An Act for the further Limitation of the Crown and better securing
the Rights and Liberties of the Subject
Short title given by Short Titles Act 1896 (c.14) Sch.1
Whereas in the First of the Reign of Your Majesty and of our late
most gracious Sovereign Lady Queen Mary (of blessed Memory). An Act
of Parliament was made entitled 'an Act for declaring the Rights
and Liberties of the Subject and for settling the Succession of the
Crown' wherein it was (amongst other things) 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 Majesty and the said late Queen during
the joint Lives of Your Majesty and the said Queen and to the Survivor
And that after the Decease of Your Majesty and of the said Queen
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 Body 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 it was thereby further enacted That all and every
Person and Persons that then were or afterwards should be reconciled
to or shall hold Communion with the See or Church of Rome or should
profess the Popish Religion or marry a Papist should be excluded
and are by that Act made for ever 'incapable' to inherit,
posses or enjoy the Crown and Government of this Realm Ireland and
the Dominions thereunto belonging or any part of the same or to have
use or exercise any regal Power Authority of Jurisdiction within
the same And in all and every such Case and Cases the People of these
Realms shall be and are thereby absolved of their Allegiance And
that the said Crown and Government shall from time to time descend
to and be enjoyed by such Persons or Persons being Protestants as
should have inherited and enjoyed the same in case the said Person
or Persons so reconciled holding Communion professing or marrying
as aforesaid were naturally dead After the marking of which Statute
and the Settlement therein contained Your Majesties good Subjects
who were restored to the full and free Possession and Enjoyment of
their 'Religion' Rights and Liberties by the Providence
of God giving Success to Your Majesties just Undertakings and unwearied
Endeavours for that Purpose had no greater temporal Felicity to hope
or wish for then to see a Royal Progeny descending from Your Majesty
to whom (under God) they owe their Tranquility and whose Ancestor
have for many Years been principally Assessors of the reformed Religion
and the Liberties of 'Europe' and from our said most gracious
Sovereign Lady whose Memory will always be precious to the Subject
of these Realms And it having since pleased.
Almighty God to take away our said Sovereign Lady and also the most
hopeful Prince William Duke of Gloucester (the only surviving Issue
of Her Royal Highness the Princess Ann of Denmark) to the unspeakable
Grief and Sorrow of Your Majesty and Your said good Subjects who
under such Losses being sensibly put in mind that it standout wholly
in the Pleasure of Almighty God to prolong the Lives of Your Majesty
and of Her Royal Highness and to grant to Your Majesty or to Her
Royal Highness such Issue as may be inheritable to the Crown and
Regal Government aforesaid by the respective Limitations in the said
recited Act contained doe constantly implore the Divine Mercy for
those Blessings And Your Majesties said Subjects having Daily Experience
of Your Royal Care and Concern for the present and future Welfare
of these Kingdoms and particularly recommending from Your Throne
a further Provisions to be made for the succession of the Crown in
the Protestant Line for the Happiness of the Nation and the Security
of our Religion And it being absolutely necessary for the Safety
Peace and Quiet of this 'Realm' to obviate all Doubts and
Contentions in the same by reasons of any pretended Titles to the 'Crown' and
to maintain a Certainty in the succession thereof to which Your Subjects
may safely have Recourse for their Protection in case the Limitations
in the said recited 'Act' should determine Therefore for
a further Provisions of the succession of the Crown in the Protestant
Line We Your Majesties most dutifully and Loyal Subjects the Lords
Spiritual and Temporal and Commons in this present Parliament assembled
do beseech Your Majesty that it may be enacted declared and be it
enacted and declared by the Kings most Excellent Majesty by an 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 the most Excellent Princess Sophia Electress and Duchess
Dowager of Hanover Daughter of the most Excellent Princess Elizabeth,
late Queen of Bohemia Daughter of our late Sovereign Lord King James
the First of happy Memory be and is hereby declared to be the next
in Succession in the Protestant Line to the Imperial Crown and Dignity
of the 'said' Realms of England France and Ireland with
the Dominions and Territories thereunto belonging after His Majesty
and Princess Ann of Denmark and in Default of Issue of the said Princess
Ann and of His Majesty respectively and that from and after the Deceases
of His said Majesty our now Sovereign Lord and of Her Royal Highness
the Princess Ann of Denmark and for Default of Issue of the said
Princess Ann and of His Majesty respectively the Crown and Regal
Government of the said Kingdoms of England France and Ireland and
of the Dominions thereunto belonging with the Royal State and Dignity
of the said Realms and all Honours Stiles Titles Regalities Prerogatives
Power Jurisdictions and Authorities to the same belonging and appertaining
shall be remain and continue to the said most Excellent Princess
Sophia and the Heirs of Her Body being Protestants and thereunto
the said Lord Spiritual and Temporal and Commons shall and will in
the Name of all the People of this Realm most humbly and faithfully
submit themselves their Heirs and Prosperities and do faithfully
promise That after the Deceases of His Majesty and Her Royal Highness
and the failure of the Heirs of their respective Bodies to stand
to maintain and defend the said Princess Sophia and the Heirs of
Her Body being ('Protestants') according to the Limitation
and Succession of the Crown in this Act specified and contained to
the utmost of their Powers with their Lives and Estates against all
Persons whatsoever the shall attempt any thing to the contrary.
1 Amended by His Majestys Declaration of Abdication Act 1936 (1Edw.
8 &
1 Geo. 6c.3 & s.N.2)
Provided always and it is hereby enacted That all and every Person
and Persons who shall or may take or inherit the said Crown by virtue
of the Limitation of this present Act and is are or shall be reconciled
to or shall hold Communion with the See or Church of Rome or shall
profess the Popish Religion or shall marry a Papist shall be subject
to such Incapacities as in such Case or Cases are by the said recited
Act provided enacted and established And that every King and Queen
of this Realm who shall come to and succeed in the Imperial Crown
of this Kingdom by virtue of this Act shall have the Coronations
Oath administered to him, her or them at their respective Coronations
according to the Act of Parliament made in the First Year of the
Reign of his Majesty and the said late Queen Mary instituted An Act
for establishing the Coronation Oath and shall make subscribe and
repeat the Declaration in the Act fist above recited mentioned or
refereed to in the Manner and Form thereby prescribed.
2 Amended by Accession Declaration Act 1910 (c.29) s.1
And whereas it is requisite and necessary that some further Provision
be made for securing our Religion Laws and Liberties from and after
the Death of His Majesty and the Princess Ann of Denmark and in default
of Issue of the Body of the said Princess and of his Majesty respectively.
Be it enacted by the Kings most Excellent Majesty by and with the
Advice and Consent of the Lords Spiritual an Temporal and Commons
in Parliament assembled and by the Authority of the same.
That whosoever shall hereafter come to the Possession of this Crown
shall join in Communion with the Church of England as by Law established.
That in case the Crown and Imperial Dignity of this Realm shall
hereafter come to any Person not being a Native of this Kingdom of
England this Nation be not obliged to engage in any War for the Defence
of any Dominions or Territories which do not belong to the Crown
of England without the Consent of Parliament.
That after the said Limitation shall take Effect as aforesaid no
Person born out of the Kingdoms of England, Scotland or Ireland or
the Dominions thereunto belonging (although he be: made a Denizen
(except such as 'are' born of English Parents) shall be
capable to be of the Privy Council or a Member of either House or
Parliament or to enjoy any Office or Place of Trust either Civil
or Military or to have any Grant of Lands Tenements or Hereditaments
from the Crown to himself or to any other or others in Trust for
him).
That no Pardon under the Great Seal of England be plead able to
an Impeachment by the Commons in Parliament.
Excluded by Army Act 1955 (c.18), s 21(4), Air Force Act 1955 (c.19),
s.21 (4), Aliens Employment Act 1955 (4 & 5 Eliz. 2 c. 18), s
1(1), Army and Air Force Act 1961 (c.52),s. 36(1), Armed Forces Act
1966 (c.45) s.16 (1), and Solicitors Act 1974 (c.47), s.29; applied
by Regency Act 1937 (c.16) s.3 (2).
And whereas the Laws of England are the Birthright of the People
thereof and all the Kings and Queens who shall ascend the Throne
of this Realm ought to administer the Government of the same according
to the said Laws and all their Officers and Ministers ought to serve
them respectively according to the same. The said Lords Spiritual
and Temporal and Commons do therefore further humbly pray that all
the Laws and Statutes of this Realm for securing the established
Religion and the Rights and Liberties of the People thereof and all
other Laws and Statutes of the same now in Force may be ratified
and confirmed And the same are by His Majesty by and with the Advice
and Consent of the said Lords and Spiritual and Temporal and Commons
and by Authority of the same ratified and confirmed accordingly.
Interlined on the Roll
1 Words repealed by the act 4 & 5 Ann.c.20, s.27 and the act
1 Geo. 1 St. 2 c.51
2 Words repealed, so far as they relate to British subjects and citizens
of Eire by British Nationality Act 1948 (c.56), Sch. 4 Pt.I
3 Words repealed by British Nationality and Status of Aliens Act
1914 (c.17), Sch.3
4 Words repealed by the Act 4 & 5 Ann.c.20, s.28, (E.W.) by Statute
Law Revision and civil Procedure Act 1881 (c.59), Sch. And (N.I.)
by statute Law Revision Act 1950(c.6), Sch.1
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