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and liberal policy; and the charges of bigotry and intolerance, have been preferred against the church of Scotland, for that opposition, feeble indeed it was, which she made to them, by writers, who either were, or ought to have been better informed upon the subject. The framers and the supporters of these measures, so far from being men of liberal views, and tender of the rights of conscience, were the veriest bigots ever intrusted with the powers of legislation; and at the very time, when, under the pretence of relieving conscience, they were paving the way for restoring the reign of tyranny, civil and religious, in Scotland, they were doing the same thing in England, by imposing new and unheard of restraints upon the exercise of that sacred principle. They passed "An act for preserving the protestant religion, by better securing the church, and for confirming the toleration granted to protestant dissenters, by the act exempting them from the penalties of certain laws, and for supplying the defects thereof," &c. &c.; an act, the whole tenor and spirit of which, are, a flat contradiction to its professed purpose; an act which has ever since been a dead weight upon religious liberty in England, and even in our own day, if we mistake not, has given occasion for acts of gross oppression. As their schemes were more matured, they advanced to more bold and more effective expedients, and two years after this, passed "An act, to prevent the growth of schism," which a historian, not remarkable for free speaking, characterizes, as "the most violent infringement. upon liberty of conscience, recorded in the annals of parliament.' The object of this act, like all of the same kind, that had gone before it, was, not only to retrench the political influence of the dissenters, by giving more certain effect to the laws that had already been framed for that purpose, but at once to extinguish their principles, by rendering them incapable of taking any active part in the education of youth.

"#

It was to no purpose to object to this bill, its barbarity, in interfering with one of the first principles of nature, the right of parents to educate their own children; its cruelty, in de

Sommerville's History of Great Britain during the reign of Queen Anne,

p. 560.

priving many respectable individuals of the only means of subsistence; and its wickedness and absurdity, as tending to the spread of ignorance and irreligion, protestant dissenters, being, in many places, not only the most successful, but the alone teachers of youth. This was indeed, what constituted their offence. They had multiplied schools, and by their sobriety and diligence, while they were active in diffusing the principles of general knowledge, recommended to the world those more free and philosophic views and principles by which they were actuated. These views and principles, have, in every age, and in every country where they have appeared, been the terror of ignorant and corrupt governors; and to the friends of high church and James, they were at this time peculiarly obnoxious. Every nerve was therefore strained to carry a measure which had so great an object, as their suppression in view, and the results of which, were considered so promising. The more rigorous clauses were opposed in the cabinet by lord Oxford, and on the day of its final decision, he absented himself from the house; but it was carried in the house of commons, by two hundred and thirtyseven voices, against one hundred and twenty-six. In the house of lords, it had only a majority of eight. On the day fixed for its commencement, however, the queen died, its execution was suspended, and it remained a dead letter on the statute book, till the year 1718, when it was repealed. The Scotish acts, have not to this day, except very partially, and in some minor points, been repealed; but in the progress of our history, though they originated in bigotry and ignorance of the worst kind, we shall find that they have some of them at least, so far from answering their original intention, promoted in a high degree, the best interests of liberty and religion.

The men who projected these measures, as well as those who principally supported them, were all known Jacobites. The bill for preventing the growth of schism, was brought in by Sir William Windham, and specially supported by secretary Bromley; and Lockhart of Carnwath, claims the

Memoirs of Queen Anne, &c. &c. p. 297. Sommerville's History of Great Britain, &c. p. 561.

honour of being the prime agent in all those measures, that have so materially affected the church of Scotland, for which. his avowed motive was, to discredit the Union, and to render it so intolerable to the Scotish people in general, that they; might be willing to run all hazards, even to the length of restoring the Stuarts, in order to have it dissolved*. They had also the address, even previously to these legal and orderly advances towards their object, to have a gratuity bestowed upon the clans, and, under the pretence of rendering them serviceable to the queen, having them trained to the use of arms, of which great quantities were clandestinely carried into the Highlands, and cautiously distributed among those only, who were known to be enemies to the religion and liberties of the country.+

Finding the labours of their deputation to London fruitless, or rather productive of additional mischief-for the abjuration attached to the toleration bill was ascribed by the Jacobites,

"As my chief, my only design, by engaging in public affairs, was to serve the king, so far as I was capable, I had that always primarily in my view; and at the same time, I was very desirous, when a proper occasion happened, that the Scots nation should have the honour of appearing as unanimously as possible for him; and in order to prepare those, who, I knew, would not assist the king, out of a principle of loyalty, (I mean the west country presbyterians,) for receiving impressions, that might prevail with them on other topics, I had, in concert with Dr. Abercromby, been at a good deal of pains, to publish and disperse amongst these people, papers which gave from time to time, full accounts of what were likely to be the consequences of the Union, and showed how impossible it was for the Scots to subsist under it. And I pressed the toleration and patronage acts more earnestly, that I thought the presbyterian clergy, would be from thence convinced, that the establishment of their kirk, would in time be overturned, as it was obvious, that the security thereof, was not so thoroughly established by the Union, as they imagined; and I believed this affair of the malt tax, as it touched every man's copyhold, and was a general grievance, would be the best handle to inflame and keep up the spirit and resentment of the Scots against the Union, the effects whereof, (from the disposition that I observed of the people, towards the king, about the time of the designed invasion, 1708, which in many, was then chiefly occasioned by their fresh indignation at the Union, though the same began now to cool, which is commonly the fate of all reduced, and accustomed to slavery,) I did conclude, would certainly tend to advance the king's interest" Lockhart Papers, vol. i. pp. 417, 418.

+ Rae's History of the Rebellion, p. 40.

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who could not take it, to the officious intermeddling of Mr. Carstairs, and the recognition of "the lords spiritual," in their petition to the peers, gave great offence to some of the severer presbyterians-the commission of the general assembly, agreed, on their meeting at Edinburgh, in the month of March, immediately after the passing of the bill, as the last resource, to address the queen for relief, which they did in manner following:-" May it please your majesty. Upon notice we had of a bill depending in parliament, intitled, A bill to prevent the disturbing of those of the episcopal communion in Scotland, in the exercise of their religious worship, and in the use of the liturgy of the church of England; we in all humility, presumed to address your majesty, for the preservation of our present establishment, as secured to us by law, and for preventing the inconveniences that might ensue on the foresaid toleration, at the passing whereof thereafter, in both houses of parliament, we cannot but be deeply affected.

"But now that by the foresaid bill, the oath of abjuration, enacted for the better security of your majesty's person and government, and the establishment of the succession to the crown in the protestant line, is appointed to be taken by all ministers, we do, in most humble duty, truly and sincerely own and acknowledge, that your majesty is lawful and rightful queen of this realm, and of all your other dominions and countries thereunto belonging: and do solemnly and sincerely declare, that we do believe the person pretended to be the prince of Wales, during the life of the late king James, and since his decease pretending to be and taking upon himself the style and title of king of England, by the name of James the eighth, or the style and title of king of Great Britain, hath not any right or title whatsoever to the crown of this realm, or any other of the dominions thereunto belonging; and we do most heartily renounce and refuse any allegiance or obedience to him; and we withal, solemnly and sincerely profess, that we will bear faith and true allegiance to your majesty, in all duties and occasions whatsomever, that can be incumbent on us. And further, we do faithfully promise to the utmost of our power to support, maintain, and defend the succession of the crown in the protestant line against the said

pretender, and all other persons whatsoever, understanding the foresaid oath of abjuration in the fullest sense wherein it can be understood, to renounce and disclaim any right that the said pretender can claim to your foresaid dominions; and, in the plain sense of the words, in so far as the said oath, and the acts to which it refers, settles and entails the succession of the crown of these dominions, for default of issue of your majesty, on the princess Sophia, electress dutchess dowager of Hanover, and the heirs of her body being pro

testants.

"But seeing we cannot dissemble with your majesty, that there remains a scruple with many, as if the conditions mentioned in the acts of parliament, establishing the succession, referred to by the said oath, were to be understood as a part thereof, and that to swear to something in these conditions, seems not consistent with our known principles. And that it is expressly declared and statuted, by the treaty and articles of Union, and the acts of parliament of both kingdoms ratifying the same, that none of the subjects of Scotland shall be liable to, but all and every one of them for ever free, of any oath, test, or subscription, within Scotland, contrary to, or inconsistent with our present presbyterian church establishment; we, in the most humble and dutiful manner, most earnestly beseech and obtest, that this, our address and representation, and most sincere declarations therein contained, may be graciously accepted by your majesty, without respect to the foresaid conditions scrupled at, as the just and true signification of our allegiance and duty, and our sense of the foresaid oath and engagement, to prevent all mistakes and misrepresentations that possibly we may be liable to in this matter." &c. &c.*

Much has been said of the rebellious genius, and the intractable spirit of presbytery. This address, however, will, we should suppose, appear to men of all parties sufficiently submissive. Unfortunately too, the addressers could derive no benefit from it, but by the queen assuming that dispensing power, the exercise of which had been one of the most aggra

* Printed Acts of Assembly, 1712.

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