case the king against the mayor OF lincoln the statute and will c admit quaker  to make affirmation instead of oath provide it be not to bear any office or  place of profit in the government but the be freeman of a city be not a office  under government therefore a Quaker may be admit to the freedom of a city on  his affirmation c Carth S c Mod this be a mandamus to the mayor c of Lincoln  to admit one Abraham Moriis to his freedom he have serve a apprenticeship  there he be a Quaker and the late statute and will c enact that every Quaker c  who shall be require upon any lawful occasion to take a oath where by law a  oath be require shall instead of the usual form be permit to make his solemn  affirmation or modern declaration c then there be a proviso that no Quaker or  repute Quaker shall by virtue of that Act be qualify to give evidence in any  criminal cause to serve on any jury or bear any office or place of profit in  the government continue by and will c and make perpetual by Geo saint c but  see the Geo c for the form in which quaker be to make the declaration of  fidelity require by will and mary c the solemn affirmation require by and will  c and the oath of abjuration require by Geo S c and now by Geo c S in all case  where by any statute then make or thereafter to be make a oath be require the  solemn affirmation or declaration of the people call quaker in the form  prescribe by the say Act of Geo c shall be allow and take instead of such oath  except in any criminal case or to serve on jury or to bear any office or place  of profit in the government a the mayor return that the city of Lincoln be a  ancient city and allege a custom time out of mind for every person who have  serve a apprenticeship there to offer himself to the mayor and common council  to take the usual oath which be set forth in haec word before he shall be  admit to his freedom by Geo c where any person shall be entitle to be admit to  his freedom and shall apply to the mayor of the corporation or other person  who be authorize to administer c to be admit a citizen burgess or freeman  thereof and shall give notice specify the nature of his claim to such mayor or  other person that if he or they do not so admit such person within one month  from the time of such notice the court of king bench will be apply to for a  mandamus if such mayor c shall after such notice refuse or neglect to admit  such person a writ of mandamus shall issue to compel such mayor c to admit  such person c a that the say modern er p morris have serve a apprenticeship  there to a mercer that thereupon he claim his freedom of the say city and  offer to take the solemn affirmation and declaration that he be a dissenter  call a Quaker and refuse to take the usual oath accord to the custom of the  say city that to be a freeman thereof be a place of profit in the government  that there be a custom there for every freeman to vote in the election of two  citizen to serve in parliament for the say city and to have pasture for three  horse in the common c that the say morris never offer himself in commoncouncil  to take the say oath in the usual form and that for that reason they do not  admit he to his freedom upon his solemn affirmation and declaration c which  they will not suffer he to take the question be whether the freedom of this  city be a place of profit in the government and it be argue that it be not it  be only a qualification or a privilege to agree or consent to the person who  shall be his representative in parliament on the other side it be say that the  design of the Act be to give ease to the quaker who scruple to take a oath and  to relieve they from penalty and punishment for refuse to swear where by law a  oath be require that a oath be not require here so as to subject a person to a  penalty for the refusal because he who bear a office be not oblige to take a  oath but for his own benefit and he incur no penalty to refuse it but only  acquit himself of the office this be either a public or a private place in the  government it be public as it entitle he to vote for representative in  parliament or private as to be a magistrate in that particular place where he  have obtain a freedom curian this person have a precedent right to have his  freedom the quaker be usual admit in London upon their solemn affirmation and  so he be in this caseSee king v march where this case be recognize by Lord  Mansfield as good law and where it be determine that a Quaker may on his  solemn affirmation be admit a member of the Turkey company although by Geo c S  it be enact that no person unless he take the oath therein prescribe shall be  admit to his freedom in the say company burr b