1 Columbia ®nitjer^ttj) LIBRARY DIGEST OF LEGISLATIVE ENACTMENTS, RELATING TO THE SOCIETY OF FRIENDS, COMMONLY CALLED QUAKERS, IN ENGLAND; WITH OeCASIONAL OBSERVATIONS AND NOTES. JOSEPH DAVIS, Conveyancer. ^econU dPtrition. LONDON: EDAVARD MARSH, 8 4, HOUNDSDITCH. 1849. ^ LONDON : RICHARD BARRETT, I'RINTER. MARK LANE. PREFACE. Since the publication of the first Edition of the " Digest," a period of twenty-eight years has elapsed, during which so many important changes have been made by the legislature in some of the laws more especially affecting the Society of Friends, particu- larly those relative to the Commutation of Tithes into Rent-charges, the mode of recovering demands of an Ecclesiastical nature, the extension of the operation of the Affirmation Act, the repeal of the Test . and Corporation Acts, and the consequent admission of Friends to Offices, as well as those relating to Marriage, and the Registration of Births, Marriages, and Deaths, as to render a new Edition needful, and which has been undertaken by the Editor at the request of the "Meeting for Sufferings," a meeting which acts as a standing Committee of the Yearly Meeting for the general concerns of the Society of Friends, and is in fact the executive body of the Society, and the manuscript has been inspected by a committee of that meeting appointed for the purpose, to whom the Editor acknowledges himself indebted for some improvements derived from their suggestions. IV PREFACE. The sufferings of the people called Quakers, on account of their peculiar religious testimonies, were in the early times of the Society, frequent and severe, not only in the loss of property, but in long pro- tracted imprisonment terminating, in many instances, only writh life. Several laws, enacted in the reign of Charles II. against nonconformists, one of which at least (13 and 14 Charles II. c. 1,) was peculiarly directed against this people, were made the means of their being long harassed and persecuted, and they even suffered by acts that were passed against " Popish Recusants." At the Revolution of 1688, these oppressive proceedings were suspended, prin- cipally by means of the Act of Toleration, 1 W. and M. c. 18, and by the act 52 Geo. III. c. 155, several of the statutes alluded to were entirely abrogated ; but even then the members of this Society remained liable to prosecution in the Exchequer and Eccle- siastical Courts, when upon a demand being made on them for tithes or other Ecclesiastical payments, and refused, either a disposition inconsistent with the spirit of Toleration, or the want of proper informa- tion, led the claimant into the erroneous choice of adopting the more vexatious and expensive, instead of the milder and less chargeable mode of recovery ; for the legislature had made ample provision, in general, for proceedings in these cases, both less PREFACE. V oppressive to the person on whom the claim was made, and more easy to the claimant himself; as by the act 7 and 8 Will. III. c. 34, which provides, (beyond what its title imports,) for the recovery of " Tithes and Church Rates " from those called Quakers, and by the act 1 Geo. I., Stat. 2, c. 6, by which the provisions in it are made applicable to " all customary payments due to clergymen," both of which acts are to be considered as one law, provision is made for the recovery of all Ecclesiastical demands in a summary way before Justices of the Peace, where the amount shall not exceed £10. (extended by the act of 53 Geo. III. c. 127, to £50.) and the costs are restricted to ten shillings, whereas processes in the Exchequer were, from the great length to which they might have been protracted, exceedingly expensive ; and if the prosecutor were ultimately successful, a great part of the sum originally de- manded, and sometimes the whole of it, was absorbed in extra costs, which were not allowed to be charged on the defendant. In the case of Markham v. Wormall and others, previously to the imprisonment of the Friends, the plaintiff's costs exceeded his taxed costs £56. 14s. lid. This sum would have been much increased by the expenses occasioned in procuring the commitment of the Friends, and their conveyance to prison, had not the plaintiff, (under b VI PREFACE. the title of "subsequent taxed costs,") caused them, to the amount of £61. 19s. 3d. although not taxed, to be levied. It is supposed that if taxed, a large proportion would have been disallowed, which, in addition to incidental expenses, would very probably have increased the extra costs of the plaintiff, though ultimately successful, to £100, no small part of his demand : which as well as several years delay, might have been avoided, by proceeding before the Justices, under 7 and 8 W. & M. c. 34 ; and in the case of Wray v. King and others, the plaintiff's costs, to the decree, and the subsequent costs, including costs of sequestration and sale, amounted to £182. 19s. 6d, which were taxed at £150. lis. 9d, leaving extra costs to be paid by the plaintiff £32. 7s. 9d, so that of £41. 13s. 9d. decreed due to the plaintiff, he had to receive on this account only £9. 6s, exclusive of £3. costs of allowing exceptions ; and from in- formation which might be depended upon, it was expected that this sum of £9. 6s. would scarcely prove sufficient to pay other costs incurred by the plaintiff in this cause, not included in the above, but which he was liable to pay to his solicitor. Thus the plaintiff, in a cause where no unusual pro- ceedings were had, after a delay of upwards of five years and a half, though successful, lost nearly, if not the whole, of his debt in extra costs. PREFACE. Vll la the Ecclesiastical Courts, the proceedings were still more ruinous, especially as prosecutions there must have ultimately terminated either in the viola- tion of the conscience of the sufferer, or in his im- prisonment for life, as well as .to the great loss of the prosecutor, since neither the sum claimed, nor the costs, could be obtained by the final judgment of these courts. Now, however, Friends are almost entirely relieved from these oppressive proceedings by the Acts 5 and 6 Will. IV. c. 74, and 4 and 5 Vict. c. 36, which provide that no suit or other proceeding shall be instituted in any court in England or Ireland for any Ecclesiastical demands under the value of £50, except where the actual title shall be in question, but that all complaints touching the same shall be heard and determined only under the provisions of the acts 7 and 8 Will. III. c. 34, and 53 Geo. III. c. 127 ; and by the same acts, imprisonment of Friends on account of Ecclesiastical demands, is wholly abolished. Friends are further relieved by the Act 7 and 8 Geo. IV. c. 17, which extends to church rates and tithes, the limitation in the Act 57 Geo. III. c. 93, of the costs of distraint where the amount of demand is under £20, and on a case submitted to Sir Thomas (now Lord) Denman, and Sir James Scarlett, (afterwards Lord Abinger,) they h 2 Vlll PREFACE. gave it as their opinion that under the 7 and 8 Will. III. c. 34, and 53 Geo. III. c. 127, several defaulters may be included in one v^arrant of dis- tress, the demands being of a similar nature, and the aggregate amount not exceeding £50 ; and still further relief is afforded to Friends in common with others, by the commutation of tithes into an actual charge on the land, the recovery of which is simple and inexpensive, being precisely the same as every landlord has for the recovery of rent from his tenant. In reference to the affirmation, it may be observed that the form of it as new modelled by 3 and 4 Will. IV. c. 49, now stands thus, " I, A. B. being one of the people called Quakers, [or, one of the persua- sion of the people called Quakers, as the case may be,] do solemnly, sincerely and truly declare and af&rm ;" and by the same act, the form of the affirmation to be taken by Friends instead of the oath of abjura- tion is given. By 22 Geo. II. c. 46, there was a general enactment that in all cases where by law an oath then was or should be required, the affirmation of any of the people called Quakers, should although no express provision be made for the purpose, be allowed and taken instead of such oath, but with the continuance of the exception which occurs in former acts, as to criminal cases, serving on juries, or bear- ing any office or place of profit in the Government. PREFACE. IX After which some further extent was, from time to time, given to the affirmation, by introducing into various Acts relating to frauds, an allowance of it in seyeral penal cases, and by 15 Geo. III. c. 39, it was extended to all cases where any penalty was directed to be levied or distress to be made by any Act then in force, or thereafter to be made, for the purpose of levying such penalties, or making such distresses. By the Act 9 Geo. IV. c. 32, the affirmation is made available for the giving of evidence in any case, criminal or civil, and by the Act 3 and 4 Will. IV. c. 49, every person of the persuasion of the people called Quakers, is permitted to make the affirmation instead of taking an oath, in all places and for all purposes where an oath is or shall be required, and that without any exception whatever. With respect to demands of a military nature, the well known scruples of this Society on the subject of war, (their repugnance to which they believe to be dictated solely by the mild and peaceable principles of the gospel,) with their uniform readiness to submit to the penalties of the law, rather than violate their testimony against bearing arms, have been duly appreciated by the legislature. Dispensing in all cases with the personal service of Quakers, so called, in this way, it has devised the means of their in- curring a forfeiture of property, equal to the supposed X PREFACE. disadvantage to the state ; and this in a manner in which they are only passively concerned. Besides the acts relating to military service contained in the " Digest," an Act was made, 1 Geo. IV. c. 24, for the more efifectual preservation of the peace by en- forcing the duties of watching and warding, by which provision was made in case a person, one of the persuasion of the people called Quakers, who should be appointed to watch or to ward, should neglect or refuse to appear, at the time and place appointed, such person should not be liable to any fine, but the justices should hire a substitute and levy the expense on the goods of such person. It is an interesting subject to trace the history of the progress of intelligence, and of more enlightened views in the relief which has gradually been granted by the Legislature of this country, through a period of a century and a-half, to the Society of Friends, for the removal or alleviation of their peculiar trials and difficulties arising from their conscientious scruples. The present position of the Society, as re- gards the Laws peculiarly affecting its members, ought to induce feelings of gratitude to the Legislature, and a ready compliance with its laws and institutions, in all cases where conscience is not violated; and the Compiler thinks he cannot better conclude this Pre- face than by adopting the words of a short address PREFACE. XI of the '' Meetings for Sufferings," which accom- panied copies of certain clauses affecting the Society, in a military Act passed in 1803 : " The Meeting for Sufferings, in sending forward these extracts and this information, thinks it right to advert to the lenity which on this occasion, as well as on former ones, has been shown to the Society by the Legislature. It is a powerful call on us to continue vigilant in conducting ourselves as dutiful and peaceable subjects, and it is necessary to give great heed that our scruples may be and appear to be, the consequence of a sense of religious duty. In this view, it highly behoves us to take care that our whole conduct be such as becometh the gospel. This will tend to support the mind in difficulty, and awaken thankfulness to the Almighty for the benefits we receive, and also gratitude to those by whose means they are conferred." Bristol, Twelfth Month, 1848. CONTENTS. Page. MEETINGS and Meeting Houses . *. 1 Oaths and Affirmation .... 24 Offices .49 Tithes and other Ecclesiastical Demands . 56 Tithe Rent Charges 72 The Militia and Military Service ... 82 Regular Militia .... — Militia of the Tower Hamlets . 97 Militia of the City of London . . 98 Miners in CornAvall and Devon . 103 Annual Training . . . .104 Local Militia . . . .107 Conveyance of Soldiers' and Sailors' Baggage, &c. . . . 124 Marriage .127 Registers 137 Non-parochtal-Registers 153 Charities 158 Churchwardens 166 Miscellaneous ..... 167 Discipline or Church Government . 167 Fast-days, &c 3 70 Local Provisions 1 72 A TABLE PUBLIC GENERAL A GTS, CITED OR REFERRED TO IN THE DIGEST. Keign and Year. Subject and Head under which the same is noticed. Page. 16 Richard II . c. 5. Praemunire, Oaths and Affir-'X Illation J 30 27 Henry VIII. . . c. 20. Tithes, Tithes, ^-c 62 32 Henry VIII. . . c. 7. Tithes, Tithes, dx. 63 2 & 3 Edward VI, . c. 13. Tithes, Tithes, Sfc. . . . 63 1 Elizabeth, . . . . c. ]. Oaths, Oaths and Affirmation 25 1 Elizabeth, . . . . c. 2. Common Prayer, Meetings . . 2 5 Elizabeth, . . . . c. 1. Queen's Power, Meetings 8 23 Elizabeth, . c. 1. Obedience of the People, 1 Meetings j 1 29 Elizabeth, . . . . c. 6. Obedience of the People, 1 Meetings J 1 35 Elizabeth, . . . . c. 1. Obedience of the People, "1 Meetings J 4 3 James I . c. 4. Popish Recusants, Meetings . . 2 3 James I c. 5. 7 James I c. 6. 13 & 14 Charles II. c. ]. 17 Charles II c. 2. 22 Charles II. . . . . c. ]. Affirmation j Popish Recusants, Meetings . . Oaths, Oaths and Affirmation Quakers, Meetings Offices Nonconformists, Meetings Seditious Conventicles, Meetings 2 24, 25 9,14 49 14 4, 14 Xvi A TABLE. „ . , -, Subject and Head under which the same Pare. Reign and Year. J is noticed. ^ 25 Charles II c. 2. Fo^ish. Remsmis, Meetings . . 2 Oaths a7id\ on aq Offices J •^"' ^^ 30 Charles II st. 2. Papists and Parliament, I 2 3 7 Meetings j ' ' Oaths'X 2g and Affirmation J 1 William & Mary, c. 1. Oaths, Meetings 3 1 William & Mary, c. 8. Oatlis & Affirmation. . 25, 30 1 William & Mary, c. 18. Toleration, Meetings, ^c. .. 1,13 Oaths, d&c. . . . 29, 31 Tithes, <&c 56 7 & 8 William III. c. 6. Tithes, Tithes, Sc 66 7 & 8 William III. c. 24. Practisers of Law, Oaths, d'C. . 29 7 & 8 WiUiam III. c. 27. Oaths, Oaths, &c 30 7 & 8 William III. c. 34. Affirmation, Oaths, &c 32 Tithes, &c 56, 61 13 William III c. 4. Affirmation, Oaths, &c.. . - 34 6 Ann, c. 14. Oaths, Oaths, ^^c 34 6 Ann, c. 23. Elections, &c. Oaths, SfC. . . 35 10 Ann, c. 2, Toleration, Jfeetw(/s . .. 12 1 George I c. 6. Affirmation and Tithes, \ og Oaths, 57 George III. . . „ c. 70. Dissenters, Meetings, <&c. 20 XVlll A TABLE. Reign and Year. 57 George III c, 93. 58 George III c. 91. 59 George III c. 81. 1 George IV c. 100. 8 George IV c. 75. 3 George IV c. 126. 4 George IV c. 17. 4 George IV c. 76. 5 George IV c. 58. 5 George IV c. 68. 7 & 8 George IV. c. 17. 9 George IV c. 17. 9 George IV c. 32. 9 George IV c. 85. 9 George IV c. 85. 10 George IV c. 24. 10 George IV c. 57. 1 & 2 WilKam IV. c. 34. 3 & 4 William IV. c. 30. 3 & 4 William IV. c. 49. 4 & 5 William IV. c. 76. 5 & 6 William IV. c. 28. 5 & 6 William IV. c. 71. 5&6WilliamIV. c. 74. 5 & 6 William IV. c. 76. 6 & 7 William IV. c. 71. 6 & 7 William IV. c. 85. 6&7WilliamIV. c. 86. 6 & 7 William IV. c. 104. Subject and Head under which the same is noticed. Page. Distresses, Tithes . . 67,69 Charities for Education, 1 GharitiesJ 158 Charities for Education, "\ Charities J 159 Militia of London, Militia o the City of Londo ^ 98 Marriages, Marriage . . 127 Turnpike Roads, Meetings 17 Marriages, Marriage . . 127 Marriages, Marriage. . . 1 27,135 Charities, Charities 159 Marriages, Marriage . . 127 Distresses, Tithes . . 67 Test Act, Offices . . 49, 51, 52, 53 Evidence, Affirmation . . 42 Mortmain, Meetings 23 Mortmain, Charities . . 163 Annuities, Registers . . 152 Charities, Charities 159 Charities, Charities 159 Poor Rates, Meetings . . 19 Affirmation, Oaths, SfC. . . 43, 34 Poor Laws, Tithes, houses, &c. acts, and all deeds or documents relating to such charitable foundations, shall be construed as if the said acts had been in force respectively at the re- spective times of founding or using such meeting houses, schools, and other charitable foundations as aforesaid. Sect. 2 enacts. That so far as no particular reli- The religious doctrines or gious doctrines or opinions, or mode of regulating theTreacHng worship, shall on the face of the will, deed, orofSdith^ meeting other instrument, declaring the trusts of any meet-touse maybe ° -^ held, to be ing house for the worship of God, by persons 25^^'earl^u^T^ T .• p •-> '.-I • , where not ex- Qissentmg as aioresaid, either m express terms, or pressiy stated in the Deed of by reference to some book, or other document, as Trust. containing such doctrines or opinions, or mode of regulating worship, be required to be taught or observed, or be forbidden to be taught or observed therein, the usage for twenty-five years immediately preceding any suit relating to such meeting house 22 of the congregation frequenting the same, shall be taken as conclusive evidence that such religious doctrines, or opinions, or mode, as have for such period been taught or observed in such meeting house, may properly ]je taught or observed in such meeting house, and the right or title of the con- gregation to hold such meeting house, together with any burial ground, Sunday, or day school, or minister's house attached thereto, and any fund for the benefit of such congregation, or of the minister or other officer of such congregation, or of the v^'idow of any such minister, shall not be called in question on account of the doctrines, or opinions, or mode of worship so taught or observed Proviso. in such meeting house : Provided nevertheless, that where any such minister's house, school or fund as aforesaid, shall be given or created by any will, deed or other instrument, which shall declare in express terms, or by such reference as aforesaid, the particular religious doctrines or opinions for the promotion of which such minister's house, school or fund is intended, then, and in every such case, such minister's house, school or fund, shall be applied to the promoting of the doctrines or opinions so specified, any usage of the congregation to the contrary notwithstanding. 23 Sect. 3 provides, That the act shall not affect any judgment, &c. already pronounced by a court of law or equity, but that in suits pending, the court may give the defendants the benefit of the act. Under the Head " Charities," post, will be found the act 9 Geo. II. c. 86, (commonly, though inaccurately, called the Mortmain Act,) and the remedial act 9 Geo. IV. c. 85, passed for perfecting titles in cases where the provisions of the Mortmain Act had not been complied with. And it is to be especially observed, that the remedial act has only a retro- spective operation, and that the provisions and formalities required by the 9 Geo. II. c. 36, must in future be strictly complied with. The purchase or acquisition of meeting houses and burial grounds, or of land for either of those purposes, as well as of premises held for objects more strictly charitable, comes within the purview of the Mortmain Act. OATHS AND AFFIRMATION. 7 Jas. I. c. 6. By 7 James I. c. 6, Sect. 2,'* It is enacted, that Every person evcry person above the age of eighteen years, shall above 18 to . -ox take oath of take the oath of allegiance set forth m 3 James 1, allegiance. c. 4. f repealed vide ante p. 1 note.) Justices may Sect. 26. It shall be lawful for any two justices require per- sons to take of the pcace (whereof one of the quorum) to require any person of the age of eighteen years, under the On refusal, degree of a Baron or Baroness, to take the oath ; persons may be committed ^nd if any person of the aaje of eighteen years shall till next assi- •' ^ & & J orre^tVisingX Tcfusc to take the oath duly tendered, the persons incur tlie , . ^ • i rv i penalties of authorized may commit the offender to the common prjemunire. gaol until the next assizes or quarter sessions, w^here the oath shall be again required ; and if the person shall refuse to take the oath, every person so re- fusing, shall incur the penalty of praemunire,-]' ex- cept women covert, who shall be committed only to prison, till they take the oath. * So much of this act as relates to Recusants, or to the penalties of Recusancy, is repealed by 7 and 8 Vict. c. 102 ; and by 9 and 10 Vict. c. 59, 7 Jas. I. c. 6, is wholly repealed. t Praemunire ; so called from the words of the writ preparatory to the prosecution thereof ; the penalties whereof are, that the persons incurring the same, shall be put out of the King's protection, and their lands and goods forfeited to the King, and they shall be attached by their bodies, and brought before the King and his Council to answer, or process shall be made against them by prscmunire facias. 25 Sect. 27. Every person refusing to take the Persons refus- ing, incapable oath, shall be disabled to execute any public place '^^^ ^"^ *'*^®- of judicature, or to bear any other office (being no office of inheritance or ministerial function) within England, or to the practice of the law, or physic or • surgery, or the art of an apothecary, or any liberal science for gain, until he shall receive the oath. By 1 W. and M. st. 1, c. 8, intituled, "An acti w.andM. St. 1, c. 8. for abrogating the oaths of supremacy and alle- Repeal of cer- tain oaths. giance, and appointing other oaths,"^ Sect. 2, The oath of supremacy required by 1 Eliz. c. 1, and the oath of allegiance required by 3 James I. c. 4, and 7 James I. c. 6, are repealed. Sect. 3. The oaths and declaration appointed by other oaths i-equired to be this act shall be taken and subscribed by such per- taken, sons as were required to take the said abrogated oaths of supremacy and allegiance. Sect, 4. And all and every person and persons Before whom oaths, &c. to shall take the said oaths, and make, repeat, and ^® *aken. subscribe the said declaration, before such person * So much of this act as renders liable any person or persons who , shall refuse to take the oaths therein mentioned, or either of them, to imprisonment, fine, and disability to hold any office, civil or military, is repealed by 7 and 8 Vict. c. 102 ; and by 9 and 10 Vict. c. 59, other parts of 1 Eliz. c. 1, are repealed, and 3 Jas. I. c. 4. is wholly repealed. 2Q or persons respectively, as were authorized and empowered to tender the said oaths of allegiance then abrogated and made void ; which said person or persons are thereby required to minister and ' tender the same accordingly. Persons in Scct. 5. All pcrsous that shall hereafter be ad- office to take , - . . , the oaths. mitted into any office or employment, ecclesiastical or civil, or come into any capacity, in respect, or by reason whereof, they should have been obliged by any statute to take the said abrogated oaths, or either of them, shall take the oaths hereby ap- pointed, in such manner, at such times, before such persons, and in such places, as they should or ought to have taken the said former oaths, or either of them, in case the same had not been abrogated. Tenaity for And that cvcry person who shall neglect or refuse neglect. to take the same, shall incur and be liable to the same penalties, forfeitures, disabilities, and incapaci- ties, as by any such statute was appointed. Persons refus- Scct. 9. If any pcrsou or persons shall refuse to ino; to take the oaths take the said oaths, or either of them, when ten- upon tender, mit^ted"'" dered to him or them by any persons lawfully authorized to administer or tender the same ; the person or persons so tendering the said oaths, or either of them, shall commit the said person and 27 persons so refusing, to the common gaol or house of correction, there to remain, without bail or main- prize, for the space of three months, unless such offender shall pay down to the said person or per- sons so tendering the said oaths, or either of them, such sum of money, not exceeding forty shillings, as the said person or persons so tendering the said oaths, or either of them, shall require such offender to pay ; which monies shall be paid to the church- wardens or overseers of the poor, for the relief of the poor of the parish or place where such offender did last inhabit ; and if at the end of three months second n fusal. after such refusal, the person or persons so refusing, shall again refuse to take the said oaths, or either of them, when lawfully tendered to him or them, the person or persons so tendering the said oaths, or either of them, shall commit the said person and persons so refusing, to the common gaol or house of correction, there to remain for the space of six months, unless every such offender shall pay down to the person or persons so tendering the said oaths, or either of them, such sum of money, not exceeding ten pounds, nor under five pounds, as the said person or persons so tendering the said oaths, or either of them, shall require such offender to pay ; the said money to be disposed of in manner aforesaid: x-^nd unless every such offender shall 28 become bound with two sufficient sureties, with condition to be of good behaviour, and also to appear at the next assizes or general gaol delivery to be holden for the county, liberty, or place where such offender shall then inhabit or reside ; at which assizes or gaol delivery the said oaths shall be again tendered to every such offender by the justices of assizes or gaol delivery, in their open assizes or Third refusal, g^^ol delivery : And if the said offender shall refuse to take the said oaths, or either of them, when tendered by the justices of assizes or gaol delivery, then every person and persons so refusing, shall be and are hereby adjudged incapable of any office, civil or military, within this kingdom, and shall likewise be and remain bound to good behaviour until he or they do take the said oaths. And in case any Penalty for such person or persons shall refuse also to make refusing declaration, and subscribe the declaration^ mentioned in the statute made in the 30 Chas. II. such person and persons shall suffer all pains, penalties, forfeitures, and disabilities, as a Popish Recusant convict, and be taken and deemed a Popish Recusant convict, to all intents and purposes whatsoever. Other oaths are appointed hy subsequent acts instead of those appointed hy this act. * See page 7, note. 29 By 1 W. and M., c. 18, intituled, ''An act foriw. &m. c. 18, Parish exempting their Majesties' Protestant subjects dis- officers scru- senting from the Church of England, from the ^^^7^^^^^", ^'^ penalties of certain laws," Sect. 7, It is enacted, that if any person dissenting from the Church of England, shall hereafter be chosen or otherwise appointed, to bear the office of high constable or petit constable, churchwarden, overseer of the poor, or any other parochial or ward office, and such person shall scruple to take upon him any of the said offices in regard of the oaths, or any other matter or thing required by the law to be taken or done in respect of such office, every such person shall and may execute such office or employment by a sufficient deputy, by him to be provided, that shall comply with the laws on this behalf. Pro- vided always, the said deputy be allowed and approved by such person or persons, in such manner as such officer or officers respectively should by law have been allowed and approved. By 7 and 8 Will. III. c. 24, intituled, " An act 7 & 8 wm. •[ III. c. 24. requiring the practisers of law to take the oaths, and K®'"^*^^^ ^^^^1 ^ o i^ ' tismg law not subscribe the declaration therein mentioned," It is &^5iSbie*to' -, -, ' f. 1 II • penalties. enacted, that it any person shall act as Serjeant at law, counsellor, barrister, advocate, attorney, soli- citor, proctor, clerk, or notary, by practising in any 30 manner as such in any court, not having before the time of such acting taken in Chancery, or King's Bench, or quarter sessions of the county wherein he Ante p. 25. Hves, the oaths mentioned in 1 W. and M. c. 8, and made and subscribed the declaration* appointed in 25 Chas. II. intituled, An act for preventing dangers which may happen from Popish Recusants," such per- sons shall incur all the pains, penalties, and forfeitures mentioned in the statute of Praemunire, 16 Rich. II. 7&8AViii. By 7 and 8 Will. III. c. 27, intituled, " An act 111. c. 27. for the better security of his Majesty's Royal Person Persons re- and Government ;" Sect. 1, It is enacted that every fusing to take i n r- onths, liable to person and persons who shall refuse to take the penalties on Popish iiecu- gaths whcn tendered by persons lawfully authorised, or shall refuse or neglect to appear when lawfully summoned in order to have the oaths tendered to him or them, shall until he or they have duly taken the said oaths be liable to incur, forfeit, pay, and suffer, all and every the penalties, forfeitures, sums of money, disabilities, and incapacities, which by the laws of the realm are or were inflicted upon Popish Recusants, duly convicted of Recusancy. And the * The following is the form of this declaration : — " I, A. B. do declare, that I do believe, that there is not any transub- stantiation in the Sacrament of the Lord's Supper, or in the elements of bread and wine, at or after the consecration thereof by any person whatsoever." 31 persons so tendering the oaths shall upon every such Names of per- sons refusing refusal or default of appearance, record the christian *" i^*^ entered ^^ ' of record. and surnames, and the place of abode of the person or persons so refusing or not appearing, with the time of such tender and refusal, or default of appear- ance, and shall deliver and certify the said record or entry to the justices of assize, justices of Oyer and Terminer or gaol delivery, at their next session, who shall forthwith certify the same into his Majesty's Court of Exchequer. Sect. 12. Provided always that such of the Dis- Friends may subscribe De- senters from the Church of Ensrland, called Quakers, fi-iration of ^ -X. . Fidelity. who scruple the taking any oath, as shall make and subscribe the declaration of fidelity mentioned in 1 W. and M. and shall produce such witnesses and Ante p. 7. certificates as are by the said act required, proving . themselves to be of the said people called Quakers, and shall also own King William to be rightful and lawful King of these realms, shall and are hereby exempted from the penalties and forfeitures provided by this act for such as shall refuse to take the oaths. Sect. 19. And it is further enacted that no Persons re- fusing to take person who shall refuse to take the oaths, or beinj^ oaths, .vc, to ^ have no vote Quakers shall refuse to subscribe the declaration of '"^ ^^';''^'*''\9'^' members of fidelity (which oaths and subscription respectively -^^''^'^™''''*^- 32 the sheriff or chief officer taking the poll at any election of members to serve in parliament, at the request of any one of the candidates, are hereby em- powered and required to administer) shall be admitted to give any vote for the election of any knight, citizen, burgess, or baron, to serve in Parliament. 7&8Wiii. By 7 and 8 Will. III. c. 34, intituled, " An act III.c 34. -^ ' that the solemn affirmation and declaration of the people called Quakers, shall be accepted instead of an oath in the usual form ;" Sect. 1 , After reciting that divers Dissenters, commonly called Quakers, refusing to take an oath in courts of justice, and other places, are frequently imprisoned, and their estates sequestered, by process of contempt issuing out of such courts, to the ruin of themselves and families : For remedy thereof it was enacted that Friends, in- cvcry Quaker within the Kingdom of England, stead of oath, tomakeaffir- Dominion of Wales, or Town of Berwick-upon- mation. Tweed, who shall be required upon any lawful occasion to take an oath in any case, where by law an oath is required, shall, instead of the usual form, be permitted to make his or her solemn affirmation or declaration, in the words therein following. The form is altered hy 8 Geo. I. c. 6, j^ost, and subsequently hy 3 and 4 Will. IV. c. ^9, post. 33 Sect. 2. Which said solemn affirmation or decla- Which is to be of the same ration shall be adjudged and taken, and is thereby fo^ce in law as enacted and declared to be of the same force and effect, to all intents and purposes, in all courts of justice, and other places, where by law an oath is required within the Kingdom of England, Dominion of Wales, or Town of Berwick-upon-Tweed, as if such Quaker had taken an oath in the usual form. Sect. 3. And it is further enacted, that if any Penalty on false affirma- Quaker, making such solemn affirmation or declara- tion- tion, shall be lawfully convicted, wilfully, falsely, and corruptly to have affirmed or declared any matter or thing, which, if the same had been in the usual form, would have amounted to wilful and corrupt perjury ; every such Quaker so offending, shall incur the same penalties and forfeitures, as by the laws and statutes of this realm are enacted against persons convicted of wilful and corrupt perjury. Sect. 6. Provided, and it is enacted, that no Friends not to be evidence iu Quaker or reputed Quaker, shall by virtue of this criminal causes. act be qualified or permitted to give evidence in any ^ibse^uMit^ 1 . . I statutes. criminal causes, or serve on any juries, or bear any office or place of profit in the Government^ any thing herein contained to the contrary in any wise notwithstanding. D the oath. 34 This act was to continue in force for seven years^ it was eoctended ^^ 13 Will. III. c. 4, and made 'perpetual by 1 Geo. I. c. 6, and so far as regards the affirmation, extended to Scotland; but is altered by 8 Geo. I. c. 6, by 9 Geo. IV. c. 32, and 3 & 4 mil IV. c. 49. 6 Ann.c. 14. By 6 Ann, c. 14, intituled, " An act for the better security of her Majesty's person and government," Justices may Scct, 1, It is enacted, that it shall and may be lawful summon afsaffec^ed"^ for any two justices of the peace, whereof one of tendeMhem them to bc of the quorum, within any of the counties, ridings, divisions, stewartries, cities, or boroughs within the Kingdom of Great Britain, or any other person or persons who shall be for that purpose specially appointed, at any time or times to summon and convene before them all such persons within the limits of their respective jurisdictions, powers and authorities, as they shall or may suspect to be dangerous or disaffected to the Government, and shall and may tender to every such person and persons the oath therein above-mentioned and appointed, (viz., the oath of Abjuration, which is altered by subsequent statutes, vide post,) and shall at the next quarter sessions of the peace, to be held for the county or place in w^hich the said oath shall be tendered, certify the christian names and surnames. 35 and places of abode, of all persons refusing to take the said oath, to be there recorded, and shall be from thence certified by the clerk of the peace of such county, riding, liberty, borough, town corporate, or place, within England, into the Court of Chancery or Queen's Bench at Westminster, and by the clerk of the peace of every shire, stewartry, borough, or place, in Scotland, into the Court of Session, there to be recorded in the register or rolls of the said re- spective courts ; and if the person so refusing and certified shall not, within the next term or session after such refusal, appear in the Court of Chancery, Queen's Bench, or Session, where such certificate shall be returned, and in open court audibly and solemnly take and subscribe the oath aforesaid, and endorse or enter his so doing upon the certificate so returned, shall be from such the time of his neglect or refusal, taken, esteemed and adjudged a Popish recusant convict, and as such shall forfeit and undergo such penalties as a Popish recusant convict ought to do by the laws in England. By 6 Ann, c. 23, it is enacted. Sect. 13, that 6 Ann, c. 23. Friends re- every person who shall refuse to take the oath last ^'^^°g*9™'^^^ •^ ^ amrmation. thereinbefore recited, (viz. the oath of Ahjuration) or being a Quaker, shall refuse to declare the effect thereof upon his solemn affirmation, as directed by D 2 36 Ante p. 32. 7 Will, (which oath or declaration the sheriff, pre- sident of the meeting, or chief officer taking the poll, at any election of memhers to serve in the House of Commons for any place in Great Britain, or commissioners for choosing burgesses for any place in Scotland, at the request of any candidate or other person present at such election, are thereby Incapable of empowered and required to administer) shall not be voting for Pariiaraen^t^ Capable of giving any vote for the election of any such member to serve in the House of Commons for any place in Great Britain, or commissioner to choose a burgess for any place in Scotland. Friends not liable to penalties. Ante p. 32. Sect. 14. If any person being a Quaker, shall refuse to take the said oath, being tendered to him in pursuance of the 6 Ann, c. 14, but shall instead thereof, declare the effect of the said oath, upon his solemn affirmation, as directed by 7 Will. III. which affirmation shall be administered to such Quaker instead of the said oath, such Quaker shall not be liable to any of the penalties or forfeitures for refusing the said oath, when tendered to him, contained or mentioned in 6 Ann. c. 14. 1 Geo. I. c. 6. By 1 Geo. I. c. 6, intituled, " An act for makinjy Affirmation j!lmtio'li*'oalh" perpetual an act 7 and 8 Will. III., intituled, 'An act that the solemn affirmation and declaration of 37 the people called Quakers, shall be accepted instead of an oath in the usual form,' and for explaining and enforcing the said act in relation to the payment of tithes and church rates and for appointing the form of an affirmation to be taken by the said people called Quakers, instead of the oath of abjuration." It is enacted. Sect. 3, that in all cases wherever the effect of the said abjuration oath may be legally tendered, or required of the said people called Quakers, or any of them, he or they shall take the effect thereof in the words there following ; The form is subsequentlj/ altered, vide post. By 8 Geo. I. c. 6, intituled, " An act for granting s Geo. i c. 6. the people called Quakers, such forms of affirmation or declaration, as may remove the difficulties which many of them lie under :" Reciting, that for giving some ease to scrupulous consciences, an act was made, 1 W. & M. c. 18, whereby, among other Ante p. i. things, a declaration of fidelity, in the form therein expressed, is appointed to be made by certain per- sons, Dissenters from the Church of England, who scruple the taking of any oath : And reciting, that an act was made 7 and 8 Will, III. intituled, " An Ante p. 32. act that the solemn affirmation and declaration of the people called Quakers, shall be accepted instead of an oath in the usual form," under the provisions 38 therein mentioned ; which act being at first tempo- rary, was afterwards further continued by 13 and 14 Will. III. and the same act is made perpetual by an act made in the first year of his then Majesty's reign ; by which last mentioned act, a form, importing the effect of the abjuration oath, is prescribed to be taken by the said people called Quakers : And reciting, that the inconveniences to the said people called Quakers, and their families, and to others requiring their testimony, in many cases, were not sufficiently avoided, by reason of difficulties among the said Quakers, relating to the forms of the declaration, affirmation and abjuration, before-mentioned, as the same w^ere then prescribed : And reciting that it was evident, that the said people called Quakers had not abused the liberty and indulgence allowed to them by law, and that they had given testimony of their fidelity and affection to his Majesty, and the settlement of the Crown in the Protestant line ; and that it was reasonable to give them farther ease and New forms, relief: It is then enacted, that in all cases, where by law any Quaker is, or shall be required or permitted to make and subscribe the declaration of fidelity, in the form prescribed by the said first mentioned act, or to make the solemn affirmation or declaration in the form prescribed by 7 & 8 Will. Ill,, or to take the effect of the abjuration oath, in the form pre- 39 scribed by the act of the first year of his then Majesty's reign, every such Quaker, shall, instead of such first mentioned declaration of fidelity, make and subscribe a declaration of fidelity in the following words, viz. I, A. B. do solemnly and sincerely promise and Declaration of fidelity. declare, that I will be true and faithful to King George, and do solemnly, sincerely, and truly pro- fess, testify, and declare, that I do from my heart abhor, detest, and renounce, as impious and here- tical, that wicked doctrine and position, that Princes excommunicated or deprived by the Pope, or any authority of the See of Rome, may be deposed or murdered by their subjects, or any other whatsoever. And I do declare, that no foreign Prince, Person, Prelate, State, or Potentate, hath or ought to have any power, jurisdiction, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm. And instead of the solemn affirmation or declara- Affirmation. tion in the form prescribed by 7 and 8 Will. III. every such Quaker shall make the solemn declaration or affirmation set out in the act. And instead of the form prescribed by the said act of the first year of his then Majesty's reign, for 40 the effect of the abjuration oath, every such Quaker shall take the effect thereof in the words set out in the act. The forms now in use are given m 3 ^ 4 Will. IV c. ^9, post. Authority for And all Dcrsons authorised or required to admi- administering new forms, nister or tender, either the said former declaration of fidelity, or the said former solemn affirmation or declaration, or the former effect of the abjura- tion oath aforesaid, shall be, and are hereby au- thorised and required to administer and tender the same respectively, to the said people called Quakers, in the words by this act respectively appointed. To be of the ggct. 2. The declaration of fidelity, and solemn same eiiect as •' ' iormerones. afljj-mation or declaration, and the effect of the abjuration oath, appointed by this act for the said people called Quakers, instead of the respective forms prescribed for the same by the said recited acts, shall respectively be adjudged and taken to be of such and the same force and effect, and no other, to all intents and purposes, in all courts of justice and elsewhere, as if such Quaker had made and subscribed the declaration of fidelity, or had made the solemn affirmation or declaration, or had taken 41 the effect of the abjuration oath, in the respective forms appointed by the said recited acts : And if any person making such affirmation or declaration, False affirma tion. as is appointed by this act to be made, instead of the affirmation or declaration in the form pre- scribed by 7 & 8 Will. III. shall be lawfully con- victed of wilful, false and corrupt affirming and declaring any matter or thing, which, if sworn in the common or usual form, would have amounted to wilful and corrupt perjury, every such person, so offending shall incur and suffer such and the same pains, penalties, and forfeitures, as are inflicted or enacted, by the laws and statutes of this realm, against persons convicted of wilful and corrupt perjury. Sect. 3. All clauses, provisoes, and exceptions, clauses not repealed. contained in the said recited acts, or any of them, not hereby expressly altered or repealed, shall be of such and the same force and effect, as they were before the making of this act."^ * By the Annual Indemnity Acts, all persons who ought to have taken certain oaths, and subscribed certain declarations required by various acts, and amongst which are mentioned several of the acts set out under this head, but who have neglected or omitted so to do, are indemnified against all penalties, forfeitures, incapacities, and disabi- lities, incurred by such neglect or omission, by taking the said oaths, and subscribing the said declarations, on or before a particular day therein mentioned, before which day the next Indemnity Act is gene- rally passed. 42 By 22 Geo. II. c. 46, it was enacted, that in all cases where by any act then in force or thereafter to be made, an oath was or should be allowed, authorized, directed, or required, the affirmation of a Friend should be allowed and taken instead of such oath ; but the act contains similar exceptions to those contained in the former acts, as to giving evidence in criminal cases, serving on juries, and bearing any office of profit in the Government. And by 15 Geo. III. c. 39, the affirmation of Friends was extended to cases where penalties were to be levied, or distresses to be made under any Act of Parliament ; but as the affirmation is now by 3 & 4 Will. IV. c. 49, j^ost, extended to all cases where an oath is or shall be required, it is needless to set them out in full. Geo. IV. c. By 9 Geo. IV. c. 32, intituled "An act for 32. amending the law of evidence in certain cases/' it Friends or is by Sect. 1 enacted^ that every Quaker or Moravian Moravians re- quired to give -y^riio shall be required to give evidence in any case evidence, may t. o j oath make^" whatsoever, criminal or civil, shall, instead of taking their solemn i • i ^ r ^ • ^ i i • affirmation, an oath m the usual lorm, be permitted to make ms which shall be of the qf her Solemn affirmation or declaration in the v^^ords same effect in or cHminat' following, (that is tO Say,) The form of "I, A. B. do Solemnly, sincerely, and truly the affirma^ tion is now declare and affirm," which said affirmation or de- altered by 3 c. 49, post, claration shall be of the same force and effect in all courts of justice, and other places, where by law an oath is required, as if such Quaker or Moravian 43 had taken an oath in the usual form ; and if any person making such affirmation or declaration shall be convicted of having wilfully, falsely, and corruptly affirmed or declared any matter or thing, which if the same had been sworn in the usual form, would have amounted to wilful and corrupt perjury, every such offender shall be subject to the same pains, penalties, and forfeitures, to which persons convicted of wilful and corrupt perjury are or shall be subject. By 3 & 4 Will. IV. c. 49, intituled "An act3&4Wiii. ^ IV. c. 49. to allow Quakers and Moravians to make affir- mation in all cases where an oath is or shall be required," it is by Sect. 1 enacted, that every per- Friends per- mitted to son of the persuasion of the people called Quakers, ^^^'^ solemn ^ r L ainrmation or and every Moravian, be permitted to make his or her instead of'an rr* • T 1 • • 1 p 1 • oath, in all solemn affirmation or declaration instead of taking cases, an oath, in all places and for all purposes whatso- ever where an oath is or shall be required, either by the common law or by any Act of Parliament already made or hereafter to be made, which said affirma- tion or declaration shall be of the same force and effect, as if he or she had taken an oath in the usual form ; and if any such person making such solemn affirmation or declaration shall be lawfully Penalty on affirming or convicted wilfully, falsely, and corruptly to have declaring falsely. affirmed or declared any matter or thing, which, if 44 the same had been in the usual form, would have amounted to wilful and corrupt perjury, he or she shall incur the same penalties and forfeitures as by the laws and statutes of this realm are enacted against persons convicted of wilful and corrupt per- jury, any law, statute, or custom to the contrary Proviso. notwithstanding ; provided always, that every such affirmation or declaration shall be in the words following ; (that is to say,) Formofdecia- "I, A. B. being ouc of the people called Quakers, ration. [or one of the persuasion of the people called Quakers, or of the United Brethren called Moravians, as the case may he,'] do solemnly, sincerely, and truly declare and affirm." By Sect. 2, after reciting that some doubts may arise as to the form of the affirmation to be taken in lieu of the oath of abjuration, by persons of the per- suasion of the people called Quakers, it is enacted, that instead of the form of affirmation prescribed in 8 Geo. I. c. 6. lieu of the abjuration oath by the act 8 Geo. I, Ante p. 37. and instead of the form of the oath of abjuration 6 Geo. III. prescribed by the act 6 Geo. Ill, every person of c. 53. the persuasion of the people called Quakers, shall be permitted to make his or her solemn affirmation in the following words, videlicit. 45 ^' I, A. B., being one of the people called Quakers, Form of affirmation in [or one of the persuasion of the people called Quakers, ^yurat^n^ ^^ or of the United Brethren called Moravians, as the case may he'] do solemnly, sincerely, and truly acknow- ledge, profess, testify and declare, that King William is lawful and rightful King of this realm, and of all other his dominions and countries thereunto belong- ing ; And I do solemnly and sincerely declare, that I do believe that not any of the descendants of the person who pretended to be Prince of Wales, during the life of the late King James the Second, and since his decease pretended to be and took upon himself tlie style 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 style and title of king of Great Britain, hath any right or title what- soever to the crown of this realm, or any other the dominions thereunto belonging ; and I do renounce and refuse any allegiance or obedience to any of them : And I do solemnly promise, that I will be true and faithful and bear true allegiance to King William, and to him will be faithful against all trai- torous conspiracies and attempts whatsoever, which shall be made against his person, crown, or dignity ; and I will do my best endeavour to disclose and make known to King William and his successors all treasons and traitorous conspiracies, which I shall 46 know to be made against him or any of them ; and I will be true and faithful to the succession of the crown against the descendants of the said James, and against all other persons whatsoever, which succes- sion, by an act intituled An act for the fiu'ther limitatmi of the Crown, and better securing the rights and liberties of the subject, is and stands limited to the Princess Sophia, electress and duchess dowager of Hanover, and the heirs of her body being Pro- testants : And all these things I do plainly and sincerely acknowledge, promise, and declare, accord- ing to these express words by me spoken, and according to the plain and common sense and under- standing of the same words, without any equivoca- tion, mental evasion, or secret reservation whatsoever ; And I do make this recognition, acknowledgment, renunciation, and promise heartily, willingly, and truly." Although all questions as to the applicability of the affirma- tion of a Friend instead of an oath, are set at rest by 3 & 4 Will. IV. c. 49, yet it may not be unsuitable, as a matter of historical interest, to give some extracts from the votes of the House of Commons in the year 1833, on the occasion of Joseph Pease being returned by one of the divisions of the County of Durham as their representative in Parliament. They are as follow — 47 Veneris, 8° die Februarii, 1833. Several members attended at the table to take the oaths, and Joseph Pease, Esq., returned for the southern division of the County of Durham, having stated that being one of the people called Quakers, he claimed the privilege of making an affirmation, instead of taking the oaths ; whereupon he was desired by Mr. Speaker to retire until the sense of the house could be taken upon his claim, and he retired accordingly. QuAKEE Affirmation. — Select Committee appointed " to " search the journals of the house, and to report to the house " such precedents, and such acts, or parts of Acts of Parlia- " ment as relate to the right of the people called Quakers to " take their seats in Parliament, and to the privilege conferred " upon them to make their solemn affirmation in courts of "justice and other places where by law an oath is allowed, " authorized or required to be taken." Jovis, 14° die Februarii, 1833. Joseph Pease, Esq. — Eesolved, That it appears to this house that Joseph Pease, Esq., is entitled to take his seat upon making his solemn affirmation and declaration to the effect of the oaths directed to be taken at the table of this house. Veneris, 15° die Februarii, 1833. Joseph Pease, Knight of the Shire for the County of Dur- ham, appeared at the table, and made his solemn affirmation ; and several other members took the oaths. By I and 2 Vict. c. 77, intituled, "An act fori&2Vict. c. 77. permitting affirmation to be made instead of an oath 48 in certain cases," it is enacted, that it shall be lawful Persons who fgr any person who shall have been a Quaker, or a may have been •' ^ make affirma- Moravian, to make solemn affirmation and declara- tion in lieu of . . T r J ^ • ^ r ^^ • it oath. tion m lieu ot taking an oath, as fully as it would be lawful for any such person to do if he still remained a member of either of such religious deno- minations of Christians, which said affirmation or declaration shall be of the same force and effect as if he or she had taken an oath in the usual form ; ifconvictedof a^(j if any such person makinej such solemn afiirma- having falsely J r o affirmed to be ,- i i ,• i n v • i. j r i. • •^ punished as if fi^n or declaration shall be convicted ot having wil- guilty of per- y -i jury. fully, falsely, and corruptly affirmed or declared any matter or thing which, if the same had been sworn in the usual form, would have amounted to wilful and corrupt perjury, every such offender shall be subject to the same pains, penalties, and forfeitures to which persons convicted of wilful and corrupt per- Proviso. jury are or shall be subject : Provided always that every such affirmation or declaration shall be in the words following (that is to say) Formofdecia- j^ A. B. haviuff been one of the people called ration. " Quakers, [or one of the persuasion of the people called Quakers, or of the United Brethren called Moravians, as the case may be], and entertaining conscientious objections to the taking of an oath, do solemnly, sincerely, and truly declare, and affirm. OFFICES. By 9 Geo. IV. c. 17, intituled "An act for repeal- 9 Geo. i v. c. 17. ing so much of several acts as imposes the necessity of receiving the sacrament of the Lord's Supper as a qualification for certain offices and employments," After reciting the acts of 13 Chas. II. st. 2, c. 1 ; 25 ischas. 11. St 2 c 1 • 25 Chas. II. c. 2, and 16 Geo. II. c. 30, it is, by Sect. 1 ciias. ii.c. 2 ; ' ' ' -^ 16 Geo. II. c. enacted, that so much of the recited acts as requires ^^' the person or persons in the said acts respectively So much of re- cited acts as described, to take or receive the sacrament of the require the persons there- Lord's Supper according to the rites or usage of the j" recelve^he Church of England, for the several purposes therein certain pur- poses, re- expressed, shall be, and the same are hereby repealed, pealed. And by Sect. 2, the form is given of a Declaration Declaration substituted. to be made in lieu of the sacramental test. The form to he used by Friends is given in 1 and 2 Vict. c. 5, post. By 5 and 6 Will. IV. c. 28, intituled " An act for 5 & 6 wiii. IV. c. 28. removing doubts as to the declaration to be made, and oaths to be taken by persons appointed to the office of sheriff" of any city or town being a county of itself," after reciting that by 9 Geo. IV. c. 17, itgGeo.iv.c. 17, ante. is enacted, that every person who should thereafter 50 be placed, elected, or chosen, in or to the several public Offices or Trusts therein named, should within one calendar month next before or upon his admis- sion into any of the aforesaid Offices or Trusts, make and subscribe the Declaration therein men- No person tioucd ; it is by Sect. 1 enacted, that no person who chosen a she- riff liable to jj^d already been or should thereafter be elected or make the de- •' Gea iv: c°i7. chosen to the office of sheriff of any city or town being a county of itself, should by reason thereof be liable to make or subscribe the aforesaid Declaration within one calendar month next before or upon his Proviso. admission to the said office : Provided always that every person so elected or chosen to the said office of sheriff shall take, make, and subscribe, within the time required by law, all Oaths and Declarations which sheriffs of counties are bound to take, make, and subscribe. 5&6Wiii.rv. By 5 and 6 Will. IV, c. 76, intituled "An act to C.76. provide for the regulation of municipal corporations in England and Wales," it is by Sect. 50 enacted, Mayor, alder- that no pcrson elected a mayor, alderman or coun- man and councillors, cillor, or auditor or assessor, for any borough, shall auditors and •' <^ boroueh!,^not ^^ Capable of acting as such, except in administer- theyhave ing the declaration thereinafter contained, until he made a decla- ration of ac- shall have made and subscribed before any two or ceptance of office. more such aldermen or councillors (who are thereby 51 respectively authorized and required to administer the same to each other) the declaration of acceptance of office and of qualification by estate, in the words or to the effect therein mentioned : And that every Aldermen, if required, to alderman who shall have made and subscribed the ™a]^e a decla- ration of ofnce foregoing declaration in respect of estate, shall once y^l^g^ ^^^^'^ in every period of three years, if required in writing so to do by any two members of the council, make and subscribe a declaration that he is qualified to the same amount in real or personal estate, or both, as the case may be, as the amount mentioned in the declaration originally made and subscribed by him : Provided that nothing in the act contained should Proviso. be construed to dispense with the obligation of any person to make and subscribe the declaration pro- vided and enjoined by the act of 9 Geo. lY. c. 17. oGeo. iv. c. 17, ante. By 6 and 7 Will. IV. c. 104, intituled " An act for 6 & 7 wiii. IV. c. 104. the better administration of the borough fund in certain boroughs," after reciting 5 and 6 Will. IV. 5&6Wiii. ^ IV. c. 76, ante. c. 76, and that no provision is made in the said act for resigning any corporate office on payment of a fine or otherwise, it is by Sect. 8 enacted, that every corporate offices may be person elected into any corporate office in any of the resigned on payment of said boroughs, may at any time resign such office on *^"®' payment of the fine which he would have been liable to pay for non-acceptance of the same office : Pro- E 2 52 Proviso ex- vidcd that no person enabled by law to make an affir- empting from fine, persons matioH instead of taking an oath, shall be liable to enabled to ^ Uon.^ ^ ™^ ^^y fi^6 for non-acceptance of office in any borough, by reason of his refusal on conscientious grounds to take any oath or make any declaration required by the said act, or to take upon himself the duties of such office. Bj/ the 3 and 4 Vict. cap. 108, like provision is made for Ireland. 5. 1 &2Vict. c. By 1 and 2 Vict. c. 5, intituled " An act for the relief of Quakers, Moravians, and Separatists elected to Municipal offices," it is enacted, that instead of Instead of the the declarations required to be subscribed in 9 Geo. declarations Siv c^i7 ^^- ^' 1"^' ^°^ ^" ^ ^°^ ^ ^^^^- ^^' ^' "^^ respectively. Will. IV. c. Quakers, Moravians, and Separatists, entertaining 76, the follow- . , 1 1 1 • I ing deciara- conscicntious scruples to such declarations, be per- tion to be made. mitted to make the following declaration on accept- ing office in any municipal corporation as mayor, alderman, or councillor : Declaration. " I, A. B., being oue of the people called Quakers, [or one of the persuasion of the people called Quakers, or of the United Brethren called Moravians, or of the denomination called Separatists, as the case may he~\ having conscientious scruples against 53 subscribing the declaration contained in an act passed in the ninth year of the reign of King George the Fourth, intituled ' An act for repealing so much of several acts as imposes the necessity of receiving the Sacrament of the Lord's Supper as a qualification for certain offices and employments,'' do solemnly, sincerely, and truly declare and affirm, that I will not exercise any power or authority or influence which I may possess by virtue of the office of to injure or weaken the Protestant Church as it is by law established in England, nor to disturb the said church, or the bishops and clergy of the said church, in the possession of any right or privileges to which such church or the said bishops and clergy may be by law entitled." Sect. 2 enacts. That such affirmation or declaration Such declara- tion to be of shall be of the same force and effect as if the person fame force as ^ those in 9 Geo. making it had made or subscribed the declarations 5^" g^'jy°*^ IV. c. 76. aforesaid as contained in the said acts of 9 Geo. IV. and 5 and 6 Will. IV. respectively. By 1 and 2 Vict. c. 15, intituled "An act for 1 and 2 vict. c. 15. the further relief of Quakers, Moravians and Sepa- ratists," it is enacted, that every person being instead of the declaration of the persuasion of the people called Quakers, oi" Jfjg^"acr9(f being a Moravian or Separatist, and entertaining contained in^ 54 1 & 2 Vict. conscieDtious scruples against making the declara- c. 5, may be taken by tion prescribed by 9 Geo. IV. c. 17, who has been or Friends, &c. ^ "^ officl^hi My ^^^^^ t)e placed, elected, or chosen in or to the office ' of recorder, bailiff, town clerk, or common council- man, or any office of magistracy, or place, trust or employment relating to the government of any city, corporation, borough, or cinque port within England and Wales, or the Town of Berwick-upon-Tweed, or who has been or shall be admitted into any office or employment, or has accepted, or shall accept from her Majesty, her heirs or successors, any patent, grant, or commission, may, instead of making and subscribing the declaration prescribed by the said act of 9 Geo. IV., make and subscribe the declaration contained in the act 1 and 2 Vict. c. 5 ; and every such person so making and subscribing such last mentioned declaration shall have the same rights, powers, and authorities which he would have had if he had made and subscribed the declaration con- Proviso, tained in the said act of 9 Geo. IV. ; Provided always, that every declaration to be made by virtue of this act shall be made and subscribed before the same person or persons or court, and within the same time, and shall be preserved in the same manner as by the said act of 9 Geo. IV. is directed, as to the declaration therein mentioned. 55 It may be proper, in reference to this subject of offices, to remark, that neither of the acts modifying the form of decla- ration on accepting office, (1 and 2 Vict. c. 5, and 1 and 2 Vict, c. 15,) was passed at the instance of the Society of Friends ; and it should also be observed that previously to the passing of the act for the repeal of the Test and Corporation Acts (9 Geo. IV, c. ] 7, ante p. 49,) and also again on the occasion of the passing of the two modifying acts (1 and 2 Vict. c. 5, and 1 and 2 Vict. c. 15,) care was taken to represent on behalf of the Society, to members of the government, and to the legislature, not only the objections to the form, but the difficulties which would probably be entertained by Friends to the substance of the declaration, as involving some compro- mise of the religious principles which the Society has uniformly maintained in regard to all ecclesiastical establishments. See also the Caution issued by the Yearly Meeting of the Society of Friends to its members in reference to taking office, Appendix to the Rules of Discipline, title " Civil Govern- ment." TITHES AND OTHER ECCLESIASTICAL DEMANDS. 1W.&M.C.18. By the said act 1 AV. and M. c. 18, Sect. 6, it is Ante p. 1. enacted, that nothing therein contained shall exempt Tithes saved, any pcrson from paying of tithes or other parochial duties, or any other duties to the church or minister ; nor from any prosecution in any Ecclesiastical Court or elsewhere for the same. 7 & 8 w. III. By the said act 7 and 8 Will. III. c. 34, Sect. 4, c. 34. Ante p. 32. Rccitiug that by reason of a pretended scruple of Tithes and couscicnce, Quakcrs do refuse to pay tithes and church rates. church rates ; it is enacted that where any Quaker shall refuse to pay, or compound for his great or Justices to small tithes, or to pay any church rates, it shall and summon Friends. may bc lawful to and for the two next justices of the vid. 53Geo. pcace of the same county (other than such justice post. of the peace as is patron of the church or chapel, whence the said tithes do or shall arise, or any ways interested in the said tithes) upon the com- plaint of any parson, vicar, farmer, or proprietor of tithes, churchwarden or churchwardens, who ought to have, receive or collect the same, by warrant under their hands and seals, to convene before them such Quaker or Quakers neglecting or refusing to 57 pay or compound for the same, and to examine upon oath ; which oath the said justices are hereby empowered to administer, or in such manner as by this act is provided, the truth and justice of the said complaint, and to ascertain and state what is due and payable by such Quaker or Quakers to the party or parties complaining, and by order under their hands and seals to direct and appoint the pay- ment thereof, so as the sum ordered, as aforesaid, do not exceed £10 ;* and upon refusal by such Quaker or Quakers to pay according to such order, it shall and may be lawful to and for any one of the said justices, by warrant under his hand and seal, to levy the money thereby ordered to be paid, by dis- tress and sale of the goods of such offender, his Distress. executors or administrators, rendering only the overplus to him, her, or them, necessary charges of distraining being thereout first deducted and allowed by the said justice ; and any person finding him, her, or themselves aggrieved by any judgment given by such two justices of the peace, shall and may appeal to the next general quarter sessions, to be Appeal, held for the county, riding, city, liberty, or town corporate ; and the justices of the peace there pre- sent, or the major part of them, shall proceed finally * Extended to £50, by 53 Geo. III. c. 127, post. 58 to hear and determine the matter, and to reverse the said judgment, if they shall see cause ; and if the justices then present, or the major part of them, shall find cause to continue the judgment given by the first two justices of the peace, they shall then decree the same by order of sessions, and shall also proceed to give such costs against the appellant, to be levied by distress and sale of the goods and chattels of the said appellant, as to them shall seem just and reasonable : And no proceedings or judg- ment had, or to be had, by virtue of this act, shall be removed or superseded by any writ of certiorari, or other writ out of his Majesty's Courts at West- minster, or any other court whatsoever, unless the title of such tithes shall be in question. Warrantstopt Scct. 5. In case any such appeal be made, as on appeal. aforesaid, no warrant of distress shall be granted until after such appeal shall be determined. This act was to continue in force for 7 years, its duration was extended for a further term by 13 Will. HI. c. 4, and it was made perpetual by 1 Geo. I. c. 6. 1 Geo. I.e. 6. By the said act 1 Geo. I. c. 6, Sect. 2, Reciting Ante p. 36. that by 7 and 8 Will. III. c. 34, a remedy was pro- ofTiC&S' vided for the recovery of tithes and church rates, 59 where any Quaker should refuse to pay the same ;* it is enacted that such remedy shall be and was thereby extended, and the like remedy shall and may be had and used against any Quaker or Quakers, for the recovery of any tithes or rates, or any customary or other rights, dues, or payments, belonging to any church or chapel, which of right by law and custom ought to be paid, for the stipend or maintenance of any minister or curate officiating in any church or chapel ; and any two or more jus- y^^ 53 Geo tices of the peace of the same county or place, other post^ than such justice of the peace as is patron of any such church or chapel, or any ways interested in the said tithes, upon complaint of any parson, vicar, curate, farmer, or proprietor, of such tithes, or any churchwarden or chapelwarden, or other person who ought to have, receive or collect any such tithes, rates, dues, or payments, as aforesaid, are thereby authorised and required to summon in writing, under their hands and seals, by reasonable warning, such Quaker or Quakers, against whom such com- * Lord Mansfield, in a MS. case cited by Burn under the head Tithes, says " That this act 1 Geo. I, c. 6, extends the act 7 and 8 Will. III. c. 34, concerning tithes, to all customary payments due to clergymen, and that these two acts are tq be taken together as one law. They were intended for the benefit of the Quakers, to prevent their being liable to expensive suits, for refusing to pay tithes upon principles of conscience, by giving an apparent compulsory method of levying tithes, and other customary payments in a summary way." 60 plaint shall be made, and after his or their appear- ance, or upon default of appearance, the said warning or summons being proved before them upon oath, to proceed to hear and determine the said complaint, and to make such order therein, as in the said act is limited or directed, and also to order such costs and charges as they shall think reasonable, not exceeding ten shillings ,-5«^ as upon the merits of the cause shall appear just ; which order shall and may be so executed, and on such appeal, may be reversed or affirmed by the general quarter sessions of the county or place, with such costs and remedy for the same, and shall not be removed into any other court, unless the titles of such tithes, dues or payments shall be in question, in like manner as in and by the same act is limited and provided. 27 Geo. II. By 27 Geo. II. c. 20, intituled " An act for the c. 20. more easy and effectual proceeding upon distresses to be made by warrants of justices of the peace," it is provided that nothing therein contained shall extend, or be construed to extend, to alter or repeal * This sum not exceeding ten shillings is, the compiler apprehends, intended as a compensation to the complainant for his trouble in the business, and out of which he is to pay all, expenses by him incurred up to the time of the order for payment made by the justices, and not to be paid to the justice's clerk, which is often the case ; and indeed the order made by the justices directs the same to be paid to the complainant. 61 any of the provisions or directions relating to dis- Exception, tresses to be made for the payment of tithes and church rates by the people called Quakers, con- tained in the acts of 7 and 8 Will. III. c. 34, and 1 Geo. I. c. 6. By 53 Geo. III. c. 127, intituled "An act for 53 Geo. in. c. 127. the better regulation of Ecclesiastical Courts in Limitation of actions England, and for the more easy recovery of church respecting rates and tithes," it is by Sect. 5 enacted, that from and after the passing of this act, no action shall be brought for the recovery of any penalty for the not setting out tithes, nor any suit instituted in any Court of Equity, or in any Ecclesiastical Court, to recover the value of any tithes, unless such action shall be brought, or such suit commenced, within six years from the time when such tithes became due. Sect. 6. After reciting, that by 7 and 8 Will. III. c. 34, where any Quaker shall refuse to pay for or compound for his great or small tithes, or to pay any church rates, two or more of his Majesty's justices of the peace are authorised to hear and determine the same, not exceeding the value of £10 ; and that by 1 Geo. I. c. 6, the said act is extended to other objects; And that it is become expedient 62 Sum enlarged, to enlarge the said sum ; It is enacted that all the provisions of the said acts shall be deemed and taken to extend to any value not exceeding £50 : One justice Provided always, that one justice of the peace shall competent to . , . . , i • i receive the be Competent to receive the onginal complaint, and complaint. to summon the parties to appear before two or more justices of the peace as in the said act is set forth. Obsei'vations. Besides the above-mentioned acts, tliere arc several others which have at various times been passed by the Legislature in aid of the ecclesiastical laws for compelling the payment of tithes and other oflFerings and dues. The principal clauses are as follow : 27 Hen. VIII. By 27 Hen. VIII. c. 20, Every subject of this realm, c. 20. Every person according to the ecclesiastical laws and ordinances of the to pay his tithes. Church of England, and after the laudable usages and customs of the parish or other place where he dwelleth or occupieth, shall pay his tithes, oflFerings, and other duties of holy church ; And for sub- ^.nd for subtractions of the' same, the party grieved, may by tTictiions tiuo party to be proccss of the King's ecclesiastical laws of the Church of before the England convent the person oflFending before his ordinary or judge. other competent judge, and compel the person oflfending to yield his said duties ; and in case the ordinary or other com- petent judge, for any contempt, contumacy, disobedience, 63 or other misdemeanor of the defendant, make information and request to any of the King's most honourable council, or to the justices of the peace of the shire where such oifender dwelleth, to assist him to order or reform such person in any cause before rehearsed, the King's said honourable council, or such two justices, shall have power to cause to be attached the person against whom such information shall be made, and to commit the same person to ward till he shall have found surety to the use of the King, to give due obedience to the process, decrees, and sentences, of the Ecclesiastical Court wherein such suit shall depend. By 32 Hen. VIII. c. 7, Sect. 2. In case any persons of 32 Hen. VIII. c. 7. their ungodly and perverse will, withhold any tithes or offer- Persons with- holding their ings, then the person or persons, having cause to demand the tithes. said tithes or offerings, may convent the persons offending before the ordinary, or other competent judge, according to the ecclesiastical laws. And the ordinary or other competent judge, having the parties before him, shall proceed to the examination, hearing, and determination, of such matter, ordi- narily or summarily. Sect. 4. If any persons, after sentence definitive given Persons after judgment against them, obstinately and wilfully refuse to pay their refusing to pay. tithes or duties, or such sums of money wherein they be con- demned for the same, two justices shall have authority, upon information, certificate, or complaint, made in writing by the ecclesiastical judge that gave the sentence, to cause the party refusing, to be attached and committed to the next gaol, till he shall have found surety to the use of the King to perform the sentence. By 2 and 3 Ed. VI. c. 13, Sect. I. Every of the King's 2 &3Ed. VI. c. 13. subjects shall justly without fraud, set out and pay all manner 64 All persons to of their prjedial tithes,* in kind as they happen, as hath been set out their prsedial tithes of right paid within forty years before this act, or of right or under the penalty of custom ought to have been paid : And no person shall carry trcDlG VflilUG. away any such or like tithes, before he hath justly set forth for the tithe, the tenth part of the same, or otherwise agreed for the tithes with the owner or farmer of the same ; under the pain of treble value of the tithes. Persons car- Sect. 2. If any person carry away his prsedial tithes, rying away their corn, &e. before the tithe be set forth, or willingly withdraw his tithes before setting out tithe. of the same, or of such other things whereof praedial tithes ought to be paid, or do stop the owners or their farmers, to view and carry away their tithes, by reason whereof their tithe is lost or impaired ; upon proof thereof made before the spiritual judge, or any other judge, to whom heretofore he might have made complaint, the party so withdrawing or stop- ping, shall pay the double value of the tithe so taken, lost, or carried away, besides costs. * Tithes with regard to their several kinds or natures may be divided into prsedial, mixt, and personal. Prsedial tithes are such as arise merely and immediately from the ground ; as grain of all sorts, hay, wood, fruit, and herbs : for a piece of land or ground, being called in Latin praedium, (whether it be arable, meadow or pasture,) the fruit or produce thereof is called prsedial, and consequently the tithe payable for such annual produce is called a pra>dial tithe. Mixt tithes are those which arise not immediately from the ground, but from things imme- diately nourished by the ground as by means of goods depastured thereupon, or otherwise nourished with the fruits thereof ; as colts, calves, lambs, chickens, milk, cheese, and eggs. Personal tithes are such profits as arise by the labour and industry of man, employing him- self in some personal work, artifice or negociation ; being the tenth part of the clear gain, after charges deducted. Tithes with regard to value, are divided into great and small. Great tithes are chiefly corn, hay, and wood. Small tithes are the prsedial tithes of other kinds, together with those which are called mixt and personal. Offerings, oblations, and obventions are the customary payments for communi- cants at Easter, for mai'riages, christenings, churching of women, burials, and such like. 65 Sect. 13. If any person subtract any manner of tithes (not Persons sub- tracting tithes prscdial) obventions, profits, or other duties, he shall be sued (not prtcdial.) in the King's Ecclesiastical Court ; and it shall not be lawful to the owner or farmer to sue such withholder of tithes, or other duties aforesaid, before any other judge than ecclesias- tical. And if any judge give any sentence in the aforesaid causes (and no appeal or prohibition hanging) and the party condemned do not obey the sentence, it shall be lawful to such judge, to excommunicate the party disobeying ; in which sen- tence of excommunication, if the party wilfully endure forty days, upon publication thereof in the parish church where the party is most abiding, the judge may at his pleasure signify to the King in Chancery the condition of the said party, and thereupon require process de excommunicato capiendo. But by the said act 53 Geo. III. c. 127, It is enacted that Ante p. 61. excommunication with all proceedings following thereupon Excommuni- cation discon- shall in all cases be discontinued, except as spiritual censures tinued. for offences of ecclesiastical cognizance ; and that no person who shall be declared excommunicate shall incur any civil penalty or incapacity whatever, except imprisonment not exceeding six months, as the court shall direct. And that in all causes cognizable by the Ecclesiastical Courts, when any person shall neglect or refuse to appear or to pay obedience to the orders or decrees of the court, or shall commit a con- tempt in the face of the court, no sentence of excommuni- cation shall be pronounced ; but instead thereof it shall be lawful for the judge to pronounce such person contumacious, and to signify the same to the King in Chancery, and there- upon a writ de contumace capiendo shall issue, which shall have the same force and effect as the writ de excommunicato capiendo. 66 There was also an act 7 and 8 Will. III. c. 6, and wliicli was made perpetual by 3 and 4 Anne, c. 18, for the more easy recovery of small tithes from any persons whomsoever, the amount whereof was not above the yearly value of forty shillings {extended by 5S Geo. III. c. 127, to not exceeding £^ 0 :) but it is deemed unnecessary here to set out the same, inasmuch as all proceedings against Friends for tithes or other ecclesiastical demands due from them should be under and by virtue of the acts hereinbefore detailed. It may not be improper to observe, that the Ecclesiastical Courts cannot take cognizance of any dispute whether tithes be due and accustomed, for if the defendant pleads any custom, modus, composition, or other matter, whereby the right of tithing is called in question, this takes it out of the juris- diction of the ecclesiastical judges : for the law will not suffer the existence of such a right to be decided by the sentence of any single, much less an ecclesiastical, judge, without the verdict of a jury. But where the right does not come into question, but only the fact, it is considered a transient per- sonal injury, for which the remedy may be had in the Spiritual Court; viz. the recovery of the tithes or their equivalent. By Sect. 2 of the 2 and 3 Ed. VI., power is given to sue for double the value of the tithes before the ecclesiastical judge, which is equivalent to treble the value to be sued for in the Temporal Courts as given by Sect. 1 of the same statute. For a person may sue for and recover in the Eccle- siastical Courts the tithes themselves, or a recompense for them, by the ancient law ; to which the suit for the double value is superadded by the statute. But as no suit lay in the courts of common law for the subtraction of tithes themselves, 67 the statute gave a treble forfeiture if sued for there ; in order to make the course of justice uniform. By the original Poor Law Amendment Act 4 and o4and5W. IV. Will. IV. c. 76, Friends were virtually incapacitated for voting Guardians of in the election of Guardians by the provision Sect. 40, which requires the payment of the parochial rates and assessments ffenerallv ; but this is now remedied by 7 and 8 Vict. c. 101, 7 and 8 Vict. ^ -^ . . . . 'c.l01,s.l6. sect. 16, which confines this requisite to rates made for the relief of the poor. By 7 & 8 Geo. IV. c. 17, intituled "An act to7&8Geo.iv. ^ <=■ 17. extend the provisions of an act made in the 57th 57 Geo. iii. c. 93. year of King George the Third, for regulating the costs of certain distresses," after reciting that by the said act intituled An act to regulate the costs of dis- tresses levied for pai/ment of small rents, certain regulations are made with respect to the costs and charges of levying and disposing of such distresses where the sum demanded and due shall not exceed £20, it is enacted that from and after the passing of Provisions of recited act this Act all the rules, regulations, clauses, provisions, extended to QlStrGSSGS lOl* penalties, matters and things, in the said act con- JfthS' &c.^not tained, shall extend and be construed to extend and shall be applied and put in execution so far as the F 2 68 same are applicable and capable of being put in execution with respect to any distress or levy which shall be made for any land-tax, assessed taxes, poor's rates, church rates, tithes, highway rates, sewer rates, or any other rates, taxes, impositions or assess- ments whatever, in all cases where the sum de- manded and due for or in respect of such taxes, rates, tithes, assessments or impositions shall not exceed the sum of twenty pounds, and in all cases where the whole of the several sums sought to be levied by distresses taken for different purposes at the same time shall not exceed the sum of twenty pounds ; and that such costs and charges and no other shall be taken and payable as the costs and charges of the levy and disposition of such distresses ; and that all such proceedings shall and may be had and taken against any and every person transgress- ing the regulations of the said act in the levying or distraining for any such taxes, rates, impositions or assessments, and all such persons shall be liable to and shall incur such and the like penalties as by the said act are directed, required and imposed with respect to persons making any distress for rent con- trary to the directions of the said act, and that in any order or judgment of any justices before whom any complaint shall be preferred in consequence of this act, such order shall be expressed to be made upon 69 a Complaint for the breach of the said recited act as amended by this act ; and that the said recited act and this act shall be taken and construed together as one act to all intents and purposes whatsoever.^ By 5 and 6 Will. IV. c. 74, intituled " An act 5 & 6 Wiii. •^ IV. c. 74. for the more easy recovery of tithes," after recit- ing the acts of 7 and 8 Will. III. c. 6 ; 53 Geo. 7 & 8 Wiii. ° III c. 6; 53 III. c. 127 ; 7 and 8 Will. III. c. 34 ; and 1 Geo. I. f2?;"&8' c. 6, and corresponding acts with reference to Ireland, 34^; i Geo.\ c. 6. ' it is by Sect. 1 enacted, that no suit or other pro- proceedings . . -, . „ TT- for recovery ceedmg shall be had or instituted in any of His of tithes of or under the Maiesty's courts, either in England or Ireland, now ^^^V? of £50, J J ' o ' withheld by having cognisance of such matter, for or in respect jbrhefrd^oniy f. n • 1 T • • under 7 & 8 01 any great or small tithes, moduses, compositions, Wiii. iii. c. 34, and 53 rates or other ecclesiastical dues or demands whatso- Geo. iii. c. 127. ever, of or under the value of fifty pounds, withheld by any Quaker, either in England or Ireland, but that all complaints touching the same, if in England, shall be heard and determined only under the * The costs in 57 Geo. Ill, c. 93, referred to in this act are : — £ s. d. Levying distress 0 3 0 Man in possession, per day 0 2 6 Appraisement, whether by one broker or more, sixpence in the £ on the value of the goods Stamp, the lawful amount thereof All expenses of advertisements, if any such . . . 0 10 0 Catalogues, sale and commission, and delivery of goods, one shilling in the pound on the net produce of the sale 70 powers and provisions contained in the said recited acts of 7 and 8 Will. III. c. U, and 53 Geo. HI. in the same manner as if the same were herein set forth Proviso. and re-enacted : Provided always that nothing herein- before contained shall extend to any case in which the actual title to any tithe, oblation, composition, modus, due or demand, or the rate of such composi- tion or modus, or the actual liability or exemption of the property to or from any such tithe, oblation, composition, modus, due, or demand, shall be bond Jide in question, nor to any case in which any suit or other proceeding shall have been actually insti- tuted before the passing of this Act. Manner of Scct. 2 cnacts, that in case any suit or other pro- recovering tithes^due^^^ ceeding has been prosecuted or commenced, or shall hereafter be prosecuted or commenced, in any of his Majesty's Courts in England or Ireland, for recover- ing any great or small tithes, modus or composition, for tithes, rate or other ecclesiastical demand, sub- tracted, unpaid, or withheld by or due from any No execution Quaker, no execution or decree or order shall issue is to issue against the or be made against the person or persons of the nerson. defendant or defendants, but the plaintiff or plaintiffs shall and may have his execution or decree against the goods or other property of the defendant or defendants, and in case any person now is detained person. 71 in custody in England or Ireland^ under any execu- tion or decree in such suit or proceeding, the sheriff or other oflB.cer having such person in his custody shall forthwith discharge him therefrom ; and the plaintiff or plaintiffs in such suit or proceeding shall and may, notwithstanding such discharge, issue any other execution or take any other pro- ceeding for recovering his demand and his costs out of the property, real or personal, of the person so discharged. By 4 and 5 Vict. c. 36, intituled " An act to amend 4 and 5 Vict. c. 36. an act of the fifth and sixth years of Kinej William 5 and 6 Will. '' ^ IV. C.74. the Fourth, for the more easy recovery of tithes, and to take away the jurisdiction from the Ecclesiastical Courts in all matters relating to tithes of a certain amount," it is enacted, that from and after the pass- Provisions of recited Act as ing of this act all the enactments and provisions of to proceedings for recovery the said recited act, respecting suits or other pro- J^^tj^gfaid ceedings in any of Her Majesty's courts in England astkai^due^s,' extended to all in respect of tithes, oblations, and compositions, of or ecclesiastical courts in Eng- under the yearly value of ten pounds, and of any ^™^- great or small tithes, moduses, compositions, rates, or other ecclesiastical dues or demands whatsoever, of or under the value of fi.fty pounds, withheld by any Quaker, shall extend and be applied to all Eccle- siastical Courts in England. TITHE RENT CHARGES. 6 and 7 Will. By 6 and 7 Will. IV. c. 71, intituled "An act for IV. c. 71. the commutation of tithes in England and Wales," Expenses of it is by Sect. 75 enacted, that all expenses of or apportion- ment to be incident to making any apportionment, (except the borne rateably o ^ x i \ a owiers^^"'^ salary or allowance to any commissioner or assistant commissioner, and except any expense which the commissioners or assistant commissioner may be authorised and may have ordered to be otherwise paid,) shall be borne and paid by the owners of lands included in the apportionment, in rateable proportion to the sum charged on the said lands in lieu of tithes l)y such apportionment. Eecovery of Scct. 76 euacts. that if any difference shall arise expenses, touching the said expenses, or the share thereof to be paid by any person, it shall be lawful for the commissioners or some assistant commissioner, to certify under their or his hand the amount to be paid by such person ; and in case any person shall neglect or refuse to pay his share so certified to be An additional payable by him, and upon the production of such and more summary re- certificate bcforc any two justices of the peace for medy IS given jo r vict'c^ap.62, ^^^ county or other jurisdiction, wherein the lands sec. 18. • 1 • 1 1 mentioned m the agreement or award or apportion- 73 ment are situate, such justices, upon the nonpayment thereof, are thereby required by warrant under their hands and seals, to cause the same and the costs of the distress to be levied by distress and sale of the goods of the person liable to pay the same, and to render the surplus (if any) after deducting the charges of the distress and sale to the person distrained upon. Sect. 81 enacts, that in case the said rent charge shall Recovery of arrears of rent at any time be in arrear and unpaid for the space of^^^^^^'se- twenty-one days next after any half-yearly day of payment, it shall be lawful for the person entitled to the same, after having given or left ten days' notice in writing at the usual or last known residence of the tenant in possession, to distrain upon the lands liable to the payment thereof, or on any part thereof, for all arrears of the said rent charge, and to dispose of the distress when taken, and otherwise to act and demean himself in relation thereto as any land- lord may for arrears of rent reserved on a common lease for years : provided that not more than two Proviso, years arrears shall at any time be recoverable by distress. Sect. 82 enacts, that in case the said rent charge Recovery of arrears of rent shall be in arrear and unpaid for the space of forty charge when 74 no sufficient davs next after any half-yearly day of payment, and distress. there shall be no sufficient distress on the premises liable to the payment thereof, it shall be lawful for any judge of His Majesty's Courts of Record at Westminster, upon affidavit of the facts, to order a writ to be issued, directed to the sheriff of the county in which the lands chargeable with the rent charge are situated, requiring the said sheriff to summon a jury to assess the arrears of rent charge remaining unpaid, and to return the inquisition thereupon taken to some one of His Majesty's Courts of Law at Westminster, on a day therein to be named either in term time or vacation, a copy of which writ, and notice of the time and place of executing the same, shall be given to the owner of the land, or left at his last known place of abode, or with his known agent, ten days previous to the execution thereof; and the sheriff is hereby required to execute such writ according to the exigency thereof; and the costs of such inquisition shall be taxed by the proper officer of the court, and thereupon the owner of the rent charge may sue out a writ of habere facias posses- sionem, directed to the sheriff commanding him to cause the owner of the rent charge to have posses- sion of the lands chargeable therewith until the arrears of rent charge, found to be due, and the said costs, and also the costs of such writ and of exe- 75 cuting the same, and of cultivating and keeping pos- session of the lands, shall be fully satisfied : Pro- Proviso, vided always, that not more than two years arrears over and above the time of such possession shall be at any time recoverable. Sect. 83 enacts, that it shall be lawful for the Account, how to be ren- court out of which such writ shall have issued, or any ^^^^ ' judge at chambers, to order the owner of the rent- charge who shall be in possession by virtue of such writ, from time to time to render an account of the rents and produce of the lands, and of receipts and payments in respect of the same, and to pay over the siu'plus (if any) to the person for the time being entitled thereunto, after satisfaction of such arrears of rent charge, and all costs and expenses as afore- said, and thereupon to order a writ of supersedeas to issue to the said writ of habere facias possessionem, and also by rule or order of such court or judge from time to time to give such summary relief to the parties as to the said court or judge shall seem fit. Sect. 84 enacts, that in all cases in which it Recovery of rent charges shall be necessary to make any distress under this ^'^^^ Friends. act in respect of any lands in the possession of any person of the persuasion of the people called Quakers, the same may be made upon the goods, chattels, or 76 effects of such person, whether on the premises or elsewhere, but nevertheless to the same amount only and with the same consequences in all respects as if made on the premises ; and that in all cases of dis- tress under this act upon persons of that persuasion, the goods, chattels, or effects which may be dis- trained shall be sold without its being necessary to Proviso. impound or keep the same : Provided always, that no writ under the provision hereinbefore contained shall be issued for assessing or recovering any rent charge payable under this act, in respect of any lands in the possession of any person of the persua- sion aforesaid, unless the same shall be in arrear and unpaid for the space of forty days next after any half yearly day of payment, without the person en- titled thereto being able to find goods, chattels, or effects either on the premises or elsewhere liable to be distrained as aforesaid, sufficient to satisfy the arrears to which such lands are liable together with the reasonable costs of such distress. 7 Will. IV. By 7 Will. IV. and 1 Vict. c. 69, intituled "An and 1 Vict. "^ «• 69- act to amend an act for the commutation of tithes Rates on rent in England and AVales," it is by Sect. 8 enacted, charges may be recovered that all rates and charges to which any rent-charge from any '^ J Q randro'iit''of payable in lieu of tithes shall be liable may be rent-charge assesscd upon the Owner of the rent-charge, and 77 the whole or any part thereof may be recovered '^^"^^•''^^'^^^^^ J L J collector s « (. , 1 • c j.\ 1 1 receipt to be irom any one or more ot the occupiers ot the lands received in , . satisfaction out of which such rent-charge shall issue, m case the for so much of the i"ent same shall not be sooner paid by the owner of the charge. rent-charge, upon whom the same shall be assessed, in like manner as any poor rate assessed on such occupier or occupiers in respect of such lands may be recovered, upon giving to such occupier twenty- one days notice in writing, previous to any one of the half-yearly days of payment of the rent-charge, and the collector's receipt for the payment of such rates and charges, or of any part thereof, shall be received in satisfaction of so much of the rent charge by the owner thereof, but no occupier shall be liable to pay at any one time, in respect of such rates and charges any greater sum than the rent charge, pay- able in respect of the lands occupied by him in the same parish shall amount to for the current half- year in which such notice shall have been given. By 2 and 3 Vict. c. 62, intituled "An act to2&3Vict. •' c. 62. explain and amend the acts for the commutation of tithes in England and Wales," after reciting 6 and 7 IV. Vict. Will. IV, c. 71; 1 Vict, c. 69, and 1 and 2 Vict. 6&7W, c. 64, it is by Sect. 18 enacted, that payment of the Yict.'c.^64.^ expenses of or incident to making any apportion- Expenses of ment or any other expenses which the said commis- ™^"^ i^Yin^ 78 the same way sionei's are authorized, and may have ordered or may as rent charge. "^ "^ order to be paid by any owner of lands under and by virtue of the recited acts, or any of them or this act, may be enforced by the same ways and means as payment of rent charge in arrear may be enforced under the provisions of the said acts, or either of them. Observations. A perusal of the extracts from Acts of Parlianieiit which are given under this and the preceding head, will show that the Legislature many years ago intended to provide, and to a considerable extent eflFected it, a summary and cheap remedy for the recovery of Ecclesiastical demands from Friends where the amount did not exceed .£'10, (subsequently extended to £50,) and more recently they have extended further relief to Friends by wholly excluding the jurisdiction of the Courts of Law and Equity, and the Ecclesiastical Courts, in all cases where the amount claimed is under £50, unless the actual title to any such claim, or the actual liability or exemption of the pro- perty to or from any such claim, shall be bond fide in question, and by the abolition of all imprisonment in the case of Friends on account of Ecclesiastical demands. Friends are also relieved in common with others by the provision for limiting the costs of distraint on distresses for sums under £20. With respect to the limitation contained in the act 1 Geo. L c. 6, of the costs to ten-shillings, it is not an unfrequent practice for the clerk to the justices to take that sum for the warrant. 79 but which it must be clear is erroneous. Tlie justices at the time of adjudication, which is before they know that any War- rant will issue, are to order such costs as they shall think reasonable, not exceeding ten shillings, which costs must, as a matter of course, be the fees incurred for the summons and serving and the adjudication, and a compensation, if they think fit, to the claimant for his trouble. In reference to the legality of including several defaulters in the payment of Ecclesiastical demands in one Warrant of Distress, a case was prepared in the year 1831, as follows: " By several statutes, and particularly by the 7th and 8th Will. III. c. 34, and 53 Geo. III. c. 127, the Legislature has made various provisions for the relief of the conscientious scruples of the Quakers, against the payment of Tithes, Church rates, and other Ecclesiastical demands ; and in order to lessen the expense of enforcing these claims, has provided a summary process before two justices of the peace. " It has happened, in several instances, of late years, that magistrates, especially in districts where Quakers are numer- ous, have, with a view to keep the charges within reasonable limits, included several defaulters in one Warrant of Distress. " In other cases, the justices, though equally desirous of treating the sufferers with lenity, have declined to adopt this course, till they were satisfied, by a legal opinion of weight and authority, that the practice in question was not contrary to law. " In support of the legality of the above course, it has been considered, that where several defaulters are named in the same Warrant, and the constable is directed to levy the demand claimed from each, by distress and sale of his goods 80 and chattels respectively, such a Warrant amounts in effect to several distinct Warrants on one and the same piece of paper ; and it has been apprehended that the constable might plead it as such, in any proceedings instituted against him by any one of the defaulters ; and on the other hand, that any of the defaulters might take exceptions against that part of the Warrant which affected himself, if irregular, in precisely the same manner as if it were a distinct Warrant. "It may further be proper to observe, that in several local acts for compounding tithes, &c., a course similar to the above is expressly pointed out by the Legislature, and a form of Warrant given. Amongst others, see 6 Geo. IV. c. clxxvi. s. 19 ; 7 Geo. IV. c. cxvi, s. 22 ; 10 Geo. IV. c. xiv. s. 22, (local and personal.) It is therefore conceived that the Legislature must have considered such a proceeding as not open to any difficulties or objections, on the part of either the constable or the defaulter, or it would not have directed its adoption, at any rate without making some provision to meet such difficulties or objections.'' The case was laid before Sir Thomas (now Lord) Denman, the then Attorney General, for his opinion whether, if several defaulters are included in one Warrant of Distress, under 7th and 8th Will. III. c. 34, or 53 Geo. III. c. 127, the demands against them being of a similar nature, such Warrant would be valid, so as to prevent the magistrates who granted, and the officers who executed it, from incurring any legal liability beyond what they would incur by granting separate Warrants. His opinion was : — " I think such Warrants are undoubtedly legal."' The same case was laid before Sir James Scarlett (afterwards Lord Abinger,) who said : — "It appears to me, 81 that there would be no risk, nor any objection result from comprising several defaulters in one Warrant, taking care that the case of each is sufficiently distinguished from the other ; such an instrument is in effect a separate Warrant against each defaulter." It will be observed that in the recovery of the rent charge in lieu of tithes, the remedy is extremely simple, not requiring the intervention of magistrates or constables, only such a pro- cedure as every landlord is enabled to take for the recovery of rent from his tenant. THE MILITIA AND MILITARY SERVICE. Regular Militia. 42 Geo. III. By 42 Geo. III. c. 90, intituled " An act for amend- c. 90. housekeepers i°g ^he laws relating to the Militia in England, and lists™ " for augmenting the Militia,"* It is enacted. Sect. 26, that the several constables, tithing-men, head- boroughs, and other officers and persons required to return lists, (that is, lists of the names of all the men usually and at the time of making such lists, dwelling within their respective parishes, Sgc. between the ages of 18 and 45 years, to he returned to the deputy lieutenants,) shall, within fourteen days after any such returns shall be required, give or leave notice in writing to or for every occupier of every dwelling- house where any person shall reside, within the limits of the places for which they act, as such con- stables or other officers as aforesaid in the execution of this act, or any of the provisions thereof, at his or her dwelling-house, or where such dwelling- house shall be divided into different stories or apart- * The militia in Scotland is raised under 42 Geo. III. c. 91 ; Sect. 22 of which is similar to Sect. 27 of the .English act ; Sect. 28, relat- ing to the appointment of deputies to Friends who are constables, is nearly similar to Sect 33 of the English act ; and Sections 45 and 46, relating to Friends who are ballotted, and defining who shall be deemed Friends, are nearly the same as Sects. 50 and 51 of the English act. 83 ments, and occupied distinctly by several persons, then, to or for the occupier of each distinct story or apartment, to prepare or produce within fourteen days, next ensuing the day of giving such notice, a list in writing, to the best of his or her belief, of the christian and surname of each and every man resi- dent in such dwelling-house, or distinct story or apartment, between the ages of 18 and 45, distin- guishing every person in such dwelling-house, or distinct story or apartment, of such age as aforesaid, claiming to be exempt from serving in the militia, together with the ground of every such claim of exemption ; and every such notice shall mention the day, time, and place, appointed for hearing appeals within such sub-division, by persons claiming to be exempt from serving in the militia ; and every such occupier shall, after such notice so given or left, make out such list, and sign the same with his or her own name, and shall deliver the same, or cause the same to be delivered, to such constable, or other officer or person as aforesaid : and if any occupier shall neglect or refuse to make out, sign, and deliver Penalty for not delivering such list as aforesaid, within the time before limited, lists, or making false or shall omit any person who ought to have been in- ^^*"''"^- eluded therein, in pursuance of this act, or knowingly make any false return of any particular required therein, every such occupier shall, for every such G 2 84 offence, forfeit and pay a sum not exceeding the sum of five pounds. Friends to produce cer- tificates of their being such. Sect. 27. In every case where any notice shall be served upon any occupier being one of the people called Quakers, such occupier shall, within seven days after the service of such notice, produce to the constable or other officer, a certificate under the hands of two or more reputable housekeepers being of the people called Quakers, acknowledging such person to be one of their persuasion ;* and that in all such cases, such constables or other officers are hereby required to make returns of the persons liable to serve in the militia, resident in the houses, stories, or apartments of such occupiers so certified to be of the people called Quakers, in the same manner as is directed by this act in cases where returns are not made to such notices as aforesaid.f * The certificate required to be produced by Friends under as well the regular as the local militia acts, and also under the annual training act, may be very properly in the following form ; it must be signed by persons resident within the same county or place as the Friend for whom the certificate is given, and must be dated within three months immediately preceding the day on which it is produced. We, the undersigned, being housekeepers and members of the Society of Friends, commonly called Quakers, resident within the parish, city, or county (as the case may be J of do hereby certify and acknowledge A. B. resident within the aforesaid parish, city, or county (as the case may he) to be one of our persuasion. C. D. Dated the day of the month, 184 . E. F. t In 46 Geo. III. c. 91, intituled " An act for the return of correct lists of persons liable to serve in the militia, under an act passed in the 85 Sect. 29. If any person whose name shall be in- Persons ■"• aggrieved serted in any list, in pursuance of this act, shall ™^y appeal. think himself aggrieved thereby, or by the omission of any other name or names, or shall claim to be exempted from serving in the militia, it shall be lawful for such person, and he is hereby required to appeal to tlie sub-division meeting appointed to be held for hearing such appeals ; and any two or more of the said deputy-lieutenants are hereby empowered and required to hear and determine all such appeals, and if the same cannot be heard on the day first appointed, to adjourn to any other day or days ; and the determination of any two deputy-lieutenants, if only two are then and there assembled, or of the major part of them, if more than two are assembled, shall be final to all intents and purposes; and no appeal shall be afterwards heard or allowed, or any forty second year of his present Majesty, and to suspend the ballot for the militia in England for two years," and in 47 Geo. III. c. 71, inti- tuled " An act for the speedily completing the militia of Great Britain and increasing the same under certain limitations and restrictions," there is a general reference to the 42 Geo. III. c. 90, extending all powers, provisions, and regulations contained therein (as far as the same are applicable) to those acts respectively, and consequently ex- tending to it, amongst other provisions, that (Sect. 27) which exempts the people called Quakers from the general requisition to occupiers of houses, &c. to make returns of such men, between the ages of IS and 45, as are resident in their respective dwelling houses ; also that (Sect. 33) which is in favour of those of the said people who may be con- stables, head-boroughs, tithing-men, or overseers of the poor : proper certificates of the religious persuasion of the parties being in both cases produced. 86 exemption whatever claimed or admitted, by or on behalf of any person or persons whatever. 43 Geo. III. But by 43 Geo. III. c. 50, intituled "An act c. 50. Penalty on for more spccdilv completing; the militia of Great neglecting to t. ^ a. n appeal. Britain, raised under two acts, passed in the 4:2nd year of the reign of his present Majesty, and for amending the said acts," Sect. 13 enacts, that on the making out or amending of any lists of persons fit to serve in the militia, every person who shall wil- fully neglect to appeal^ within the time appointed for that purpose, shall forfeit for every such offence any sum not exceeding twenty shillings, nor less than five, at the discretion of any two or more deputy-lieutenants, or justices of the peace, or magis- trates; and, on nonpayment thereof, be imprisoned at the discretion of any two or more deputy-lieu- tenants, or justices of the peace, or magistrates as aforesaid, for any time not exceeding one week. 42 Geo. III. ^y ^^6 aforesaid act, 42 Geo. III. c. 90, Sect. 33, c 90. Justices may If any chief or other constable, head-borough, tithing- appoint deputiesto ^lan, or overseer, shall be of the people called Inends being ^ ^ constables. Qujij^ers, (and certified to be so by two persons of mlte!^' ^' *^i6 people called Quakers,) and shall neglect or * This is applicable to every person who has some legal objection to the return of his name. 87 refuse to perform the duties required by this act, it shall be lawful for any two justices of the peace acting for the division within which such Quaker shall be such officer as aforesaid, and they are hereby required, in all cases where the circumstances of the case shall, in their judgment, render it expe- dient and necessary for the due execution of the provisions of this act, by their order, under their hands and seals, to appoint a fit and proper person to be deputy to such Quaker, for the purpose only of carrying this act into execution ; and every person so appointed deputy as aforesaid, shall have and exercise all the powers, authorities, and jurisdic- tions given by this act to such officer for whom he shall so act, and shall do and perform all the like duties and offices, under the like pains, penalties, and forfeitures, as are hereby imposed for neglect of duty of any such officer as aforesaid, in like manner in every respect as the person for whom he shall so act; and where an appointment of any deputy shall be so made, the principal chief constable, headborough, tithing-man, or overseer, (being one of the people called Quakers,) shall be, and he is hereby discharged from the performance of any duty required of him by this act, and from all penalties incurred for neglect thereof after the time of such appointment. 88 Parishes may Sect. 42. If the church wardens or overseers of offer volun- briiotiL'^^'^''* the poor of any parish, tithing, or place, shall with the consent of the inhabitants taken at a vestry, or at any other meeting to be holden for that purpose, for the calling of which vestry or meeting, three days public notice shall be given, specifying the cause of calling such vestry or meeting, provide and produce to the said deputy-lieutenants, or any two or more of them, at any sub-division meeting for choosing the militia men by ballot, any volunteer or volunteers who shall be examined and approved as is thereinafter mentioned, such volunteer or volunteers so examined and approved shall be then and there sworn in and enrolled to serve for such term, and on the same conditions, as is provided in the case of substitutes produced by persons chosen by Ijallot ; and the said deputy-lieutenants shall cause only such number of persons to be chosen by ballot out of the list returned for such parish, tithing, or place, as shall be then wanted to make up the whole number to serve for such parish, tithing, or place ; And if any Overseers, ^c. such churchwardens or overseers shall give to such may make rate for pay- volunteer or voluntecrs any sum or sums of money ment of vohlnteers'* °^* exceeding six pounds each, to serve in the militia for such parish, tithing, or place, it shall be lawful for such churchwardens or overseers to make a rate upon the inhabitants of such parish, tithiug, or 89 place, according to the rate then made for the relief of the poor, which rate (being approved by any justice of the peace) it shall be lawful for such churchwardens or overseers to collect, and to reim- burse themselves such sum or sums of money as they shall have paid to such volunteer or volunteers as aforesaid, and the overplus (if any) shall be applied as part of the poor's rate ; And if any person shall refuse to pay such rate, it shall be lawful for any justice of the peace upon complaint thereof vid. Sect. 51, post. made by any such churchwarden or overseer, by war- rant under his hand and seal, to levy the same by distress and sale of the offender's goods and chattels, returning the overplus (if any) after the said rate, and the charges of such distress and sale shall be paid : But no person chosen by ballot, who shall have served in the militia, either by himself or by substitute, according to the directions of this act, or any other act or acts, or w^ho shall be then serving himself or by substitute, shall be liable to pay any such rate ; Provided always, that if any person shall Appeal. think himself aggrieved by any such rate, as afore- said, such person may appeal to the next general or quarter sessions, in like manner as is provided in the case of appeals against rates for the relief of the poor.* * It appears that the rate mentioned in the present clause is to be a special one : This is clear as well from the words " A Rate — accorduuj 90 Certain persons ex- empt from service. Sect. 43. Amongst others mentioned in this clause, no constable or other peace officer, nor any articled clerk, apprentice, seaman, seafaring man, nor any poor man who has more than one child born in wedlock, shall be liable to serve personally, or provide a substitute to serve in the militia ; and no person having served personally, or by substitute, according to the directions of any former act or acts relating to the militia, or under this act, shall be obliged to serve again, until by rotation it shall come to his turn. Friends being Scct. 50. If any pcrson, being one of the people ballotted. called Quakers, shall be chosen by ballot to serve m the militia, and shall refuse or neglect to appear, and to take the oath, and serve in the militia, or to provide a substitute of the same county, riding, or place, or of some adjoining parish or place, to be examined and approved as thereinafter directed, who shall take the said oath, and subscribe his consent to serve as the substitute of such Quaker, then and in every such case, any two or more deputy-lieu- tenants shall, if they shall think proper, upon as to the rate then made for the relief of the poor" as from the consideration that " no person chosen by ballot, who shall have served in the militia, either by him- self, or by snhstUvte," ^c. will be liable to pay any such rate. By Sect. 122, another rate is in a certain case directed to be made, and it is evident from the words of the act, tliat there also a special rate is required. 91 reasonable terms as may be, provide and hire a fit person of the same county, riding, or place, or of some adjoining parish or place, to serve as a sub- stitute for such Quaker ; and such substitute shall, after being duly examined and approved, take the said oath, and subscribe his consent to serve in the militia, for the same term and on the same condi- tions as is thereinbefore directed in the case of sub- stitutes produced by persons chosen by ballot ; and any two or more deputy-lieutenants may and are hereby authorised, by warrant under their hands and seals, to levy by distress and sale of the goods and chattels of such Quaker, such sum of money as shall be necessary to defray the expense of providing and hiring such substitute, rendering to such Quaker the overplus (if any,) after deducting the charges of such distress and sale ; and if no goods or chattels belonging to such Quaker be found sufficient to levy such distress, and it shall nevertheless appear satis- factorily to such deputy-lieutenants that such Quaker is of sufficient ability to pay the sum of ten pounds^* then it shall be lawful for such deputy-lieutenants to commit such Quaker to the common gaol, there to remain, without bail or mainprize, for the space of * From this provision it would appear that if a Friend is not of suffi- cient ability to pay the sum of £10, he is not liable to either fine or imprisonment. 92 three months, or until he shall have paid such sum of money as such deputy-lieutenants shall have agreed to pay to such substitute as aforesaid : And in case any measures shall be used in making dis- tress as aforesaid, which may be by any such Quaker thought oppressive, it shall be lawful for such Quaker to complain to the deputy-lieutenants at their next meeting, who are hereby empowered and required to hear and finally determine the same. vid. p. 88. Sect. 51. Where any rate shall have been made for the providing of volunteers according to the directions of this act, and the churchwardens and overseers shall make complaint to a justice of the Friends refus- peace that any Quaker or Quakers had refused to ing to pay rate. pay the sum or sums of money he or they shall be rated at, such justice shall order such costs and charges to be paid for levying such distress, as he shall think reasonable, not exceeding ten shillings on each of the said Quakers, where there are no more than two, and where there are a greater num- ber than two, not exceeding five shillings on each of Who shall be the Said Quakers : Provided always, that no man deemed Friends. shall be deemed, taken, and accepted to be a Quaker within the meaning of this act, unless he shall pro- duce, before the deputy -lieutenants, at some of their sub-division meetings, a certificate under the hands 93 of two or more reputable housekeepers, being of the vid. p. 84. note. people called Quakers, resident within the said county, riding, or place, and dated within the three months immediately preceding the day on which it shall be produced as aforesaid, acknowledging such man to be one of their persuasion. The form of a certificate applicable to the latter part of this clause^ may he seen in p. 84, note. By the said act, 43 Geo. III. c. 50, Sect. 12, It43Geo. iii. c. 50. is enacted, that where any deputy-lieutenant shall Overseers to ^ pay money for provide any substitute for any Quaker, under the substitutes. provisions of the said recited acts, the sum of money which such deputy-lieutenants shall have agreed to give to such substitute, shall be paid to such sub- stitute upon the certificate of such deputy-lieutenant, by the overseer of the poor of the parish, tithing, or place, for which such substitute shall be provided, out of the poor rates for such parish, tithing, or place; and such sum of money shall be levied in manner directed by the said act, and repaid to the Vid.p.9i. overseers who shall have advanced the same. By the aforesaid act 42 Geo. III. c. 90, Sect. 42 Geo. iii. c. 90. 53, It is further enacted, that whenever it shall Vacancy by person 94 baiiottcd appear to any two or more deputy-lieutenants being infirm, or short of assembled at any sub-division meeting, that any person chosen by ballot to serve in the militia, is not of the full height of five feet four inches, or is not approved, upon examination by a surgeon, according to the directions of this act, and is not seised or possessed of an estate in land, goods, or money, of the clear value of one hundred pounds, and who shall make oath that he is not seised or possessed of such estate, such deputy-lieutenants shall, and are hereby empowered and required to discharge such person, and immediately to amend the list for the place for which such person shall have been ballotted, and to cause another person to be chosen in his stead by ballot, according to the directions of this act. Providing ^^ct. 95. When the militia shall be called out to carriages. . , , . . . , . , be trained and exercised, any justice being there- unto required, as in the act is mentioned, shall issue his warrant to the constables, &c. requiring them to provide such carriages, &c. as shall be mentioned in the said warrant : and the constables, &c. shall order such persons having carriages as they shall think proper, to provide and furnish the same according to the said warrant ; and every person so ordered, is 95 required to provide and furnish the same for one day's journey and no more. Sect. 122. In case any person not possessed of Certain per- sons intitled any estate in land, goods, or money, of the clear value to a sum of of £500, and who shall make oath that he is not possessed of such estate, shall be chosen by ballot to serve in the militia for any parish, tithing, or place where the said militia is drawn or ordered out for actual service, and such person shall be approved, sworn, and enrolled as aforesaid, or shall provide a fit person to serve as his substitute, who shall be approved, sworn, and enrolled as aforesaid, the churchwardens or overseers of the poor of such parish, tithing, or place, shall, on receiving an order under the hands of any two or more deputy-lieu- tenants acting within the sub-division wherein such parish, tithing, or place, is situate, pay to every such person so chosen by ballot, any such sum of money, not exceeding the sum which such deputy-lieutenants shall adjudge to be as near as may be one half of the current price then paid for a volunteer, or substi- tute, in the county, riding, or place, where such person was so chosen, which said sum of money shall be taken out of the rate to be made as herein- before directed, for providing and producing volun- teers, or in case no volunteers shall have been 96 provided or produced by the churchwardens or over- seers, then out of a rate to be made and collected agreeable to the poor's rate as hereinbefore also directed. See note in 2). 89 for an observation re- specting this rate. Overseers to Scct. 161. The ovcrscers of the poor of the pay fines for men deficient scvcral parishcs and tithinecs upon which any such out of the ^ o i J poor rates. j.g^^.g qj. assessmcut shall have been made as in the said act aforesaid,* shall, within fourteen days after notice from the treasurer of the county, riding, or place, pay the amount of the rate or assessment made upon their respective parishes or tithings, out of any money in their or any of their hands, of the rates for the relief of the poor ; and if they or any of them shall not have sufficient of such money for that purpose, then such overseers shall, and they are hereby required to make a rate sufficient to satisfy such rate and assessment; and it shall be lawful for the said overseers to levy and collect the same in such manner as rates made for the relief of the poor, or any other rates made for the purposes of this act, may be levied and collected. * This refers to a rate to be made by the justices of the quarter ses- sions upon every county, hundred, parish, tithing, or place, for wliich the quota required under this act shall not have been raised and com- pleted by a certain time. 97 Militia of the Tower Hamlets. By the said act 42 Geo. III. c. 90, {viz. the Regular 42 Geo. in. Militia Act., see ante p. 82.) Sect. 153, after reciting that the Militia of the Tower Hamlets are raised and regulated by 37 Geo. III. cc. 25 and 75, and that the 37 Geo. iii. cc. 25 & 75. same are thereby made subject to certain of the provisions contained in 26 Geo. III. c. 107, bv this 26 Geo. iii. •' C.107. act repealed, it is enacted, that, from and after the passing of this act, all and every the clauses, pro- visions, powers, authorities, punishments, bounties, penalties, forfeitures, matters, and things in this act contained, in relation to any persons, acts, matters, and things as to which the said act 26 Geo. III. c. 107, or any of the clauses or provisions thereof, were in force or applicable as to the said militia, shall from and after the passing of this act, be applied, practised, and put in full force as to all such persons, matters, and things, as far as the same can be applied, and are not contrary to any of the pro- visions of the said respective acts, or either of them, as fully and effectually in all respects, as if the said acts and this act, and the respective provisions thereof, were consolidated into one act: Provided always that nothing in this act contained shall be construed to extend to repeal any of the provisions of the said acts, or either of them, other than such H 98 as are in and by the said acts made subject to the rules, regulations, clauses, powers, and provisions of the said recited act of the twenty-sixth year afore- said.* Militia of the City of London. 1 Geo. IV. By 1 Geo. IV. c. 100, intituled " An act for amend- c. 100. Certain acts i^g ^"^^ rcduciug iuto One act of Parliament, two repealed. . . i i • several acts, passed m the thirty sixth and thirty ninth years of the reign of his late Majesty King George the Third, for the better ordering and further regulating of the Militia of the City of London :" Sect. 1, It is enacted, that the said recited acts (viz. the acts mentioned in the title) should be, and the same are thereby repealed. Powers of Scct. 42. All the powers and authorities, clauses, regular militia .acts extended provisions, rulcs, and regulations of any act or acts of to this act. Parliament that then were or thereafter should be in force for regulating the militia in England, or the pay of the same, and for the regulating of the number of officers, non-commissioned officers, drummers and * The purport of this clause is to make the present (42 Geo. III. c. 90,) instead of a previous act, ai^plicable in certain respects to the militia of the Tower Hamlets. 99 fifers, to be serving in the said militia, and in all other respects whatsoever, so far as the same are not altered or varied by this act, and can be made appli- cable thereto, shall extend and be applied and be put in force as to the militia to be raised by virtue of this act, as fully and effectually as if the same were severally and separately re-enacted in and made part of the body of this act.* Sect. 11. The aldermen or deputies, and com- Rate to lie made. mon council-men of the several wards of the said city and liberties, or the major part of them, shall from time to time, as occasion may require, make an equal rate upon all and every person and persons, &c. who do or shall inhabit, hold, occupy, possess, or enjoy any land, house, shop, warehouse, vault, cellar, or other tenements or hereditaments, within the said several wards, and the liberties and precincts within the same, regard being had in making the said rate to the abilities of, and likewise to the rent paid by the said several person and persons, &c. to defray the expense of raising and maintaining the quota * Under tliis general reference, Friends would be entitled to any privileges contained in the regular militia acts, in their favour ; but as the militia in London is raised by bounty, and not by ballot, the clauses respecting Friends being drawn, &c. do not there come into operation. They are, however, liable to be distrained upon for their proportion of rates, for the payment of bounties under Sect. 13, of the London militia act, see post, page 100. H 2 100 or number of men to serve in the said militia, and all other incidental charges relating thereto. Appeal Sect. 12. In case any person or persons shall against rate. j i. i think him, her, or themselves aggrieved by any rate or assessment to be made as aforesaid, it shall and may be lawful for them respectively to appeal to the Court of Mayor and Aldermen of the said city, whose decision shall be final and conclusive : Pro- vided, that notice of such appeal shall be left in writing, at the office of the town clerk of the said city, within ten days after the sum so rated and assessed, shall be demanded ; and such appeal shall be made to the next Court of Mayor and Aldermen of the said city, after such notice shall be so left as aforesaid. Rates maybe Scct. 13. If any pcrson or persons, &c. who distress. shall be rated and assessed by virtue and in pursu- ance of this act, shall refuse or neglect, by the space of fourteen days next after his or their respective rate or rates, assessment or assessments, shall be due, and demanded by the collector or collectors, authorised and appointed, either by the alderman, or his deputy and common council-men for the time being, in each ward, or the major part of them, or by the said commissioners, (viz. commissmiers of 101 lieutenanci/ ) in case the said alderman, deputy, and common council-men, or the major part of them, shall refuse, omit, and neglect to make the rate or assessment, and appoint collectors to collect and receive the same, such demand being left in writing by the said collector or collectors at the land, house, shop, warehouse, vault, cellar or other tenement, hereditaments, premises, or other property, possessed, rented, or occupied by him, her, or them, to pay such rate or rates, assessment or assessments, so demanded as aforesaid, (unless notice of appeal shall have been left as aforesaid) or if any such notice be left, and if such appeal shall not be made accord- ingly at the next court of mayor and aldermen of the said city, as aforesaid ; then, and in every such case, it shall and may be lawful to and for such collector or collectors, every or any of them, having a warrant or w^arrants under the hand and seal of the mayor or any other magistrate of the said city, which warrant or warrants the said collector and collectors is and are hereby required to apply for, and the mayor, or any other magistrate of the said city, is hereby authorised and required to grant, and with the assistance of a constable or any peace officer of the ward, county, city, or liberty, where the person or persons so refusing or neglecting shall reside, there to seize and distrain any of the goods 102 and chattels of the person or persons so neglecting or refusing to pay ; and if the same shall not be re- plevied, or such rate or assessment paid within five days next after such distress made, together with the costs and charges thereof, then to appraise and sell so much and such parts of the said goods and chattels as shall be sufficient to pay the said rate or assessment, and the costs and charges attending such distress and sale, returning the overplus (if any) to the owner or owners of such goods and chattels ; and the said costs and charges to be settled and allowed by the said mayor or other magistrate who shall have granted such warrant or warrants respec- tively : Provided that no distress shall by virtue of this act be made out of the limits of the said city or liberties thereof, unless such warrant or warrants respectively shall be first backed or countersigned by some magistrate of the county, city, or liberty, where such distress is proposed to be made, which warrant or warrants any magistrate who shall be applied to for that purpose shall forthwith, and is hereby authorized and required, to back or counter- sign without fee or reward. How the Sect. 35. For defraying the necessarv charges charges oi jo ./ o bidefrayed^ ^^^ incidental expenses of the said militia, it shall be lawful for the said commissioners to continue to 103 raise and levy as heretofore, in every year the propor- tion of one month's tax, amounting to four thousand six hundred and sixty six pounds thirteen shillings and four pence, vphich the said city hath been used to pay by virtue of 13 and 14 Chas. II. and no warrant shall be issued for the raising of any trophy money, till the justices, at some general or quarter sessions for the said city, shall have examined and allov\^ed the accounts of the trophy money last raised, levied, and collected, and certified such exa- mination of the accounts, under the hands and seals of three or more of such justices, to the said com- missioners. Miners in Cornwall and Devon. By 42 Geo. III. c. 72, intituled " An act for repeal- 42 Geo. in. ing an act, made in the thirty eighth year of the reign of his present Majesty, intituled, •■ An act for raising a body of miners in the counties of Cornwall and Devon, for the defence of the kingdom during the present war;' and for the more effectually raising and regulating a body of miners for the defence of Great Britain;" It is (Sect. 16) pro- vided, that if any person ballotted to serve in the said regiment, shall be one of the people called 104 Quakers, the same proceedings shall be had with respect to such person, as may be had with respect to a Quaker ballotted to serve in the militia in England ; (See Regular Militia, page 82, j and all and every the provisions with respect to the people called Quakers, in the several acts concerning the militia forces of England, shall be carried into exe- cution in the levying of men to be raised by virtue of this act, in the same manner, and as fully and amply as if the same had been repeated and enacted in the body of this act. Annual Training. 46 Geo. III. By 46 Geo. III. c. 90, intituled " An act to enable c. 90. ^ Certain per- his Maiestv annually to train and exercise a propor- Bousnot J J . 1-1 exempt. ^j^j^ ^f ]^jg gubjccts in England, under certain regu- lations, and more effectually to provide for the defence of the Realm,"* It is enacted, (Sect. 5) that no articled clerk, nor apprentice, nor any poor man who has more than one child, born in wedlock, nor any person serving by substitute in the militia, or under any act for raising any additional force for the defence of the realm, shall by reason thereof be exempt from this act. * This act not liavinj;;, so far as the Compiler observes, been repealed, is here noticed ; though he apprehends it was virtually superseded by the establishment of the local militia. 105 Sect. 20.* If any person, beinff one of the people Friends ^ exempt on called Quakers, or of the people called. Unitas p^^™ gol"^ Fratrum, or United Brethren, who shall be ballotted under this act, shall produce before any of the deputy-lieutenants at any sub-division meeting, or any two deputy-lieutenants or justices of the peace, a certificate under the hands of two or more re- Ante p. 84. note. spectable housekeepers, being of the people called Quakers, or of the people called Unitas Fratrum, or United Brethren, resident within the county, or place of residence, of such person, and dated within three months immediately preceding the day on which such certificate shall be produced, acknow- ledging such person to be one of their persuasion, such person shall not be enrolled for training or exercise, or if he shall have been enrolled, shall be struck out of the enrolment; and it shall be lawful for any such deputy-lieutenants or justices to adjudge any such person to pay such proportion of fines imposed by this act, on persons enrolled for non-attendance at training and exercising, not ex- ceeding seven pounds, nor less than twenty shillings, for the year in which he shall have been so ballotted, as to such deputy-lieutenants or justices may appear * In balloting for the persons to be trained under this act, recourse is to be had to the returns of men between the ages of 18 and 45, made under any act or acts relating to the militia. 106 to he proper, according to the situation in life, and property of such person, and the amount of fine so adjudged by such deputy-lieutenants or justices may be levied by distress and sale of the goods and chattels of such person, by warrant under their hands and seals, (the overplus, if any, after deduc- tion of reasonable charges, being rendered to the party,) and if no goods or chattels can be found, then they may commit him to prison, for any time not exceeding fourteen days, unless such sum be sooner paid. A form applicable to the certificate required by this clause, may be seen in page 84, note. Justices may Sect. 21. If any Constable, head-borough, tithing- appoint deputies for man, or overseer shall be of the people called Friends refus- ^ cons\abiesr Quakers, (and so certified to be by two Quakers) &c. and shall neglect or refuse to perform the duties required by this act, any two justices acting within that division shall, if they think it expedient, by their order, under their hand and seal, appoint a fit person to be such Quaker's deputy, for the purposes only of this act, who shall act and be subject to the provisions of this act as the person originally appointed, and such person shall be altogether dis- charged from the duties required and penalties im- posed by this act. 107 Sect. 28. The lieutenant or deput}^- lieutenants General and sub-division at any general meeting, and the deputy-lieutenants "'®'^^'"S^™^y •' " '-> 1. J appoint spe- within their respective sub-divisions, may, when l^^^ of°persons , . , . , . . „ , , exempt from they judge it expedient, appoint irom those who military service. under this act would be exempt from enrolment, such a number of those usually resident in any parish, who may be willing to undertake the duty of constables under this act, to be special constables for all or any of its provisions within such parish as they shall think fit, or to appoint any persons to act as constables instead of Quakers, according to any militia act, and the deputy-lieutenant shall cause the names of such special constables to be given to the chief constable or other proper officer of the district, and such special constables shall do all things in this act contained, as any other consta- bles may. Local Militia. By 52 Geo. III. c. 38, intituled " An act for amend- 75 Geo. iii. c. 38. ing the laws relating to the Local Militia in Eng- Provisions of former acts land;"* It is enacted (Sect. 21) that all such J^/J^^'^'* ^'^ * This act repeals sundry preceding acts on the subject of the local militia, the first of which is 48 Geo III. c. 3. The local militia in Scotland, is raised and regulated by 52 Geo. III. c. 68, by Sect. 19, of which certain powers of former acts relating to the 108 powers, provisions, rules, regulations, clauses, mat- ters, and things contained in the forty-second year of George Third, chapter ninety, forty-sixth year of George Third, chapter ninety-one, and forty-ninth year of George Third, chapter eighty-two, or in any other act relating to the militia, as relate to the appointing and holding general and sub-division meetings of lieutenancy, or to the making out lists from which to ballot, or to the mode of ballotting shall, as far as the same are applicable and can be applied to and for the purposes of carrying this act into execution, and are not hereby altered, varied, or repealed, be used, exercised, applied and put in force, with respect to the local militia, in as full and ample a manner as if the said powers, provisions, rules, regulations, clauses, matters, and things, were re-enacted and repeated in this act.* Men to be Sect. 23. The men to be raised under this act, ballotted out of the militia shall be ballottcd out of and from the persons between lists. the ages of eighteen and thirty returned in the lists now existing, or which may hereafter be returned or regular militia are extended to this act : Sect. 25, is similar to Sect. 27, of the English act, both relate to Friends who may be constables, &c. and Sect. 49, is nearly the same as Sect. 50, of the English act ; both of them contain special provisions respecting Friends who may be balloted. * By virtue of this general reference Sect. 27, of the militia act, 42 Geo. III. c. 90, is in force in the execution of this act. Vid. p. 82. 109 amended and corrected for the raising of the militia under any acts relating to the militia of England. Sect. 24:. On making out or amending any lists after the passing of this act, of persons fit to serve in the local militia, every person who shall wil- fully neejlect to appeal/* within the time appointed Penalty for •^ ° ^^ ^^ neglecting to for that purpose, shall forfeit for every such offence '^pp^'^^- any sum not exceeding five pounds, nor less than twenty shillings, at the discretion of any two or more deputy-lieutenants, or justices of the peace, or magis- trates, and on non-payment thereof, be imprisoned, at the discretion of any two or more deputy-lieu- tenants, or justices of the peace, or magistrates, as aforesaid, for any time not exceeding fourteen days. Sect. 27. If any chief or other constable, head- Justices may appoint depu- borougjh, tithins-man or overseer, shall be of the V'^^*^*^^"''"'^^ ~ ' '=' lor carrying people called Quakers, (and certified to be so by two execration. ° persons of the people called Quakers) and shall Ante p. 84, note. neglect or refuse to perform the duties required by this act, it shall be lawful for any two justices of the peace acting for the division within which such Quaker shall be such officer as aforesaid, and they are hereby required, in all cases where the circum- stances of the case shall in their judgment render it * This is applicable to every person who has some legal ground of objection to the return of his name. 110 expedient and necessary for the due execution of the provisions of this act, by their order under their hands and seals, to appoint a fit and proper person (who^ by Sect. 25, must be above thirty years of age,) to be deputy to such Quaker, for the purpose only of carrying this act into execution ; and every such person so appointed deputy as aforesaid, shall have and exercise all the powers, authorities and jurisdic- tions, given by this act, to such officer for whom he shall so act, and shall do and perform all the like duties and offices, under the like pains, penalties and forfeitures, as are hereby imposed for neglect of duty of any such officer as afore- said, in like manner, in every respect, as the person for whom he shall so act ; and where an appointment of any deputy shall be so made, the principal chief constable, head-borough, tithing-man or overseer, (being one of the people called Quakers) shall be, and he is hereby discharged from the performance of any duty required of him by this act, and from all penalties incurred for neglect thereof, after the time of such appointment. Rate may be Scct. 36. If the cliurchwardeus or overseers of made for pay- ingvoiunteers' the poor of any parish, tithing, or place, shall, with cuinea8°each.*^ *^^ consent of the inhabitants, taken at a vestry, or at any other meeting to be hold en for that purpose, for the calling of which vestry or meeting three days Ill public notice shall be given, specifying the cause of calling such vestry or meeting, provide and produce to the said deputy-lieutenants, or any two or more of them, at any sub-division meeting for choosing the local militia men by ballot, any volunteer or volun- teers, being of the same county, riding or place, or of some adjoining parish or place, who shall be ex- amined and approved, as is hereinafter mentioned, such volunteer or volunteers so examined and approved, shall be then and there sworn in and enrolled to serve for such term, and on the same conditions as are hereinbefore provided in case of persons chosen by ballot ; and the said deputy- lieutenants shall cause only such number of persons to be chosen by ballot out of the list returned for such parish, tithing, or place, as shall be then wanted to make up the whole number to serve for such parish, tithing, or place; and if any such church- w^ardens or overseers shall give to such volunteer or volunteers, any sum or sums of money, not exceed- ing two guineas each, to serve in the local militia, for such parish, tithing, or place, it shall be lawful for such churchwardens or overseers to make a rate* * This must be distinct from the poor's rate ; as clearly appears not only from the terms, "A Rate — according to the rate then made for the relief of the poor:" but also from the consideration that persons serving in the local militia, &c., though assessed to the poor's rate, are not liable to the payment of this. 112 upon the inhabitants of such parish, tithing, or place, according to the rate then made for the relief of the poor, which rate (being approved by any justice of the peace) it shall be lawful for such churchwardens or overseers to collect, and to reim- burse themselves such sum or sums of money as they shall have paid to such volunteer or volunteers as aforesaid, and the overplus (if any) shall be ap- plied as part of the poor's rate : and if any person Refusal to shall Tcfuse to pay such rate, it shall be lawful for pay rate. any justice of the peace, upon complaint thereof made by any such churchwarden or overseer, by warrant under his hand and seal, to levy the same by distress and sale of the offender's goods and chattels, vid. Sect. 53. returning the overplus, (if any) after the said rate, post. and the charges of such distress and sale shall be paid ; but no person who shall be then serving in the local militia, nor any person serving either per- sonally or by substitute in the regular militia, shall be liable to pay any such rate : Provided always, that if any person shall think himself aggrieved by any such rate as aforesaid, such person may appeal to the next general or quarter sessions, in like manner as is provided in the case of appeals against rates for the relief of the poor. Certain per- Sect. 38. No constablc or peace officer, not being ROUS exempt trom service. 113 ^ a special constable, nor any seaman or seafaring man, nor any person being free of the Company of the Watermen of the River Thames, nor any poor man who has more than two children, born in wedlock, nor any person receiving his education on an elee- mosynary foundation, shall be liable to serve in the local militia ; and no person having served personally in the regular militia, or additional force, (viz. the army of reserve) or provided any substitute, or for whom any substitute has been provided, or paid any fine for not serving or finding a substitute in the regular militia, or such additional force as aforesaid, shall be liable to serve in the local militia until four years after the expiration of his period of service, if he shall have served in person, or six years after the period at which such substitute shall have been enrolled, or four years after having paid any such fine ; and no person having paid any fine, or upon whom distress has been made for any fine for not serving in the local militia, shall be liable to serve until the expiration of two years, from the period of having paid such fine, or suffered such distress. Sect. 44. If any person ballotted to serve in the Persons ballotted, not local militia under this act, shall after notice ejiven appearing to '-' be enrolled, to him, or left at his usual or last place of abode, of'^'^^^^^ ^'''^• his having been so ballotted, refuse or neglect to I 114 appear within such period, and at such place as shall be appointed for that purpose, within the sub-division for which he shall have been so ballotted (which times and places shall be appointed by the deputy- lieutenants in their respective sub-divisions, under any order of the lieutenant of the county, and notice thereof given by the constables of the several parishes, by putting up the same on churches, chapels, or other conspicuous places) and be enrolled under this act, and take the oath to serve under this act, such person .shall forfeit the sum of thirty pounds ; or if a person not having or receiving any annual sum of money, profits, gains, allowances, or other income whatsoever, amounting in the whole to two hundred pounds, clear of all out-goings, taxes, or re- prizes, the sum of twenty pounds ; and if not amount- ing in the whole to one hundred pounds, clear of all out-goings, taxes, or reprizes, the sum of ten pounds ; and every such fine shall be paid to the clerk of the sub-division meetings, who shall on receipt thereof give a certificate, without fee or reward, of the same being paid, which certificate shall be countersigned by some justice of the peace or deputy-lieutenant : and shall within twenty one days after the receipt thereof, pay the same into the Bank of England to a . separate account of the agent general for the local militia, for the purposes of the local militia of Great 115 Britain, being furnished with a receipt for the same, and the payment of such fine shall exempt such per- Fines to exempt for son from being ballotted and enrolled under this act *^p y^^^^ ^ only. for two years and no longer : and such person shall be liable to be ballotted and enrolled in the year next but one after that in which he shall have been so ballotted as aforesaid, and in like manner to serve or pay such fine as aforesaid, and so in each second succeeding year. Sect. 46. Every person claiming to be exempted Persons claiming ex- from service under this act, upon payment of the fine emption on ^ payment of of twenty pounds, or ten pounds, instead of thirty to'Sgn'^a °^^' pounds, shall sign a declaration that the amount of their income^ his income does not exceed two hundred pounds, or one hundred pounds, as aforesaid, as the case may be, and shall deliver the same to the deputy-lieu- tenant, before whom he shall appear to claim such exemption, or produce a certificate to the like effect, allowed by any commissioners under any act relating to the rates and duties arising on property, profes- sions, trades, and offices, or to any allowances made on any such rates and duties, within twelve months, previous to the production of such certificate ; and every person who shall make any false declaration in relation to any such claim, shall forfeit and pay for I 2 116 such offence, the sum of fifty pounds, in addition to such fine. Persousto Scct. 47. Evei'y person claiming to be exempted sign a declara- _ tion that they from seivice. Under this act, upon payment of fine as have not insured. aforcsaid, and every person who shall be liable to the payment of any fine under this act, for not appearing to be enrolled in the local militia, shall be summoned and required to appear before some deputy-lieutenant or justice of the peace, and shall be required by the deputy-lieutenant before whom he shall appear to claim such exemption, or by such deputy-lieutenant or justice of the peace before whom he shall be so summoned and required to appear, as aforesaid, to sign a declaration that he hath not, directly or indirectly, by any policy,* premium, or promise of any policy or premium, or by any engagement, insured himself against such fine, or any part thereof, and that no person or persons hath or have, directly or indirectly, in con- sideration of any sum of money, or promise of any sum of money, or gift or reward, or for any valuable consideration whatever, undertaken, engaged, or pro- mised, in any way, to indemnify him therefrom, or * By Sect. 34, a penalty of fifty pounds is imposed for being any ways concerned in insuring against or for any fine under the act. 117 from any part thereof, or to repay to him, or to any person or persons on his behalf, or for his use, benefit, or advantage, the said fine, or any part thereof; and in case any person so claiming to be exempt, or so summoned or required to appear as aforesaid, shall refuse so to sign such declaration, or so to appear according to such summons or requisition, or shall make any false declaration in that behalf, every such person shall, upon conviction thereof before two justices of the peace, forfeit three times the amount of such fine ; and in default of pay- ment thereof, shall be confined in any house of cor- rection, or common gaol for such county, for any period not exceeding three months, or until payment of such penalty ; and shall be liable personally to serve in the said local militia for the full term of four years after the expiration of such imprisonment, or the payment of such penalty. Sect. 50. If any person being of the people Friends not to be enrolled, called Quakers, or of the people called Unitas ^^^ li^-bie to ^ ^ certain fines. Fratrum, or United Brethren, who shall be bal- lotted under this act, shall produce before the de- puty-lieutenants of any sub-division meeting, or any two deputy-lieutenants, or justices of the peace, a cer- Ante p. 84, tificate under the hands oi two or more respectable note, house-keepers, being of the people called Quakers, 118 or of the people called Unitas Fratrum, or United Brethren, resident within the county or place of residence of such person, and dated within three months immediately preceding the day on which such certificate shall be produced as aforesaid, acknowledging such person, to be one of their per- suasion, such person shall not be enrolled ; and it shall be lawful for any such deputy-lieutenants or justices to adjudge any such person to pay such pro- Ante p. ii4. portion of such fines,* as are by this act imposed on persons ballotted and not appearing, as to such deputy-lieutenants or justices may appear to be pro- per, according to the situation in life and property of such person ; and the amount of fine so adjudged by such deputy-lieutenants or justices may be levied Distress. by distrcss and sale of the goods and chattels of such persons, by warrant under their hands and seals, (the overplus, if any, after deducting of rea- sonable charges, being rendered to the party ;) and if no goods or chattels can be found whereby the sum so imposed upon such Quaker or United Brother can be levied, and the deputy-lieutenants or * These fines are specified in Sect. 44, and it is to be understood by the words " Such proportion of such fines," such proportion of the sums of £30, £20, or £10 respectively, as to the deputy-lieutenants or jus- tices may appear to be proper, according to the situation in life and property of the person ballotted. A power is thus vested in them to reduce the fine, with regard to the people called Quakers, to any sum in their discretion. 119 justices shall nevertheless upon enqmry be satisfied that such Quaker or United Brother is of sufficient ability to pay such fine of ten pounds^ then it shall be lawful for any deputy-lieutenant or justice of the peace, if he'shall think fit,* to commit such Quaker or United Brother to prison, there to remain for any time not exceeding one month, unless such sura shall be sooner paid and satisfied : provided always, that no Quaker or United Brother so committed as aforesaid shall be confined among felons. A form of the certificate required in this clause may he seen in the note in page 84. Sect. 51. Every person liable to serve in the Persons having more local militia, havinq; more than one place of resi- than one place ^ ^ 01 residence. dence, shall serve for the county, riding, or place, where his name shall have been first inserted in such list as aforesaid ; and the clerk to the sub- division meeting to which such list shall be re- turned, shall, if such person requires the same, grant a certificate gratis under his hand, that such person's name was inserted in such list, and specifying the time when such list was made and returned. * From this it would appear that if a Friend is not of sufficient ability to pay the sum of £10, he is not liable to either fine or impri- sonment, and it is obvious that a person who, though of ability to pay the sura of £10, has no distrainable effects, may be spared the penalty of imprisonment. 120 Justices may Scct. 53. Where any rate shall have been made order payment lev^in^b^^ for the providing of volunteers according to the lb ress. directions of this act, and the churchwardens and overseers shall make complaint to a justice of the peace, that any Quaker or Quakers has refused to pay the sum or sums of money he or they shall be rated at, such justice shall order such costs and charges to be paid for levying such distress as he shall think reasonable, not exceeding ten shillings on each of the said Quakers, where there are no more than two, and where there are a greater number than two, not exceeding five shillings on each of the said Quakers : Provided always, that no man shall be deemed, taken and accepted to be a Quaker within the meaning of this act, unless he shall produce, before the deputy-lieutenants at some of their sub- Vid. p. 84, division meetings, a certificate under the hands of two or more reputable housekeepers, being of the people called Quakers, resident within the said county, riding, or place, and dated within the three months immediately preceding the day on which it shall be produced as aforesaid, acknowledging such man to be one of their persuasion. A form is given in a note p. 84, as applicable to the certificate required hy this clause. note, 121 Sect. 55. Whenever it shall appear to any two Persons cho- sen by ballot or more deputy -lieutenants, or any one deputy-lieu- "°^*; *°^ tenant and one justice of the peace assembled at any. sub-division meeting, that any person chosen by ballot to serve in the local militia, is unable to serve from any permanent illness, debility, or bodily infir- mity, or is not of the full height of five feet two inches, or is not approved upon examination, by a surgeon according to the directions of this act, such deputy-lieutenants or such deputy-lieutenant and justice of the peace shall and are hereby empowered and required to discharge such person, and imme- diately to amend the list for the place for which such person shall have been ballotted, and to cause another person to be chosen in his stead, by ballot, according to the directions of this act. Sect. 101. When the local militia shall be called Mode of pro- * cedure in out to be trained and exercised, or for the suppression providing ^ carnages. of riots or tumults, any justice being thereunto required fas in the act is mentioned) shall issue his warrant to the constables, &c. requiring them to provide carriages to convey the arms, clothes, accou- trements, ammunition, and other stores, with able men to drive such carriages ; and every such con- stable, &c. shall order and appoint such persons having carriages, within their respective hundreds, 122 &c. as they shall think proper, to provide and furnish such carriages and men, according to the warrant aforesaid ; and every person so ordered is required to provide and furnish the same accordingly for one day's journey and no more. Overseers to Scct. 179. The ovcrscers of the poor of the pay sums assessed for several parishes and tithings, upon which any rate men deficient ^ o ' i. j rates^ ^^^^ ^^ asscssment shall have been made as in the said act aforesaid,* shall within fourteen days after notice from the clerks of the sub-divisions, pay the amount of the rate or assessment, made upon their respective parishes or tithings, out of any money in their or any of their hands, of tjie rates for the relief of the poor ; and if they or any of them shall not have suffi- cient of such money for that purpose, then such overseers shall, and they are hereby required to make a rate sufficient to satisfy such rate and assessment, and it shall be lawful for the said overseers to levy and collect the same in such manner as rates made for the relief of the poor, or any other rates made for the purposes of this act may be levied and collected. Sect. 190. If any person shall think himself or * This refers to a rate to be made by the justices of the quarter sessions upon every county, hundred, or parisli for which the full number of men required under this act shall not have been ballotted and enrolled before certain days in the act mentioned. 123 herself aggrieved by any such rate as aforesaid, such person may appeal to the next general or quarter Appeal, sessions, in such manner as is provided in cases of appeal against rates for the relief of the poor. By 53 Geo. III. c. 28, intituled " An act to ex- 53 Geo. iii. •' c. 28. plain and amend an act passed in the last session of ^^f ^ "°^ "'**^' •t i gular on ac- Parliament for amending the laws relating to the mistakes of , ^ T names. local militia in England.' Sect. 8, No return or list or ballot shall be deemed irregular, by reason of any mistake in the christian name of the person returned and ballotted, and all the penalties of 52 Geo. III. c. 38, shall be enforced against the person so re- turned and ballotted in like manner in every respect as if the christian name had been correctly returned ; provided, that notice of the person being ballotted shall have been given to the person so ballotted according to the provision of the said act : provided always, that every person so returned and ballotted under any wrong christian name as aforesaid, shall be entitled to claim any exemption to which he may be entitled after being so ballotted, and although the days and times for hearing appeals shall have passed. 124 Conmyance of Soldiers and Sailors' Baggage, 6fc. Providing carriages. By the act annually passed, intituled " An act for punishing mutiny and desertion ; and for the better payment of the army and their quarters," provision is made enabling a justice on such appli- cation as is therein mentioned to issue his warrant to the constables, requiring them to make such pro- vision of carriages and horses or oxen, with able men to drive the same, as is mentioned in the said warrant : And the constables shall order and ap- point such persons having carriages within their respective liberties as they shall think proper, to provide and furnish such carriages and horses and oxen and men, according to the said warrant, who are thereby required to furnish and provide the same accordingly. Cases of emergency. And also empowering the justices in cases of emer- gency to he certified to them as therein is mentioned, to issue their warrants to the constables, requiring them to provide saddle horses, coaches, chaises, and other four-wheeled carriages usually let to hire, and also boats, barges, and other vessels used upon any canal or navigable river, with able men and horses to drive, navigate, and draw the same, as shall be 125 mentioned in such warrants : And the constables so required, shall order and appoint such persons within their respective limits as they shall think proper, to provide and furnish such horses, carriages, boats, barges, or other vessels, and men, according to the warrants aforesaid, who are thereby required to furnish the same accordingly. And also providing that if any person appointed Penalties. by such constable, to furnish any carriage, man, horse, boat, barge, or other vessel, shall refuse or neglect to provide the same; or if such person or any other person or persons whomsoever shall wil- fully do any act or thing whereby the execution of any such warrant shall be hindered or frustrated, every such person or persons so offending, shall for every such offence forfeit any sum not exceeding five pounds, nor less than forty-shillings, to the use of the poor of such parish or parishes adjoining to the parish where such offence shall be committed, as shall be fixed upon by the justice by whom such offence shall be heard : And all and every such offence and offences shall and may be inquired of, heard, and finally determined by one justice, dwell- ing in or near the place where any such offence shall be committed, who has thereby power to cause the said penalty to be levied by distress and sale of 126 the offender's goods and chattels, rendering the over- plus (if any) to the owner. And in another act annually passed, intituled " An act for the regulation of Her Majesty's Royal Marine forces while on shore," provisions similar to the foregoing are contained. 127 MARRIAGE. In an act of the 26 Geo. II. c. 33, intituled " An 26 Geo. ii. c. 33. act for the better preventing of clandestine mar- Repealed by •"■ ^ 4 Geo. IV. riages," it is provided, that nothing in the said act '^^ "'^^ p°^*- contained shall extend to that part of Great Britain called Scotland, nor to any marriages among the people called Quakers, or amongst the persons pro- Exemption, fessing the Jewish religion, where both the parties to any such marriage shall be of the people called Quakers, or persons professing the Jewish religion respectively, nor to any marriages solemnized beyond the seas. And in the acts 3 Geo. IV. c. 75, intituled " An 3Geo. iv. e. 75. act to amend certain provisions of 26 Geo. II. for the better preventing of Clandestine Marriages," and 4 Geo. IV. c. 76, intituled " An act for amend- 4 Geo. iv. c. 76. ing the Laws respecting the solemnization of mar- riages in England," similar provisions are contained, and by the last act the 26 Geo, II. c. 33, and 4 Geo. IV. c. 17, are repealed, and by 5 Geo. IV. 5 Geo. iv. c. 68. c. 68, intituled " An act to repeal an act passed in ^fg^^f^S-^" the fifty-seventh year of the reign of his late Majesty King George the Third, intituled ' An act to regulate the celehration of Marriages in Newfoundland ; and 128 to make further provision for the celebration of mar- riages in the said Colony and its Dependencies," it is by Sect. 9 enacted, that nothing in this act con- tained relating to marriages in Newfoundland, shall extend to any marriages amongst the people called Quakers^ or amongst the persons professing the Jewish religion, where both the parties to any such marriage shall be of the people called Quakers, or persons professing the Jewish religion respectively. 6& 7 Will. Bv 6 and 7 Will IV. c. 85, intituled " An act for IV. c. 85. •' marriages in England," it is by Sect. 2 enacted, that Provision for the Socicty of Friends commonly called Quakers, and the marriage « . ^ -r • i t • of Friends, also persous professmg the Jewish religion, may con- tinue to contract and solemnize marriage, according to the usages of the said society, and of the said persons respectively ; and every such marriage, is thereby declared and confirmed good in law, provided that the parties to such marriage be both of the said society, or both persons professing the Jewish religion, re- Proviso, spectively ; provided also, that notice to the registrar shall have been given, and the registrar's certificate shall have issued in manner hereinafter provided. Notice of Sect, 4 enacts, that in every case of marriage in- every in- ria°gtto"br tended to be solemnized in England after the first ibinten! day of Mavch, 1837, {altered hy 7 Will IV. c. 1, to dent Registrar of the district. 129 the last day of June,) according to the rites of the Church of Enc/la7id, (unless by license or by special license, or after publication of banns,) and in every case of marriage intended to be solemnized in Eng- land after the said first day of March, according to the usages of the Quakers or Jews, or according to any form authorized by this act, one of the parties shall give Notice under his or her hand, in the form of Schedule (A) to this act annexed, or to the like effect, to the Superintendent Registrar of the District within which the parties shall have dwelt for not less than seven days then next preceding, or if the parties dwell in the Districts of different Superinten- dent Registrars, shall give the like Notice to the Superintendent Registrar of each District, and shall state therein the name and surname and the profession or condition of each of the parties intending marriage, the dwelling place of each of them, and the time, not being less than seven days, during which each has dwelt therein, and the church or other building in which the marriage is to be solemnized : Provided Proviso, that if either party shall have dwelt in the place stated in the notice during more than one calendar month, it may be stated therein that he or she hath dwelt there one month and upwards. Sect, 5 enacts, That the Superintendent Registrar Superinten- dent Registrar K 130 to keep no- shall file all such notices, and keep them with the tices in a ^ book. records of his office, and shall also forthwith enter a true copy of all such notices fairly into a book, to be for that purpose furnished to him by the Registrar General, to be called "■ The Marriage Notice Book," the cost of providing which shall be defrayed in like manner as the cost of providing register books of births and deaths ; and the marriage notice book Inspection of shall be Open at all reasonable times without fee to book. all persons desirous of inspecting the same ; and for every such entry the Superintendent Registrar shall Fee. be entitled to have a fee of one shilling. After 7 days Scct. 7 cuacts. That after the expiration of seven or 21 days, , . . • i i t certificate of days, if the mamage is to be solemnized by license, notice to be given on qj. qJ twcnty-one days, if the marriage is to be solem- nized without license, after the entry of such notice, the Superintendent Registrar, upon being requested so to do by or on behalf of the party by whom the notice was given, shall issue under his hand a cer- tificate in the form of Schedule (B) to this act annexed, provided that no lawful impediment be shown to the satisfaction of the Superintendent Registrar why such certificate should not issue, and provided that the issue of such certificate shall not have been sooner forbidden in manner hereinafter mentioned by any person or persons authorized in 131 that behalf as hereinafter is provided ; and every such certificate shall state the particulars set forth in the notice, the day on which the notice was entered, and that the full period of seven days or of twenty- one days, (as the case may be,) has elapsed since the entry of such notice, and that the issue of such certificate has not been forbidden by any person or persons authorized in that behalf; and for every such certificate the Superintendent Registrar shall be entitled to have a fee of one shilling. Fee. Sect. 9 enacts, That any person authorized in that issue of Superinten- behalf may forbid the issue of the Superintendent ,^®°* ^^s'.^- •^ ■*■ trar s certin- Registrar's certificate, by writing at any time before forbiddJn. ^ the issue of such certificate the word ^^ forbidden" opposite to the entry of the notice of such intended marriage, in the Marriage Notice Book, and by sub- scribing thereto his or her name and place of abode, and his or her character, in respect of either of the parties, by reason of which he or she is so author- ized ; and in case the issue of any such certificate shall have been so forbidden, the notice and all pro- ceedings thereupon shall be utterly void. Sect. 14 enacts. That after the said first day of Marriages not to be solem- March.no marriage after such notice as aforesaid, "|.f^'^"°<^|^ o alter 21 days unless by virtue of a license to be granted by the notke%ifess ^ by license. K 2 132 Superintendent Registrar, shall be solemnized or re- gistered in England until after the expiration of twenty-one days after the day of the entry of such Marriage by notice as aforesaid; and no marriage shall be solem- license. nized by the license of any Superintendent Registrar or registered until after the expiration of seven days after the day of the entry of such notice as aforesaid. New notice Sect. 15 enacts, That whenever a marriage shall required after three months, not be had within three calendar months after the notice shall have been so entered by the Superinten- dent Registrar, the notice and certificate, and any license which may have been granted thereupon, and all other proceedings thereupon, shall be utterly void ; and no person shall proceed to solemnize the marriage, nor shall any Registrar register the same, until new notice shall have been given, and entry made, and certificate thereof given, at the time and in the manner aforesaid. Superintend- Scct. 16 cuacts, That the Superintendent's certi- ent registrar's _ . certificate or ficatc, or in casc the parties shall have given notice license to be the'person by ^° *^^ Superintendent of different districts, the certi- whomThe fi<^'^te of each Superintendent, shall be delivered to marriage is ^ r\ai • • -n t- • solemnized, the Omciating Minister, if the marriage shall be solemnized according to the rites of the Church of England ; and the said certificate or license shall be 133 delivered to the Registering Officer of the people called Quakers for the place where the marriage is solemnized, if the same shall be solemnized accord- ing to the usages of the said people; or to the Officer of a Synagogue by whom the marriage is registered, if the same shall be solemnized according to the usages of persons professing the Jewish Religion ; and in all other cases shall be delivered to the Regis- trar present at the marriage, as hereinafter provided. Sect. 39 enacts. That every person who after the Persons un- duly solemniz- said first day of March, shall knowingly and wilfully ing marriage, solemnize any marriage in England^ except by spe- ^^^'^'^y- cial license, in any other place than a church or chapel in which marriages may be solemnized according to the rites of the church of England, or than the registered building or office specified in the notice and certificate as aforesaid, shall be guilty of felony (except in the case of a marriage between two of the Society of Friends commonly called Quakers, according to the usages of the said society, or between two persons professing the Jewish reli- gion, according to the usages of the Jews ;) and every person who in any such registered building or office shall knowingly and wilfully solemnize any marriage in the absence of a Registrar of the District in which such registered building or office 134 is situated shall be guilty of felony ; and every person who shall knowingly and wilfully solemnize any marriage in England after the said first day of March (except by license) within twenty-one days after the entry of the notice to the Superintendent Registrar as aforesaid, or if the marriage is by license, within seven days after such entry, or after three calendar months after such entry, shall be guilty of Felony. Schedule (A.) Notice of INIarriage. To the Registrar of the District of Hendon, in the County of Middlesex. I hereby give you notice. That a marriage is intended to be had within three calendar months from the date hereof, between me and the other party herein named and described ; (that is to say,) Name. Condition, Bank or Profession. Age. Dwelling Place. T .u Church or Bnild- ^"f'^ inginwhiehmar- Bistrict and County in which the other party resides, when the parties dwell in different dis- tricts. James Smith. Widower. Carpenter. ^ ''/■^'^" 16, High Street- 23 days. Sion Chapel, West Street, Tonbridae, Kent. Martha Green. Spinster Minor. Grove Farm. moi-e than a month. Hendon, Middlesex. AVitness my hand this sixth day of May, 1837, (Signed) James Smith. [The italics in this schedule to be filled up as the case may be. 135 By 3 and 4 Vict. c. 72, intituled " An act to pro- 3 & 4 vict. vide for the solemnization of marriages in the districts in or near which the parties reside," After reciting the acts of 4 Geo. IV. c. 76, 6 and 7 Will. IV. c. 85, and 7 Will. IV., and 1 Vict. c. 22, and that it was ex- pedient to restrain marriages under the said act of his then late Majesty {i. e. 6 and 7 Will. IV. c. 85) from being solemnized out of the district in which one of the parties dwells, unless either of the said parties dwells in a district within which there is not any re- gistered building, wherein marriages is solemnized according to the ceremony the parties see fit to adopt, it is by Sect. 5 enacted, that notwithstanding anything Provision as to maiTiages in this act or in the said recited acts or either of them «/ members of the Society of contained, the Society of Friends, commonly called jelv^hi buUd- , 11 f'lT'i ingsnotwitliia Quakers, and also persons proiessmg the Jewish the districts in which they religion, may lawfully continue to contract and ^^^^i^- solemnize marriage according to the usages of the said society, and of the said persons respectively, after notice for that purpose duly given, and certi- ficate or certificates duly issued, pursuant to the pro- vision of the said recited act of his late Majesty, notwithstanding the building or place wherein such marriage may be contracted or solemnized be not situate within the district or either of the districts (as the case may be,) in which the parties shall respectively dwell. 136 lo&iivict. By 10 and 11 Vict. c. 58, intituled "An act to c. 58._ Marriages of remove doubts as to Quakers and Jews marriages Friends and ^ nfzld before solcmnized before certain periods," after reciting certain dates ^ t ^ -, -, t -i i -,• t r declared that doubts had been entertained as to the vahdity oi valid. marriages amongst the people called Quakers, and amongst persons professing the Jewish religion, solemnized in England before the first day of July, 1837, or in Ireland before the first day of April, 1845, according to the usages of those denominations respectively, and that it was expedient to put an end to such doubts, it is declared and enacted, that all marriages so solemnized as aforesaid were and are good in law to all intents and purposes whatsoever, provided that the parties to such marriages were both Quakers, or both persons professing the Jewish religion respectively. REGISTERS. By 6 and 7 Will. IV. c. 86, intituled "An act for 6&7Wiiiiv. c. 86. registering births, deaths, and marriages in England,'" it is by Sect. 20 enacted, that the father or mother Parent or oc- cupier of of every child born in England after the first day of ^""^^,7" . J J J quired to give March, 1837, (altered hy 7 Will. IV. c. 1, to ^/^e Eh-thTo fer"^ as known. last day of June,) or in case of the death, illness, absence, or inability of the father and mother, the occupier of the house or tenement in which such child shall have been born, shall, within forty-two days next after the day of every such birth, give in- formation, upon being requested so to do, to the Registrar of the District, according to the best of his or her knowledge and belief, of the several particu- lars hereby required to be known and registered touching the birth of such child. Sect. 21 enacts. That if any child of an English Tiegistry of children born parent shall be born at sea on board of a British ^* ^^^• vessel, the captain or commanding officer of the vessel on board of which the said child shall have been bom, shall forthwith make a minute of the several particulars hereinbefore required to be in- serted in the register touching the birth of such child, so far as the same may be known, and the 138 name of the vessel wherein the birth took place, and shall, on the arrival of such vessel in any port of the United Kingdom, or by any other sooner opportunity, send a certificate of the said minute through the post office to the Registrar General, who shall file the same, and enter a copy thereof under his hand in a book to be kept for that purpose in '■' the General Register Office," to be called the " Marine Register Book," and shall keep the said book with the other registers, according to the provisions of this Act. As to registry Scct. 22 cuacts, That after the expiration of forty- after expira- ftom^bSh o7 *^^*^ ^^^^ following the day of the birth of any child, it '^^'^^'^' shall not be lawful for any Registrar to register such birth, save as hereinafter is next mentioned ; provided that, in case the birth of any child shall not have been registered according to the provisions herein- before contained, it shall be lawful for any person present at the birth of such child, or for the father or guardian thereof, at any time within six calendar months next after the birth, to make a solemn declaration of the particulars required to be known touching the birth of such child, according to the best of his or her knowledge and belief, and it shall thereupon be lawful for the said Registrar then and there, in the presence of the Superintendent Regis- trar to register the birth of the said child according 139 to the information of the person making the said declaration ; and in every such case the Superin- tendent Registrar before whom the said declaration is made shall sign the entry of the birth as well as the Registrar, and for every such registry as last Fees. aforesaid the Superintendent Registrar shall be en- titled to have a fee of two shillings and sixpence from the person requiring the same to be registered ; and the Registrar, over and above the fee herein- after enacted in respect of every birth registered by him, shall be entitled, unless the delay shall have been occasioned by his default, to have a fee of five-shillings from the person requiring the same to be registered ; and no Register of births shall be given in evidence to prove the birth of any child wherein it shall appear that forty-two days have intervened between the day of the birth and the day of the registration of the birth of such child, unless the entry shall be signed by the Superintendent Penalty. Registrar ; and every person who shall knowingly register or cause to be registered the birth of any child, otherwise than hereinbefore is last mentioned, after the expiration of forty-two days following the day of the birth of such child, shall forfeit and pay for every such offence a sum not exceeding £50. Sect. 23 enacts. That after the expiration of six Births not to be registered 140 after six calendar months following the birth of any child, it shall not be lawful for any Registrar to register the birth of such child, and no register of births, except in the case of children born at sea, shall be given in evidence to prove the birth of any child, wherein it shall appear that six calendar months have inter- vened between the day of the birth and the day of Penalty. the registration of the birth of such child ; and every person who shall knowingly register or cause to be registered the birth of any child after the expiration of six calendar months following the day of the birth of such child, shall forfeit and pay for every such offence a sum not exceeding £50. Some person Scct. 25 enacts, That some person present at the present at death, in at- death, or in attendance during the last illness of tendance, or ° Lou"Cto°give every person dying in England after the said first dcath,"so7a? day of Mavch, faltered by 7 Will. IV. c. 1, to the last as known. day of June, J or in case of the death, illness, in- ability, or default, of all such persons, the occupier of the house or tenement, or if the occupier be the per- son who shall have died, some inmate of the house or tenement in which such death shall have hap- pened, shall, within eight days next after the day of such death, give information, upon being requested so to do, to the said Registrar, according to the best of his or her knowledge and belief, of the several Ul particulars by this act required to be known and registered touching the death of such person : Pro- Registrar to make entry vided always, that in every case in which an inquest P^^'^^^'^^"^ •' •' ^ jury upon shall be held on any dead body the Jury shall ^"i^^® ®- inquire of the particulars herein required to be registered concerning the death, and the Coroner shall inform the Registrar of the finding of the Jury, and the Registrar shall make the entry accordingly. Sect. 26 enacts, That if any of his Majesty's Registry of persons dying English subjects shall die at sea on board of a at sea. British vessel, the captain or commanding officer of the vessel on board of which such death shall have happened shall forthwith make a minute of the several particulars hereinbefore required to be inserted in the register touching such death, so far as the same may be known, and the name of the vessel wherein the death took place, and shall on the arrival of such vessel in any port of the United Kingdom, or by any other sooner opportunity, send a certificate of the said minute through the post office to the Registrar General, who shall file the same, and enter a copy thereof under his hand in the ^Marine Register Book, and keep the same with the other registers, according to the provisions of this act. 142 Registrar to Sect. 27 eiiacts. That every Registrar, immediately give certifi- , . ., , ,i rv cate of regis- upon registermg any death, or as soon thereaiter try of deaths to undertaker, as he shall be required so to do, shall, without fee or reward, deliver to the undertaker or other person having charge of the funeral a certificate under his hand, according to the form of Sche- dule (E) to this act annexed, that such death has been duly registered, and such certificate shall be delivered by such undertaker or other person to the minister or officiating person who shall be required to bury or to perform any religious service for the burial of the dead body, and if any dead body shall be buried for which no such certificate shall have been so delivered, the person who shall bury or perform any funeral or any religious service for the burial shall forthwith give notice thereof to the Registrar : Coroner may Provided always, that the Coroner, upon holding any order body to be buried, and inqucst, may ordcT the body to be buried, if he shall give certi- ficate, think fit, before registry of the death, and shall in such case give a certificate of his order in writing under his hand, according to the form of Schedule (F) to this act annexed, to such undertaker or other person having charge of the funeral, which Penalty on shall be delivered as aforesaid; and every person burying dead body without -^bo shall bury or perform any funeral or any reli- certificate of registry. gious servicc for the burial of any dead body for which no certificate shall have been duly made and 143 delivered as aforesaid, either by the Registrar or Coroner, and who shall not within seven days give notice thereof to the Registrar, shall forfeit and pay any sum not exceeding £10 for every such offence. Sect. 28 enacts, That every person by whom the Register to be signed by the information contained in any register of birth or informant. death under this act shall have been given shall sign his name, description, and place of abode in the register ; and no register of birth or death according to this act shall be given in evidence which shall not be signed by some person professing to be the informant, and to be such party as is by this act required to give such information to the Registrar. Sect. 30 enacts. That the Registrar General shall j\rarriage re- gister books furnish or cause to be furnished to the rector, vicar, *« ^^ fur- nished or curate of every church and chapel in England wherein marriages may lawfully be solemnized, and also to every person whom the Recording Clerk of the to every regis- tering officer Society of Friends commonly called Quakers, at their of marriages •' J -^ ' ot Friends, &c. central office in London, shall from time to time certify in writing under his hand to the Registrar General to be a Registering Officer in England of the said Society, and also to every person whom the Pre- sident for the time being of the London committee of deputies of the British Jews shall from time to time 144 certify in -writing under his hand to the Registrar General to be the Secretary of a Synagogue in Eng- land^ of persons professing the Jewish religion, a sufficient number in duplicate of Marriage Register Books, and forms for certified copies thereof, as here- Cost of books, inafter provided; and the cost of all such books and forms shall be paid by the churchwardens and overseers of the parish or chapelry out of the monies in their hands as such churchwardens and overseers, or by the registering officer or secretary respectively to whom the same shall be furnished. ikiarriage re- Scct. 31 cnacts. That cvcry clergyman of the gisters to be kept in dupii- church of England, immediately after every office of matrimony solemnized by him, shall register in duplicate in two of the Marriage Register Books the •several particulars relating to that marriage accord- ing to the form of the said Schedule (C) ; and every such Registering Officer of the Quakers, as soon as conveniently may be after the solemnization of any marriage between two Quakers in the district for which he is Registering Officer, and every such Secre- tary of a Synagogue, immediately after every marriage solemnized between any two persons professing the Jewish religion, of whom the husband shall belong to the Synagogue whereof he is Secretary, shall register or cause to be registered in duplicate in two 145 of the said Marriage Register Books the several par- ticulars relating to that marriage according to the form of the said Schedule (C) ; and every such Regis- tering Officer or Secretary, whether he shall or shall not be present at such marriage, shall satisfy himself that the proceedings in relation thereto have been conformable to the usages of the said society, or of the persons professing the Jewish religion, as the case may be; and every such entry as hereinbefore is mentioned (whether made by such clergyman or by such Registering Officer or Secretary respectively as aforesaid,) shall be signed by the clergyman or by the said Registering Officer or Secretary, as the case may be, and by the parties married, and by two witnesses, and shall be made in order from the beginning to the end of each Book, and the number of the place of entry in each Duplicate Marriage Register Book shall be the same. Sect. 33 enacts. That the rector, vicar, or curate of Duplicates and certitied every such church and chapel, and every such Re- copies of re- •' L •/ gisters 01 gistering Officer and Secretary, shall, in the months ;;;^J^i^^ft''fsy. , ])erintendent of Aprils July, October, and January respectively. Registrar. make and deliver to the Superintendent Registrar of the District in which such church or chapel may be situated, or which may be assigned by the Registrar General to such Registering Officer or Secretary, on 146 durable materials, a true copy, certified by him under his hand of all the entries of marriages in the Register Book kept by him since the last certificate, the first of such certificates to be given in the month of July, 7Wm.iv.c.i. 1837, (altered hy 7 Will. IV. c. 1, to the month of October,) and to contain all the entries made up to that time, and if there shall have been no marriage entered therein since the last certificate, shall certify the fact under his hand, and shall keep the said Marriage Register Books safely until the same shall Custody of be filled; and one copy of every such Register Book, registers when filled, "when filled, shall be delivered to the Superintendent Registrar of the District in ■which such church or chapel may be situated, or which shall have been assigned as aforesaid to such Registering Ofiicer or Secretary, and the other copy of every such Register Book kept by any such rector, vicar, or curate, shall remain in the keeping of such rector, vicar, or curate, and shall be kept by him with the Registers of Bap- tisms and Burials of the parish or chapelry within which the marriages registered therein shall have been solemnized; and the other copy of every such Register Book of marriages among the people called Quakers, and among persons professing the Jewish religion respectively, shall remain under the care of the said people or persons respectively, to be kept with their other Registers and Records, and shall, for 147 the purposes of this act, be still deemed to be in the keeping of the Registering Officer or Secretary for the time being respectively. Sect. 35 enacts. That every rector, vicar, or curate. Searches may be made, and and every Reeristrar, Registering Officer and Secre- certificates JO ' o o given by the tary, who shall have the keeping for the time being mg^the regS- ters. of any register book of births, deaths, or marriages, shall at all reasonable times allow searches to be made of any register book in his keeping, and shall give a copy certified under his hand of any entry or entries in the same, on payment of the fee herein- after mentioned ; (that is to say,) for every search Fee. extending over a period not more than one year, the sum of one shilling, and sixpence additional for every additional year, and the sum of two shillings and sixpence for every single certificate. Sect. 36 enacts. That every Superintende'nt Regis- indexes to be made at the trar shall cause Indexes of the register books in his Superintend- ^ entRegistrar's office to be made, and kept with the other Records pfrson'r'^ of his office ; and that every person shall be entitled search them. at all reasonable hours to search the said Indexes, and to have a certified copy of any entry or entries in the said register books under the hand of the Superintendent Registrar, on payment of the fees hereinafter mentioned (that is to say,) for every Fees. l2 148 general search the sum of five shillings, and for every particular search the sum of one shilling, and for every such certified copy the sum of two shillings and sixpence. Indexes to be Sect. 37 enacts, That the Registrar General shall kept at ge- offic'e selfches ^^"^^ ludcxcs of all the Said certified copies of the ceSed'co- registers to be made and kept in the general register pies given. office; and that every person shall he entitled, on payment of the fees hereinafter mentioned, to search the said Indexes between the hours of ten in the morning and four in the afternoon of every day, except Sundays, Christmas-da]/, and Good Friday^ and to have a certified copy of any entry in the said certified copies of the registers ; and for Fees. every general search of the said Indexes shall be paid the sum of twenty shillings, and for every par- ticular search the sum of one shilling, and for every such certified copy the sum of two shillings and six- pence, and no more shall be paid to the Registrar General or such other officer as shall be appointed for that purpose on his account. Penalty for Sect. 41 enacts. That every person who shall wil- wilfullygiving false informa- fully make or cause to be made, for the purpose of being inserted in any register of birth, death, or marriage, any false statement touching any of the 149 particulars herein required to be known and regis- tered, shall be subject to the same pains and penal- ties as if he were guilty of perjury. Sect. 42 enacts, That every person who shall Penalty for not duly regis- refuse or without reasonable cause omit to register JJJJ^^g and^^' any marriage solemnized by him, or which he ought foJYoSnyor'^ injuring the to register, and every Registrar who shall refuse or registers, without reasonable cause omit to register any birth or death, of which he shall have had due notice as aforesaid, and every person having the custody of any register book, or certified copy thereof or of any part thereof, who shall carelessly lose or injure the same, or carelessly allow the same to be injured whilst in his keeping, shall forfeit a sum not ex- ceeding £50 for every such offence. Sect. 43 enacts. That every person who shall wil- Penalty for destroying or fully destroy or iniure, or cause to be destroyed or ^^isifyi°g re- J J J ^ J gister books. injured any such register book, or any part or cer- tified copy of any part thereof, or shall falsely make or counterfeit, or cause to be falsely made or coun- terfeited, any part of any such register book or cer- tified copy thereof, or shall wilfully insert or cause to be inserted in any register book or certified copy thereof any false entry of any birth, death, or mar- riage, or shall wilfully give any false certificate, or 150 shall certify any writing to be a copy or extract of any register book, knowing the same register to be false in any part thereof, or shall forge or counter- feit the seal of the register office, shall be guilty of felony. Accidental Scct. 44 cnacts. That no person charged with the errors may be x o corrected. ^^^y ^j- registering any birth, death, or marriage, who shall discover any error to have been com- mitted in the form or substance of any such entry, shall be therefore liable to any of the penalties aforesaid, if within one calendar month next after the discovery of such error, in the presence of the parents of the child whose birth may have been so registered, or of the parties married, or of two per- sons attending upon any person in his or her last illness whose death may have been so registered, or in case of the death or absence of the respective parties aforesaid, then in the presence of the Super- intendent Registrar and of two other credible wit- nesses who shall respectively attest the same, he shall correct the erroneous entry according to the truth of the case, by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry, and add thereunto the day of the month and year when such correction shall be Proviso. made : Provided also, that in the case of a mar- 151 riage register he shall make the like marginal entry, attested in like manner in the duplicate Marriage Register Book to be made by him as aforesaid, and in every case shall make the like alteration in the certified copy of the register book to be made by him as aforesaid, or in case such certified copy shall have been already made, provided he shall make and deliver in like manner a separate cer- tified copy of the original erroneous entry, and of the marginal correction therein made. By 7 Will. IV. and 1 Vict. c. 22, intituled " An 7 Wiii. iv. & 1 Vict. c. 22. act to explain and amend two acts passed in the last session of Parliament, for marriages, and for registering Births, Deaths, and Marriages, in Eng- Penalty for neglecting to landr it is by Sect. 28 enacted. That every person send certified •^ ■"• copies of re- who under the provisions of the said acts or either ^^^^^^ ^*^^^" of them, as amended by this act, is required to make and deliver to any Superintendent Registrar a certified copy of the entries of any births, deaths, or marriages registered by him, or the certificate required by the said acts as amended by this act, that there have been no entries since the last certificate, and who after being duly required to deliver such certified copy, or such certificate as aforesaid, shall refuse or during one calendar month neglect so to do, shall be liable for every such 152 offence to forfeit a sum not exceeding ten pounds to be recovered as other penalties for offences against the said acts are made recoverable. 10 Geo. IV. By 10 Geo. IV. c. 24, intituled "An act to enable c- 24. . , the commissioners for the reduction of the National Debt to grant life annuities and annuities for terms of years," After providing for the evidence which should be adduced in support of claim for a quarter's Annuity on the death of any nominee or nominees, Certificates of it IS by Section 28 enacted, That it shall be lawful burials of Friends, &c. for the proper officer of the said commissioners for the reduction of the National Debt, and he is hereby authorized, empowered and required, to receive any extracts or copies from the registers of the Society of Friends commonly called Quakers, or from the regis- ters of any Dissenting or Roman Catholic Chapel, or other chapel not being parochial, as evidence of the death or burial of any nominee or nominees ; pro- Proviso, vided that such extracts or copies shall be duly cer- tified under the hand of the Registrar or person keeping such registers ; and that such copy so certified, shall be accompanied by an affidavit as to the identity of such nominee or nominees, to be made and taken by and before such and the like person and persons as is required by this act on the death of any nominee. NONPAROCHIAL REGISTERS. By 3 and 4 Vict. c. 92, intituled " An act for enabl- 3 & 4 Vict. c. 92. ing Courts of Justice to admit Non-Parochial Re- gisters as evidence of Births or Baptisms, Deaths or Burials, and Marriages," after reciting the appoint- ment of certain Commissioners for inquiring into the state, custody, and authenticity of any registers or records of births or baptisms, deaths or burials, and marriages lawfully solemnized, as had been kept in England and Wales other than the parochial regis- ters, and the copies thereof deposited with the Diocesan Registrars, and for inquiring whether any and what measures could be beneficially adopted for collecting and arranging and depositing such regis- ters or records, and for considering and advising the proper measures to be adopted for giving full force and effect as evidence in all courts of justice to all such registers as were found accurate and faithful, and for facilitating the production and reception of the same : And that there were then about seven thousand registers in the custody of the said Com- missioners which by their report to her Majesty they had recommended to be kept together in some secure place of deposit, and to be deemed to be in legal custody, and to be receivable in evidence in all courts of justice, subject to certain conditions and 154 restrictions therein recommended, it was by Sect. 1 Certain Regis- enacted, That the Registrar General of births, deaths, ters to be deposited in and marriages in England should receive, and de- the custody of o t/ gSiS^^*^'^^'^ posit in the general register office, all the registers and records of births, baptisms, deaths, burials, and marriages then in the custody of the Commissioners appointed as aforesaid, and which they had by their said report recommended to be kept in some secure place of deposit, and also the several other registers and records therein referred to. Declaratory Scct. 3 cuacts, That cvcry office or place where provisions as to the ge^rai ^^^ registers or records which by this or any other act are directed to be in the custody of the Registrar General shall be deposited by direction of the Regis- trar General, with the approval of the Lord High Treasurer, or three or more Commissioners of Her Majesty's Treasury, shall be deemed to be a branch or part of the general register office, so long as such registers or records shall remain therein, and the execution of this act shall be deemed to be a part of the business of the general register office. Commission- Scct. 4 cuacts. That the said commissioners shall ers to identify the registers from time to time deliver to the Registrar General a deposited. descriptive list or lists of all the registers and records now in their custody, and also of all the registers 155 and records which shall be certified as fit to be placed •with the other registers and records in the general register office, containing such particulars, and refer- ring to the registers and records in such manner, as in the opinion of the Registrar General shall be sufficient to identify every such register and record ; and three or more of the said Commissioners, (of whom the Registrar General shall not be one,) shall certify under their hands, upon some part of every separate book or volume containing any such register or record, that it is one of the registers or records deposited in the general register office pursuant to this act, and in every case in which the Commis- sioners shall certify to the Registrar General as afore- said that certain parts only of such registers or records appear to them to be original or authentic, the Commissioners shall refer in the descriptive list or lists, and also in the certificate upon such book or volume, to those parts, in such manner as to identify them to the satisfaction of the Registrar General. Sect. 5 enacts, That the Registrar General shall Lists to bo made cause lists to be made of all the registers and re- cords which may be placed in his custody by virtue of this act; and every person shall be entitled, on which shall be payment of the fees hereinafter mentioned, to search search ; 156 the said lists, and any register or record therein men- tioned, between the hours of ten in the morning and four in the afternoon of every day, except Sun- days and Christinas Day and Good Friday, but subject to such regulations as may be made from time to time by the Registrar General, with the appro- bation of one of Her Majesty's Principal Secretaries and certified of State, and to have a certified extract of any entry extracts had therefrom. in the Said registers or records, and for every search in any such register or record shall be paid the sum of one shilling ; and for every such certified extract Fee. the sum of two shillings and sixpence, and no more; Registers Scct. 6 cuacts, That all registers and records de- deemed in legal custody, positcd in the general register office by virtue of evidemS.^ ^° this act, cxccpt the registers and records of baptisms and marriages at the Fleet and King's Bench prisons, at May Fair, at the Miiit in Southwark, and else- where, which were deposited in the registry of the Bishop of London in the year 1821, as hereinafter mentioned, shall be deemed to be in legal custody, and shall be receivable in evidence in all courts of justice, subject to the provisions hereinafter con- Production of tained ; and the Registrar General shall produce or registers. cause to be produced any such register or record, on subpoena or order of any competent court or tribunal, and on payment of a reasonable sum, to be taxed as 157 the court shall direct, and to be paid to the Registrar General, on account of the loss of time of the officer by whom such register or record shall be produced, and to enable the Registrar General to defray the travelling and other expenses of such officer. By the subsequent Sections of the act, provision is made as to the authentication of extracts from these registers, and for regulating the practice in reference to the production of the originals or the extracts, according to circumstances, in legal and other proceedings. It may be proper to state that, under this act, the whole of the registers of births, marriages and burials in the Society of Friends in England and Wales, from the rise of the Society to the period of the establishment of the Civil Registry in 1887, were (with the exception of a very few register books which were not discovered in time) surrendered to the government by the respective Meetings to which they belonged, and are now in the custody of the Registrar General. CHAEITIES. 52 Geo. III. By 52 Geo. III. c. 102, intituled " An act for the c. 102. registering and securing of charitable donations," it Exemption, is^ by Scct. 12, provided, that nothing in the said act contained, shall extend to any charitable foun- dation or donation which shall have been, or shall be given to and for the benefit of any person or per- sons of the society of people called Quakers, and which shall be under the superintendence and con- trol of persons of that persuasion. 58 Geo. III. By an act of the 58 Geo. III. c. 91, intituled c. 91. "An act for appointing Commissioners to inquire concerning charities in England for the education of Exemption, the poor," it is provided, (Sect. 12) that the act shall not extend to any funds applicable to the pur- poses of education, for the benefit of any persons of the Jewish persuasion, or the people called Quakers, or person or persons of the Roman Catholic persua- sion, and which shall be under the superintendence and control of persons of such persuasions respec- tively.* * It may be proper to observe that the exemption in this and the subsequent acts, was unsought for by the Society. 159 By an act 59 Geo. III. c. 81, intituled "An act 59 Geo. iii. c. 81. to amend an act of the last session of Parliament, for appointing Commissioners to enquire concerning charities in England for the education of the poor, and to extend the powers thereof to other charities in England and Wales ; to continue in force until the first day of August, 1823, and from thence until the end of the then next session of Parliament," Sect. 7 provides, that the act, or any of the provi- Exception, sions therein contained, shall not extend, or be con- strued to extend, to any funds applicable to the benefit of any persons of the Jewish persuasion, or of the people called Quakers, or of persons of the Roman Catholic persuasion, and which shall be under the superintendence and control of persons of such persuasions respectively. The powers of the Commissioners under these 5 Geo. iv. c. 58 ; 10 Geo. acts were from time to time continued by 5 Geo. IV. ^^-^.fj.',,^ •' and 2 Will. c. 58, 10 Geo. IV. c. 57, 1 and 2 Will. IV. c. ^4:,^^^%^^^. IV. c. 71. and 5 and 6 Will. IV. c. 71, which contained simi- lar exceptions to those already set out, and the last- mentioned act contained in addition the following exception. Sect. 17, That this act or any of the Act not to ex- tend to chari- provisions therein contained shall not extend or be ^^^^ chiefly ^ supported by construed to extend to any institution established, or trijjutions.'^^"" society for charitable purposes, wholly or principally 160 maintained by voluntary contributions, and under the superintendence andcontrol of any committee orgover- nors or other person or persons chosen or appointed out of or by voluntary subscribers thereto ; and that the application of any donation or bequest to the general purposes of any such institution, estabhshment, or society, in aid of such voluntary contributions, shall not be subject to the examination or interference of the commissioners appointed under this act: Pro- exceptasto vidcd always that the management and application management, &c. of rents of the rcuts and profits of any lands, tenements, or for 20 years. ^ "^ hereditaments belonging to such institution, estab- lishment, or society for the period of twenty years or upwards before the passing of this act, shall in all such cases be subject to the examination of the said Commissioners at their discretion. By 9 Geo. II. By 9 Gco. II. c. 36, intituled " An act to restrain C.36. the disposition of lands, whereby the same become unalienable," after reciting that gifts or alienations of lands, tenements or hereditaments, in mortmain, were prohibited or restrained by Magna Charta, and divers other wholesome laws, as prejudicial to and against the common utility ; and that nevertheless this public mischief had of late greatly increased by many large and improvident alienations or disposi- tions made by languishing or dying persons, or by 161 other persons, to uses called charitable uses, to take place after their deaths, to the disherison of their lawful heirs ; it was enacted, that from and after the twenty-fourth day of June. 1736, no manors, lands. After 24th ■^ '' June, 1736, no tenements, rents, advowsons or other hereditaments, ^1-'^°°^^' ^c- ' ' nor money to 1 . 1 1 J he laid out in corporeal or incorporeal whatsoever, nor any sum or j^^^jg^ &p ^^ 1*1 r. 1 • ^® given for sums of money, goods, chattels, stocks in the public charitable uses, unless funds, securities for money, or any other personal by deed exe- estate whatsoever, to be laid out or disposed of in the ^aiuies!*^^" purchase of any lands, tenements or hereditaments, shall be given, granted, aliened, limited, released, transferred, assigned or appointed, or any ways con- veyed or settled to or upon any person or persons, bodies politic or corporate or otherwise, for any estate or interest whatsoever, or any ways charged or incumbered by any person or persons whatsoever, in trust, or for the benefit of any charitable uses whatsoever ; unless such gift, conveyance, appoint- ment or settlement of any such lands, tenements or hereditaments, sum or sums of money, or personal estate (other than stocks in the public funds) be and be made by deed indented, sealed and delivered in the presence of two or more credible witnesses twelve calendar months at least before the death of such donor or grantor (including the days of the execution and death) and be inrolled in His Majesty's High Court of Chancery, within six M 162 calendar months next after the execution thereof; and unless such stocks be transferred in the public books usually kept for the transfer of stocks, six calendar months at least before the death of such donor or grantor (including the days of the transfer and death) and unless the same be made to take effect in possession for the charitable use intended, imme- diately from the making thereof, and be without any power of revocation, reservation, trust, condition, limitation, clause or agreement whatsoever, for the benefit of the donor or grantor, or of any person or persons claiming under him. Purchases or Scct. 2 cuacts, That nothing hereinbefore men- triiiSTGrs lor valuable con- tioncd relating to the sealing and delivering of any siderations not affected ^gg^ qj. (jgeds twclvc Calendar months at least before by death oi grantor. ^-^q death of the grantor, or to the transfer of any stock six calendar months before the death of the grantor or person making such transfer, shall extend, or be construed to extend, to any purchase of any estate or interest in lands, tenements or heredita- ments, or any transfer of any stock, to be made really and bona fide for a full and valuable considera- tion actually paid at or before the making such con- veyance or transfer without fraud or collusion. Sade'Ster24 ^^*^*- ^ cuacts. That all gifts, grants, conveyances, Jun e, 1736, 163 appointments, assurances, transfers, and settlements otherwise than dh-ected Y7hatsoever, of any lands, tenements, or other here- ^y this act to •' be absolutely ditaments, or of any estate or interest therein, or of '*''^^'^" any charge or incumbrance affecting or to affect any lauds, tenements, or hereditaments, or of any stock, money, goods, chattels, or other personal estate, or securities for money to be laid out or dis- posed of in the purchase of any lands, tenements or hereditaments, or of any estate or interest therein, or of any charge or incumbrance affecting or to affect the same, to or in trust for any charitable uses what- soever, which shall at any time from and after the said twenty-fourth day of June 1736, be made in any other manner or form than by this act is directed and appointed, shall be absolutely, to all intents and purposes, null and void. By 9 Geo. IV. c. 85, intituled " An act for 9 Geo. iv. c. 85. remedymg a defect in the titles of lands purchased for charitable purposes," after reciting the act of 9 Geo. II. c. 36, and reciting that the said pro- vision contained in the said recited act, in relation to the purchase of any estate or interest in lands, tenements, or hereditaments, for a full and valuable consideration, was only intended to prevent such pur- chases from being avoided by reason of the death of the grantor within twelve calendar months after the m2 164 sealing and delivery of the deed or deeds relat- ing thereto: And also reciting that it had not- withstanding been generally apprehended that the said last-mentioned provision was intended wholly to exempt such purchases from the operation of the said act, and that in consequence thereof, the forma- lities by the said act prescribed, in relation to the conveyance of hereditaments to charitable uses, had in divers instances been omitted on purchases for a full and valuable consideration, and that by reason of such omission the title to such hereditaments might be considered defective ; it is enacted, that where any lands, tenements, or hereditaments, or any Deedsreiating estate or interest therein, have or has been pur- to purchase of lands for cha- chascd for a fuU and valuable consideration, in trust ritable pur- Jaffd aitho^uoh ^^ ^^^ ^^^^ benefit of any charitable uses whatsoever, theformalities -, i/>n i iii • -i i' i i prescribed by and such tull and Valuable consideration has been the recited act have not actually paid for the same, every deed or other assu- been duly per- formed, ranee already made for the purpose of conveying or assuring such lands, tenements, or hereditaments, estate or interest as aforesaid, in trust or for the benefit of such charitable uses, (if made to take effect in possession, for the charitable use intended, immediately from the making thereof, and without any power of revocation, reservation, trust, con- dition, limitation, clause, or agreement whatsoever, for the benefit of the grantor, or of any person or 165 persons claiming under him,) shall be as good and valid, and of the same effect, both for establishing derivative titles, and in all other respects, as if the several formalities by the said act prescribed had been duly observed and performed. Sect. 2 enacts, That nothing in this act contained Act not to extend to shall extend to srive effect to any deed or other f^^ds avoided ^ ■' by suits at assurance heretofore made, so far as the same has ^^' been already avoided by suit at lav^ or in equity, or by any other legal or equitable means -what- soever, or to affect or prejudice any suit at law or in equity actually commenced for avoiding any such deed or other assurance, or for defeating the charitable uses in trust or for the benefit of which such deed or other assurance may have been made. Sect. 3 enacts. That nothing herein contained Not to dis- pense with shall be construed to dispense with any of the said prescribed tomialities in several formalities prescribed by the said recited ^"^"^®- act, in relation to any deed or other assurance which shall be made after the passing of this present act.* * See note ante page 23. CHUUCH WARDENS. Though there is no general enactment which speci- fically exempts Friends from liability to serve the office of Church Warden, yet it has been decided in the Archdeaconry Court of London that they are not compellable to serve or liable to any fine for refusing. Adey v. Theobald^ 1 Curtis, Eccles: rep. 447. MISCELLANEOUS. Discipline or Church Government. The Rules of the Discipline or Church Government of the Society of Friends are clearly recognized and allowed by the laws of England, as appears in the case of their marriages : so also in the case of Rex V Francis Hart^ on an indictment for a libel, the rules of their discipline were recognized by the judges, who refused to grant an information for a libel, for which, application was made to them, founded on an act of the Society in the course of their disciplinary proceedings, and afterwards, when the defendant was found guilty, on an indictment, the court granted a rule absolute for a new trial on the first application. The prosecutrix, Mary Jerom, was educated among Friends, at the Town of Notting- ham; her parents who lived there, being of that persuasion. She having acted in disobedience to the rules, the usual means by visiting and admonish- ing, were taken by the Society, but they proving ineffectual, and she absenting herself from the meet- ings and declaring that she did not look upon herself as one of the body, the Society proceeded in their usual manner to the sentence of expulsion, which was reduced into writing, approved by the Monthly 168 Meeting, and afterwards read by the defendant as clerk of the meeting, at the close of the meeting for worship at Nottingham, in 1761. The prosecutrix being acquainted with this pro- ceeding, sent her maid servant to the defendant for a copy of the sentence : who transcribed it, and enclosed it in a cover, directed to Mary Jerom ; who being thus possessed of it, annexed to it an affidavit, and applied to the Court of King's Bench for an in- formation for a libel. But the court rejected the motion, and refused to grant a rule to shew cause. She afterwards, on the 12th of March, 1762, pre- ferred a bill of indictment against the defendant for a libel, before the grand jury at the assizes, held for the Town of Nottingham ; which bill being found by them, was afterwards removed by certiorari into the King's Bench. And the defendant having pleaded not guilty, it was tried before Justice Clive, at the Summer assizes at Nottingham, July 30, 1762. The evidence on the part of the prosecution was, the prosecutrix and her servant maid who went for the paper ; and the evidence of the publication of it as a libel, was, the direction of it to the prose- cutrix, and the defendant's acknowledgment to the servant that he read it at the meeting. The defen- dant's counsel called no witnesses ; being of opinion. 169 that the Quakers, who were the only persons that could give an account of their method of proceeding, were disabled by the statute 7 and 8 Will. III. c. 34,* from being witnesses on a criminal prose- cution ; and being restrained from arguing that the paper in question was no libel, by the judge, who said that such a question was more proper to be determined by the court above, could only insist, that the evidence on the part of the prosecution was not sufficient to maintain the indictment. The judge left the case, with its circumstances, to the jury but rather recommended it to them to acquit the defendant. The jury, after withdrawing about three hours, found the defendant guilty. In the Michaelmas Term following, counsel moved the Court of King's Bench for a new trial ; and after stating the above mentioned facts, and observing upon the circumstances of hardship which would attend the case on a motion in arrest of judgment, where no facts could be relied on but what appeared on the record, and after a verdict, it might be pre- sumed that a malicious intention to defame the prosecutrix (which was charged in the indictment) was proved, insisted, that the leaving such a case as * Tliis disability was removed by the 9 Ceo. IV. c. 32, Ante, p. 42. 170 this to a jury, would be enabling a jury to set up a judgment in opposition to the Legislature, and overturn the Toleration Act, and that therefore the verdict ought to be set aside as a verdict against law. The court was clearly of opinion, that the jury should have been directed to acquit the defendant ; and, as notice of the motion was given, and counsel appeared for the prosecution, who did not contradict the abovementioned facts, the court said they would not do so much credit to such a prosecution, as to grant a rule to show cause ; and they ordered the verdict to be set aside on the first motion. — Burns Ecc. Law, vol. 2, p. 199. On the non-observance of days of public humi- liation and thanksgiving^ and of those called Good Friday arid Christmas-day, It is well known that the Society of Friends have an objection, founded as they believe on Christian principles, to the observance of any religious Fasts or Festivals, and that the consistent members of the Society are in the practice of pursuing their business on these, as on other days, and keeping their shops open. And on one of these festivals (Christmas- day) the mayor of a county town ordered the con- 171 stable to close the shutters of three shops belonging to Friends, and intimated that the like '^course would be taken in future, also that it was intended to levy a fine for noncompliance on the part of the Friends with the desire or injunction of the magistrates on this head. On this occasion the opinion of Serj'* Lens was taken, whether such procedure, or the levying of a fine in such case, could be supported by the Common or Statute Law, or even by the Canon Law of England, and his opinion was. That the mayor could not justify shutting up forcibly and against the owner's will, such shops as might not be closed on Christmas day. That he had not been able to find any statute which inflicted a penalty for not duly observing Christmas-day, and that no fine im- posed by the magistrates for such purpose, could in itself be effectual : That he was not aware that indictment at Common Law had ever been main- tained in such a case, or that the Ecclesiastical Court had ever entertained any complaint against Quakers not acting contumaciously, but from a regard to their own religious notions. LOCAL PROVISIONS. In several acts (local and personal and private) which have been passed by the Legislature prin- cipally of late years, for erecting chapels or other places of worship, collecting certain rates and for other objects, provisions have been introduced, ex- empting Friends from the offices of churchwardens, collectors, &c. The titles of many of such acts, with the nature of the exemption referred to, are here subjoined : which besides rendering the present compilation more complete may have the effect of inducing Friends in different parts of the country, when any bills for purposes of a similar description, in their own vicinity, are about to be brought into Parliament, wherein such clauses of exemption can with propriety be introduced, to make early application to the solicitors of the bill, and others who are likely to have influence on the occasion ; as such provisions can often be much more easily obtained in the early stages of the business, than when the form of the bill, and its several clauses, are more settled. /lets containing provisions for exempting Friends from being collectors^ ^c. of Church and other Ecclesiastical Rates. By 23 Geo. II. c. xxxvi. intituled " An act for 23 Geo. 11. c. xxxvi. settling a stipend upon the rector of the parish called St. George the Martyr, in Southwark, and his successors, in lieu of tithes ;" Quakers (so called) are exempted from being collectors. By 24 Geo. II. c. xv. intituled '"An act to en- 24 Geo. n. C. XV. able the parishioners of the parish called St. Mary, Islington, in the county of INIiddlesex, to rebuild the church of the said parish ;" Quakers (so called) are exempted from being collectors. By 26 Geo. II. c. xxxviii. intituled " An act to 26 Geo. 11. '' c.xxxvin. enable the parishioners of the parish of Stone, in the county of Stafford, to re-build the church of the said parish ;" Quakers (so called) are exempted from being collectors; and collectors are empowered to make distress^ by warrant from five trustees^ on such as refuse to pay the rates assessed by the act. By 26 Geo. 11. c. xciv. intituled "^ An act to 26 Geo. 11. c. xciv. enable the owners of houses and lands in the parish 174 called St. Botolph, without Aldersgate, and the inhabitants thereof, to repair the church and steeple belonging to the said parish ;" Quakers (so called) are exempted from being collectors. 14 Geo. III. By 14 Geo. III. c. xii. intituled "An act for c. xii. vesting a piece of waste ground, within the manor of Clapham, in the county of Surrey, in trustees, and for enabling them to build a parish church thereon ;" Quakers fso called) are exempted from being treasurers, clerks, collectors^ or receivers. 19 Geo. III. By 19 Geo. III. c. Ivii. intituled "An act for c. Ivii. the better providing a maintenance for the vicar of the parish of the Trinity, in the city of Coven- try ;" Quakers fso called) are exempted from being assessors. 44 Geo III. By 44 Geo. III. c. Ixxxix. intituled " An act for c. Ixxxix. the relief of certain incumbents of livings in the city of London." Sect. 17. Quakers (so called) are exempted from being collectors. C. CXXXll. 47 Geo. III. By 47 Geo. III. c. cxxxii. intituled " An act for making better provision for the support and main- tenance of the rector, for the time being, of the parish of St. George, the Martyr, South wark, in the 175 county of Surrey." By Sect. 3. Quakers (so called J are eocemptecl from the office of collecting the rate or assessment, under this act. By 54 Geo. III. c. cxi. intituled " An act for 54 Geo. iii. c. cxi. building a new church within the town and parish of Liverpool, in the county Palatine of Lancaster." Sect. 24. Quakers (so called) are exempted from being assessors or collectors. By ^b Geo. III. c. xliv. intituled " An act for 55 Geo. in. c. xliv. taking down and re-building the parish church of St. Thomas, in the town of Dudley, in the county of Worcester." Sect. 32. Quakers (so called) are exempted from being collectors. By 4 Geo. IV. c. cxviii. intituled " An act for 4 Geo. iv. c. cxviii. extinguishing Tithes, &c. within the London or city liberty of St. Andrew Holborn, in the city of London." (Local and personal,) s.s. 1 and 2. Friends are exempted from the office of commissioners under this act. By 5 Geo. IV. c. xxviii. (Private act J intituled 5 Geo. iv. c. xxviii. " An act to commute for a corn rent certain tithes and dues payable to the vicar of the parish of Lancaster, in the county of Lancaster." Sect. 33. C. CXVl. 176 Quakers (so called) are exempted from the office 0/ collector. 7 Geo. IV. By 7 Geo. IV. c. cxvi. ( Local and personal,) in- tituled "An act for extinguishing tithes, &c. in that part of the parish of St. Botolph without Alders- gate, which is situate in the City of London," &.c. Quakers (so called) are rendered ineligible to act as commissioners, or to Jill the office of treasurer, clerk or collector. 7&8Geo.iv. By 7 and 8 Geo. IV. c. xxi. (Local and personal,) c. xxi. intituled " An act to commute for a corn rent the tithes and dues payable to the rector of the parish of Grappenhall in the county Palatine of Chester." Sect. 33. Quakers (so called) are exempted from being appointed tithe collectors, 10 Geo. IV. By 10 Geo. IV. c. xiv. (Local and personal,) in- tituled " An act for extinguishing tithes and pay- ments in lieu of tithes, &c. &c. within the parish of Halifax, in the county of York." Sect. 4. Poiver is given to the vicar to distrain for money in arrear upon the churchwardens, but if sufficient goods he not found with them he may summon not less than three nor more than twenty of the inhabitants who are in arrear, (not being of the persuasion of C. XIV. 177 the people called ( Quakers) to pay the deficiency or to levy it hy distraint upon them. Sect. 14. Collectors of rates may he apjmnted from the householders, hut Friends are exempted. Sect. 21. Persons making distress, to render an account of expenses on demand in three days, under a penalty of £10. By 4 and 5 Will. IV., c. xviii. intituled " An 4&5Wiii.iv. c. xviii. act to commute for a corn rent the tithes and dues payable to the rectors and vicar of the parish of Kendal, otherwise Kirby Kendal, in the county of Westmoreland." Sect. 4:0 Provides that for the due collection of the annual sum or sums in lieu of tithes and other dues, one or more occupiers of land Sgc. (not being one of the people called Quakers,) in each of the said townships, shall be appointed yearly to he tithe collectors. Acts wherein Friends are exempted from being Churchwardens, S^c. By 43 Geo. III. c. cxvii. intituled "An act for 43 Geo. in. c. cxvii. erecting a new church to be called Christ Church, in the town of Birmingham, in the county of War- N 178 wick, and for providing a maintenance and residence for the minister or perpetual curate thereof." By Sect. 17, Quakers (so called) are exempted from being churchwardens. 45 Geo. III. By 45 Geo. III. c. xli. intituled " An act to c. xli. enable his Majesty to grant part of his Majesty's allotment of the disafforested forest or chase of Needvvood, in the county of Stafford, for the erection of a 'church, and the endowment of the minister thereof, and for building and establishing the said church." By Sect. 17, churchwardens not to he of the people called Quakers. 45 Geo. III. By 45 Geo. III. c. xlv. intituled "An act for c. xlv. establishing a new church or chapel at Blaenavon in the parish of Lanover, in the county of Monmouth." By Sect. 14, the church or chapelwardens not to he of the 2)eople called Quakers. 4.') Geo. III. By 45 Geo. III. c. Ixvi. intituled "An act for c. Ixvi. building a chapel in the hamlet of Redditch, in the parish of Tardebigg, in the counties of Worcester and Warwick." By Sect. 24, Chapelwardens not to he of the people called Quakers or Jews. 48 Geo. III. By 48 Geo. III. c. xcvii, intituled "An act for c. xcvii. 179 making more effectual provision for maintaining, regulating, and employing the poor of the parish of St. Luke, in the county of Middlesex." By Sect. 20, Quakers (so called) are exempted from the office of churchwarden. By 51 Geo. III. c, Ixix. intituled "An act for 5i Geo. ill. •' c. Ixix. building and establishing a church or chapel of ease at Buxton, in the county of Derby." By Sect. 10, Quakers (so called) exempted from the office of church or chapelwarden. By 57 Geo. III. c. xxxiv. intituled " An act for 57 Geo. in. c. xxxiv. making the hamlet of Poplar and Blackwall, in the county of Middlesex, a separate and distinct parish ; and for erecting a parish church therein, and other purposes relating thereto." Sect. 44 contains a pro- vision that Quakers fso called) shall not he eligible to the office of churchvarden in the new 'parish. It will be seen that all these Local Acts exempting Friends from the office of churchwarden, were passed before the deci- sion of the archdeaconry court of London, in the case of Adey V. Theobald, vide ante page 166. It now appearing from that ' decision, that a special exemption is not requisite, there seems no sufficient reason for applying to have such a clause inserted in any future local act of this nature. N 2 Acts relating to the compounding for imrochial rates, ^c. 50 Geo. III. By 50 Geo. III. c. xlv. intituled " An act for c. xlv. *^ better assessing and collecting the poor and other rates in the parish of St. George the Martyr, in the borough of Southwark, in the county of Surrey, and regulating the poor thereof." In the clause (Sect. 2 J respecting the compounding for parochial rates, it is 2}^'oviided, that the churchivardens and overseers of the poor, may compound with any of the jyeople called Quakers for the poor rates only. 52 Geo. III. By 52 Geo. III. c. Ixxv. intituled " An act for c. Ixxv. amending and rendering more effectual several acts for better assessing and collecting the poor and other rates of the parish of St. John of Wapping, in the county of Middlesex ; and for more effectually paving, widening, and improving the streets, and other places within and adjoining to the said parish." In Sect. 5, ivhich empowers the churchivardens and others to compound with the landlords of small houses, Sfc. for parochial rates, authority is given to enter into such compositioti " with any of the people called Quakers for the poor rates and watch rates only." 181 By 53 Geo. III. c. clxii. intituled "An act for 53 Geo. in. c. clxii. better assessing and collecting the poor and other rates, in the parish of St. Giles, Camberwell, in the county of Surrey, and regulating the affairs thereof; for repairing or re-building the parish workhouse, and purchasing ground for a cemetery, and for other purposes relating thereto." In the clause (Sect. 2) relating to a composition with the landlords of houses under a certain rent, ^c. for the parochial taxes ^ authority is given to compound with any of the jieople called Quakers for the poor rates and highway duty solely. By 54 Geo. III. c. xliii. intituled, " An act for 54 Geo. iii. c. xliii. the better management and relief of the poor in the parish of Lewisham, in the county of Kent, and for better assessing and collecting the parochial rates in the said parish." Li the clause (Sect. \1 ) relating to a composition with the landlords of houses., under a certain rent, ^c. for the parochial taxes., the power to compound is restricted from extending, in the case of the p>eople called Quakers, to "Ecclesiastical, or church rates." By 55 Geo. III. c. xcvi. intituled "An act for 55 Geo. m. c. xcvi. building a new church, and also a workhouse, in the 182 parish of Bathwick, in the county of Somerset." Sect. 33. And be it further enacted, that if any person being one of the people called Quakers, shall be assessed to any rate that shall be made under this act, it shall be lawful for the said trustees, and they are hereby required, to compute and ascertain what proportion the whole of such rate is for or in respect of the building and completing the said new church, and what proportion of the same is for or in respect of the building of the said workhouse, and accord- ing to such proportions, to fix and determine what part of the assessment on such Quaker shall be for or in respect of each of the said two purposes, and the collector to be appointed as aforesaid shall there- upon make the demand upon such Quaker for such two parts separately : provided always, that either part of such assessment may and shall be recovered by the same means, and under the same authority, and also may and shall be appealed against in the same manner, as the whole of such assessment might have been, if it had not been so divided. 5f>Geo. 111. By 56 Geo. III. c. v. intituled "An act for the better assessing and collecting the poor and other parochial rates in the parish of Mitcham, in the county of Surrey." Sect. 1. In this clause which C. V 183 relates to compounding for rates, it is provided that with any of the people called Quakers the composition shall be for the poor's rates only. By 56 Geo. III. c. Ivi. intituled "An act for 56Geo. iii. c. Ivi. enlarging the church -yard of the parish of St. George the Martyr, in Southwark, in the county of Surrey, and for other purposes relating thereto." Sect. 46. Persons compounding for the poor rates shall he deemed to compound for the rate or rates under the present act, but with this provision, that any of the people called Quakers may claim to be considered as compounding for the poor rates only. By 58 Geo. III. c. xxii. intituled "An act for 68 Geo. in. c xxii. enlarging the church-yard of the parish of Chipping Barnet, in the county of Hertford, and for other purposes relating thereto." By Sect. 53, it appears that Quakers (so called) may compound for the poor's rate, without being considered as compounding for the rate under this act. Note — This must be the meaning^ but the clause is not accurately worded. By 1 and 2 Will. IV. c. iv. intituled "An act i&2Wiii.iv. c. iv. for settling disputed rights respecting tithes within the parish of Ashton-under-Lyne, in the county 184 Palatine of Lancaster, and for fixing certain annual payments in lieu thereof." (Local and" personal.) Sect. 2 provides for the regular payment of the yearly rents to the rector and his successors on a certain day in the year by the owners or occupiers of farms, tabids., and tenements chargeable with ihe said yearly rents., and every such oivner or occupier making default of such payment on the day appointed., not being one of the people called Quakers., shall forfeit arid pay the sum of tivo shillings and sixpence in addition to the said respective yearly rents or sums. 3 Will. IV. By 3 Will. IV. c. xxxiii. intituled " An act to alter and amend an act of the 53 Geo. III. for better assessing and collecting the poor and other rates in the parish of Saint Giles, Camberwell, in the county of Surrey and regulating the affairs thereof and for other purposes relating thereto, f Local and per- sonal.) Sect. 4 Relates to a composition with the land- lords of houses under a certain rent., 6fc. for the parochial taoces., in ivhich authority is given to com- pound ivith any of the people called Quakers for the poor rates and hightvay duty only. See also Sect. 5 to the same purport. C. XXXlll. 1 iN D E X. Abjuration, see Oaths. Affirmation, Friends instead of oaths to make affirmation, 32, 43. form of affirmation, 44. penalty for false affirmation, 33, 41, 43. affirmation for persons who have been Friends, 47, 48. See Oaths, Seceders. Allegiance, see Oaths. Annual Training, certain persons not exempt, 104- Friends, on production of certificate, exempted on payment of fine, 105. form of such certificate, 84, note. fine to he levied by distress, 106. if no goods, Friends may be committed, 106. justices may appoint deputies to Fineuds who are constables, &c., 106. general and subdivision meetings may appoint constables out of persons exempt from service, 107. Apprentice, not exempt from annual training, 104. exempt from the regular militia, 90. Articled Clerk, not exempt from annual training, 104. exempt from the regular militia, 90. Baggage, conveyance of, 124. penalties, 125. Births, see Registers. Burial Registers, particular provision for those of Friends being evidence in a certain case, 152. Charitable Donations, Friends exempted from registering of, 1 58. 188 Charities, for the education of the poor, 158, 159. Friends exempted from the inquiries of the Commissioners, 159. act not to extend to institutions or societies for charitable purposes, principally supported by voluntary contribu- tions, 159. no lands or personal estate to be laid out in lands to be given or settled to any charitable use, unless by deed twelve months before the death of the donor or grantor and enrolled, 160. if stock, to be transferred six months before death, 161, 162. death of donor or grantor not to affect purchases for a valu- able consideration, 162. gifts, &c. contrary to the provisions of the act to be void, 162. purchases for valuable consideration rendered valid, though not enrolled, 163. act not to give effect to any assurance avoided by law, nor to affect any suit then pending, 165. not to extend to future purchases, 165. Christian Belief, see Declaration. Christmas Day, note relative to the observance of, 170. Church Rates and other Ecclesiastical demands, particular exemptions of Fi'iends in being collectors, 173. provisions relating to compounding for, 180. meeting-houses exempted from poor and church rates, 19. payment of poor rates to qualify for voting in election of guardians of the poor, 67. See Tithes. Churchwardens, Friends not compellable to serve, 166. particular exemptions of Friends, 177. CoNSTABIxES, exempt from military service, 90, 112. See Annual Training, Baggage, Militia, Local Militia. Corporations, see Ofl&ces. 189 Deaths, see Registers. Declaration, against popery, 7, note against transubstantiation, 30, note, of fidelity, 39. of Christian belief, 8. of ajQ5rmation, 44, 48. to the effect of the oath of abjuration, 45. See Offices. Deputy Lieutenants, Annual Training, Local Militia, Militia. Discipline, meetings of, recognised, 5, note. Distress, cost of, for tithe and Church rates under ^20. limited, 67. table of costs, 69. See Annual Training, Local Militia, Militia, Tithes. Divine Service. laws for, in force, IL Ecclesiastical Courts, excommunication discontinued, 65, note. See Tithes. Education of the Poor, Commissioners to enquire concerning charities for, 1 58, 1 59. Fast Days, &c. See Christmas Day. Fidelity. See Declaration, Oaths, Toleration. Good Friday. See Christmas Day. Guardians of the Poor. See Poor and other Rates, Imprisonment for ecclesiastical demands abolished, 70. Justices of the Peace, may require persons to take the oaths, &c. mentioned in the Act of Toleration, 6. may appoint deputies to Friends who are constables for military purposes, 86, 106, 109. may levy by distress the amount of military rates, 89, 101, 106,112. may require disaffected persons to take the oaths, 34. may summon Friends refusing to pay tithes, 56, 59. may le\y amount by distress, 57, 60. 190 appeal against order of, to quarter sessions, 57. See Annual Training, Local Militia, Militia, Oatlis, Tithes. Local Acts, provisions in, relating to Friends, 172. Local Militia, provisions of other acts to extend to, 107. men to be balloted for, out of militia lists, 108. penalty for neglecting to appeal to lists, 1 09 . justices may appoint deputies to Friends who are consta- bles, &c., 109. parishes may offer volunteers, 110. rate may be made for paying volunteers, 110. justice to levy amount of rate by distress, 112. costs against Friends refusing to pay rate, 1 20. who shall be deemed Friends, 120. certain persons exempt from rate, 112. persons aggrieved by rate may appeal, 112, certain persons exempt from service, 112. persons ha^nng paid fine, or suffered distress, how long exempt, 113. persons chosen, unfit for service, exempted, 121. persons balloted, and not appearing, to be fined, 1 1 3. fines to exempt for two years, 115. persons claiming exemption on payment of smaller fines, 115. declaration that they have not insured against fine, 116. penalty for insuring, 116, note. Friends on production of certificate, not to be enrolled, but subjected to certain fines, 117. form of such certificate, 84, note, fines to be levied by distress, 118. if no goods or chattels, deputy-lieutenants, &c. may commit the Friend to prison, 119. persons to serve where their names are first inserted in the lists, 119. mode of providing carriages, 121. overseers to pay sums for men deficient out of poor rates, 1 22. persons aggrieved may appeal, 122, 123. 191 lists not irregular on account of mistakes of names, 123. in Scotland, 107, note, London, militia of, 98. Marriage, several marriage acts not to extend to Friends, 127, 128. Friends may solemnize marriages according to their usages, 128. such marriage good in law, 128. notice in the form given in the act, to be given to the Super- intendent Registrar of the District within which the parties shall have dwelt for not less than seven days, or if livinw in different districts, to the Superintendent Registrar of each district, 128. form of notice, 134. Superintendent Registrar to file and preserve such notices, and enter a copy in a book called the Marriage Notice Book, 129. book open to inspection without fee, 130. Superintendent Registrar to give certificate of snch notice,! 30. issue of certificate may be forbidden, 131. no marriage, except by license, to be solemnized till twenty- one days after notice, 131. if by license, not till seven days after notice, 132 if marriage not had till three months after notice aU the pro- ceedings void, 132. Superintendent Registrars certificate, or if notice in two districts, the certificate of each Superintendent, or license, if any, to be delivered to the Registering Officer of Friends for the place where the marriage is solemnized, 1 32. persons unduly solemnizing marriages guilty of felony, 1 33. Friends marriages may be solemnized in a District in which neither party resides, 135. declaration that all marriages among Friends prior to 1st of Seventh Month, 1837, were and are good in law, 136. See Registers. Meetings, Disturbers of, how punished, 11, 17. 192 for discipline, may be select, 5, note. act relating to religious assemblies not to extend to Friends,! 5. seditious meetings, exceptions, 15. exemption from turnpike tolls in attending usual place of worship, 17. no exemption within five miles of Royal Exchange or Westminster Hall, 18. See Meeting Houses, Toleration. Meeting Houses, not to be locked, &c. during time of meeting, 4. to be certified at the quarter sessions, 12. note respecting certifying, 15. where no trust declared of meeting houses, &c., usage for twenty-five years to be evidence, 21. conveyances of meeting houses and burial grounds or of land for these purposes on the first acquisition thereof to be enrolled, 23. purchases for these purposes prior to 9 Geo. IV. c. 85, per- fected, 23. exempted from poor and church rates, 19. See Toleration, Mortmain, Charities. Militia, Notice to house- keepers to deliver lists of persons, 82. penalty on not delivering lists, 83. Friends exempted from making return on producing certi- ficate, 84. form of certificate, 84, note. persons aggrieved by the lists may appeal, 85. penalty on neglecting to appeal, 86. justices may appoint deputies to Friends who are constables, &c., 86. parishes may ofifer volunteers without balloting, 88. overseers may make a rate for payment of bounties to volunteers, 88. on refusal to pay rate, a justice may levy the same, 89. persons exempted from payment of rate, 89. persons aggrieved by the rate may appeal, 89. costs allowed on levying distress on Friends, 92. 193 who shall be deemed Friends, 92. certain persons exempted from service, 90. persons infirm or short of size, 93. Friends being ballotted, deputy- lieutenants to provide sub- stitutes, and levy the expense, 90. sum agreed to be given to any substitute, to be paid by the overseer, and to be repaid to him by distress, 93. if sufficient distress cannot be found, deputy-lieutenants may commit, 91. oppressive measures in making distress, 92. one-half of the value of a substitute to be repaid to certain persons, 95. overseers to pay fines for men deficient, out of the poor rate, 96. mode of providing carriages, 94. militia of the Tower Hamlets, 97. City of London, 98. Stannaries in Devon and Cornwall, 103. Scotland, 82, note. Miners in Cornwall, &c. provision respecting Friends, 103. Mortmain Act, applies to the first acquisition of meeting houses and burial grounds or of land for these purposes, 23. See Charities, Meeting Houses. Nonconformists, certain acts relating to, repealed, 1, note, 14. persons taking certain oaths, &c., not liable to prosecution, 4. laws against nonconformists in force, unless persons go to some assembly authorized by law, 1 ] . provisions respecting persons scrupling the taking of oaths, 7. See Oaths. NONPAROCHIAL REGISTERS, certain registers to be deposited with the Registrar General, 154. Commissioners on Registers to certify and identify the registers deposited, 154. O 194 Registrar General to make lists of the registers, to allow searches, and give certified extracts, 155. Registers deemed to be in legal custody, and receivable in evidence, 156. Registrar General to produce same on order of any compe- tent court, 156. Friends registers in custody of Registrar General, 157. Oaths, persons taking certain oaths, &c., not liable to the penalties enacted against nonconformists, 3, 4. justices authorized to require any person going to meetings, to make declaration against popery, and take certain oaths, 6. penalty for refusal, 6. how purged after refusing to take the oaths, 9. every person to take the oath of allegiance, 24. refusal, 24. penalties repealed, 24, note. persons refusing, incapable of any office, &c., 25. oaths repealed and others appointed, 25. to be taken by the same persons as were required to take the abrogated oaths, 25. before whom oaths are to be taken, 24, 25. persons in office to take the oaths, 26. penalties for refusing to take the oaths, 26, 29, 35. penalty for refusing the declaration against popery, 28. certain penalties repealed, 25, note. parish officers refusing oaths, allowed to act by deputy, 29. persons practising law, &c., 29. Friends subscribing the declaration of fidelity exempted from penalties, 31. form of declaration of fidelity, 39. persons refusing oaths, or Friends refusing to make the declaration of fidelity and affirmation to the effect of the oath of abjuration, to have no vote at elections, 31, 35. Friends allowed to make affirmation instead of an oath, 32, 42. exceptions, 33, 42. 195 penalty for false affirmation, 33, 41, 43. justices may require disaffected persons to take the oaths, 34. penalties for refusal, 34. Friends declaring on their affirmation to the effect of the abjuration oath, not liable to penalties, 36. affirmation instead of abjuration oath, 36, 39, 44. authority for administering affirmation, &c., 40. persons having neglected to take oaths, &c., Indemnified, 41, note. affirmation to be taken in all cases, civil or criminal, instead of an oath, 42, affirmation of Friends permitted in all cases w^here an oath is required, without any exception, 43. form of affirmation as now settled, 44. form of affirmation in lieu of oath of abjuration as now settled, 45. persons who have ceased to be Friends permitted to make affirmation, 47. form of such affirmation, 48. proceedings of the House of Commons in 1833, on a Friend applying to sit on his affirmation, 46. See Justices, Nonconformists, Toleration, Offices. Offices, repeal of acts requiring persons qualifying for offices to take the Sacrament of the Lord's Supper, and enacting declara- tion to be made instead thereof, 49. relieving persons appointed sheriff from the declaration, 49. persons elected mayor, alderman, councillor, auditor or assessor, for any borough, to make declarations, 50. persons elected to any corporate office may resign on pay- ment of fine, 51. no person enabled to make affirmation instead of oath, liable to fine for nonacceptance of office in any borough by reason of his refusing to take an oath, or make any decla- ration required, or to undertake the duties, 52. form of declaration in lieu of the sacramental test to be made by Friends or separatists on taking office in municipal corporations, 52. 196 same, form may be used by Friends or Separatists on taking other specified offices, 53. these provisions not obtained at the instance of Friends, 55, note. Overseers. See Local Militia, Militia. Parochial Rates, acts relating to compounding for, 1 80. Popery. See Declaration. Poor Men, certain poor men exempt from military service, 90, 112. Poor. See Charities. Poor and other Rates, meeting houses exempted from poor and church rates, 19. payment of poor rates to qualify for voting in election of guardians of the poor, 67. local acts relating to compounding for, 180. Pr^munire, explanation, 24, note. Registers, father or mother of every child born, or occupier of house in which a child shall have been born, shall within forty- two days give information to the Registrar of the District, 137. children bom at sea, 137. no Registrar to register a birth after forty-two days, except within six months, on a solemn declaration of the par- ticulars, and in the presence of the Superintendent Regis- trar, 138. births not to be registered after six months, 139. some person present at death or in attendance during illness, or occupier of the house, or some inmate of it, within eight days to give information to the Registrar, 140. in case of an inquest, jury to inquire the particulars, and the coroner to inform the Registrar, 141. registry of persons dying at sea, 141. Registrar to give to undertaker or other person having charge of funeral, a certificate of the registry, 142. 197 if buried without such certificate, the person who shall bury- to give notice to Registrar, 142. in case of an inquest, coroner may order body to be buried before registry, 142. penalty on burying without a certificate, and omitting within seven days to give notice, 142. informant of any birth or death to sign name, &c., in Register, 143. Registrar General to furnish to every person whom the Recording Clerk of Friends shall certify to be a regis- tering officer of the Society, Marriage Register Books, and forms for certified copies, 143. Reo-istering Officer of Friends shall, immediately on a mar- riage in his District, register the particulars in two of the said books, 1 44. Reo-istering Officer to make and deliver to the Superinten- dent Registrar quarterly, a copy of all the entries of marriages in the books, and if no entry, to certify that fact, 145. penalty for neglect, 151. when Reo-ister Books filled, to deliver one to the Superinten- dent Registrar, and the other to be under the care of Friends, 146. Registering Officer to allow searches to be made in the Register Books, and give certified copies of any entry therein, 147. Superintendent Registrar to make and keep indexes of the Register Books in his office, to allow searches, and give certified copies of entries, 147. Registrar General the like, 148. penalty for persons giving false information relative to any birth, death or marriage, 148. penalty for not duly registering any marriage, birth or death, or losing or injuring Registers, 149. penalty for destroying or falsifying Register Books, 149. accidental errors may be corrected, 150. certificates of burials of Friends to be admitted in certain cases, 152. See Non Parochial Registers. 200 who are required to tender and administer such oaths and declaration, 3. persons taking said oaths and declaration not liable to pro- secution for nonconformity, 4. justices may require persons to take said oaths, &c., 6. persons scrupling the taking an oath, how exempted, 7. how purged after refusal, 9. disturbers of meetings, how punished, 11. toleration confirmed,, 12. benefit of the act of Toleration extended, 13. persons who have omitted to take oaths and declarations indemnified, 9, note. See Nonconformists, Oaths. Tolls, exemption from turnpike toUs in attending usual place of worship, 17. no exemption within five miles of Royal Exchange or "Westminster Hall, 18. Tower Hamlets, militia of the, 97. Transubstantiation. See Declaration. Warrant. See Justices, Local Militia, Militia, Tithes. BlOHARD Barrett, Printer, 13, Mark Lane, London. This book is due two weeks from the last date stamped below, and if not returned at or before that time a fine of five cents a dav will be incurred. i COLUMBIA UNIVERSITY 0035522208 3*5^. ^^ BRITTLE DO NOT PHOTOCOPY ,AM2 1934