Quakers Act 1695

III. Quaker refusing to pay Tithe, upon Complaint, Two Justices, unless either of them be Patron or interested, may proceed.

Appeal to Quarter Sessions.; In what Case Costs against Appellant.; No Certiorari, &c. except where Title of Tithes in Question.

And whereas by Reason of a pretended scruple of Conscience Quakers do refuse to pay Tythes and Church Rates Be it enacted by the Authority aforesaid That where any Quaker shall refuse to pay or Compound for his great or small Tythes or to pay any Church Rates itt shall and may be lawful to and for the Two next Justices of Peace of the same County (other then such Justice of the Peace as is Patron of the Church or Chapel whence the said Tythes do or shall arise or any ways interested in the said Tythes) upon the Complaint of any Parson Vicar Farmer or Proprietor of Tythes 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 refuseing 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 ascertaine & state what is due and payable by such Quaker or Quakers to the Party or Parties complaining and by Order under their Hands and Seales to direct and appoint the Payment thereof so as the Su[m]m Ordered as aforesaid do not exceed Ten Pounds And upon refusal by such Quaker or Quakers to pay according to such Order Itt shall and may be lawfull to and for any one of the said Justices by Warrant under his Hand or Seal to levy the Money thereby ordered to be paid by Distresse & Sale of the Goods of such Offender his Executors or Administrators rendring onely the Overplus to him her or them necessary Charges of distraining being thereout first deducted and allowed by the said Justice And any Person finding him her or themselves agrieved by any Judgement given by such Two Justices of the Peace shall and may appeal to the next General Quarter Sessions to be held for the County Riding City Liberty or Towne Corporate And the Justices of the Peace there present or the major Part of them shall proceed finally to heare 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 alsoe proceed to give such Costs against the Appellant to be levied by Distresse and Sale of [the Goods and Chattells of the said Appellant as to them shall seem Just & reasonable And no Proceedings or Judgement had or to be had by virtue of this Act shall be removed or superseded by any Writt of Certiorari or other Writt out of His Majesties Courts att Westm[inster] or any other Court whatsoever unlesse the Title of such Tythes shall be in Question.