On this page

• Text (1)

  Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

  • 

    Untitled Article

• Transcript

  • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

    Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.

    Untitled Article

    ficient , or to bring an action upon it , if they shall think it false in / act ; 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 remndy of the party , that that should be done in this i

    case , because they may , in that case , put it upon the record , by bringing an action for a false rew marn , and then the construction of this statute may go by appeal to every court in Westminster HalL

    I do not mean to trouble you further , Mr . Topping , far the Court mean to rvake the ruie absolute . But I wilTju . vt state what has been done by the Court upon this statute . In a case in 6 Mod .

    $ 10 , which was a motion made by Mr . King- thon at the bar , but afterwards Lord King , for a mandamus to the justices of Warwickshire to admit one Peat to take the oaths , in order to be qualified to teach a Dissenting congregation ; the words of Lord Chief Justice Holt were these : "The

    party ought to suggest whatever is necessary to entitle him to be admitted , and if that be not done , or if 1 t be done , and the fact be false , that would be good matter toTeturn ; " and the same , in effect ,

    was said by Lord Mansfield , in the case of the Kmg , v . the Justices of D-erbyshjrc ^ which has been feforred to , a& reported in Sir William Blackstone ; but it is full as well reported in 4 Burrow , 1991 ? and where what Lord Mansfield

    suid at the dosve ot the case is reported ^ which it is not in Blackstone . His lordshi p says , 4 fc no inconvenience can attend the registering this ineetiBg * house . The

    Untitled Article

    registry and certificate do not prove that they are within the act , they will still be obliged to sheu ^ that they are within the requisite qualifications , if called upon ,

    notwithstanding the register and ceiN tificate : 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 . " In this case , let it be distinctl y understood ^ the parties apply under one specific description in the

    Toleration Act , as persons pre-U'ndmg to holy orders . The justices enter into no consideration of the fact at the sessions , whether they maintain that pretence ac . cor din-o to the fair construction of

    the act , but admitting them to be persons pretending to hoJy orders ^ they object upon the ground aU legrd , that no person pretending to holy orders was entitled to take the oaths and to make and

    subscribe the declaration and so on , unless he was also , at the same time a preacher or teacher of a congregation of Protestant Dissenters . That they state as being the determination which has been

    lately made in this court ; but in which they are certainly mistaken ; and they assign no other reason * His allegation , at the time of bis application , does not appear to have been traversed by thean . We give them tben the opportunity of

    traversing it * we give them ihe opportunity of returning , if they shall think fit so to do , that he is not such a person ; so as to raise the question either upon the return , when

    the question upon the sufficiency of the r € fturn jnay be afgued before tW court , or afterwa <** ds * Supposing * tfoe return should be sustained , and the mandamus be r ^ n . dened ineffectual in rastJiact of the

    Untitled Article

    The Judgment of the Court of King ' s Bench * 5 $ 9

• Citation
  • Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), June 2, 1812, page 389, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct1749/page/45/