Appendix 1

The 1723 Oath Act

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

Whereas since his Majesty’s happy Accession to the Crown of these Realms, divers Rebellions, Insurrections, and Traiterous Conspiracies have been entred into, and carried on, for the Descruction of his Majesty’s most sacred Person and Government, the overturning our Religious and Civil Rights, and for placing a Popish Pretender on the Throne: And whereas the Papists, and other Persons, refusing to take the Oaths appointed by Laws to be taken to his Majesty, have enjoyed, and do still enjoy the Protection and Benefit of the government, as well as the rest of his Majesty’s Subjects, yet have been Notoriously concerned in Contriving, Stirring up, and Supporting the said Rebellions, Insurrections, and conspiracies, by which it most manifestly appears, that they take themselves to be obliged, by the Principles they profess, to be Enemies of his Majesty and the present happy Establishment; and forasmuch as it is highly reasonable, that the Government should be thoroughly acquainted with, and apprized of the Number, Names, and Real Estates of such disaffected Persons, as aforesaid, in order more effectually to prevent, disappoint, or punish the like Traiterous Attempts for the future, in such Manner, as by the Wisdom of Parliament shall hereafter be thought proper; 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 all and every Person and Persons whatsoever, inhabiting in that Part of Great Britain called England, Wales, or Town of Berwick upon tweed, who shall be at the Age of Eighteen Years or upward, not having already taken the Oaths appointed to be taken in and by an Act made in the first year of his 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;] and who shall neglect or refuse to take the said Oaths on or before the Twenty fifth Day of December, One thousand seven hundred and twenty three, in any of his Majesty’s Courts of Record at Westminster, or at the General or Quarter Sessions for the County, City, Town, Liberty, or Division, where such Person or Persons shall live or inhabit, all and every such Person or Persons, who shall neglect or refuse to take the said Oaths by the Time aforesaid, shall, on or before the Twenty Fifty Day of March, One thousand seven hundred and twenty four, Register, or cause to be Registred, their respective Names and Real Estates....

And be it further Enacted, That in case any Person or Persons, who is or are hereby directed and required to take and subscribe the Oaths of Assurance respectively, as aforesaid, or for want thereof, to Register his, her, or their Names and Real Estates, shall not take and subscribe such Oaths and Assurance respectively, or Register, or cause to be Registred, their Names and Real Estates, in such Manner, as in this Act before is directed, within the respective Times herein before limited and appointed for the doing thereof, then and in every such Case, the Person or Persons neglecting or refusing to take and subscribe such Oaths and Assurance respectively, or for want thereof, to make such Registry, as aforesaid, shall forfeit the Fee-Simple and Inheritance of, or such Estate and Interest in all such Lands, Tenements, and Hereditaments not Registred, whereof he, she, or they, or any Person or Persons in Trust for him, her, or them, was or were seized in Fee=Simple, or otherwise interested in at the Time of such Default, as aforesaid; Two Third Parts thereof to the King, and the other third Part thereof to such Person or Persons, being a Protestant or Protestants, who shall sue for such forfeited Lands, Tenements, or hereditaments, as shall lie in England, the Dominion of Wales, or Town of Berwick upon Tweed, in any such Court, and by such Ways or Means, as are directed by the said recited Act to oblige Papists to Register their Names and Real Estates; and shall sue in his Majesty’s Court of Exchequer in Scotland, for such forfeited Lands, Tenements, or hereditaments, as shall lie in that Part of Great Britain called Scotland.

Provided always, That nothing in this Act contained shall extend, or be construed to extend, to any Person or Persons now beyond the Seas, who by virtue of this act ought to take and subscribe the said Oaths and Assurance respectively, or make such Registry, as aforesaid, so as such Person or Persons do, within Six Months after his, her, or their Return into Great Britain, take or subscribe the said Oaths and Assurance respectively, or make such Registry, as aforesaid, according to the Appointment of this Act....

And be it Enacted, That for taking and subscribing the Oaths and Assurance appointed by this Act, Three Pence shall be paid, and no more; and for any Certificate thereof, if required, One Shilling, and no more.

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