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SECURING
JUSTICES

OF THE
PEACE.

GEORGE II, demanding the fame, any action fhall be brought against 24, C. 44, fuch Conftable, Headborough, or other Officer, or against fuch Perfon or Perfons acting in his aid, for any fuch caufe as aforefaid, without making the Juftice or Juftices, who figned or fealed the faid Warrant, Defendant, or Defendants, that on producing and moving fuch Warrant at the Trial of fuch Action, the Jury fhall give their Verdict for the Defendant or Defendants, notwithstanding any defect of Jurisdiction in fuch Juftice or Juftices; and if fuch Action be brought jointly against fuch Juftice or Juftices, and also against fuch Constable, Headborough, or other Officer, or Perfon or Perfons acting in his or their aid as aforefaid, then on Proof of fuch Warrants the Jury shall find for fuch Constable, Headborough, or other Officer, and for fuch Perfon or Persons so acting as aforesaid, notwithftanding fuch defect of Jurifdiction as aforefaid; and if the Verdict shall be given against the Juftice or Juftices, that in fuch cafe the Plaintiff or Plaintiffs fhall recover his, her, or their, Cofts against him or them, to be rated in fuch manner by the proper Officer as to include fuch Cofts as fuch Plaintiff or Plaintiffs are liable to pay to fuch Defendant or Defendants, for whom fuch Verdict shall be found as aforefaid.

Where the judge fhall certify the

PROVIDED always, That where the Plaintiff in any fuch action against any Juftice of the Peace shall obcaufe of ac- tain a Verdict, in cafe the Judge, before whom the cause tion was shall be tried, shall in open Court certify, on the back of committed, the Record, that the Injury, for which fuch Action was plaintiff to brought, was wilfully and maliciously committed, the recover Plaintiff to have and receive double Cofts of Suit.

wilfully

double cofts PROVIDED alfo, and be it enacted by the Authority Limitations aforefaid, That no Action fhall be brought against any Jufof actions. tice of the Peace for any thing done in the execution of

his Office, or against any Conftable, Headborough, or other Officer, or Perfons, acting as aforefaid, unless commenced within Six Kalendar Months after the A&t Committed.

No. XIII.

8 GEORGE I, c. 5.

An Act for granting the People called Quakers, fuch Forms of Affirmation or Declaration, as may remove the Difficulties which many of them lie under.

of former

WHEREAS, for giving fome Eafe to fcrupulous Con- GEORGE I, sciences, an Act was made in the First Year of the Reign 8, c. 5. of their late Majefties King William and Queen Mary, [Intituled, An Act for Exempting their Majefties Proteft. Narrative ant Subjects, diffenting from the Church of England, from ftatutes. the Penalties of certain Laws,] whereby (among other things) a Declaration of Fidelity, in the Form therein expreffed, is appointed to be made and fubfcribed by certain Perfons, Diffenters from the Church of England, who fcruple the taking of any Oath: And whereas an Act was made in the Seventh and Eighth Years of the Reign of His faid late Majefty King William the Third, [Intituled, An Act that the Solemn Affirmation and Declaration of the People called Quakers, fhall be accepted inftead of an Oath in the ufual Form,] under the Provifoes therein mentioned; which Act being at firft temporary, was afterwards farther continued by an Act made in the Thirteenth and fourteenth Years of the Reign of his faid late Majefty; and the fame A&t is made perpetual by an A&t made in First Year of His prefent Majefty's Reign; by which laft mentioned Act a Form, importing the Effect of the Abjuration-Oath, is prefcribed to be taken by the faid People called Quakers: And whereas the Inconveniences to the faid People called Quakers, and their Families, and to others requiring their teftimony, in many cafes are not fufficiently avoided, by reafon of Difficulties among the faid Quakers, relating to the Forms of the Declaration, Affirmation, and Abjuration before-mentioned, as the fame are now prescribed: And whereas it is evident, that the

GEORGE I, faid People called Quakers, have not abused the Liberty 8, c. 5, RE- and Indulgence allowed to them by Law; and they have QUAKERS. given Teftimony of their Fidelity and Affection to his Ma

LIEVING

Declaration

jefty, and the Settlement of the Crown in the Proteftant Line; and it is reasonable to give them farther Ease and Relief: May it therefore please Your most Excellent Majefty, That it may be Enacted, and be it Enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons in this prefent Parliament affembled, and by the Authority of the fame, That in all Cafes, where, by Law, any Quaker is or fhall be required or permitted to make and subscribe the Declaration of Fidelity in the Form prescribed by the said first mentioned A&t, or to make the So-, lemn Affirmation or Declaration in the Form prescribed by the said Act of the Seventh and Eighth Years of the Reign of His faid late Majesty King William the Third, or to take the Effect of the Abjuration Oath in the Form prescribed by the faid Act of the first Year of His prefent Majefty's Reign, every fuch Quaker fhall, inftead of fuch first mentioned Declaration of Fidelity, make and subscribe a Declaration of Fidelity in the following Words, viz.

IAB do folemnly and fincerely promise and declare, That of fidelity. I will be true and faithful to King George; and do folemnly, fincerely, and truly profess, teftify and declare, that I do from my Heart abbor, deteft, and renounce, as impious and heretical, that wicked Doctrine and Pofition, That Princes excommunicated or deprived by the Pope, or any Authority of the See of Rome, may be depofed or murthered by their Subjects, or any other whatsoever. And I do declare, that no Foreign Prince, Perfon, Prelate, State, or Potentate, hath, or ought to have, any Power, Jurisdiction, Superiority, Prebeminence, or Authority Ecclefiaftical or Spiritual, within this Realm.

Affirmation

AND instead of the folemn Affirmation or Declaration, in the Form prescribed by the faid A&t of the seventh and eighth Years of the Reign of His faid late Majesty King William the Third, every fuch Quaker shall make the Solemn Declaration or Affirmation following, viz.

IAB do folemnly, fincerely, and truly declare and affirm.

LIEVING

AND instead of the Form prescribed by the said Act of GEORGE 1, the first Year of His prefent Majefty's Reign, for the Ef-8, C. 5, REfect of the Abjuration Oath, every fuch Quaker shall take QUAKERS. the Effect thereof in the following Words, viz.

juration

IAB do folemnly, fincerely, and truly acknowledge, pro- Substitute fefs, teftify, and declare, That King George is Lawful and for the abRightful King of this Realm, and of all other His Domi- oath. nions and Countries thereunto belonging. And I do folemnly and fincerely declare, That I do believe the Perfon pretended to be the Prince of Wales, during the Life of the late King James, and fince bis Deceafe, pretending to be, and taking upon himself the Stile 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 Stile and Title of King of Great Britain, hath not any Right or Title whatfoever to the Crown of this Realm, nor any other the Dominions thereunto belonging; and I do renounce and refufe any Allegiance or Obedience to him. And I do folemnly promife, that I will be true and faithful, and bear true Allegiance to King George, and to him will be faithful against all traiterous Confpiracies and Attempts whatsoever, which shall be made against His Perfon, Crown, or Dignity. And I will do my beft Endeavour to difclofe and make known to King George, and bis Succeffors, all Treafons and traiterous Confpiracies, which I fball know to be made against him, or any of them. And I will be true and faithful to the Succeffion of the Crown against him the faid James, and all other Perfons whatfoever, as the fame is and ftands fettled by an A&, Intituled, An Act declaring the Rights and Liberties of the Subject, and fettling the Succeflion of the Crown, to the late Queen Anne, and the Heirs of her Body, being Protestants; and as the fame, by one other Act, Intituled, An A& for the further Limitation of the Crown, and better Securing the Rights and Liberties of the Subject, is and Stands fettled and intailed, after the Deceafe of the faid late Queen, and for Default of fue of the faid late Queen, to the late Princefs Sophia, Electorefs and Dutchefs Dowager of Hanover, and the Heirs of her Body, being Proteftants. And all thefe Things I do plainly and fincerely acknowledge, promife, and declare, according to thefe exprefs Words by me Spoken, and according to the plain and common Sense and

GEORGE I, Understanding of the fame Words, without any Equivocation, mental Evafion, or fecret Reservation whatsoever. QUAKERS. And I do make this Recognition, and Acknowledgment, Renunciation, and Promise, beartily, willingly, and truly.

8 c. 5.

RELIEVING

Effect of

tions.

AND all Perfons, authorized or required to adminifter or tender, either the faid former Declaration of Fidelity, or the faid former Solemn Affirmation or Declaration, or the former Effect of the Abjuration Oath aforefaid, fhall be, and are hereby authorized and required to administer and tender the fame respectively to the faid People called Quakers, in the Words by this Act respectively appointed.

AND be it further Enacted by the Authority aforesaid, That the Declaration of Fidelity, and Solemn Affirmation the declara- or Declaration, and the Effect of the Abjuration Oath, appointed by this Act for the said People called Quakers, inftead of the respective Forms prefcribed for the fame by the faid recited Acts, fhall respectively be adjudged and taken to be of fuch and the fame Force and Effect, and no other, to all Intents and Purposes, in all Courts of Justice and elsewhere, as if fuch Quaker had made and subscribed the Declaration of Fidelity, or had made the Solemn Affirmation or Declaration, or had taken the Effect of the Abjuration Oath, in the respective Forms appointed by the faid recited Acts: And if any Perfon, making fuch Affirmation or Declaration, as is appointed by this Act to be made, instead of the Affirmation or Declaration in the Corrupt af Form prefcribed by the before-mentioned A&t of the Sefirming is venth and Eighth Years of the Reign of His faid late Maperjury. jefty King William the Third, fhall be lawfully convicted of wilful, falfe, and corrupt Affirming or Declaring any Matter or Thing, which if fworn in the common or usual form, would have amounted to wilful and corrupt Perju ry, every fuch Perfon, fo offending, fhall incur and fuffer fuch and the fame Pains, Penalties, and Forfeitures, as are inflicted or enacted by the Laws and Statutes of this Realm, against Perfons convicted of wilful and corrupt Perjury.

PROVIDED always, That all Claufes, Provifions and Exceptions, contained in the faid recited Acts or any of them, not hereby exprefly altered or repealed, fhall be of fuch and the fame Force and Effect, as they were before the making of this Act.

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