CON $4. IV. To worship God agreeably to the light of one's own conscience, though contrary to the forms prescribed by the FORMITY, eftablished church, is not an offence at common law. "The LAW OF. “sin of schism, as fuch, is by no means the subject of tem'poral coercion and punishment." At common law, therefore, religious societies are, at least, on a footing with other affociations for innocent and lawful purposes. THE Revolution, which fettled the conftitution, had in view the redress of religious as well as civil grievances. Religious freedom was provided for with no less care than civil. The Revolution gave birth to the act 1690, which established prefbytery, and is confidered as the charter of our national church. But the fame parliament refcinded exprefsly all laws for conformity." The freedom of diffenters, therefore, was as early and neceflary a fruit of the Revolution as the establishment of prefbytery. And queen Anne's toleration act declares it "free and lawful for all "thing neceffary for fecuriug the * true protestant religion and church "government presently by law eftablished in this kingdom; which * affurance we conceive the commif"fion may very well rely upon, " fecing it is not to be doubted that "the parliament will, in due time, ❝ when the address is taken into con « fideration, make all neceffary pro* vifions for securing our religion " and church government, by law " eftablished," &c. In this manner the motions about the facramental teft were allowed to drop away. Entering into that in particular, would not have satisfied the Scottish oppofers of the Union,» and might have created irritation in England. And, as Defoe fays, the wifer heads of both countries avoid- efts long ago forgotten, may expect a a Blackstone, B. iv, ch. 4, p. 53, b C. 5, App. I. § 4. CONFORMITY, LAW 03. "subjects in that part of Great Britain called Scotland, to "affemble and meet together for divine fervice without dif "turbance, and to fettle their congregations in what towns "or places they fhall think fit to choose, except parish "churches." UNDER those enactments, the right of proteftant diffenters, as much as that of the national church itself, is ftatut ory. They are not connived at and endured, but recognized and protected in their rights, though not ftipendiarya. HENCE property may be validly vefted in truftees, for behoof of any diffenting sect . € 10 Anne, c. 7, § 5. d This language was used from the bench, in the late cafe Aikman against Davidson, to be afterwards taken notice of. In England, too, the fame liberal view feems now to be taken of their fituation. Blackstone, indeed, expofed himfelf to fevere animadverfion, for the view he gave of the English toleration act, as rather fufpending the penalties, than taking away the crime of nonconformity. But the court of king's bench adopted the more liberal view, that the toleration act removed the crime, as well as the penalty, of mere nonconformity. Lord Mansfield is faid to have used the expreffion, that the toleration at had "eftablished the diffenters worship, rendering it not only innocent but "lawful." Blackstone. Furneaux's Letters to It is material to take notice, that Blackstone founded his limited view of toleration, on the particular phrafeology of the English act, which from their rigour such serious sober "minded diffenters as fhall have tak66 en the oaths, and subscribed the "declaration at the feffions, and fhall "regularly repair to fome licensed fwer to Dr. Priestley.) Now, this "place of religious worship." (An very thing is done by our toleration act. It refcinds, at once, all the laws condition of taking oaths, or meetagainst nonconformists, without any ing in licensed houses. e The feceders, denominated burgers and antiburgers, are a numerous body of diffenters in Scotland. They have prefbyteries and fynods, after the model of the church of Scotland. A houfe was feued and built for one HENCE in England it has been likewife found, that diffent CONFORM.. ers were not liable in the fine imposed on those who decline a ITY, LAW public office, which cannot be held without taking the facra- or. mental teft. So alfo in England it has been found, that Quakers refufing to fwear at a criminal trial are not punishable. Epifcopalians and papifts were not included in the refciffory act 1690, c. 28: but the former have been fince tolerated by 10 Anne, c. 7, and 32 Geb. III, c. 63; and the latter by 33 Geo. III, c. 44, if they comply with the conditions thereby required. of the original members of the affociate fynod. Many years thereafter, the burger fynod, or general affembly of that denomination, agreed to a variation of the formula, contained in the 23d chapter of the confeffion of faith. But the clergyman, and part of this congregation, preferred the old formula, and declined the jurifdiction of the affociate burgher fynod, until the faid refolution is completely refcinded; but at the fame time he alleged: "I conceive I have “full title and authority ftill to ex"ercife the duties of the holy minif"try, in the place where I have been "in the use to exercise those duties, "for it is the reverend fynod, and "thofe of my congregation who ad" here to them, not me, who have "renounced and departed from the "faith." On the other hand, the affociate presbytery, on account of this declinature," dropped his name " from the roll, declaring that he is * no longer of our church, and that "the collegiate charge in the con"gregation of Perth is dissolved.” The parties therefore were at iffue refpecting the property of the house. The court of feffion, by their firft interlocutor, found that the right of ger and fubject to the ecclefiaftical dif"cipline of a body of diffeuting pro"teftants, calling themselves the affo"ciate prefbytery and fynod of burfeceders." This judgment interpofed as effectually in fupport of the authority of the fynod, as if it had been the general affembly of the church of Scotland. Aikman against Davidfon, June 27th 1805. a The chamberlain of London against Evans, Feb. 4th 1767. See b See Vol. I, p. 244. CHAP. XV, § I. IN GEN- OFFENCES I. Offences against, Morality and Religion. 1. JUSTICES of peace are entrusted with the care of checking and punishing those immoralties which are rather confidered as offences against the police and good order of the community, than as indictable crimes. § 2. II. THE juftices are ordained, by the general statute2, to AGAINST put in execution, for the punishing of all persons found guilty MORALITY of the fin of drunkennefs, or exceffive drinking, especially ENNESS. under the names of healths; or haunting taverns or ale -DRUNK. houses after ten of the clock at night, or at any time of the day, except in time of travel or for ordinary refreshments; as also, against the keepers of the taverns or ale-houses that fhall fell the drink unto them ", THEY are alfo to put in execution the acts of parliament a Appendix I, No. 9. b Ibid. p. 61. The ftatutes regarding this crime are, 1617, c. 25, and 1661, c. 19; and the penalties are the fame as in the cafe of curfing and fwearing. AGAINST made for the punishing of all persons that fhall be found OFFENCES guilty of the fin of fornication: and the penalties are to be levied not only from the man, but alfo from the woman, ac--FORNIcording to their quality and the degree of their offence, the one without prejudice of the other. CATION. In England, brothels and bawdy-houses are indictable at -BROcommon law, as an offence against the police: and the fame TBELS. thing, no doubt, obtains by the law of Scotland. A wife may be indicted and condemned along with her husband, to the pillory, for keeping a bawdy-house; this being an offence against the government of the houfe, in which the wife has a principal share, and because the offence is of that kind which may generally be prefumed to be managed by the intrigues of her fex. NESS. In England, it is laid down, in general, by Dr. Burn, -LEWDthat all open lewdnefs, grofsly fcandalous, is punishable upon indictment at the common law. And offenders of this kind are punishable, not only with fine and imprisonment, but also with such infamous punishment as the court shall think proper d. IN like manner, all other behaviour which is an outrage -INDE upon public decency and decorum, may be checked and CENCY. panished; of which Dr. Burn gives an inftance in the punishment of a perfon, who, for a wager, run naked through the streets of a populous town. § 3. OFFENCES III. THE juftices of peace, by the general ftatute, are ordained to put in execution all acts of parliament made for pu- AGAINST nifhing all perfons whatsoever who fhall curfe or profanely PROPAN RELIGION NITY. с As to the particular fines, fee Appendix I, p. 60. d Voce Lewdness, i, Hawk. vii, 16. |