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ended only two botirs before hiai death . From the papers thus submitted to the meeting , we select an extract from a judgment of the Court of King ' s Bench * delivered on the 6 th instant , on the motion for a mandamus to the justices of Gloucestershire , to administer the oaths-mentioned in the Toleration Act to Mr . Packer . The court said : , .. ¦ . .
" This is an application for a mandamus , in whichthe man swears himself to be one of the descri p * tion oF persons who are entitled to take these oaths , that he is a
person pretending to holy orders . The refusal to admit him so to do is upon the ground that he must be not only a person pretettdlag to holy orders , but ( upon ^ some supposition , that the court have so decided ) that he must also be a preacher or teacher of a congregation ; now if the court is not
prepared to understand in that copulative sense the wfcrds of the statute descriptive of the several different classes , all of whom are substantively entitled ^ if they come fairly and fully within the
meaning of the legislature , on a comparison of the terms Applicable to each cl&ss , to take the oaths , it is unnecessary for us to consider the question further , in . astnucb i ad the magistrates have not denied that he bore that
character , but have refused him only because they thought hertmst have a conjunct character of another sort , in order to entitle him as a person-pretending to holy orders ;
put ? the meaning of the \ voMs * pretending to holy orders / whe * h * r it canj ini retfdcm * or in aetiaebe understqo * to mean any thing beyond pretsntfihg to have iioty afters , will be open to the ' magistrates
upon a retiirn to this mandamus , if they think fit so to Return , to > state ^ and to explain ; and in so thinking it proper that a manda . musi should go for the purpose of their making such return , if they sh&ll choose so to do , the court is
not only conducted to that corbel usion , by what has been done by their predecessors uptm former occasions , hut by a regard to the justice of the remedies the parties may have , if they shall be abridged of their rights ; because , on a
return to the mandamus , if they shall return , that he is tiot a person £ ne £ ending to holy orders , and that that'is synonymously , accords ing to the construction in Cater * s case , pretenditig to possess holy orders , if they shall return , thiat in point of fact he is not a person pretending to iiave holy orders ,
and that he has no orders of any description whatever , then it frill be open to the party either tk > move to quash that return , if they shall think it insufficient , or . to bring an action upon it , if they shall think it false in fact ; and
it does seeia to the dourt , oil the auth 6 rity of precedents of what their toredecessors have dbtib respecting other clauses * of this act , tbatit may be expedieht witli a view to justice , and td the
tilteriof remedy of the j > arty , that that should be done in this cksb , ^ . cslUse tfeey md , y > ^ ii that ca ^ e > ptrt it upoto ^ h ^ ^ redtiia , by bringing an action for a felse return , and then the ^ onsti ^ ction of thi ^ statute
may go byajpjpeatl tt > every court in West ^ ffiteter Hall ^ —The ctitirt , thetefor ^ V make the rul e absolute . ^ Afte ^ l be recital of these docli-¦ p& ^ p &mti ytm , mtf $ far Scdife | t AiV ^ i ^ Mtffat \ ilatpd tue ^ nwe ^ t-^ g ^ im ^ ef i ^^ tmm ^^
Annual Meeting of the Protestant Society . 893
vol . vii . 3 &
Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), June 2, 1812, page 393, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct1749/page/49/