and test acts the In order the better to secure the established church The corporation against perils from non-conformists of all denominations, in- church: their be bound over to the next sessions, and upon conviction there, shall forfeit twenty pounds.. But no roman catholic minister shall officiate in any place of worship having a steeple and a bell, or at any funeral in a church or churchyard, or shall wear the habits of his order, except in a place allowed by this statute, or in a private house, where there shall not be more than five persons besides the family. This statute shall not exempt roman catholics from the payment of tithes, or other dues, to the church; nor shall it affect the statutes concern. ing marriages, or any law respecting the succession to the crown. No person, who has qualified, shall be prosecuted for instructing youth, except in an endowed school, or a school in one of the English universities; and except also, that no roman catholic schoolmaster shall receive into his school the child of any protestant father; nor shall any roman catholic keep a school until his, or her name be recorded as a teacher at the sessions. But no religious order is to be established; and every endowment of a school or college by a roman catholic shall still be superstitious and unlaw. ful. And no person henceforth shall be summoned to take the oath of supremacy, and the declaration against transubstantiation. Nor shall roman catholics, who have qualified, be removable from London and Westminster; neither shall any peer, who has qualified, be punishable for coming into the presence, or palace, of the king or queen. And no papists whatever shall be any longer obliged to register their names and estates, or enrol their deeds and wills. And every roman catholic, who has qualified, may be permitted to act as a barrister, attorney, and notary. The roman catholics cannot sit in either house of parliament, because every member of parliament must take the oath of supremacy, and repeat and subscribe the declaration against transubstantiation: see 1 vol. 162. Nor can they vote at elections for the members of the House of Commons, because, before they vote, they must take the oath of supremacy. Ibid. 180. The roman catholics in Ireland are permitted to vote at elections, but they cannot sit in either house of parlia ment. A bequest or disposition for the purpose of educating children in the roman catholic religion is unlawful. But the fund will not pass to the testator's next of kin, but it shall be applied to such charitable purposes as his Majesty shall please to direct by his sign manual. Cary v. Abbot, 7 Ves. jun. 490.-CH. (8) By 43 Geo. III. c. 30, all roman catholics who shall take and subscribe the declaration and oath specified in the 31 Geo. III. c. 32, are as fully entitled to the benefits of the 18 Geo. III. c. 60, as if the oath prescribed by that act had been taken. 53 Geo. III. c. 128, provides certain rules as to taking commissions in the army, and relieves roman catholics from the restrictions and penalties contained in 25 C. II. e. 2. But now by the 10 Geo. 4, c. 7, intituled "An Act for the relief of his Majesty's Roman Catholic Subjects," and reciting that, by various acts of parliament, certain restraints and disabilities are imposed on the roman catholic subjects of his Majesty, to which other subjects of his Majesty are not liable; and the expediency that such restraints and disabilities should be from thenceforth discontinued; and that by various acts certain oaths and certain declarations, commonly called the declaration against transubstantiation, and the declaration against transubstantiation and the invocation of saints, and the sacrifice of the mass, as object explained. fidels, turks, jews, heretics, papists, and sectaries, there are however two bulwarks erected, called the Corporation and practised in the church of Rome, are or may be required to be taken, made, and subscribed by the subjects of his Majesty, as qualifications for sitting and voting in parliament, and for the enjoyment of certain offices, franchises, and civil rights: It is enacted, Sect. 1, That from and after the commencement of that act, (23d April, 1829, § 40); all such parts of the said acts as require the said declarations, or either of them, to be made or subscribed by any of his Majesty's subjects as a qualification for sitting and voting in parliament, or for the exercise or enjoyment of any office, franchise, or civil right, be, and the same are (save as hereinafter provided and excepted) thereby repealed. By sect. 2, catholics may sit and vote in parliament on taking the following oath : "I, A. B., do sincerely promise and swear, that I will be faithful and bear true allegiance to his Majesty King George the Fourth, and will defend him to the utmost of my power, against all conspiracies and attempts whatever, which shall be made against his person, crown, or dignity; and I will do my utmost endeavour to disclose and make known to his Majesty, his heirs, and successors, all treasons and traitorous conspiracies which may be formed against him or them; and I do faithfully promise to maintain, support, and defend, to the utmost of my power, the succession of the crown, which succession, by an act intituled An Act for the further limitation of the Crown, and better securing the rights and liberties of the Subject,' is and stands limited to the Princess Sophia, Electress of Hanover, and the heirs of her body, being protestants; hereby utterly renouncing and abjuring any obedience or allegiance unto any other person claiming or pretending a right to the crown of this realm; and I do further declare, that it is not an article of my faith, and that I do renounce, reject, and abjure the opinion, that princes excommunicated or deprived by the Pope, or any other authority of the See of Rome, may be deposed or murdered by their subjects, or by any person whatsoever; and I do declare, that I do not believe that the Pope of Rome, or any other foreign prince, prelate, person, state, or potentate, hath, or ought to have any temporal or civil jurisdiction, power, superiority, or pre-eminence, directly or indirectly, within this realm; I do swear, that I will defend to the utmost of my power, the settlement of property within this realm, as established by the laws; and I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment, as settled by law within this realm; and I do solemnly swear, that I never will exercise any privilege to which I am or may become entitled, to disturb or weaken the protestant religion or protestant government in the united kingdom; and I do solemnly, in the presence of God, profess, testify, and declare, that I do make this declaration, and every part thereof in the plain and ordinary sense of the words of this oath, without any evasion, equivocation, or mental reservation whatsoever. So help me God." By sect. 3, the name of the sovereign for the time being is to be used in the oath. By sect. 4, no catholic shall sit or vote in parliament until he has taken the oath. By sect. 5, catholics may vote at elections of members of parliament for England and Ireland, and at elections of representative peers of Scotland and Ireland, and be elected such peers upon taking the oath. By sect. 6, the oath shall be administered in the same manner as former oaths. By sect. 7, persons administering Test Acts (9), by the former of which (e) no person can be legally elected to any office relating to the government of any (e) Stat. 13 Car. II. st. 2, c. 1. the oath at elections shall take an oath duly to administer. By sect. 8, so much of any acts as requires the formula contained in 8 & 9 Wm. 3, c. 3, (Scotland), to be tendered or taken, is repealed, and catholics may elect and be elected members of parliament for Scotland. By sect. 9, no catholic priest can sit or vote in the House of Commons. By sect 10, catholics, upon taking the oath, may hold civil and military offices under the crown, except (sect. 12), those of guardians, and justices of the kingdom, regent, lord chancellor, lord keeper, or lord commissioner of the great seal, lord lieutenant of Ireland, and high commissioner to the general assembly of the church of Scotland. By sect. 11, catholics are not to be exempt from taking any other oaths of office required. By sect. 13, nothing in the act contained shall affect or alter the 7 Geo. IV. c. 72. By sect. 14, catholics may be members of lay corporations, upon taking the oath. By sect. 15, such members of lay corporations shall not vote in ecclesiastical appointments. By sect. 16, catholics shall not hold offices, &c. in the established church, or ecclesiastical courts, universities, colleges, or schools; nor present to benefices. By sect 17, presentations to benefices belonging to offices held by catholics, shall devolve upon the archbishop of Canterbury. By sect. 18, catholics shall not advise the crown in the appointment to offices in the established church. Sect. 19, prescribes the time and manner of catholics taking oaths for corporate offices, &c. Sect. 20, does the same with res pect to other offices. Sect. 21, imposes a penalty upon catholics acting in offices without taking the oath, and avoids the offices. By sect. 22, naval and military officers shall take the oath. By sect. 23, no other oaths shall be necessary to be taken by catholics. Sect. 24, imposes a penalty upon catholics assuming titles to sees, &c. By sect. 25, judicial or other officers shall not attend with the insignia of office at any place of worship, other than the established church, under a penalty. By sect. 26, catholic ecclesiastics shall not officiate, except in their usual places of worship, or in private houses, under a penalty. By sect. 27, nothing in the act contained shall repeal, alter, or affect the 5 Geo. 4, c. 25. Sect. 28, provides for the suppression of jesuits, and other religious orders of the church of Rome. By sect. 29, jesuits, &c., coming into the realm, shall be banished. By sect. 30, natural born subjects, being jesuits, may return into the kingdom, and be registered. By sect. 31, licences may be granted to jesuits, &c., to come into the kingdom and be registered. By sect. 32, accounts of such licences shall be annually laid before parliament. By sect. 33, admitting persons as members of such religious orders is made a misdemeanor. By sect. 34, any person so admitted a member of such religious order shall be banished. By sect. 35, the party so offending, and sentenced, may after thirty days be conveyed out of the kingdom, &c. By sect. 36, if found at large after [*59 ] city or corporation, unless, within a twelvemonth before he has received the sacrament of the Lord's Supper according to the rites of the church of England; and he is also enjoined to take the oaths of allegiance and supremacy at the same time that he takes the oath of office: or, in default of either of these requisites, such election shall be void (10). The other, called the Test Act (f), directs all officers civil and military to take the oaths and make the declaration against transubstantiation, in any of the king's courts at Westminster, or at the quarter sessions, within six calendar months after their admission; and also, within the same time (11), to receive the sacrament of the Lord's Supper, according to the usage of the church of England, in some public church immediately after Divine service and sermon, (f) Stat. 25 Car. II. c. 2, explained by 9 Geo. II. c. 26. three months, he may be transported dental rights of his office in as full an for life. By sect. 37, these provisions are not to extend to female societies. And sect. 38, provides for the recovery of penalties imposed by the act. (9) These "bulwarks of the church," as the learned judge enthusiastically terms them, have now to the satisfaction of almost all classes of society, been for some years swept away; nor do any fears appear at present to be entertained, that the established church will in consequence be robbed of her security from "the perils of non-conformists." See post 59, note (13). (10) By the 5 Geo. I. c. 6, § 3, the election into a corporate office shall not be void on account of the person elected having omitted to receive the sacrament within a year before the election, unless he shall be removed within six months after his election, or unless a prosecution be commenced within that time, and be carried on without delay; and during that time the office is not void, but only voidable; and the person elected, until a removal or prosecution within the time limited, is entitled to all the inci extent as if he had actually received the sacrament within a year previous to his election. 2 Burr. 1016.-CH. (11) The 25 Car. II. c. 2, the ori ginal test act, required, that both the sacrament and the oaths should be taken within three months; and by subsequent statutes, the time for taking the oaths has been enlarged to six months; but the time for taking the sacrament remains unaltered, which must still be taken within three months after admission into the office. And by several statutes subsequent to the test act, various descriptions of persons, whose offices are not considered civil or military, are required to take the oaths within six months after their respective appointments, though they are not required to take the sacrament. Amongst these are all ecclesiastical persons promoted to benefices, members of colleges who have attained the age of 18 years, teachers of scholars or pupils, dissenting ministers, high constables, and practisers of the law, 1 Geo. I. st. 2. c. 13; 2 Geo. II. c. 31; 9 Geo. II. c. 26.-CH. and to deliver into court a certificate thereof signed by the minister and church-warden, and also to prove the same by two credible witnesses; upon forfeiture of 500l., and disability to hold the said office (12) (13). And of much the same nature with these is the statute 7 Jac. I. c. 2, which permits no persons to be naturalized or restored in blood, but such as undergo a like test: which test having been removed in 1753, in favour of the Jews, was the next session of parliament restored again with some precipitation. Thus much for offences, which strike at our national reli Different views of the spiritual and temporal gion, or the doctrine and discipline of the church of England in particular. I proceed now to consider some gross im- courts in punishing such offences. (12) But before the end of every sessions of parliament, an act is passed to indemnify all persons who have not complied with the requisition of the corporation and test acts, provided they qualify themselves within a time specified in the act; and provided also, that judgment in any action or prosecution has not been obtained against them for their former omission.-CH. (13) By the 9 Geo. IV. c. 17, intituled "An Act for repealing so much of several Acts as imposes the necessity of receiving the sacrament of the Lord's Supper as a qualification for certain offices and employments," section 1, such parts of the acts enumerated by the learned judge as require the persons therein described to receive the sacrament for the purposes therein expressed, are repealed. Section 2 prescribes the form of a declaration to be used in lieu of the sacramental test; which, by section 3, is to be made and subscribed in the presence of two magistrates of the borough or division, and to be enrolled in a book kept for that purpose. By section 4, persons elected to any office neglecting to make such declaration, their election is to be void. Section 5 directs that persons admitted to any office under the crown, which heretofore required the taking of the sacrament, shall make the declaration within six months, By or their appointments to be void. section 6, this declaration is to be made in the Court of Chancery, or King's Bench, or at the Quarter Sessions. Section 7 makes a proviso for naval and military officers below the rank of rear admiral, major general, or colonel in the marines, and also certain officers of the revenue, who are not required to make the declaration. Section 8 indemnifies persons now holding offices, which heretofore required the taking of the sacrament, and who have omitted taking it, from all penalties. Section 9 provides, that persons omitting to make the declaration shall not affect others not privy thereto. The following is a copy of the de- "I, A. B., do solemnly and sin- weaken the protestant church as it is |