William III, 1697-8: An Act to naturalize the Children of such Officers and Souldiers & others the natural borne Subjects of this Realme... [Chapter XX. Rot. Parl 9 Gul. III.4.n.2.]

Reason for passing this Act.

Children of Persons, Natural-born Subjects and in the Service of the King, or of the King and the late Queen, born out of the King's Dominions since 13th February 1688, and since the Beginning of the War, and before 25th March 1698, declared Natural born Subjects.

Whereas during the late Warr with France divers of His Majesty's good and lawfull Subjects as well of the Nobility as others did by reason of their Attendance on His Majesty in Flanders and bearing Armes under His said Majesty against the French King and other His Majesties Enemies reside in Parts beyond the Seas out of His Majesties Dominions And whereas dureing such their Residence abroad divers Children have been borne unto such His Majesties Subjects which said Children notwithstanding they have been borne of English Parents yett by reason of their being borne in Parts beyond the Seas out of His Majesties Dominions may be interpreted to be incapable of taking receiving or enjoying any Mannors and Lands or any other Priveledges and Immunities belonging to the liege People and natural borne Subjects of this Kingdome In Consideration whereof and of the Service of His said Majesties dutifull and loyal Subjects abroad Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by the Authority of the same That Francis Colenbine & Ventris Colenbine Sons of Colonel Ventris Colenbine and Barbara his Wife Robert Wroth Son of Lieutenant Colonel Robert Wroth and Knightley his Wife John Gysbert Farwell an Infant Son of Lieutenant Colonel John Farwell and Elizabeth his Wife Thomas Uthwat Son of Richard Uthwat and Martha his Wife and all other Persons who att any time since the Thirteenth Day of February One thousand six hundred eighty and eight or att any time since the beginning of the [said (fn. 1) ] late Warr with France c before the Twenty fifth Day of March One thousand six hundred ninety and eight which are or shall be borne out of His Majesties Dominions and whose Fathers or Mothers were natural borne Subjects of this Realme and were then actually in the Service of His Majesty or of His Majesty and the late Queen of Blessed Memory are hereby declared and shall forever be esteemed and taken to all Intents & Purposes to be and to have been the Kings natural 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 in every respect and degree natural borne Subjects and free to all Intents Purposes & Constructions as if they & every of them had been borne in England.

II. And may take Lands, &c. and enjoy Immunities as natural-born Subjects.

And it is further enacted by the Authority aforesaid That the said Francis Colenbine Ventris Colenbine John Gysbert Farwell Robert Wroth and Thomas Uthwat and all other the said Persons borne beyond the Seas in manner as aforesaid shall be and are hereby enacted and adjudged able to all Intents Constructions and Purposes whatsoever as well to demand challenge aske take retaine have and enjoy any Mannors Lands Tenements and Hereditaments and all other Priveledges and Im[m]unities belonging to the liege People and natural borne Subjects of this Kingdome and to make his her or their Resort or Pedigree as Heire to his ( (fn. 2) ) her or their Ancestor or Ancestors lineal or collaterall by reason of any Discent Remainder Rev[er]sion Right Title Conveyancy Legacy or Bequest whatsoever which may or shall from henceforth discend remaine revert accrue and come unto him her or them as also from henceforth to have receive keep and enjoy all Mannors Lands Tenements and Hereditaments which hee she or they shall have by way of Purchase or Guift of any Person or Persons whatsoever as also to prosecute pursue maintaine aver and justifie all and all Manner of Actions Suits Causes and all other things to doe as lawfully liberally freely & surely as if hee she or they had been borne within this Kingdome of England and as any other Persons borne and derived of English Parents within this Kingdome may lawfully in any wise doe Any Law Act [Statue (fn. 3) ] Provision Custome Ordinance or any other thing whatsoever had made done promulged proclaimed or provided to the contrary thereof in any wise notwithstanding.

III. Proviso respecting Persons expressly named in this Act attaining the Age of Fourteen Years, and not within the Space of Five Years receiving the Sacrament, and taking the Oaths of 1 W.&M. c.8.

Provided always That no Person expressly named in this Act shall have any Benefitt thereby in case such Person attaining the Age of Foureteene Yeares shall dureing the Time or Space of Five Yeares [from thence next ensuing (fn. 1) ] neglect to qualifie himselfe by receiving the Sacrament according to the Usage of the Church of England and taking the Oaths appointed to be taken by the Act of Parliament of the First Yeare of the Reigne of His Majesty and the late Queen intituled An Act for the abrogateing the Oaths of Supremacy & Allegiance and appointing other Oaths which said Oaths shall or may be taken in any of His Majesties Courts of Record att Westminster.

IV. The like Provision as to Persons not expressly named; and respecting the Proof of their Birth, &c. required from such Persons.

Provided also that any Person not expressly named in this Act but intended to be naturalized by the general Words of the same shall not have any Benefitt thereby in case such Person attaining the Age of Foureteen Yeares shall dureing the Time or Space of Five Yeares from thence next ensueing neglect to qualifie himselfe or herselfe as well by receiving the Sacrament and taking the Oaths as aforesaid as also by making Proof as this Act directs that such Person respectively after the Thirteenth Day of February One thousand six hundred eighty eight or after the beginning of the said Warr with France and before the Twenty fifth Day of March One thousand six hundred ninety eight was borne out of His Majesties Dominions and that his or her Father or Mother was a Natural borne Subject of this Realme and actually in the Service of His Majesty or in the Service of His Majesty and the said late Queen att the time of such Birth.

V. Persons expressly named may, at any Time during the said Five Years, be admitted into Courts of Record, to take Oath of having qualified

The like Provision for Persons not expressly named; and on their so doing the same to be recorded; and on Certificate thereof, such Persons entitled to Benefits of this Act.

And for the better Manifestation and Proof of such Qualifications as may intitle the said Persons respectively to the Benefitt of this Act which in process of time may be very difficult Be it further enacted That any Person expressly named in this Act shall and may att any time dureing the said Five Yeares after his attaining the said Age of Fourteene Yeares be admitted in any of His Majesties Courts of Record att Westminster to make Proof by One or more Witnesses viva voce to be examined upon Oath that such Person did receive the Sacrament and take the Oaths according to this Act and that any Person not expressly named in this Act but intended to be naturalized by the General Words of the same shall and may att any time dureing the said Five Yeares after his or her attaining the said Age of Foureteene Yeares be admitted in any such Court to make like Proof upon Oath as well of his or her receiving the Sacrament and taking the said Oaths as alsoe that such [person (fn. 4) ] was borne within the times by this Act limitted of a Father or Mother that was a Natural borne Subject of this Realme and then actually in the Service of His Majesty or of His Majesty and the said late Queen as aforesaid and if any of the said Persons named or not named expressly in this Act shall make proof of such respective Qualifications as this Act requires to the Satisfaction of the said Court a Record or Memorial thereof shall be made in the said Court and hee or she shall thereupon have a Certificate or Exemplification [thereof (fn. 4) ] under the Seale of the said Court and for ever after upon shewing such Certificate or Exempliefycation every such Person shall have full benefitt of this Law according to the true meaning of the same.