from Papists and Popish recusants, and all persons denying the Trinity according to the doctrine of the 39 Articles. Sect. 19 provides that the place of meeting shall be certified to the Bishop or Archdeacon; or at the Quarter Sessions.

By Stat. 5 Geo. 1, ch. 4, no Mayor or principal Magistrate, must appear at any Dissenting Meeting with the ensigns of his office, on pain of disability to hold that or any other office, Sir Humphrey Edwin, a Lord Mayor of Londọn, having had the imprudence soon after the Toleration Act, to go to a Presbyterian Meeting-house in his formalities; which is alluded to by Dean Swift, in his Tale of a Tub, under the allegory of Jack getting on a Great Horse, and eating Custard. The legislative judging it a matter of propriety, that a mode of worship, set up in opposition to the national, when allowed to be exercised in peace, should be exercised also with decency, gratitude, and humility. (Blackstone)

By the 19 Geo. 3, ch. 44, relief is extended to Protestant Dissenting Ministers scrupling to subscribe the 39 Articles, on their taking the oaths, and subscribing the declaration against Popery; and also a declaration of their being Christians, and Protestants, and believing the Scriptures, as received in Protestant Churches, to contain the revealed will of God. And such Ministers, or any other Protestant Dissenters taking the said oaths, &c. may instruct youth as Schoolmasters.

The 22 Geo. 2, ch. 30, extends relief to Moravians, as the 22 Geo. 2, ch. 40, does to Quakers; whose affirmation is allowed in lieu of an oath, in all cases, except as evidence in criminal cases; but this not to enable them to serve on Juries, or bear any office of profit under government.

In the great case of Evans against the Chamberlain of London, 1762, it was determined, after an appeal to the House of Lords, that a Dissenter is not fineable for refusing to serve Corporation offices. See the case fully reported in Burn's Eccle. Law, title " Dissenters."

The $1 Geo. 3, ch. 32, sec. 9, extends indulgence to Roman Catholics; but they who repair to no place of worship are still liable.

By the Act 52 Geo. 3, ch. 155, (passed 29 July, 1812,) entitled "An Act "to repeal certain Acts, and amend other Acts, relating to Religious Worship "and Assemblies, and persons teaching or preaching therein;" it is enacted as follows:

Sect. 1 repeals the Stat. 13 and 14 Car. 2, as to the refusing to take lawful oaths, the Stat. 17 Car. 2, ch. 2, called " The Five Mile Act," and the Stat. 22, Car. 2, ch. 1, called "The Conventicle Act." Sect. 2 forbids the assembly for religious worship of Protestants of more than 20 persons, besides the family, in any place not registered and certified according to the former Acts; and contains particulars as to registering the same, under a penalty for permitting such congregation to assemble of not exceeding 201., nor less than 20s. at the discretion of the Magistrate. Sect. 3 inflicts a penalty of not exceeding 30l.,

certificate.

nor less than 40s. on persons teaching or preaching without consent of the occupier, so as to subject him to any penalty. Sect. 4 exempts from penalties persons officiating in places duly certified, as persons who have taken the oaths, &c. prescribed by 1 Will. and Mar. Sect. 5 inflicts a penalty of not exceeding 10l., nor less than 10s. on every person not having taken the oaths, &c. prescribed by 19 Geo. 3, for the relief of Protestant Dissenting Ministers and Schoolmasters, who shall preach, &c. after refusing to take the oaths, &c. when required by any Justice in writing. Sect. 6, but that no person be compelled to travel more than five miles from home for this purpose. Sect. 7 authorises and requires such Justice to administer such oaths, &c. to any Protestant subject requiring it. Sect. 8, and to deliver him a certificate for the same. Sect. 9 declares that every person teaching or preaching, and not engaged in any trade, &c., and producing such certificate, shall be exempt from the civil services and offices of the said Stat. W. and M., and from serving in the Militia or Local Militia. Sect. 10 inflicts a penalty of 50l. for producing a false Sect. 11 forbids any meeting for religious worship with the door locked, &c. under a penalty on the person preaching, &c. not exceeding 201. nor less than 40s. Sect. 12 guards against persons disturbing such meetings, &c., and directs their finding two sureties to be bound in the sum of 501. or being committed to prison till the next Quarter Sessions; and upon conviction of the offence to forfeit 401. Sect. 13 saves the jurisdiction of the Archbishops, Bishops, &c. Sect. 14 declares the Act does not extend to Quakers, nor repeals any Aet respecting them except the 13 and 14 Car. 2, as to oaths. Sect. 15 enacts that where no special provision is made, persons may be convicted on the oath of two witnesses, before two Justices, who may levy the penalties, or in default of distress, commit to prison to hard labour for any time not exceeding three months. Sect. 16 allows of Appeal. Sect. 17 limits the recovery of penalties to six months; and no person who shall suffer imprisonment for not paying any penalty to be thereafter liable to it. Sect. 18 limits the bringing of actions against persons acting under this Statute to three months, and in the county where the cause of action accrued. Sect. 19 declares it to be a public Act.

By 53 Geo. 3, ch. 160, (passed 21 July, 1813) intituled " An Act to relieve "persons who impugn the doctrine of the Holy Trinity from certain penalties" -it was enacted by Sect. 1, that so much of the Act 1 W. and M. for exempting Protestant Dissenters from the penalties of certain laws, as provides that the said Act should not extend to benefit persons denying the Trinity, should be repealed; by Sect. 2, that the provisions of Act 9 and 10 W. 3, for suppressing blasphemy and profaneness so far as related to such persons should be repealed; and by Sect. 3, that the Acts passed in Scotland in the first Parliament of Charles the 2nd, and in the first Parliament of William the 3rd against blasphemy, ordaining the punishment of death, should also

be repealed.

OBSERVATION III. The Author had made a copious SELECTION of extracts from modern writers on the subject of ECCLESIASTICAL ESTABLISHMENTS, and TESTS, and on the claims of Dissenters as to a repeal of the Corporation and Test Acts; but he finds, that, although obviously connected with the present part of his Work, it would, with the addition of other things on which he has hesitated, carry the whole to an extent far beyond what he contemplated. At a future day they may be made the subject of an APPENDIX; and upon that, the Public will exercise a discretion, whether to consider, and possess it, as an essential part of the Work, or not.

THE PREFACE.(1)

Ir hath been the wisdom of the Church of England, ever since the first compiling of her Public Liturgy, (2) to keep the mean between the two

(1) This Preface was written after the review of the Common Prayer, 1661, when Charles the 2nd, by letters patent of 25th March in the same year, constituted 42 persons commissioners, half Episcopal, and half of the Presbyterian persuasion, to meet at the Savoy, in order " to take into serious and grave con"sideration, the several directions, rules, forms of prayer, and things in the "Book of Common Prayer contained; to advise about the same, and the "several objections and exceptions raised against the same, and (if occasion "be) to make such reasonable and necessary alterations, corrections, and "amendments, as by them should be agreed to be needful and expedient, for giving satisfaction to tender consciences: but to avoid, as much as may "be, all unnecessary alterations, wherewith the people are altogether unacquainted." Many objections were made against the former Service Book, by the Presbyterian Commissioners to which those of the Episcopal side returned their answer in writing; justifying most of the particulars excepted against, but for peace sake complying with some desired alterations. A convocation on the same affair likewise met, the 8th of May, 1661, and finished the review, with all the additional offices and prayers, before the 20th of September, on which day the Clergy of both houses subscribed to the Book so altered.

66

The Preface is said to have been drawn up by Dr. Sanderson, then Bishop of Lincoln; but no mention of his being the author of it is made in the Acts of the Upper House of Convocation. It is there only said, " Monday the 2nd " of December, the Preface or Introduction to the Common Prayer Book, was brought in, and read." It was referred the same day to a Committee of the Upper House, Dr. Matthew Wrenn, Bishop of Ely, Dr. Robert Skinner, Bishop of Oxon, Dr. Humphrey Henchman, Bishop of Sarum, and Dr. George Griffith, Bishop of St. Asaph, to consider of it. On the 13th, the Acts say, some amendments were made to the preface. (Nicholls.)

e

extremes, of too much stiffness in refusing, and of too much easiness in admitting, any variation from it. For, as on the one side common experience sheweth, that where a change hath been made of things advisedly established, (no evident necessity so requiring) sundry inconveniences have thereupon ensued; and those many times more and greater than the evils, that were intended to be remedied by such change: so on the other side, the particular forms of divine worship, and the rites and ceremonies appointed to be used therein, being things in their own nature indifferent, and alterable, and so acknowledged ;(3) it is but reasonable, that upon

(2) The uses and benefits of a Public Liturgy, or Book of Common Prayer, appear, not only from the mistakes and confusions which extemporary exercises, though of persons otherways well qualified, are subject to; but also from the people's being frequently at a stand, whether they may join with their Minister. Whereas in a Liturgy, they may weigh and consider what they are to offer up to God, before they come to Church, and have then nothing to do, but with earnestness to put up their petitions for what they are sure they may lawfully ask.

That Liturgies were anciently used in the Church is evident, from the usage of them among the Jews themselves. Several Liturgical forms were composed by Esdras and the great Synagogue. And in their ancient Liturgies they were wont to make a solemn confession of their sins; to read several chapters of the Mosaical Law and the Prophets; to pray for God's blessing on their people; and then the ruler of the Synagogue dismissed them with a solemn benediction. That our Saviour composed the Lord's Prayer, as a form constantly to be used by Christians, and that it was in fact made use of in the public assemblies of the first Christians, the most ancient writers of the Church testify. They call it the Legitima oratio-the " Prayer established by "Law." The singing of psalms,-Acts iv. 23, 24,—and the solemn hymn which Pliny speaks of the Christians using in his time, are proofs that they made use of set-forms of devotion. Clemens Romanus exhorts Christians not to transgress"the prescribed rule of their Liturgy." Ignatius speaks of "a "joint-prayer." Justyn Martyr of the Christians of his age using "Common "Prayer." St. Cyprian calls the forms they then used, a "Public or Common “Prayer,—Unanimous Prayer; declaring not only earnestness but concord." And, in the same book, he speaks of the Sursum corda, “Lift up your hearts,” &c. as part of the public devotion of his time. (Nicholls.)

(3) In the Passover of the Jewish Church, about which both thing and circumstances they had such express directions by Moses, before they went out of Egypt, yet did they in some ages following considerably vary, not only in their time of keeping it, which having been originally appointed on the 10th, they changed it to the 14th day of the month, but in the gesture too. In the