498

The first Year of Anne

A.D. 1701

Chap. XVII


An act for enlarging the time for taking the oath of abjuration; and also for

recapacitating and indemnifying such persons as have not taken the same by the

time limited, and shall take the same by a time to be appointed; and for the further

security of her Majesty's person, and the succession of the crown in the protestant

line; and for extinguishing the hopes of the pretended prince of Wales, and all

other pretenders, and their open and secret abettors.



Whereas by an act made in the thirteenth year of the reign of his late Majesty King William the Third, intituled, An act for the further security of his Majesty's person, and the succession of the crown in the protestant line; and for extinguishing the hopes of the pretended prince of Wales, and all other pretenders, and their open and secret abettors; and by one other act made in the first year of the reign of her present Majesty, declaring the alterations of the oath in the said recited act contained, several of her said Majesty's subjects are obliged to take and subscribe the oath therein mentioned, by certain times limited and appointed in the said first recited act, who have, through ignorance or mistake, or by the not duly holding the courts where the same ought to have been taken, or for some other such like reasons, omitted or neglected to take


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and subscribe the said oath, and are thereby subject and liable to the disabilities, incapacities, and penalties in the said acts contained; be it therefore enacted by the Queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by authority of the same, That if any person or persons who ought to have taken and subscribed the said oath, with the alterations in the said last mentioned act contained, in the manner, at the places, and by the times in the said first recited act limited, shall, on or before the first day of August, which shall be in the year of our Lord one thousand seven hundred and three, take and subscribe the said oath, so altered as aforesaid, in such manner, and at such places, as in and by the said several acts is prescribed, such person and persons is, are, and shall be (for such neglect or omission only) by this act indemnified from and against all the penalties, forfeitures, incapacities, and disabilities incurred by such mistake, neglect, or omission, and is, are, and shall be fully and actually recapacitated and restored to the same state and condition, to all intents and purposes, as if such person or persons had taken and subscribed the said oath, in such manner, at such places, and within such times as by the said several acts is prescribed, and no such mistake, neglect, or omission had been made; any thing in the said several acts to the contrary thereof in any wise notwithstanding.

II. Provided always, That no person or persons. who by reason of any such mistake, neglect, or omission, hath or have left or forfeited any office, benefice, place, dignity or imployment whatsoever, to which any other person or persons hath or have been preferred or promoted, shall be restored to such office, benefice, place, dignity, or imployment; any thing herein contained to the contrary notwithstanding.

III. And for the further security of her Majesty's person, and the succession of the crown in the protestant line, and for extinguishing the hopes of the pretended prince of Wales, and all other pretenders, and their open and secret abettors, be it further enacted by the authority aforesaid, That if any person or persons, at any time after the first day of March, one thousand seven hundred and two, shall endeavour to deprive or hinder any person who shall be the next in succession to the crown for the time being, according to the limitations in an act, intituled, An act declaring the rights and liberties of the subject, and settling the succession of the crown; and according to one other act, intituled, An act for the further limitation of the crown, and better securing the rights and liberties of the subject, from succeeding after the decease of her Majesty (whom God long preserve) to the imperial crown of this realm, and the dominions and territories thereunto belonging, according to the limitations in the before mentioned acts; that is to say, such issue of her Majesty's body, as shall from time to time, be next in succession to the crown, if it shall please God Almighty to bless her Majesty


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with issue; and during the time her Majesty shall have no issue, the princess Sophia, electoress and duchess dowager of Hanover; and after the decease of the said princess Sophia, the next in succession to the crown for the time being, according to the limitation of the said acts; and the same maliciously, advisedly, and directly shall attempt by any overt-act or deed, every such offence shall be adjudged high-treason, and the offender or offenders therein, their abettors, procurers, and comforters, knowing the said offence to be done, being thereof convicted or attained, according to the laws and statutes of this realm, shall be deemed and adjudged traitors, and shall suffer pains of death, and all losses and forfeitures, as in cases of high treason.

IV. And be it further enacted by the authority aforesaid, That all and every person and persons that shall bear any office or offices, military or civil, or shall receive any pay, salary, fee, or wages, by reason of any patent or grant, from her Majesty, or any of her Majesty's predecessors, or shall have command or place of trust from or under her Majesty, or from any of her Majesty's predecessors, or by her or their authority, or by authority derived from her or them, within the realm of Ireland, and all ecclesiastical persons, and master, governor, head or fellow of the college or university of Dublin, and all persons teaching pupils in the said university or elsewhere, and all school-masters and ushers, and all preachers and teachers of separate congregations, and every person that shall act as a serjeant at law, counseller at law, barrister, advocate, attorney, solicitor, proctor, clerk, or notary, practicing in any manner as such in any court or courts whatsoever, who shall inhabit, be, or reside within the city of Dublin, or within thirty miles of the same, on the first day of Easter term, which shall be in the year of our Lord one thousand seven hundred and three, or at any time during the said term, shall personally appear before the end of the said term, or in Trinity term then next following, in her Majesty's high court of Chancery in that kingdom, or in her Majesty's court of Queen's Bench, Common Pleas, or Exchequer there; and shall then in publick and open court, between the hours of nine of the clock and twelve in the forenoon, take the oath according to the alterations thereof in the said two first mentioned acts contained, unto which oath so taken, every such person so taking the same, shall subscribe his name, or make his mark, and during the time of taking such oath, all pleas and proceedings in the said respective courts shall cease; and all and every the said respective persons not having taken the said oath, and subscribed the same, as aforesaid, shall on or before the first day of August, in the year of our Lord one thousand seven hundred and three, at the general quarter session for the county, barony, or place in the said kingdom of Ireland, where he or they shall be, inhabit, or reside, on the twentieth day of May, in the year of our Lord one thousand seven hundred and three, take the said oath in open court, between


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the said hours of nine and twelve in the forenoon, and subscribe his name or make his mark under the same.

V. And be it further enacted by the authority aforesaid, That all and every person and persons that shall be admitted, entred, placed, or taken into any office or offices, civil or military, or shall receive any pay, salary, fee, or wages, by reason of any patent or grant from her Majesty, or shall have command or place of trust from or under her Majesty, or by her authority, or by authority derived from her, within the said realm of Ireland, after the first day of Easter term aforesaid, shall take and subscribe the said oath, at the same time that he or they shall take the oaths, and make and subscribe the declaration required and appointed to be taken, made, and subscribed, by an act made in the third year of the reign of their late Majesties King William and Queen Mary, intituled, An act for the abrogating the oath of supremacy in Ireland, and appointing other oaths; and all ecclesiastical persons, every master, governor, head, or fellow of the college or university of Dublin, and all persons teaching pupils in the said university, or elsewhere, and all school-masters or ushers, and all preachers and teachers of separate congregations, and every person who shall act as serjeant at law, counseller at law, barrister, advocate, attorney, solicitor, proctor, clerk, or notary, by practising in any manner as such, in any court or courts whatsoever, who shall, at any time after the first day of Easter term aforesaid, be admitted unto or enter upon any of the before mentioned preferments, benefices, offices, or places, or shall come into any such capacity, or shall take upon him or them any such practise, imployment, or business, as aforesaid, shall, after he or they shall be admitted into or enter upon any such preferment, benefice, office, or place, or come into such capacity, or take upon him or them such practice, imployment, or business, as aforesaid, take and subscribe the said oath in the next term, in one of the said courts, or at the next general quarter sessions of the county, barony or place in the said kingdom where he or they shall reside, after he or they shall be admitted into or enter upon any such preferment, benefice, office, or place, or come into any such capacity, or take upon him or them such practice, imployment, or business, as aforesaid.

VI. And be it further enacted, That all and every the person and persons aforesaid, that do or shall neglect or refuse to take the said oath, and subscribe thereunto in the said courts and places, and at the respective times aforesaid, shall incur, be subject and liable unto the forfeitures, penalties, and disabilities in the said first mentioned act expressed, for the neglect or refusal of the same, by any such person or persons in the kingdom of England.

VII. Provided, That nothing in this act contained shall extend to any person that now is, or at any time hereafter shall be, in England, who by virtue of this act ought to take the said oath, and subscribe thereunto in England, according to


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said two first mentioned acts, nor to any person now beyond the seas, out of England and Ireland, or in her Majesty's service on board the fleet, so as such person do the next term, or the next general quarter sessions for the county, barony, or place where he shall reside, after his return into Ireland, take the said oath, and subscribe thereunto according to the appointment of this act.

VIII. And be it further enacted, That it shall and may be lawful to and for the respective courts aforesaid, to give and administer the oath aforesaid to the said person and persons, and, upon due tender of any person or persons to take the said oath, the said courts are hereby required and enjoined to administer the same; of the taking and subscribing whereof the like register shall be kept, as by an act made in the five and twentieth year of King Charles the Second, was directed to be kept of the subscribing the declaration therein mentioned.

IX. Provided always, That any person, who by any neglect or refusal, according to this act, shall lose or forfeit any office, may be capable of a new grant of the said office, or of any other, and shall have and hold the same again, such person taking the said oath and subscribing thereunto, in such manner as aforesaid, so as such office be not granted to, or actually enjoyed by, some other person at the time of the re-granting thereof.

X. And be it further enacted by the authority aforesaid, That from and after the five and twentieth day of March, one thousand seven hundred and three, no person that now is or shall be hereafter, a peer of the realm of Ireland, or member of the house of peers there, shall vote or make his proxy in the said house of peers, or sit there during any debate in the said house; nor any person after the said five and twentieth day of March, who shall be elected a member of the house of commons in that kingdom, shall be capable to vote in the said house, or sit there during any debate in the same, after their speaker is chosen; until such peer or member shall from time to time respectively take the said oath, and subscribe the same, at the same time, and in such manner as is directed for their making, subscribing, and repeating the declaration mentioned and expressed in the said act, intituled, An act for abrogating the oath of supremacy in Ireland, and appointing other oaths.

XI. And be it further enacted, That if any person that now is, or hereafter shall be, a peer of the said realm of Ireland, or member of the house of commons there, shall, after the said five and twentieth day of March, presume to vote or make his proxy, not having taken the said oath, and subscribed the same, as aforesaid, every such peer and member shall from thenceforth incur, be subject, and liable unto the forfeitures, penalties, and disabilities in the said first mentioned act expressed, touching peers in parliament, and members in the house of commons in England.

XII. Provided always, That this act or any thing therein contained shall not extend to the office of any high constable, petty


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constable, tythingman , headborough, overseer of the poor, churchwardens, surveyors of the highways, or any like inferior civil office in the said kingdom of Ireland, or to any office of forrester, or keeper of any park, chase, warren, or game, or bailiff of any manor or lands, nor to any like private offices, nor to any person or persons having only any the before mentioned or the like offices in the said kingdom.

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