Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/56

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44
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Book IV.

tion of all judicial oaths; which call God to witneſs the truth of thoſe facts, which perhaps may be only known to him and the party atteſting: all moral evidence therefore, all confidence in human veracity, muſt be weakened by apoſtacy, and overthrown by total infidelity. Wherefore all affronts to chriſtianity, or endeavours to depreciate it's efficacy, in thoſe who have once profeſſed it, are highly deſerving of cenſure. But yet the loſs of life is a heavier penalty than the offence, taken in a civil light, deſerves: and, taken in a ſpiritual light, our laws have no jurisdiction over it. This puniſhment therefore has long ago become obſolete, and the offence of apoſtacy was for a long time the object only of the eccleſiaſtical courts, which corrected the offender pro ſalute animae. But about the cloſe of the laſt century, the civil liberties to which we were then reſtored being uſed as a cloke of maliciouſneſs, and the moſt horrid doctrines ſubverſive of all religion being publicly avowed both in diſcourſe and writings, it was thought neceſſary again for the civil power to interpoſe, by not admitting thoſe miſcreants[1] to the privileges of ſociety, who maintained ſuch principles as deſtroyed all moral obligation. To this end it was enacted by ſtatute 9 & 10 W. III. c. 32. that if any perſon educated in, or having made profeſſion of, the chriſtian religion, ſhall by writing, printing, teaching, or adviſed ſpeaking, deny the chriſtian religion to be true, or the holy ſcriptures to be of divine authority, he ſhall upon the firſt offence be rendered incapable to hold any office or place of truſt; and, for the ſecond, be rendered incapable of bringing any action, being guardian, executor, legatee, or purchaſer of lands, and ſhall ſuffer three years impriſonment without bail. To give room however for repentance; if, within four months after the firſt conviction, the delinquent will in open court publicly renounce his error, he is diſcharged for that once from all diſabilities.

II. A second offence is that of hereſy; which conſiſts not in a total denial of chriſtianity, but of ſome of it's eſſential

  1. Meſcroyantz in our antient law books is the name of unbelievers.
doctrines,