of any one justice of the peace or lawfully called in aid of the conchief magistrate, of his particular stable, headborough or tithingman, information or knowledge of such unlawful meeting or conventicle, held or to be held in their respective counties or places, and that be, with such assistance as he can get together, is not able to suppress and dissolve the same, shall and may and are hereby required and enjoined to repair unto the place where they are so held, or to be held, and by the best means they can, to dissolve, dissipate or prevent all such unlawful meetings, and take into their custody such and so many of the said persons so unlawfully assembled, as they shall think fit, to the intent they may be proceeded against accord. ing to this act.

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X. Provided always, That no dwelling-house of any peer of this realm, where he or his wife shall then be resident, shall be searched by virtue of this act, but by immediate warrant from his majesty, under his sign manual, or in the presence of the lieutenant, or one deputy-lieutenant, or two justices of the peace, whereof one to be of the quorum, of the same county or riding.

shall wilfully and wittingly omit the performance of his duty, in the execution of this act, and be thereof convicted in manner aforesaid, he shall forfeit for every such offence, the sum of five pounds, to be levied upon his goods and chat. tels, and disposed in manner aforesaid: and that if any justice of the peace, or chief magistrate, shall wilfully and wittingly omit the performance of his duty in the execution of this act, he shall forfeit the sum of one hundred pounds; the one moiety to the use of the informer, to be recovered by action, suit, bill or plaint, in any of his majesty's courts at Westminster, wherein no essoin, protection, or wager of law shall lie.

XII. And be it further enacted by the authority aforesaid. That if any person be at any time sued for putting in execution any of the powers contained in this act, otherwise than upon appeal allowed by this act, such person shall and may plead the general issue, and give the special matter in evi-, dence; and if the plantiff be nonXI. And be it further enacted suit, or a verdict pass for the deby the authority aforesaid, That fendant, or if the plaintiff discon it upon demurif any constable, headborough, tinue his action, or tithingman, church-warden or rer. judgment be given for the de tendant, every such defendant shall have his full treble costs.

overseer of the poor, who shall know, or be credibly informed of XIII. And be it further enacted, any such meetings or conventicles, held within his precincts, parishes, by the authority aforesaid, That or limits, and shall not give infor. this act, and all clauses therein mation thereof to some justice of contained, shall be construed most the peace, or the chief magistrate, largely and benefcially for the and endeavour the conviction of suppressing of conventicles, and the parties, according to his duty; for the justification and encou but such constable, headborough, ragement of all persons to be em. tithingman, church-warden, over. ployed in the execution thereof; seers of the poor, or any person and that no record, warrant or

VOL. VII.

3 D

mittimus, to be made by virtue of don and the liberties thereof, for this act, or any proceedings there the examining, convicting and upon, shall be reversed, avoided, punishing of all offences within or any way impeached by-reason this act, committed within Lon. of any default in form. And in case don, and the liberties thereof, any person offending against this which any justice of peace hath act, shall be an inhabitant in any by this act, in any county of Engother county or corporation, or fly land, and shall be subject to the into any other county or corporation, same penalties and punishments, after the offence committed, the for not doing that which by this justice of peace or chi fmagistrate act is directed to be done by any before whom he shall be convicted, justice of peace in any county of as aforesaid, shall certify the same England. under his hand and seal, to any justice of peace, or chief magis. trate of such other county or corporation wherein the said person or persons are inhabitants, or are fled to; which said justice or chief magistrate respectively, is hereby authorized and required to levy the penalty or penalties in this act mentioned, upon the goods and chattels of such person or persons, as fully as the said other justice of peace might have done, in case he or they had been inha. bitants in the place where the offence was committed.

XIV. Provided also, that no person shall be punished for any of. fence against this act, unless such offender be prosecuted for the same within three months after the offence is committed. And that no person who shall be punished for any offence by virtue of this act, shall be punished for the same offence, by virtue of any other act or law whatsoever.

XV. Provided, and be it further enacted, by the authority aforesaid, That every alderman of London for the time being, within the city of London, and the liberties thereof, shall have (and they and every of them are hereby impowered and required to execute) the same power and authority within Lon

XVI. Provided, and be it enacted by the authority aforesaid, That if the person offending, and convicting as aforesaid, be a feme covert, cohabiting with her hus. band, the penalties of five shillings, and ten shillings, so as aforesaid incurred, shall be levied by warrant, as aforesaid, upon the goods and chattels of the husband of such feme covert.

XVII. Provided also, That no peer of this realm shall be attached or imprisoned, by virtue or force of this act; any thing, matter or clause, therein to the contrary notwithstanding.

XVIII. Provided also, That neither this act, nor any thing therein contained, shall extend to invalidate or void his majesty's supremacy in ecclesiastical affairs; but that his majesty, and his heirs and successors may from time to time, and at all times hereafter, exercise and enjoy all powers and authority in ecclesiastical affairs, as fully and as amply as himself or any of his predecessors have or might have done the same; any thing in this act notwithstanding.

Mr. Perceval's Letter

on the Toleration Act, addressed to William Smith, Esq. for the Deputies; to Messrs, Pellatt

Downing Street,

and Wilks for the Protestant point in dispute in that case. By Society; and to Mr. Butter- postponing the application to Par worth, for the Wesleyan Bleth- liament, till after the decision in odists. that case, no such delay will be be incurred as will prevent the ap. plication to Parliament in this session, since the decision wiil, I believe, be pronounced upon it, in the ensuing term.

SIR, April 10, 1812. Having had an opportunity in the course of the late recess, to Consider with my colleagues the subject of your communication on the part of the Dissenters, I proceed to acquaint you, as I promised, with our opinion upon it.

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 certifi cates, to such persons as may apply, is a matter which I wish to be understood as reserved for future

terial 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

It appears to us, that the interpretations recently given, at different Quarter Sessions, to those statutes under which magistrates are authorized to grant certificates consideration; but I think it ma. to persons wishing to act as Dissenting ministers, (and which in terpretations, as far as they have hitherto undergone judicial decision, appear to be more correct con. structions of these laws, than those which heretofore prevailed in practice,) place the persons, who wish for preaching, &c. should be 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 di. rect application to the Legislature till that decision shall explain the exact state of the law upon the

universal to all who so qualify themselves; while the exemption from civil and military burdens or duties should be confined to those only who are ministers of congregations, and who make the minis. try so completely their profession, as to carry on no other business, excepting that of a school-master.

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 Dis senters should be put precisely on the same footing as chapels belonging to the Establishment; if they

come fairly and fully within the meaning of the legislature, on a comparison of the terms applicable to cach class, to take the oaths, it is unnecessary for us to consider the question further, inasmuch as

stand on any other footing, in are substantively entitled, if they 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 to law in that respect should be altered. It you wish for any further the magistrates have not denied communication with me upon this subject, I shall be happy to ap. point a time for seeing you. I have the honour to be,

Sir,

Your most obedient

humble Servant,

that he bore that character, but have refused him only because they thought he must have a con. junct character of another sort, in order to entitle him as a person pretending to holy orders; but the meaning of the words "pretending

(Signed.) SP. PERCEVAL. to holy orders," whether it can, in

reason or in sense, be understood The Judgment of the Court of to mean any thing beyond preKing's Bench, on the Motion tending to have holy orders, will be for a Mandamus, in the Case open to the magistrates upon a reof the King, on the Prosecution turn to this mandamus, if they of Thomas Standfast Brittan, think fit so to return, to state and versus the Justices of Glouces. to explain; and in so thinking it tershire, 6th of May, 1812, proper that a mandamus should taken from the short-hand notes go for the purpose of their making of Mr. Gurney. such return, if they should choose

LORD ELLEN BOROUGH. It so to do, the Court is not only occurs to me, Mr. Topping, that conducted to that conclusion by we not only have no occasion, what has been done by their prebut that we cannot decide upon decessors upon former occasions, that question, upon this applica- but by a regard to the justice of tion; this is an application for a the remedies the parties may have, mandamus, in which the man if they shall be abridged of their swears himself to be one of the rights; because on a return to the description of persons who are en- mandamus, if they shall return titled to take these oaths, that he that he is not a person pretending is a person pretending to holy or to holy orders, and that that is ders. The refusal to admit him synonimously, according to the so to do, is upon the ground that construction in Cater's Case* prehe must be, not only a person pie. tending to possess holy orders, if they tending to holy orders, but (upon shall return, that in point of fact some supposition that the Court he is not a person pretending to have so decided) that he must al. have holy orders, and that he has so be a preacher or teacher of a no orders of any description whatcongregation; now if the Court is ever, then it will be open to the not prepared to understand, in party either to move to quash that that copulative sense, the words of return, if they shall think it sufthe statute descriptive of the several different classes, all of whom

* Skinner's Rep. 80.

ficient, or to bring an action upon registry and certificate do not prove that they are within the act, they will still be obliged to shew that they are within the requisite qualifications, if called upon, notwithstanding the register and certificate; and if, in fact, they are not within the qualifications, the justices may return that they are not, if they think proper to do so.”

it, if they shall think it false in fact; and it does seem to the Court, on the authority of precedents of what their precedessors have done respecting other clauses of this act, that it may be expedient, with a view to justice and to the ulterior remedy of the party, that that should be done in this case, because they may, in that In this case, let it be distinctly case, put it upon the record, by understood, the parties apply unbringing an action for a false re- der one specific description in the rurn, and then the construction of Toleration Act, as persons prethis statute may go by appeal to tending to holy orders. The jusevery court in Westminster Hall. tices enter into no consideration of I do not mean to trouble you the fact at the sessions, whether further, Mr. Topping, for the they maintain that pretence acCourt mean to make the rule ab. cording to the fair construction of solute. But I will just state what the act, but admitting them to be has been done by the Court upon persons pretending to holy orders, this statute. In a case in 6 Mod. they object upon the ground al. 310, which was a motion made leged, that no person pretending by Mr. King, then at the bar, but to holy orders was entitled to take afterwards Lord King, for a man- the oaths and to make and sub. damus to the justices of Warwick- scribe the declaration and so on, shire to admit one Peat to take unless he was also, at the same the oaths, in order to be qualified time a preacher or teacher of a to teach a Dissenting congrega. congregation of Protestant Distion; the words of Lord Chief senters. That they state as being Justice Holt were these: "The the determination which has been party ought to suggest whatever is lately made in this court; but in necessary to entitle him to be ad- which they are certainly mistaken; mitted, and if that be not done, and they assign no other reason. or if it be done, and the fact be His allegation, at the time of his false, that would be good matter application, does not appear to to return;" and the same, in effect, have been traversed by them. We was said by Lord Mansfield, in give them then the opportunity of the case of the King, v. the Justices traversing it, we give them the opof Derbyshire, which has been re- portunity of returning, if they shall ferred to, as reported in Sir Wil- think fit so to do, that he is not such liam Blackstone; but it is full as a person; so as to raise the queswell reported in 4 Burrow, 1991, tion either upon the return, when and where what Lord Mansfield the question upon the sufficiency said at the close of the case is re- of the return may be argued be. ported, which it is not in Black- fore the court, or afterwards. Sup. stone. His lordship says, no posing the return should be sus. inconvenience can attend the re- tained, and the mandamus be rengistering this meeting-house. The dered inefictual in respect of the

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