a 
DISSENTERS. 
held to be oe {chifm, and deried to the church of 
England 3? (refe ring to the ordinance of Pins which en- 
forced the ufe of the Directory, and which infi: Ged i im- 
prifonment for a ycar on the third offence, and pecuniary pe- 
naities on the fo 
nly in a piace of public w 
ily.) The penalties are conditionally fuf- 
by the itatute + W.and M. ft. r.c. for ex- 
ing their majeilies’ proteftant fubje&s, diffenting from 
ae church of England, from the penalties of certain laws,” 
commonly calied the Toreration af (which fee) 5 which 
a&t is confirmed by faine 10 Ann. c.2. and declares, that 
neither the laws above- peereae nor the flatutes 1 Eliz 
§ 14. 3 Jac. I. and 5, nor any other sa laws 
made again ponith ea re (except the te% acts) fhali ex- 
tend to any diffente erg, other than papifts and fuch as deny the 
Trinity: provided, 1. That they take the oaths of allegiance 
and f{upremacy (or make : r affirmation, being quakers, 
itat. 8 Geo. I. ce. and Lubfcribe 
popery; 2 That they repair to fome congr: gation c 
and regiltered in the court of the bifhop ¢ or Eicon, or at 
the county {cfiicns ; 3. That the docrs of fuch meeting-houle 
fhall be unlocked, unbarred, and unbolted, i in default of which 
the perfons meeting there are fini liable to all the penalties of 
the former acis. Diffenting teachers, in order to be exempte 
from the penalties of the “itatutes | 13 and 14 Car. II. c.g 
15C Li a7 Car I].c. 2; and 22 Car . I. are 
alfo to fablerbe the articles of Feuaron mentioned in the fta- 
tute 13 Eliz.c. 12. (which only concerns the confellion of 
the true Chriftian faith and the doGrin 
nes an ex hed he te thofe lune to the 
nt and powers of the church, infant baptif{m: 
if cs foe fabferibin 1g re fame, fhall make and fubfcribe 
the declaration prefcribed by ftatute rg Geo. IIT. c. 44. 
profeffing themfelves to be Chriltians and pro otettants, and 
that they believe the fcriptures to contain the revealed will 
of God, and to be the rule of do&rine and praflice. Thus, 
though the crime of non-conformity, as Blackftone expr-fles 
no means univerfaily abrogated, it is fufpended 
with is ie to thofe proteftant diffenters, 
n the conditions impofcd by thefe 
efe cid one all perfons who will ap- 
prove themfelves no papilts or oppugners of the Trinity, are 
left at full liberty to 2& as their confciences fhall dire& them, 
in the matter of i ae hited 6 and if any perfon fhall 
mptuoufly difturb any congre- 
. 
acher or era — 
r\ dM. bound over to 
the feffions of nie peace, and ae is But b 
5 Geo. I. eg no mayor or principal era ape appear 
at any d'flenting meeting with the enfigns of h ce, on 
pain of difability to hold that or any other afc: the le- 
“to Geo. IIT. are apn. eee e cafe of endowed 
{chools and colleges) from-the pealen - sie ftatutes 13 and 
14 Car. = c. 4. and 17 Car. If. c. 2. which prohibit (upon 
i and imprifonment )all perfons from teaching {chool 
se ey be eae Agi the ordinary, and f{ubfcribe a dec.a- 
oa of confor the liturgy of the church, and reve- 
realy frequent divine aie sflablifped by the laws of this 
Bz 
Diff.aters chofen to any parochial or ward offices, and 
{crupling to take the oaths, may execute the office by deputy, 
who fhall comply with the law in this behalf, (Stat. 1 W. 
& M. ft. 12c 18.) See Constance. Diffcnters are 
not {ubj-@ to fine on refufing to ferve corporation offices. 
For where a freeman of London was pie one of the 
fheriffs, but refufed to take thec on account of his 
being a diflenter, and as fuch not having received the facra- 
ment according to the rites of the church of England, 
tt nt ane obtained a {pecial com- 
mfion a Haas he ee delegates ee both judg- 
ents; and ona writ of error in parliament, this judgment 
of aa was ee med ; the judges (except one) being of 
opinion thatthe defend ant was at liberty to objet to the 
validity of his ele&tion on the ground of his own non con- 
formity. (3 Bro. P.C &vo. ed. 455. Harrifon v. Evans.) 
The general dea ae and fpirit of this decifion, aula in 
this cafe to t heriffs of al ears have n thought 
to extend to t ok of counties ; and in fcveral pre that have 
fince occurred the obligation of ferving this office, under the 
plea o diffent, has not been enforced. 
e diffenters have com slained that judge Blackftone 
has not truly reprefented their prefent legal condition. Ca 
cca to his ftatement mere non-conformity is a crime, 
though, ashe elfewhere fays, not fo great as fome others, 
and is fo confidered = ie eye of the law, notwithftanding 
the toleration-act he penalties, indeed, by that act, ay 
a) Ve the crime 7 li fubhits. ee this ftatement it has 
ved by an able advoc.te of their caufe (fee 
e by P. Pasied ¢ De De 19% 70), that 
{fu {penfion of apie 1s not the nee of the toleration- 
ad ea@ ufes a comorchenfive and forcible expreffion 
which excludes the crime as well as the penalty; it leaves 
thefe penal atutes no operationat all, with re{pe@ to the 
diffenters who are under the foleration adi; it repeals and 
annthilates thofe ftatutes with regard to fuch diffenters, 
The words of the aG are, that thofe cee fhail not be 
conftrued to extend to fuch perfons ; and if they a 
be conftrued to extend.to them, ia ee can be plainer, than 
ny 
C5 
of the church, and its peculiar doftrine, worfhip, difcipline, 
and government are founded wholly upon ae dae law, 
and not at all upon-the common law. d have been 
as weil as more aap : the aoe judge had 
faid, that all penal laws for non-conformity are repealed, 
with regard to thofe diffenters ee are ee ualified as the act 
has been farther alleged t 
e proteftan 
des ‘of worlhip appear to be abolith 
by the aét of toleration, from the proteaii ng claufes of that 
at; which, in the words of a greatlawyer, (the iate lord 
Mansfield.) have rendered the diffenters’ way of worthip 
* not only innocent but lawful; have put it, not merely under 
the comm ieee ade. a 0 
affirming that judgment (Feb. 7, co. in the great caufe 
betweea 
~ 
