be depofed or murdered by their fubjects, or any other hatfoever. And I do declare, that no foreign prince, perfon, or. prelate, fate, or potentate, bath, or ought to have, any power, jurifdiction, fuperiority, pre-eminence or authority, ecclefiaftical or fpiritual, within this realm. And the profeffion of their chriftian belief fhall be in thefe words: Will. & Mar. ftat. 1. c. 18. f. 13. L of belief. IA B profefs faith in God the Father, and in Jefus Chrift his The form of eternal Son, the true God, and in the Holy Spirit, one God their procion bleed for evermore; and do acknowledge the holy fcriptures of the Old and New Teflament to be given by divine infpiration. Which declaration and fubfcription fhall be made and entered upon record at the quarter feffions, and every such quaker that fhali make and fubfcribe the declaration and profeffion being thereunto required fhall be exempted from the penalties of all the ftatutes against popith recufants, or proteftant nonconformists, and enjoy all benefits which any other diffenters fhall enjoy by this act. Will. & Mar. flat. 1. c. 18. f. 13. And every juftice of peace may require any quaker to make and fubfcribe fuch declaration, and upon refufal he is to commit him to prifon, and to certify his name to the next quarter feffions; and if he fhall, upon a fecond tender at the quarter fellions, refufe to make and fubscribe the declaration, he thall be recorded, and taken for a popish recufant convict, and incur all the penalties of the faid laws. f. 12. And moreover, no quaker who fhall refufe to make fuch declaration (to be administered at the requeft of any one of the candidates, by the fheriff, or returning officer) fhall be admitted to give any vote for the election of any knight, citizen, burgefs or baron to ferve in parliament. 7 & 8 Will. 3. c. 27. 19. Allo by 13 Will. 3. c. 6, it fhall be lawful for any per- Alfo all fufpectfons authorifed to adminifter the oaths appointed in 1 Willed petions may be required to & Mar. ft. 1. c. 8, to tender the oath of abjuration to any take the oath of perfon; and if any perfon to whom the oath fhall be ten- abjuration. dered fhall neglect to take the fame, the perfon tendering the oath fhall certify the refufal to the next quarter fethons, and the refufal fhall be recorded, and certified by the clerk of the peace into the Chancery or King's Bench. f. 13. the fubflance And by 6 Ann. c. 14, it fhall be lawful for any two juftices of peace (1 Qu.) or any other perfons by her majesty appointed by order in privy council, or by commiffion under the great feal, to fummon all fuch perfons as they fhall fufpect to be dangerous or difaffected, and tender the oath of abjuration, and at the next quarter feffions certify the names and places of abode, of all perfons refufing to take the oath, to be certified by the clerk of the peace into the Queen's Bench; and if the perfons certified fhall not within the next term appear in the Chancery or Queen's Bench, where such certificate fhall be returned, and take the oath, and enter his fo doing upon the certificate returned, he shall be adjudged a popish recufant convict, and undergo the penalties thereof. S. 7. Except quakers, But by 6 Ann. c. 23, if any quaker fhall refufe to take who may affirm the oath, being tendered to him in pursuance of the laft act, but fhall instead thereof declare the effect of the faid oath upon his folemn afirmation, fuch quaker fhall not be liable to any penalties mentioned in the above act. /. 13. thereof. The form. And by 8 Geo. 1. c. 6, fuch quaker fhall take the effect of the faid abjuration oath in the following words, viz. IAB do folemnly, fincerely, and truly, acknowledge, profefs, teftify, and declare, that king George is lawful and rightful king of this realm, and of all other his dominions and countries thereunto belonging. And I do folemnly and fincerely declare, that I do believe the perfon pretended to be the prince of Wales, during the life of the late king James, and fince his deceafe, pretending to be, and taking upon himself the file and title of, king of England, by the name of James the third, or of Scotland, by the name of James the eighth, or the file and title of king of Great Britain, hath not any right or title whatsoever to the crown of this realm, nor any other the dominions thereunto belonging; and I do renounce and refufe any allegiance or obedience to him. And I do folemnly promife, that I will be true and faithful, and bear true allegiance to king George, and to him avill be faithful against all traitorous confpiracies and attempts whatsoever, which shall be made against his perfon, crown, or dignity. And I will do my best endeavour to disclose and make known to king George, and his fucceffors, all treafons and traitorous confpiracies, which I fhall know to be made against him, or any of them. And I will be true and faithful to the fucceffion of the crown against the faid James and all other 8 After the death of the pretender, who affumed the title of king of England, by the name of James the third, it became abfurd to renounce a perfon being dead; therefore the 6 Geo. 3. c. 53. (fee title OATHS) has altered the form of the oath of abjuration, so as to renounce the defcendants of the faid James. 1 Haruk. 8vo ed. 97. n. b. But no provifion has been made for altering the form of the quaker's affirmation in that respect, it therefore remains fill in the form above directed. perfons perfans whatsoever, as the fame is and ftands fettled by an act ** For the authority of juftices of peace to fummon III. How tithes, church rates, and other dues may be recovered from quakers. on ftating what Where any quaker fhall refufe to pay or compound for Ifquakers refufe his great or fmall tithes, or to pay any church rates, or any to pay, justices, tithes, or rates, or other rights, dues, or payments, belonging is due, may to any church or chapel, which of right by law and cuflom compel them ought to be paid for the flipend or maintenance of any minifler or thereto. curate officiating therein, it fhall be lawful for any tro juftices of peace of the fame county, other than the patron of the church (or chapel) or interested in the tithes, upon the complaint of any parfon, vicar, curate, farmer or proprietor of tithes, or churchwarden, chapel warden, or other perfon who ought to have, receive, or collect any fuch tithes, rights, dues or payments, to fummon by reasonable warn ing fuch quaker, and after his appearance, or in default thereof, the faid fummons being proved upon oath, to proceed to hear and determine the complaint. 7 & 8 Will. 3. c. 34. /. 4. 1 Geo. 1. ft. 2. c. 6. 1. 2. not exceed 101. And they are to examine upon oath the juftice of the If the fum doth complaint, and to afcertain what is payable by fuch quaker, and by order to appoint payment fo as the fum ordered do not exceed 10/. 7 & 8 Will. 3. c. 34. S. 4· And they are alfo to order fuch.cofts as they hall think reaJonable, not exceeding 10s. 1 Geo. 1. ft. 2. c. 6. f. 2. And To be levied by distress. Appeal. And upon refufal to pay, it fhall be lawful for any one of the faid juftices by warrant to levy the money by diftrefs and fale of the goods of fuch offender, his executors or administrators, the neceflary charges of diftraining being thereout first deducted and allowed by the faid juftice. · 7 & 8 Will. 3. c. 34. f. 4. 1 Ges. 1. St. 2. c. 6. f. 2. There is no time limited in thefe acts for keeping the distress, and the general a& 27 Gec. 2. c. 209, which empowers justices of peace to direct fale of the distress, in not less than four nor more than eight days,contains a clauje whereby it is expressly provided that nothing therein foall extend to alter or repeal any provifions relating to diftreffes for the payment of tithes and church rates by quakers, contained in the acts 7 & 8 Will. 3. c. 34, and 1 Geo. 1. ft. 2. c. 6. It feems therefore that the dif trefs for fuch tithes and rates may be fold immediately. 10 But any perfon aggrieved by the judgment of the two juftices, may appeal to the next quarter feffions: and if the juftices find caufe to continue the judgment given by the two juftices, they fhall give costs against the appellant, 7 & 8 Will. 3. c. 34. f. 4. 1 Geo. 1. fì. 2. c. 6. f. 2. And in the cafe of an appeal no warrant of distress fhall be granted until after fuch appeal be determined. 7 & 8 Will. 3. c. 34. f. 5. 1 Geo. 1. ft. 2. c. 6. f. 2. As the warrant of diftrefs is not to be executed in cofe of an appeal, until the appeal is determined, it is advisable to fufpend the iffuing, or at least the execution thereof until after the next quarter feffions. And no proceedings by virtue of thefe acts fhall be removed by certiorari or other writ, unless the title of such tithes fhall be in queftion. 7 & 8 Will. 3. c. 34. S. 4• 1 Geo. 1. ft. 2. c. 6. f. 2. Unless the title of fuch tithes fhall be in question.] In the conftruction hereof, it hath been adjudged, that if the party infift on any matter of law before the juftices, which is any way doubtful, as on a cuftom in a parifh to be difcharged of a certain kind of tithe, the order may be removed within the intent of the ftatute. 2 Haruk. c. 27. f. 38. It was alfo determined in the cafe of the K. v. Wakefield and others, Hil. 31 Geo. 2, that the acts mean that the title be really in queftion, and upon fome real foundation of controverfy: but that the mere fcruple of any quakers to pay any demands of this nature, and a general allegation that they controverted the title, and that it was really : in queftion, without any further particulars, or fhewing at all upon what foot they controverted the payment ", is not a fufficient ground for removing the order: if it were, it would put a total end to these acts of parliament, and evade the very defign and intention of making them for the quakers might pretend, that they are obliged in confcience to refufe or controvert the payment of these demands, and confequently, to queftion and deny the right to receive them; which is the very thing the acts mean to provide a fummary remedy for. The intention was, that in fuch cafe the juftices fhould make an order to compel them to pay; but that where the right and title are really in difpute and queftion between the parties, that the juftices fhould have no jurifdiction to determine thereupon; and Lord Manf field added a hint to be obferved in future cafes of this fort, viz. that upon all orders of this kind, the great and material point must be, whether the title to the tithes was really in queftion or not, and ought to be determined before the certiorari iffues 12. 1 Burrow's Rep. 488, 489. It In this cafe it had been fworn in the affidavits produced on the part of the quakers in general terms, that the defendants controverted the title to the tithes before the juftices, and all that the title to the tithes was then, and at the time of making the faid affidavit, really in question. In anfwer to which it was fworn by five old inhabitants that the payments had been always paid by the Lundbilders without any port of fcruple or objection, except lately by ibe quakers, that they believed them to be due, and that the former owners of the very fame lands, which had been purchased by the quakers, did pay for them as other perfons did in the fame place. 12 And if the rule for the certiorari be made abfolute, and the return thereto filed contrary hereto, the court will direct the certiorari to be fuperfeded, the return to be taken off the file, and the order remanded. 4 Burrowu's p. 488. 1. Form of complaint against a quaker for not paying tithes. Monmouthshire, A B, rector of the parish church of in the to wit. Sin the faid county of M, maketh complaint unto CD and E F, efqrs, two of his majesty's juftices of the peace in and for the Jaid county, that Ố Ố of ~ parifa aforefaid, in the county aforefaid, yeoman, being one of the people called quakers, bath refused to pay or compound for the tithes and other rights, dues, and payments, belonging to the faid church, of right by law and cuftom due from him the faid 00 unto him the faid A B; and thereupon he the faid A B prayeth relief in the premises, and that fuck proceedings may there |