to their usual place of worship, tolerated by law, on Sundays, or on any day on which divine service is by authority ordered to be celebrated (a). Incidental In some instances, which will be more particularly exemptions. noticed in a subsequent chapter, they have an incidental advantage over the conformists, in being exempted from certain offices, burdensome although honorary, to which the sacramental test is annexed (b); and being permitted to serve certain other offices to which that test is not annexed, by deBona fide puty (c). But it must be observed, that this advanDissenters. tage, as well as the benefit of various remedial Tithes and other parochial dues. enactments and decisions of the courts hereinafter mentioned, can be enjoyed by those persons only, who are bona fide Dissenters (d). On the other hand, they are not exempted from tithes or any other parochial duties, or any other duties to the church or minister; an express provision to this effect being introduced into the Act of Toleration (e). But although liable to pay all ecclesiastical dues imposed by law, or supported by admissible custom (ƒ), no custom will sustain a demand of fees in respect of a service not performed: and custom alone justifies a demand of fees for baptizing, marry 32. (a) 3 Geo. IV., c. 126, s. (b) Harrison v. Evans, Dom, Proc. 1767. Journals, 475. 3 Bro. P. C. 465. Wilmot, 130. (c) 1 W. & M., ss. 1, c. 18, s. 7. (d) Harrison v. Evans, supra. The peculiar exemptions and privileges of Quakers and Moraviáns are treated separately, vide infra, Summary. (e) 1 W. & M., st. 1, c. 18, s. 6. (f) Willes, 629. The custom is triable at law, Salk. 86. ing, or burying, none being imposed either by the canon, or common law (a). canon In connection with this subject may here be men- Effect of tioned, that the canon laws have, intrinsically, no laws. force or authority in this kingdom: their obligatory power, in some instances, being derived solely from their recognition and adoption by our own codes; hence the canons allowed by James I., not having been confirmed by parliament, do not, in certain cases, and never ex proprio vigore, bind the laity (b). It is scarcely necessary to add, that the means of Common enforcing rights, and redressing wrongs, are common modes of procedure. to all liege subjects, without distinction of sect or party it were superfluous, therefore, to follow the subject into the respective courts, in which justice is impartially administered to all suitors. Of Penal Enactments in general. THERE being no usage or custom independent of Protestant positive law, to make Protestant dissent a crime (c), it dissent an offence by follows that its punishment results from express en- statute law actments only, and is entirely governed by them, only. both as to its manner and degree. The rule controlling all penal enactments, may Rule as to be mentioned of this particular class of them, namely, penal enthey admit neither of forced construction, nor ana actments. Mod. 238. 1 Mod. 167. Remedial statutes. Division of the Sum mary. Of the Effect of the Toleration Acts. THE penal enactments now actually in force, are comparatively few, the major part having been absolutely, or virtually repealed, by a succession of remedial statutes and those which survive, are so far modified by the lenient interposition of the legislature, that, in their present mode of administration, they deduct, in no very considerable degree, from practical liberty. In their mildest form, however, they are oppressive in this respect; that they suspend some of the absolute rights of citizenship, on conditions, and convert common privileges into subjects of especial grace and favour. Among the remedial statutes, the Toleration Act (a) takes precedence, as well in the expansive liberality of its enactments, as in chronological order; and the statutes of 52 Geo. III., c. 155, and 53 Geo. III., c. 160, close the series of material concessions. We shall have frequent occasion to quote them as repealing, mitigating, or suspending the rigour of the penal statutes. In this place, more is deemed unnecessary, than to state their general effect. Of the penal Enactments, considered in relation to the Parties they peculiarly affect. In order to obtain a distinct view of the subsisting penal statutes, and the manner and degree, where any, in which they are affected by the Toleration Acts, it will be convenient to consider them in the following order: (a) 1 W. & M., s. 1, c. 18; act by 19 Geo. III., c. 44.. and declared to be a public I. Of the Laws affecting Protestant Dissenters generally. II. Of those peculiarly affecting their Clergy. III.-Of such as peculiarly affect their Schoolmasters. IV. Of those relating to their Places of Worship. PART I. OF THE LAWS AFFECTING PROTESTANT DIS SENTERS GENERALLY. CHAP. I. OF THEIR CIVIL DISABILITIES AND EXEMPTIONS. SEC. I. Of the Sacramental Test. 1.-As a qualification for office under the Corporation Act (a). IN considering the several sections of this chapter, How far it is necessary to observe that they are only incident- altered by the Toleally affected by the Toleration acts. ration act. to be taken. No person may be placed, elected, or chosen, Sacrament in, or to the office of mayor, alderman, recorder, and oaths bailiff, town clerk, common council man, or in or to any other office relating to the government of cities, corporations, boroughs, and cinque ports, and their members, and other port towns in England, Wales, or the town of Berwick on Tweed, who has not (a) 13 Car. II., st. 2, c. 1, amended as to oaths, &c. by 1 D Geo. II., st. 2, c. 13. 5 Geo. As to re moval. within one year next before such election or choice, taken the sacrament of the Lord's supper, according to the rites of the church of England, and who does not on his admission, whether the same be tendered or not (a), take the oaths of allegiance and supremacy, and the usual oaths of office, before the person or persons legally authorised to administer the same (b), and in default thereof the election is void. But no person so placed, elected, or chosen as aforesaid, can be removed by the corporation, or otherwise prosecuted, by reason of his omitting to take the sacrament, nor will any incapacity, disability, forfeiture, or penalty be incurred thereby, unless such person is removed or prosecuted within six months after obtaining actual possession of his office (c), and such prosecution is carried on without wilful delay (d). It appears, that before the last mentioned enactment, the objection of not having received the saCorporation crament within a year, might have been taken to the Effect of the 5 Geo. I., c. 6, on the act. candidate, at the time of his election; when actually elected, at the time of his admission; and after his admission, at any future time, just as for a defect in other precedent qualification (e). Since that en (a) R. v. Mayor, &c. Oxon, Salk. 428. 5 Mod. 316. Comb. 419. Holt. 438. S. C. C. P. R. v. Thacker, T. Jones, 121. Trem. 517. 2 Show. 66; vide Denning v. Norris, 2 Lev. 242. 2 Show. 67. S. C. Semb. cont. (b) The person authorised to administer the oaths is usually designated by the charter: in default of which, two justices of the corporation, and, in default of them, two justices of the county may administer, s. 12, or a dedimus may be procured, 1 Str. 539. (c) 2 Lord Raymond, 1354. 1 Str. 585. S. C. C. P. Cowp. 536, 539. 2 Burr. 1013. (d) 5 Geo. I.,s. 3, a rule nisi, is a sufficient commencement of prosecution under this statute, 3 T. R. 514, n. (b) (e) 1 Kyd. 357-2. |