The DUKE of ARGYLLsaid, he wished to put a question to the noble Earl at the head of the Government, of very pressing importance, with reference to academic tests in Scotland. It was not his intention to raise any discussion on the subject, as the facts were sufficiently known to the noble Earl, and would probably before long come in detail under the consideration of their Lordships. All who were acquainted with the subject must be impressed with a sense of the incongruity of those tests with 778 the existing circumstances and state of society in Scotland. He was, however, fully sensible of the difficulties to he dealt with in determining how they should be altered, and whether any other tests should be substituted. He trusted that if any change or modification of the law took place, it would come from the hands of the Government. He had reason to believe that the attention of the Government of the late Sir Robert Peel had been called to the important subject, and that if they had continued much longer in office, they would have laid a measure before Parliament with a view to the amendment of the law. The present law officers of the Crown in Scotland were gentlemen of the highest abilities and attainments, and as competent as any of their predecessors to deal with the question. He thought it of importance that if any measure was proposed, it should proceed from those who could not be supposed to be hostile to the Established Church. It was on that ground he urged the Government to take the subject into their serious consideration. He hoped the noble Earl would not be deterred from entering upon it by finding it was not in his power to devise any measure which would meet the opinions and views of all parties. From his own knowledge of the state of parties, and of the ecclesiastical divisions in Scotland, he was convinced that if the noble Earl refrained from introducing a measure until he could frame one which should be acceptable to all parties, he had better abandon the attempt at once, as altogether hopeless. He had no wish to speak with the slightest disrespect of the opinions and feelings of those who belonged to the Established Church in Scotland, of which he was a member. It was but natural that the ecclesiastical courts which were placed in the peculiar situation of trustees of the Church, should take a somewhat limited and technical view of the question, and stand on her legal and constitutional rights, however at variance with the altered circumstances of society. Though, as he before said, he was anxious that a measure should originate with those who, in a general point of view, were known to be favourable to the interests of the Established Church, he did not desire that an attempt should be made to conciliate all opinions, or even that the measure should receive the approbation and approval of the ecclesiastical courts. Having made these observations, he would ask, whether the Government intended, during the present Session, to propose any alteration 779 or modification of the religious tests at present imposed on professors previous to occupying chairs in the Universities of Scotland?
§ The EARL of DERBYI will give a plain answer to the noble Duke. Looking at the existing state of the law and the existing practice of the law, and looking, moreover, at the altered circumstances of Scotland in regard to ecclesiastical establishments, I certainly do not consider the present state of things as one calculated to give satisfaction; but at the same time the noble Duke has himself admitted the extreme difficulty of dealing with the question, which is one calculated to excite peculiarly strong religious feeling, and one, moreover, the noble Duke will bear in mind, in which this country is involved— one of the fundamental articles of the Treaty of Union with Scotland having been introduced for the protection of the rights of the Presbyterian Church of Scotland, when that country was incorporated with England, with an united Legislature in which the Scottish representatives must necessarily be a minority. The question of the possibility of altering the existing law is under anxious consideration of the Government, assisted by the present eminent chief law officer of the Crown in in Scotland. I must say that while, in the first place, I admit that the present state of the law is so unsatisfactory that it might be possible for the Government to introduce amendments, yet it must not be forgotten that it is necessary, in dealing with such a question, to have peculiar reference to the religious feelings of a large portion of Scotchmen who still adhere to the Established Church, and to take especial care that, in introducing any amendment into the law, we do not give a colour to the allegation that we are using the power of the majority in a way hostile to the Presbyterian Church of the country, and for the purpose of removing restrictions and tests on which that Church sets great value, because they necessarily connect the Universities with the doctrine and discipline of the Presbyterian Church. Now, in employing those words doctrine and discipline, I confess that, in using my own judgment on the subject, and without hoping in the least to do that which has been adverted to by the noble Duke—conciliating the views of all parties—I certainly would have been very desirous to have seen a distinction drawn between two distinct portions of the' tests—namely, those which 780 apply to doctrine and those which apply to discipline. I believe the intension of the tests to be to secure the religious character of the University, and also its adherence to the Presbyterian doctrines of Scotland against the Episcopalians, the Roman Catholics, or any other body of men. The point of discipline is one altogether of minor importance. It always happens that in proportion as religious bodies approach each other more nearly in point of doctrine, the more earnestly they differ about questions of discipline and points of minor importance; and I apprehend that practically these tests are not brought to bear against Episcopalians, but are enforced against members of the Presbyterian Church who profess the doctrines, yet dissent from the discipline. I am, however, ready to admit, that if an alteration Could be made, which, without altering the religious and Presbyterian character of the Universities, could in any way tend to reconcile the great bodies into which the Church of Scotland is at this moment split, and give those Universities the advantage of the talents and attainments of professors belonging to the different denominations, such a measure would be well entitled to the consideration of the Government. But, as I said before looking at the difficulties which surround the question, I cannot undertake to promise that it will be in the power of the Government to bring forward any specific measure for the amendment of the law with regard to those tests.
The DUKE of ARGYLLtrusted that the opinions which had been expressed by the noble Earl would have a good effect in Scotland. It should be recollected that after a professor had been admitted by taking those tests, the ecclesiastical courts of the Established Church had no power over him, and the declaration that he was subject to their discipline was a mere form. Though it had the effect of excluding most eminent men from the chairs of the Universities, it did no good. There were some men who wished for the abolition of all religious tests, but in that opinion he was not prepared to concur. He agreed with the noble Earl, that, touching as this matter did on a question that was settled by the Act of Union between England and Scot-land, it was but right they Should act with the greatest caution; but he could not see how a measure such as the noble Earl had alluded to, being a minimum change, Could injuriously affect the interests of the 781 Established Church, While it would materially Conduce to education in Scotland, and admit to the chairs of the Universities many men who were most able to discharge the important duties connected with them.
§ House adjourned to Thursday next.