$3. OFFENCES AGAINST POPERY. Capitally congregations from paying tithes, or other parochial duties, to the church or minifter of the parish in which they re fide b." FROM the history of the Reformation, as well as of the Re volution, it is eafy to fee how a terror of popery came to be incorporated into our laws and conftitution. Under an agreeable and fascinating exterior, it had been felt, by our forefathers, to be inconfiftent with the well being of society, fubverfive at once of the morals of the people, and of the established laws and government. Severe ftatutes were punishable. therefore enacted againft papifts, as a political party, hoftile to the ftate, and were continued against them, as being ren dered, by their religion, incapable to give the magiftrate any reafonable fecurity for their obedience. Hence, persons re conciled to the pope or fee of Rome; defending the pope's jurifdiction in this realm, if a perfon be twice convicted thereof; popish priefts, born within the dominions of the crown, coming over hither from beyond feas; or tarrying here three days without conformity to the church ;" profeffed jefuits, or feminary priests, apprehended within this realm, and all wilful hearers of mafs, and concealers of the fame, were capitally punishable. The "importing, vending, or difperfing of popish books; the endeavouring to Leffer pu- perfuade any perfon to decline from the true faith; the renishments. fetting of any jefuit, feminary priest, or trafficking papift, (which laft alfo was treafon at one time;) are punishable with fine, banishment, or efcheat of moveables; and rewards are offered to fuch as fhall inform against delin b 10 Anne c. 7, § 4. c See Vol. I, p. 342. d 1587, c. 24; 1592, c. 122; 1594, c. 196; 1600, c. 18; 1607, c. 15 1609, c. 5. Hence, as late as the 11th March 1755, the petition of` Alexander M'Donald, for bail, was refufed, on the ground that the fay ing of mafs, which is confeffed in the petition, is not within the privileges of that relief. (Hume Crim. Law, Vol. II, p. 536. OFFENCES RELIGION -POPERY, quents. These penal enactments were all ratified by § 3. the act 1703, c. 3; and it was farther provided, that any AGAINST perfon who laboured under the repute of being a jefuit, Y. prieft, or trafficking prieft, or who was proved to have changed his name or furname, might be called upon to purge himself of the fufpicion of popery, by taking the formula prefcribed by the ftatute; and his refufal fo to do was a fufficient warrant to the privy council; and now, under the 12th Anne, c. 14, to the court of jufticiary, for banishing him forth of the realm, never to return. PROFESSED or known papists were debarred from granting gratuitous deeds to the prejudice of their heirs; and alfo from purchafing by voluntary difpofition any heritable right, either in their own name or that of third perfons . BUT, by the statute 33 Geo. III, c. 44, the pains, penal- Removal of the pains ties, difabilities, and restrictions, are removed from thofe and difabiRoman catholics who are willing to comply with that fta- lities. tute, by taking an oath agreeable to the formula therein. prefcribed, which goes not to the renunciation of the popith religion, but of fuch popish doctrines as appear less confiftent with the well being of fociety and civil liberty. On taking this oath, they are relieved from all difabilities impofed or ratified by the act of the 8 and 9 of the first par liament of king William, as fully and effectually, to all intents and purposes whatfoever, as if fuch perfons had actually made the tenunciation of popery ordained by that ftatute, and according to its formula 4. ર 1587, c. 24; 1592, c. 122; 1600, c. 18; 1700, c. 3. 1695, c. 26. с 1700, c. 3. d Formula required to be taken by the ftat. 33 Geo. III, c. 44, by catholics, which relieves them "I A. B. do hereby declare, that I $3. OFFENCES AGAINST POPERY, THIS oath may be taken by every perfon "profeffing the Roman catholic religion, within that part of Great Britain "and fwear, that I will be faithful "article of my faith, and that I do and bear true allegiance to his ma-," renounce, reject, and abjure the "jefty king George the third, and opinion, that princes excommuni"him will defend, to the utmost of "cated by the pope and council, or my power against all confpiracies "and attempts whatever, that shall "be made against his perfon, crown, "or dignity; and I will do my utmost "endeavour to difclofe and make "known to his majefty, his heirs and "fucceffors, all treafons and traitorous confpiracies which may be formed against him or them: And I do 66 any authority whatsoever, may be "depofed or murdered by their fub"jects, or any perfon whatfoever; " and I do promife, that I will not hold, maintain, or abet any fuch opinion, or any other opinion con"trary to what is expreffed in this "declaration: And I do declare, that "I do not believe that the pope of "Rome, or any other foreign prince, prelate, ftate, or potentate, hath, or "ought to have, any temporal or « civil jurisdiction, power, fuperior. "ity, or pre-eminence, directly or in directly, within this realm: And I "do folemnly, in the prefence of God, 'profefs, teftify, and declare, that I "do make this declaration, and every "part thereof, in the plain and ordi. 66 nary fenfe of the words of this oath, "without any evaflon, equivocation, "or mental refervation whatever, "and without any difpenfation al. faithfully promife to maintain, fup- 'ready granted by the pope, or any "authority of the fee of Rome, or " any perfon whatever, and without "thinking that I am, or can be, ac"quitted before God or man, or ab"folved of this declaration, or any 66 part thereof, although the pope, or any other perfon, or authority what«foever, fhall difpenfe with, or annul "the fame, and declare that it was " null or void. So help me God." $3. OFFENCES POPERY. oath. called Scotland, being of the age of fifteen years and upwards, before the fheriff, or stewart-depute or fubftitute of the fhire or ftewartry, or before any two or more justices of RELIGION the peace for the county, fhire, or stewardry, where the party fhall refide" and the faid officers are directed within thirty who may days after the last day of December every year, " to deliver take the into the office of the sheriff-clerk of the county or stewartry, in which the party shall have taken the said oath, a true and perfect lift of the perfons who fhall in the preceding year have taken the faid oath of allegiance, abjuration, and declaration, before them, in manner aforefaid; and that, in every fuch lift, the quality, condition, title, and place of abode, of each perfon who fhall have taken and subscribed the faid oath of allegiance, abjuration, and declaration, within the preceding year, fhall be fully and clearly expreffed, and fuch officers fhall refpectively give to any person who fhall take and fubfcribe the faid oath, abjuration, and declaration, at the time of the taking and fubfcribing thereof, or at any other time or times, until the lift or register fhall have been delivered or tranfmitted to the fheriff-clerk's office, a full certificate of his or her having taken the said oath, and of the day on which the fame fhall have been taken; for which certificate there fhall be paid no greater fee or reward than one fhilling fterling, and every fuch certificate fhall be figned by the officer giving the fame, and fhall be granted upon the fame terms to any other perfon or perfons who fhall demand the fame, and, every fuch certificate, being fo figned, fhall be evidence of the taking fuch oath in all courts of justice within that part of Great Britain called Scotland, to and for all intents and purposes whatsoever." Sheriffclerks are to make entries of lifts delivered them, which may be infpected, and copies required on payment of one shilling fterling for every entry, which fhall be paid the clerks for d33 Geo. III, c. 44, § 4. $3. OFFENCES AGAINST RELIGION POPERY. their trouble in keeping the faid books. Office-copies of fuch entries to be evidence *. THE ftatute, however, provides, that "nothing in this act fhall extend to enable any perfon profeffing the Roman catholic religion in Scotland, to be governor, chaplain, pedagogue, teacher, tutor or curator, chamberlain or factor, to any child or children of protestant parents, or to be otherwise employed in their education, or the truft or management of their affairs, or to be fchoolmafter, profeffor, or public teacher of any fcience to any perfon or perfons whomfoever, within that part of the kingdom of Great Britain called Scotland. And Roman catholics cannot fit in either houfe of parlia ment, or vote at an election of a member of parliament; • Ibid. § 6. This act (in 1) takes notice of the ftatute that had been paffed for England, 31 Geo. III, c. 32; and then narrates that it is now found expedient that one common form of oath, abjuration, and declaration, fhall be taken and subscribed by Roman catholics throughout the whole united kingdom of Great Britain; and " that " similar advantages shall be annexed "to the taking and subscribing the "fame:" therefore it relieves them from the penalties contained in the act of William.... In the English act, it is expressly provided that no religious order shall be established; and every endowment of a school or college by a Roman catholic fhall fill be fuperftitious and unlawful. No fuch clause is in the Scottish act refpecting religious orders. 8 By the 22d article of the treaty of Union, it is inter alia provided, that the 16 peers and 45 members in the house of commons for Scotland, “be named and chofen in such manner as by a fubfequent act in this prefent feffion of parliament in Scotland shall be fettled; which act is hereby declared to be as valid as if it were a part of and ingroffed in the faid trea ty." And, in pursuance of this article in the treaty of Union, the act 1707, c. 8, was paffed in the last feffion of the parliament of Scotland. It is intitled," act fettling the manner of electing the 16 peers and 45 commoners, to reprefent Scotland in the parliament of Great Britain;" and inter alia contains the following claufe: "It is always hereby expressly previded and declared, that rone fhail be capable to elect or be elected, for any of the faid eftates, but such as are 21 years of age complete, and proteftant, excluding all papifts, or who being fulpected as fuch, being required, refule to fwear and fubfcribe the formula |