Before two justices. conviction in any of the king's courts at Westminster, or at the assizes, is disabled thenceforth to sue in any court of law or equity; to be guardian, executor, or administrator; accept a legacy or deed of gift; hold office in Great Britain; or vote for members of parliament; and forfeits 500l. to any one who will sue for the same in any of the king's courts at Westminster, wherein no essoin, protection, or wager of law, or more than one imparlance shall be allowed (a). The same penalties attach to neglect or refusal to subscribe the declaration against transubstantiation, coupled with subsequent execution of office or employment; except that the offender is, in this case, only incapacitated to hold office within the realm of England, dominion of Wales, and town of Berwick on Tweed (b). SEC. II. Of voluntarily taking and making them. JUSTICES of the peace, at the quarter sessions, are required to tender and administer the said oaths and declaration against transubstantiation, to any person voluntarily offering to take and subscribe them, aud to keep a register of the same; and for each entry therein, a fee of 2s. 6d. is payable, and a further sum of 6d. for every certificate (c). Before one A single justice is empowered and required, at justice. the personal request of any Protestant Dissenter, (except a Quaker), who produces a printed or 1 Geo. 1, st. 2, c. 13. (c) 1 W. & M. st. 1, c. 18, s. 2. written copy of the oaths and declaration against transubstantiation (a), to administer and tender the same, and to transmit them, with an attestation of the taking and subscription thereof being made in his presence, before the next general quarter sessions, to the clerk of the peace of the county, riding, division, city, or place for which he acts as justice. And also to give a certificate thereof to the person taking and subscribing as aforesaid; for which a fee of 2s. 6d. is payable; and the certificate is conclusive of the facts therein stated (b). Protestant Dissenting preachers and teachers are included in the last-mentioned enactment, but they are also permitted voluntarily to take and subscribe the said oaths and declarations, or their assent to the articles, in the manner specified in a subsequent division of this work (c). (a) There is some doubt as to the declaration here in tended; but from the generality of the clause, it must be presumed to mean the declaration above-mentioned. 8. (b) 52 Geo. 3, c. 155, s. 7, (c) Vide infra, Of the exemptions of dissenting mi nisters. PART II. OF THE LAWS PECULIARLY AFFECTING THE CHAP. I. OF PENALTIES. Conditions senting SEC. I. Of such as are not conditionally repealed. It must be premised, in treating this division of of Tolera- penal enactments, that the benefit of the Toleration tion Acts, as to Dis- and other remedial statutes, can in no instance be participated by those who neglect to comply with the conditions they impose. An omission in this respect leaves the individual to the rigour of the unrepealed enactments. clergy. Unrepealed statute. On certain conditions, introduced into these remedial statutes, nearly all the subsisting penalties are suspended. One of them, however, of remote date, and great severity, seems to have escaped the vigilance of the legislature: and, it is presumed, that on a rigid construction of their liabilities, the Dissenting clergy would still be found, in all cases, liable to its penalties. An act, passed in the reign of Elizabeth, for the uniformity of Common Prayer and divine service, and administration of the sacraments (a), and confirmed by two similar acts (b) of Charles II. (both (a) 1 Eliz., c. 2, s. 4, 7, 8, &c. (b) 13 & 14 Car. 2, c. 4, s. 2, 14, 19-21, explained and confirmed by 15 Čar. 2, c. 6, s. 6, 7. The Toleration Acts have not touched these sections; the 1 W. & M., st. 1, c. 18, s. 8, exempts the persons therein mentioned from of which have been since conditionally repealed), enacts that every minister, not being beneficed, nor having spiritual promotion, who, in the exercise of his public functions, refuses to use the service of the Common Prayer book, or uses any other service than is mentioned and set forth in that book (a); or preaches, declares, or speaks any thing in derogation or depraving of that book, or any thing therein contained, on conviction by a jury, his own confession, or notorious evidence of the fact, shall suffer one year's imprisonment for the first offence; but for the second offence, be imprisoned for life. Jurisdiction of this offence is given to the justices of oyer and terminer, or justices of assize; to whom may be associated the archbishop or bishop of the diocese in which the sessions are held; but the mayor of London, and all other head officers of cities, boroughs, and towns corporate in England, Wales, and the marches, to which the justices of assize do not repair, may hear and determine these offences at the times specified in the act: the prosecution, however, is limited to the next general the disabilities and penalties of certain statutes therein enumerated, not including those in question: the 19 Geo. 3, c. 44, extends these exemptions, so as to include both the statutes of Car. 2, above quoted, but takes no notice of the penalties incurred under these sections of the statute of Eliz. And the 52 Geo. 3, c. 155, although it repeals certain disabling statutes, leaves these sections precisely as they originally were. (a) In an indictment, it is not sufficient to allege that defendant used alias preces aut alio modo, without adding, "instead of the Common Prayer." R. 3 Mod. 78. An indictment brought at the sessions might be quashed, 2 Str. 1256. 2 Salk. 680. Qualifying, sessions after the offence, and only one punishment can be inflicted. SEC. II. Of Penalties conditionally repealed. 1. On qualifying for Office. THE statute (a) which renders qualifying for the when and exercise of ministerial functions unnecessary, except sary. in obedience to a legal requisition, applies only to how neces For office. Other kinds that species of qualification which confers an exemption from the penalties of acts of parliament relating to religious worship; and does not refer to those statutes which impose the oaths to government, generally, on persons admitted to office or employment. Consequently, all preachers and teachers of separate congregations, who are expressly included in the latter class of statutes (b), are still required to take the oaths to government, and subscribe the declaration against transubstantiation, in the manner and subject to the penalties on neglect or refusal, mentioned in a preceding chapter (c). They are equally entitled with others, however, in respect of this qualification, to the benefit of the remedial enactments in behalf of ex post fucto compliance. Other species of qualification are mentioned in of qualifica- a subsequent section, and are made the condition of certain immunities therein specified (d). tions. (a) 52 Geo. 3, c. 155, s. 4. (b) 1 Geo. 2, st. 2, c. 13, s. 2. 9 Geo. 2, c. 26, s. 3. (c) Vide supra, p. 61. (d) Vide infra. Of the exemptions of Dissenting clergy. |