Page:Ruffhead - The Statutes at Large - vol 3.djvu/690

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^34 ^* 35* Anno feptimo & odavo Gut lEtki III. A. D. 1606. '" by Law an Oath is required, fhall, inftead of the ufual Form, be permitted to make his or her Solemn ii Carthew 448. Affirmation or Declaration in thefe Words following, viz. 1 ? Geo. I. c. 6. 'I J, B. do declare, in the Prefehce of Almighty God, the Witnefs of the Truth of what I fay.' which IS to be jj_ Which faid folemn Affirmation or Declaration fliall be adjudged and taken, and is hereby enacSed Force'^in tlwas ^"^ declared to be, of the fame Force and EfFeft, to all Intents and Purpofes, in all Courts of Juftice and an Oath. Other Places where by Law an Oath is required within this Kingdom of England, Dominion of Wales or Town of Berzuick upon Tweed, as if fuch Quaker had taken an Oath in the ufual Form. ' Penalty on falfe HL And be it further enaded by the Authority aforefaid, That if any Qiiaker, making fuch folemn Af- .Affirniation. firmation or Declaratioii, fliall be lawfully convifted, wilfully, falfly, and corruptly to have affirmed or declared any Matter or Thing, which, if the fame had been in the ufual Form, would have amounted to wilful and corrupt Perjury ; every fuch Quaker fo offending fhall incur the fame Penalties and Forfeitures as by the Laws and Statutes of this Realm are enafted againft Perlbns convi£led of wilful and corrupt Perjury. If Quakers re- ' IV. And whereas, by reafon of a pretended Scruple of Confcience, Quakers do refufe to pay Tithes fufa to pay « ^.nA Church Rates;' Be it enafted by the Authority aforefaid. That where any Qiiaker fhall refui^ to Tuftices ^n fta- ^^ ° compound for his great or fmall Tithes, or to pay any Church Rates, it fhall and may be lawful to ting wh'at°iG due ^"^ for the two next Juflices of Peace of the fame County (other than fuch Juftice of the Peace as is Pa- may compel tron of the Church or Chapel, whence the faid Tithes do or fhall arife, or any ways interefted in the faid them thereto, if Tithes) upon the Complaint of any Parfon, Vicar, Farmer, or Proprietor of Tithes, Churchwarden or the Sum be un- Churchwardens, who ought to have, receive, or colle£t thefame, by Warrant under their Hands and Seals " '° ■ to convene before them fuch Quaker or Quakers neglecting or refufing to pay or compound for the fame' and to examine upon Oath (which Oath the faid Juftices are hereby impowered to adminiflerj or in fuch Manner as by this Ail is provided, the Truth and Juftice of the faid Complaint, and to afcertain and ftate what is due and payable by fuch Quaker or Quakers to the Party or Parties complaining, and by Order under their Hands and Seals to diredl and appoint the Payment thereof, fo as the Sum ordered, as afore- faid, do not exceed ten Pounds ; and upon Refufal by fuch Qiiaker or Q_uakers to pay according to fuch Order, it fiiall and may be lawful to and for any one of the faid Juftices, by Warrant under his Hand and Seal, to levy the Money thereby ordered to be paid, by Diftrefs and Sale of the Goods of fuch Offender, his Executors or Adm.iiiiftrators, rendring only the Overplus to him, her, or them, neceffary Char<'es of Terfons aggriev- diftraining being thereout firft deducted and allowed by the faid Juftice ; and any Perfon finding him, her, th ^O ^i^^' '^° °^ themfelves aggrieved by any Judgment given by fuch tv/o Juftices of the Peace, fhall and may appeal to Seffionr'vvho ^^^ "^^^^ General Qiiarter-Seffions to be held for the County, Riding, City, Liberty, or Town Corporate; are finai'iy to de- and the Juftices of the Peace there prefent, or the major Part of them, fhall proceed finally to hear and termine. determine the Matter, and to reverie the faid Judgment, if they fhall fee Caufe ; and if the Juftices then If Judgment be prefent, or the major Part of them, fhall find caufe to continue the Judgment given by the firft two Juf-

  • i"ecofts' " '■'^^^ °^ Peace, they (hall then decree the fame by Order of Seffions, and fliall alfo proceed to give fuch

give s. Cofts againft the Appellant, to be levied by Diftrefs and Sale of the Goods and Chattels of the faid Ap- No judgment to pellant, as to them fhall feem juft and reafonable ; and no Proceedings or Judgment had or to be had by be fuperfeded by yirj-ye of this Ad fhall be removed or fuperfeded by any Writ of Certiorari or other Writ out of His Ma- ertiorari. jefty's Courts at Wejlminfter, or any other Court whatfoever, unlefs the Title of fuch Tithes fhall be in Queftion. No Diftrefs till V- Provided always. That in cafe any fuch Appeal be made as aforefaid, no Warrant of Diftrefs fhall Appeal be deter- be granted until after fuch Appeal be determined. mined. VI. Provided, and be it enafted. That no Qiiaker or reputed Quaker fhall by virtue of this Aft be qua- Quakerenotto ]i|^gjj q^ permitted to give Evidence in any criminal Caufes, or ferve on any Juries, or bear any Office or crimi^nal Cau'fes P^^ce of Profit in the Government ; any thing in this Ait contained to the contrary in any wife notwith- &c. ' ftanding. This Afl was VII. Provided, That this hSi. fhall continue in Force for the Space of feven Years, and from thence to made perpetual ^^ £,-,£} gf {^g next Seffion of Parliament, and no longer. by I Geo. i, , fct. a. c. 6. but Is altered by i Geo. i. ftat. a. c. 13. § 4. and 8 Geo. i. c. 6. Farther Promfwm concerning fakers, 12 Gei>. a. c, 13. la Geo. z. f.46 CAP. XXXV. An Aft for the enforcing the Laws which reftrain Marriages without Licence or Banns, and for the better regiftring Marriages, Births, and Burials. 5^6 w, & M. ' '«T 7 HE RE AS by an A£l of Parliament made in the fifth and fixth Years of the Reign of His Ma- ■ c. ai. ' VV jefty King William, and the late Qiieen Mary of Blefled Memory, intituled, Jn ASi for ' granting to their Iidajefties fever al Duties upon Vellum., Parchment, and Paper, for four Years, toivards car- ' rying 07i the War againfl ^ xmvzt, it is amongft other Things enafted. That a Duty or Impofition of five ' Shillings fhall be rated, levied, collefted and paid, for every Piece of Paper or Parchment, upon which ' any Licence or Certificate of Marriage fhould be written or ingroffed : And v/hereas by a Claufe in an- 6&7W. 3.C.6. ' other AcS of Parliament made in the fixth and feventh Years of HisMajefty's Reign, intituled, Jin AB 4.52. '■ for granting to His Majefly certain Rates and Duties tipon Marriages, Births, and Burials, and upon Batche- ' lors and Widoivcrs, for the Term of five Tears, for carrying on the War againft France luith Vigour, it is ' amongft other Things enacted and provided, That no Perfon fhall be married at any Place pretended to ' be exempted from the Vifitation of the Bifhop of the Diocefe, without a Licence firft had and obtained, ' except the Banns fhall be publifhed and certified according to Law ; and that every Parfon, Vicar, and ' Curate,