gations qualified within the county, which, by an act passed in the year following (a), was explained to extend to qualifying in any county; and a still later act making a previous registry of the place of preaching essential (b); a recent statute (c) carrying the exemption still farther, comprises all persons employed solely in clerical duties; to which, however, the profession of a schoolmaster may be added, and includes the local militia in the same provision. The same statute has rendered actually qualifying, in all cases essential under the Toleration Act, unnecessary now as a ground of exemption from the penalties of the statutes relating to religious worship, except when legally required in writing; and it limits the distance to which persons required to qualify are compellable to travel for that purpose. It also repeals the act of 22 Car. II., already quoted. ters, how exposed to Protestant dissenting schoolmasters have met with Schoolmasless indulgence from the legislature. The only statute (d) which relieves them from the ancient penal- ancient ties, makes their exemption depend on qualifying in penalties. the manner therein prescribed; while it expressly excludes them from all public appointments, except among Dissenters (e). The 52 Geo. III., c. 155, s. 1, having repealed Places of the Conventicle act, enlarges the prohibited number worship. of persons convening for religious worship, without certificate, to twenty; but Quaker assemblies not 38. (a) 43 Geo. III., c. 10. (c) 52 Geo. III., c. 155. Ibid. Protected by the legislature. Dissenters being contemplated by the provisions of this statute, are still restricted to the number of five persons. All religious assemblies of Protestant Dissenters, duly certified, in which the service is performed with open doors, being now authorised by law, a perfect impunity is afforded to the practice of frequenting them; they are likewise placed under similar protection, and, for some purposes, raised to a level, with those of the established church (a). Rights of It must be observed, in conclusion, that the rights Protestant of Protestant Dissenters, neglected formerly by the recognized. courts of equity, and not very favourably noticed in courts of law, are for the most part distinctly recognized, and impartially administered by every modern tribunal (b). The laws of Scotland, Ireland, and the Colonies, will not be comprised in the Summary, except by occasional reference; but it may be stated generally, that the Toleration Act of Ireland (c) places Protestant Dissenters in that country almost precisely in the situation of those in England after the 10 Anne, c. 2, excepting that no subscription to articles is required. No law, it appears, has yet existed in Ireland, to exclude Protestant Dissenters from corporations. The Irish Test act, 2 Anne, c. 6, (Ire.) was repealed, as to them, by 19 and 20 Geo. III., c. 6. (Ire.). (a) Vide infra Summary. (c) 6 Geo. I., c. 5. (Ire.), extended to Unitarians by 57 Geo. III., c. 70. SUMMARY OF The Laws AFFECTING PROTESTANT DISSENTERS. Introduction. part CHRISTIANITY, identified with the tenets and Christianity service of the Church of England, is declared to be law of the of the a part of the law of the land; and offences against land. God to be equally cognizable with those committed against the King (a). On this assumption, such offences are punishable at common law, by statute, or by ecclesiastical censure. The gravamen, however, in every instance, is asserted to be, the injury done to society by its commission (b). Offences of this nature are either positive or relative. The first class comprises atheism, apostacy, blasphemy, religious imposture, interrupting or abusing (a) Rex v. Taylor, 3 Keb. 607, 621. Rex v. Woolston, Fitzgibb. 64. St. 2 Str. 834. 27 & 28 Car. II., B. R. (b) 4 Bl. Com. p. 42. Nonconformity a ne gative offence. the ordinances of the established church, and all offences against public morals and decency. With this class of offences, the present subject has no essential connection. Nonconformity, in its various forms, constitutes the second or negative class of these offences (a). It may be subdivided into two species; of which, the former consists in absenting one's-self, through total irreligion, from the established worship, or persuading others so to do: the latter, in absenting one's-self from that mode of worship, on account of religious scruples, or persuading others, with a similar motive, to a similar practice; and in this species of offence, both Papists and Protestant Dissenters are equally implicated. This Summary will only comprise the laws peculiarly relating to Protestant Dissenters. Before we enter on these laws, it will be proper to consider, generally, in what respects the rights and duties of this numerous body of citizens accord with those of their conforming fellow subjects. Of the Rights and Duties of Protestant Dissenters in general. THE rights and duties of Protestant Dissenters are The ordinaidentical with those of their conforming fellow-subry rights and duties jects, except where expressly curtailed by the legislature and with this exception only, they have an equal claim to the protection and benefit of those institutions which are supported at the common expense. of Dissen ters not different from those of others. (a) 4 Bl. Com. D. p. 51, sed Quare Lord Mansfield, in Harrison v. Evans, infra. For example; they are competent to attain and Peerage. occupy the highest rank of subjects in the kingdom. They are not excluded from the representation of Senate. the country; the tests imposed on those who fill that station being not inconsistent with their religious principles (a). They have a limited share in the privileges of our Sacraments ecclesiastical system: thus, they may demand admission to the sacrament of baptism; and if baptized by any person in the name of the Holy Trinity, to the sacrament of the Lord's supper, and the canonical rites of burial (b); and even without baptism, to the solemnization of the matrimonial service. Their charitable bequests, for the benefit of their Charities. own communities, being no longer considered a dedication to superstitious or illegal uses, are executed in the courts of equity as nearly as circumstances will admit, according to the probable intentions of the testator; and their trusts for the promotion of public worship, and the inculcation of doctrine not contrary to law, are equally under the protection of the courts of equity (c). Their registers of births and burials, as likewise Registers. certified extracts from them, are admissible evidence in the rank of private entries (d). They are exempted from payment of tolls in going Tolls. (a) 1 W. & M., c. 1, s. 6, 7; 1 Geo. I., st. 2, c. 13, s. 1; 8 Geo. I., c. 6, s. 1. (b) Kemp v. Wickes, Arches' Court, 1809. Can. 68. Reasonable evidence of baptism is all that can be demanded. (c) Attorney General v. Cock, 2 Ves. 273. Walter v (d) Goodright ex. dem. Ste- |