590   Appendix to Council Proceedings, 1696—1729.

             B.   M. Publick Capacity in the Govemnmt or enjoy any there in legis

             Vol. 25. lative powers, yet our Publick Assemblys Courts of Judicature

                 & all publick offices and places of proffitt & trust are chiefly

                 fil'd & Possessed by this Sort of Men, wch bring the unhappy

                 cause of Endless Grievances, under the heavy burden whereof

                 wee have been long crushed and do still groan, Have there

                 fore presumed humbly to Implore yor Lordshipps mediation

                 with his Majtie for a Redress & to propose to yor Lordships

                 Consideration this most humble Remonstrance,

                   By the late Act of Parliamt anno 7m0 & 8vo Gulielmi tertii

                 Regis entitled An Act for the solemn affirmation & declara

                 tion of the People called Quakers and it is provided & de

                 clared that noe Quaker or Reputed Quaker shall be qualified

                 or permitted to give evidence in any Criminall Causes or

                 Serve in any Juries or bear any office or place of proffit in the

                 Governmt wch wee humbly conceive (tho' our opinion therein

                 is overruled by the Quakers in their Courts) to be in force

                 here as all other Acts of Parliamt are, except what are Locall,

                 such a Law being of absolute necessity for the Preservation

                 of his Majties subjects in this Province & to rescue them from

                 the many hardships & pressures wch overwhelm them under

                 the present administration of Quakers.

                   When they enter upon Magistracy they refuse either by the

                 oath wch the Law has prescribed or any other to engage for

                 their faithfull loyall and upright administration in their Re

                 spective Posts & trusts, and are soe farr from answering the

                 Law in tht point, as alsoe those that are admitted upon Juries

                 to pass upon Mens Lives Liberties & estates, that they refuse

                 to take the very affirmation prescribed in the above recited

                 Act, and use only in all Cases where the Law has appointed

                 an Oath, a Certaine form of words wch they call an Attestation

                 & not containing the holy name of God, Affirm that it is noe

                 Oath nor is esteemed or taken by them as such soe tht wee

                 have neither Juries nor any Legall Judges or Justices for the

                 Tryall of our Lives Liberties & properties, & are consequently

                 deprived of the most Eminent Priviledge enjoyed now by tht

                 English nation, a Priviledge that ought to be prized by all

                 sober English men as their best Inheritance, and is therefore

                 a more wounding aggrievance for that we are sensible these

                 men could never dare to be guilty of such gross perversion &

                 Corruption of Justice as is Commonly Practised by them in

                 these parts, were they Restrained by the Dread of an Oath.

                   Nor doe their Representatives at the opening of their Genll

                 Assemblies nor their Magistrates upon their Admission to tht

                 publick trust either by their Subscriptions to the Association

                 or any other legal test assert their Loyalty & approve them

                 selves by such an engagement to be well affected to his Majties