General Councils, with their most approved civilians and ecclefiaftics. This part of my argument has been lately placed in the moft convincing point of view by a well-known Popish writer of this city, who, while he attempts to prove, that Roman Catholics do not teach, "That faith is not to be kept with heretics," finds himself obliged to mutilate and falfify quotations in order to form his mot plaufible proofs. To take the oaths of Roman-Catholics as a fecurity for Proteftant ftates, is one of the greatest abfurdities; for the fecurity that fuch an oath gives being the very point in question, to take it, is to admit of the proof of a propofition by itself; which is equally inconfiftent with all the rules of juft reafoning and of common fenfe. The oath prefcribed in the ftatute repealing the penal statutes against Popery in England, and probably once defigned for Scotland also, is most unfortunately conceived, as it unites in itself both the extremes of defect and excefs [40. 323.]. This oath errs in defect; because, by making Roman-Catholics abjure the Papal difpenfing power only in certain inftances, it leaves the general operation of that very power to counteract thofe inftances themselves, in minds devoted to the church of Rome, and consequently subjected to the malign influences of Romish cafuiftry. This oath errs no lefs in excefs; becaufe no Roman-Catholic can take it, any more than a Mahometan can abjure the Coran, a Jew the five books of Mofes, or a Christian the New Teftament. If thofe who take this oath are Papifts, they muft perjure themselves: and if they are not Papifts, it is abfurd to propofe it to them.

I highly condemn, I deeply regret, the lawless mobs of this city and of Glafgow; yet it is proper to take care, that, while we prune the luxuriancies of a fpirit of liberty, we do not hurt its fmalleft bud. Nothing can be more injurious than to attribute, as many have done, thofe riotous proceedings to the legal and conftitutional opponents of the dreaded repeal, as they were truly owing to the promoters of it; for if it never had been propofed, it never could have occafioned a mob.

Permit me now, Sir, to make a few obfervations upon this important bufinefs, as it now lies before this Venerable Affembly in the two motions that have

been read. I cannot but highly approve of the first motion, and indulge myself in the pleafant hope, that it will be favoured with the unanimous approbation of this Houfe. I can never agree to treat the overtures of the Very Reverend Synods with the feverity propofed in the fecond motion, especially as it is not the doctrine, but the mode of procedure that they fuggeft, that offends even their warmeft opponents who have taken any part in this debate. I readily acknow ledge, that I was originally concerned in forming the overture that now lies upon the table, by appointment of the Very Reverend Synod whereof I have the ho nour to be a member; and that when it ̧ was formed, I confidered a standing committee as preferable, on many accounts, to the ordinary commiffion of the general affembly of this church. The commiffion can fcarcely ever be a proper representation of the church of Scotland, efpecially when called on any fudden emergency, and in the winter-season, becaufe of the diftant fituations of many members, and the great inconveniencies and expences travelling exposes them to I do not fay, that a commiffion was ever packed; but furely few courts are more liable to be fo, as it muft generally be formed chiefly of such members as refide in or near this metropolis, and are mo experienced and active in political operations and addrefs. The commiffion has feldom met for many years paft; and, when it cannot be formed to the goodliking of either the one or the other par ty in any question, they generally need only to abient themselves, in order to prevent a quorum, and fo ftop proce dure. This was probably the cafe la year, after many members of the general affembly had been, there is reafon ta think, not a little influenced by their confidence in the commiffion; an event that contributed not a little to the fuc ceeding alarms, and to the prefent debate and anxiety. Nothing could be more eafy for the friends of the repeal, or alteration, of the laws against Popery, than to introduce their plan into parlisment between the meetings of the com miffion in November and March, or be tween thofe of March and of the general affembly, the common feafon of parlia mentary bufinefs, which would unavoid ably elude all oppofition from the church of Scotland, at least before such a plan fhould be enacted. Yet I readily relign

the

the measure of a standing committee, cafions, but especially on the prefent moft and leave the bufinefs to the commif- interefting question. fion, if, as is well provided by the first motion, the Moderator of the commiffion fhall be empowered and appointed to call a meeting at the defire of any ten members thereof, and as often as they shall fee caufe; and if the meafure of a standing committee fhall be allowed to die in decency and peace. Another very obvious, and, in my humble opinion, nanfwerable objection to the fecond motion, is, that, by taking the general alarms, and prefent times, for its chief, fnot only ground, it throws the natually dangerous and pernicious tendency of the repeal or alteration of the laws apaint Popery, entirely out of the quetion; and does more than infinuate, hat the contrary doctrine is true, and hat the defign may be very properly put n execution at some future, and, it may se, not very diftant period. The only ther objection that I fhall now make to he fecond motion is, that, by thus bunding itfelf upon the alarms of the eople, it tends directly not to quiet, put to continue them, as being the only means that has hitherto prevented, or an prevent in future, the repeal or alteation fo greatly dreaded.

I cannot agree either with thofe members who have called to vote, Firfi or Sebond motion ? or with the Reverend and very refpectable member near me, who has juft now proposed to appoint a committee to prepare the bufinefs for tomorrow's federunt; because I would endeavour, by all means, to prevent a divifion of the Houfe, upon a question of fuch vaft and extenfive importance; and our minds are too much agitated, our hearts are too much engaged, to expect, that any committee could poffibly give univerfal fatisfaction, or even prevent the painful renewal of the debate. I, therefore, humbly beg leave to move, That this Venerable Affembly will be pleafed, either to proceed juft now to confider the first motion by itself, as having clearly the right of precedence, or to adjourn till to-morrow for this purpofe; not doubting but that, in either cafe, a debate, that has been conducted with the greatest candour and good temper, will be terminated with that unanimity that is fo neceffary, and fo much to be defired, in order to give to the decisions of this Venerable Affembly their greatest weight and influence on all ocVOL. XLI.

Dr Webfter congratulated the Assembly on the propriety and temper with which the debate had been carried on, so much to the honour of the fpeakers, and fo becoming the importance of the fubject. He obferved, that as all of them had expreffed the fame warm attachment to the Proteftant intereft, he could entertain no doubt of their concurring in the moft proper conftitutional measures for preventing the growth of Popery, and its baneful influence. He reprefented, on the one hand, the dangerous confequences fhould the Houfe divide; and, on the other, the happy effects their unanimity would neceffarily have, by allaying the fears of the people, and quenching that flame which had been blown up, by miftaken or defigning men, to an alarming height. He appealed to experience, and mentioned the unhappy divifions among the minifters of this church and their people in the year 1738, occafioned merely by their different fen timents with respect to their reading an act concerning the death of Capt. Porteous; divifions and breaches fo wide that forty years have fcarce been able to repair. The question was imply this, "Whether that act should be read from the pulpits?" Though, doubtlefs, good men might have taken either fide of this question, without meriting praise, or juftly incurring blame; yet those who did not read that act were admired and careffed, while those who complied with the order were defpifed, their churches deferted, their characters reviled, and their perfons abused. All this, (faid he), and very poffibly fomething more direful, might follow upon a divifion refpe&ting the queftion now at iffue. He added, Be this as it may, that nothing could' be more contrary to wifdom and prudence, than to quarrel about the overtures now under confideration, the first propofed by Dr Macfarlane, the fecond by Principal Robertson, when it was obvious, that the great lines of thefe overtures were one and the fame, and wherein they differed might be easily adjusted.

- He had proposed to name a committee to confider these overtures, and report to-morrow the refolution they judged proper for the Affembly; but feveral members, and particularly the latt fpeaker, having objected to this appointment, as it might renew the whole de3 Q

bate

bate next day, he pointed out fome variations he thought fhould be made on the first overture; which, being confidered by the Affembly, were agreed to, and the overture [279.] adopted without

a vote.

Anecdote of the late Duke of Newcastle.

When the late Duke of Newcastle was at the head of the Treasury, a perfon who (as it is phrated) lived upon his wits, and not being of the moft timid difpofition, took it into his head to make application to the Duke, and under the character of a reduced gentleman, endeavour to raise the wind. He according ly one day went to his Grace's houfe, and enquired for the Duke, telling at the fame time to the porter he had bufinefs of the greatest confequence to relate. The porter informed him, that, previous to his feeing the Duke, he muft leave his name, and call next day; as it was ufual, not only for him, but every gentleman, be he whom he would, to conform to that custom, as ftrangers were never admitted to his Grace till that was complied with. To which he replied, that his bufinefs was of fuch a nature, that it was abfolutely neceffary to do it direaly; and begged that the Duke might be fo informed. His Grace happening to hear this converfation, gave orders for the perfon to be admitted; which being immediately complied with, the Duke afked him his business. The perfon answered, that he was a relation of his Grace's, and, through unavoidable misfortunes, was fo much reduced in his circumstances, that he was neceffitated to make application for his Grace's bounty, in order to keep up the character of a gentleman, and, from his Grace's known generofity, he had been thus bold in his folicitations. He was asked by the Duke his name: to which he replied, he fuppofed his name was unknown to his Grace, but that the relationship Sprung from Adam, as all mankind were defcended from Adam and Eve. "Well, (rejoined the Duke), as you have proved to a demonftration that you are a relation of mine, I will relieve you;" and immediately gave him one penny; obferving, at the fame time, that if the reft of his brothers and fillers would fubfcribe as liberally, he would foon be a much richer perfon than the Duke of Newcaftle.

Adm. Pallifer's trial, continued. [419.]

After the examination of Adm. Keppel was clofed, Adm. Campbell, who acted as firft captain to Adm. Keppel, was called. He was defired to give an account of the pofition of the Vice-Admiral of the Blue on the morning of the 27th of July, and of his proceedings till he came into action. A. He was confiderably farther to leeward than he had been at the clofe of the preceding day; fo much fo as surprised him and the other officers that were on the Victo ry's deck.-Q. Did it appear to you that Sir Hugh Pallifer did all in his power to bring the Formidable into action on that day? A. I believe he did.-Q. Did it appear to you, that, during the engagement, he behaved as became an of ficer of his rank and ftation in the fleet? A. I believe he did. —Q. Were any fig nals made by Adm. Keppel upon the Victory's coming out of action? A. Yes. The fignal to wear was made about ten minutes after the firing ceased; in leb than a quarter of an hour the Victory wore; and then the signal was hoisted for the line of battle a-head. — Q. Did the Vice Admiral repeat or obey the fignals? A. I never faw the Vice-Admiral repeat or obey the fignal for the line of battle the whole day.-Q. Were any o ther means made ufe of to convey orders to the Formidable? A. The Fox was fent with directions for her coming down with the fhips of the Blue divifion, the Admiral only waited for that to re new the action with the French fleet. — Q. Did it appear to you that the Fox joined the Formidable with thofe orders? and when? A. It was about five when the fignal for the Fox was made, and it might be half an hour after when the orders were delivered he could not be precife as to time.-Q. Did Sir Hugh Pallifer fignify to the Admiral his incrpacity to obey the fignals which were made, or the orders that were fent him A. He did not.-Q. Did you yourself perceive any difability in the Formi dable to obey thofe fignals or order? A. No. My fear was that it proceeded from the Vice-Admiral's being wounded, not from the fhip's being difabled becaufe, if it had, it readily occurred, that he would either have informed the commanding officer, or have fhifted bin flag on board fome other fhip, both of which be had in his power.-Q. Did