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serving in

American

in America,

of two years,

selves as the

ing certifi

majesty's service; be it therefore enacted by the king'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 the authority of the same, that all such foreign Foreign protestants, as well officers as soldiers, who have served, or shall protestants hereafter serve, in the royal American regiment, or as engineers in the royal America, for the space of two years, and shall take and subscribe regiment, or the oaths, and make, repeat, and subscribe the declaration appointed as engineers by an act made in the first year of the reign of his majesty king for the space George the first, intituled an act for the further security of his majesty's and qualifyperson and government, and the succession of the crown in the heirs of ing themthe late princess Sophia, being protestants; and for extinguishing the act 1 Geo. 1, hopes of the pretended prince of Wales, his open and secret abettors; directs, and shall, at the time of subscribing the said oaths, and making, and producrepeating, and subscribing the said declaration, produce certificates, cates of their signed in manner directed by the above recited act of the thirteenth having reof his late majesty, of their having received the sacrament in some sacrament in protestant and reformed congregation within the kingdom of Great some protesBritain, or within some of the said colonies in America, within six to be deemed months before that time, shall be deemed, adjudged, and taken to subjects; be, his majesty's natural born subjects of this kingdom, to all intents, constructions, and purposes, as if they, and every of them, had been or were born within this kingdom; and that no estates, of what and all purnature or kind soever, purchased by them or any of them, in any of bythem since his majesty's colonies in America, since the passing of the above the passing recited act of the twenty-ninth year of the reign of his said late declared to majesty, shall be liable to seizure into the hands of his majesty, his heirs, or successors, or their titles thereto be otherwise impeached by reason of their having been aliens at the time of their making the said purchases; the above recited acts, or any other statute, law, or thing whatsoever to the contrary notwithstanding.

ceived the

tant church,

natural born

chases made

act 29 Geo.2,

be valid.

be deemed

who, by act

not to be

the benefit of

the act of Anne, c. 5.

• Read second.

II. Provided always, and be it enacted by the authority aforesaid, None are to that nothing in this act contained shall extend, or be construed to naturalized extend, to naturalize any person or persons whatsoever, who, by by this act, virtue of an act made in the fourth year of the reign of his late 4Geo.2, c. 21, majesty king George the first,* (intituled an act to explain a clause are declared in an act made in the seventh year of the reign of her late majesty entitled to queen Anne, for naturalizing foreign protestants, which relates to the children of natural born subjects of the crown of England, or of Great 7 Britain) are declared and enacted not to be entitled to the benefit of the said act of the seventh year of her said majesty's reign; but that all such persons shall be and remain in the same state, plight, and condition, to all intents, constructions, and purposes whatsoever, as they would have been in if this act had never been made; any thing herein contained to the contrary in anywise notwithstanding. III. Provided also, and be it further enacted, that no person who Persons shall become a natural born subject of this kingdom by virtue of by this act, this act, shall be thereby enabled to be of the privy council, or a member of either house of parliament, or to be capable of taking, being privy having, or enjoying, any office or place of trust within the kingdoms or members of Great Britain or Ireland, either civil or military; or of having, of either accepting, or taking any grant from the crown to himself, or to any parliament,

naturalized

not thereby capable of

counsellors,

house of

any offices of

trust, in

or of holding other in trust for him, of any lands, tenements, or hereditaments, within the kingdoms aforesaid; any thing herein contained to the or Ireland. contrary thereof in anywise notwithstanding.

Great Britain

Preamble.

Provisos,

&c. of 4 Geo.

2, not repealed by this act.

13 GEORGE 3, CAP. 21.—An act to extend the provisions of an act, made in the fourth year of the reign of his late majesty king George the second, intituled an act to explain a clause in an act made in the seventh year of the reign of her late majesty queen Anne, for natu ralizing foreign protestants, which relates to the children of the natural born subjects of the crown of England, or of Great Britain, to the children of such children.-Whereas divers natural born subjects of Great Britain, who profess and exercise the protestant religion through various lawful causes, especially for the better carrying on of commerce, have been, and are, obliged to reside in several trading cities and other foreign places, where they have contracted marriages, and brought up families: and whereas it is equally just and expedient that the kingdom should not be deprived of such subjects, nor lose the benefit of the wealth that they have acquired; and therefore that not only the children of such natural born subjects, but their children also, should continue under the allegiance of his majesty, and be entitled to come into this kingdom, and to bring hither and realize, or otherwise employ, their capital; but no provision hath hitherto been made to extend further than to the children born out of the legiance of his majesty, whose fathers were natural born subjects of the crown of England, or of Great Britain: may it therefore please your most excellent majesty that it may be enacted; and be it enacted by the king'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 the authority of the same, that all persons born, or who hereafter shall be born, out of the legiance of the crown of England, or of Great Britain, whose fathers were or shall be, by virtue of a statute made in the fourth year of king George the second, to explain a clause in an act made in the seventh year of the reign of her majesty queen Anne, for naturalizing foreign protestants, which relates to the natural born subjects of the crown of England, or of Great Britain, entitled to all the rights and privileges of natural born subjects of the crown of England, or of Great Britain, shall and may be adjudged and taken to be, and are hereby declared and enacted to be, natural born subjects of the crown of Great Britain, to all intents, constructions, and purposes whatsoever, as if he and they had been and were born in this kingdom: any thing contained in an act of the twelfth year of the reign of king William the third, intituled an act for the further limitation of the crown, and better securing the rights and liberties of the subject, to the contrary in anywise notwithstanding.

II. Provided always, and be it enacted and declared by the authority aforesaid, that nothing in this present act contained shall extend, or be construed, adjudged, or taken to extend, to make any persons born, or to be born, out of the legiance of the crown of England, or of the crown of Great Britain, to be natural born subjects of the crown of Great Britain, contrary to all or any of the provisos, exceptions, limitations, and restrictions, contained in the

aforesaid act, made in the fourth year of the reign of his said late majesty, or to repeal, abridge, or alter the same; but all such clauses shall be, and remain in the same state, plight, and condition, to all intents, constructions, and purposes whatsoever, as they would have been if this present act had never been made.

abridge or

5 Geo. 1.

III. Provided also, and be it further enacted by the authority Not to aforesaid, that nothing in this present act contained shall extend, or alter the act be construed, adjudged, or taken to repeal, abridge, or any ways alter, an act made in the fifth year of the reign of his late majesty king George the first, intituled an act to prevent the inconveniencies arising from seducing artificers in the manufactures of Great Britain, into foreign parts; nor to repeal, abridge, or any ways alter, any law, statute, custom or usage whatsoever, now in force, concerning aliens, duties, customs, and impositions, nor to cause any privilege, exemption, or abatement relating thereto, in favor of any person naturalized by virtue of this act, unless such person shall come into this realm, and there inhabit and reside, and shall take and subscribe the oaths, and make, repeat, and subscribe the declaration appointed by an act made in the first year of the reign of his late majesty king George the first, intituled an act for the further security of his majesty's person and government, and the succession of the crown in the heirs of the late princess Sophia, being protestants, and for extinguishing the hopes of the pretended prince of Wales, and his open and secret abettors, in such manner and form, and at such place and places as are in and by the said act directed, and also receive the sacrament of the Lord's supper, according to the usage of the church of England, or in some protestant or reformed congregation within this kingdom of Great Britain, within three months before their taking the oaths in the said act mentioned; and shall, at the time and place of taking and subscribing the said oaths, and of the making, repeating, and subscribing the said declaration, produce a certificate signed by the person administering the said sacrament, and attested by two credible witnesses, whereof an entry shall be made of record in the court and courts respectively wherein such oaths shall have been taken and subscribed, without any fee or reward.

any right

son on the

IV. Provided always, and be it further enacted by the authority Not to defeat aforesaid, that no person shall be enabled hereby to defeat any vested in estate, right, or interest, which upon the last day of this session another pershall be lawfully vested in any other person, or to claim or demand last day of any estate or interest, which shall hereafter accrue, unless such this session. claim or demand be made within five years next after the same shall accrue.

13 GEORGE 3, CAP. 25.-An act to explain two acts of parliament, one of the thirteenth year of the reign of his late majesty, for naturalizing such foreign protestants, and others, as are settled, or shall settle, in any of his majesty's colonies in America; and the other of the second year of the reign of his present majesty, for naturalizing such foreign protestants as have served, or shall serve, as officers or soldiers in his majesty's royal American regiment, or as engineers, in America.— Whereas by an act, made in the thirteenth year of the reign of his Preamble. late majesty king George the second, (intituled an act for naturalizing such foreign protestants, and others therein mentioned, as are settled,

Act 13 Geo.2.

or shall settle, in any of his majesty's colonies in America), all persons born out of the allegiance of his majesty, his heirs or successors, who shall have inhabited and resided, or shall inhabit or reside, for the space of seven years or more, in any of his majesty's colonies in America, or shall not have been absent out of the said colonies for a longer space than two months at any one time, during the said seven years, are, upon the conditions prescribed by the said act, naturalized and made partakers of all the benefits and privileges which the natural born subjects of this realm do enjoy, other than such as are specified in a proviso in the said act contained: and Act 2 Geo. 3. whereas by an act, made in the second year of the reign of his present majesty, (intituled an act for naturalizing such foreign protestants as have served, or shall serve, for the time therein mentioned, as officers or soldiers in his majesty's royal American regiment, or as engineers in America), it is enacted, that all such foreign protestants, as well officers as soldiers, who have served, or shall hereafter serve, in the royal American regiment, or as engineers in America, for the space of two years, shall, upon the terms required by the said recited act, be deemed, adjudged, and taken to be his majesty's natural born subjects of this kingdom, to all intents, constructions, and purposes, as if they and every of them had been, or were, born within this kingdom; and in both which acts respectively are contained provisos, that no person, who shall become a natural born subject of this kingdom by virtue of the said acts, shall be thereby enabled to be of the privy council, or a member of either house of parliament, or to be capable of taking, having, or enjoying any office or place of trust within the kingdom of Great Britain or Ireland, either civil or military, or of having, accepting, or taking any grant from the crown, to himself, or to any other in trust for him, of any lands, tenements, or hereditaments, within the kingdoms aforesaid : and whereas doubts may nevertheless arise, whether such persons as have been, or may be naturalized under or by virtue of the said recited acts, are capable of taking, having, or enjoying any office or place of trust, either civil or military, or of taking any grant of lands, tenements, and hereditaments, from the crown whatsoever; be it enacted and declared by the king'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 the authoAll persons rity of the same, that all and every person and persons that have shall become become, or shall become his majesty's natural born subjects, by force his majesty's or virtue of the said acts, or either of them, are and shall be deemed to be capable of taking and holding any office or place of trust, virtue of the either civil or military, and of taking and holding any grant of hereby deem- lands, tenements, and hereditaments, from the crown to himself or ed capable of themselves, or to any other or others in trust for him or them, as holding well under the great seal of Great Britain, as otherwise, (other than and except offices and places, and grants of lands, tenements, and hereditaments, within the kingdoms of Great Britain and Ireland); any law or act of parliament to the contrary notwithstanding.

who have, or

natural born

subjects, by

said acts, are

taking and

places of

trust, either civil or

military, &c.

PROTESTANT SUCCESSION TO THE CROWN.

1 WILLIAM & MARY, SESS. 1, CAP. 6.-An act for establishing the coronation oath.-See Title-" OATHS OF ALLEGIANCE, SUPREKACY, AND ABJURATION," vol. iii. p. 425.

1 WILLIAM & MARY, SESS. 2, CAP. 2.—An act declaring the rights and liberties of the subject, and settling the succession of the crown.— See Title- BILL OF RIGHTS," vol. i. p. 281.

the oaths by

7 & 8 WILLIAM 3, CAP. 27.—An act for the better security of his majesty's royal person and government.-Whereas the welfare and safety of this kingdom, and the reformed religion, do, next under God, entirely depend upon the preservation of your majesty's royal person and government, which by the merciful providence of God of late have been delivered from the bloody and barbarous attempts of traitors and other your majesty's enemies, who, there is just reason to believe, have in great measure been encouraged to undertake and prosecute such their wicked designs, partly by your majesty's great and undeserved clemency towards them, and partly by the want of a sufficient provision in the law, for the securing offices and places of trust to such as are well affected to your majesty's government, and for the repressing and punishing such as are known to be disaffected to the same: for remedy whereof may it please your majesty that it may be enacted, and be it enacted by the king'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 the authority of the same, that from and after Persons refu the first day of May one thousand six hundred ninety-six, all and sing to take every person and persons who shall refuse to take the oaths men- 1 W. & M. tioned and appointed to be taken in an act of parliament made in liable to the the first year of the reign of his present majesty and the late queen penalties of blessed memory, intituled an act for the abrogating of the oaths of popish recusupremacy and allegiance, and appointing other oaths, or either of sants. them, when tendered to him or them by any persons lawfully authorized to administer or tender the same, or shall refuse or neglect to appear when lawfully summoned, in order to have the said oaths tendered to him or them, shall, until he or they have duly taken the said oaths, be liable to incur, forfeit, pay and suffer all and every the penalties, forfeitures, sums of money, disabilities and incapacities, which by the laws and statutes of this realm, now in force, or any of them, are inflicted upon popish recusants duly convict of recusancy and for the better and more orderly levying and answering Names of the said penalties and forfeitures to his majesty, his heirs and successors, the persons so tendering the said oaths shall, upon every be entered such refusal or default of appearance as aforesaid, record and enter in parchment the christian and surnames, and the place of abode of the person or persons so refusing, or not appearing as aforesaid, to take the said oaths, or either of them, together with the time of such tender and refusal, or default of appearance, and shall deliver

sess. 1. c. 8,

inflicted on

persons

refusing to

on record.

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