LXXXV. 4.

The Act passed in the year 1793, for the relief of the Scottish Catholics.

AN act passed by the parliament of Scotland, in the 8th and 9th years of king William, imposed many penalties and disabilities on the catholics of that kingdom, who should not take and subscribe the oath and declaration which it prescribed. The oath and declaration soon became generally known in Scotland by the appellation of The Formula. It is expressed in the following terms :

“I, do sincerely, from my heart, profess and declare, before God, who searcheth "the heart, that I do deny, disown, and abhor, "these tenets and doctrines of the papal Romish “ church,—viz.—The supremacy of the pope and "bishop of Rome, over all pastors of the catholic "church; his power and authority over kings, princes, and states, and the infallibility that he 'pretends to, either without or with a general "council; his power of dispensing and pardoning; "the doctrine of transubstantiation, and the corporal presence with the communion, without the in the sacrament of the Lord's supper; the "adoration and sacrifice professed and practised "by the popish church in the mass; the invocation " of angels and saints; the worshipping of images, "crosses and relics; the doctrine of supererogation, "indulgences, and purgatory; and the service and worship in an unknown tongue: all which tenets

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cup,

"and doctrines of the said church, I believe to be

contrary to and inconsistent with the written "word of God; and I do, from my heart, deny, "disown, and disclaim the said doctrines and tenets "of the church of Rome, as in the presence of God, "without equivocation or mental reservation, but " according to the known and plain meaning of the "words, as to me offered and proposed. So help (6 me God."

It has been mentioned in a former part of this work, that the act passed in 1778, for the relief of the English catholics, did not extend to the catholics in Scotland; neither did the repealing act of 1791 extend to them. But, on Monday the 22d of April 1793, the lord advocate of Scotland stated, in the house of commons, that, "his ma"jesty's catholic subjects in Scotland were then incapacitated by law, either from holding or "transmitting landed property, and were liable to "other very severe restrictions, which could not "then be justified by any necessity or expediency." He therefore moved, "That leave should be given "to bring in a bill to relieve persons professing "the roman-catholic religion from certain penalties " and disabilities imposed on them by acts of par"liament in Scotland, and particularly by an act "of the 8th of king William."

On the following day, the lord advocate proeeeded to observe, that the "roman-catholics of "Scotland laboured under many hardships and "disabilities on account of their adherence to "their religion. By one law, an oath, called a

"formula, or solemn declaration, was imposed upon them, which they could not take, without "renouncing the religion which they professed; " and that if they refused to take it, their nearest "protestant relation might deprive them of their "estates." His lordship stated, that, "it was repugnant to justice and humanity, that a subject "should be deprived of his estate, for no other "reason than that he professed the religion most agreeable to his judgment and his conscience;

or that he should be placed in the wretched "situation of holding his estates at the mercy of

any protestant relation, who might be profligate "enough to strip him of it, by enforcing this penal "law. The liberality, which had induced the "house the last year, and, on a former occasion, "to grant relief to the roman-catholics of England, "would, he was persuaded, induce them to extend "relief also to the roman-catholics of Scotland, "whose loyalty and conduct gave them an equal "claim to the indulgence of the legislature. He "admitted that the particular law, to which he "referred, was too odious to be often carried into "execution; but, if it was not fit that it should be "executed at all, it ought not to be suffered to "remain, merely as a temptation to the profligate "to strip honest and meritorious people of their property." He said, he was extremely sorry to inform the committee," that there was, at that moment, a suit actually depending in the courts "of law in Scotland, founded on this particular

"able and amiable in character as any man in this " or any other kingdom, was possessed of an estate "of 1,000l. a year, which had been in his family "for at least a century and a half; this gentleman, "loved and respected by all who knew him, was "now on the point of being stripped of his pro

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perty by a relation, who could have no other "shadow of claim to it than that which he might "derive from this penal law, which he was en

deavouring rigidly to enforce. In the courts, as "much delay as possible was thrown in his way; "but it was to be feared that he must succeed at last, and reduce to beggary a gentleman in every

respect a most meritorious subject. If it was too "late to save him from such a misfortune, the

legislature, he trusted, would interpose, and take "care that he should be the last victim to a cruel "law, and that it should never operate in future to "the destruction of any other person; for surely "it was no longer to be endured, that a man "should be placed in the horrid situation of either "renouncing the religion of his heart, or by ad

hering to it conscientiously, forfeit all his worldly "substance." His lordship concluded by moving, "That the chairman should be directed to move "the house for leave to bring in a bill requiring "an oath of abjuration and declaration from his "majesty's roman-catholic subjects in that part of "Great Britain called Scotland."

Colonel Macleod having declared his ready concurrence in the measure proposed, the question was unanimously carried; and the bill having

passed through all its stages without opposition, it received, in due course, the confirming sanctions of the other branches of the legislature*.

LXXXV. 5.

Some Observations on the Oath, for the relief of the Scottish Catholics.

THE preamble to this act is very remarkable:-it is expressed in the following terms:

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"Whereas by an act of the parliament of Scotland, made in the 8th and 9th sessions of "the first parliament of his late majesty king "William the third, (intituled, an act for pre"venting the growth of popery,') several penalties "and disabilities are imposed upon all persons

professing the roman-catholic religion, within “that part of the kingdom of Great Britain called Scotland, who shall refuse to make a renunciation of popery, according to the formula thereunto

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subjoined, in the manner therein expressed: And "whereas the rigour of the aforesaid act, at the "time of its passing, was chiefly judged expedient, "in order to preserve the government against the attempts of efforts of those persons, who then did, "or were supposed to acknowledge, the temporal superiority or power of the pope, or see of Rome, "over that part of the realm of Great Britain "called Scotland, which is contrary to, and incon"sistent with, the allegiance of the subjects of the "said realm: And whereas the aforesaid formula

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