Security of the Succession, etc. Act 1701

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Security of the Succession, etc. Act 1701
by Parliament of England
source: http://www.british-history.ac.uk/report.asp?compid=47004


13 & 14 William III, c. 6 (England)


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


[Assented to  1701.]


Recital of Bill of Rights 1689, Section 1; and of Act of Settlement 1701, Section 1; and that the French King had caused the pretended Prince of Wales to be proclaimed King of England, &c. and that the said pretended Prince had assumed the said Style and Title.; Reasons for passing this Act.; All Persons bearing Office Civil or Military, &c.; Persons in the Service of Prince George and the Princess Ann of Denmark, and all Ecclessiastical Persons, being of the Age of 18, and other Persons herein described residing in London and Westminster or within 30 Miles thereof at the Time and in Manner herein mentioned to take the Oath following
I. Whereas by an Act made in the First Year of the Reign of Your most Excellent Majesty and Your late Royal Consort Queen Mary of ever blessed Memory intituled An Act declaring the Rights and Liberties of the Subject and settling the Succession of the Crown It was enacted established and declared That the Crown and Regal Government of the Kingdoms of England France and Ireland and the Dominions thereunto belonging should be and continue to Your said Majesties and the Survivor of You during Your Joint Lives and the Life of the Survivor of Your Majesties and that after the Decease of Your Majestie and of the said late Queen Mary the said Crown and Regal Government should be and remain to the Heirs of the Body of the said late Queen and for Default of such Issue to her Royal Highness the Princess Ann of Denmark and the Heirs of Her Body and for Default of such Issue to the Heirs of the Body of Your Majesty And whereas by One other Act made in the Twelfth Year of Your Majesties Reign entituled An Act for the further Limitation of the Crown and better securing the Rights and Liberties of the Subject It was enacted That the Crown and Regal Government of the said Kingdoms and the Dominions thereunto belonging with the Royal State and Dignity of the said Realms and all Honours Stiles Titles Regalities Prerogatives Powers Jurisdictions and Authorities to the same belonging and appertaining after the Decease of Your Majesty and of the said Princess Ann of Denmark and in Default of Issue of the said Princess Ann of Denmark and of Your Majesty respectively should be remain and continue to be to the most Excellent Princess Sophia Electoress and Dutchess Dowager of Hanover Daughter of the most Excellent Princess Elizabeth late Queen of Bohemia Daughter of Our late Sovereign Lord King James the First and the Heirs of the Body of the said Princess Sophia being Protestants And whereas the French King in Hopes of disturbing the Peace and Repose of Your Majesty and Your Kingdoms and creating Divisions therein hath since the making the said Act caused the pretended Prince of Wales to be proclaimed in Your Majesties said Kingdom of France by the Name Stile and Title of James the Third King of England Scotland and Ireland whereupon the said pretended Prince hath assumed the said Stile and Title in open Defiance of the Provisions made for the Establishment of the Title and Succession of the Crown by the said several Acts of Parliament on which said Acts the Safety of Your Majesties Royal Person and Government the Continuance of the Monarchy of England the Preservation of the Protestant Religion the Maintenance of the Church of England as by Law established the Security of the ancient and undoubted Rights and Liberties and the future Peace and Tranquillity of this Kingdom, do (under God) intirely depend To the Intent therefore that the said Acts may be for ever inviolably preserved and that all future Questions and Divisions by reason of any pretended Titles to the Crown may be prevented We Your Majesties most dutiful and loyal Subjects the Lords Spiritual and Temporal and Commons in this present Parliament assembled do humbly beseech Your most Excellent Majesty that it may be enacted and be it enacted by the Kings 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 Authority of the same That all and every Person and Persons as well Peers as Commoners that shall bear any Office or Offices Civil or Military or shall recieve any Pay Salary Fee or Wages by reason of any Patent or Grant from His Majesty or shall have Command or Place of Trust from or under His Majesty or from any of His Majesties Predecessors or by His or Their Authority or by Authority derived from Him or Them within the Realm of England Dominion of Wales or Town of Berwick upon Tweed or in His Majesties Navy or in the several Islands of Jersey and Guernsey [or shall be of the Houshold or in the Service or Imployment of His Majesty] or of His Royall Highness Prince George or Her Royal Highness the Princess Ann of Denmark and all Ecclesiastical Persons all Members of Colledges and Halls in either University that are or shall be of the Foundation (being of the Age of Eighteen Years) and all Persons teaching Pupils in either University or elcewhere and all Schoolmasters and Ushers and all Preachers and Teachers of separate Congregations and every Person that shall act as a Serjeant at Law [Councellor at Law] Barrister Advocate Attorney Sollicitor Proctor Clerk or Notary by practising in any Manner as such in any Court or Courts whatsoever who shall inhabit reside or be within the Cities of London or Westminster or within Thirty Miles distant from the same on the First Day of Easter Term which shall be in the Year of our Lord One thousand seven hundred and two or at any Time during the said Term shall personally appear before the End of the said Term or of Trinity Term next following in His Majesties High Court of Chancery or in His Majesties Court of Kings Bench Common Pleas or Exchequer and there in publick and open Court between the Hours of Nine of the Clock and Twelve in the Forenoon take the Oath herein after mentioned that is to say.
Form of Oath
I A: B: do [truly and sincerely acknowledge profess testify and declare in my Conscience before God and the World That our Sovereign Lord King William is lawfull and rightful King of this Realm and of all other His 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 [the] 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 His Majesty King William and Him will defend to the utmost of my Power against all Traiterous Conspiracies and Attempts whatsoever which shall be made against His Person Crown or Dignity And I will do my best endeavour to disclose and make known to His Majesty and His Successors all Treasons and Traiterous Conspiracies which I shall know to be against Him 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 setling the Succession of the Crown) to His Majesty during His Majesties Life and after His Majesties Decease to the Princess Ann of Denmark and the Heirs of Her Body being Protestants and for default of such Issue to the Heirs of the Body of His Majesty 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 limitted after the Decease of His Majesty and the Princess Ann of Denmark and for default of Issue of the said Princess and of His Majesty respectively 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 Sense and Understanding of the same Words without any Equivocation mental Evasion or secret Reservation whatsoever And I do make this Recognition Acknowledgment Abjuration Renunciation and Promise heartily willingly and truly upon the true Faith of a Christian So help me God
to be subscribed; During the Time of taking Oath Pleas to cease.; Persons not having taken the said Oath to take the same at General or Quarter Sessions in open Court
Unto which Oath so taken every such Person so taking the same shall subscribe or make his Name or Mark and during the Time of taking the said Oath all Pleas and Proceedings in the said respective Courts shall cease and all and every the said respective Persons and Officers not having taken the said Oath and subscribed the same as aforesaid shall on or before [the] First Day of August in the Year of our Lord One thousand seven hundred and two at the General or Quarter Sessions for that County Riding Liberty City Borough Town Corporate or Place where he or they shall be inhabit or reside on the Twentieth Day of May in the Year of our Lord One thousand seven hundred and two take the said Oath in open Court between the said Hours of Nine and Twelve of the Clock in the Forenoon and subscribe his Name or make his Mark under the same as aforesaid
The Persons herein mentioned to take the said Oath at the Time that they make and subscribe the Declaration of Popish Recusants Act 1672, Section 8. Ecclesiastical Persons within Places herein mentioned, within Three Months after Admittance to Preferment or Office to take and subscribe the said Oath
II. And be it further enacted by the Authority aforesaid That all and every Person and Persons that shall be admitted entred placed or taken into any Office or Offices Civil or Military or shall recieve any Pay Salary Fee or Wages by reason of any Patent or Grant from His Majesty or shall have Command or Place of Trust from or under His Majesty or by His Authority or by Authority derived from him within this Realm of England Dominion of Wales Town of Berwick upon Tweed or in His Majesties Navy or in the several Islands of Jersey and Guernsey or that shall be admitted into any Service or Imployment in His Majesties Houshold or Family or of His Royal Highness Prince George or of Her Royal Highness the Princess Ann of Denmark after the said First Day of Easter Term aforesaid shall take the said Oath at the same Time that he or they shall make and subscribe the Declaration mentioned in a Statute made in the Five and twentieth Year of the Reign of His late Majesty King Charles the Second intituled An Act for preventing Dangers which may happen from Popish Recusants and all Ecclesiastical Persons all Members of Colledges and Halls in either University that are or shall be of the Foundation being of or as soon as they shall attain the Age of Eighteen Years and all Persons teaching Pupils in either University or elcewhere and all Schoolmasters and Ushers and all Preachers and Teachers of separate Congregations and every Person who shall act as Serjeant at Law Councellor at Law Barrister Advocate Attorney Solicitor Proctor Clerk or Notary by practising in any Manner as such in any Court or Courts whatsoever who shall at any Time after the First Day of Easter Term aforesaid be admitted into or enter upon any of the beforementioned Preferments Benefices Offices or Places or shall come into any such Capacity or shall take upon him or them any such Practise Imployment or Business as aforesaid shall within Three Months after he or they shall be admitted into or enter upon any such Preferment Benefice Office or Place or come into such Capacity or take upon him or them such Practise Imployment or Business as aforesaid take and subscribe the said Oath in one of the said Courts at Westminster or at the General Quarter Sessions of the County City or Place where he or they shall reside
Proviso for Persons beyond Sea
III. Provided That nothing in this Act contained shall extend to any Person now beyond the Seas who by vertue of this Act ought to take the said Oath so as such Person do within Three Months after his Return into England take the said Oath and subscribe thereunto according to the Appointment of this Act
Neglecting or refusing to take and subscribe the said Oaths,; Incapacity of Office, &c
IV. And be it further enacted by the Authority aforesaid That all and every the Person and Persons aforesaid that do or shall neglect or refuse to take the said Oath and subscribe thereto as aforesaid in the said Courts and Places and at the respective Times aforesaid shall be ipso facto adjudged incapable and disabled in Law to all Intents and Purposes whatsoever to have occupy or enjoy the said Office or Offices Imployment or Imployments or any Part of them or any Matter or Thing aforesaid or any Profit or Advantage appertaining to them or any of them and every such Office or Place Imployment and Imployments shall be void and is hereby adjudged void
Such Persons so neglecting or; refusing, continuing to execute Office, disabled to sue, &c.; and Penalty £500
V. And be it further enacted That all and every such Person and Persons who shall neglect and refuse to take the said Oath within the Times and at the Places aforesaid and yet after such Neglect or Refusal shall by himself or themselves his or their Deputy or Trustee execute any of the said Offices or Imployments after the said Time is expired wherein he or they ought to have taken the said Oath and being thereof lawfully convicted in or upon any Information Presentment or Indictment in any of the Kings Courts at Westminster or at the Assizes every such Person or Persons shall be disabled from thenceforth to sue or use any Action Bill Plaint or Information in Course of Law or to prosecute any Suit in any Court of Equity or to be Guardian of any Child or Executor or Administrator of any Person or capable of any Legacy or Deed of Gift or to be in any Office within this Realm of England Dominion of Wales or Town of Berwick upon Tweed and shall forfeit the Sum of Five hundred Pounds to be recovered by him or them that shall sue for the same to be prosecuted by any Action of Debt Suit Bill Plaint or Information in any of His Majesties Courts at Westminster wherein no Essoign Protection or Wager of Law shall lie.
Courts, upon Tender of Persons to take the said Oaths, to administer the same.; Register kept thereof, as by Popish Recusants Act 1672
VI. And be it further enacted That it shall and may be lawful to and for the respective Courts aforesaid to give and administer the Oath aforesaid to the Person and Persons aforesaid and upon due Tender of any Person or Persons to take the said Oath the said Courts are hereby required and enjoined to administer the same of the taking and subscribing whereof the like Register shall be kept as by the said Act made in the Five and twentieth Year of the Reign of King Charles the Second was directed to be kept of the subscribing the Declaration therin mentioned.
In what case Persons, having forfeited Office capable of a new Grant
VII. Provided always That any Person who by any Neglect or Refusal according to this Act shall lose or forfeit any Office may be capable of a new Grant of the said Office or of any other and have and hold the same again such Person taking the said Oath in such Manner as aforesaid so as such Office be not granted to or actually enjoyed by some other Person at the Time of the regranting thereof
Proviso for Persons in His Majesty's Service in the Fleet or beyond Sea
VIII. Provided also That nothing herein contained shall be construed to extend to any Person in His Majesties Service on board the Fleet or beyond the Seas or who shall go beyond the Seas in His Majesties Service before the Twentieth Day of May One thousand seven hundred and two so as such Person take the said Oath and subscribe thereunto as aforesaid according to the Appointment of this Act within Three Months after his Return into England.
Peers or Members of the House of Commons not to sit or vote until they have taken the said Oath as herein mentioned. Time and Place for Peers,; and for Commoners
IX. And be it further enacted by the Authority aforesaid That from and after the Five and twentieth Day of March in the Year of our Lord One thousand seven hundred and two no Person that now is or hereafter shall be a Peer of this Realm or Member of the House of Peers shall vote or make his Proxy in the House of Peers or sit there during any Debate in the said House of Peers nor any Person that now is or hereafter shall be a Member of the House of Commons shall vote in the House of Commons or sit there during any Debate in the said House of Commons after their Speaker is chosen until such Peer or Member shall from time to time respectively take the Oath aforesaid and subscribe the same in Manner following (that is to say) the said Oath shall be in this and every succeeding Parliament solemnly and publickly made and subscribed between the Hours of Nine in the Morning and Four in the Afternoon by every such Peer and Member of the House of Peers at the Table in the Middle of the said House before he take his Place in the said House of Peers and whilst a full House of Peers is there with their Speaker in his Place and by every such Member of the House of Commons at the Table in the Middle of the said House and whilst a full House of Commons is there duly sitting with their Speaker in his Chair
Peers or Members of the House of Commons not having taken the Oath, and yet sitting and voting, deemed Popish; Recusant Convict, and disabled from Office and from sitting and voting, and from suing, being Guardian, &c; and Penalty £500
X. And be it further enacted That if any Person that now is or hereafter shall be a Peer of this Realm or Member of the House of Peers or Member of the House of Commons in this or any succeeding Parliament shall after the said Five and twentieth Day of March presume to vote or make his Proxy not having taken the said Oath and subscribed the same as aforesaid every such Peer or Member so offending shall from thenceforth be deemed and adjudged a Popish Recusant Convict to all Intents and Purposes whatsoever and shall forfeit and suffer as a Popish Recusant Convict and shall be disabled to hold or execute any Office or Place of Profit or Trust Civil or Military in any of His Majesties Realms of England or Ireland Dominion of Wales or Town of Berwick upon Tweed or in any of His Majesties Islands or Foreign Plantations to the said Realms belonging and shall be disabled from thenceforth to sit or vote in either House of Parliament or make a Proxy in the House of Peers or to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Guardian of any Child or Executor or Administrator of any Person or capable of any Legacy or Deed of Gift and shall forfeit for every wilful Offence against this Act the Sum of Five hundred Pounds to be recovered and recieved by him or them that shall sue for the same and to be prosecuted by any Action of Debt Suit Bill Plaint or Information in any of His Majesties Courts at Westminster wherein no Essoign Protection or Wager of Law shall lie
Proviso for Persons having Office of Inheritance, acting by Deputy,; according to Popish Recusants Act 1672, Section 9 and approved by the King
XI. Provided always That neither this Act nor any Thing therein contained shall extend be judged or interpreted to take away or make void any Office of Inheritance so as such Person or Persons having an Office of Inheritance do or shall substitute and appoint his or their Deputy or Deputies according to a Proviso in the Act made in the Five and twentieth Year of the Reign of King Charles the Second intituled An Act for preventing Dangers which may happen from Popish Recusants and so as such Deputy or Deputies do take and subscribe the Oath in and by this [present] Act required and expressed and so as such Deputy or Deputies be from time to time approved of by the Kings Majestie under His Privy Signet
Persons authorized to administer or tender the Oaths of Oaths of Allegiance and Supremacy Act 1688 may administer or tender the Oaths of this Act. Refusal of Persons to whom Oath tendered, to be certified to Quarter Sessions by Person tendering the same, and recorded
XII. And be it further enacted That it shall and may be lawful to and for any Person or Persons lawfully authorized to administer or tender the Oaths mentioned and appointed to be taken by an Act of Parliament made in the First Year of the Reign of His present Majesty and of the late Queen intituled An Act for the abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths to administer and tender the Oath herein before appointed to be taken to any Person or Persons whatsoever And if any Person or Persons to whom the said Oath shall be so tendred shall neglect or refuse to take the same the Person [or] Persons tendring the said Oath shall certify the Refusal thereof to the next Quarter Sessions of the County Riding Liberty Borough Town Corporate or Place in which such Refusal shall be made and the said Refusal shall be recorded amongst the Rolls of that Sessions and shall be from thence certified by the Clerk of the Peace of such County Riding Liberty Borough Town Corporate or Place into His Majesties Court of Chancery or Kings Bench there to be recorded amongst the Rolls of the said Courts in a Roll or Rolls there to be provided and kept for that Purpose only
Proviso for inferior and private Officer's herein mentioned
XIII. Provided That this Act or any Thing therein contained shall not extend to the Office of any High Constable Petty Constable Tythingman Headborough Overseer of the Poor Churchwardens Surveyors of the Highways or any like inferior Civil Office or to any Office of Forrester or Keeper of any Park Chace Warren or Game or Bayliff of any Mannor or Lands nor to any like Private Offices nor to any Person or Persons having only [any] the before mentioned or the like Offices
Compassing or imagining and attempting the Death of the Princess Ann of Denmark, or the Hindrance of her Succession to the Crown, or abetting the same, High Treason
XIV. And be it further enacted by the Authority aforesaid That if any Person or Persons at any Time after the Five and twentieth Day of March One thousand seven hundred and two shall compass or imagine the Death of Her Royal Highness the Princess Ann of Denmark or endeavor to deprive or hinder Her from succeeding to the Imperial Crown of, this Realm and the Dominions and Territories thereunto belonging after the Demise of His Majesty (whom God long preserve) and the same maliciously advisedly and directly shall attempt by any overt Act or Deed every such Offence shall be adjudged High Treason and the Offender and Offenders therein their Abettors Procurers and Councellors and all and every their Aiders and Comforters knowing the said Offence to be done being thereof convicted or attainted according to the Laws and Statutes of this Realm shall be deemed and adjudged Traitors and shall suffer Pains of Death and all Losses and Forfeitures as in Cases of High-Treason
Recital of Security of King and Government Act 1695, Section 3. Reasons for passing this Enactment. The said Clause altered
XV. And whereas by an Act made in the Seventh Year of the Reign of His present Majesty intituled An Act for the better Security of His Majesties Royal Person and Government the Persons therein mentioned were obliged to subscribe the Association therein contained whereby the Persons subscribing the same do amongst other Things mutually promise and engage to stand by and assist each other to the utmost of their Power in the Support and Defence of His Majesties most Sacred Person and Government against the late King James and all his Adherents And whereas by the Death of the [said] late King James the said Clause is become useless Be it therefore enacted by the Authority aforesaid That from and after the said Five and twentieth Day of March there shall be omitted and left out of the said Association these Words (against the late King James and all his Adherents) and in the Room and Place thereof there shall be incerted these Words [against all His Majesties Enemies whatsoever.



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