The First Year of Anne - Chap. XVII.




<P><a href="chron-anne.html#anchor1488818">498</a></P>

<P><CENTER>The first Year of Anne</CENTER>
</P>

<P>A.D. 1701</P>

<P><CENTER>Chap. XVII</CENTER>
</P>


<P align="center"><i><a href="v10p498s1-3.html">An 
  act</a> for enlarging the time for taking the oath of abjuration; and also for</i></P>
<P align="center"><i>recapacitating and indemnifying 
  such persons as have not taken the same by the</i></P>
<P align="center"><i>time limited, and shall take 
  the same by a time to be appointed; and for the further</i></P>
<P align="center"><i>security of her Majesty's 
  person, and the succession of the crown in the protestant</i></P>
<P align="center"><i>line; and for extinguishing 
  the hopes of the pretended prince of </i>Wales,<i> 
  and all</i></P>
<P align="center"><i>other pretenders, and their 
  open and secret abettors.</i></P>

<BR WP="BR2">
<P>Whereas <i>by an act made in the thirteenth year of the reign of his late Majesty King
</i>William <i>the Third, intituled, </i>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 <i>Wales,</i> and all other pretenders, and their open and
secret abettors; <i>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</i></P>


<P>499</P>

<P><i>and subscribe the said oath, and are thereby subject and liable to the disabilities,
incapacities, and penalties in the said acts contained; </i>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 <i>August,</i> 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.</P>

<P>	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.</P>

<P>	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 <i>Wales,</i> 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 <i>March,</i> 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, <i>An act declaring the
rights and liberties of the subject, and settling the succession of the crown;</i> and
according to one other act, intituled, <i>An act for the further limitation of the crown,
and better securing the rights and liberties of the subject, </i>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</P>


<P>500</P>

<P>with issue; and during the time her Majesty shall have no issue, the princess <i>Sophia,</i>
electoress and duchess dowager of <i>Hanover;</i> and after the decease of the said
princess <i>Sophia,</i> 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.</P>

<P> <div id="1Ac17sIV"></a>IV. <a href="v10p500s4-5.html">And 
  be it further</a> 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 <i>Ireland,</i> and all 
  ecclesiastical persons, and master, governor, head or fellow of the college 
  or university of <i>Dublin,</i> 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 <i>Dublin, 
  </i>or within thirty miles of the same, on the first day of <i>Easter</i> 
  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 <i>Trinity</i> term then next following, in her 
  Majesty's high court of <i>Chancery</i> in that kingdom, or in her Majesty's 
  court of <i>Queen's Bench, Common Pleas, </i>or <i>Exchequer</i> 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 <i>August,</i> 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 <i>Ireland,</i> where he or they shall be, 
  inhabit, or reside, on the twentieth day of <i>May,</i> in the year of our 
  Lord one thousand seven hundred and three, take the said oath in open court, 
  between</P>


<P>501</P>

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

<P>	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 <i>Ireland,</i> after the first day of <i>Easter</i> 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
<i>William </i>and Queen <i>Mary,</i> intituled, <i>An act for the abrogating the oath of
supremacy in </i>Ireland, <i>and appointing other oaths; </i>and all ecclesiastical persons,
every master, governor, head, or fellow of the college or university of <i>Dublin,</i> 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 <i>Easter
</i>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.</P>

<P> <div id="1Ac17sVI"></div><a href="chron-anne.html#1EngAc17s6">VI</a>. 
  <a href="v10p501s6-9.html">And be it further </a>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 <i>England.</i></P>

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


<P>502</P>

<P>said two first mentioned acts, nor to any person now beyond the seas, out of
<i>England</i> and <i>Ireland,</i> 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 <i>Ireland,</i> take the said oath, and
subscribe thereunto according to the appointment of this act.</P>

<P>	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 <i>Charles</i> the Second, was directed to be kept of
the subscribing the declaration therein mentioned.</P>

<P>	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.</P>

<P> <div id="1Ac17sX"></div><a href="chron-anne.html#1EngAc17s10-11">X</a>. 
  <a href="v10p502s10-12.html">And be it further</a> enacted by the authority 
  aforesaid, That from and after the five and twentieth day of <i>March,</i> 
  one thousand seven hundred and three, no person that now is or shall be hereafter, 
  a peer of the realm of <i>Ireland,</i> 
  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 <i>March,</i> 
  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, <i>An 
  act for abrogating the oath of supremacy in </i>Ireland,<i> 
  and appointing other oaths.</i></P>

<P>	XI. And be it further enacted, That if any person that now is, or hereafter
shall be, a peer of the said realm of <i>Ireland,</i> or member of the house of commons
there, shall, after the said five and twentieth day of <i>March,</i> 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 <i>England.</i></P>

<P> <div id="1EngAc17sXII"></div><a href="chron-anne.html#1EngAc17s12">XII.</a> 
  Provided always, That this act or any thing therein contained shall not extend 
  to the office of any high constable, petty</P>


<P>503</P>

<P>constable, tythingman , headborough, overseer 
  of the poor, churchwardens, surveyors of the highways, or any like inferior 
  civil office in the said kingdom of <i>Ireland,</i> 
  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.</P>
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