Page images
PDF
EPUB

100

Review of New Publications.

lowing claufe relating to the liberty to be granted to the Roman-Catholics of Canada of profeffing the worship of their religion.

His Britannic Majefty, on bis fide, agrees to grant the liberty of the Catholic religion to the inhabitants of Canada. He will confequently give the mft effectual orders that bis new Roman-Catholic fubjects may profess the worship of their religion according to the rites of the Romish Church, as far as the laws of Great Britain permit."

This claufe, we fee, makes no mention of tithes; nor does it afford the least ground for an inference that the legal obligation to pay them was intended to be revived. It only gives the Canadians an affurance that they may profefs the worship of the Roman-Catholic religion fo far as the laws of GreatBritain permit. This expreffion, profefs the worship of their religion, is rather an odd one. But I think it ought to be interpreted liberally, fo as to mean, to profefs the doctrines, and prattice, or perform, the worship, of their religion. Now this may be done without a compulfive obligation to pay the priests their tithes. This obligation therefore remained in the fame condition after the ratification of this article of the treaty of peace as it was before, that is, it continued to be fufpended till his Majefty's pleature should be known upon the fubject, which never was declared till the paffing of the late Quebec act. It ought not therefore to have been afferted by the defenders of that act that the Parliament was bound, either by the capituIation or the treaty of peace, to revive this obligation of paying the priests their tithes.

It has also been affirmed by the writers who have undertaken to defend the late Quebec act, that, in granting to the Canadians a capacity to hold places of truft and profit without taking the ufual Proteftant tefls, the Parliament has done no more than it was bound to do by the aforefaid capitulation and treaty of peace. But this affertion may be eafily fhewn to be as erroneous as the for

mer.

For, in the first place, the capitulation fays nothing at all upon the fubject, but (as we have feen) provides only for the free exercife of the Romish religion in Canada, without a compulfory obligation to pay tithes, that is, in other, words, for a toleration of that religion. But this free exercise, or toleration, of that religion, may, it is evident, be enjoyed without a capacity of holding places of trust and profit, as a like toleration is enjoyed here in England by Quakers and fuch others of the Proteftant Diffenters as comply with the conditions of the tolerationact. Therefore the capitulation did not require that this capacity of holding places of truft and profit should be granted to the Roman-Catholics of Canada.

In the next place, therefore, let us examine the foregoing claufe of the treaty of

Feb.

peace. Now here we find a reference to the Jaws of England in the concluding words of it, namely, as far as the laws of Great Britain permit.

To know how far this permiffion extends, we must enquire whether any of the laws of England which relate to the RomanCatholic religion extend to the cut-lying dominions of the Crown that lie without the realm. Now, upon making this enquiry, we shall find that, though most of the penal and difqualifying ftatutes paffed against the profeffors of the Romish religion relate only to England and Wales, yet the act of the aft of Queen Elizabeth, chap. 1. which is intitled, "An act to restore to the Crown the antient jurifdiction over the ftate ecclefiaftical and spiritual, and abolishing all foreign powers repugnant to the jame," monly called the Act of Supremacy, does exprefsly relate to all the Queen's dominions as well as to the realm of England, and is even extended by pofitive words to fuch countries and places as fhould at any future time become fubject to the Crown of England.

and which is com

This ftatute feems, from the whole complexion of it, as well as from the - pofitive words, your Majefty's dominions that bereafter fhall be, to have been confidered, by the legislature that paffed it, as an indif penfable part of the general policy of the English government, and to have been intended to take place in every country that either then made, or fhould thereafter make, a part of the dominions of the Crown of England.

The reftrictions therefore of this ftatute are those to which we must fuppofe the fore going article in the treaty of peace to refer, by the words, as far as the laws of GreatBritain permit. And confequently the British nation is bound by that article to grant to the Canadians the liberty of profeffing the worship of the Roman Catholic religion only fo far as is confiftent with that ftatute: and this ftatute must be deemed to have been in force in Canada from the time of ratifying the faid treaty of peace in February, 1763, by its own virtue and operation, without the help of the King's proclamation in October, 1763, which introduced the reft of the laws of England, or of the King's commiffions of governor of the province of Quebec given to General Murray and General Carleton, by which they were directed to require from every member both of the council and the affembly (as foon as there fhould be one) that they fhould take the oath of abjuration of the Pope's authority and fubfcribe the declaration against tranfubftantiation before he was permitted to take his feat. And it must be deemed to have continued in force in the province till the late act of parliament, which, at the fame time that it recognizes it as being in force by virtue of the aforefaid words of refervation in the treaty of

peace

1776.

Review of New Publications.

peace, makes a confiderable alteration in

it.

I have one thing more to obferve, before I quit this fubject, concerning the legal obligation of paying tithes to the Romish clergy in the province of Quebec, which fome perfons have afferted to have all along fubfifted in the province ever fince the conqueft of it, or at leaft till the general introduction of the laws of England into it by the proclamation of October, 1763, and the King's commiffions to his governors. The obfervation I mean to make here upon this matter is, that the faid affertion is fo far from being true, that, before the faid proclamation was published; the Roman-Catholic priefts of Canada were doubly excluded from their legal right to tithes by the capitulation and treaty of peace, to wit, firft, by the capitulation, and, fecondly, by the treaty of peace. For by the capitulation the obligation of the people to pay the tithes to them was expreff ly fufpended till the King's pleasure should be declared: and the King's pleasure had never been declared upon that fubject till the late act. And by the reference to the laws of Great-Britain, and confequently to the act of fupremacy, or ftat. 1. Eliz. chap. 1. in the aforesaid 4th article of the treaty of peace all ecclefiaftical perfons were to be excluded from their benefices till they had taken the oath of fupremacy; which none of the Romish clergy of that province have taken: infomuch that, if the King's Majefty had, in the interval between the faid capitulation in September, 1760, and the faid treaty of peace in February, 1763, as for inftance, in the year 1761, declared it to be his royal pleasure that the people of Canada should be obliged by the English government to pay the priests their tithes, yet they would have been a fecond time deprived of their legal right to them by the faid article of the treaty of peace, unless they would have taken the oath of fupremacy, by reafon of the aforesaid 19th fection of the act of fupremacy, which was referred to in the faid treaty, and thereby, as it were, established and promulged by his Majesty's authority, with the confent of the French King, throughout all the country of Canada which was ceded to the Crown by that article.

It appears therefore that the Parliament was not bound in juftice and honour, by the terms either of the capitulation or treaty of peace above-mentioned, to revive the compulfive obligation on the laity of Canada to pay the Romish priests their tithes, nor to admit any of the faid priests to hold benefices in the faid country, nor the Canadian laymen to hold places of truft and profit without taking the oath of fupremacy.

Thus the neceffity of abjuring the foreign jurifdiction of the Bishop of Rome, in order to an admiffion to offices of truft and power, which has hitherto been confidered

101

as a fundamental article, and, as it were, a principal land-mark, in the conftitution of the English government, ever fince the Reformation, has been taken away throughout this extenfive part of the dominions of the crown by the late act of Parliament; without any obligation of honour or public faith, arifing from the capitulation or treaty of peace above-mentioned (as has been fully fhewn) to make such a measure neceflary.

Many more obfervations might be made both on the foregoing French petition and the act of Parliament to which it has given rife. The vaft enlargement of the province by adding to it a new territory that contains, according to Lord Hillsborough's eftimation of it, 511 millions of acres, that is, more land than Spain, Italy, France and Germany put together, and most of it very good land, is a measure that would require an ample difcuffion. The total refcinding the King's proclamation of October, 1763, by which the royal and national faith was bound to thofe British fubjects that should refort to, and refide in, the province of Quebec, that they should enjoy the benefit of the laws of England; inftead of explaining and correcting it fo far as might have been done with the confent and approbation of the faid British fubjects, and as would have been fufficient to fatisfy the great body of the Canadian inhabitants of the province, to wit, by a revival of only fo much of the former French laws in civil matters as related to the tenure, alienation and fettlement, inheritance and dower of landed property; is another matter of great importance which requires a very full confideration. great imperfection of the late act in not faying any thing about the Bishop of Quebec, who has hitherto reigned in the province with great power and authority, exercifing the fpiritual thunders of excommunication, fufpenfion of priests from their of fices and benefices, and interdicting divine worship in churches and chapels, in a manner that has spread great terror among the Roman-Catholics of the province :-its imperfection also in not ascertaining, or rather in not vefting in the Crown, the right of prefentation to thofe benefices which were formerly in the patronage of the Bishop of Quebec, and which are almost all the benefices in the province, there being not above a dozen out of the whole number (which is 128) that are in the patronage of private pertons :-and a number of other ftriking defects and omiffions in the late act, which leave the condition of the province which it was meant to regulate, in a strange degree of uncertainty upon many important points; are matters that it would take up many pa. ges to enquire into with the attention they deferve.

The

XIV. Journal of the Refolution's Voyage in 1772, 1773, 1774, and 1775, on Dif

ΙΩΣ

Review of New Publications.

covery to the Southern Hemisphere, by which the Non-Existence of an undifcovered Continent between the Equator and the 50th Degree of Southern Latitude is demonftratively proved. Also a Journal of the Adventure's Voyage in the Years 1772, 1773, and 1774, &c. 55. Newbery.

This Journal appears to be genuine, ♦ho' we obferve many inaccuracies, and a little of the marvellous. The Refolution and Adventure failed in company from Plymouth, the 13th of July, 1772, and on the 30th of Auguft following anchored in Table Bay at the Cape of Good Hope.

On the 22d of November, 1773, both fhips took their departure from the Cape, in order to profecute the intended difcoveries. After various adventures in thofe unfrequented feas, the fhips parted company, and on the 15th of March, 1774, the Adventure caft anchor at the Cape of Good Hope, and on the 15th of July following anchored fafe at Spithead.

The Refolution continued her difcoveries in the South Seas till the 21st of March, 1775, when the moored in Table Bay at the Cape of Good Hope, and on the 31st of July following arrived at Spithead.

XV. The School Boy, a Poem. In Imita. ion of Philips's Splendid Shilling.

The following defcription of a Schoolmafter will enable our readers to form a judgment of the execution of this piece: When lo! with haughty ftride (in fize like him Who erft extended on the burning lake, Lay floating many a rood) his fullen brow, With low'ring frowns and fearful glooms o'ercaft,

Enters the pædagogue; terrific fight!

An ample ninefold peruke, fpread immenfe,
Luxuriant waving down his fhoulders plays;
His right hand fiercely grafps an oaken staff,
His left a bunch of limber twigs fuftains,
Call'd by the vulgar, birch, tartarean root,
Whofe rankling points,in blackeft poifon dipt,
Inflict a mortal pain; and, where they light,
A ghaftly furrow leave.-Scar'd at the fight,
The bustling multitudes with anxious hearts,
Their ftations feek-A folemn paufe enfues;
As when, of old, the monarch of the floods,
Midft raging hurricanes, and battling waves,
Shaking the dreadful trident, rear'd aloft
His awful brow.-Sudden the furious winds
Were hush'd in peace, the billows ceafed

their rage:

Or when (if mighty themes, like thefe, allow
An humble metaphor) the fportive race
Of nibbling heroes, bent on wanton play,
Beneath the shelter of fome well-ftor'd barn,
In many an airy circle wheel around;
Some eye, perchance,in private nook conceal'd
Beholds Grimalkin; inftant they difperfe,
In headlong flight, each to his fecret cell;
If haply he may fcape impending fate :
Thus ceas'd the general clamour; all remain
In filent terror wrapt, and thought profound.
Mean while, the Pædagogue throughout the

dome

Feb.

His fiery eye-balls, like two blazing ftars, Portentous rolls, on fome unthinking wretch,' To fhed their baleful influence; whilft his voice

Like thunder, or the cannon's fudden burft, Three times is heard, and thrice the roofs refound!

A fudden palenefs gathers in my face ;[fpreads
Through all my limbs a ftiff'ning horror
Cold as the dews of death, nor heed my eyes
Their wonted function, but in stupid gaze
Ken the tell monfter; from my trembling
hands
[fage
The time-worn volume drops; oh dire pre-
Of infant woe! for now the mighty found
Pregnant with difmal tidings, once again
Strikes my aftonish'd ears; transfix'd with

awe,

And fenfelefs for a time I ftand; but foon, By friendly jog, or neighb'ringwhisper rous'd, Obey the dire injunction; straight I loofe Depending brogues, and mount the lofty throne

Indignant, or the back oblique afcend Of forrowful compeer; nor long delays The monarch, from his palace ftalking down, With vifage all inflam'd; his fable robe Sweeping in length'ning folds along the ground: [ícourge

He shakes his fceptre, and th' impending Brandishes high; nor tears nor fhrieks avail; But with impetuous fury it defcends, Imprinting horrid wounds, with fatal flow Of blood attended, and convulfive pangs.

XVI. A Letter from an Officer retired, to bis Son in Parliament. 15. Cadell.

This pretended officer thinks it a fufficient warrant for an English foldier to fight, that he fights for what his officers call England's caufe. Our author feems to be in a fad plight, "Oh Charles, I am afflicted with the daily accounts of our loffes and defeats; the victories and triumphs of the Americans torment me more than my difeafe. Have we no provident ftatefmen, or fkilful Generals !" He then proceeds to cenfure adminiftration and General Gage, and affures his readers, that the glory of Britain is dearer than America, or than the commerce of the nation.

XVII. The Morality of a Citizen, in a Vifitation Sermon; with a View to the prefent alarming Situation of Public Affairs; the real Grounds of our unhappy Divifions, and the State of civil and religious Liberty. 1s. Kearly.

This fermon is better calculated for a citizen's debating club, than a church pulpit. To prevent the kingdom being brought to defolation, our political preacher would have his countrymen obey the laws of the state, be they what they may, and whether he underftands the reafons of them or not. The dif ference between the English government and others, he fays, is that it rules by influence not by fear. Other powers effect their purposes by an army of foldiers, the English

4

fupreme

Review of New Publications.

.1776. fupreme power by one of placemen, penfioners, dependants, and expectants, and he prefumes there are near 40000 perfons, who have places and penfions, and in whom it would not be prudent to disobey the mini

fter.

XVIII. The Character and Conduct of the Female Sex, and the Advantage to be derived by young Men, from the Society of virtuous Women. A Difcourfe by James Fordyce, D.D. Is. 6d. Cadell.

This Difcourfe was as improper for the pulpit as the preceding one, but we have the reverend author's own authority to fay he founded it from thence with but a few alterations. Much more interefting fubjects for a new year's day meditation might have been selected to have engaged the attention of an auditory, fo affiduously collected by puffs, and advertisements; however, the youth of both fexes will find in the difcourfe feveral good rules for the regulation of their paffions and conduct.

XIX. Refignation no Proof. A Letter to Mr. Jebb, with occafional Remarks on bis Spirit of Proteftantifm. 1s. 6d. White.

This writer allows Mr. Jebb the merit of not having facrificed to hypocrify and diffimulation, but at the fame time is indignant at the boldness of his attempt to fubvert what he thinks to be the first principles of our religion. He will not allow Mr. Jebb, or any man, to be a Chriftian, unless he believes the union of the divine and human nature in the perfon of Jefus Chrift, and it seems as if they must, believe it just in his own manner, or be reprobated. Whether Mr. Jebb understands the Scriptures better than this writer, we will not determine; but he better understands the rights, and difplays more of the fpirit of Proteftantifm.

XX. Philofophical Empiricifm, containing Remarks on a Charge of Plagiarism refpecting Dr. Hs. Interfperfed with various Obfervations relating to different Kinds of Air, by Jofeph Priestly, LL. D. &c. is. 6d. Jennion.

The learned and laborious author bath fully proved himself no way indebted to Dr. Higgins for any of his late difcoveries and experiments concerning air. Many useful remarks on the doctrine of air are interfperfed, and rather too much felf exaltation.

XXI. An Account of what Concern Dr. Gibbens bad in the late Tranfactions among the Proteftant Diffenters at Northampton, in which bis Conduct is cleared, &. 6d. Buckland.

We reviewed a publication on this fubject laft Auguft, and it now appears that the Monthly Reviewers in their remarks on that pamphlet palled fome ill-founded centures on the rev, author of the account now before us, and other minifters. The Doctor fhews them to be unjust, but his defence difplays great felf importance, or a forgetfulness of the wife man's

103

exhortation, "Let another man praife thee, and not thine own mouth, a ftranger, and not thine own lips."

XXII. Religious Correfpondence, or the Difpenfation of Divine Grace vindicated from the Extremes of libertine and fanatical Principles, 2 vols. 68. Hay.

A well written and judicious defence of the religious principles ftiled Calvinism, but the writer's cenfures on those who oppose that fyftem are fevere and illiberal. Neither orthodox, nor rational divines are any thing without charity.

XXIII. God's Controverfy with the Nations; addreffed to the Rulers and People of Christendom. 15. Conant.

A ferious performance, intended to awaken rulers and people from their lethargy, and incite them to break off their fins by righteoufnefs, left God's rod, which is now lifted up, fhould fall feverely upon them.

XXIV. A Letter to a young Nobleman Jetting out on bis Travels. 15. Owen.

Our author would have Noblemen to travel to the heavenly regions, and gives them fome good inftructions to further them in the journey. A letter to them on the graces," or on gaming, might have been more fuitable, as well as more profitable for himself and his bookfeller.

XXV. An Addrefs to the Gentlemen and Inbaitants of Litchfield, by James Wickens. 6d. Baldwin.

This churchwarden's fcheme is to have three parishes in that city united into one diftrict, for the better maintenance and employment of the poor, and if the fame plan were followed in London and elsewhere, it would be attended with many advantages: the parifhes in the fuburbs pay five fhillings in the pound poor rate, and wealthy parishes in the city pay fcarcely three pence.

XXVI. Materia Medica Antiqua et Nova Repurgata et Illuftrata : five, De Medicamentorum Simplicium Officinalium Facultatibus Tractatus, Opus XL. Annorum, by John Rutty, M. D. 11. 55. Dilly.

XXVII. Obfervations on the Lorden ard Edinburgh Difpenfatories; with an Account of the Virtues of various Subjects in the Materia Medica, not contained in either of thofe Works, by John Rutty, M. D. Dilly.

35.

Dr. Rutty's abilities and extenfive practice in his profeffion are already well known; his former writings were well received, and thefe are worthy the notice of all the taculty.

XXVIII. A fhort Account of the prefent epidemic Cough and Fever, in a Letter to Dr. De la Cour, by Dr. Grant. 68. Cadell.

It appears from this letter, that the late influenza, or epidemic cough and fever, was exactly fimilar with that which prevailed jutt a century before, 1675. Sydenham's defription of that perfectly corresponds with

the

104

Review of New Publications.

the fymptoms lately obferved, and his method of treating the patient was found the moft fuccefsful, as bleeding in the arm, a blifter to the neck, and a glyfter every day, abftaining from fiefh meats, drinking fmall beer, or milk and water, and fometimes a cooling and lenient ptifan.

XXIX. Obfervations upon the Sbocing of Horfes, together with a new Enquiry into the Caufes of Difeafes in the Feet of Horses, by J. Clark. 38. Cadell.

Mr. Clark corrects many of his brother farriers in their treatment of horfes, and with respect to greafy or oily applications to preferve found and tough the hoofs of horses, he differs from all who have yet written on the fubject of farriery. He maintains that thefe greafy applications are rather pernicious than falutary; that as they prevent perfpiration when applied to the fkin of the human body, fo they clofe or fhut up the pores of the hoof, prevent the natural moisture which should nourish the hoof, and thus render it dry, brittle and hard. Experience evinces that thofe horfes who go at cart and plough, and whofe hoofs are never greased, but expofed to coolness and moisture, are free from many complaints which the finest horfes endure that are kept in hot, dry litter in the ftable, with their hoofs greafed. The laft become cripples, and fubject to maladies, which fooner or later render them ufelefs.

XXX. A further Examination of our prefent American Measures, and of the Reasons and the Principles on which they are founded, by the Author of Confiderations on the Meafures carrying on with respect to the British Colonies in North America. 35. Baldwin.

Our

This examination turns out greatly to the difadvantage and difhonour of the promoters of the prefent American measures. author writes with great freedom and equal judgment, and it is apparent he hath written from the heart. When the trumpets found, and the drums beat to battle, he had need to fpeak aloud who defires to be heard, efpecially if he preaches peace.

We with the worthy examiner had paid a little more attention to his ftile-his fentiments are manly - he answers the feveral accufations brought against the Americans, and with great feverity lafhes the two clerical trumpeters for adminiftration, Dean Tucker, and John Wesley. He obferves for the edification of thefe gentlemen, that at prefent they contradict each other: the methodist tells us, that a few deep English republicans have raifed up this civil war, and are endeavouring to divide our colonies from us, to bring about their favourite scheme of a commonwealth in England. The Dean charges these republicans with endeavouring to keep us and the colonies together for the very fame evil end.

"These republicans therefore (lays our

Feb.

author) paffed or executed the acts relating to the ftamps, the tea, the port of Boston, the charter and the government of Maffachusetts Bay, the fisheries and the commerce of America: they fent an army to that country last year and they doubled it this, together with fleets, artillery and all fit means of mifchief to attend it: they rejected, refused or neglected all applications and petitions for peace from New-York, from the continental congrefs, from the city of London, from various parts of America and of Britain; as likewife the propofitions of Lord Ch. of Mr. B. and of the other perfons for the fame purpose. One part of these meafures have been the certain causes of our civil war, and the other part the oppofition to reconciliation. Is it the fame republicans, who have garrisoned Gibraltar and Minorca with Hanoverians and who have published a crufado calling all men and all nations to the deftruction and the plunder of our colonies, and who are to tranfport them thither for that pious and that beneficial purpose? I am tired with reckoning; but how horrible a lift it is, and what wicked men muft thefe republicans be! Thefe few covert republicans muft furely have been very crafty fo to have baffled and to have over-reached our many oftenfible minifters; who being able to act openly and avowedly have no doubt, good men, taken ten times the pains to keep things right that these abominable republicans have, to put them wrong. How unlucky is it, that either our ministers were not as cunning as these republicans, or these republicans not as honeft as our minifters:

in either of which cafes we and our colonies might have continued towards one another in the fame ftate, as we were three or four years ago; peaceable, contented and quiet! r cannot however but congratulate mankind, that there were not more of thefe republicans : thefe very few have, it seems, flung into confufion one of the firft ftates in the world, and it is to be hoped, as wifely governed, as it is high in other regards.-Si duo præterea tales. If there had been a dozen more fuch, and especially if they durft have proceeded by day light, what part of Europe might have efcaped? Republics do not rife or spring up like mushrooms; but who knows, whether they might not have been as thick as iflands in the Archipelago? An European could then have hardly gone to Court for republics. There would have been no King's chaplains.-Dii meliora piis.-I wonder what the King of Cochin China would have thought concerning fuch a condition of our quarter of the earth; who, a Dutch traveller tells us, had like to have choaked himself with laughing, only on hearing, that there was a people in Holland who lived without a King,

PUB

« PreviousContinue »