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fessedly of the sanguinary kind, that they did all the hurt that could possibly be done in cold blood; though in answer to this it may be observed that these laws were seldom exerted to their utmost rigour.

The penal enactments above referred to have, however, by various statutes passed during the preceding and the present century, been mitigated or repealed; they were in part mitigated by statute 18 Geo. 3, c. 60, with regard to such papists as duly took the oath therein preseribed, of allegiance abjuration of the Pretender, renunciation of the pope's civil power, and abhorrence of the doctrines of destroying and not keeping faith with heretics, and [*64]

* deposing or murdering princes excommunicated by authority of

the see of Rome: in respect of whom only the statute 11 & 12 Will3, c. 4, was repealed — so far as it disabled them from purchasing or inheriting, or authorised the apprehending or prosecuting the popish clergy, or subjected to perpetual imprisonment either them or any teachers of youth.

Further, by the statute 31 Geo. 3, c. 32 (amended and explained by the 43 Geo. 3, c. 30), many of the severe restrictions and penalties already enumerated, were removed from the Roman catholics who were willing to comply with the requisitions of that statute;—that they must appear at one of the courts at Westminster, or at the quarter-sessions held for tho county, city, or place of their residence, and make and subscribe a declaration, that thry professed the Roman catholic religion, and also an oath similar to that required by the 18 Geo. 3, c. 60, and by 43 Geo. 3, c. 30, Roman catholics, taking the oath, and making the declaration prescribed by 31 Geo. 3, c. 32, became entitled to all the benefits given by 11 Geo. 3, c. 60, as fully as if they had taken the oath therein prescribed. On this declaration and oath being duly made by any Roman catholic, the officer of the court was directed to grant him a certificate and such officer was required to transmit yearly to the privy council lists of all persons who had thus qualified themselves in his court within the year. The 31 Geo. 3, c. 32, then provided (1), that a Roman catholic, thus qualified, should not be prosecuted under any statute for not repairing to a parish church, nor for being a papist, nor for attending at or performing a mass or other ceremonies of the church of Rome, in a place for such worship duly certified (m). But the statute requires that no such place of assembly shall have its doors locked or barred during the time of meeting or divine worship (n). [ * 65]

If any Roman catholic be elected constable, * church-warden, over

seer, or into any parochial office, he is permitted to execute the same by deputy (0); and, lastly, it is by this statute further enacted, that if any person disturb a congregation allowed under the act, he shall be bound over to the next sessions, and, upon conviction there, shall forfeit 201. (p).

Great progress towards an entire toleration of persons professing the catholic religion having been made by the above recited enactments, almost all the remaining civil disabilities attaching to them were removed by the 10 Geo. 4, c. 7. By which they are empowered to vote at elections for members of parliament, and to sit in both houses of parliament (9). They may hold offices and preferments of all kinds, except the office of regent of the United

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Kingdom, lord chancellor, lord keeper or lord commissioner of the seal of
Great Britain or Ireland (r), * lord lieutenant or lord deputy of Ire-
land, or lord commissioner of the assembly of the church of Scot-

[ *66 ] land (s), and except any office in the church, or ecclesiastical courts or foundations, universities, colleges, or schools (t).

By subsequent sections of the same act, provision is made for the suppression of the order of Jesuits, and members of other religious orders of the church of Rome, within the United Kingdom (u). They are subject, on coming into the realm, to banishment for life (2); but any protestant secretary of state may grant a licence to any Jesuit to come into the United Kingdom, subject to its revocation at pleasure, and to his being ordered to depart, on neglect of which order he is equally subject to banishment (y). So, the becoming a Jesuit or member of any such religious order within any part of the United Kingdom, subjects the offender to banishment (z). And after having been sentenced to banishment for any offence under the act, the offender, on being found at large without lawful cause, after the end of three calendar months from the time of such sentence, is liable to be transported for life (a). These provisions however do not extend to any religious order consisting of females (6).

We will merely add that still further concessions have been made in favour of the catholic subjects of the crown by various recent statutes (c). * To protestant dissenters aggrieved by the Test and Corporation

[ *67] Acts (d), and by other severe enactments (e), the legislature, imme

(r) But now, by statute 30 & 31 Vict. c.75, trustee or member of any charity or of any 8. 1:

board or institution of which the lord chan. Every subject of her Majesty shall be cellor is now an ex officio trustee or member, eligible to hold the office of lord chancellor and which has for its object the exclusive of Ireland or lord keeper or lord commis- benefit of, or the administration of endow. sioner of the great seal in Ireland, without ments or funds for the exclusive benefit of, reference to his religious belief, on taking members of the established church, or of and subscribing the oath therein set forth, which it is now required by law that such and also any other oath or declaration of trustee or member shall belong to the estaboffice not involving any religious test which lished church. now is or from time to time may be required (8) Sect. 12. to be taken by the holder of the said office. (1) Sect. 16. By sect. 2, in case the said office shall be held (u) See also stat. 23 & 34 Vict. c. 134, 8. 7. by any person not being a member of the (3) Sect. 29. established church, the right of presentation (y) Sect. 30. to any ecclesiastical benefice belonging to (2) Sect. 34. such office shall, while the office is so held, (a) Sect. 36. dovolve upon and be exercised by such per- (6) Sect. 37. son as her Majesty by sign manual may ap- (c) By stat. 2 & 3 Will. 4, c. 115, s. 1, Roman point to exercise the same, and in default of catholics are made subject to the same laws such appointment the right of such presen protestant dissenters with respect to tation shall devolve upon and be exercised schools and places of worship. By stats. 7 by the archbishop of Armagh; also by sect. & 8 Vict. c. 102, and 9 & 10 Vict. c. 59, very 3, in case such office shall at any time be held many penal enactments against catholics are by a person not a member of the established repealed; and the statute 14 & 15 Vict. c. 60, church, the jurisdiction of nominating dele- an act to prevent the assumption by her gates to hear appeals from the ecclesiastical Majesty's Roman catholic subjects of ecclesi. courts in Ireland, and of hearing applications astical titles in respect of places in the United for and issuing commissions of review to Kingdom, and inflicting a pecuniary penalty reconsider the decisions of such courts of for every offence against the act, has been delegates, shall, while the office is so held as suffered to remain a dead letter. See 10 Geo. aforesaid, be exercised by such one of the 4, c. 7, s. 24. chief judges of the courts of chancery or (d) Ante, p. 60. common law in Ireland, being a member of (e) In the reign of Charles II. various opthe established church, as her Majesty shall pressive statutes were enacted against disby sign manual from time to time appoint to


- the Act of Uniformity, 13 & 14 Car. exercise the same ; and such chief judge 2, c. 4; The Five Mile Act, 17 Car. 2, c. 2; shall also, while the office is so held as a fore. The Conventicle Acts, 16 Car. 2, c. 4; 22 Car. said, act in place of the lord chancellor as 2. c. 1.


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diately after the revolution, extended indulgence by greatly mitigating the disabilities and restrictions under which they had previously laboured. The penalties imposed upon them by the statutes below cited (f), were conditionally suspended by the statute 1 Will. & M. st. 1, c. 18, "for exempting their majesties' protestant subjects, dissenting from the church of England, from the penalties of certain laws,"-commonly called the Toleration Act (which was confirmed by the 10 Anne, c. 2); this statute, inter alia, required that protestant nonconformists, in order to entitle themselves to the benefits conferred by it, should, 1, take the oaths of allegiance and supremacy (or make a similar affirmation, being quakers), and subscribe the declaration against popery; 2, should repair to some congregation registered as specified in the act; 3, that the doors of the meeting-house in which they assemble should be unlocked, unbarred, and unbolted; in default of which the persons meeting there were still liable to the penalties of the former acts. This statute enacted also that if any person should wilfully, maliciously, or contemptuously disturb any congregation, assembled in any church or permitted meeting-house, or should misuse any preacher or teacher there, he should be bound over to the sessions of the peace, and forfeit 201. The Toleration Act likewise exempted dissenting teachers from the statutory penalties previously imposed on them

conditionally, on * their observance of certain requirements, and it [ * 68 ]

further enacted (g) that if any person dissenting from the church of England be appointed to the office of constable, church-warden, overseer of the poor, or other parochial office, and shall scruple to take upon him the said office in regard of anything required by law to be done in respect thereof, he might execute such office by deputy.

By statute 52 Geo. 3, c. 155 (k), the free exercise of religion was in some important particulars (i) yet further permitted to protestant nonconformists,

and at length the * obnoxious provisions of the Test and Corporation [ * 69 ]

Acts, so far as they related to the imposing of a sacramental test and to the infliction of penalties for not taking it, were repealed by the statute 9

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(f) 23 Eliz. c. 1; 29 Eliz. c. 6; 35 Eliz. C. teach or preach, under a penalty not exceed 1; 22 Car. 2, c. 1.

ing 101. nor less than 108.; but he need no (g) Sect. 7.

go more than five miles from his place of (h) Repealing the 13 & 14 Car. 2, c. 1; 17 residence to take such oath. And by sect. 6, Car. 2, c. 2; and 22 Car. 2, c. 1.

such person may compel a justice to admin. (i) By sect. 1 of this act, all places of re- ister such oath to him, and to attest his subligious worship of protestants must be certi- scription to such declaration, and give him a fied to the bishop of the diocese, or the arch- certificate thereof. By sect. 11, no place of deacon of the archdeaconry,or to the justices public meeting for religious worship must at the general or quarter sessions, and shall have the doors fastened, so as to prevent per be also registered, and a penalty to the sons entering therein during the time of such amount of 201. and not less than 20s. may be meeting, under a pecuniary penalty to the inflicted for permitting meetings in places teacher. By stat. 5 Geo. 1, c. 4, it had been not so certified or registered. (As to regis. enacted that no mayor or principal magistering dissenting places of worship, see fur: trate should, subject to certain penal consether the stats. 18 & 19 Vict. cc. 81 & 86.) quences, appear at any dissenting meeting And by sect. 4, every person teaching or with the ensigns of his office, but by stat. 30 preaching at, or being in, such place so cer. & 31 Vict. c. 75, sect. 4, “ Every person holdtified, is exempted from penalties, as a per- ing any judicial or civil or corporate office son who has taken the oath, and made the may attend and be present at any place of declaration prescribed by the 1 W. & M. st. public meeting for religious worship in Eng1, c. 18, or any act amending the same. By land, Ireland, or Scotland in the robe, gown, sect. 5, every one preaching or teaching at or other peculiar habit of his office, or with such place so certified, shall, when required the ensign or insignia of or belonging to the by a magistrate, take and subscribe the oath same, without incurring any forfeiture of and declaration specified in the 19 Geo. 3, c. office or penalty for such attendance." 44; and if he refuse to take it, he must not


Geo. 4, c. 17, which has itself been since supplemented by various very liberal enactments, framed to prevent the exclusion from corporate and other offices of protestant nonconformists on the ground of their religious convictions (k).

IV. The fourth species of offence falling within the limits of our present enquiry, is blasphemy against the Almighty, by denying his being or

providence; or by contumelious reproaches of our Saviour, IV. Blasphemy.

Christ (1). (635) Whither also may be referred all profane scoffing at the holy scripture, or exposing it to contempt and ridicule. These are offences punishable at common law by fine and imprisonment, or corporal punishment (m): for christianity is part of the laws of England (n).

V. Another offence against religion consists in reviling the ordinances of the church. By statutes 1 Edw. 6, c. 1, and 1 Eliz. c. 1 (c), it is provided, that whoever reviles the sacrament of the Lord's Supper shall be punished by

* fine and imprisonment; and by the 1 Eliz. c. 2, if any V Reviling

minister speak anything in derogation of the book of [ * 70 ] of church.

common prayer, he is punishable by imprisonment and deprivation. And if any person whatsoever in plays, songs, or other open words, speak anything in derogation, depraving, or despising of the said book, or forcibly prevent the reading of it, or cause any other service to be used in its stead, he will render himself liable to fine, forfeiture, and imprisonment. But this statute, so far as it related to Roman catholics, was repealed by the 31 Geo. 3, c. 32, s. 3.

VI. Somewhat allied to the two preceding offences, though inferior in degree, is that of profane and common swearing and cursing. By the last VI. Profane

statute against which, 19 Geo. 2, c. 21 (P), repealing all former swearing.

enactments upon the subject, every labourer profanely cursing or swearing shall forfeit 1s.; every other person under the degree of a gentle

(k) By the 30 & 31 Vict. c. 62-reciting that the exercise or enjoyment of which the tak. by various acts a certain declaration against ing, making, or subscribing the declaration transubstantiation, the invocation of saints, by this act abolished is now by law a necesand the sacrifice of the mass is required to sary qualification, or any other civil office, be made, and subscribed by the subjects of franchise, or right from which he is now by her Majesty for the enjoyment of certain law excluded (s. 2). See also the following civil offices, franchises, and rights :- it is statutes, 29 & 30 Vict. c. 22 ; 9 & 10 Vict. c. enacted that all such parts of the said acts 59. as render the said declaration a necessary (1) R. v.Waddington, 1 B. & C. 26; Reg. v. qualification for the exercise of any such Moron, 1 Townsend's St. Tr. 356. office, franchise, or right shall be repealed (m) 1 Hawk. P. C. 7. (s. 1). But nothing in the act contained shall (n) Per Best, J., 1 B. & C. 29. be construed to enable any person professing (0) Sect. 14. the Roman catholic religion to exercise or (p) As to which, see Reg. v. Scott, 33 L. J. enjoy any civil office, franchise, or right for M. C. 15.

(635) Every act done maliciously, tending to bring religion into contempt, may be punished at common law. Lindenmuller v. The People, 33 Barb. 548; S.C., 21 How. 156. Thus blasphemy against God, and contumelious reproaches, and profane ridicule of Christ or the Holy Scriptures, are offenses punishable at the common law, whether uttered by words or writings. People v. Ruggles, 8 Johns. 290; Updegraph v. Com., 11 Serg. & R. (Penn.) 394; Com. v. Kneeland, 20 Pick. (Mass.) 206. Such offenses are held to be indictable as tending

sap the foundations of Christianity, and to disturb the peace and corrupt the morals of the community. Ib. And see State v. Chandler, 2 Harr. (Del.) 553; State v. Jones, 9 Ired. (N. C.) 38; State v. Kirby, 1 Murph. (Tenn.) 254 ; State v. Ellar, 1 Dev. (N. C.) 267.

Intoxication is no excuse on an indictment for blasphemy. It only aggravates the offense, People v. Porter, 2 Park. 14.



man, 28.; and every gentleman or person of superior rank, 58. to the poor of the parish; and, on a second conviction, double; and, for every subsequent offence, treble the sum first forfeited; with all charges of conviction: and in default of payment may be sent to the house of correction for ten days. Any justice of the peace may convict upon his own hearing, or the testimony of one witness; and any constable or peace officer, upon his own hearing, may secure any offender and carry him before a justice, and there convict him (q). (636)

VII. A seventh offence against religion, of which our ancient books are full, viz., witchcraft, conjuration, enchantment, or sorcery, has become entirely obsolete; indeed it has been expressly enacted by statute 9 Geo. 2, c. 5 (r), VII. Witchcraft,

that no prosecution shall for the future be * carried conjuration,

[*71] enchantment,

on against any person for such supposed offence; but by

the 5 Geo. 4, c. 8, s. 4, persons pretending or professing to tell fortunes, or using any subtle craft, means, or device, by palmistry or otherwise, to deceive and impose upon any of her majesty's subjects, shall be deemed rogues and vagabonds, and be subject to a year's imprisonment and hard labour.

or sorcery.

VIII. An eighth species of offenders in this class may include religious imposters : persons who falsely pretend an extraordinary commission from VIII. Religious heaven; or terrify and abuse the people with false denunciations imposters. of judgments. These, as tending to subvert religion, by bringing it into ridicule and contempt, are punishable by the temporal courts with fine, imprisonment, and corporal punishment (8).

IX. Profanation of the Lord's day constitutes a ninth orfence against religion, punished by the municipal law of England. (637) For, besides the noto

rious indecency and scandal of permitting any secular business to

be publicly transacted on that day, in a country professing christianity, and the corruption of morals which must follow its profanation, the

(9) The conviction however must be within (r) Sect. 3. eight days after the offence, sect. 12.

(8) 1 Hawk. P. C. 7.

IX. Sabbath

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(636) Profane swearing is a species of blasphemy, and is an indictable nuisance at the common law. State v. Graham, 3 Sneed (Tenn.), 134; State v. Ellar, 1 Dev. (N. C.) 267. State v. Kirby, 1 Murphy (N. C.), 254. So the statutes of many of the States have special provisions making blasphemy and profaneness criminal. Ib. And see The State v. Jones, 9 Ired. (N. (..) 38; State v. Chandler, 2 Harr. (Del.) 553 ; Com. v. Kneeland, 20 Pick. (Mass.) 206 ; Odell v. Garnett, 4 Blackf. (Ind.) 549; Holcomb v. Cornish, 8 Conn. 375; Updegraph v. Com., 11 Serg. & R. (Penn.) 394.

(637) To perform unnecessarily any secular labors on the Lord's day, or Christian Sabbath, in such a way as to disturb the worship of others, has been held indictable at common law. Com. v. Irandell, 2 Grant (Penn.), 506; Lindenmuller v. People, 33 Barb. 548; S. C., 21 How. 156. But see State v. Brooksbank, 6 Ired. (N. C.) 73. Practically this question is of little importance, as in the United States generally the violation of the Lord's day is made punishable by statute. And the constitutionality of such statutory provisions has been sustained by the courts. See Specht v. Com., 8 Barr (Penn.), 312 ; Shaver v. T'he State, 5 Eng. (Ark.) 259; Voglesong v. State, 9 Ina. 112 ; Foltz v. State, 33 id. 215; Lindenmuller v. People, 33 Barb. 548; Com. v. Colton, 8 Gray (Mass.), 488 ; State v. Ambs, 20 Mo. 214; Ex parte Bird, 19 Cal. 130; Ex parte Andreus, 18 id. 678; Matter of Granger, 7 Phila. (Penn.)


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