powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Act of the Parliament of England concerning the succession
England. Parliament
1702
Volume 02, Pages 858-862

[Statutes of the Realm. 1 Annae. C. 16. A. D. 1702.]
AN ACT TO DECLARE THE ALTERATIONS IN THE OATH APPOINTED TO BE TAKEN BY THE ACT INTITULED AN ACT FOR THE FURTHER SECURITY OF HIS MAJESTIES 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 FOR DECLARING THE ASSOCIATION TO BE DETERMINED.

Whereas by the Demise of His late Majesty King William the Third and the Accession of Her present Majesty Queen Anne to the Imperial Crown and Dignity of these Realms the Form of an Oath contained in an Act made in the Thirteenth Year of the Reign of His said late Majesty intituled An Act for the further Security of His Majesties Person and the Succession of the Crown in the Protestant Line and for the extinguishing the Hopes of the pretended Prince of Wales and all other Pretenders and their open and Secret Abettors is now become necessary to be altered, Be it therefore declared and enacted by the Queens 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 the Twentieth

-------------------- page 859 --------------------
Day of April One thousand seven hundred and two, the Oath in the said recited Act mentioned be administred in such Manner and form as is herein after set down and prescribed that is to say.

I A: B: do truly and sincerely acknowledge profess testify and declare in my Conscience before God and the World That our Sovereign Lady Queen Anne is lawful and rightful Queen of this Realm and of all other Her Majesties Dominions and Countries thereunto belonging. And I do solemnly and sincerely declare that I do believe in my Conscience that the Person pretended to be Prince of Wales during the Life of the late King James and since his Decease pretending to be and taking upon himself the Stile and Title of King of England by the Name of James the Third hath not any Right or Title whatsoever to the Crown of this Realm or any other the Dominions thereto belonging And I do renounce refuse and abjure any Allegiance or Obedience to him And I do swear that I will bear Faith and true Allegiance to Her Majesty Queen Anne and Her will defend to the utmost of my Power against all traiterous Conspiracies and Attempts whatsoever which shall be made against Her Person Crown or Dignity And I will do my best Endeavor to disclose and make known to her Majesty and Her Successors all Treasons and traiterous Conspiracies which I shall know to be against Her or any of them And I do faithfully promise to the utmost of my Power to support maintain and defend the Limitation and Succession of the Crown against him the said James and all other Persons whatsoever as the same is and stands limited by an Act intituled An Act declaring the Rights and Liberties of the Subject and settling the Succession of the Crown to Her present Majesty and the Heirs of Her Body being Protestants And as the same by one other Act intituled An Act for the further Limitation of the Crown and better securing the Rights and Liberties of the subject is and stands limited after the Decease of her Majesty and for Default of Issue of her Majesty to the Princess Sophia Electoress and Dutchess Dowager of Hanover and the Heirs of Her Body being Protestants And all these things I do plainly and sincerely acknowledge and swear according to these express Words by me spoken and according to the plain and common Sence and Understanding of the same Words without any Equivocation Mental Evasion or secret Reservation whatsoever And I do make this Recognition Acknowledgement Abjuration Renunciation and promise heartily willingly and truly upon the true Faith of a Christian So help me God. And that all and every Person and Persons who are injoined or required to administer take or subscribe the Oath in the said recited Act mentioned shall administer take and subscribe the same

-------------------- page 860 --------------------
according to the Form herein set down and prescribed Any thing in the said recited Act to the contrary thereof in any wise notwithstanding

And whereas by an Act made in the Seventh year of the Reign of His said late Majesty King William the Third intituled An Act for the better Security of His Majesties Royall Person and Government it is recited that for the better Preservation of his said Majesties Royal Person and Government great Numbers of His Majesties good Subjects had entered into and subscribed an Association in the Words contained in the said Act which Association is by the same Act required to be subscribed in such Manner and by such Officers and Persons and under such Forfeitures Penalties Incapacities and Disabilities for the Neglect or Refusal to subscribe the same as in the said Act is mentioned and contained And whereas since the Death of the late King James and by the Demise of His said late Majesty King William the Third the subscribing the said Association is not necessary to be any longer continued such Part thereof as relates to the support and Defence of the Succession to the Crown (therein mentioned) being more fully provided for by the said recited Oath Be it enacted and declared by the Authority aforesaid That so much of the said recited Act of the Seventh Year of His said late Majesty King William the Third as relates to the said Association therein contained or the requiring any Officers or other Persons in the said Act mentioned to subscribe the same or for the enacting any Forfeitures Penalties Incapacities or Disabilities upon any Person for the Neglect or Refusal to subscribe the same or that requires any Court or Courts to tender the said Association or to register the Subscription thereof and all and every the Clause or Clauses in the said Act or any other subsequent Act or Acts contained relating to the said Association be and are hereby declared to be void and of no Effect to all Intents and Purposes whatsoever.

Provided Always and be it enacted and declared That such Members of the House of Peers and also such Members of the House of Commons who have taken and subscribed the Oath in the said first recited Act contained according to the Form agreed upon in each House respectively shall not be obliged again to take or subscribe the Oath according to the Form declared by this Act during the Continuance of this present Parliament for or in respect of their being Members of either House respectively nor in respect of any Comission Office or Place of Trust Fee Salary or Wages which such Member did hold and enjoy at the time of the taking and subscribing the said Oath.

-------------------- page 861 --------------------

And be it further enacted by the Authority aforesaid That all and every Person or Persons who in Her Majesties High Court of Chancery or in Her Court commonly called the Kings Bench or the Quarter Sessions may or are or shall be obliged to take the Oaths mentioned in an Act of Parliament made in the First year of the Reign of the late King William and Queen Mary entituled An Act for abrogating of the Oaths of Supremacy and Allegiance and appointing other Oaths and to make and subscribe the Declaration mentioned in an Act of Parliament made in the Five and twentieth year of the Reign of the late King Charles the Second intituled An Act for preventing Dangers which may happen from Popish Recusants may for ever hereafter at their Elections take the said Oaths and make and subscribe the said Declaration and deliver the Certificates of receiving the Sacrament of the Lord's Supper and make Proof of the Truth thereof which shall be inquired of and put upon Record according to the said last mentioned Act in her Majesties Court of Common Pleas or in Her Court of Exchequer at Westminster in such Manner and at such Times as by the said Acts or either of them they are obliged or may take the said Oaths and make and subscribe the said Declaration and deliver and prove such Certificates to be inquired of and put upon Record in the said Court of Chancery or Court of Kings Bench and such taking the Oaths making and subscribing the said Declaration and delivering of such Certificates proving the Truth thereof inquiring of and putting upon Record in the said Court of Common Pleas and Court of Exchequor shall be as effectual to all Intents and Purposes as if the same had been taken made and delivered inquired of proved and put upon Record in the said Court of Chancery or in the said Court of Kings Bench and the Justices of the said Court of Common Pleas and Barons of the said Court of the Exchequor are hereby authorized and required respectively to administer the said Oaths and do all other things as the Courts of Chancery and Kings Bench were by the said Statutes or either of them authorized and required to do or may do by virtue thereof.

And it is hereby further enacted by the Authority aforesaid That the Names of all Persons and Officers aforesaid that do or shall take the Oaths aforesaid in the Court of Common Pleas or Court of Exchequor shall be inrolled in the Courts where the same shall be taken respectively with the Day and Time of their taking the same in Rolls made and kept only for that Intent and Purpose and for no other the which Rolls as for the Court of Common Pleas shall be publickly hung up in the Office of the Chief Prothonotary of the said Court and the roll for the Exchequor in the Office of the Queens Remembrancer of the said Court and there

-------------------- page 862 --------------------
remain during the whole Term every Term for every one to resort to and to look upon without Fee or Reward And likewise none of the Persons aforesaid shall give or pay any Fee or Reward to any Officer or Officers belonging to either of the said Courts of Common Pleas or Exchequor above the Sum of Twelve Pence for his or their Entry of his or their taking of the said Oaths.

And be it further enacted by the Authority aforesaid that all and every the Person and Persons who by this Act or the said former Act made this present Parliament are to take and Subscribe the Oath therein or herein appointed to be taken within Three months after he or they shall be admitted into or enter upon any Preferments Benefices Offices or Places or come into any Capacity or take upon him or them any such Practise Imployment or Business in the said former Act mentioned may in the next Term or at the next Quarter Sessions of the County City or Place 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 Practise Imployment or Business as aforesaid (though it be after the Expiration of the said Three months) take and subscribe the said Oath in any of the said Four Courts of Westminster or Quarter Sessions which shall be as good and effectual to all Intents and Purposes as if taken and subscribed within the said Three Months but nevertheless every such Person that shall neglect to take and subscribe the said Oath in the next Term or next Quarter Sessions as aforesaid shall incur and be liable unto all the Penalties Forfeitures and Disabilities for refusing or neglecting to take and Subscribe the said Oath at such Time as in the said former Act is mentioned and likewise unto all the other Penalties for executing such Office or Imployment if he shall execute the same after such Neglect or Refusal to take and subscribe the said (Oath) as is therein mentioned.