Local militia. London militia. Miнers. Marriages. similar provision to the last, is made in the Local Militia Act (a); but the fines specified in s. 44, being 30., 20., or 107., according to the ability of the party, may be mitigated, at the discretion of the deputy-lieutenants; who possess likewise the power of remitting the imprisonment, which is for one month. The militia in London being raised by bounty, and not by ballot, the exceptions made in favour of Quakers by the General Militia Acts, which, by the 1 Geo. IV., c. 100, are made applicable in all practicable cases to the London militia, do not come into operation; by the 13th section of this act, they are liable to be distrained on for their proportion of the rates, to be levied for the payment of bounties. In the Act for raising a regiment of Miners the provisions made in favour of Quakers by the General Militia Acts, are expressly adopted (b). 5. Of the Marriage Rite. QUAKERS, being expressly excepted from the operation of the Marriage acts (c), still retain the liberty of solemnizing matrimony in their conventicles; but the indulgence is limited to cases in which both the contracting parties are of this denomination. (a) 52 Geo.3, c. 38, 3.50. By the Mutiny Act, 1 Geo. 4, c. 19, s. 81, persons.refusing to assist in conveying baggage, &c., or resisting the constable's warrant, incur a penalty not exceeding 5l., nor less than 40s., to be levied as therein mentioned, by distress. Moravians in our American colonies are exempted from bearing arms, by 22 Geo. 2, c. 30. In the Act for Watching and Warding, 1 G. 4, c. 24, provision is made for the personal exemption of Quakers. (c) 26 Geo. 2, c. 33, s. 18; 3 Geo. 4, c. 75: 4 Geo. 4, c. (b) 42 Geo. 3, c. 72. The 76. Their conjugal rights, it appears, are the same as in other cases; nor would the title of the husband, it is presumed, to administer the effects of his deceased wife, be now (a) disputed, as formerly (b). 6. Of Miscellaneous Provisions. register. THE burial registers of Quakers are admissible Burial for the purposes of the act 57 Geo. III., c. 26, on granting life annuities in reduction of the national debt (c). The rules or discipline of church government Discipline. among them, are recognised and allowed (d). By various acts of parliament, they are locally Local exempted from offices opposed to their religious exemptions. scruples; such as that of assessor or collector of a stipend to a rector or vicar (e); of collector, treasurer, clerk, or receiver, for building, re-building, or repairing a church, chapel, or steeple (f); and of churchwarden or chapelwarden of new churches or chapels (g). They are permitted to compound, in certain specified instances, for parochial and other rates (h); and their affirmation qualifies them to act as com (a) 31 Ed.3, c. 11; 21 Hen. 8, c. 5; Watt v. Watt, 3 Ves. jun., 246-7; Toller's Ex. 83, &c. (b) Salk. 438; Ibid, 120; 3 Lev. 376. (c) 57 Geo. 3, c. 26. (d) Rex. v. Francis Hart, 2 Burns' Ecc. Law, 199. (e) 23 Geo. 2, c. 36; 19 Geo. 3, c. 57: 44 Geo. 3, c. 89; 47 Geo. 3, c. 132. (f) 24 Geo. 2, c. 15; 26 Geo. 2, c. 38; 26 Geo. 2, c. 94; 14 Geo. 3, c. 12; 54 Geo. (g) 43 Geo. 3, c. 117; 45 (h) 50 Geo. 3, c. 14; 52 Geo. 3, c. 75; 53 Geo. 3, c. 162; 54 Geo. 3, c.43; 55 Geo. 3, c. 96; 56 Geo. 3, c. 5; 56 Geo. 3, c. 56; 58 Geo, 3, c. 22. Petty courts. Charities. missioners in certain courts, for the recovery of small debts (a). Lastly, their charitable foundations and donations, are not included in the act for registering and securing charitable donations in general (b). CHAP. II. OF THE RELIGIOUS RESTRICTIONS OF PROTESTANT The operation of Toleration acts. SEC. I. Of the effect of the Toleration and other remedial Acts on these Restrictions. THE operation of the major part of the penal statutes treated in this division, is suspended, by conditions introduced into the Toleration and other remedial acts: the due observance of which, effects a virtual repeal of the penalties. These conditions are more numerous with respect to Quakers, who, being not included in a recent remedial statute (c), are governed by the terms of former statutes, and must, it is presumed, still make the declarations, and profession of belief, enumerated in a preceding chapter, in order to entitle themselves to the religious immunities conferred on Protestant Dissenters in general. The conditions applicable to each head of offence will immediately precede the consideration of the penal enactments they qualify. (a) Derby, 6 Geo. 3, c. 20; plicable to the Quakers, are 1 W. & M., s. 1, c. 18, and 10 Anne, c. 2. SEC.II.-Of Heresy and its incidents. 1. Of Heresy. Or this offence, the Ecclesiastical courts retain Heresy, by whom undisputed cognizance (a), how far, simply consi- cognizable. dered, if at all, it comes within the jurisdiction of the common-law, is doubtful (b). It is certain, however, that although the object of the Toleration acts was only to repeal the penal laws therein mentioned, leaving the common-law as it stood, with respect to common-law offences against religion (c); yet, since these acts hold out protection to the principles of Protestant Dissent, and authorize its forms of worship, on certain conditions, they have conferred an exemption from the penalties of this offence, to the extent of those principles, and in favour of all who comply with those conditions (d). According to some, this crime consists in holding an In what it opinion repugnant to the doctrines of revealed religion, of which, the church herself is the judge(e); but others affirm it to include a neglect or omission of the ceremonies and ordinances of the Established church (ƒ). (a) The statutes 2 Hen. 4, c,5; 2 Hen. 5, c. 7; 25 Hen. 8, c. 14; 31 Hen. 8, c. 14; 34 & 35 Hen. 8, c. 1; 35 Hen. 8, c. 5, are expressly repealed by 1 Ed. 6, c. 12, which repeals generally all foriner laws concerning religion. (b) 3 Merivale, 379; 2 Burns' Ecc. Law, 269; Sed vide 1 Hale, 395; 3 Inst. 43; 1 Hawk. c. 2, s. 10. If, in maintenance of his errors, a man does ought that tends to a breach of the peace, he is amenable to the common-law. (c) 3 Merivale, 405, per (d) This extends to ecclesiastical censures, S. C. p. 385. (e) Chillingworth, 199, Acc. Lind. 299; 1 Hawk. c. 2, s. 1; Mirr. 22; 1 Eliz. c. 1; 3 Inst. 40. (f) Lind. 292-3. consists. Punishment by writs de contumace de excom municato capiendo. In Heresy, the temporal courts have now only an incidental jurisdiction (a); it belongs, therefore, to each bishop, in his own diocese (b), and on neglect of his duty, or by his consent, to either archbishop in his province (c), with a right of appeal, in all cases, to a higher Ecclesiastical court (d). To the convocation, with the royal sanction, appertains the power of defining this offence (e); the ultimate decision vests in the crown (f); but subject, of course, to parliamentary revision (g). Its punishment consists in ecclesiastical censures, injunction of penance, and excommunication (h); capiendo, et but the decrees of the church must be civilly enforced, by writs out of Chancery, called writs de excommunicato capiendo, and de contumace capiendo: the former writ issues in cases of definitive sentences, or interlocutory decrees, having the effect of definitive sentences, pronounced as spiritual censures for of fences of ecclesiastical cognizance; the latter writ, in all other cases, in which, until a recent statute (i), the former writ was wont to be issued. The mode of issuing these two species of process, is the same; the results are somewhat different: the writ de contumace capiendo only arrests and detains the offender until he appears to citation, obeys, or submits to the authority of the Ecclesiastical court: the writ de excommunicato capiendo imprisons the offender for a |