Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
This free content was digitised by double rekeying. All rights reserved.
Recital that many Persons had been obliged to reside Abroad, and that it might become difficult to prove the Occasion of their Residence.
Certain Persons herein named, and all other Persons born out of the King's Dominions, between 14th June 1641 and 24th March 1660, and whose Fathers or Mothers were natural born Subjes, declared natural-born Subjects;
Whereas during the late unhappy Troubles in England which began in the yeare of our Lord one thousand six hundred forty one and continued untill the time of his Majestyes most happy Restauration diverse of his Majestyes English Subjects as well of the Nobility as others did either by reason of their attendance upon his Majestie or for feare of the then Usurped Powers reside in parts beyond the Seas out of his Majestyes Dominions and [it (fn. 1) ] may hereafter become difficult to make proofe of the occasion of such their residence, Now for preventing of all Disputes and Questions that may arise whether the Children of such his Majestyes Subjects of this Realme are Naturall borne Subjects of our Soveraigne Lord the King and to expresse a due sence of the merit of all such Loyall persons as out of their duty and fidelity to his Majestie and his Father of Blessed Memory did foregoe or were driven from their Native Country. Bee it declared and enacted by the Kings most excellent Majestie by and with the consent of the Lords Spirituall and Temporall and the Commons in this present Parlyament assembled and by the authoritie of the same That Charles Gerard and Elizabeth Gerard Children of the Right Honourable Charles Lord Gerard of Brandon Trever Wheler and Dorothy Elizabeth Wheeler Children of Sir Charles Wheler Baronet [Anne Ravenscroft the Wife of Edward Ravenscroft of Bretton in the County of Flint Esquire one of the Daughters of Sir Richard Lloyd Knight deceased borne at Calice in France (fn. 2) ] and all other persons who at any time betweene the fourteenth day of June in the said yeare of our Lord one thousand six hundred forty one and the foure and twentyeth day of March in the yeare of our Lord one thousand six hundred and sixty were borne out of his Majestyes Dominions and whose Fathers or Mothers were Naturall borne Subjects of this Realme are hereby declared and shall for ever be esteemed and taken to all Intents and Purposes to be and to have beene the Kings Naturall borne Subjects of this Kingdome and that the said Children and all other Persons borne as aforesaid and every of them are and shall be adjudged reputed and taken to be and to have beene in every respect and degree Naturall borne Subjects and free to all intents purposes and constructions as if they and every of them had beene borne in England.
II. and enabled to take Titles of Honour, Lands, and other Rights and Privileges, as if born or English Parents within this Kingdom.
And bee it further enacted and declared by the authoritie aforesaid That the Children and all other persons as aforesaid and every of them shall be and are hereby enabled and adjudged able to all intents constructions and purposes whatsoever as well to demand as to have and enjoy any Titles of Honour Mannours Lands Tenements and Hereditaments and all other Priviledges and Immunityes belonging to the Leige People and Naturall Subjects of this Kingdome and to make his or their resort or pedigree as Heire to his their or any of their Auncestors Lyneall or Collaterall by reason of any Descent Remainder Reverter Right or other Title Conveyance Legacy or Bequest whatsoever which hath may or shall descend remaine revert accrue come or grow unto the said Children or the persons borne as aforesaid or any of them as alsoe to have and enjoy all Mannours Lands and Tenements or other Hereditaments by way of Purchase or Gift of any person or persons whatsoever as alsoe to prosecute pursue maintaine avow and justifie all and all manner of Actions Suites and Causes and all other things to doe as lawfully liberally freely and fully as if the said Children and the persons borne as aforesaid and every of them had beene and were borne of English Parents within this Kingdome or as any other person or persons borne within this Kingdome may lawfully in any wise doe, Any Law Act Statute Provision Custome or other thing whatsoever had made done promulged proclaimed or provided to the contrary thereof in any wise notwithstanding. Provided alwayes That noe Person other then the persons expressely named in this Act shall have any benefit thereby except such person shall within seaven yeares next ensueing receive the Sacrament of the Lords Supper and within one moneth next after such receiving the Sacrament take the Oathes of Alleigiance and Supremacy in some of his Majestyes Courts at Westminster and deliver into the Court at the same time a Certificate of such his receiveing the said Sacrament and then make proofe thereof by Witnesses to be examined viva voce upon Oath.
III. otherwise no Benefit of this Act.
And bee it further enacted That noe person or persons other then the persons expressely named in this Act shall have any benefitt thereby untill he or they shall have received the Sacrament and made proofe thereof by Certificate and Witnesses and taken the said Oathes in manner aforesaid.
IV. Proof of Qualification may be made by Witnesses vivâ voce;
And for the better manifestation and proofe of such qualifications as may entitle any person to the benefitt of this Act which in processe of time may be very hard to be proved Bee it further enacted That any person haveing received the Sacrament and made proofe thereof by Certificate and Witnesses and taken the said Oathes within the time aforesaid in any of his Majestyes Courts in manner aforesaid shall and may be admitted to make proofe of such his qualification in the said Court by Witnesses viva voce to be examined upon Oath and if he shall make proofe thereof to the satisfaction of the said Court he shall thereupon have a Certificate thereof under the Seale of the said Court to be likewise enrolled in the said Court and for ever after upon shewing such Certificate or Enrollment thereof every such person shall have full benefitt of this Law as if he had beene therein expresly named.