allowed to go to them; by which means the prifoner will efcape the rapacity of contractors and commiffaries. I cannot avoid thinking, that every nation could, with fafety to itfelf, allow prifoners a reasonable indulgence in the essential articles of air and exercife. Sixpence a-day, a free market for neceffaries, and a proper allowance of fresh air and exercise, feem of themselves a tolerable fecurity against the escape of a French prifoner.

In place of a caftle or jail, let their place of refidence be in an entrenched camp. Good ufage will render a moderate guard fufficient. A flight iron ring about the ankle might be added, more as a badge than as fetters. The culture of the field would keep them in health, and its produce, in fundry vegetables, reward their labour. In fuch situation,

the