is liable to imprisonment for three years; subject to a proviso, discharging the penalties and disabilities of the first offence, on recantation: yet, since the passing of a recent act (a), which in part repeals this statute, and extends toleration to the Unitarian creed, the offence of Heresy, it is apprehended, cannot be charged on the religious principles of any class of Protestant Dissenters. At present there remain unremaining repealed and unmodified in this class of penal enactunmodified. ments, the penalties on attending another service than that of the Book of Common Prayer;" those on "reviling the established religion;" and, lastly, those on "wantonly depreciating the Prayer Book." Penal enactments Corporation and Test Acts un The Corporation and Test Acts have undergone no material change since the Revolution; but by changed. liberal operation of the Toleration Act, they have been incidentally bent to the purposes of indulgence, and now furnish an exemption from certain burdensome offices (b). Their inci dental ef fect. Indemnity acts. Oaths. The effect of our annual Indemnity Acts, has been to convert the sacramental test into a species of political portcullis, now seldom or never employed against Protestant Dissenters: to be regretted chiefly on account of the odious distinction it insinuates; and only to be feared, as it perpetuates the possibility of their exclusion (c). Before we notice the legislative provisions in favour of the Quakers and Moravians, it will be our ob (a) 53 Geo. III., c. 160, the 3d section repeals two Scottish statutes against impugners of the Trinity, which inflicted death for that offence. And the 57 Geo. III., c. 70, repeals the excepting clause of the Irish stat. 6 Geo. I., c. 5, and ex. tends to Ireland the provisions of 19 Geo. III., c. 44, and 53 Geo. III., c. 160. (b) Vide infra, Summary. (c) Vide infra, Summary. ject, to consider briefly the statutes relating to oaths, as to the effect of which some doubts have been entertained. construc statutes relating to Of these statutes there are eight principal ones (a); Difficulties the sections of which may be classed under two heads; as to the namely, 1st. Those which, directing the oaths to be tion of taken as a qualification for office or employment, make the office or admission to employment void on neg- oaths. lecting or refusing to take them, and inflict a penalty on the party subsequently executing the office or employment. 2dly. Those which invest certain persons with power to tender the oaths, and inflict penalties on those who, on tender, refuse them. As to the first head, the 1 Wm. and Mary, s. 1, c. 8, after repealing the ancient oaths of allegiance and supremacy, and substituting others; and repealing also the 1 Eliz., c. 1;. 3 Jac. I., c. 4, and every other statute, for so much as concerns those oaths; enacts, that any person (other than such concerning whom other provision is made in this act), thereafter admitted into any office, employment, or capacity, which would have imposed the abrogated oaths, or either of them, should take the oaths thereby appointed, in such manner, at such times, before such persons, and in such courts and places, as they ought theretofore have taken the abrogated oaths, or either of them, under the same penalties, forfeitures, (a) 1 Eliz., c. 1; 5 Eliz., c. 1; 3 Jac. I., c. 4; 7 Jac. I., c. 6; 1 W. & M., s. 1, c. 8; 7 & 8 Wm. III., c. 27, as to oaths of allegiance and su C premacy ; 13 & 14 Wm, III., disabilities, and incapacities, as would have been incurred by neglect to take the abrogated oaths, or either of them. The effect of this statute is, 1st. that although the 1 Eliz., c. 1, and 5 Eliz., c. 1, originally related to the oath of supremacy only; and the 3 Jac. I., c. 4, and 7 Jac. I., c. 6, to the oath of allegiance or obedience only; yet each of them now relates to the oaths of allegiance and supremacy in 1 Wm. and Mary, s. 1, c. 8, which substitutes the new oaths instead of those abrogated, or either of them. 2dly. That notwithstanding the words in the second section of 1 Wm. and Mary, s. 1, c. 8, repeal the 1 Eliz., c. 1, and 3 Jac. I., c. 4, and any other statute for so much only as concerns the said oaths, and the said oaths themselves.; yet that the 1 Eliz., c. 1, 5 Eliz., c. 1, and 7 Jac. I., c. 6, as far as they relate to the taking of the oaths as a qualification for office or employment, and to the rendering them void, on neglect or refusal of the oaths, are still in force. 4 The 25 Car. II., c. 2, also, which inflicts penalties for exercising an office after neglecting or refusing the oaths of allegiance and supremacy, and the declaration contained in that act, remains in force. A similar clause with respect to the oath of abjuration has since been introduced by 13 and 14 Wm. III., c. 6, and by 1 Geo. I., s. 2, c. 13, to the oaths of allegiance, supremacy, and abjuration; and the 7 and 8 Wm. III., c. 24, inflicts the penalty of premunire on barristers, attornies, &c., exercising their professions before they have taken the oaths in 1 Wm. and Mary, s. 1, c. 8, and subscribed the declaration in 25 Car. II., c. 2; all of which remain in force. With respect to the second head; the 5th section of 1 Wm. and Mary, s. 1, c. 8, above mentioned, enacts that all persons (other than such concerning whom other provision is made in the act), shall take the oaths in the manner prescribed by the former statutes. The 7th section, being the only one in the statute which makes any other provision on the subject, enacts that if any such other person or persons (other than the persons specially mentioned in section 5,) shall refuse to take the said oaths, or either of them, when, as required by forms tendered, such person shall be committed, and a penalty paid for refusal. Hence it follows, that all former statutes, as far as they relate to the taking of the oaths as a qualification for office or employment, and to the manner, time, place, and persons tendering, still remain in force; but that those parts of the statutes prior to the 1 Wm. and Mary, s. 1, c. 8, which inflict penalties for refusal on tender, are repealed. Therefore, the clauses 5 Eliz., c. 1, which make a refusal of the oath of supremacy on tender amount to premunire, and a second refusal to high treason, are repealed. For the same reason, the 3 Jac. I., c. 4, s. 13, and 7 Jac. I., c. 6, s. 26, which make a refusal of the oath of allegiance or obedience, on tender, amount to premunire, are also repealed, so far as they relate to the penalty of premunire. The provisions made by the Indemnity and Toleration acts, for ex post facto qualification, have diminished, however, the importance of this subject (a). Although, since the Revolution, the treatment of Quakers Quakers, with regard to their religious immunities, and Mora(a) Vide infra, Summary. Remedial provisions in their fa vour. has been something less liberal than that of other Protestant Dissenters; yet the policy of government has deviated more in other respects, to accommodate them, as well as the Moravians (a). The recent abolition (b) of the statute of 13 and 14 Car. II., c. 1, already quoted; the reception of their affirmation in all civil cases, and in some of a criminal nature; the provisions respecting tithes, and military service; the freedom of the marriage rite among Quakers; with many local exemptions, respectively treated in the Summary, exhibit a favourable disposition in the legislature towards them. How unpro- But the Quakers are still excluded from office under tected. government, except in the colonies; exposed to frequent imposition and injustice in criminal cases, where the remedy requires an oath; and have no proper share in the palladium of British liberty—the trial by jury. Dissenting how affect ration acts. The ministers of religion among the Dissenters ministers have been placed by the Toleration Acts in circumed by Tole- stances better suited to their sacred functions (c). Certain articles specified in the 1 Wm. and Mary, s. 1, c. 18, and by that act made a condition of their exemption from civil service and office, being found oppressive, they were subsequently exchanged for a declaration of Protestant belief, and the exemption was extended to serving in the militia. A later act (d) having restricted the exemption from service in the militia, to teachers of separate congre (a) Vide infra, Summary. 52 Geo. III., c. 155. (c) Vide infra, Summary. (d) 42 Geo. III., c. 90. |