Downing-street, April 10, 1812.
Sir,—Having had an opportunity, in the course of the late recess, to consider, with my colleagues, the subject of yourcommunication, on the part of the dissenters, I proceed to acquaint you as I promised, with our opinion upon it.
It appears to us, that the interpretations recently given, at different Quarter Sessions, to those statutes under which magistrates are authorized to grant certificates to persons wishing to act as Dissenting Ministers, (and which interpretations, as far as they have hitherto undergone judicial decision, appear to be more correct constructions of these laws, than those which heretofore prevailed in practice,) place the persons, who wish to obtain certificates as Dissenting Ministers, in a situation so different from that in which the previous practice had placed them, as to require parliamentary interference and relief, to the extent, at least, of rendering legal the former practice; and I shall, therefore, be willing, either to bring forward, or to support, an application to parliament for the purpose of affording such relief.
Understanding, however, that a case is now pending in judgment, before the King’s Bench, upon the construction of some part of these Acts, it appears to me, that it will be desirable to postpone any direct application to the Legislature till that decision shall explain the exact state of the law upon the point in dispute in that case. By postponing the application to parliament till after the decision in that case, no such delay will be incurred as will prevent the application to parliament in this session, since the decision will, I believe, be pronounced upon it in the ensuing term.
The precise mode of giving this relief, whether by the repeal of any existing laws, or by making the Act of the magistrate purely ministerial, in administering the oaths, and granting the certificates, to such persons as may apply, is a matter which I wish to be understood as reserved for future consideration; but I think it material to state, distinctly, that I understand the desire of the persons, whom you represent, to be this—that the exemptions to be conferred by such certificates, from the penalties, to which such persons might otherwise be exposed for preaching, &c. should be universal to all who so qualify themselves; while the exemption from civiland military burdens or duties should be confined to those only who are ministers of congregations, and who make the ministry so completely their profession, as to carry on no other business, excepting that of a schoolmaster.
As to the question respecting the liability of dissenting chapels to the poor rates, I am convinced that the dissenters must consider it as a subject of very inferior importance, both in effect and in principle.—On principle, I conceive, all that could be required would be, that the chapels of dissenters should be put precisely on the same footing as chapels belonging to the establishment; if they stand on any other footing, in point of legal liability at the present moment, (which, however, I do not understand to be the case,) I should be very ready to propose, that the law in that respect should be altered.
If you wish for any further communication with me on this subject, I shall be happy to appoint a time for seeing you.
I have the honour to be,Sir,Your most obedient humble Servant,(Signed)Sp. Perceval.
I have the honour to be,Sir,Your most obedient humble Servant,(Signed)Sp. Perceval.
I have the honour to be,Sir,Your most obedient humble Servant,(Signed)Sp. Perceval.
I have the honour to be,
Sir,
Your most obedient humble Servant,
(Signed)Sp. Perceval.
This letter reflects great honour upon Mr. Perceval, but his lamented death which happened on the 11th of May following, put a stop to the proceedings of the Committees for some time.
In the month of June they made application to the Right Hon. the Earl of Liverpool, who very politely received the deputation from the committees, and engaged to bring forward and support a Bill which would effectually relieve them, and secure to them all their religious privileges. A Bill was accordingly, in the month of July, introduced into the House, which speedily passed through both the Lords and Commons, almost without opposition, and received the Royal Assent on the 23d of July. This auspicious Act is entitled “an Act to repeal certain Acts, and amend other Acts, relating to religiousworships and assemblies, and persons teaching and preaching therein.”[Ab]
[Footnote Ab: 52 George the Third, Chap. 155.]
I consider the obtaining the new Toleration Act as a glorious epoch in the annals of British history: it reflects great honour upon the nation, upon his Majesty’s government, upon the Legislative authorities of the land, and uponallwho used their exertions to obtain it; I could not therefore deny myself the high gratification, at the close of this work, to record the most interesting circumstances which have come to my knowledge, of this important event.
It has excited sentiments of gratitude and joy in the hearts of every liberal-minded person in the country, and will more than ever endear to them our happy constitution and the lenient Government under which, Divine Providence hath placed us.
I record these circumstances the more willingly, because they form a happy contrast between the present enlightened and meliorated state of society and that recorded, by Dr. Chandler, in the preceding pages.
The following document may be deemed authentic, and though containing but a small part of the interesting account which might be given, will nevertheless gratify thousands of the present generation, and will be read with grateful emotions by those who are yet to be born. Our children, who may rise up after us, when we are “gathered to our fathers,” will pronounce the framers and promoters of this Act blessed; and our children’s children will joy fully exclaim,O GOD WE HAVE HEARD WITH OUR EARS, AND OUR FATHERS HAVE DECLARED UNTO US THE NOBLE WORKS THAT THOU DIDST IN THEIR DAYS, AND IN THE OLD TIME BEFORE THEM.
The following is a detail of the steps taken by the Committee of Privileges, belonging to the Societies founded by the late Rev. John Wesley. The letter was addressed, by the Committee,to the Superintendants of Circuits in the Methodist connection.
London, July 31st, 1812.
InInMay last the General Committee of Privileges addressed a circular letter to the Superintendants of Circuits, with a view to allay the apprehensions of the people, under the circumstances in which they were then placed from the new construction of the Toleration Act; and to assure them, that no time would be lost in taking such measures as were likely to promote the success of an application to the Legislature for relief; and they, at the same time, inclosed the copy of a letter from the late Mr. Perceval (published with his permission) in which he promised to bring forward or to support such an application to Parliament:—but the melancholy death of that lamented statesman, put an end for some time, to the correspondence with Government upon the subject.
The Committee, being of opinion that a measure of this nature and magnitude, ought tooriginatewith his Majesty’s Government, (whoever might be in office for the time being) solicited no individual member of the Legislature on the subject, but waited till an administration was appointed; when this was done the Committee lost no time in addressing the Right Honourable theEarl of Liverpool: and after the necessary communications, a Bill was introduced into Parliament under his Lordship’s auspices, which, to our inexpressible satisfaction has now passed into a law.
In order to understand the bearings and effect of this important and salutary Act of Parliament, and before we make any general remarks, it may be necessary to advert to the situation in which our Societies were placed, and to some of the proceedings of the Committee for the purpose of accomplishing the object they had in view.
By theConventicle Act, (22 Charles II. c. 1) it was enacted, that if any person of sixteen years of age and upwards, should bepresentat any Conventicle or meeting for religion, other than according to the Liturgy, and practice of the Church of England, at which should be present above five personsbesides those of the same household, heshould pay a fine of five shillingsfor the first offence, andten shillings for every subsequent offence; which penalties might, in case of thepovertyof an offender, be levied on the goods and chattles ofany person present.Every personwho shouldteachorpreachat such Conventicle or meeting, should forfeittwenty poundsfor thefirst offence; andforty pounds, for every subsequent offence. Every person who should suffer any such Conventicle or meeting in his house or premises, shouldforfeit twenty pounds, which, in case of his poverty, might be levied upon the goods ofany person present. Thejusticesand themilitarywere impowered to enter Conventicles, and disperse religious meetings. And the Act declares the principle (most severe and intolerant) upon which it is to be interpreted, namely:—“That it shall be construed most largely and beneficially for the suppressing of Conventicles, and for the justification and encouragement of all persons to be employed in the execution thereof;” and that norecord,warrant, ormittimusto be made by virtue of that Act, or any proceedings thereupon should bereversed,avoided, orany way impeached, by reason of anydefaultinform! It was also declared, that the goods and chattles of thehusbandshould be liable for the penalties incurred by thewifeforattending a meeting for religious worship.
As to theFive Mile Act, (17 Charles II. c. 2) it is thereby declared, that persons therein mentioned who shouldpreach in any Conventicle, should not come within five miles of any corporate town sending burgesses to Parliament, unless in passing upon the road, before such person shall have taken the oath therein-mentioned at the Quarter Sessions, under a penalty offorty pounds.
Besides these two Acts of Parliament, there were several other Acts which rendered nonconformity, or a deviation from the established religion of the country, unlawful, and highly penal.
Thus stood the law relative to religious assemblies on the accession ofKingWilliamandQueenMary, when, orsoon afterwards, an Act of Parliament was passed for the relief of conscientious persons, suffering under or exposed to those intolerant and oppressive laws. By that Act (1 William and Mary, c. 18) usually called theToleration Act, it was in substance declared, that with regard toprivate individuals, the former Acts should not extend toany person dissenting fromthe Church of England, who should at the Sessions take the Oaths, and subscribe the Declaration therein mentioned; and with regard to theministers of religion, it was enacted that noperson dissentingfrom the Church of England, in Holy Orders, or pretended Holy Orders, or pretending to Holy Orders, nor any preacher or teacher of any congregation ofdissentingProtestants, who should at the Sessions make theDeclarationand take the Oaths therein expressed, should be liable to the penalties of the Acts of Parliament therein mentioned. Provided that such person should not at any time preach in any placewith the doors locked, barred, or bolted. By this Act also, a justice was empowered at any time to requireany personthat went to any meeting for the exercise of religious worship, to subscribe theDeclarationand take theOathstherein mentioned; and in case of refusal, tocommit such person to prison. And the ministers of religion having taken the Oaths under the Act, were exempt from certain offices. It was declared, that no assembly for religious worship should be allowed tillregistered. And disturbers of religious worship comingintoa registered place, were subjected to the penalty of twenty pounds. There are other provisions in the Act, which it may be unnecessary to mention; nor need we particularize theStatuteof the 10th ofQueenAnne, c. 2, which extends the liberty of a person having taken the Oaths in one county, to preach in another county; nor theStatuteof the 19th of George III. which regulates theOathsandDeclarationto be made, and extends the exemptions.
You will perceive, that it was only by the operation of these last Acts, that anyProtestantnot resorting to the established church, could be protected from the antecedent penal statutes; and in proportion as the construction of these Tolerating Actswas limited, would be the destructive operation of those penal statutes. However, these Acts of Toleration were considered by the various classes of Dissenters as the Palladium of their religious liberty; and their efficacy for the protection of the various classes ofDissenterswas never questioned till very lately; and all who believed it their duty to preach the religious doctrines which they held, and were inclined to protect themselves from the penalties of former Acts, found little difficulty in getting the magistrates at the Sessions to administer the oaths; &c. as it was the generally received doctrine, that the magistrates acted merelyministerially—that they had no authority to enquire into thefitnessorcharacterof the applicant—and could not refuse the oaths, &c. to any man who represented himself inHoly Orders, orpretended Holy Orders, or aspretending to Holy Orders; or as being ateacherorpreacherof a congregationdissentingfrom the church of England; and it was thought, that there could scarcely be anydissentingteacher of religion who could not properly consider himself as falling within one of the above descriptions. But latterly there has been a manifest alteration in the conduct of many magistrates, who, by narrowing the construction of the Toleration Act, have, on many alleged reasons, refused the oaths, &c. to several applicants. Thenew constructionof the magistrates, has in some points of very great importance to the religious nonconformists, or occasional conformists, been sanctioned by the Court of King’s Bench, which held, that a man to entitle himself to take the oaths, &c. as required by the Act of Toleration, ought to shew himself to be the acknowledged teacher or preacher of someparticular congregation, and that it was not enough for a man to state himself a Protestant Dissenter, who preaches to several congregations of Protestant Dissenters. And with regard to persons pretending to Holy Orders, the decision of the Court left us in great uncertainty.
In this state of perplexity, with regard to what was to be the construction of the Toleration Act, or rather of probability that it would afford but a very insufficient protection for theMethodists, even if they could denominate themselves Dissenters,the Committee were under the necessity of deeply considering the situation of the whole body. But when they were constantly receiving intelligence from various parts of the country, of the appearance of a new spirit of hostility to thepreachers, and of persecution against theharmless membersof their Societies, by enforcing the penalties of the most odious of obsolete laws upon the persons of the poor and defenceless, the Committee were exceedingly alarmed. For although they admired, and have experienced the benefit of the pure and impartial administration of justice, for which this country is so celebrated, yet they could not but consider the state of the Societies with apprehension, when they saw the press teeming with the grossest slander and falsehood against them; their religious practices traduced and vilified; and they themselves represented as “vermin fit only to be destroyed,” had such representations been casual, they would have been disregarded; but when they were reiterated in certain popularPublications month after month, and onequarterof a year after another—when the legislature were loudly and repeatedly called upon to adopt measures of coercion against them, under the pretence that evangelical religion was inimical to public security and morals; and, as they saw, that in unison with this spirit, there seemed a growing disposition in many to enforce the penalties of theConventicle Actupon those who eitherhad nottaken the oaths, orcould nottake them, orwere not permittedto take them, &c. under the Toleration Act, the Committee were under the greatest apprehension that the Societies were about to be deprived of that liberty to worship God, which, either under the law, or by the courtesy of the country, they had enjoyed from their first rise nearly a century ago. And their fears were far from being allayed by the intelligence which thickened upon them, and they became furnished with a mass of incontrovertible evidence from different parts of the country, which shewed that, even if the members of our Societies were to be considered asDissenters, it would be utterly impossible to get protection under the Toleration Acts for our Preachers and Teachers, especially for the Local Preachers, Class Leaders, &c. &c.
These various Teachers were absolutely necessary for our economy, and without them we knew that our Societies and religious customs could not be carried on. They had, it is true, beentoleratedby the generalconsentof the country, rather thanprotectedby thelaw; but this had with almost equal efficacy secured the free exercise of their religious privileges.
However, as a bitter spirit of intolerance was thus manifesting itself, the Committee thought it in vain to contend for protection under acts of parliament which were ofuncertain interpretation as to Dissenters, but of no value to those whoconsidered themselves as belonging to the Church of England, of which the great bulk of our Societies is composed, the Committee therefore determined to submit their case to the Government, and to Parliament; and to solicit the adoption of such a measure as would secure to theMethodist Societies, and toother denominations of Christians suffering with them, the free exercise of their religious rights and privileges.
It now became necessary for the Committee deeply and critically to consider the situation and principles of the Societies, in order to adopt a measure for their relief, which they might submit to his Majesty’s ministers for their support in parliament. In doing this, the Committee could not forget that the Societies are mere associations of christians, united for general improvement and edification; and as the great majority of them were, from religious principle, attached to the Church of England, they could not conscientiously take the oaths asDissenters,—to whom, alone, theAct of Tolerationapplied. Therefore no amendment of that Act appeared likely to answer the purpose. But as Dissenters of various denominations were also to be contemplated by the projected measure, it became necessary to proceed upon some principle common to all. A principle which should recognizethe rights of conscience, and at the same time afford that security for peaceable and loyal conduct, which the government of any State has a right to expect. It appeared also material to avoid all phraseology which would be exclusively applicable toany one sectof religious people.
As to the principle, the Committee, at an early stage of their deliberations, came to the resolution, that although all well-regulated societies, and denominations of Christians, will exercise their own rules for the admission of public or private teachers among themselves, yetit is the unalienable right of every man to worship God agreeably to the dictates of his own conscience; and that he has a right toHEARand toTEACHthose Christian truths which he conscientiously believes, without anyrestraintorjudicialinterference from thecivil magistrate, provided he do not thereby disturb the peace of the community, and that on no account whatever would the Committee concede this fundamental principle.
You will see at once, that it is only on this legitimate principle, that the various members of our Societies, and indeed mankind in general,have any right to teach and instruct one another. It was on this leading principle, that we drew up and submitted a Bill to the late Mr. Perceval, qualified however with those provisions which made our religious worship known, and laid it open for the inspection of all; and left our teachers subject to be called upon to take the usual obligations of allegiance &c. which no good man could object to; and which by the Constitution, no subject can lawfully refuse; but at the same time provision was made, that those oaths were not to be taken as anantecedentqualification, but when required, they were to be taken with the least possible inconvenience, by going before one neighbouring magistrate, instead of the Quarter Sessions. A Bill founded on such principles, and with such views, the Committee trusted would at once secure therights of conscience, and give every needfulpledgeto theState, for the fulfilment of our duties as good subjects. And although they did not attempt to amend the Act of Toleration, which had now become so uncertain in its construction, but only suggested a new Act, adapted to the present state of religious Society, yet they did not wish to remove the Old Toleration Act, or lessen any of the benefits to be derived from it, by any class of Christians.
On these principles, and with a view to establish them inpractice, the correspondence with theEarl of Liverpoolwas conducted, and we have the great satisfaction to say, that from a just sense of the high importance of those principles, which have been so powerful in the establishment and support of theProtestant Church, and the preservation of civil order in this country; and which are so congenial with every dictate of sound policy, and pure religion, his Lordship and his Majesty’s Ministers prepared a Bill, which having now passed into a law, will be found to carry into effect what the Committee deemed so essential, in any measure designed to meet the situation of theMethodistSocieties, andother denominations of Christians. To a short sketch of this Act, we have now to request your attention; but for full information we must refer you to the Act itself.
The new Actabsolutely repealstheFive Mileand theConventicle Acts, and another Act of a most offensive kind, which affected a highly respectable body, theQuakers. It then proceeds to relieve from the Penalties of the several Acts mentioned in the Toleration Act, or any amendment of the same, all Protestants who resort to a congregation allowed by the Acts there referred to: and you will not fail to observe, that while it meets the situation of theDissenters, how liberally it treats the condition ofour Societies. It is not now necessary that a person should be obliged to relinquish his attachment to the established Church, in order to bring himself under the protection afforded by this Act; and on the other handif he be a Dissenterhe is protected by this Act. The simple condition of protection is, that a Protestant do resort tosome place of worship, which if not the only way, is at least the usual and overt manner of shewing our belief in the existence of the Deity, and in a future state of retribution; without which, there is no security for the peace and happiness of Society. Toour Societies, this feature of the Act is of great importance, because it allows our members to continue their attachment to the established Church, without relinquishing the privileges which the christian communion of our Societies, so largely affords. As under the Toleration Act, so under this Act, all places ofworship must becertifiedto the proper Court; but under this Act, a Preacher need not wait till the place beregisteredbefore he preaches. By the former Acts onlyfive personscould meet together, besides a man’s own family, without having the place registered; by this Act, the number is extended totwenty personswho may meet without certifying the place of meeting. By theformer Act, no person could preach till he had taken the Oaths; by this Act, any person may preach without having taken the Oaths; and is merely liable to be called ononceto take them afterwards,if required in writing by one Justice. By theToleration Acts, persons were obliged to go to the Quarter Sessions to take the Oaths; by this Act any person may take them before one Justice only; and in no case, is such person compellable totravel above five miles for that purpose: so that it will be perfectly unnecessary for any of our Preachers or Teachers to take the Oaths until they are required by a Justice, unless our travelling Preachers, who carry on no business, and intend to claim exemption from civil and military duties. By thenew constructionof the Toleration Act, it appeared that only particular persons could insist upon taking the Oaths, &c. by this Actany Protestant, whether preacher or otherwise, whether a Dissenter or a Member of the Church of England, may require a Justice to administer the Oaths, &c. and grant a Certificate.
As to the exemption from civil and military duties, they are about the same, as to Preachers carrying on no business, except that the Toleration Act extended only to Dissenters, and this Act exempts all Preachers as they were by the Toleration and new Militia Acts, whether Dissenters or not. By the Toleration Act, so by this, the doors of all places of worship are to be unlocked. In this Act you will observe a great and most beneficial alteration for the protection of religious assemblies. The Toleration Act did not provide for the punishment of riotous persons who did not come into the house, by which means many of our congregations were greatly disturbed by noises made on the outside: but by this Act, any person who shall wilfully and maliciously disturb a Congregation, (whether by cominginto or being on the outside of the house) shall incur a penalty of £40. which penalty is double the amount of that imposed for the same offence by the Toleration Act. There is also another important advantage in this Act, which is, that the writ ofCertiorariis not taken away, by which means, Proceedings may be removed into the Court of King’s Bench.
Thus have we endeavoured to give you an outline of this important Act of the Legislature: an Act which, we trust, you and our friends will consider as clearly recognizing in practice, those great principles which are the basis of religious freedom, and that its operation will not only enable our Societies to exercise under the protection of the law, those privileges which they have ever considered the most sacred and invaluable, and which, under the Divine blessing, have contributed to the consolation of thousands; but it will serve for the extension of piety and virtue amongst all denominations, by promoting christian fellowship, thedisseminationdisseminationof Divine truth, and the interchange of religious instruction. And whilst it amply extends the circle of religious liberty to those who dissent from, or who only partially or occasionally conform to the established Church, as well as to strict members of her communion, who wish to enjoy religious meetings, it will excite attachment to, and encrease the security of that church, which has produced so many champions for the verities of our holy religion, and in which indeed, our Societies have been founded.
Nor should it be forgotten, (especially in times like the present) that this Act is of peculiar excellency, from the effect it will have upon the happiness of thereligious poor. They value exceedingly the liberty of associating for mutual religious instruction and consolation. It is the exercise of that privilege which soothes them under poverty and distress, and, by the grace of God, makes them content under the apparently adverse dispensations of Divine providence; and teaches them to wait with patience for the “inheritance which is incorruptible.” This Act by removing all restraint from the performance of the great duty of “exhorting one another,” may be considered as having the well-disposed and pious poor for its object, andgreat will be their gratitude and gladness, that they can, under the protection of this Law, worship God in their own way, and instruct each other, as well as hear those Ministers whose labours they esteem. And while it has this effect upon their individual happiness, it will make them value the Constitution of the Country, through which they derive such benefits. In short, the Committee cannot but contemplate this important extention of Religious Freedom, with the highest satisfaction and delight; and they cannot doubt, that in proportion to the apparent excellency of this Act of Parliament, will be the magnitude of the benefits which the nation at large will derive from it.
In the accomplishment of this salutary measure, the Committee have necessarily had much correspondence with the Prime Minister,the right honorable the Earl of Liverpool; and it is a duty they owe to his Majesty’s Government, and to that noble Lord in particular, to express with pleasure and gratitude the high sense of the obligations they feel themselves under, for the patient attention which his Lordship has given to the many and necessary representations of the Committee, as well as the readiness manifested to meet fully, the situation of our Societies, and of other religious denominations; and for the cordiality with which his Lordship matured and supported the Bill in Parliament, which appears to be commensurate to the present necessities and wishes of our Societies.
The Committee are also under considerable obligations toHis Grace the Archbishop of Canterbury, for his polite attention to the subject, and for the liberal sentiments expressed by his Grace, on various occasions: And we cannot but feel great gratitude to all the right Reverend Prelates who concurred in the Bill, without whose concurrence, it must have met with considerable difficulties in its progress through Parliament.
It is also the duty of the Committee, to express their humble thanks to the rest of the Cabinet Ministers, for the support which this measure has received from them, and particularly tothe right honourable, The Lord High Chancellor,for his Lordship’s candid and liberal attention to the Bill, in the House of Lords; and also tothe right honourable Viscount Castlereah, for the labour of conducting it in the House of Commons. In these sentiments of respect and gratitude, we are sure we shall be joined by you, and our Societies universally.
The Committee are happy to inform you, to whom they are under particular obligations, on this important occasion, that you may have the pleasure of participating with them, in those sentiments which the sense of benefits received naturally inspire. They will therefore mention, that they are greatly indebted to theRight Honourable Earl Stanhope, to theRight Honourable Lord Holland, and to theRight Honourable Lord Erskine, for their attention and support in the House of Peers; and toWilliam Wilberforce, Esq.James Stephen, Esq.Samuel Whitbread, Esq.andThomas Babington, Esq.Members of the House of Commons, from each of whom, the Committee have derived important services relative to this valuable Act.
While endeavouring to express our gratitude upon this occasion, rather than pretending to discharge the debt which we owe to the distinguished characters we have mentioned, it is with great satisfaction that we acknowledge the co-operation which we have experienced from “the Protestant Society for the Protection of Religious Liberty,” who represent the great body of Dissenters in this country, and from our affectionate friends theQuakers, with whom, as well as with other denominations of Christians we are happy to be associated in receiving benefit in the same friendly Act of the legislature: we are sure this co-operation will encrease your esteem for those respectable members of civil and religious society.
In considering the many circumstances relative to the progress and completion of this excellent measure, we cannot but adore the providence and goodness of God, without whose direction and aid the work could not have been accomplished. And we would ascribe the glory, honour, and power toHim, from whom alone all good councils and all just works do proceed. Our joy is great upon this interesting occasion; but how greatly would our pleasure have been enhanced, had this event witnessed the return of health to our gracious Sovereign, whose name must ever be associated with Religious Toleration: for his Majesty, in his first speech from the throne, declared it his invariable resolution tomaintain the Toleration inviolate. A declaration which has been religiously fulfilled during a long and beneficent reign; and should it please Divine Providence to restore his Majesty in health to his affectionate people, it would, we doubt not, afford him the highest gratification that a measure so full of regard to the sacred rights of conscience, and so amply extending the bounds of Toleration, had been carried into effect under the liberal administration of His Royal Highness the Prince Regent. May it please God to smooth the bed of the Sovereign in his affliction, and endue the Prince plenteously with heavenly gifts, and prosper him with all happiness.
To conclude; while on this memorable occasion, we express unfeigned gratitude to those who have rendered us assistance, let us not forget to give the sole glory to that God “by whom, Kings reign, and Princes decree justice,” let us continue to cultivate the most affectionate regard for ourKingand ourCountry: let us pray for more grace, that we may use our extended religious privileges to the greatest advantage, not onlyby provoking one another to love and to good works, but by labouring incessantly to diffuse those sacred truths of our most holy Religion, which we have long proved to be thepower of God unto Salvation, to them who believe; and thus promoteGlorytoGodin theHighest, and onEarthPEACE, andGOOD WILLamongMen,—the greatENDfor which our Societies have been established.
(Signed by Order and on behalf of the Committee,)
(Signed by Order and on behalf of the Committee,)
(Signed by Order and on behalf of the Committee,)
Adam Clarke,Chairman,Joseph Butterworth,Secretary.
Adam Clarke,Chairman,Joseph Butterworth,Secretary.
Adam Clarke,Chairman,Joseph Butterworth,Secretary.
Adam Clarke,Chairman,
Joseph Butterworth,Secretary.
An Act to repeal certain Acts, and amend other Acts relating to Religious Worship and Assemblies, and persons teaching or preaching therein.—(29th July, 1812.)
52Geo. III.c. 155.
52Geo. III.c. 155.
52Geo. III.c. 155.
Whereas it is expedient that certain Acts of Parliament made in the reign of his late Majesty King Charles the Second, relating to Nonconformists and Conventicles, and refusing to take Oaths, should be repealed; and that the laws relating to certain Congregations and Assemblies for religious Worship, and persons teaching, preaching, or officiating therein, and resorting thereto should be amended; be it therefore enacted, by the King’s most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this Act, an Act of Parliament made in the Session of Parliament held in the thirteenth and fourteenth years of his late Majesty King Charles the Second, intituled,[Ac]“An Act for preventing the mischiefs and dangers that may arise by certain persons called Quakers, and others, refusing to take lawful Oaths,” and another Act of Parliament made in the seventeenth year of the reign of his late Majesty King Charles the second, intituled,[Ad]An Act for restraining Nonconformists from inhabiting in “Corporations;” and another Act of Parliament made in the twenty-second year of the reign of the late King Charles the second, intituled,[Ae]“An Act to prevent and suppress seditious Conventicles,” shall be and the same are hereby repealed.
II. And be it further enacted, That from and after the passing of this Act, no Congregation or Assembly for Religious Worship of Protestants (at which there shall be present more than twenty persons besides the immediate family and servants of the person in whose house or upon whose premises such Meeting, Congregation or Assembly shall be had) shall be permittedor allowed, unless and until the place of such Meeting, if the same shall not have been duly certified and registered under any former Act or Acts of Parliament relating to registering places of Religious Worship, shall have been or shall be certified to the Bishop of the Diocese, or to the Archdeacon of the Archdeaconry, or to the Justices of the Peace at the General or Quarter Sessions of the Peace for the county, riding, division, city, town or place, in which such Meeting shall be held; and all places of Meeting which shall be so certified to the Bishop’s or Archdeacon’s Court shall be returned by such Court once in each year to the Quarter Sessions of the county, riding, division, city town or place; and all places of Meeting which shall be so certified to the Quarter Sessions of the peace shall be also returned once in each year to the Bishop or Archdeacon; and all such places shall be registered in the said Bishop’s or Archdeacon’s Court respectively, and recorded at the said General or Quarter Sessions; the Registrar or Clerk of the Peace whereof respectively is hereby required to register and record the same; and the Bishop or Registrar or Clerk of the Peace to whom any such place of Meeting shall be certified under this Act, shall give a Certificate thereof to such person or persons as shall request or demand the same, for which there shall be no greater fee nor reward taken than Two Shillings and Sixpence; and every Person who shall knowingly permit or suffer any such Congregation or Assembly as aforesaid, to meet in any place occupied by him, until the same shall have been so certified as aforesaid, shall forfeit, for every time any such Congregation or Assembly shall meet contrary to the provisions of this Act, a sum not exceeding Twenty Pounds nor less than Twenty Shillings, at the discretion of the Justices who shall convict for such offence.
III. Provided always, and be it further enacted, That every person who shall teach or preach in any congregation or assembly as aforesaid, in any place without the consent of the occupier thereof, shall forfeit for every such offence any sum not exceeding Thirty Pounds, nor less than Forty Shillings, at the discretion of the Justices who shall convict for such offence.
IV. And be it further enacted, That from and after the passing of this Act, every person who shall teach or preach at, or officiate in, or shall resort to any congregation or congregations, assembly or assemblies for religious worship of Protestants, whose place of meeting shall be duly certified according to the provisions of this Act, or any other Act or Acts of Parliament relating to the certifying and registering of places of religious worship, shall be exempt from all such pains and penalties under any Act or Acts of Parliament relating to religious worship, as any person who shall have taken the Oaths and made the Declaration prescribed by or mentioned in an Act, made in the first year of the reign of King William and Queen Mary, intituled, “An Act for exempting their Majesties’ Protestant Subjects dissenting from the Church of England, from the penalties of certain Laws,” or any Act amending the said Act, is by law exempt, as fully and effectually as if all such pains and penalties, and the several Acts enforcing the same, were recited in this Act, and such exemptions as aforesaid were severally and separately enacted in relation thereto.
V. Provided always, and be it further enacted, That every person not having taken the Oaths, and subscribed the Declaration herein specified, who shall preach or teach at any place of religious worship certified in pursuance of the directions of this Act, shall, when thereto required by any one Justice of the Peace, by any writing under his hand, or signed by him, take and make and subscribe, in the presence of such Justice of the Peace, the Oaths and Declarations specified and contained in an Act, passed in the nineteenth year of the reign of His Majesty King George the Third, intituled,[Af]“An Act for the further Relief of Protestant Dissenting Ministers and Schoolmasters;” and no such person who, upon being so required to take such Oaths and make such Declaration as aforesaid, shall refuse to attend the Justice requiring the same, or to take and make and subscribe such Oaths and Declarations as aforesaid,shall be thereafter permitted or allowed to teach or preach in any such congregation or assembly for religious worship, until he shall have taken such Oaths, and made such Declaration as aforesaid, on pain of forfeiting for every time he shall so teach or preach, any sum not exceeding ten pounds, nor less than ten shillings, at the discretion of the Justice convicting for such offence.
VI. Provided always, and be it further enacted, That no person shall be required by any Justice of the Peace to go to any greater distance than five miles from his own home, or from the place where he shall be residing at the time of such requisition, for the purpose of taking such Oaths as aforesaid.
VII. And be it further enacted, That it shall be lawful for any of His Majesty’s Protestant subjects to appear before any one Justice of the Peace, and to produce to such Justice of the Peace a printed or written copy of the said Oaths and Declaration, and to require such Justice to administer such Oaths, and to tender such Declaration to be made taken and subscribed by such person; and thereupon it shall be lawful for such Justice, and he is hereby authorized and required to administer such Oaths, and to tender such Declaration to the person requiring to take and make and subscribe the same; and such person shall take and make and subscribe such Oaths and Declaration in the presence of such Justice accordingly; and such Justice shall attest the same to be sworn before him, and shall transmit or deliver the same to the Clerk of the Peace for the county, riding, division, city, town or place for which he shall act as such Justice of the Peace, before or at the next General Quarter Sessions of the Peace for such county, riding, division, city, town or place.
VIII. And be it further enacted, That every Justice of the Peace before whom any person shall make and take and subscribe such Oaths and Declaration as aforesaid, shall forthwith give to the Person having taken made and subscribed such oaths and declaration, a Certificate thereof under the hand of such Justice, in the form following: (that is to say)
“IA. B.one of His Majesty’s Justices of the Peace for the county (riding, division, city,ortown,orplace,as the case may be) of ________________ Do hereby certify, thatC. D.of, &c. [describing the Christian and Surname, and place of abode of the party] did this day appear before me, and did make and take and subscribe the several oaths and declaration, specified in an Act, made in the fifty-second year of the reign of King George the Third, intituled [set forth the title of this Act.] Witness my hand this ____________ day of ____________ one thousand eight hundred and_________.”_________.”
And for the making and signing of which Certificate, where the said oaths and declaration are taken and made on the requisition of the party taking and making the same, such Justice shall be entitled to demand and have a fee of two shillings and sixpence, and no more: And such Certificate shall be conclusive evidence that the party named therein has made and taken the oaths and subscribed the declaration in manner required by this Act.
IX. And be it further enacted, that every person who shall teach or preach in any such congregation or assembly, or congregations or assemblies as aforesaid, who shall employ himself solely in the duties of a teacher or preacher, and not follow or engage in any trade or business, or other profession, occupation, or employment, for his livelihood, except that of a Schoolmaster, and who shall produce a Certificate of some Justice of the Peace, of his having taken and made and subscribed the oaths and declaration aforesaid, shall be exempt from the civil servises and offices specified in the said recited Act passed in the first year of King William and Queen Mary, and from being ballotted to serve and from serving in the Militia or Local Militia of any county, town, parish or place, in any part of the United Kingdom.
X. And be it further enacted, that every person who shall produce any false or untrue certificate or paper, as and for atrue certificate of his having made and taken the oaths and subscribed the declaration by this Act required, for the purpose of claiming any exemption from civil or military duties as aforesaid, under the provisions of this or any other Act or Acts of Parliament, shall forfeit for every such offence the sum of fifty pounds; which penalty may be recovered by and to the use of any person who will sue for the same, by any Action of Debt, Bill, Plaint, or Information, in any of His Majesty’s Courts of Record at Westminster, or the Courts of Great Sessions in Wales, or the Courts of the counties palatine of Chester, Lancaster, and Durham (as the case shall require;) wherein no Essoign, Privilege, Protection, or wager of Law, or more than one Imparlance, shall be allowed.
XI. And be it further enacted, That no meeting, assembly, or congregation of persons for religious worship, shall be had in any place with the door locked, bolted, or barred, or otherwise fastened, so as to prevent any persons entering therein during the time of any such meeting, assembly, or congregation; and the person teaching or preaching at such meeting, assembly, or congregation, shall forfeit, for every time any such meeting, assembly, or congregation shall be held with the door locked, bolted, barred, or otherwise fastened as aforesaid, any sum not exceeding twenty pounds, nor less than forty shillings, at the discretion of the Justices convicting for such offence.
XII. And be it further enacted, That if any person or persons, at any time after the passing of this Act, do and shall wilfully and maliciously or contemptuously disquiet, or disturb any meeting, assembly, or congregation of persons assembled for religious worship permitted or authorized by this Act, or any former Act or Acts of Parliament, or shall in any way disturb, molest, or misuse any preacher, teacher, or person officiating at such meeting, assembly, or congregation, or any person or persons there assembled, such person or persons so offending, upon proof thereof before any Justice of the Peace by two or more credible witnesses, shall find two sureties to be bound by recognizances in the penal sum of fifty pounds to answer for such offence, and in default of such sureties shall becommitted to prison, there to remain till the next General or Quarter Sessions; and upon conviction of the said offence at the said General or Quarter Sessions, shall suffer the pain and penalty of forty pounds.
XIII. Provided always, and be it further enacted, that nothing in this act contained shall affect, or be construed to affect, the celebration of divine service, according to the rites and ceremonies of the united Church of England and Ireland, by ministers of the said Church, in any place hitherto used for such purpose, or being now or hereafter duly consecrated or licensed by any Archbishop or Bishop, or other person lawfully authorized to consecrate or license the same, or to affect the Jurisdiction of the Archbishops or Bishops, or other persons exercising lawful authority in the Church, of the United Kingdom, over the said Church, according to the Rules and discipline of the same, and to the Laws and Statutes of the Realm; but such jurisdiction shall remain and continue as if this Act had not passed.
XIV. Provided also, and be it farther enacted, that nothing in this Act contained shall extend or be construed to extend to the people usually called Quakers, nor to any Meetings or Assemblies for Religious Worship, held or convened by such persons; or in any manner to alter or repeal or affect any Act other than and except the Acts passed in the reign of King Charles the second herein-before repealed, relating to the people called Quakers, or relating to any Assemblies or Meetings for Religious Worship held by them.
XV. And be it further enacted, that every person guilty of any offence, for which any pecuniary penalty or forfeiture is imposed by this Act, in respect of which no special provision is made, shall and may be convicted thereof by information upon the oath of any one or more credible witness or witnesses before any two or more Justices of the Peace acting in and for the county, riding, city or place wherein such offence shall be committed; and that all and every the pecuniary penalties or forfeitures which shall be incurred or become payable for any offence or offences against this Act, shall and may be leviedby distress under the hand and seal or hands and seals of two Justices of the Peace for the county, riding, city, or place, in which any such offence or offences was or were committed, or where the forfeiture or forfeitures was or were incurred, and shall when levied be paid one moiety to the informer, and the other moiety to the poor of the parish in which the offence was committed; and in case of no sufficient distress whereby to levy the penalties, or any or either of them imposed by this Act, it shall and may be lawful for any such Justices respectively before whom the offender or offenders shall be convicted, to commit such offender to prison, for such time not exceeding three months, as the said Justices in their discretion shall think fit.
XVI. And be it further enacted, that in case any person or persons who shall hereafter be convicted of any of the offences punishable by this Act, shall conceive him her or themselves to be aggrieved by such conviction, then and in every such case it shall and may be lawful for such person or persons respectively, and he she or they shall or may appeal to the General or Quarter Sessions of the Peace holden next after such conviction in and for the county, riding, city, or place, giving unto the Justices before whom such conviction shall be made, notice in writing within eight days after any such conviction, of his her or their intention to prefer such Appeal; and the said Justices in their said Generator Quarter Sessions shall and may, and they are hereby authorised and empowered to proceed to the hearing and determination of the matter of such Appeal, and to make such order therein, and to award such costs to be paid by and to either party, not exceeding forty shillings, as they in their discretion shall think fit.
XVII. And be it further enacted, that no penalty or forfeiture shall be recoverable under this Act, unless the same shall be used for, or the offence in respect of which the same is imposed, is prosecuted before the Justices of the Peace or Quarter Sessions within six mouths after the offence shall have been committed; and no person who shall suffer any Imprisonment for non-payment of any penalty, shall thereafter be liable to the payment of such penalty or forfeiture.
XVIII. And be it further enacted, That if any Action or Suit shall be brought or commenced against any person or persons for any thing done in pursuance of this Act, that every such Action or Suit shall be commenced within three months next after the fact committed, and not afterwards, and shall be laid and brought in the county wherein the cause or alledged cause of Action shall have occurred, and not elsewhere, and the defendant or defendants in such Action or Suit may plead the general Issue, and give this Act and the special matter in evidence on any Trial to be had thereupon, and that the same was done in pursuance and by authority of this Act; and if it shall appear so to be done, or if any such Action or Suit shall be brought after the time so limited for bringing the same, or shall be brought in any other county, city or place, that then and in such case, the Jury shall find for such defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs, shall become nonsuited, or discontinue his, her, or their Action or Actions, or if a verdict shall pass against the plaintiff or plaintiffs, or if upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have and may recover treble costs, and have the like remedy for the same, as any defendant or defendants hath or have for costs of Suit in other Cases by Law.
XIX. And be it further enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices and others, without specially pleading the same.
Observations upon the Act of Parliament, (52d Geo. III. cap. 155.) passed 29th July, 1812, relating to Religious Worship, with some practical Directions.