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1700 ACT OF SETTLEMENT

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