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No. XIII.

4 Geo. II.

c. 21.

of the said recited clause in the said Act of the seventh year of her -late Majesty's reign:' Now for the explaining the said recited clause in the said Act, relating to children of natural-born subjects, and to prevent any disputes touching the true intent and meaning thereof, May it please your most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons, in this Children of napresent Parliament assembled, and by the authority of the same, That tural born Suball children born out of the ligeance of the Crown of England, or of jects born out of Great Britain, or which shall hereafter be born out of such ligeance, the allegiance whose fathers were or shall be natural-born subjects of the Crown of of the Crown, England or of Great Britain, at the time of the birth of such children declared to be respectively, shall and may, by virtue of the said recited clause in the said Act of the seventh year of the reign of her said late Majesty, and 7 Anne,c.5. §3. of this present Act, be adjudged and taken to be, and all such children are hereby declared to be, natural-born subjects of the Crown of Great Britain, to all intents constructions and purposes whatsoever.

natural-born.

II. Provided always, and be it further enacted and declared by the Children of Paauthority aforesaid, That nothing in the said recited Act of the seventh rents attainted year of her said late Majesty's reign, or in this present Act contained, of Treason, did doth or shall extend, or ought to be construed adjudged or taken to extend, to make any children 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 England, or of Great Britain, whose fathers at the time of the birth of such children respectively were or shall be attainted of High Treason, by judgment outlawry or otherwise, either in this Kingdom or in Ireland, or whose fathers at the time of the birth of such children respectively, by any law or laws made in this Kingdom or in Ireland, were or shall be liable to the penalties of High Treason or Felony, in case of their returning into this Kingdom or into Ireland without the licence of his Majesty, his Heirs or Successors, or of any of his Majesty's Royal Predecessors, or whose fathers at the time of the birth of such children respectively were or shall be in the actual or in actual serservice of any foreign Prince or State then in enmity with the Crown of vice of foreign England or of Great Britain, but that all such children are were and Princes in enshall be and remain in the same state plight and condition, to all intents mity with the constructions and purposes whatsoever, as they would have been in, if the said Act of the seventh year of her said late Majesty's reign, or this present Act, had never been made; any thing herein, or in the said Act of the seventh year of her said late Majesty's reign, contained to the contrary in any wise notwithstanding.

Crown, except

ed.

III. Provided always, and be it further enacted by the authority afore- Proviso. said, That if any child, whose father at the time of the birth of such child was attainted of High Treason as aforesaid, or was liable to the penalties of High Treason or Felony, in case of returning into this Kingdom or Ireland without licence as aforesaid, or was in the actual service of any foreign Prince or State then in enmity with the Crown of England, or of Great Britain (other than and excepting always out of this proviso all children of such persons who went out of Ireland in pursuance of the articles of Limerick) hath come into Great Britain or Ireland or any other of the Dominions belonging to the Crown of Great Britain, and hath continued to reside within Great Britain or Ireland, or other the Dominions aforesaid, for the space of two years, at any time between the sixteenth day of November in the year of our Lord one thousand seven hundred and eight, and the twenty-fifth day of March in the year of our Lord one thousand seven hundred and thirty-one, and during such residence hath professed the Protestant Religion; or if any child whose father at the time of his or her birth was within any of the descriptions before-mentioned, hath come into Great Britain or Ireland, or any of the Dominions belonging to the Crown of Great Britain, and professed the Protestant Religion, and died within Great Britain or Ireland, or any other of the Dominions aforesaid, at any time between the said sixteenth day of November in the year of our Lord one thousand seven hundred and eight, and the said twenty-fifth day of March in the year of

No. XIII.

c. 21.

our Lord one thousand seven hundred and thirty-one; or if any child, 4 Geo. II. whose father at the time of his or her birth was within any of the descriptions before-mentioned, hath been and continued in the actual possession or receipt of the rents and profits of any lands tenements or hereditaments in Great Britain or Ireland, for the space of one whole year, at any time between the said sixteenth day of November in the year of our Lord one thousand seven hundred and eight, and the said twentyfifth day of March in the year of our Lord one thousand seven hundred and thirty-one, or hath bona fide, and for good and valuable consideration, sold conveyed or settled any lands tenements or hereditaments in Great Britain or Ireland, and any person claiming title thereto, under such sale conveyance or settlement, hath been and continued in the actual possession or receipt of the rents and profits thereof for the space of six months, between the said sixteenth day of November in the year of our Lord one thousand seven hundred and eight, and the said twenty-fifth day of March in the year of our Lord one thousand seven hundred and thirty-one, every such child shall be deemed adjudged and taken to be and to have been a natural born subject of the Crown of England, or of the Crown of Great Britain, to all intents constructions and purposes whatsoever; any thing herein contained to the contrary thereof in any wise notwithstanding.

13 Geo. II. c. 7.

Foreigners living seven years in any of our Colonies to be deemed Natives, on taking the oaths, &c.

[No. XIV. ] 13 Geo. II. c. 7.-An Act for naturalizing such Foreign Protestants, and others therein mentioned, as are settled, or shall settle, in any of his Majesty's Colonies in America.

WHEREAS the increase of people is a means of advancing the wealth and strength of any nation or country: And whereas many Foreigners and Strangers, from the lenity of our Government, the purity of our Religion, the benefit of our Laws, the advantages of our Trade, and the security of our Property, might be induced to come and settle in some of his Majesty's Colonies in America, if they were made partakers of the advantages and privileges which the natural-born Subjects of this realm do enjoy; Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritural and Temporal, and Commons, in this present Parliament assembled, and by the authourity of the same, That from and after the first day of June in the year of our Lord one thousand seven hundred and forty, all persons born out of the ligeance of his Majesty, his Heirs or Successors, who 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, and shall not have been absent out of some of the said Colonies for a longer space than two months at any one time during the said seven 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 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, his open and secret Abettors; or, being of the people called Quakers, shall make and subscribe the Declaration of Fidelity, and take and affirm the effect of the Abjuration Oath appointed and subscribed by an Act made in the eighth year of the reign of his said late Majesty, intituled, Quakers to sub- An Act for granting the people called Quakers, such Forms of Affirmation or Declaration, as may remove the Difficulties which many of them lie under ; and also make and subscribe the profession of his Christian Belief, appointed and prescribed by an Act made in the first year of the reign of their late Majesties King WILLIAM and Queen MARY, intituled, An Act for exempting their Majesties Protestant Subjects from the penal ies of certain Laws; before the Chief Judge or other Judge of the Colony wherein such persons respectively have so inhabited and resided, or shall

scribe the de

claration of

fidelity, &c.

so inhabit or reside, 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; which said oath or affirmation and subscription of the said declarations respectively, the Chief Judge or other Judge of every of the said respective Colonies is hereby enabled and impowered to administer and take; and the taking and subscribing of every such oaths or affirmation, and the making repeating and subscribing of every such declaration, shall be before such Chief Judge or other Judge in open Court, between the hours of nine and twelve in the forenoon; and shall be entered in the same Court, and also in the Secretary's Office of the Colony wherein such person shall so inhabit and reside: And every Chief Judge or other Judges of every respective Colony, before whom such oaths or affirmation shall be taken, and every such declaration shall be made repeated and subscribed as aforesaid, is hereby required to make a due and proper entry thereof in a book to be kept for that purpose in the said Court; for the doing whereof two shillings and no more shall be paid at each respective place, under the penalty and forfeiture of ten pounds of lawful money of Great Britain for every neglect or omission : And in like manner every Secretary of the Colony wherein any person shall so take the said oaths or affirmation, and make repeat and subscribe the said declarations respectively as aforesaid, is hereby required to make a due and proper entry thereof in a book to be kept for that purpose in his office, upon notification thereof to him by the Chief Judge or other Judge of the said Colony, under the like penalty and forfeiture for every such neglect or omission.

No. XIV.

13 Geo. II. c. 7.

II. Provided always, and be it enacted by the authority aforesaid, Each qualified That no person, of what quality condition or place soever, other than person to reand except such of the people called Quakers as shall qualify themselves ceive the Saand be naturalized by the ways and means herein beforementioned, or crament, except such who profess the Jewish religion, shall be naturalized by virtue Quakers and of this Act, unless such person shall have received the Sacrament of the Jews. Lord's Supper in some protestant and reformed congregation within this 20 Geo. II. c.44. Kingdom of Great Britain, or within some of the said Colonies in America, within three months next before his taking and subscribing the said oaths, and making repeating and subscribing the said declaration; and shall at the time of his taking and subscribing the said oaths, and 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 in the Secretary's office of the Colony wherein such person shall so inhahabit and reside, as also in the court where the said oath shall be so taken as aforesaid, without any fee or reward.

III. And whereas the following words are contained in the latter part of the Oath of Abjuration, Videlicit (upon the true faith of a Christian :) And whereas the people professing the Jewish religion may thereby be prevented from receiving the benefit of this Act;' Be it further enacted

by the authority aforesaid, That whenever any person professing the Jews taking the Jewish religion shall present himself to take the Oath of Abjuration in Oaths, may omit pursuance of this Act, the said words (upon the true faith of a Chris- some exprestian) shall be omitted out of the said oath in administering the same sions. to such person, and the taking and subscribing the said oath by such person professing the Jewish religion, without the words aforesaid, and the other oaths appointed by the said Act, in like manner as Jews were permitted to take the Oath of Abjuration by an Act made in the tenth year of the reign of his late Majesty King GEORGE the First, intituled, An Act for explaining and amending an Act of the last Session of Parliament, intituled, An Act to oblige all Persons, being Papists, in that part of Great Britain called Scotland, and all Persons in Great Britain, refusing or neglecting to take the Oaths appointed for the security of his Majesty's Person and Government, by several Acts herein mentioned, to register their names and real estates; and for enlarging the Time for taking the said Oaths, and making such Registers, and for allowing further time for the

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No. XIV.

13 Geo. II.

c. 7.

Certificates.

This clause is
extended by 20
Geo. II. c. 44.

Secretary of the
Colony to send
over lists to be
registered in
England;

on Penalty of

50%

Proviso.

Extended to the
Unitas Fratrum
by 20 Geo. II.
c. 44.

See farther 22
Geo. II. c. 45,

and 19 Geo. II.
c. 5. enabling
his Majesty to
grant Commis-

Inrolment of Deeds or Wills made by Papists, which have been omitted enrolled pursuant to an Act of the third year of his Majesty's reign; and for giving Relief to Protestant Lessees, shall be deemed a sufficient tal of the said oaths, in order to intitle such person to the benefit of b naturalized by virtue of this Act.

IV. And be it further enacted by the authority aforesaid, Tha testimonial or certificate under the seal of any of the said Colonics any persons having resided and inhabited for the space of seven y or more as aforesaid within the said Colonies or some of them, to specified in such certificate, together with the particular time of reside in each of such respective Colonies (whereof the Colony under the of which such certificate shall be given to be one,) and of his hav taken and subscribed the said oaths, and of his having made repe ed and subscribed the said declaration; and in case of a Quaker, of having made and subscribed the Declaration of Fidelity, and of his havi taken and affirmed the effect of the Abjuration Oath as aforesaid; a in the case of a person professing the Jewish religion, of his having tak the Oath of Abjuration as aforesaid, within the same Colony, under t seal whereof such certificate shall be given as aforesaid, shall be deem and taken to be a sufficient testimony and proof thereof, and of his bein a natural born subject of Great Britain, to all intents and purposes wha soever, and as such shall be allowed in every Court within the Kingdon of Great Britain and Ireland, and also in the said Colonies in America. V. And be it further enacted by the authori y aforesaid, That ever Secretary of the said respective Colonies for the time being, shall and hereby directed and required at the end of every year, to be compute from the said first day of June in the year of our Lord one thousand seve hundred and forty, to transmit and send over to the office of the Con missioners for Trade and Plantations kept in the City of London or Wl'es minister, a true and perfect list of the names of all and every person an persons who have in that year intitled themselves to the benefit of th Act, under the penalty and forfeiture of fifty pounds of lawful mone of Great Britain for every neglect or omission: all which said lists s transmitted and sent over, shall from year to year be duly and regularl entered by the said Commissioners, in a book or books to be had an kept for that purpose in the said Office, for public view and inspection as occasion shall require.

n

VI. Provided always, and it is hereby further enacted, That person who shall become a natural-born subject of this Kingdom by vi tue of this Act, shall be of the Privy Council, or a Member of eithe House of Parliament, or capable of taking having or enjoying any offic or place of trust within the Kingdoms of Great Britain or Ireland, eithe 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 tene ments or hereditaments within the Kingdoms of Great Britain or Ireland notwithstanding. any thing herein before contained to the contrary thereof in any wis

sions to a certain number of foreign Protestants to act in America.

[ No. XV. ] 20 Geo. II. c. 44.-An Act to extend th Provisions of an Act made in the thirteenth Year his present Majesty's Reign, intituled, An Act for no turalizing such Foreign Protestants, and others therei mentioned, as are settled, or shall settle in any of his Mo jesty's Colonies in America, to other Foreign Protestant who conscientiously scruple the taking of an Oath.

31 Geo. II. c. 7. WHEREAS by an Act made in the thirteenth year of his present Ma

jesty's reign, intituled, an Act for naturalizing such foreign Prote tants, and others therein mentioned, as are settled, or shall settle in any of h Majesty's Colonies in America; it was enacted, That from and aft

No. XV.

c. 44.

the first day of June in the year of our Lord one thousand seven hundred and forty, all persons born out of the ligeance of his Majesty his heirs or successors, who had inhabited and resided, or should inhabit 20 Geo. II. and reside for the space of seven years or more, in any of his Majesty's Colonies in America, and should not have been absent out of some of the said Colonies for a longer space than two months at any one time, during the said seven years, and should take and subscribe the caths, 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, 1 Geo. I. c. 13. 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; or being of the people called • Quakers, should make and subscribe the Declaration of Fidelity, and take and affirm the effect of the Abjuration Oath, appointed and prescribed by an Act made in the eighth year of the reign of his said late Majesty, intituled, An Act for granting the people called Quakers, such 8 Geo. III. c. 13. forms of Affirmation and Declaration, as may remove the Difficulties which many of them lie under; and also make and subscribe the profession of his Christian Belief, appointed and prescribed by an Act made in the first

year of the reign of the late Majesties King WILLIAM and Queen MARY, 1 W. & M. st. 1. intituled, An Act for exempting their Majesties' Protestant Subjects from the c. 18. Penalties of certain Laws, before the Chief Judge or other Judge of the Colony wherein such persons respectively had so inhabited and resided, or should so inhabit and reside, should 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 one of 'them had been or were born within this Kingdom: And whereas many of the people of the Congregation called the Moravian Brethren, and other foreign Protestants, not Quakers, who conscientiously scruple the 'taking of an oath, are settled in his Majesty's Colonies in America, and ' demean themselves there as a sober quiet and industrious people, and many others of the like persuasion are desirous to transport themselves thither; and if the benefit of the said Act made in the thirteenth year of his present Majesty's reign were extended to them, they who are now 'there would thereby be encouraged to continue their residence in his Majesty's Colonies, and others would resort thither in greater numbers, whereby the said Colonies would be improved, their strength increased, and their trade extended;' 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 from and after the twenty-fifth Foreign Protesday of December one thousand seven hundred and forty-seven, all foreign tants residents Protestants, who conscientiously scruple the taking of an oath, and who in America are born out of the ligeance of his Majesty his heirs or successors, who seven years, have inhabited and resided, or shall inhabit and reside, for the space of who scruple an seven years or more, in any of his Majesty's Colonies in America, and oath, upon making and subshall not have been absent out of some of the said Colonies for a longer

and

Affirmation of

space than two months at any one time during the said seven years, scribing the shall make and subscribe the Declaration of Fidelity, and take and affirm Fidelity and the effect of the Abjuration Oath, appointed and prescribed by the said Declaration; recited Act made in the eighth year of the reign of his late Majesty King GEORGE the First, and also make and subscribe the profession of his Christian Belief, appointed and prescribed by the said recited Act made in the first year of the reign of their late Majesties King WILLIAM and Queen MARY, before the Chief Judge or other Judge of the Colony wherein such persons respectively have so inhabited and resided, or shall

so inhabit and reside, shall be deemed adjudged and taken to be his to be deemed Majesty's natural-born Subjects of this Kingdom, to all intents construc- natural-born tions and purposes as if they and every of them had been or were born Subjects, within this Kingdom; which said Affirmation and subscription of the said Declaration, the said Chief or other Judge of every of the said respective Colonies is hereby enabled and empowered to administer and take; and

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