No. 7.

lant, 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 7 & 8 W. III. c. 6. Proceedings, or Judgement had, or to be had by virtue of this Act, shall be removed or superseded by virtue of any Writ of Certiorari, or other Writ out of His Majesty's Courts at Westminster, or any other Court whatsoever, unless the Title of such Tithes, Oblations, or Obventions, shall be in question; any Law, Statute, Custom, or Usage, to the contrary notwithstanding.

Judgment.

VIII. Provided always, and be it enacted, That where any Per- Persons complainson or Persons complained of for substracting or withholding any ed of insisting on small Tithes, or other Duties aforesaid, shall, before the Justices of any Composition, &c. and giving Sethe Peace to whom such Complaint is made, insist upon any Prescrip- curity to pay Costs. tion, Composition, or Modus decimandi, Agreement, or Title, where- Justices not to give by he or she is or ought to be freed from Payment of the said Tithes, or other Dues in question, and deliver the same in Writing to the said Justices of the Peace, subscribed by him or her, and shall then give to the Party complaining reasonable and sufficient Security, to the Satisfaction of the said Justices, to pay all such Costs and Damages, as upon a Trial at Law to be had for that Purpose, in any of His Majesty's Courts having Cognizance of that Matter, shall be given against him, her, or them, in case of the said Prescription, Composition, or Modus decimandi, shall not upon the said Trial be allowed; that in that Case the said Justices of the Peace shall forbear to give any Judgement in the Matter; and that then and in such Case the Person or Persons so complaining shall and may be at Liberty to prosecute such Person or Persons for their said Substraction in any other Court or Courts whatsoever, where he, she, or they might have sued before the making of this Act; any Thing in this Act to the contrary notwithstanding.

the Clerk of the

IX. And be it further enacted by the Authority aforesaid, That Judgment to be every Person and Persons, who shall by virtue of this Act obtain any inrolled at the Judgement, or against whom any Judgement shall be obtained, before next Sessions by any Justices of the Peace out of Sessions, for small Tithes, Oblations, Peace, &c. Obventions or Compositions, shall cause or procure the said Judgement to be inrolled at the next General Quarter Sessions to be holden for the said County, City, Riding or Division; and the Clerk of the Peace for the said County, City, Riding, or Division, is hereby required, upon Tender thereof, to inrol the same; and that he shall not ask or receive for the Inrolment of any One Judgement any Fee or Reward exceeding One Shilling; and that the Judgement so inrolled, and Satisfaction made by paying the same Sum so adjudged, shall be a good Bar to conclude the said Rectors, Vicars, and other Persons, from any other Remedy for the said small Tithes, Oblations, Obventions or Compositions, for which the said Judgement was

obtained.

Justices may cer

X. And be it further enacted by the Authority aforesaid, That if any Person or Persons, against whom any such Judgement or Persons removing, Judgements shall be had as aforesaid, shall remove out of the County, if the Judgment, Riding, City, or Corporation, after Judgement had as aforesaid, and &c. before the levying the Sum or Sums thereby adjudged to be levied, the Justices of the Peace who made the said Judgement, or One of them, shall certify the same, under his or their Hands and Seals, to any Justice of Peace of such other County, City or Place, wherein the said Person or Persons shall be Inhabitants; which said Justice is hereby authorized and required, by Warrant under his Hand and Seal, to be directed to the Constables or Churchwardens of the Place, or One of them, to levy the Sum or Sums so adjudged to be levied, as aforesaid, upon the Goods and Chattels of such Person or Persons, as fully as the said other Justices might have done, if he, she, or they, had not

removed as aforesaid; which shall be paid according to the said 7 & 8 W. III. c. 6. Judgement.

No. 7.

Costs not excecd. ing 10s.

XI. Provided always, and be it enacted, That no Vicar or other Person shall have Remedy to recover small Tithes, or other Dues aforesaid, which became or were due before the making of this Act, unless Complaint be made to the Justices of the Peace in Form aforesaid, before the First Day of October, which shall be in the Year of our Lord One Thousand Six Hundred Ninety-six.

XII. And it is hereby declared and enacted, That the said Justices Justices may give of the Peace, who shall hear and determine any of the Matters aforesaid, shall have Power to give Costs, not exceeding Ten Shillings, to the Party prosecuted, if they shall find the Complaint to be false and vexatious; which Costs shall be levied in Manner and Form aforesaid.

Double Costs.

XIII. Provided also, and be it further enacted, That if any Person or Persons shall be sued for any Thing done in Execution of this Act, and the Plaintiff in such Suit shall discontinue his Action, or be nonsuit, or a Verdict pass against him, that then, in any of the said Cases, such Person or Persons shall recover Double Costs.

XIV. Provided always, That any Clerk, or other Person or PerSuits for Tithes sons, who shall begin any Suit for Recovery of Small Tithes, Oblanot exceeding 40s: tions or Obventions, not exceeding the Value of Forty Shillings, in His Majesty's Court of Exchequer, or in any of the Ecclesiastical Courts, shall have no Benefit by this Act, or any Clause in it, for the same Matter for which he or they have so sned.

to have no Benefit by this act.

Act to continue three Years.

XV. Provided always, and be it further enacted, That this Act shall continue for the Space of Three Years, and from thence to the End of the next Session of Parliament, and no longer. [Made perpetual 3 Ann. c. 18.]

7 & 8 W. III. c 34.

c. 1.

1 W. & M.c.18.

No. 8.

7 and 8 William III. c. 34.-An Act that the solemn Aifirmation and Declaration of the People called Quakers, shall be accepted instead of an Oath in the usual Form.

WHEREAS Courts of Justice and

HEREAS divers Dissenters, commonly called Quakers, refusing to take an Oath in Courts of Justice and other Places, 13 & 14 Car. 3, are frequently imprisoned, and their Estates sequestred, by Process ' of Contempt issuing out of such Courts, to the Ruin of themselves and Families' For Remedy thereof be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Fourth Day of May, which shall be in the Year of Our Lord One Thousand Six Hundred Ninety-six, every Quaker within this Kingdom of England, Dominion of Wales, or Town of Berwick upon 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 these Words following, viz.

Quakers to make

the following Affir mation,

Carthew, 448.

8 Geo. 1, c. 6.

I A. B. do declare, in the Presence of Almighty God, the Witness of the Truth of what I say.'

No. 8.

C. 34

II. Which said solemn Affirmation or Declaration shall be adjudged and taken, and is hereby enacted and declared to be, of the same 7 & 8 W III. Force and Effect to all Intents and Purposes, in all Courts of Justice which is to be of and other Places where by Law an Oath is required within this the same Force in Kingdom of England, Dominion of Wales, or Town of Berwick upon Law as an Oath. Tweed, as if such Quaker had taken an Oath in the usual Form.

III. And be it further enacted by the Authority aforesaid, That if any Quaker, making such solemn Affirmation or Declaration, shall be lawfully convicted, wilfully, falsly, 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

Penalty on false

Affirmation.

If Quakers refuse

to pay Tithes, &c

what is duc. muy

IV. And whereas by Reason of a pretended Scruple of Con'science, Quakers do refuse to pay Tithes and Church Rates;' be it enacted by the Authority aforesaid, That where any Quaker shall re- Justices, on stating fuse to pay or compound for his great or small Tithes, or to pay any compel them thereChurch Rates, it shall and may be lawful to and for the Two next to, if the Sum be Justices of Peace of the same County (other than such Justice of the under 101. Peace as is Patron of the Church or Chapel, whence the said Tithes See 1 Bur. 485. do or shall arise, or any ways interested in the said Tithes) upon the Complaint 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 pay or compound for the same, and to examine upon Oath (which Oath the said Justices are hereby impowered 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 Payment thereof, so as the Sum ordered, as aforesaid, do not exceed Ten Pounds; 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 Distress and Sale of the Goods of such Offender, his Executors or Administrators, rendring only the Overplus to him, her, or them, necessary Charges of distraining being thereout first deducted and allowed by the said Justice; and any Per- Persons aggrieved son finding hin, her, or themselves aggrieved by any Judgement may appeal to the given by such Two Justices of the Peace, shall and may appeal to the Quarter Sessions, next General Quarter Sessions to be held for the County, Riding, determine. City, Liberty, or Town Corporate; and the Justices of the Peace there present, or the major Part of them, shall proceed finally to hear and determine the Matter, and to reverse the said Judgement, if they shall see Cause; and if the Justices then present, or the major Part of them, shall find Cause to continue the Judgement 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 Judgement had or to be had by be superseded by virtue of this Act, shall be removed or superseded by any Writ of Certiorari. Certiorari, or other Writ out of His Majesty's Courts at Westminster, or any other Court whatsoever, unless the Title of such Tithes shall be in Question.

who are finally to

No Judgment to

No. 8. 7 & 8 W III

c. 34.

Quakers not to

V. Provided always, That in case any such Appeal be made as aforesaid, no Warrant of Distress shall be granted until after such Appeal be determined.

VI. Provided, and be it enacted, That no Quaker or reputed gve Evidence in Quaker shall by virtue of this Act be qualified or permitted to give eininal Causes, Evidence in any criminal Causes, or serve on any Juries, or bear any Office or Place of Profit in the Government; any Thing in this Act contained to the contrary in any wise notwithstanding

&c.

This Act Was VII. Provided, That this Act shall continue in Force for the made perpetual by 1 G. s. 2, co, Space of Seven Years, and from thence to the End of the next but is altered by Session of Parliament, and no longer.

G. I, st 2 c 15.

see 4, and 8 G. 1,

11 & 12 W. III c. 16

27 H. 3, c. 20. 3 W. & M. c. 3.

No. 9.

11 & 12 William III. c. 16.-An Act for the better ascertaining the Tithes of Hemp and Flax.

WHEREAS an Act made in the Third Year of the Reign of his

Majesty and the late Queen, intituled, An Act for the belter ascertaining the Tithes of Hemp and Flax, was made to continue but for seven Years, and to the End of the next Session of Parlialiament after such Term ended, and is now expired: And whereas the said Act hath by Experience been found very useful and necessary; Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the five and twentieth Day of March which shall be in the Year of our Lord One Thousand Seven Hundred, all and every Person or Persons who shall sow or cause to be sown any Hemp or Flax in any Parish or Place in the Kingdom of England, Dominion of Wales, and Town of Berwickpay 59 per Acre. upon-Tweed, shall pay or cause to be paid to every Parson, Vicar, or Impropriator of any such Parish or Place, yearly and every Year, the Sum of five Shillings, and no more, for each Acre of Hemp and Flax so sown, before the same be carried off the Ground, and so proportionably for more or less Ground so sown; for the Recovery of which Sum or Sums of Money, the Parson, Vicar, or Impropriator, shall have the common and usual Remedy allowed of by the Laws of the Land.

Ground sown with

Fax or Hemp, to

Not to alter Pay

Hemp or Fiax bes

II. Provided, That this Act, or any Thing therein contained, shall not extend to charge any Lands discharged by any Modus Decimandi, ancient Composition, or otherwise discharged of Tithes by Law.

III. Provided always, That Nothing herein contained shall exment of Tithes for tend, or be construed to extend, to make any Alteration in the Ground sowa with Right or Manner of Payment of Tithes of Flax and Hemp to any tween Feb 1684, Ecclesiastical Person, Incumbent of any Parsonage, Vicarage, or and 2 Feb 1091. Curacy, or to any Impropriator or Body Corporate, having or holding any Impropriation, for such Ground as hath at any Time since the second Day of February One Thousand Six Hundred Eighty-four, and before the second Day of February One Thousand Six Hundred Ninety-one, been sown with Flax or Hemp, and paid Tithe in Kind to such Incumbent, Impropriator, or Body Corporate respectively, but that the same shall continue and be payable and paid, as full and in such Manner as formerly; any Thing in this Act to the contrary notwithstanding.

No. 9.

c. 16.

IV. Provided, That this Law shall continue in Force for seven Years, to be accounted from the said five and twentieth Day of 11 & 12 W. III. March, and from thence to the End of the next Sessions of Parlia- Act to continue ment, and no longer. [Made perpetual by 1 Geo. I. stat. 2, seven Years. cap. 26, sect. 2.]

No. 10.

1 George I. Stat. 2, c. 6.-An Act for making perpetual an Act of the seventh and eighth Years of the Reign of his late Majesty King WILLIAM the Third, intituled, An Act that the Solemn Affirmation and Declaration of 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.

P.

c. 6, sec. 2.

7 & 8 W. III.

c. 34.

II. And whereas by the said Act made in the seventh Year of Geo. I Stat £. the Reign of King WILLIAM the Third, a Remedy is provided for the Recovery of Tithes and Church-rates, where any Quaker should Clause for the Rerefuse to pay the same: Be it enacted by the Authority aforesaid, covery of Tithes, That such Remedy shall be and is hereby extended, and the like &c. from Quakers. Remedy shall and may be had and used against any Quaker or Quakers for the Recovering of any Tithes or Rates, or any customary or other See 1 Bur. 485. 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 Justices of the Peace of the same County or Place, other 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 Church-warden or Chapel-warden, or other Person who ought to have, receive or collect any such Tithes, Rates, Dues or Payments, as aforesaid, are hereby authorized and required to summon in Writing, under their Hands and Seals, by reasonable Warning, such Quaker or Quakers, against whom such Complaint shall be made, and after his or their Appearance, 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, 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.

No. 11.

53 George III. c. 127.—An Act for the better Regulation of Ecclesiastical Courts in England; and for the more easy Recovery of Church Rates and Tithes.

[Inserted post Part IV. Title ECCLESIASTICAL COURTS.]