Page images
PDF
EPUB

No. 16.

excellent Majesty, by and with the Advice and Consent of the Lords 2 Geo. III. c. 25. Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, 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, 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 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, his open and secret Abettors; and shall, at the Time of subscribing the said Oaths, and making, repeating, and subscribing the said Declara tion, produce Certificates, signed in Manner directed by the above recited Act of the thirteenth of his late Majesty, of their having received the Sacrament in some Protestant and Reformed Congregation within the Kingdom of Great Britain, or within some of the said Colonies in America, within six Months before that Time, shall 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 that no Estates, of what Nature or Kind soever, purchased by them or any of them, in any of his Majesty's Colonies in America, since the passing of the above recited Act of the twentyninth Year of the Reign of his said late 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.

Sie. in Orig. but the Act re ferred to is the

1th of Geo. II.

II. Provided always, and be it enacted by the Authority aforesaid, That Nothing in this Act contained shall extend, or be construed to extend, to naturalize any Person or Persons whatsoever, who, by virtue of an Act made in the fourth Year of the Reign of his late Majesty King GEORGE the First, (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 naturalizing foreign Protestants, which relates to the Children of natural-born Subjects of the Crown of England, or of Great Britain) are declared and enacted not to be intitled 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 any wise notwithstanding.

III. Provided also, and be it further enacted, That no Person who shall become a natural-born Subject of this Kingdom, by virtue of 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, 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; any Thing hereis contained to the contrary thereof in any wise notwithstanding.

[ocr errors]

No. 17.

13 Geo. III. c. 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, in
Act to explain a Clause in an Act made in the seventh
Year of the Reign of her late Majesty Queen Anne,
for naturalizing 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
ruch Children.

WHEREAS divers natural-born Subjectsligi Great Brita raons
HEREAS divers natural-born Subjects of Great Britain, who 13 Geo. III. c. 21.

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 farther than to the Children born out of the Ligeance 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 Ligeance 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 Aet 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, ailed 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, naturalborn Subjects of the Crown of Great Britain, to all Intents, Constructions, and Purposes whatsoever, as if he and they had been or were born in this Kingdom; any Thing contained in an Act of the welfth Year of the Reign of King WILLIAM the Third, intituled, 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 Ligeance 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 Provisoes, Exceptions, Limitations, and Restrictions, contained in the aforesaid Act, made in the fourth Year of the Reign of his said Majesty, or to repeal, abridge, or alter the same; but all such

Provisoes, &c. of
4 Geo. 11. not
Act.
repealed by this

No. 17.

Clauses shall be, and remain in the same State, Plight, and Condition, 13 Geo. III. c. 21. to all Intents, Constructions, and Purposes whatsoever, as they would have been if this present Act had never been made.

Not to abridge or alter 5 Geo. I.

Not to defeat any Right vested in on the last Day of

another Person

the Session.

III. Provided also, and be it further enacted by the Authority aforesaid, That nothing in this present Act contained shall extend, or 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 favour 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 any 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 Ŏaths in the said Act mentioned; and shall, at the Time and Place of taking and subscribing the said Oaths, and of making, repeating, and subscribing the said Declaration, produce a Certificate signed by the Person administring 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.

IV. Provided always, and be it further enacted by the Authority aforesaid, That no Person shall be enabled hereby to defeat any Estate, Right, or Interest, which upon the last Day of this Session shall be lawfully vested in any other Person, or to claim or demand any Estate or Interest, which shall hereafter accrue, unless such Claim or Demand be made within five Years next after the same shall accrue.

24 Geo. II. c. 84.

No. 18.

14 Geo. III. c. 84.-An Act to prevent certain Inconveniencies that may happen by Bills of Naturalization.

WH

THEREAS it hath been found that many Persons, born out of the Allegiance of the Crown of Great Britain, obtain Bills of Naturalization for the Purpose of availing themselves in foreign Countries of the Immunities and Indulgences belonging to his Majesty's trading Subjects, by Treaties, or otherwise; and in order to apply the said Immunities and Indulgences to promote the Trade of the Country to which the Persons so naturalized originally belonged, and not with any design of fixing their Residence in Great Britain, or of becoming useful Subjects thereof: And whereas it is neither just nor expedient to permit such Abuses of the true Intent of Naturalization;' may it therefore please your Majesty that it may be enacted; and be it enacted by the King's inost excellent Majesty,

No. 18.

naturalized here.

by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by 14 Geo. III. c.84. the Authority of the same, That no Person shall hereafter be naturalized, unless in the Bill exhibited for that Purpose there shall be a Persons how to be Clause or Proviso inserted to declare that such Person shall not after. thereby obtain, or become intitled to claim, within any foreign Country, any of the Immunities or Indulgences in Trade which are or may be enjoyed or claimed therein by natural-born British Subjects, by virtue of any Treaty, or otherwise, unless such Person shall have inhabited and resided within Great Britain, or the Dominions thereunto belonging, for the Space of seven Years, subsequent to the first Day of the Session of Parliament in which the said Bill of Naturalizaton shall have passed, and shall not have been absent out of the same for a longer Space than two Months, at any one Time, during the said seven Years; and that no Bill of Naturalization shall hereafter be received, in either House of Parliament, unless such Clause of Proviso be first inserted or contained therein.

PART 1. CLASS II.

STATUTES RELATING TO THE CLERGY.

[The Statutes included in this Class comprize those which relate to Residence and the Prohibition of exercising Trades-to Simony-to Ordination-the Uniformity of public Worship-the Presentation to Benefices-the Stipends of Curatesthe Establishment and Regulation of Queen Anne's Bounty-the Erection of Glebe Houses-the Power of making Donations for the Benefit of the Churchthe Union of Churches-and the Keeping of Registers.

The Statutes relating to the Convocation-to the obtaining of Provisions from Rome previous to the Reformation-to the Alterations in the Law established by the_Reformation, including the Dissolution of Monasteries-and to the Revenues of Tenths and First-fruits, otherwise than as connected with Queen Anne's Bounty, are not included in the Collection.

The Statutes respecting Tithes will form a particular Class under Part IV. with the exception of those which particularly concern the Functions of Justices of Peace, and which will be inserted under the Article "Tithes," in Part VI.

The Statutes respecting Leases, by spiritual Persons, will form a distinct Class in Part II. Those which relate to the Exemption of Clergymen in certain Cases, from Arrest, will be inserted in Part IV. The Statutes relating to the Benefit of Clergy, in criminal Cases, are more immediately applicable to Part V. and so far as regards the existing Law, have no peculiar Relation to spiritual Persons, except that they are exclusively entitled to the Benefit of Clergy a second Time.

Any Statutes respecting Papists and Dissenters, contained in this Collection, will be found in Parts V. & VI-Those respecting the Penalties for not going to Church, and the Profanation of the Lord's Day, in Part VI.

It has not been thought material to include in the Collection the Statute 35 Ed. I. Ne Rector prosternet Arbores in Cametario, which prohibits the cutting of Trees in Church-yards, except for the Repair of the Church or Chancel-the Statute 9 Ed. II. Stat. 1, De Diversis Libertatibus Clero concessis-the Statute for the Clergy, 14 Ed. III. Stat. 4, which does not contain any Provisions applicable to the Copies above mentioned, as forming the Subject of the present Classthe Statute for the Clergy, 2 Ed. III. Stat. 3, which contains Provisions against wrongful Presentations by the Crown-the Statute 15 Richard II. c. 6, that in Appropriation of Churches there shall be Provisions made for the Poor and a Vicaror any of the ancient Statutes respecting Heresy.]

21 H. VIII. c. 13.

The several Benefits ensuing the Performance of this Statute. Savil 22. Hob. 157. 2 Roll. 480. 3 Leon, 129.

[ocr errors]

No. 1.

21 Henry VIII. c. 13.-Spiritual Persons abridged from having Pluralities of Livings, and from taking of Ferms, &c. (1)

Fdivine Service, the preaching and teaching the Word of God, with godly and good Example given, the better Discharge of Curates, the Maintenance of Hospitality, the Relief of poor People, the Increase of Devotion, and good Opinion of the Lay-fee toward the spiritual Persons : Be it enacted, ordained, and established by

OR the more quiet and virtuous Increase and Maintenance of

(1) See several Alterations of the Provisions of this Act by Stat. 45,

Geo. III. c. 84, post No. 27.

« PreviousContinue »