Book 4 — APPENDIX, by the EDITOR. (continued 2)

History, both sacred and profane, shewed the importance that had been always attached to the priesthood, which had never been assumed, but conferred. He was not so read in the sacred writings as he ought to be, and he could touch on them only with great deference. But he had read, “Lay hands suddenly on no man;” and also that persons chosen for such situations should be “of good report.” He could not think of the argument taken from the low condition of those who, in earlier days, received their divine missions, as applicable to present times, and as giving authority to the persons he had alluded to, to lay their claims to divine influence, without any attestation to their character and qualifications. The early ages of the church shewed that purity of character was held indispensible to him who attempted to enter into the solemn offices of the priesthood. His noble friend had said, that no case had been made out. He appealed to their Lordships on 462that point. He then stated a circumstance that recently happened at Stafford, when the magistrate, certainly not regularly, required the applicant to write his name, but who answered, that he came there not to write, but to make the declaration. He was convinced he had now made out sufficient grounds for the second reading, and for going into a committee. The noble Lord proceeded to state, from a paper he held in his hand, in which the writer mentioned as an instance of the laxity with which licenses to preach were granted, that he had heard a person in the neighbourhood of London, who seemed well versed in all the atheistical and deistical arguments on the subject of religion, lecturing to a crowded audience for two hours and an half, and broaching the most irreligious and even blasphemous doctrines. The Bill which he had introduced would naturally check the existence or spreading of such abuses, which could not fail to be lamented by every man who was a friend to the morals or the happiness of all classes of society; and he feared that the broad principle stated on a former night by his noble friend, (Lord Holland) tended to let loose this class of men, whose labours must be so destructive of civilized society. Their Lordships did not do their duty if they thought themselves absolved from attending to the prevention of such abuses. It was their duty to protect the ignorant and unwary from being led astray, and to put them on their guard against such mischievous practices. The noble Lord then alluded to various resolutions that had been published in the newspapers. It had surprised him much to observe one set of these resolutions subscribed by a very respectable gentleman, who was a member of the other House of Parliament, (Mr. W. Smith,) in which the Bill was represented as being designed to abridge religious liberty. He saw with astonishment that such an object was ascribed to the measure, than which nothing could be farther from his thoughts. Upon the whole, he could not help expressing an ardent wish that the Bill should be read a second time, in order that it might go into a committee, were it might undergo a variety of amendments. He himself should propose several alterations 463in the committee; but if he perceived a strong unwillingness on the part of their Lordships to entertain the Bill, however much he should regret it, he should respectfully acquiesce in their decision. He concluded with moving, that the Bill be now read a second time.

The Archbishop of Canterbury declared his utter abhorrence of every species of religious persecution. Whilst he lamented the errors, as he thought them, of the Protestant dissenters from the church of England, he admitted that they had a full right to the sober and conscientious profession of their own religious opinions. The sacred writings were allowed by all Protestants to be the great standard of religious doctrine, but the interpretation of them was liable to error. Uniformity of religious belief was not to be expected, so variously constituted were the minds of men, and consequently religious coercion was not only absurd and impolitic, but for all good purposes impracticable. As to the present Bill, he should deliver his opinion very shortly. It appeared to him that there were only two objects which it had in view; the first was, to produce uniformity in explaining the Act of Toleration, and the second was to render the class of dissenting ministers more respectable, by the exclusion of those who were unfit for the office. These objects seemed laudable in themselves, and calculated to increase the respectability of the dissenting interest. At the same time the dissenters themselves were the best judges of their own concerns: and as it appeared, from the great number of petitions which loaded the table of the House, that they were hostile to the measure, he thought it would be both unwise and impolitic to press this Bill against their consent. He therefore wished that the noble Lord would withdraw it, and put an end to the alarm which had been excited, even though it might be groundless.

Lord Erskine said, that the evidence which they had had in the multiplicity of petitions which he had the honour to present to them against the present Bill, left no doubt as to the opinion entertained by the Dissenters and Methodists on the subject. But it was to be observed that a small part of the 464petitions had yet arrived, and that if longer time had been allowed, ten times the present number, which already encumbered their Lordships’ table, and loaded the floor of the House, would have been presented; such was the opinion which the dissenters at large entertained of the measure, and such the anxiety they felt at the appearance of encroachment on any of the privileges which they enjoyed.

The Bill professed to be of a declaratory nature, and only explanatory of the Act of Toleration; but he would contend, that it was repugnant both to the letter and the spirit of the Toleration Act. As to the case of a man teaching blasphemous doctrines, a circumstance to which the noble Lord had adverted as having actually taken place, was not such a person, he would ask, liable to be indicted for a misdemeanour? If a man inculcated sedition or blasphemy from the pulpit, was he not liable to be punished for it? and was not this the case with Winterbotham? There was no occasion for any new law against blasphemy; and therefore, so far there was no occasion for the noble Lord to refer to such an abuse as a ground for the present Bill. His Lordship here made a distinction which is not commonly attended to, and indeed seldom noticed, between the Methodists and other classes of dissenters, by observing that it had ever been their wish to continue members of the establishedestablished Church, had they not been driven by the Conventicle Act to qualify as dissenters, to avoid the penalties which would have otherwise been levied upon them. That some of them, to this day, have chosen to run the risk of such penalties, rather than qualify as dissenters in opposition to their principles, for they do not dissent from the established Church. And was it wise or just policy to subject this people to the vexatious, and to them, ruinous, operation of a Bill, the principle of which was subversive of the Toleration Act? The noble Lord then spoke in terms of high commendation of the zeal and usefulness of this people, and thought them worthy of encouragement and support, rather than restriction and opposition. He knew that some descriptions of preachers among them asked no exemption from serving in civil offices. If they refused 465to serve, their certificate would not protect them. The law on this subject was quite clear, and required no explanation. If a man was a religious teacher, and had no other avocation, in that case he had “a local habitation and a name,” he was a pastor and had a flock, from which it was not the meaning of the Toleration Act that he should be abstracted, in order to serve in civil or military offices. But if all this was not the case, then he could claim no such exemption. If the pressure of the times, and the demand for military service, required that such exemption should be narrowed, then do it by a special Act to that effect, and not by narrowing the Act of Toleration. He had formed this opinion after he had been asked by his noble friend to examine these statutes, before he knew that this Bill was to be opposed by the dissenters, and that he should have to present 250 petitions against it, from the societies in and near London, and the neighbouring counties, of the late Rev. John Wesley. But in a few days there would be an immense number from distant parts of the kingdom. He stated that the person just named, the founder of the sect, or numerous body of christians, whose petitions he with pleasure presented to that House, was a man who he had had the honour to be acquainted with; and had heard expound the word of God; whose labours had not been equalled since the days of the Apostles, for general usefulness to his fellow subjects. A man more pious and devoted, more loyal to his King, or more sincerely attached to his country, had never lived. He also spoke in feeling terms of the eminent character of his own sister (the late Lady Ann Erskine.) The Act was a direct repeal of the most important parts of the Toleration Acts, as they had been uniformly explained for one hundred and twenty years; and he believed that no court and no judges in the country would agree in the construction put on them by the noble Lord. Would they suffer a Bill to pass declaring that to be a law which was not law? It was not only necessary to look into the Toleration Act, but into the intolerant Acts that preceded it, and beat down religious liberty. The noble Lord then went into some of these Acts, and concluded with wishing to God that all of them could be buried in oblivion.

466After a variety of other arguments against the Bill, he concluded a long but most eloquent and impressive speech, with moving that the second reading should be postponed to that day six months.

Lord Holland, in allusion to the assertion, that the majority of the petitioners probably did not understand the measure against which they petitioned, observed, that the holding such language was singularly unbecoming and offensive. Looking at the immense number who signed the petitions on the table, it was no light libel to stigmatize them with want of understanding on a question that so closely touched their immediate interests. A Right Rev. Prelate (the Archbishop of Canterbury) had said, that the deluge of petitions which overflowed their table, was produced by misapprehension. To follow up the metaphor, it might be said that this deluge was brought down by the flagrant sin of the Bill. Two charges had been casually thrown out against him (Lord Holland:) one, that he pushed the idea of religious liberty to an extent which struck at the Christian religion itself: this he must utterly deny. The other was, that he gave absurd and extravagant praise to the Toleration Act, an Act which had been characterised as abominably intolerant. He would not go into those considerations, but come directly to the Bill. He had before declared his principles, and he saw now no reason to shrink from them. He was an enemy, a most decided, principled, and resolved enemy, to restraints on religious freedom. He was convinced that every man had a natural right to choose his mode of religious teaching, and that no authority had a right to interfere with the choice. A man had as good a right to preach a peculiar doctrine as he had to print it.

In the language of the Right Reverend Prelate, (the Archbishop of Canterbury) the scriptures were a great largess to the world, a mighty and free gift to all mankind; not restrained to the disciples or the discipline of a peculiar church, but given for the benefit of the world. (Hear!) he considered the Toleration Act as the great religious charter; and religious liberty could not subsist unless it was perfect and secure, in the language of Locke, it was equal and impartial, and entire 467liberty, of which religion and religious men stood in need. The Toleration Act had two parts. One of them was a most generous and liberal concession to the people, and the other was nothing beyond a base and scanty admission of an undoubted right. In one of those parts a crowd of laws were merely done away, which were a shame to the statute book; laws that ought never to have existed. In the other, it was enacted, that on signing certain articles, an immunity from specified inconveniences should be given to dissenting ministers. He was always unwilling that questions of this nature should be stirred. He would not go into the question, but if it pleased the House that the Toleration Act, which had slept for a hundred and fifty years, should be roused once more, he was ready to meet the whole discussion. When the noble Lord (Sidmouth) had given notice of his measures, the House could scarcely have the aspect in which it was afterwards to look upon them. But at every repetition of the notice, something was added. The evil complained of by the noble Lord was more and more seen to be visionary, but the remedy was seen to be more and more violent. One diminished as the other increased. As to the evils which the Bill was to remedy, there was no document before the House to prove that there was any loss of militia service by the privileges of the dissenters. The noble Lord (Sidmouth) had established his opinion on some private letters, on which probably that noble Lord placed much reliance. But were those things to be documents, authorising the House to heap disabilities on the whole immense body of dissenters? The part of the Bill which went to force the dissenting ministers to be moral, after the fashion of the noble Lord, was new, and offensive, and tyrannical. This was the distinct meaning of the noble Lord. He would manufacture the dissenting ministers into precisely such men as he would wish to have preaching to himself; but this was not the species of preacher that the dissenters chose. This attempt of measuring the morality of the dissenting minister by the noble Lord’s private conceptions, was totally opposed to the principles of the Toleration Act, and was calculated to be eminently offensive and vexatious. What 468was the mode of qualification? They must find six substantial and reputable housekeepers to vouch for their morality. And who were those that were to have the power of bringing forward six such housekeepers to speak to character; or who was to deny the dissenters the right of having humble men for their teachers? Suppose five hundred paupers choose to hear religion from a man of their own choosing and of their own class; was it to be said, that the desire was beyond what might be permitted? and yet where was this teacher to find his six substantial and reputable housekeeping vouchers? Or was the argument to be persisted in by those men who were ready to boast of their attachment to religion, and to acknowledge, as one of its glories, that it had risen by the labours of humble men, not merely without dependence on, but in opposition to the wealth, and influence, and power, of the great of this world? Yet it was not enough for the Bill that the dissenting minister should be devout and learned, but that he should be proved so to his congregation. How? by the signature of six substantial and reputable housekeepers? Was his ordeal to end here? No; the judgment of the six housekeepers was to be revised by a country justice, before the dissenting congregation could be secure of the teacher whom they had originally chosen for his fitness. The article on probationers was unjust and absurd. When a vacancy occurred in the dissenting pulpit, a number of candidates usually appeared, who were to give evidence of their qualities, by preaching, before they had or could have obtained an appointment. By the operation of the article now alluded to, those young men would be subjected to the horrid penalties of the Conventicle Act. If this Bill were to pass, they would find 50,000 Methodist teachers applying immediately for licences, for fear of persecution. But though the regular Methodist teachers might not have any thing to fear from a prosecution of that nature, since the wise statute of Anne, yet if this Bill passed, the whole important body of the itinerants would be exposed to peculiar hazards. The noble Lord (Sidmouth) had spoken of having had the approbation of many respectable dissenters on the Bill; but he (Lord Holland) had 469conversed with many on the subject, and he had not found one who did not decidedly disapprove of it entire. The Bill was completely at variance with the original idea thrown out to the House, as he understood it; and he could not doubt that it was at variance with all that he had ever learned to revere as the genuine principles of religious liberty. (Hear! Hear!)

Lord Stanhope said, he did not now rise to oppose the Bill, because it had already got its death blow. He hoped, however, it would be followed up by a measure of a very different nature, (alluding to the repeal of the Conventicle Act). He had never felt more pleasure in his whole parliamentary life, than he had done on this very day; and if any one asked him the reason, he would tell them, it was at the immense heap of petitions that was then strewed upon their floor, and piled upon their table, and all against this most wretched Bill. He liked this, because a kind of silly talk had been going abroad that there was no public. He had always thought otherwise. He had heard it said, that such was the public feeling, that they would not, at the present moment, be affected by any thing which could possibly happen. The petitions now on their Lordship’s table, however, completely gave the lie to this allegation. The event had shewn that there was still a public opinion in this country, and that, when called into action, it could manifest itself speedily, and with effect. He was happy this had occurred. He had never doubted that there was still such a thing as public opinion; and hoped those noble Lords who had hitherto doubted the fact, would now be convinced of their error. And he saw to-day that there was a public, and a public opinion, and a public spirit. He saw it in the multitude of petitions sent up on so short a notice; and he was rejoiced to find it alive, active, and energetic. He would not talk of the Bill; that was dead and gone; and it would be beneath a man of sense to quarrel with the carcase. (A laugh!) The Bill was declaratory as well as active, and it was illegal as well as either. He defied all the Lawyers in the House, and out of the House to prove that this wretched and unfortunate Bill was not illegal. (Hear!)(Hear!) 470He would not condescend to argue every point. It was unnecessary to argue upon what was beyond human help. It was all over with the Bill; its hour was come; the Bill was dead and gone, but he must say something on the subject, however. The noble Lord (Sidmouth) had declared the Conventicle Act to be abominable. He (Lord Stanhope) was one of those who detested that Act which they called the Toleration Act, and for this reason, because it did not go far enough. He hated the name of the Toleration Act. He hated the word Toleration. It was a beggarly, narrow, worthless word; it did not go far enough. He hated toleration, because he loved liberty. (Hear!) There was not a man in that House—not one among the law Lords—not one, perhaps, among the Bishops themselves, that had read so many of our religious statutes as he had; and disgusting, and foolish, and wicked, the most of them were. He had gone through them with a professional man by his side, and with his pen had abstracted and marked off 300 laws about religion from the Statute Book; and he ventured to assert, that they were of such a nature as would make their Lordships disgusted with the Statute Book, and ashamed of their ancestors, who could have enacted them. There was but one good statute that he saw, and that was a model for statutes: it was the wisest on religion that he had ever seen. It was a statute of Edward VI. who might fairly be said to be the first protestant Prince who had ever reigned in this country, for King Henry the eighth, that defender of the faith, could hardly be said to be a real protestant. This statute of Edward VI. abolished the whole set of religious statutes before it. Yes, shoveled them away all at once; it was the best of statutes. (laughing!) For what need had religion of Acts of Parliament? Was not religion capable of standing by itself? (Hear! hear! from Lord Sidmouth.) The noble Lord might say, hear! hear! but was it not true? If the noble Lord did not believe it, he (Lord Stanhope) at least did. Was not America religious? Yet there, there was no established religion—there, there were no tythes. In one particular state, that of Connecticut, he was informed there was a law, that if any 471man voluntarily gave a bond to a clergymanclergyman, no suit upon it could be entertained in a court of justice. And for a good reason, because it being the duty of the clergyman to instruct his flock, and to make them good and honest men, if he succeeded in doing so, no such suit would have been necessary: on the other hand, having failed to perform his duty, he could have no right to be rewarded. Oh! if the establishment in this country were never to be paid till they made the people honest, many of them, he was afraid, would go without any reward whatever. All, then, must have a right to choose for themselves in matters of religion and this was not the first time he thought so.

To toleration, as it now existed in this country, he was, as he already said, a decided enemy; but to religious liberty he was a most decided friend, convinced that no restraint should be put on religion, unless in so far as it might seem to endanger the state.

Earl Grey said, though he perceived that his noble friend (Sidmouth) did not mean to press this Bill farther, yet, he could not allow the question to be put without declaring his unchangeable objection both to the details and to the principle of the Bill, to which no modifications could ever reconcile him. The principle of the Bill was restraint—restraint vexatious and uncalled for. That it was a Bill of restraint, even his noble friend (Sidmouth) himself had not denied, or attempted to disguise. He (Earl Grey) was against all restraint. He went along with his noble friend (Lord Holland) in thinking that every man who was impressed with a belief that he had a call to preach, ought to have every liberty allowed him to do so. One inconvenience stated to result from this unlimited liberty had been said to be of a purely civil nature, inasmuch as it afforded facilities to men not actually preachers, but who pretended to be so, to avail themselves of that character, to escape certain obligations imposed on the other subjects of the country, such as serving in the militia, &c. Judging from the papers on the table, he could not see the force or justice of this observation. For the last forty years the number of persons licensed 472appeared to have been about 11,000. He should take, however, the last twelve years. Dividing them into two equal parts, it appeared that, in the six former years, the number licensed was 1,100, and, in the latter six years, 900, so that the number had diminished, instead of increasing, and the present measure, instead of being thereby more peculiarly called for, had become so much the less necessary.

Lord Sidmouth briefly replied. He took some objection to the legal reasoning on his Bill, and professed himself not dismayed, by the opposition which it met, from bringing forward any future measures on the subject, which he thought suggested by his duty.

The question was then put by the Lord Chancellor, “that the Bill be read a second time this day six months,” and carried without a division: it was therefore entirely lost.

Lord Sidmouth’s Bill being thus lost, and the subject of Toleration having been so fully discussed, and so ably defended in the House of Lords, it was rational to hope that the cause of religious liberty would now be triumphant; that persecutors would be ashamed and hide their heads; that the pious people of the land would enjoy their privileges unmolested; that every man would be permitted to worship God according to the dictates of his conscience, and “sit under his vine and fig-tree, none daring to make him afraid.” But alas! this hope was fallacious; the spirit of persecution revived, a new construction was put upon the Toleration Act, and “the enemies of religious liberty exerted themselves to effect that without law, which they failed to accomplish by it.” Several magistrates in different parts of the kingdom, at the Quarter Sessions of the peace, refused to administer the oaths as formerly, to the ministers who applied, and in some cases they were treated with rudeness and contempt!

The Conventicle Act was again brought into use, and several persons were fined, or imprisoned, for preaching without licences, or in unlicenced houses, and in one instance, for praying with a few poor people: this religious exercise, by a certain 473Nobleman, who was chairman of the Quarter Sessions, was construed in teaching, and the man was fined accordingly! This extraordinary decision, however, was overruled by an application to the Court of King’s Bench, and the fine returned.

Dreadful outrages were committed in various parts of the country, and the lives and liberties of his Majesty’s peaceable and loyal subjects were threatened and endangered.

These circumstances greatly alarmed the nation, and more especially as several cases had been brought before the Court of King’s Bench, and the decisions of the Judges appeared to be contrary to former interpretations of the Toleration Act. Matters now began to wear a very alarming aspect, and it was apprehended that the persecuting spirit of former ages was about to be revived. The Toleration Act, under which the Methodists and Dissenters had been so long protected, it was now discovered, could no longer afford them protection. This state of things excited universal interest; the minds of the pious people in the land, both in and out of the established Church, were greatly agitated; and it was deemed highly expedient, yea absolutely necessary, that some decisive steps should be immediately taken, for the better security of the invaluable rights of Conscience and Religion.

The Committees of the different denominations of Dissenters, of the friends of Religious Liberty, and of Mr. Wesley’s Societies, as mentioned before, were again convened; and after the most mature deliberation, it was unanimously determined respectfully to submit their grievances to his Majesty’s Ministers, and to pray for redress. This they did, first to the late Right Honourable Spencer Perceval, Chancellor of the Exchequer, who approved of the plan proposed for their relief, and promised them support; as will appear from the following authentic copy of a letter, dated Downing-street, April 10th, 1812, and addressed to Joseph Butterworth, Esq. Fleet-street.

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 your 474communication, 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 civil 475and 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.

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 religious 476worships 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 upon all who 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, 477to the Superintendants of Circuits in the Methodist connection.

London, July 31st, 1812.

InIn May 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 to originate with 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 the Earl 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 the Conventicle Act, (22 Charles II. c. 1) it was enacted, that if any person of sixteen years of age and upwards, should be present at 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 persons 478besides those of the same household, he should pay a fine of five shillings for the first offence, and ten shillings for every subsequent offence; which penalties might, in case of the poverty of an offender, be levied on the goods and chattles of any person present. Every person who should teach or preach at such Conventicle or meeting, should forfeit twenty pounds for the first offence; and forty pounds, for every subsequent offence. Every person who should suffer any such Conventicle or meeting in his house or premises, should forfeit twenty pounds, which, in case of his poverty, might be levied upon the goods of any person present. The justices and the military were 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 no record, warrant, or mittimus to be made by virtue of that Act, or any proceedings thereupon should be reversed, avoided, or any way impeached, by reason of any default in form! It was also declared, that the goods and chattles of the husband should be liable for the penalties incurred by the wife for attending a meeting for religious worship.

As to the Five Mile Act, (17 Charles II. c. 2) it is thereby declared, that persons therein mentioned who should preach 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 of forty 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 of King William and Queen Mary, when, or 479soon 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 the Toleration Act, it was in substance declared, that with regard to private individuals, the former Acts should not extend to any person dissenting from the Church of England, who should at the Sessions take the Oaths, and subscribe the Declaration therein mentioned; and with regard to the ministers of religion, it was enacted that no person dissenting from the Church of England, in Holy Orders, or pretended Holy Orders, or pretending to Holy Orders, nor any preacher or teacher of any congregation of dissenting Protestants, who should at the Sessions make the Declaration and 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 place with the doors locked, barred, or bolted. By this Act also, a justice was empowered at any time to require any person that went to any meeting for the exercise of religious worship, to subscribe the Declaration and take the Oaths therein mentioned; and in case of refusal, to commit 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 till registered. And disturbers of religious worship coming into a 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 the Statute of the 10th of Queen Anne, c. 2, which extends the liberty of a person having taken the Oaths in one county, to preach in another county; nor the Statute of the 19th of George III. which regulates the Oaths and Declaration to be made, and extends the exemptions.

You will perceive, that it was only by the operation of these last Acts, that any Protestant not resorting to the established church, could be protected from the antecedent penal statutes; and in proportion as the construction of these Tolerating Acts 480was 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 of Dissenters was 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 merely ministerially—that they had no authority to enquire into the fitness or character of the applicant—and could not refuse the oaths, &c. to any man who represented himself in Holy Orders, or pretended Holy Orders, or as pretending to Holy Orders; or as being a teacher or preacher of a congregation dissenting from the church of England; and it was thought, that there could scarcely be any dissenting teacher 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. The new construction of 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 some particular 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 the Methodists, even if they could denominate themselves Dissenters, 481the 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 the preachers, and of persecution against the harmless members of 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 popular Publications month after month, and one quarter of 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 the Conventicle Act upon those who either had not taken the oaths, or could not take them, or were not permitted to 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 as Dissenters, 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.

482These 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, been tolerated by the general consent of the country, rather than protected by the law; 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 of uncertain interpretation as to Dissenters, but of no value to those who considered 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 the Methodist Societies, and to other 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 as Dissenters,—to whom, alone, the Act of Toleration applied. 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 recognize the 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 to any one sect of religious people.

483As 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, yet it is the unalienable right of every man to worship God agreeably to the dictates of his own conscience; and that he has a right to HEAR and to TEACH those Christian truths which he conscientiously believes, without any restraint or judicial interference from the civil 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 an antecedent qualification, 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 the rights of conscience, and give every needful pledge to the State, 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 in 484practice, the correspondence with the Earl of Liverpool was 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 the Protestant 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 the Methodist Societies, and other 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 Act absolutely repeals the Five Mile and the Conventicle Acts, and another Act of a most offensive kind, which affected a highly respectable body, the Quakers. 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 the Dissenters, how liberally it treats the condition of our 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 hand if he be a Dissenter he is protected by this Act. The simple condition of protection is, that a Protestant do resort to some 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. To our 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 of 485worship must be certified to the proper Court; but under this Act, a Preacher need not wait till the place be registered before he preaches. By the former Acts only five persons could meet together, besides a man’s own family, without having the place registered; by this Act, the number is extended to twenty persons who may meet without certifying the place of meeting. By the former 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 on once to take them afterwards, if required in writing by one Justice. By the Toleration 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 to travel 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 the new construction of the Toleration Act, it appeared that only particular persons could insist upon taking the Oaths, &c. by this Act any 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 coming 486into 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 of Certiorari is 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, the disseminationdissemination of 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 the religious 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, and 487great 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 to His 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 to the right honourable, The Lord High Chancellor, 488for his Lordship’s candid and liberal attention to the Bill, in the House of Lords; and also to the 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 the Right Honourable Earl Stanhope, to the Right Honourable Lord Holland, and to the Right Honourable Lord Erskine, for their attention and support in the House of Peers; and to William Wilberforce, Esq. James Stephen, Esq. Samuel Whitbread, Esq. and Thomas 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 the Quakers, 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 to 489Him, 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 to maintain 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 our King and our Country: let us pray for more grace, that we may use our extended religious privileges to the greatest advantage, not only by 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 the power of God unto Salvation, to them who believe; and thus promote Glory to God in the Highest, and on Earth PEACE, and GOOD WILL among Men,—the great END for which our Societies have been established.

(Signed by Order and on behalf of the Committee,)

Adam Clarke, Chairman,

Joseph Butterworth, Secretary.

490

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.)

52 Geo. 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 permitted 491or 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.

492IV. 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, 493shall 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)

494“I A. B. one of His Majesty’s Justices of the Peace for the county (riding, division, city, or town, or place, as the case may be) of ________________ Do hereby certify, that C. 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 a 495true 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 be 496committed 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 levied 497by 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.

498XVIII. 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.

SECTION II.

1. All religious Assemblies of Protestants, not exceeding Twenty Persons, besides the family of the person in whose premises such Assembly shall be held, are lawful without registering 499the place of Meeting, so that there will be no absolute necessity to register the houses where Prayer, and other Social Meetings are held. However, as it is attended with scarcely any inconvenience, it is recommended that all Places where, in probability, more than Twenty Persons may assemble for Religious Instruction, including Sunday Schools, be certified and registered.

2. It is not necessary to register any place, which has been registered previous to the passing of this Act.

3. It is not necessary to wait till the place is actually registered, but a Religious Assembly may lawfully be held after a certificate that the place is intended to be used for Religious Worship is lodged with the person or any one of the persons mentioned in the Section.

4. The following form of Certificate to be sent to the Bishop, or Archdeacon, or Justices of the General or Quarter Sessions, is recommended, to sign which only one person is necessary, that is to say,

“To the Right Reverend the Lord Bishop of ________ (as the case may be) or the Reverend (A. B.) Archdeacon of ______ (as the case may be) and to his Registrar, or to the Justices of the Peace (of the County, Riding, Division, City, Town, or Place, as the case may be) and to the Clerk of the Peace thereof.”

“I, A. B. of (describing the christian and surname, and place of abode, and trade or profession of the party certifying) do hereby certify, that a certain Building, (Messuage, or Tenement, Barn, School, Meeting House, or part of a Messuage, Tenement, or other Building, as the case may be) situated in the Parish of ______ and County of ______ (as the case may be, and specifying also the number of the Messuage, &c. if numbered, and the Street, Lane, &c. wherein it is situate, and the name of the present or last Occupier or Owner) is intended forthwith to be used as a place of Religious 500Worship by an Assembly or Congregation of Protestants, and I do hereby require you to register and record the same according to the provisions of an Act passed in the 52d year of the Reign of His Majesty King George the Third, intituled An Act to repeal certain Acts, and amend other Acts, relating to Religious Worship, and Assemblies, and Persons teaching or preaching therein, and I hereby request a Certificate thereof. Witness my hand this __ day of ______ 181__

A. B.”

The address to be used must depend upon the person or persons with whom the Certificate is to be deposited. Between the different Sessions, the Bishop and Archdeacon’s Registry is generally open.

It is not necessary that this Certificate should express that the place is to be registered for protestant Dissenters, the Act mentions only Protestants, and it is recommended that no Certificate be accepted from the Registrar of the Bishop, or Archdeacon, or from the Clerk of the Peace, which narrows the term, or which states the place to be for any specific denomination of Protestants. The Certificate should mention Protestants only.

Two copies of the above Certificate should be prepared, and signed in the presence of a respectable witness. One to be delivered to the Bishop, Archdeacon, or Clerk of the Peace, and the other to be kept by the party, signing the same, who is to require from the Registrar or Clerk of the Peace, to sign a Certificate on the part to be kept, that such Certificate as above has been delivered to him. Such Certificate to be written beneath the name of the party or parties signing the original Certificate, in the following form:

“I, C. D. (Registrar of the Court of the Bishop of ______ or Archdeacon of ______ or Clerk of the Peace for the County of ______ as the case may be) do hereby certify that a Certificate, of which the above is 501a true copy, was this day delivered to me, to be registered and recorded pursuant to the Act of Parliament therein mentioned. Dated this __ day of ________ 181__

C. D. Registrar, or Clerk of the Peace.”

Thus in case any accidental delay in the Registration should take place, and it be needful to use the place, as a place of religious Assembly, proof will exist that the Certificate was duly delivered and consequently the parties be free from penalty, if they use the place for Religious Worship after it is certified, but before it is registered.

5. At the time the Certificate of the parties is presented to the Bishop, or Archdeacon, or to the Sessions, the Fee of 2s. 6d. should be paid to the Registrar, or Clerk of the Peace, for registering and certifying the same, and his Certificate should be required accordingly.

SECTION III.

Before, it was made penal by this Section to preach in a house, without the consent of the Occupier, a person doing so was liable to an Action by the Common Law.

SECTION IV.

The first Section having repealed altogether the Five Mile and Conventicle Acts, and an Act relating to the Quakers, by this Section all Protestants, whether Teachers or Hearers, whether Dissenters or Churchmen, attending a Place of Worship, certified under this Act, are exempted, even before actual and formal registration, from the penalties of all the Acts recited in the Toleration Act, or in any Act amending the same.

SECTION V.

A Preacher may be required (if he has not already qualified) to take the Oaths, &c. after he has actually preached, but it is 502not necessary that any person should take the Oaths and subscribe the Declarations required, as an antecedent qualification to preach. The requisition must be made by a Justice of the Peace in writing.

The following are copies of the Oaths, &c. referred to in the Section.

OATH OF ALLEGIANCE.

“I, A. B. do sincerely promise and swear, that I will be faithful and bear true allegiance to his Majesty King George.

“So help me God,

“A. B.”

OF SUPREMACY.

“I, A. B. do swear, that I do from my heart, abhor, detest, and abjure, as impious and heretical, that damnable doctrine and position, that Princes, excommunicated, or deprived by the Pope, or any authority of the See of Rome, may be deposed or murdered by their subjects, or any other whatsoever. And I do declare, that no foreign Prince, Person, Prelate, State, or Potentate, hath, or ought to have, any jurisdiction, power, superiority, pre-eminence, or authority, Ecclesiastical or Spiritual, within this Realm.

“So help me God,

“A. B.”

DECLARATION AGAINST POPERY.

“I, A. B. do solemnly and sincerely, in the presence of God, profess, testify, and declare, that I do believe, that in the Sacrament of the Lord’s Supper, there is not any transubstantiation of the elements of bread and wine into the body and blood of Christ, at or after the 503consecration thereof, by any person whatsoever, and that the invocation or adoration of the Virgin Mary, or any other saint, and the sacrifice of the Mass, as they are now used in the Church of Rome, are superstitious and idolatrous; 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 read unto me, as they are commonly understood by Protestants, without any evasion, equivocation, or mental reservation whatsoever; and without any dispensation already granted me for this purpose by the Pope, or any other authority or person whatsoever, or without any hope of dispensation from any person or authority whatsoever, or without believing that I am or can be acquitted before God or man, or absolved of this declaration, or any part thereof, although the Pope, or any other person or persons whatsoever, shall dispense with or annul the same, or declare that it was null and void from the beginning.

“A. B.”

DECLARATION OF CHRISTIAN FAITH.

“I, A. B. do solemnly declare in the presence of Almighty God, that I am a Christian and a ProtestantProtestant, and as such that I believe that the Scriptures of the Old and New Testament, as commonly received among Protestant Churches, do contain the revealed will of God; and that I do receive the same as the rule of my doctrine and practice.

“A. B.”

SECTION VI.

The Preacher is not now required to go to the Quarter Sessions for the purpose of making the Oaths, &c. but is to go before a neighbouring Magistrate for the purpose.

504SECTION VII.

1. Any person, being a Protestant, whether Preacher or not, may require a Justice to administer the Oaths, &c.

2. The person requiring a Justice to administer the Oaths, &c. must take a fair copy of them. The forms of the Oaths, &c. are given in the Notes on Section V, which, after substituting his name for A. B., are to be signed by the person who desires to take them.

3. No person need be at the trouble of applying to take the Oaths, &c. unless he be a regular Preacher, wholly devoted to the Ministry, who intends to claim exemption from civil and military services agreeably to the 9th Section.

SECTION VIII.

This Section supplies the form of the Certificate of taking the Oaths, and subscribing the Declaration, which the Justice is to give in all cases, and for which he may demand 2s. 6d. when the Oaths, &c. are taken on the requisition of the party taking them; but this Fee is not payable if the Justices require a person to take the Oaths, &c.

SECTION IX.

To entitle a person to exemption from civil or military services, he must be altogether employed in the duties of a Teacher or Preacher, and not engaged in any secular employment for his livelihood, with the exception of that of a Schoolmaster.

SECTION XII.

This Clause subjects to a penalty of £40, any person or persons who shall (whether on the outside of within a place of religious Assembly) wilfully and maliciously, or contemptuously, by any means disturb a Congregation, or disturb, molest, or misuse any Preacher, or other person there assembled.

505This clause, of extensive operation, will be found most ample for the protection of all persons meeting for the worship of God, and is a great and beneficial addition to the law on that subject.

In order to excite sentiments of gratitude in our hearts for the invaluable religious privileges secured to us, as subjects of the British Empire, by the above recited Act, and to evince that these privileges ought to be very highly estimated by us, I shall here insert, as a striking contrast, a copy of a most intolerant and horrid Edict recentlyEdict recently issued by the Emperor of China, against the introduction of Christianity into his vast Empire. An Empire that is said to contain about a third part of the population of the world! The inhabitants of which are immersed in the grossest superstition and idolatry, and are sitting in the “region of the shadow of death, without light and without vision.”

The Roman Catholics indeed, have for many years had Missionaries in China, but they have degraded the doctrine of the Cross, by blending it with Pagan rites, and by withholding from their own converts, the grand means of correcting their errors, and illuminating their darkness, even the WORD OF ETERNAL LIFE.

The means of obtaining a version of the scriptures in the Chinese language, have for several years past occupied the minds of the Provost and Vice Provost, of the College of Fort William, in India; and they considered it an object of the utmost importance to introduce the Gospel, into that immense empire.

After much enquiry they succeeded in procuring Mr. Johannes Lassar, an Armenian christian, a native of China, and a proficient in the Chinese language. He relinquished his secular employments, and entered immediately on the translation of the Scriptures into that language; and in this work he is still engaged. Several young men also, who are under the tuition of Mr. Lassar, are now studying the Chinese language, have already made considerable proficiency, and are assisting in the translation of the holy Scriptures. A printing press has been procured, and a considerable part of the New Testament has been printed off, from blocks, after the Chinese manner. While 506Mr. Lassar and Mr. Joshua Marshman, (his elder pupil,) are thus translating the Scriptures at Calcutta, Mr. Morrison is prosecuting a similar work at Canton, in China, with the aid of able, native scholars. Thus have the founders and supporters of the College, at Fort William, admitted a dawn of day through that thick impenetrable cloud, which for many ages has insulated that vast empire from the rest of mankind.^[Ag]

These efforts to introduce the WORD OF LIFE into China, seem to have excited the jealousies of the Emperor and his Court, and to form the basis of the following Edict.

EDICT AGAINST CHRISTIANITY.

Canton, April 4, 1812.

The following Edict was translated from the Chinese into Spanish, by a Roman Missionary, at Macao: and translated out of Spanish into English. I have not seen the original Chinese paper. I have seen several papers in the Pekin Gazette, of which the following is indeed the substance. In those papers, however, the magistrates also are threatened with degradation, dismissal from the service of government, &c. if they connive at the promulgation of what they denominate Teenchu Keaou (The Religion of the Lord of Heaven)—the name which the Roman Missionaries have adopted.