affirmation; but on a charge of treason or felony, preferred against either, the benefit of unsworn testimony is not extended to them, by any statutory provision(a).

2. Of Oaths to Government.

lieu of the

QUAKERS and Moravians are enjoined, in lieu Provision in of the oaths to government, to make a declaration of oaths of alfidelity (6), an affirmation of abjuration (c), and a legiance, profession of Christian belief (d), to which is added &c. the common declaration against transubstantiation.

These, when lawfully required, must be taken, made, and entered, at the general quarter sessions of the peace for the county, city, or place of residence of the party qualifying; who is thereupon exempted from the penalties of the statutes enumerated in the 13th section of the Toleration Act, and entitled to the full benefit of that act, equally with other Protestant Dissenters (e).

3. Of Tithes.

It is provided, on behalf of Quakers (f) objecting Provisions respecting to pay or compound for any tithes, rates, customary, tithes, &c. or other rights, dues, or payments belonging to the Established church, that when any such, by law and

The 15 Geo. III., c. 38, has
been quoted as conferring on
Quakers a right of affirmation
whenever a penalty is to be le-
vied; but the title and pream-
ble shew the intention to be
merely to invest a justice with
the power of administering it
in those special cases, in which
the right had existed on the
one hand without a commen-
surate power on the other.
(a) Cowp. 391.

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(b) 8 Geo. I., st. 2, c. 6, s. 1.

(c) Ibid. s. 3. As to Moravians, 22 Geo. II., c. 30.

(d) 1 W. & M., ss. 1, c.

18, s. 13.

(e) 1 W. & M., ss. 1, c. 18, s. 13.

(f) 7 & 8 Wm. III., c. 34, 1 Geo. I., c. 6, and 27 Geo. 11., c. 20, amended and confirmed by 53 Geo. III., c. 127.

Order of justices to distress.

custom, payable for the stipend or maintenance of any minister or curate, officiating in any church or chapel, amounting to a sum not exceeding 501., are due, any justice of the peace of the county or place (other than the patron or person interested in the same), on complaint of any parson, vicar, curate, farmer, or proprietor of, or entitled to receive or collect such tithes, rates, dues, or payments, respectively, may, and is required to summon, by writing, under his hand, and seal, with reasonable warning any Quaker refusing to pay or compound for the same, to appear before any two or more justices of the peace of the county or place aforesaid, and, on his appearance, or in default of his appearance, the warning or summons being proved on oath, they are empowered to examine on oath or affirmation, the truth of the complaint, to ascertain what is due, and, by order, under their hands and seals, to direct its payment: and on refusal to obey the order, it is lawful for one of the said last-mentioned justices, by warrant under his hand and seal, to levy the money by distress and sale of the goods (a) of the offender, his executors or administrators, rendering only the surplus, after deducting the necessary costs and charges of making the distress, not exceeding the sum of 1Cs.; and any

(a) No auction duty is payable on these sales; 19 Geo. III., c. 56. The plaintiff's costs in the court of Exchequer, in suits for tithes, being very considerable, and the Ecclesiastical courts in such cases affording no adequate remedy, it was the obvious intention of the legislature, in providing a

summary process, to accommodate both parties. Some cases have occurred, in which special acts have been passed, liberating persons confined for non-payment of tithes, and authorising the sum due to be paid out of their effects. 28 Geo. II., c. 13, and 37 Geo. III., c. 112.

person aggrieved by such judgment, may appeal to Appeal.
the next general quarter sessions, and the justices there
present, or the major part of them, may reverse or af-
firm the said judgment, and in case of affirmation,
give costs against the appellant, to be levied by dis-
tress and sale; and these proceedings cannot be re-
moved or superseded by any writ of certiorari, or
other writ whatsoever, unless the title to such tithes,
dues, or payments comes in question; and in
case of appeal, no warrant of distress may be grant-
ed, until after such appeal is determined (a). The
time for bringing actions to recover penalties for not
setting out tithes, and instituting suits in'an equity, or
ecclesiastical court, to recover the value of tithes, is
limited to six years (b).

4. Of Military Service.

QUAKERS being prevented by their scruples from Provisions in respect of voluntary contributing, either personally or otherwise, military serto the military service, the following provisions have vice. been made in that behalf.

militia.

If a Quaker neglects or refuses to serve in the Regular militia (c), when embodied, or to provide a fit substi- Substitute. tute, any two or more lieutenants may provide one for him; and, by warrant under their hands and seals, Distress. levy upon him by distress and sale, such reasonable sum as may be expended in procuring a substitute, together with the expenses of making the distress and sale; and if no goods, or none sufficient can be

(a) A general act of the same import, but applying only to small tithes, offerings, oblations, obventions, and compositions, was passed in 7 & 8 Wm. III., c. 6; renewed in

the same reign; made perpe-
tual by 3 & 4 Anne, c. 18, s. 1,
and extended to the value of
101. by 53 Geo.lII., c.127, s.4.

(b) 53 Geo. IlI., c. 127, s. 6.
(c) 42 (eo. III., c.90. s.50.

Appeal.

Volunteers.

Who Quakers.

found, and it satisfactorily appears to the said deputylieutenants, that the said Quaker is of sufficient ability to pay the sum of 107., being the sum forfeited by other persons for similar instances of neglect and refusal, they may commit him to gaol for the term of three months, or until he pays the expense of procuring a substitute.

In case of supposed oppression in levying the distress, a complaint may be made by the party thinking himself aggrieved, to the next general meeting of the deputy-lieutenants, who are authorised finally to determine the same.

Where a rate is made for providing volunteers (a), and a Quaker refuses to pay his proportion of it, the churchwardens and overseers may lodge a complaint thereof with a justice of the peace, who may order reasonable costs for levying the distress authorised by the Militia Act in case there are only two Quakers so refusing, the costs of each are not to exceed 10s., which sum is reduced to 5s., where the number is more.

No person is to be deemed a Quaker within the meaning of these enactments, unless he produces to the deputy-lieutenants, at a sub-division meeting, a certificate of that fact, under the hands of two respectable householders, being Quakers, dated within three months of the day of its production; and a similar certificate is required to be produced, by householders, being Quakers, to the constable or other officer whose duty it may be to furnish a list of the inhabitants liable to military service (b).

(a) 42 Geo. 3, c. 90, s. 51, this section is adopted by the Local Militia act, s. 53.

(b) 42 Geo. 3, c. 90, ss. 51, 27: ss. 27, 33, are also adopted by 46 Geo. 3, c. 91.

And in case a Quaker is chosen constable, or other- Deputy wise appointed for the purposes of the Militia Act, constable. and neglects or refuses to serve; on his producing a similar certificate, it is lawful for two justices to appoint a deputy for him, who will be invested with the same powers, and liable to the same penalties, as he himself would have been; and on such appointment being made, he is discharged (a).

A similar provision to the last is made in the Act for the defence of the Realm (b); and likewise in the Local Militia Act (c); but in the latter case, the de

Realm.

puty must be above thirty years of age. And by the Act for de20th section of the Act for the defence of the Realm, fence of the a Quaker or Moravian balloted under that act, is exempted from service on producing to the deputylieutenants, at a sub-division meeting, or to any two deputy-lieutenants or justices of the peace, a similar certificate, the householders being Moravians in the latter case, and in either case residing in the same county or place as the person certified, and the deputy-lieutenants or justices may fine the party in a sum not exceeding 77., nor less than 20s., for the year of the ballot, to be levied by distress; and in case no goods can be found, any deputylieutenant or justice has a discretion to imprison the party, for any time not exceeding fourteen days, unless such sum is sooner paid or satisfied; but this act does not extend to the city of London. A

(a) 42 Geo. 3, c. 90, s. 33. Similar provisions have been made in Scotland, by 42 Geo. 3, c. 91, et 52 Geo. 3, c. 68.

28.

27.

(b) 46 Geo, 3, c. 90, s. 21,

(c) 52 Geo. 3, c. 38, s. 25,

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