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of the same parish, yeoman, together with divers other evil disposed persons, on Sunday last, being the day of
in this present month of ---, wilfully and of purpose did contemptuously come into the said parish church, situate in the said parish of in the said county of
during the time of divine service, and did disquiet and disturb the congregation then and there assembled, by (state the offence) in the said parish church, and by other noises and disturbances, preventing the said A.B. officiating minister as aforesaid, from proceeding in the celebration of divine service; these are therefore in His said Majesty's name to command you the said constables forthwith to apprehend the said E. F. and G. H. and them bring before me at this place, to answer for the said offence and to be further dealt with according to law. And you are hereby also commanded to give notice to the said E. F. and G. H. that if proof of the said offence shall be made before me the said justice, by two sufficient witnesses, on the hearing of the said complaint, then the said E, F. and G. H. will be required to find two sureties, to become bound in a recognizance in the penal sum of £50. conditioned for the personal appearance of the said E. F. and G. H. respectively, at the next general quarter sessions of the peace to be held in and for the said county, then and there to answer for the said offence, according to the form of the statute in this behalf made and provided. Given under my hand and seal, the day of o., 1817.
Information for disturbing a Licensed Dissenter's Meeting.
to wit. Be it remembered that on the day of
in the year of our Lord 1817, at in the said 'county, A. B. of — in the said county, and C. D. of -- in the county aforesaid, severally came before me S. P. Esq: one of His Majesty's justices of the peace in and for the said county, and upon their several corporal oaths gave me the said justice to understand and be informed that on Sunday last, being the instant, one E. F. of
', yeoman, wilfully, willingly and 'of purpose did contemptuously come into a certain chapel of His Majesty's protestant subjects dissenting from the church of England, permitted by act of parliament and duly licensed and registered according to law, situate at
in the said county, and by shouting with a loud voice (or as the fact is), did disquiet and disturb the congregation therein assembled; therefore the said A.B. and C. D. pray of me that such proceedings may thereupon be had against the said E. F. for the said offence, as the statute in that behalf made doth require.
C. D. Exhibited before me, this day of 1,1817.
Commitment for want of Surelies. To the Constable of - in the county of -, and to the Keeper of the Common Gaol at
in the said county. to wit. Whereas it hath been this day duly proved before me S. P. Esq. one of His Majesty's justices of the peace in and for the said county, by A.B. of , and C.D. of ---- in the county aforesaid, that E. F. of in the said county, on the day of instant, wilfully, willingly and of purpose (as in the information); and whereas the said E. F. in pursuance of the said statute is now required by me the said justice to find two sureties, to be bound in a recognizance in the penal sum of £50. conditioned for his personal appearance at the next general quarter sessions of the peace to be held in and for the said county, to answer for the said offence; but inasmuch as the said E. F. hath not found such sureties, these are therefore to require you the said constable forthwith to convey and deliver the said E, F. together with this my warrant, into the custody of the keeper of the said gaol at aforesaid; and you the said keeper are hereby also required to receive the said E. F, into your custody in the said gaol, and him there safely keep until the next general quarter sessions of the peace to be held in and for the said county, or until he shall be from thence discharged by due course of law. Given under my hand and seal, the day of —, 1817.
See ". Dissenters."
QUAKERS. Quakers, where an oath is required, are allowed to make their solemn affirmation. 1. Geo. I. c. 6. but they are not allowed to give evidence in a criminal cause, or to serve on juries, or bear any office under government, unless they take the customary oaths like other protestants. The court of King's Bench will not grant security for the peace upon a quaker's affirmation, nor a rule for an information. A corrupt affirmation incurs the penalties of wilful perjury; and by stat. 22 Geo. II. c. 46, s. 36, a quaker's affirmation shall be allowed in all cases (except criminal), where by any act of parliament an oath is required, though no special provision be made to that effect
By 53 Geo, III. c. 127, extending the provisions of 7 and 8 W. III. and i Geo, 1. it is enacted, that where any quaker shall refuse to pay or compound for their great or small tithes, or to pay any church rates, one justice may receive the complaint, and summon the party to appear before two justices, who may hear and determine the same, so that the sum for which the party is summoned do not exceed £50, such justices may award costs not exceeding 10s. and on refusal to pay they may levy the same by distress warrant; but the party may appeal to the next sessions, and if notice of such
appeal is given, no distress shall be made until the appeal is determined, and no certiorari allowed, unless the title to the tithes comes in question.
Complaint of the Churchwarden against a Quaker for non
payment of a Church Rate.
A. B. churchwarden of the parish of — in the county of - maketh oath and saith, that C. D. of in the said county, yeoman (being one of the people called Quakers), hath refused and still doth refuse to pay the sum of
-, being the sum duly rated and assessed in the churchwarden's rate made the
day of last, and which is now justly due from bim the said C, D.; therefore the said A.B. prayeth relief in the premises, and that the said C. D. may be summoned to answer the said complaint.
A. B. Exhibited before us, the day of 1817.
Summons thereon. To all Constables and others His Majesty's Officers of the
Peace for the county.of to wit. Whereas C. D. of the parish of — in the county aforesaid, (being a person commonly called a Quaker,) hath refused to pay unto A. B. churchwarden of the parish aforesaid, the sum of duly rated and assessed in the churchwarden's rate made the day of , 1817, which is now justly due from the said C. D. unto the said A. B. These are therefore to authorize and require you forthwith to summon the said C. D. to appear before us, at in the said county of, on the day of at the hour of in the -noon of the same day, to answer unto the said complaint; and be you then there to certify what you shall have done in the premises.
Given under our hands, at in the said county, the day of , 1817,
Order to Pay. to wit. Whereas complaint hath been made unto us J. C. and S. P. Esquires, two of His Majesty's justices of the peace in and for the said county, by A. B. churchwarden of the parish of in the said county, that C. D. of aforesaid, in the county aforesaid, (being a person commonly called a Quaker;) hath refused to pay the sum of duly rated and assessed in the churchwarden's rate made the
day of -, 1817, and justly due unto him the said A. B. We therefore the said justices, being neither of us patrons of the parish church of — aforesaid, nor any way interested in any of the rights, dues or other payments belonging to the parish church aforesaid, having duly summoned the said C. D. before us, and having also examined the truth of the said complaint upon oath, do find that there is justly due the aforesaid sum of
- from the said C. D. to him the sạid A. B.; and do order and appoint the aforesaid C. D. to pay or cause to be paid unto him the said. A. B. the aforesaid sum of And we do also order and appoint the aforesaid C. D. to pay or cause to be paid anto him the said A. B. the further sum of for such costs and charges concerning the premises, as upon the merits of the case do appear to us just and reasonable. Given under, our hands and seals, at
in the said county, the day of in the year of our Lord 1817.
J. C. S. P.
[The distress warrant may be in the same form, mutatis mutandis, as the one for tithes.]
Complaint against a Quaker for non-payment of Tithes. To J.C. and S. P. Esquires, two of His Majesty's Justices of
the Peace in and for the county of - to wit. A. B. rector of the parish church of -in the şaid county, maketh oath and saith, that C.D. of in the said county, yeoman, (being a person commonly called a Quaker,)