Qualification for Employments Act 1726

by Parliament of the United Kingdom

Qualification for Employments Act, 1726

(13 Geo. 1) C A P. XXIX.

Qualification for Employments Act, 1726

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Anno Regni GEORGII Regis Magn Britanni, Franci & Hiberni, decimo tertio.

'AT the Parliament begun and holden at Westminster the ninth Day of October Anno Domini one thousand seven hundred and twenty-two, in the ninth Year of the Reign of our Sovereign Lord GEORGE by the Grace of God, of Great Britain, France , and Ireland , King, Defender of the Faith, &c. And from thence continued by several Prorogations to the seventeenth Day of January one thousand seven hundred and twenty-six; being the fifth Session of this present Parliament.'

An Act for allowing further Time to Persons on board the Fleet, or beyond the Seas in his Majesty's Service, to qualify themselves for the legal Enjoyment of Offices and Employments, and for indemnifying such Persons as have omitted to qualify themselves within the Time limited for that Purpose, and for the better ascertaining such Time.

Further Time allowed for Persons on board the Fleet, or beyond Sea. 25 Car. 2. c. 2. 1 Geo. 1. c. 13. So as they qualify themselves in three Calendar Months after their Return.

'I. WHEREAS divers of his Majesty's faithful Subjects now are and may hereafter be on board the Fleet, and in several Countries and Places beyond the Seas in the Service of his Majesty, his Heirs or Successors, at such Times as it may please his Majesty, his Heirs or Successors, out of his or their Royal Grace and Benevolence, to reward the Services of such his Subjects with Offices, Places and Preferments, in Consequence of which such Officers or Persons so preferred will, according to the Laws now in Being, be obliged to receive the Sacrament, and take and subscribe the Oaths, and make and subscribe the Declaration directed by the Laws now in Force to be received, taken, made and subscribed, within the respective Times limited for that Purpose; the receiving, taking, making and subscribing whereof, within such Times may, by reason of the great Distance of such Persons from the Kingdom of Great Britain , be impracticable: And whereas divers others of his Majesty's Subjects zealously affected to his Person and Government, and the Protestant Succession in his Royal House, have, through Ignorance of the Law, or unavoidable Accidents, been prevented from receiving the Sacrament, and taking the said Oaths, and making and subscribing the said Declaration within the Times limited for that Purpose, and by Means thereof are in Danger of incurring divers Penalties and Disabilities;' Now for the making due Provisions, that such of his Majesty's Subjects, as are or shall be on board the Fleet, or beyond the Seas in the Service of his Majesty, his Heirs or Successors, may not incur the Penalties aforesaid, by reason of their Continuance in such Service, and for quieting the Minds of others his Majesty's faithful Subjects, and preventing any Inconveniencies that might otherwise happen by Means of such Omissions, 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 nothing contained in one Act of Parliament, made in the twenty-fifth Year of the Reign of his late Majesty King Charles the Second, intituled, An Act for preventing Dangers which may happen from Popish Recusants , nor in one other Act made in the first Year of his present Majesty's Reign, 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 , shall extend or be construed to extend to any Person or Persons, who upon the seventeenth Day of January in the Year of our Lord one thousand seven hundred and twenty-six, or at any Time after, was, were or shall be on board the Fleet of his Majesty, his Heirs or Successors, or in his or their Service beyond the Seas at such Time or Times, as any Office or Offices, Place or Places, Preferment or Preferments, Employment or Employments, Pay, Salary, Fee or Wages, was, were or shall be granted, given or conferred to or upon him or them, and who by Virtue of the said Acts, or either of them, ought to receive the Sacrament, or take the said Oaths in the last mentioned Act contained, and make and subscribe the Declaration therein mentioned, in respect of any such Office, Place Preferment, Employment, Pay, Salary, Fee or Wages so granted, given or conferred, or to be granted, given or conferred as aforesaid, so as such Person or Persons do, within three Calendar Months next after his or their Return into Great Britain , receive the said Sacrament, take and subscribe the said Oaths, and make and subscribe the said Declaration respectively, as the Case shall require, in such Manner and Form, and in such Place and Places, as in and by the before mentioned Acts respectively is directed and appointed.

‘All Persons heretofore on board the Fleet, or beyond Sea, indemnified. They are to receive the Sacrament before the last Day of Michaelmas Term 1727.’ E X P.

By three Months is to be understood three Kalendar Months Skin. 314.

IV. And it is hereby declared and enacted by the Authority aforesaid, That the Space of three Months, in and by the said Acts herein before particularly mentioned, or either of them, or any other Act or Acts of Parliament, limited for receiving the said Sacrament, taking and subscribing the said Oaths, or making and subscribing the said Declaration, was meant and intended, and shall be construed, deemed and taken to be three Kalendar Month, and that the same ought at all Times to have been so construed, deemed and taken.

Not to restore to an Office actually avoided.

V. Provided always, That this Act, or any Thing herein contained, shall not extend or be construed to extend, to restore or intitle any Person or Persons to any Office, Employment, Benefice, Matter or Thing whatsoever, already actually avoided by Judgment of any of his Majesty's, Courts of Record, or already filled up or enjoyed by another Person, but that such Office, Employment, Benefice, Matter or Thing so avoided or filled up, or enjoyed as aforesaid, shall be and remain in and unto the Person or Persons who is or are now intitled by Law to the same, as if this Act had never been made.

Officers not qualifying themselves in the Time limited, liable to Disabilities, &c.

VI. Provided always, and it is hereby further enacted by the Authority aforesaid, That in case it shall happen that any such Officer or Person now or hereafter being on board the Fleet, or in the Service of his Majesty, his Heirs or Successors, beyond the Seas as aforesaid, or in case any of his Majesty's Subjects, who have omitted to receive the Sacrament, and take and subscribe the Oath, and make and subscribe the Declaration, as by the said Acts they ought to have done (except all such Persons who at any Time heretofore were on board the Fleet of his Majesty, or of any of his Predecessors, or in his or their Service beyond the Seas, at the Time any Office, Imployment, Pay or Salary was granted to them, and who, within three Kalendar Months after their Return into Great Britain , did receive the said Sacrament, take and subscribe

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the said Oaths, and make and subscribe the said Declaration respectively as aforesaid) shall make Default in so doing, within the Times, and according to the Directions in and by this Act limited and appointed, then every such Person so making Default shall be liable unto and incur all such Disabilities, Incapacities, Forfeitures and Penalties, as in and by the said recited Acts or either of them are respectively provided and inflicted for not receiving the Sacrament, or not taking and subscribing the said Oaths, or not making and subscribing the said Declaration.

Executing any Office after Default liable to the Acts 25 Car. 2. c. 2. and 1 Geo. 1. c. 13.

VII. And in case of executing any such Office, Place or Imployment after such Default, every such Person and Persons being thereof lawfully convicted in such Manner as by the said Act made in the twenty-fifth Year of the Reign of King Charles the Second, or the said Act made in the first Year of his Majesty's Reign is respectively directed, shall be liable unto, and incur all such Disabilities, Incapacities, Forfeitures and Penalties, as in and by the said respective Acts are in the like Case provided and inflicted.