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BUT NOT PROPER TO BE INCORPORATED.
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CHAP. 15. An act for the better securing the government,
by disarming papists
and reputed papists.
This statute referred to the declaration required
by 30 Charles 2, St. 2, Ch. 1, which was one of
the statutes mentioned in the toleration act, and declared in force by
the act of 1706.
CHAP. 18. An act for exempting their majesties protestant
subjects, dissenting from
the church of England, from the penalties of certain
laws.
This is the statute, generally called the toleration
act, which (with those mentioned therein) was
declared to be in force in the province by the act of 1706; the last section
being modified thereby.
It is scarcely necessary to remark, that under our government we have no
occasion for such provisions,
and that neither this statute or those mentioned therein, have ever been
in force in the state.
1 William and Mary, Stat. 2.--A. D. 1689.
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CHAP. 2. An act declaring the rights and liberties
of the subject, and settling the
succession of the crown.
See the note on 9 Hen. 3, Ch. 1. Upon comparing
the articles contained in this statute, or bill of
rights, with those in our declaration in 1776, it appears that the 1st,
2d, 4th, 5th, 6th, 8th, 9th, 10th
and 13th articles are (in substance) comprehended in our declaration.
The 3d article related to
ecclesiastical courts, of which we have none. The 7th provided that
the subjects which were protestants,
might have arms for their defence, suitable to their conditions, and as
allowed by law. The
confining this privilege to protestants, and requiring the arms to be suitable
to their condition were
probably the reasons of the article being omitted in our declaration; and
although the right is not
expressly given there is no law by which it is taken away or rendered doubtful.
The 11th article related
to juries, which are regulated with us, partly by the 3d article of the
declaration of rights, and
partly by our acts of assembly. The 12th article related to the granting
of fines and forfeitures of
particular persons before conviction, which probably had not taken place
in the province, and could
not in the state, unless by the legislative body; of course this bill of
rights is not proper to be incorporated,
&c.
3 William and Mary.--A. D. 1691.
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CHAP. 9. An act to take away clergy from some offenders,
and to bring others to
punishment. (Part.)
This statute or a part of it, certainly extended
to the province, with others respecting the benefit
of clergy. It took away that benefit from persons robbing a dwelling
house, wherein there was any
or no person, and there are several cases of indictments for such offences
apparently under this statute.
It also put women on the same footing as men in respect to the benefit
of clergy, together with
the statutes 21 James 1, Ch. 6, and 4 and 5 W. and M. Ch. 24. See
4 Bl. Com. 362. But the 5th
section which made it felony to take away with an intent to steal, embezzle
or purloin, any furniture,
&c. from lodgings, does not appear (from an examination of the provincial
records,) to have extended.
The 4th section, which made the receiver of stolen goods an accessary to
the felony, did
extend to the province, as appears by cases of prosecutions under it, as
did also those of 1 Anne, Ch.
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