Allegations

SEC. V.-Of Actions, &c.

In an action of slander brought by a minister for in pleading. consequential damages in being prevented from preaching and deprived of the profits of office, the declaration is sufficient, after verdict, though it has not mentioned by name the persons by whom he was so prevented from preaching, nor alleged that by any or what authority they excluded him, or that he was a preacher duly qualified (a).

Molesting a preacher.

It is presumed, however, that the omission of the allegation as to the authority or right to exclude would have been good ground for demurrer (b).

Persons guilty of disturbing, molesting, or misusing preachers or teachers officiating in any lawful assembly, are punishable in the manner stated in a subsequent section (c).

Every de

partment of tuition in

cluded.

PART III.

OF THE LAWS PECULIARLY AFFECTING PROTES-
TANT DISSENTING SCHOOLMASTERS.

CHAP. I.

OF QUALIFICATIONS.

SEC. I.-Of Oaths to Government. MASTERS, presidents, or tutors of colleges, or other public or private institutions for the education of youth, schoolmasters, private tutors, teachers or read(a) Hartley v. Herring, 8 T. R. 131; I Taunt. 39. (b) 8 East, 1; 2 B. & P.

284.

(c) Vide infra, p. 92.

ers to pupils (a), are all included in the number of those whose profession imposes upon them the oaths and declaration of office, or being Quakers, the declarations, affirmation, and profession of Christian belief, respectively mentioned in preceding chapters (5).

The time, mode and place of taking and making these, and the penalties incurred by persons neglecting or refusing them, as well as the design and operation of the Indemnity acts which extend to such offenders, have been already sufficiently explained (c).

EVERY department of tuition being prohibited to Protestant Dissenters by various statutes and canons, it is only on condition of qualifying specially, that they are now permitted under a remedial statute (d), to exercise these professions with impunity.

consists,

The special qualification required, consists of the In what it oaths of allegiance and supremacy, the declaration and when against transubstantiation (or, in the case of Quakers, to be taken. of the declarations and professions ordinarily enjoined in lieu thereof), and the declaration of Protestant belief (e) and this qualification being in no case

(a) Tutors of colleges, and academies for theological students, teachers and assistants at Sunday and charity schools, assistants, ushers, and female teachers, come within these provisions, 13 & 14 W. 3, c. 6; 1 Ann. c. 22; 1 Geo. 1, st. 2, c. 13.

(b) Vide supra, as to Dissenters generally, p.60. As to Quakers,

p.

37.

(c) Vide supra, p. 60. The qualification prescribed by 19 Geo. 3, c. 44, exempts only it is presumed, from penalties on teaching and instructing, not from those incurred by the omission in question.

(d) 19 Geo. 3, c. 44, s. 2. (e)Vide supra, as to Dissenters generally p. 58, as to Quakers, p. 37.

How far ex

tion.

capable of completion (a) elsewhere, should be made by Dissenters in general, at the general sessions of the peace for the county or place where the person desirous of qualifying resides; the justices there are required to tender and administer this qualification to persons offering to make it; and to keep a register thereof, for which the fees of 6d. on registering, and 6d. for any certificate thereof, are severally payable (b).

But the declarations, except that of Protestant belief, which must be taken at the general sessions (c), must, by Quakers, be made at the general quarter sessions (d).

But persons so qualifying are not enabled to obtain or hold the mastership of any college or school of royal foundation, or of any other endowed college or school for the education of youth, unless the same has been founded since the 1st year of the reign of William and Mary, for the immediate use and benefit of Protestant Dissenters (e).

SEC. III.-Of Penalties.

PERSONS employed in the several departments of cused by er tuition, who have neglected or refused to qualify post facto qualifica- specially for this purpose, are exposed to the penalties and disabilities subsequently enumerated; from which it seems, except from those incurred under the 23 Eliz., c. 1, the provision (f) enabling Protestant Dissenters to qualify at any time during a prosecution,

(a) No single justice is empowered, it would seem, to administer the declaration of Protestant belief, 52 Geo. 3, c. 155, s. 7.

(b) 1 W. & M. s. 1, c. 18,

ss. 2, 8; 19 Geo. 3, c. 44, s. 2.

(c) 19 Geo. 3, c. 44, s. 2. (d) 1 W. & M. s. 1, c. 18, s. 13.

(e) 19 Geo. 3, c. 44, s. 3. f) 10 Ann. c. 2.

is no exemption; as it applies only to the penalties and disabilities contemplated by 3d section of the Toleration Act.

Every schoolmaster kept or maintained by any person, body politic, or corporate, who does not repair to church according to the statute, or is not allowed by the ordinary of the diocese where he is so kept, beside incurring the penalties inflicted on Protestant Dissenters generally for the former offence (a), and ecclesiastical censure for both, is, on conviction, before any justices of the peace within a year and a day, or before the justices of Oyer and Terminer and assize and gaol delivery, or justices of the peace at quarter sessions, disabled to teach youth, and liable to imprisonment for one year; but on submitting and conforming before the ordinary or justices at any time previous to judgment, and recognising such submission in open assizes or sessions, he is once discharged from pains and disabilities (b).

Every person who keeps a school or is a schoolmaster out of either of the universities or colleges, except in public or free grammar schools, or in the houses of persons not recusants, who is not licensed by the ordinary of the diocese, forfeits for every day he willingly offends, the sum of 40s., to be recovered in of the courts at Westminster by whoever will sue for the same (c).

any

Every schoolmaster keeping a public or private

(a) Sed vide 52 Geo. 3, c. 155, s. 4, which applies equally to schoolmasters.

(b) 23 Eliz. c. 1, and any person or body politic or corpo

rate, keeping such a schoolmaster, forfeits for every month he keeps him, the sum of 10%.

(c) i Jac. 1, c. 4, s. 9. The person retaining an unlicensed

school, or tutor in a private family, who, at or before his admission to employment, does not subscribe a declaration of conformity before the ordinary, is utterly disabled to keep school, and ipso facto deprived of the same, and the same shall be void as though he were naturally dead (a). And if he instructs or teaches youth before license from the ordinary, (for which he shall pay 12d. only) and subscription of conformity, he is liable to three months imprisonment for the first offence, and for every subsequent offence to the same imprisonment, and a forfeiture of 51. to the king (b).

The canons of the church forbid all persons to teach or instruct youth without license and subscription; and also to keep school in a country town where a public school is already founded; but if a suit is instituted in the ecclesiastical court for disobedience, a prohibition lies as to all but grammarschools, and it would seem, even to them (c).

tutor is liable to the same penalty. It seems, however, that this act extends only to grammar-schools. Ld. Raym.

672.

(a) 13 & 14 Car. 2, c. 4, s. 8, 9, 10.

(b) Ibid, s. 11.

(c) Canons 77, 137, &c. Vide Cox's case, M. 1700. Oldfield's case, M. 9 W.

Cases in Burn's Eccl. L. 325. E. 10 W. M. 10 W. T. 11 W. T. 12 W. Dub. Sal. 672. R. Carth. 464. As to whether the office of schoolmaster is public or private, whether a schoolmaster is a layman, and where a mandamus will lie, vide Gibs. 1110; 3 Burn, Eccl. Law,; Comyn's Digest, title Mandamus, &c.