
    Commonwealth versus Stacy Fletcher.
    A Quaker, who claims an exemption from duty in the militia, must prove that he is a member of a society of that denomination, and that he frequently and usually attends with such society for religious worship.
    This was a writ of certiorari, which issued, at the instance of the respondent, Fletcher, to a justice of the peace for this county, commanding him to certify the proceedings had before him, upon a complaint against the respondent for not attending the muster of a company of militia, and which had resulted in the imposition of a fine upon him.
    It appeared that the respondent produced to the justice a certificate from the overseers of a society of Quakers, which he relied on as exempting him from military duty ; which certificate was in the following form, namely: “ We, the subscribers, overseers of the Society of Friends called Quakers, in the town of Uxbridge, and county of Worcester, do * certify that Stacy Fletcher [ * 442 ] [and others] attend with said society for public worship, and, we believe, are conscientiously scrupulous of bearing arms ”
    
      Lincoln, for the Commonwealth.
    
      Hastings and Adams, for the respondent.
   By the Court.

If the certificate produced by the respondent had been substantially conformed to the provision of the statute, it is not clear that it was to be received as conclusive evidence of his exemption from military duty. But the certificate is substantially defective. By the statute, the overseers are to certify, that the person claim ing an exemption is a member of their society, and that he frequently and usually attends with the society for religious worship. It may be true that one may occasionally attend the meetings, and yet not be acknowledged and received as a member of the society. So one, not a Quaker or Shaker may be conscientiously scrupulous of bearing arms ; yet he is not exempted by the statute.

Proceedings affirmed. 
      
       Stat. 1809, c. 108.
     