Catalogue description Court of King's Bench: Crown Side: Return of Papists in Lancaster

In the first year of George I, under the threat of a Jacobite rising which subsequently took place, a new act to prescribe the taking of oaths of loyalty to the Hanoverian succession was passed by Parliament (1 Stat 1 George I, c 13). similar acts had been passed during the previous two reigns. It related to both England and Scotland and was directed in particular at office-holders.

All of those who lived within thirty miles of London were to take their oaths at Westminster in the Court of Chancery, King's Bench, Common Pleas or Exchequer, other office-holders were to take it at their local quarter sessions. Those who did not do so were to be deemed incapable of holding office. Further provision was made for two justices of the peace in any county to administer the oaths 'to any person or persons whatsoever, whom they shall or may suspect to be dangerous or disaffected to his Majesty, or his Government'. They were empowered to summon suspected persons to appear before them to take the oaths at a fixed place and time. If anyone refused to take the oaths or did not appear when summoned, the justices concerned were to certify the refusal to the next quarter sessions. The clerk of the peace was to record it on the rolls of the sessions, and certify it to the Court of Chancery or King's 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'. Anyone refusing or failing to appear was a judged a convicted popish recusant.