laws of the Church, according to which they are to make their presentments, Can. 119.

They are obliged twice every year, i. e. at the visitations of the Bishop, Arch-Deacon, or other Ordinary, to make their presentments, according to the said articles, of all such things as are amiss in their parishes, and may, if they think fit, do it oftener, as there shall be an occasion, but cannot be forced thereto, unless only when the Bishop visits, Can. 116, 117.

any

They are bound to present not only from their own knowledge, but also from common fame; so that if there be a common fame in the parish of one, that he lives incontinently, is a common swearer, or in any other particular contained in the articles, is a breaker of the laws of the Church, the Churchwardens are bound to present him at the next visitation, that enquiry may be made thereinto; and they are guilty of the breach of their oath, whenever they omit it, Can. 115, 117.

In case the Church-wardens omit to present any of those particulars, of which there is such a common fame in their parish, they may be forced to do it by the Ordinary in his visitations, on his having notice of the thing; and, if they refuse so to do, be proceeded against as wilful breakers of their oath, and in the interim be barred the communion by the Minister of the parish, Can. 26. 117b.

It is the duty of Ministers to admonish Churchwardens of these particulars, and therefore they would

This discretion should be exercised with great circumspection. Commom fame, as the adage has it, is (sometimes) a common liar, and it is presumed, that no one will present, till, by his own enquiries, he is satisfied, that common fame speaks the truth.

a

By Act 4J. c. 5. they are bound to present tipling or drunkenness, and recusants, 3 J. c. 4.

They

would do well, some time before every visitation, to cause them to read over their Articles in their presence, and instruct them in the meaning of them, and direct them how to make their presentments thereon, so as they may best discharge their duty to the honour of God, the good of the Church, and the safety of their own souls, in avoiding the heinous sin of perjury in the breach of their oath, which otherwise they may become guilty of, Can. 26.

As it is the duty of the Minister, so also it is of every good Christian, to advise the Church-wardens of what is amiss in their respective parishes, and to admonish and excite them to present the same; and every parishioner hath a right so to do, that so every scandal, which gives them offence, may be removed. And the Church-wardens are bound to have regard hereto, and present whatever upon any such informations or advices, either of the minister or parishioners, they shall find to be of ill fame in their parishes; and if they refuse or neglect so to do, they are liable to the same penalty, as when they refuse to do it on the admonition of the Ordinary; that is, are to be proceeded against as wilful breakers of their oath, and in the interim be barred the Communion by the Minister of the Parish, Can. 26. 116.

But here the Church-wardens must be advised to have a care, that they do not turn the groundless calumnies, and base slanders, which wicked and

They may present as often as they please, and shall not be obliged above once a year when it hath been so used, and not above twice any where, except at the Bishop's visitation. Can. 116, 117.

The Minister may present, if the Churchwardens neglect. Can, 113. But such presentment ought to be upon oath. 2 Vent. 42. For the presentment of any Church or Chapel for one year, the register shall have only 4d. Can. 116, 117.

malicious persons are too often apt to raise of their neighbours, into formal accusations against them; but take heed that they present no other ill fame of any one, but such only, as there is that just ground for, as may make it credited and believed by honest and good men.

The Church-wardens are also to present all such as come not to Church, (Can. 90. 5to & 6to Edw. 6. c. 1. 1 Eliz. c. 2. 3 Jac. 1. c. 1.) Nor doth the Act of Toleration at all supersede this part of their office. But since all such, who frequent any other assembly for God's worship tolerated by the said act, must on their pleading the same, and making proof thereof, be discharged; the governors of the Church do not now require, that the Churchwardens should give any trouble to such, who, they are well satisfied, do constantly resort to any of the said assemblies; But where they are not well assured of this, they are earnestly desired still to present the said absenters, least by their neglect herein, the said Act of Toleration, which was intended only for the ease of tender conscienees, become a shelter and encouragement to the atheism and profaneness of such, who would gladly be at liberty to worship God no way at all.. Nor need the Church wardens be afraid of any trouble to themselves, from their thus discharging their duty in this particular, because the absence alone of any such from Church, will sufficiently justify their presenting of them; And that they have been at any other assembly tolerated by the said act, doth not lye on the said Church-wardens to take notice of, but on them to make proof of it, before they can have the benefit of the same. But where the Church-wardens have not good reason to believe they have been absent from all such assemblies, as well as from Church,

it

it is our desire, that they should be vexatious to no one herein.

But all this is to be understood upon supposal, that such dissenters have qualified themselves according to the said Act of Toleration, to partake of the benefit of it; that is, have at the QuarterSessions taken the oaths", which are by an Act of Parliament made in the first year of King William and Queen Mary appointed to be taken instead of the oaths of allegiance and supremacy; and also have made and subscribed the declaration mentioned in a statute made in the thirtieth year of King Charles II. entituled, An Act to prevent Papists from sitting in either House of Parliament. Or else, (if they be of that sect of Dissenters, who scruple and refuse to take any oath) have produced two witnesses to testify upon oath, that they believe them to be Protestant Dissenters; or a certificate witnessing the same under the hands of four Protestants, who are conformable to the Church of England, or have taken the oaths and subscribed the declaration aforesaid; and besides the said two witnesses, or certificate, have also produced another certificate

The worthy and learned Dean seems by this expression to have been sensible, that there was danger to be apprehended, from Churchwardens who might be officious intermedlers in other mens concerns. To admonish, to recommend, to advise, is certainly right. But some doubt has been entertained of the policy of compelling men to attend divine worship. Certainly the most acceptable offerings are those made with a free will.

I A. B. do solemnly declare, in the presence of Almighty God, that I am a Christian and a Protestant, 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 Ged; and that I do receive the same as the rule of my doctrine and practice.

It has been held that German Lutherans are within the protection of the Toleration Act. Peake's Cases, 132.

This is the Act of Toleration, and was by the 19 G. 3. c. 44. declared to be a public act.

B 3

under

under the hands and seals of six or more of the congregation to which they belong, owning them to be of them; and on their doing of either of them in manner as aforesaid, have (being thereto required) at the Quarter-Sessions made the declaration of fidelity, and subscribed the form and profession of the Christian Belief, which are in the said Act of Toleration mentioned and required to be made and subscribed by them in this case. For if any shall without qualifying themselves in this manner, as aforesaid, resort to any assembly or meeting for divine worship dissenting from the Church of England, they can have no benefit of the said act of Toleration, or of any of the indulgences granted by it, but are liable to all the pains and penalties of law, not only for being absent from Church, but also for being present at the said dissenting meeting, in the same manner, as if the said act had never been made, and are by the Church-wardens to be presented for the same: And the same is to be said, if the said assembly or meeting shall be held in an house not legally registered and allowed for it; or if they shall meet there with the doors Jocked, barred, or bolted upon them. For in both these cases, as well as in the former, all that are present at any of the said assemblies or meetings dissenting from the Church of England, are excluded by the said Act of Toleration from receiving the benefit of it, and therefore are liable to be prosecuted thereupon, and must be presented by the Church-wardens in order to it, in the same manner as if the said act had never been made, (1 W. & M. c. 18.) And it is to be here observed, That if any dissenting Minister, not being in orders according to the Church of England, shall administer the Sacrament of the Lord's Supper in an unlicensed house,

or