5. Of permitting unlawful Conventicles to be held. EVERY person (a) who knowingly permits a reli- Penalty on gious assembly, consisting of more than twenty per- such to be permitting sons beside his own immediate family and servants, held. to meet in any uncertified place, occupied by himself, forfeits, for every such meeting contrary to law, a sum not exceeding 207.. nor less than 20s., at the discretion of two or more justices of the peace, before whom he is convicted. This penalty may be levied by distress; and in case of no sufficient distress, the justices convicting may commit the offender to prison for any period not exceeding three months. An appeal lies from this conviction to the general or quarter sessions, on written notice being given to the convicting justices of the intention of the party to prefer an appeal. The justices at sessions, have a power to entertain the appeal, and to award costs against the parties, not exceeding 40s; but prosecutions for this penalty must be brought within six months after commission of the offence; and no person who suffers imprisonment for nonpayment of the penalty, is afterwards liable to its payment. On appeal from this conviction, it would seem incumbent on the appellant, where the offence on which the conviction is grounded is denied, to prove a compliance with the terms of the act under which he is convicted (b). (a) 52 Geo. 3, c. 155, ss. 2, 15, 16, 17. t (b) Rex v. Hall, 1 T. R. 320. CHAP. III. Oaths to government Declara itons. OF OATHS AND DECLARATIONS. THE oaths to government already alluded to, as finally settled by various statutes, are those of allegiance (a), supremacy (b), and abjuration (c). Of the declarations, the most common is the declaration against transubstantiation (d); to which must be added, the declaration of Protestant belief (e) peculiar to Protestant Dissenting ministers and schoolmasters; and those mentioned in a preceding chapter, to be required of Quakers and Moravians (ƒ). These oaths, and the declaration against transubstantiation, being not peculiar to Protestant Dissenters, nor, as at present framed, any of them inconsistent with their religious principles, (except with those of Quakers and Moravians, for whom a distinct provision is made), the design of this chapter does not admit of more than a brief statement of (a) 3 Jac. 1, c. 4; 1 W. & M., s. 1, c. 8, and finally 1 Geo. 1, s. 2, c. 13. (b) Hen. 8: 1 Eliz. c. 1; 1 W. & M., s. 1, c. 8, and finally 1 Geo. 1, s. 2, c. 13. (c) 13 W. 3, c. 6; 1 Anne, s. 1, c. 22; 5 Anne, c. 8; 6 Anne, c. 7; 1 Geo. 1, st. 2, c. 13, and finally 6 Geo. 3, c. 53. But the abjuration to be made (d) 25 Car. 2, c. 2. the mode of taking and subscribing them, and the consequence of neglect or refusal. We shall consider, first, the cases within this sub> ject, in which the oaths and declarations may be required; and subsequently, those in which they may be taken and subscribed voluntarily. SEC. I.-Of requiring Oaths and Declarations. of all. By the common-law, the oath of fealty or alle- Allegiance giance may be tendered to all persons above the age of twelve years, whether natives, denizens, or aliens, either in the court-leet of the manor (except in the case of aliens), or the sheriff's tourn, which is the court-leet of the county (a). tion at the By statute, it is enacted, that any two justices of Allegiance the peace, or any other person specially appointed and abjuraby order in privy council, or by commission under discretion of the great seal, may tender the oaths to government, justices. except the oath of supremacy (or the declaration in lieu thereof, in the case of Quakers and Moravians), to any person whom they suspect of disaffection (b); and every person neglecting or refusing to take, or make them, on certificate thereof, incurs the penalties of Popish recusancy (c). And the same individuals, by writing, under their hands and seals, personally served, or left at the usual place of residence, with one of the family, may sum (a) 2 Inst. 121: 1 Hale, P. C. 64. (b) Affidavits are exempted from stamps, 55 Geo.3, c. 184. (c) 1 Geo. 1, st. 2, c. 13, s. 10. 31 Geo. 3, c. 32, s. 18, as to oath of supremacy. Penalties mon any person to appear before them, to take the said oaths, excepting that of supremacy (or make the aforesaid declaration, being a Quaker or Moravian), and if he neglects or refuses, on proof of service of summons, certificate of refusal may be made to the next quarter sessions; and on neglect or refusal there to appear, and take the said oaths, or make the said declaration, his name being publicly read at their first meeting, he incurs the penalties of Popish recusancy (a). But these penalties are discharged, on compliance discharged. at any subsequent period (b). when Oaths, &c. of ministers. Declaration of Quakers. Of all per ted to office, A single justice may require the oaths of allegiance and supremacy, the declaration against transubstantiation, and of Protestant belief, of every Protestant Dissenting preacher or teacher officiating without having taken the said oaths and declaration against transubstantiation; who is liable on officiating before compliance with this requisition, to certain penalties mentioned in a subsequent chapter (c). And a single justice, in like manner, may require of every Quaker attending a meeting for the exercise of religion, the declarations of fidelity and of transubstantiation, under the penalties mentioned in a preceding chapter (d). And all persons admitted to offices enumerated sons admit- in a preceding section on qualification for office under the crown(e), as well as to certain other offices, preferments, and employments, specified in &c. (a) 1 Geo. 1, st. 2, c. 13, ing in certified places. s. 11. (b) Ibid, s. 26. (d) Vide supra, p. 55. various statutes, but subject to the provisions, exceptions, and exemptions in the preceding section mentioned, must within six calendar months (a) after their admission to, or entry on them respectively, between the hours of nine and twelve in the forenoon, in the courts of Chancery, King's Bench, Common Pleas, Exchequer, or general Quarter sessions for the county, city, or place where they respectively reside, or in case of a peer, it may be in parliament if sitting, take and subscribe or set their mark to all the said oaths and the declaration against transubstantiation; of which a register is to be kept, and for which, except in the case of seamen or soldiers under the degree of commission or warrant-officer, a fee of 28. must be paid. And a special commission may be issued by the crown, to administer the said oaths to persons engaged in the military or naval service (b). And all persons on whom the duty devolves, Penalties who neglect or refuse to take and subscribe the said oaths, or, being Quakers or Moravians (c), to make the declarations and affirmation in lieu of them, in manner aforesaid, are ipso facto, and altogether incapacitated to hold, execute, or enjoy such office or em ployment, or the profits appertaining thereto; and the same becomes void. And every person thus neglecting or refusing to qualify, who, after the time for so doing has expired, by himself, his deputy, or trustee, executes the said office or employment, on on omission |