Civil services and militia. Meaning of holy orders, appointed to the office of churchwarden, overseer of the poor, or any other parochial or ward office, or other office in any hundred of any shire, city, town, parish, division or wapentake, whether the same were in being at the time of the passing of this enactment, or has been subsequently created (a). And every such person being a preacher or teacher of any congregation, and scrupling (b) to declare and subscribe his assent to any of the articles aforesaid, who makes and subscribes, instead thereof, the declaration of Protestant belief, is entitled to the same exemptions from civil service, and is also exempted from serving (c) in the militia: and the justices at the general sessions for the county or place where he lives, are required to administer the said last-mentioned declaration to such person offering to make and subscribe the same, and thereof to keep a register; and for the entry thereof, with the oaths and other declarations aforesaid, a fee of sixpence only is due; and an additional fee of sixpence any certificate of the same. for The certain meaning of the phrases, holy orders,' &c. 'pretended holy orders,' and 'pretending to holy orders,' is not ascertained; but whether, according to the opinion of Lord Ellenborough, holy orders originally intended such as are conferred by episcopal ordination; pretended holy orders, those con certificate of some justice of the (a) Kenward v. Knowles, Willes, 463. be pre (b) 19 Geo. 8, c. 44. This clause may sumed to extend to serving by substitute. ferred by presbyterian ordination; and pretending to holy orders, pretending to have one or other of these two orders; or whether the last phrase implies merely being a candidate (a) for holy orders, thus much has been decided, that it is not essential to the pretending to holy orders, within the eighth section of the Toleration Act, that a person should be the teacher or preacher of a separate congregation; and a mandamus will issue to the justices at quarter sessions, although not expressly required by the statute, to administer the qualification it prescribes yet such qualifying will not avail to confer on the individual not possessed of the conjoint character of preacher or teacher to a separate congregation, the immunities and exemptions enjoyed under the eleventh section of the Toleration Act, but merely exempts from certain penalties otherwise incurred by the exercise of the clerical function (b). But although a person in holy orders, or pretending to holy orders, comes within the eighth section of the Toleration Act, even if he has no separate congregation of his own, yet if he applies merely as a teacher or preacher, not pretending to holy orders, he must state himself to be the teacher or preacher of a separate congregation, to bring himself within that section (c). A rule of sessions, and consequently a requisition (a) This opinion seems probable, since, in s. 8, which exempts from penalties, the designation is used; whereas, in s. 11, which exempts from H offices and service, it is omitted. Providing a in pursuance of it, that a person applying to qualify himself under the Toleration Act, as a teacher of a separate congregation, shall produce a certificate from two of his congregation authenticating such his appointment, cannot be enforced (a). Where a party moves, however, for a mandamus to compel the justices to admit him to qualify, he must suggest whatever is necessary to entitle him to be admitted; and if this is not done, or if it be done, and the fact is false, either of these circumstances will be good matter for a return (b). Exemption from serving personally, or providing a substitute. substitute to serve, in the militia, is also conferred on every teacher of any separate congregation, who has been licensed twelve months, at the least, before the yearly general meeting referred to by the act which Local Mili- creates this exemption (c). But there are no exemptions from ballot or service under the Local Militia or Training acts in favour of Dissenting ministers carrying on trade. tia and Training acts. Exemptions under 2. Of Dissenting Ministers not in Trade. 52 Geo. 3, person Of such individuals it is enacted, that every who teaches or preaches in any congregation c. 155, s. 9. or assembly, or congregations or assemblies for religious worship of Protestants, whose place of worship is duly certified according to law; who (a) R. v. Justices of Suffolk, 15 East, 590. (b) Peat's Case, 6 Mod. 310, from which also it appears, that a mandamus does not lie to compel the justices to take security of a Dissenting minister, against his becoming chargeable to the parish. (c) 43 Geo. 3, c. 10, which amends the 42 Geo. 3, c. 90. employs himself solely in the duties of a teacher or preacher; and follows no trade or business, or other profession, occupation or employment, for his livelihood, except that of a schoolmaster; and who produces a certificate of some justice of the peace of his having taken the oaths to government, and declaration, mentioned in the seventh section (a), shall be exempt from the civil services and offices specified in the Toleration Act, and from being balloted to serve, and from serving, in the militia or local militia of any county, town, parish or place in any part of the United Kingdom. But every person producing a false or untrue certificate or paper, as a true certificate of his having made and taken the oaths and subscribed the declarations above mentioned, for the purpose of claiming exemption from civil or military duties, forfeits for each offence the sum of 50%., recoverable by any person who will sue for the same in any court of record at Westminster, in the courts of great sessions in Wales, or in either of the courts of the Counties Palatine, as the case may require; wherein no essoign, privilege, protection or wager of law, or more than one imparlance shall be allowed. But such actions are made local, and are limited to be brought within three months after the offence: the defendant may plead the general issue, and give the act and special matter in evidence under it, and recovers treble costs in case the plaintiff is nonsuited or fails in the suit. (a) s. 9. This must still be understood to mean the declaration against transubstantiation, which may be voluntarily taken, ut.sup. p. 63; and if so, the declaration of Protestant belief is waived: sed vide s. 11. as to certificate. Exemption from taxes. SEC. II. Exemption from Taxes, &c. ANY preacher of a Dissenting congregation, or person dissenting from the church of England, in holy orders or pretended holy orders, entitled to the benefit of 1 W. & M., S. 1, c. 18, or 19 Geo. III., c. 44, who is not possessed of an annual income of 1007. or upwards, however arising, is exempted from the duty payable in respect of wearing hair-powder (a). CHAP. III. OF RIGHTS AND LIABILITIES. THE Scope of the Summary, as already explained, admits a particular notice of those cases only in this chapter, which are distinguished from the ordinary rights and liabilities of British subjects by some peculiarity, either of positive variance or special appropriation. More than an incidental mention of such as are common to all, would be foreign, and consequently superfluous (b). (a) 48 Geo.3, c. 55, (Sch. I). It may be observed that Dissenting ministers, in common with all other persons, are exempted from duty on carts and horses, used solely for the purpose of conveying themselves and families to and from any place of worship on a Sunday, Christmas-day, Good-Friday, or other day appointed for public fast or thanksgiving, ibid (Sch. D. E. no 1). (b) Many cases of this common order may be found under the head Mandamus, in Comyn's Digest; and others in the King's Bench and Equity reports, under the titles of Charitable Uses, Trusts, and the various titles enumerated in a subsequent section, "Of the Charities and Trusts of Protestant Dissenters." |