The Act of Settlement is an
Act of the
Parliament of England
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised t ...
that settled the
succession to the
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
and
Irish
Irish may refer to:
Common meanings
* Someone or something of, from, or related to:
** Ireland, an island situated off the north-western coast of continental Europe
***Éire, Irish language name for the isle
** Northern Ireland, a constituent unit ...
crowns to only
Protestant
Protestantism is a Christian denomination, branch of Christianity that follows the theological tenets of the Reformation, Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century agai ...
s, which passed in 1701. More specifically, anyone who became a Roman Catholic, or who married one, became disqualified to inherit the throne. This had the effect of deposing the descendants of
Charles I Charles I may refer to:
Kings and emperors
* Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings
* Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily
* Charles I of ...
, other than his Protestant granddaughter
Anne
Anne, alternatively spelled Ann, is a form of the Latin female given name Anna. This in turn is a representation of the Hebrew Hannah, which means 'favour' or 'grace'. Related names include Annie.
Anne is sometimes used as a male name in the ...
, as the next Protestant in line to the throne was
Sophia of Hanover, a granddaughter of
James VI and I
James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the Scottish and English crowns on 24 March 1603 until ...
from his most junior surviving line, with the crowns descending only to her non-
Catholic
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
heirs. Sophia died shortly before the death of Queen Anne, and Sophia's son succeeded to the throne as
King George I, starting the
Hanoverian dynasty in Britain.
The
Act of Supremacy 1558
The Act of Supremacy 1558 (1 Eliz 1 c 1), sometimes referred to as the Act of Supremacy 1559, is an Act of the Parliament of England, which replaced the original Act of Supremacy 1534, and passed under the auspices of Elizabeth I. The 1534 Ac ...
had confirmed the independence of the
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
from
Roman Catholicism
The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
under the English monarch. One of the principal factors which contributed to the
Glorious Revolution
The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and ...
was the perceived assaults made on the Church by King
James II, a Roman Catholic, who was deposed in favour of his Protestant daughter
Mary II and her husband
William III. The need for this Act of Settlement was prompted by William and Mary, as well as that of Mary's Protestant sisterthe future
Queen Annebeing unable to produce any surviving children, and by the perceived threat posed by the pretensions to the throne by remaining Roman Catholic members of the
House of Stuart
The House of Stuart, originally spelt Stewart, was a royal house of Scotland, England, Ireland and later Great Britain. The family name comes from the office of High Steward of Scotland, which had been held by the family progenitor Walter fi ...
.
The Act played a key role in the formation of the
Kingdom of Great Britain
The Kingdom of Great Britain (officially Great Britain) was a Sovereign state, sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of ...
as, though England and Scotland had
shared a monarch since 1603, they had remained separately governed countries, with the Act catalysing the
Union of England and Scotland
The Acts of Union ( gd, Achd an Aonaidh) were two Acts of Parliament: the Union with Scotland Act 1706 passed by the Parliament of England, and the Union with England Act 1707 passed by the Parliament of Scotland. They put into effect the te ...
. However, the
Parliament of Scotland
The Parliament of Scotland ( sco, Pairlament o Scotland; gd, Pàrlamaid na h-Alba) was the legislature of the Kingdom of Scotland from the 13th century until 1707. The parliament evolved during the early 13th century from the king's council o ...
was more reluctant to abandon the House of Stuart, members of which had been
Scottish monarchs
The monarch of Scotland was the head of state of the Kingdom of Scotland. According to tradition, the first King of Scots was Kenneth I MacAlpin (), who founded the state in 843. Historically, the Kingdom of Scotland is thought to have grown ...
long before they became English. Moreover, the Act also placed limits on both the role of foreigners in the British government and the power of the monarch with respect to the Parliament of England, though some of those provisions have been altered by subsequent legislation.
Along with the
Bill of Rights 1689
The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal ...
, the Act of Settlement remains today one of the main constitutional laws governing the
succession not only to the
throne of the United Kingdom, but to those of the other
Commonwealth realm
A Commonwealth realm is a sovereign state in the Commonwealth of Nations whose monarch and head of state is shared among the other realms. Each realm functions as an independent state, equal with the other realms and nations of the Commonwealt ...
s, whether by assumption or by
patriation
Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982. The process was necessary because under the Statute of Westminster 1931, with Canada's agreement at the time, the Parliament o ...
.
The Act of Settlement cannot be altered in any realm except by that realm's own parliament and, by
convention, only with the consent of all the other realms, as it touches on the succession to the
shared crown. On 26 March 2015, following the
Perth Agreement
The Perth Agreement was made in Australia in 2011 by the prime ministers of the sixteen states known as Commonwealth realms, which at the time all recognised Elizabeth II as their head of state. The document agreed that the governments of the re ...
, legislation amending the Act came into effect across the Commonwealth realms that removed the disqualification arising from marriage to a Roman Catholic and instituted
absolute primogeniture.
Background
Following the
Glorious Revolution
The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and ...
, the line of succession to the English throne was governed by the
Bill of Rights 1689
The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal ...
, which declared that the flight of
James II from England to France during the revolution amounted to an
abdication
Abdication is the act of formally relinquishing monarchical authority. Abdications have played various roles in the succession procedures of monarchies. While some cultures have viewed abdication as an extreme abandonment of duty, in other societ ...
of the throne and that James's daughter
Mary II and her husband/cousin,
William III (William of Orange, who was also James's nephew), were James's successors. The Bill of Rights also provided that the line of succession would go through Mary's Protestant descendants by William and any possible future husband should she outlive him, then through Mary's sister
Anne
Anne, alternatively spelled Ann, is a form of the Latin female given name Anna. This in turn is a representation of the Hebrew Hannah, which means 'favour' or 'grace'. Related names include Annie.
Anne is sometimes used as a male name in the ...
and her Protestant descendants, and then to the Protestant descendants of William III by a possible later marriage should he outlive Mary. During the debate, the House of Lords had attempted to append Sophia and her descendants to the line of succession, but the amendment failed in the Commons.
Mary II died childless in 1694, after which William III did not remarry. In 1700,
Prince William, Duke of Gloucester
Prince William, Duke of Gloucester (24 July 1689 – 30 July 1700), was the son of Princess Anne (later Queen of England, Ireland and Scotland from 1702) and her husband, Prince George of Denmark. He was their only child to survive infanc ...
, who was Anne's only child to survive infancy, died of what may have been
smallpox
Smallpox was an infectious disease caused by variola virus (often called smallpox virus) which belongs to the genus Orthopoxvirus. The last naturally occurring case was diagnosed in October 1977, and the World Health Organization (WHO) c ...
at the age of 11. Thus, Anne was left as the only person in line to the throne. The Bill of Rights excluded Catholics from the throne, which ruled out James II and his children (as well as their descendants) sired after he converted to Catholicism in 1668. However, it did not provide for the further succession after Anne. Parliament thus saw the need to settle the succession on Sophia and her descendants, and thereby guarantee the continuity of the Crown in the Protestant line.
With religion and lineage initially decided, the ascendancy of William of Orange in 1689 would also bring his partiality to his foreign favourites that followed. By 1701 English jealousy of foreigners was rampant, and action was considered necessary.
The Act
The Act of Settlement provided that the throne would pass to the
Electress Sophia of Hanover
Sophia of Hanover (born Princess Sophia of the Palatinate; 14 October 1630 – 8 June 1714) was the Electress of Hanover by marriage to Elector Ernest Augustus and later the heiress presumptive to the thrones of England and Scotland (later Gre ...
– a granddaughter of
James VI and I
James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the Scottish and English crowns on 24 March 1603 until ...
and a niece of
King Charles I – and her descendants, but it excluded "for ever" "all and every Person and Persons who ... is are or shall be reconciled to or shall hold Communion with the
See
See or SEE may refer to:
* Sight - seeing
Arts, entertainment, and media
* Music:
** ''See'' (album), studio album by rock band The Rascals
*** "See", song by The Rascals, on the album ''See''
** "See" (Tycho song), song by Tycho
* Television
* ...
or
Church of Rome or shall profess the Popish Religion or shall marry a Papist". Thus, those who were Roman Catholics, and those who married Roman Catholics, were barred from ascending the throne. The Act did not even mention the concept of marriages involving heirs who were members of non-Christian faiths, because that would have been unthinkable in eighteenth century Great Britain.
Conditional provisions
The Act contained eight additional provisions that were to only come into effect upon the death of both William and Anne:
Firstly, the monarch "shall join in communion with the
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
". This was intended to ensure the exclusion of a Roman Catholic monarch. Along with James II's perceived despotism, his religion was the main cause of the Glorious Revolution, and of the previous linked religious and succession problems which had been resolved by the joint monarchy of William III and Mary II.
Second, if a person not native to England comes to the throne, England will not wage war for "any dominions or territories which do not belong to the Crown of England, without the consent of Parliament". This would become relevant when a member of the
House of Hanover
The House of Hanover (german: Haus Hannover), whose members are known as Hanoverians, is a European royal house of German origin that ruled Hanover, Great Britain, and Ireland at various times during the 17th to 20th centuries. The house orig ...
ascended the British throne, as he would retain the territories of the
Electorate of Hanover
The Electorate of Hanover (german: Kurfürstentum Hannover or simply ''Kurhannover'') was an electorate of the Holy Roman Empire, located in northwestern Germany and taking its name from the capital city of Hanover. It was formally known as ...
in what is now
Lower Saxony
Lower Saxony (german: Niedersachsen ; nds, Neddersassen; stq, Läichsaksen) is a German state (') in northwestern Germany. It is the second-largest state by land area, with , and fourth-largest in population (8 million in 2021) among the 16 ...
(Germany), then part of the
Holy Roman Empire
The Holy Roman Empire was a Polity, political entity in Western Europe, Western, Central Europe, Central, and Southern Europe that developed during the Early Middle Ages and continued until its Dissolution of the Holy Roman Empire, dissolution i ...
. This provision has been dormant since
Queen Victoria
Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until Death and state funeral of Queen Victoria, her death in 1901. Her reign of 63 years and 21 ...
ascended the throne, because she did not inherit Hanover under the
Salic Law
The Salic law ( or ; la, Lex salica), also called the was the ancient Frankish civil law code compiled around AD 500 by the first Frankish King, Clovis. The written text is in Latin and contains some of the earliest known instances of Old Du ...
s of the German-speaking states.
Third, No monarch may leave "the dominions of
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
,
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
, or
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
", without the consent of Parliament. This provision was repealed in 1716, at the request of
George I George I or 1 may refer to:
People
* Patriarch George I of Alexandria (fl. 621–631)
* George I of Constantinople (d. 686)
* George I of Antioch (d. 790)
* George I of Abkhazia (ruled 872/3–878/9)
* George I of Georgia (d. 1027)
* Yuri Dolgor ...
who was also the
Elector of Hanover
The Electorate of Hanover (german: Kurfürstentum Hannover or simply ''Kurhannover'') was an electorate of the Holy Roman Empire, located in northwestern Germany and taking its name from the capital city of Hanover. It was formally known as ...
and Duke of
Brunswick-Lüneburg within the
Holy Roman Empire
The Holy Roman Empire was a Polity, political entity in Western Europe, Western, Central Europe, Central, and Southern Europe that developed during the Early Middle Ages and continued until its Dissolution of the Holy Roman Empire, dissolution i ...
; because of this, and also for personal reasons, he wished to visit Hanover from time to time.
Fourth, all government matters within the jurisdiction of the
Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
were to be transacted there, and all council resolutions were to be signed by those who advised and consented to them. This was because Parliament wanted to know who was deciding policies, as sometimes councillors' signatures normally attached to resolutions were absent. This provision was repealed early in Queen Anne's reign, as many councillors ceased to offer advice and some stopped attending meetings altogether.
Fifth, no foreigner ("no Person born out of the Kingdoms of England Scotland or Ireland or the Dominions thereunto belonging"), even if naturalised or made a
denizen (unless born of English parents), can be a Privy Councillor or a member of either House of Parliament, or hold "any Office or Place of Trust, either Civill or Military, or to
'sic''have any Grant of Lands, Tenements or Hereditaments from the Crown, to himself or to any other or others in Trust for him".
Subsequent nationality laws (today primarily the
British Nationality Act 1981
The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983.
History
In the mid-1970s the British Government decided to update the nationality code, which had b ...
) made naturalised citizens the equal of those native born, and excluded Commonwealth and Irish citizens from the definition of foreigners, but otherwise this provision still applies. It has however been disapplied in particular cases by a number of other statutes.
Sixth, no person who has an office under the monarch, or receives a pension from the Crown, was to be a Member of Parliament. This provision was inserted to avoid unwelcome royal influence over the House of Commons. It remains in force, but with several exceptions. As a side effect, this provision means that members of the Commons seeking to resign from parliament can get around the
prohibition on resignation by obtaining a
sinecure
A sinecure ( or ; from the Latin , 'without', and , 'care') is an office, carrying a salary or otherwise generating income, that requires or involves little or no responsibility, labour, or active service. The term originated in the medieval chu ...
in the control of the Crown; while several offices have historically been used for this purpose, two are currently in use: appointments generally alternate between the stewardships of the
Chiltern Hundreds
The Chiltern Hundreds is an ancient administrative area in Buckinghamshire, England, composed of three " hundreds" and lying partially within the Chiltern Hills. "Taking the Chiltern Hundreds" refers to one of the legal fictions used to effect ...
and of the
Manor of Northstead
Northstead is an area on the North Bay of Scarborough in North Yorkshire, England. The area near Newlands and Barrowcliff includes Peasholm Park and Scarborough Open Air Theatre.
In 2011, the namesake ward had a population of 4,038, since 20 ...
.
Seventh, Judges' commissions are valid ''quamdiu se bene gesserint'' (during good behaviour) and if they do not behave themselves, they can be removed only by both Houses of Parliament (or in other Commonwealth realms the one House of Parliament, depending on the legislature's structure.) This provision was the result of various monarchs influencing judges' decisions, and its purpose was to assure
judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
. This
patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
was used prior to 1701 but did not prevent
Charles I Charles I may refer to:
Kings and emperors
* Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings
* Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily
* Charles I of ...
from removing
Sir John Walter as
Chief Baron of the Exchequer
The Chief Baron of the Exchequer was the first "baron" (meaning judge) of the English Exchequer of Pleas. "In the absence of both the Treasurer of the Exchequer or First Lord of the Treasury, and the Chancellor of the Exchequer, it was he who pre ...
.
Eighth, that "no Pardon under the
Great Seal of England
The Great Seal of the Realm or Great Seal of the United Kingdom (known prior to the Treaty of Union of 1707 as the Great Seal of England; and from then until the Union of 1801 as the Great Seal of Great Britain) is a seal that is used to sym ...
be pleadable to an Impeachment by the Commons in Parliament". This meant in effect that no pardon by the monarch was to save someone from being
impeached
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In ...
by the House of Commons.
Opposition
The
Tory
A Tory () is a person who holds a political philosophy known as Toryism, based on a British version of traditionalism and conservatism, which upholds the supremacy of social order as it has evolved in the English culture throughout history. The ...
administration that replaced the
Whig Junto
The Whig Junto is the name given to a group of leading Whigs who were seen to direct the management of the Whig Party and often the government, during the reigns of William III and Anne. The Whig Junto proper consisted of John Somers, later ...
in 1699 took responsibility for steering the Act through Parliament. As a result, it passed with little opposition, although five peers voted against it in the House of Lords, including the
Earl of Huntingdon
Earl of Huntingdon is a title which has been created several times in the Peerage of England. The medieval title (1065 creation) was associated with the ruling house of Scotland (David I of Scotland, David of Scotland).
The seventh and most rec ...
, his brother-in-law the
Earl of Scarsdale
Earl of Scarsdale was a title in the Peerage of England. It was created in 1645 for Francis Leke, 1st Baron Deincourt, an ardent supporter of Charles I during the Civil War. He had already been created a baronet, of Sutton in the County of Derb ...
and three others. While many shared their opposition to a 'foreign' king, the general feeling was summed up as 'better a German prince than a French one.'
Legacy
For different reasons, various
constitutionalist
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".
Political organizations are constitutional ...
s have praised the Act of Settlement:
Henry Hallam
Henry Hallam (9 July 1777 – 21 January 1859) was an English historian. Educated at Eton and Christ Church, Oxford, he practised as a barrister on the Oxford circuit for some years before turning to history. His major works were ''View of t ...
called the Act "the seal of our constitutional laws" and
David Lindsay Keir
Sir David Lindsay Keir (22 May 1895 – 2 October 1973) was a British historian and educator. From 1949 to 1965, he was Master of Balliol College, Oxford.
Life
Keir was born at Bellingham, Northumberland, the eldest of six children to William Ke ...
placed its importance above the Bill of Rights of 1689. Naamani Tarkow wrote: "If one is to make sweeping statements, one may say that, save
Magna Carta
(Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the ...
(more truly, its implications), the Act of Settlement is probably the most significant statute in English history".
Union of Scotland with England and Wales
The Act of Settlement was, in many ways, the major cause of the
union
Union commonly refers to:
* Trade union, an organization of workers
* Union (set theory), in mathematics, a fundamental operation on sets
Union may also refer to:
Arts and entertainment
Music
* Union (band), an American rock group
** ''Un ...
of Scotland with England and Wales to form the
Kingdom of Great Britain
The Kingdom of Great Britain (officially Great Britain) was a Sovereign state, sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of ...
. The
Parliament of Scotland
The Parliament of Scotland ( sco, Pairlament o Scotland; gd, Pàrlamaid na h-Alba) was the legislature of the Kingdom of Scotland from the 13th century until 1707. The parliament evolved during the early 13th century from the king's council o ...
was not happy with the Act of Settlement and, in response, passed the
Act of Security in 1704, through which Scotland reserved the right to choose its own successor to
Queen Anne. Stemming from this, the Parliament of England decided that, to ensure the stability and future prosperity of Great Britain, full union of the two parliaments and nations was essential before Anne's death.
It used a combination of exclusionary legislation (the
Alien Act 1705
The Alien Act was a law passed by the Parliament of England in February 1705, as a response to the Parliament of Scotland's Act of Security of 1704, which in turn was partially a response to the English Act of Settlement 1701. Lord Godolphin, the ...
), politics, and
bribery to achieve this within three years under the
Act of Union 1707
The Acts of Union ( gd, Achd an Aonaidh) were two Acts of Parliament: the Union with Scotland Act 1706 passed by the Parliament of England, and the Union with England Act 1707 passed by the Parliament of Scotland. They put into effect the te ...
. This success was in marked contrast to the four attempts at political union between 1606 and 1689, which all failed owing to a lack of political will in both kingdoms. By virtue of Article II of the
Treaty of Union
The Treaty of Union is the name usually now given to the treaty which led to the creation of the new state of Great Britain, stating that the Kingdom of England (which already included Wales) and the Kingdom of Scotland were to be "United i ...
, which defined the succession to the throne of Great Britain, the Act of Settlement became part of
Scots law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
as well.
Succession to the Crown
In addition to excluding
James II, who died a few months after the Act received royal assent, and his Roman Catholic children,
Prince James (''The Old Pretender'') and the
Princess Royal
Princess Royal is a substantive title, style customarily (but not automatically) awarded by a United Kingdom, British monarch to their eldest daughter. Although purely honorary, it is the highest honour that may be given to a female member of th ...
, the Act also excluded the descendants of Princess
Henrietta Henrietta may refer to:
* Henrietta (given name), a feminine given name, derived from the male name Henry
Places
* Henrietta Island in the Arctic Ocean
* Henrietta, Mauritius
* Henrietta, Tasmania, a locality in Australia
United States
* Henrie ...
, the youngest sister of James II. Henrietta's daughter was
Anne
Anne, alternatively spelled Ann, is a form of the Latin female given name Anna. This in turn is a representation of the Hebrew Hannah, which means 'favour' or 'grace'. Related names include Annie.
Anne is sometimes used as a male name in the ...
, Queen of Sardinia, a Roman Catholic, from whom descend all
Jacobite pretenders after 1807.
With the legitimate descendants of
Charles I Charles I may refer to:
Kings and emperors
* Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings
* Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily
* Charles I of ...
either childless (in the case of his two grand-daughters the late Queen
Mary II and her successor Queen
Anne
Anne, alternatively spelled Ann, is a form of the Latin female given name Anna. This in turn is a representation of the Hebrew Hannah, which means 'favour' or 'grace'. Related names include Annie.
Anne is sometimes used as a male name in the ...
) or Roman Catholic, Parliament's choice was limited to Sophia of Hanover, the Protestant daughter of the late
Elizabeth of Bohemia, the only other child of
King James I
James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the Scottish and English crowns on 24 March 1603 until hi ...
to have survived childhood. Elizabeth had borne nine children who reached adulthood, of whom
Sophia was the youngest daughter. However in 1701 Sophia was the senior Protestant one, therefore with a legitimate claim to the English throne; Parliament passed over her Roman Catholic siblings, namely her sister
Louise Hollandine of the Palatinate
Louise Hollandine of the Palatinate (18 April 1622 – 11 February 1709) was a painter and abbess. She was a daughter of Frederick V of the Palatinate and King of Bohemia, and Elizabeth of Bohemia, Elizabeth Stuart.
Early life
Born in April 162 ...
, and their descendants, who included
Elizabeth Charlotte, Duchess of Orléans;
Louis Otto, Prince of Salm
Louis Otto, Prince of Salm (24 October 1674 – 23 November 1738) was the Count of Salm-Salm from 1710, the only son of the Imperial chamberlain (''Reichskämmerer'') Charles Theodore, Prince of Salm (1645–1710) and Countess Palatine Luise Mari ...
, and his aunts;
Anne Henriette, Princess of Condé, and
Benedicta Henrietta, Duchess of Brunswick-Lüneburg.
Removal from the succession due to Catholicism
Since the Act's passing the most senior living member of the royal family to have married a Roman Catholic, and thereby to have been removed from the line of succession, is
Prince Michael of Kent
Prince Michael of Kent, (Michael George Charles Franklin; born 4 July 1942) is a member of the British royal family, who is 51st in the line of succession to the British throne as of September 2022. Queen Elizabeth II and Michael were firs ...
, who married
Baroness Marie-Christine von Reibnitz
Princess Michael of Kent (born Baroness Marie-Christine Anna Agnes Hedwig Ida von Reibnitz, 15 January 1945) is a member of the British royal family of German, Austrian, Czech and Hungarian descent. She is married to Prince Michael of Kent, ...
in 1978; he was fifteenth in the line of succession at the time. He was restored to the line of succession in 2015 when the
Succession to the Crown Act 2013 came into force, and became 34th in line.
The next most senior living descendant of the Electress Sophia who had been ineligible to succeed on this ground is
George Windsor, Earl of St Andrews
George Philip Nicholas Windsor, Earl of St Andrews (born 26 June 1962) is an English philanthropist, former diplomat and relative of the British royal family. He was a member of HM Diplomatic Service in New York and Budapest. St Andrews became ...
, the elder son of
Prince Edward, Duke of Kent
Prince Edward, Duke of Kent, (Edward George Nicholas Paul Patrick; born 9 October 1935) is a member of the British royal family. Queen Elizabeth II and Edward were first cousins through their fathers, King George VI, and Prince George, Duk ...
, who married the Roman Catholic
Sylvana Palma Tomaselli in 1988. His son,
Lord Downpatrick, converted to Roman Catholicism in 2003 and is the most senior descendant of Sophia to be barred as a result of his religion. In 2008 his daughter,
Lady Marina Windsor
Lady Marina Charlotte Alexandra Katharine Helen Windsor (born 30 September 1992) is a British noblewoman and relative of the British royal family. Although she is a great-great-granddaughter of King George V, and a second cousin once removed o ...
, also converted to Catholicism and was removed from the line of succession. More recently,
Peter Phillips
Peter Mark Andrew Phillips (born 15 November 1977) is a British businessman and the son of Anne, Princess Royal, and Captain Mark Phillips. He is the eldest nephew of King Charles III, and 17th in the line of succession to the British throne.
...
, the son of
Anne, Princess Royal
Anne, Princess Royal (Anne Elizabeth Alice Louise; born 15 August 1950), is a member of the British royal family. She is the second child and only daughter of Queen Elizabeth II and Prince Philip, Duke of Edinburgh, and the only sister of ...
, and eleventh in line to the throne, married
Autumn Kelly
Autumn Patricia Phillips (née Kelly; born May 3, 1978) is the Canadian-born former wife of Peter Phillips, who is the son of Anne, Princess Royal and the eldest grandchild of Queen Elizabeth II and Prince Philip, Duke of Edinburgh. After grad ...
; Kelly had been brought up as a Roman Catholic, but she converted to
Anglicanism
Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of the ...
prior to the wedding. Had she not done so, Phillips would have forfeited his place in the succession upon their marriage, only to have it restored in 2015.
Excluding those princesses who have married into Roman Catholic royal families, such as
Marie of Edinburgh
Marie (born Princess Marie Alexandra Victoria of Edinburgh; 29 October 1875 – 18 July 1938) was the last Queen of Romania as the wife of King Ferdinand I.
Marie was born into the British royal family. Her parents were Prince Alfred, ...
,
Victoria Eugenie of Battenberg
Victoria Eugenie Julia Ena of Battenberg (24 October 1887 – 15 April 1969) was Queen of Spain as the wife of King Alfonso XIII from their marriage on 31 May 1906 until 14 April 1931, when the Spanish Second Republic was proclaimed. A Hessi ...
and
Princess Beatrice of Edinburgh, one member of the Royal Family (that is, with the style of ''
Royal Highness
Royal Highness is a style used to address or refer to some members of royal families, usually princes or princesses. Monarchs and their consorts are usually styled ''Majesty''.
When used as a direct form of address, spoken or written, it takes ...
'') has converted to Roman Catholicism since the passage of the Act: the
Duchess of Kent
Duchess of Kent is the principal courtesy title used by the wife of the Duke of Kent. There have been four titles referring to Kent since the 18th century. The current duchess is Katharine, the wife of Prince Edward. He inherited the dukedom ...
, wife of
Prince Edward, Duke of Kent
Prince Edward, Duke of Kent, (Edward George Nicholas Paul Patrick; born 9 October 1935) is a member of the British royal family. Queen Elizabeth II and Edward were first cousins through their fathers, King George VI, and Prince George, Duk ...
, who converted on 14 January 1994, but her husband did not lose his place in the succession because she was an Anglican at the time of their marriage.
Present status
As well as being part of the law of the United Kingdom, the Act of Settlement was received into the laws of all the countries and territories over which the British monarch reigned. It remains part of the laws of the 15
Commonwealth realms
A Commonwealth realm is a sovereign state in the Commonwealth of Nations whose monarch and head of state is shared among the other realms. Each realm functions as an independent state, equal with the other realms and nations of the Commonweal ...
and the relevant jurisdictions within those realms. In accordance with established convention, the
Statute of Westminster 1931
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown.
Passed on 11 December 1931, the statute increased the sovereignty of the ...
and later laws, the Act of Settlement (along with the other laws governing the succession of the Commonwealth realms) may only be changed with the agreement of all the realms (and, in some federal realms, the constituent members of those federations). The
Succession to the Crown Act 2013 changed many provisions of this Act.
Amendment proposals
Challenges have been made against the Act of Settlement, especially its provisions regarding Roman Catholics and
preference for males. However, changing the Act is a complex process, since the Act governs the shared succession of all the
Commonwealth realm
A Commonwealth realm is a sovereign state in the Commonwealth of Nations whose monarch and head of state is shared among the other realms. Each realm functions as an independent state, equal with the other realms and nations of the Commonwealt ...
s. The
Statute of Westminster 1931
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown.
Passed on 11 December 1931, the statute increased the sovereignty of the ...
acknowledges by established convention that any changes to the rules of succession may be made only with the agreement of all of the states involved, with concurrent amendments to be made by each state's parliament or parliaments. Further, as the current monarch's eldest child and, in turn, his eldest child, are Anglican males, any change to the succession laws would have no immediate implications. Consequently, there was little public concern with the issues and debate had been confined largely to academic circles until the November 2010 announcement that
Prince William was to marry. This raised the question of what would happen if he were to produce first a daughter and then a son.
''
The Times
''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (fou ...
'' reported on 6 November 1995 that
Prince Charles
Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. He was the longest-serving heir apparent and Prince of Wales and, at age 73, became the oldest person to ...
had said on that day to
Tony Blair
Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He previously served as Leader of th ...
and
Paddy Ashdown
Jeremy John Durham Ashdown, Baron Ashdown of Norton-sub-Hamdon, (27 February 194122 December 2018), better known as Paddy Ashdown, was a British politician and diplomat who served as Leader of the Liberal Democrats from 1988 to 1999. Internati ...
that "Catholics should be able to ascend to the British throne". Ashdown claimed the Prince said: "I really can't think why we can't have Catholics on the throne". In 1998, during debate on a
Succession to the Crown Bill, Junior Home Office Minister
Lord Williams of Mostyn
Gareth Wyn Williams, Baron Williams of Mostyn, (5 February 1941 – 20 September 2003), was a Welsh barrister and Labour politician who was Leader of the House of Lords, Lord President of the Council and a member of the Cabinet from 2001 until ...
informed the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
that the Queen had "no objection to the Government's view that in determining the line of succession to the throne, daughters and sons should be treated in the same way."
Australia
In October 2011 the
Australian federal government
The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentary constitutional monarchy. Like other Westminster-style systems of government, the Australian Government ...
was reported to have reached an agreement with all of
the states on potential changes to their laws in the wake of amendments to the Act of Settlement.
The practice of the Australian states—for example, New South Wales and Victoria—has been, when legislating to repeal some imperial statutes so far as they still applied in Australia, to provide that imperial statutes concerning the royal succession remain in force.
The legal process required at the federal level remains, theoretically, unclear. The
Australian constitution
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the ...
, as was noted during the crisis of 1936, contains no power for the federal parliament to legislate with respect to the monarchy.
Twomey
Twomey ( ga, Ó Tuama) is an Irish Gaelic clan based most prominently in what is today County Cork. The paternal ancestors of the clan are of the Corcu Loígde; the Twomey clan originated from Donnchadh na Tuaima who was himself a member of the ...
, pp. 8–9 Everything thus turns upon the status and meaning of clause 2 in the Commonwealth of Australia Constitution Act 1900, which provides: "The provisions of this Act referring to the Queen shall extend to Her Majesty's heirs and successors in the sovereignty of the United Kingdom."
Anne Twomey reviews three possible interpretations of the clause.
* First: it "mandates that whoever is the sovereign of the United Kingdom is also, by virtue of this external fact, sovereign of Australia"; accordingly, changes to British succession laws would have no effect on Australian law, but if the British amendment changed the sovereign, then the new sovereign of the United Kingdom would automatically become the new
sovereign of Australia.
* Second, it is "merely an interpretative provision", operating to ensure that references to "the Queen" in the Constitution are references to whoever may at the time be the incumbent of the "sovereignty of the United Kingdom" as determined with regard to Australia, following the
Australia Act 1986
The Australia Act 1986 is the short title of each of a pair of separate but related pieces of legislation: one an Act of Parliament, Act of the Commonwealth (i.e. federal) Parliament of Australia, the other an Act of Parliament (UK), Act of ...
, by Australian law.
* Or, third, it incorporates the United Kingdom rules of succession into the Commonwealth of Australia Constitution Act, which itself can now be altered only by Australia, according to the
Australia Act 1986
The Australia Act 1986 is the short title of each of a pair of separate but related pieces of legislation: one an Act of Parliament, Act of the Commonwealth (i.e. federal) Parliament of Australia, the other an Act of Parliament (UK), Act of ...
; in that way, the British rules of succession have been patriated to Australia and, with regard to Australia, are subject to amendment or repeal solely by Australian law.
However, Twomey expresses confidence that, if the
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
were to be faced with the problems of covering clause 2, it would find some way to conclude that, with regard to Australia, the clause is subject solely to Australian law. Canadian scholar Richard Toporoski theorised in 1998 that "if, let us say, an alteration were to be made in the United Kingdom to the Act of Settlement 1701, providing for the succession of the Crown...
is my opinion that the domestic constitutional law of Australia or Papua New Guinea, for example, would provide for the succession in those countries of the same person who became Sovereign of the United Kingdom."
In practice, when legislating for the Perth Agreement (see below), the Australian governments took the approach of the states requesting, and referring power to, the federal government to enact the legislation on behalf of the states (under paragraph 51(xxxviii) of the Australian Constitution) and the Commonwealth of Australia.
Canada
In
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, where the Act of Settlement () is now a part of
Canadian constitutional law
Canadian constitutional law () is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws i ...
,
Tony O'Donohue
Anthony "Tony" Edward O'Donohue (March 22, 1933 – February 20, 2022) was a former municipal politician in Toronto, Ontario, Canada.
Early life
Born in The Burren, County Clare, Ireland (then Irish Free State), O'Donohue graduated as a civil eng ...
, a Canadian civic politician, took issue with the provisions that exclude Roman Catholics from the throne, and which make the
monarch of Canada
The monarchy of Canada is Canada's form of government embodied by the Canadian sovereign and head of state. It is at the core of Canada's constitutional Canadian federalism, federal structure and Westminster system, Westminster-style Parliamentar ...
the
Supreme Governor of the Church of England
The supreme governor of the Church of England is the titular head of the Church of England, a position which is vested in the British monarch. Queen and Church > Queen and Church of England">The Monarchy Today > Queen and State > Queen and Chur ...
, requiring him or her to be an
Anglican
Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of th ...
. This, he claimed, discriminated against non-Anglicans, including Catholics, who are the largest faith group in Canada.
In 2002, O'Donohue launched
a court action that argued the Act of Settlement violated the ''
Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
'', but, the case was dismissed by the court. It found that, as the Act of Settlement is part of the Canadian constitution, the Charter of Rights and Freedoms, as another part of the same constitution, does not have supremacy over it. Also, the court noted that, while Canada has the power to amend the line of succession to the Canadian throne, the Statute of Westminster stipulates that the agreement of the governments of the fifteen other Commonwealth realms that share the Crown would first have to be sought if Canada wished to continue its relationship with these countries. An appeal of the decision was dismissed on 16 March 2005. Some commentators state that, as a result of this, any single provincial legislature could hinder any attempts to change this Act, and by extension, to the line of succession for the shared crown of all 16 Commonwealth realms. Others contend that that is not the case, and changes to the succession instituted by an Act of the
Parliament of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...
"
n accord
N, or n, is the fourteenth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''en'' (pronounced ), plural ''ens''.
History
...
with the convention of symmetry that preserves the personal unity of the British and Dominion Crowns".
With the announcement in 2007 of the
engagement of
Peter Phillips
Peter Mark Andrew Phillips (born 15 November 1977) is a British businessman and the son of Anne, Princess Royal, and Captain Mark Phillips. He is the eldest nephew of King Charles III, and 17th in the line of succession to the British throne.
...
to
Autumn Kelly
Autumn Patricia Phillips (née Kelly; born May 3, 1978) is the Canadian-born former wife of Peter Phillips, who is the son of Anne, Princess Royal and the eldest grandchild of Queen Elizabeth II and Prince Philip, Duke of Edinburgh. After grad ...
, a Roman Catholic and a Canadian, discussion about the Act of Settlement was revived.
Norman Spector
Norman Spector (born March 6, 1949) is a Canadian journalist and former diplomat, civil servant, and newspaper publisher.
Early life and career
Born in Montreal, Quebec, Spector received a Bachelor of Arts with Honours in Political Science, f ...
called in ''
The Globe and Mail
''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it ...
'' for
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Stephen Harper
Stephen Joseph Harper (born April 30, 1959) is a Canadian politician who served as the 22nd prime minister of Canada from 2006 to 2015. Harper is the first and only prime minister to come from the modern-day Conservative Party of Canada, ...
to address the issue of the Act's bar on Catholics, saying Phillips' marriage to Kelly would be the first time the provisions of the Act would bear directly on Canada—Phillips would be barred from acceding to the Canadian throne because he married a Roman Catholic Canadian.
[ (In fact, Lord St Andrews had already lost his place in the line of succession when he married the Roman Catholic Canadian Sylvana Palma Tomaselli in 1988. But St Andrews' place in the line of succession was significantly lower than Phillips'.) Criticism of the Act of Settlement due to the Phillips–Kelly marriage was muted when Autumn Kelly converted to Anglicanism shortly before her marriage, thus preserving her husband's place in the line of succession.
]
United Kingdom
From time to time there has been debate over repealing the clause that prevents Roman Catholics, or those who marry one, from ascending to the British throne. Proponents of repeal argue that the clause is a bigoted anachronism; Cardinal Winning, who was leader of the Roman Catholic Church in Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
, called the act an "insult" to Catholics. Cardinal Murphy-O'Connor, the leader of the Roman Catholic Church in England, pointed out that Prince William (later the Duke of Cambridge) "can marry by law a Hindu
Hindus (; ) are people who religiously adhere to Hinduism.Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pages 35–37 Historically, the term has also been used as a geographical, cultural, and later religious identifier for ...
, a Buddhist
Buddhism ( , ), also known as Buddha Dharma and Dharmavinaya (), is an Indian religion or philosophical tradition based on teachings attributed to the Buddha. It originated in northern India as a -movement in the 5th century BCE, and ...
, anyone, but not a Roman Catholic." Opponents of repeal, such as Enoch Powell
John Enoch Powell, (16 June 1912 – 8 February 1998) was a British politician, classical scholar, author, linguist, soldier, philologist, and poet. He served as a Conservative Member of Parliament (1950–1974) and was Minister of Health (1 ...
and Adrian Hilton
Adrian is a form of the Latin language, Latin given name Adrianus (given name), Adrianus or Hadrianus (disambiguation), Hadrianus. Its ultimate origin is most likely via the former river Adria (river), Adria from the Venetic language, Venetic and ...
, believe that it would lead to the disestablishment of the Church of England as the state religion if a Roman Catholic were to come to the throne. They also note that the monarch must swear to defend the faith and be a member of the Anglican Communion
The Anglican Communion is the third largest Christian communion after the Roman Catholic and Eastern Orthodox churches. Founded in 1867 in London, the communion has more than 85 million members within the Church of England and other ...
, but that a Roman Catholic monarch would, like all Roman Catholics, owe allegiance to the Pope. This would, according to opponents of repeal, amount to a loss of sovereignty for the Anglican Church.
When in December 1978 there was media speculation that Prince Charles
Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. He was the longest-serving heir apparent and Prince of Wales and, at age 73, became the oldest person to ...
might marry a Roman Catholic, Powell defended the provision that excludes Roman Catholics from ascending the throne, stating his objection was not rooted in religious bigotry but in political considerations. He said a Roman Catholic monarch would mean the acceptance of a source of authority external to the realm and "in the literal sense, foreign to the Crown-in-Parliament
The King-in-Parliament (or, during the reign of a female monarch, Queen-in-Parliament), sometimes referred neutrally as the Crown-in-Parliament, is a technical term of constitutional law in the Commonwealth realms that refers to the Crown in i ...
... Between Roman Catholicism and royal supremacy
The Acts of Supremacy are two acts passed by the Parliament of England in the 16th century that established the English monarchs as the head of the Church of England; two similar laws were passed by the Parliament of Ireland establishing the Eng ...
there is, as Saint Thomas More
Sir Thomas More (7 February 1478 – 6 July 1535), venerated in the Catholic Church as Saint Thomas More, was an English lawyer, judge, social philosopher, author, statesman, and noted Renaissance humanist. He also served Henry VIII as Lord ...
concluded, no reconciliation." Powell concluded that a Roman Catholic crown would be the destruction of the Church of England because "it would contradict the essential character of that church."
He continued:
When Thomas Hobbes
Thomas Hobbes ( ; 5/15 April 1588 – 4/14 December 1679) was an English philosopher, considered to be one of the founders of modern political philosophy. Hobbes is best known for his 1651 book ''Leviathan'', in which he expounds an influent ...
wrote that "the Papacy is no other than the ghost of the deceased Roman Empire
The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterr ...
sitting crowned upon the grave thereof", he was promulgating an enormously important truth. Authority in the Roman Church is the exertion of that ''imperium'' from which England in the 16th century finally and decisively declared its national independence as the ''alter imperium'', the "other empire", of which Henry VIII
Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...
declared "This realm of England is an empire" ... It would signal the beginning of the end of the British monarchy. It would portend the eventual surrender of everything that has made us, and keeps us still, a nation.
The Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
unanimously passed a motion in 1999 calling for the complete removal of any discrimination linked to the monarchy and the repeal of the Act of Settlement. The following year, ''The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' challenged the succession law in court, claiming that it violated the European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
, which provides,
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, or other status.
As the Convention nowhere lists the right to succeed to the Crown as a human right, the challenge was rejected.
Adrian Hilton
Adrian is a form of the Latin language, Latin given name Adrianus (given name), Adrianus or Hadrianus (disambiguation), Hadrianus. Its ultimate origin is most likely via the former river Adria (river), Adria from the Venetic language, Venetic and ...
, writing in ''The Spectator
''The Spectator'' is a weekly British magazine on politics, culture, and current affairs. It was first published in July 1828, making it the oldest surviving weekly magazine in the world.
It is owned by Frederick Barclay, who also owns ''The ...
'' in 2003, defended the Act of Settlement as not "irrational prejudice or blind bigotry", but claimed that it was passed because "the nation had learnt that when a Roman Catholic monarch is upon the throne, religious and civil liberty is lost." He points to the Pope's claiming universal jurisdiction, and Hilton argues that "it would be intolerable to have, as the sovereign of a Protestant and free country, one who owes any allegiance to the head of any other state" and contends that, if such situation came about, "we will have undone centuries of common law." He said that because the Roman Catholic Church does not recognise the Church of England as an apostolic church, a Roman Catholic monarch who abided by their faith's doctrine would be obliged to view Anglican and Church of Scotland
The Church of Scotland ( sco, The Kirk o Scotland; gd, Eaglais na h-Alba) is the national church in Scotland.
The Church of Scotland was principally shaped by John Knox, in the Scottish Reformation, Reformation of 1560, when it split from t ...
archbishops, bishops, and clergy as part of the laity and therefore "lacking the ordained authority to preach and celebrate the sacraments." (Hilton noted that the Church of Scotland's Presbyterian polity
Presbyterian (or presbyteral) polity is a method of church governance ("ecclesiastical polity") typified by the rule of assemblies of presbyters, or elders. Each local church is governed by a body of elected elders usually called the session or ...
does not include bishops or archbishops.) Hilton said a Roman Catholic monarch would be unable to be crowned by the Archbishop of Canterbury
The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the ceremonial head of the worldwide Anglican Communion and the diocesan bishop of the Diocese of Canterbury. The current archbishop is Justi ...
and notes that other European states have similar religious provisions for their monarchs: Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
, Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
, and Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
, whose constitutions compel their monarchs to be Lutherans
Lutheranism is one of the largest branches of Protestantism, identifying primarily with the theology of Martin Luther, the 16th-century German monk and reformer whose efforts to reform the theology and practice of the Catholic Church launched ...
; the Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
, which has a constitution requiring its monarchs be members of the Protestant House of Orange
The House of Orange-Nassau (Dutch: ''Huis van Oranje-Nassau'', ) is the current reigning house of the Netherlands. A branch of the European House of Nassau, the house has played a central role in the politics and government of the Netherlands ...
; and Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
, which has a constitution that provides for the succession to be through Roman Catholic houses.
In December 2004, a private member's bill—the Succession to the Crown Bill—was introduced in the House of Lords. The government, headed by Tony Blair
Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He previously served as Leader of th ...
, blocked all attempts to revise the succession laws, claiming it would raise too many constitutional issues and it was unnecessary at the time. In the British general election the following year, Michael Howard
Michael Howard, Baron Howard of Lympne (born Michael Hecht; 7 July 1941) is a British politician who served as Leader of the Conservative Party and Leader of the Opposition from November 2003 to December 2005. He previously held cabinet posi ...
promised to work towards having the prohibition removed if the Conservative Party
The Conservative Party is a name used by many political parties around the world. These political parties are generally right-wing though their exact ideologies can range from center-right to far-right.
Political parties called The Conservative P ...
gained a majority of seats in the House of Commons, but the election was won by Blair's Labour Party. Four years later, plans drawn up by Chris Bryant
Christopher John Bryant (born 11 January 1962) is a British politician and former Anglican priest who is the Chair of the Committees on Standards and Privileges. He previously served in government as Deputy Leader of the House of Commons fro ...
were revealed that would end the exclusion of Catholics from the throne and end the doctrine of agnatic (male-preference) primogeniture
Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relativ ...
in favour of absolute primogeniture, which governs succession solely on birth order and not on sex. The issue was raised again in January 2009, when a private member's bill to amend the Act of Succession was introduced in parliament.
Across the realms
In early 2011 Keith Vaz
Nigel Keith Anthony Standish Vaz (born 26 November 1956) is a British Labour Party politician who served as the Member of Parliament (MP) for Leicester East for 32 years, from 1987 to 2019. He was the British Parliament's longest-serving Br ...
, a Labour
Labour or labor may refer to:
* Childbirth, the delivery of a baby
* Labour (human activity), or work
** Manual labour, physical work
** Wage labour, a socioeconomic relationship between a worker and an employer
** Organized labour and the labour ...
Member of Parliament, introduced to the House of Commons at Westminster a private member's bill
A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in whi ...
which proposed that the Act of Settlement be amended to remove the provisions relating to Roman Catholicism and change the primogeniture governing the line of succession to the British throne from agnatic
Patrilineality, also known as the male line, the spear side or agnatic kinship, is a common kinship system in which an individual's family membership derives from and is recorded through their father's lineage. It generally involves the inheritanc ...
to absolute cognatic. Vaz sought support for his project from the Canadian Cabinet and Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Stephen Harper
Stephen Joseph Harper (born April 30, 1959) is a Canadian politician who served as the 22nd prime minister of Canada from 2006 to 2015. Harper is the first and only prime minister to come from the modern-day Conservative Party of Canada, ...
, but the Office of the Prime Minister of Canada
The Prime Minister's Office (PMO; french: Cabinet du Premier minister; french: CPM, label=none) is the political arm of the staff housed in the Office of the Prime Minister and Privy Council building that supports the role of the Prime Minister o ...
responded that the issue was "not a priority for the government or for Canadians without further elaboration on the merits or drawbacks of the proposed reforms". Stephenson King
Stephenson King (born 13 November 1958) is the former Prime Minister of Saint Lucia. He is the Senior Minister and Minister for Infrastructure, Ports, Transport, Physical Development, and Urban Renewal. King was the former candidate for the Uni ...
, Prime Minister of Saint Lucia, said he supported the idea and it was reported that the government of New Zealand did, as well. The Monarchist League of Canada
The Monarchist League of Canada (french: Ligue monarchiste du Canada) is a Canadian nonprofit monarchist advocacy organization. said at the time to the media that it "supports amending the Act of Settlement in order to modernize the succession rules."
Later the same year, the Deputy Prime Minister of the United Kingdom, Nick Clegg
Sir Nicholas William Peter Clegg (born 7 January 1967) is a British media executive and former Deputy Prime Minister of the United Kingdom who has been president for global affairs at Meta Platforms since 2022, having previously been vicepr ...
, announced that the government was considering a change in the law. At approximately the same time, it was reported that British Prime Minister David Cameron
David William Donald Cameron (born 9 October 1966) is a British former politician who served as Prime Minister of the United Kingdom from 2010 to 2016 and Leader of the Conservative Party from 2005 to 2016. He previously served as Leader o ...
had written to each of the prime ministers of the other fifteen Commonwealth realms, asking for their support in changing the succession to absolute primogeniture and notifying them he would raise his proposals at that year's Commonwealth Heads of Government Meeting (CHOGM) in Perth
Perth is the capital and largest city of the Australian state of Western Australia. It is the fourth most populous city in Australia and Oceania, with a population of 2.1 million (80% of the state) living in Greater Perth in 2020. Perth is ...
, Australia. Cameron reportedly also proposed removing the restriction on successors being or marrying Roman Catholics; however, potential Roman Catholic successors would be required to convert to Anglicanism prior to acceding to the throne. In reaction to the letter and media coverage, Harper stated that, this time, he was "supportive" of what he saw as "reasonable modernizations".
At the 2011 Commonwealth Heads of Government Meeting on 28 October 2011, the prime ministers of the other Commonwealth realms agreed to support Cameron's proposed changes to the Act. The bill put before the Parliament of the United Kingdom would act as a model for the legislation required to be passed in at least some of the other realms, and any changes would only first take effect if the Duke of Cambridge
Duke of Cambridge, one of several current royal dukedoms in the United Kingdom , is a hereditary title of specific rank of nobility in the British royal family. The title (named after the city of Cambridge in England) is heritable by male de ...
were to have a daughter before a son.
The British group Republic
A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...
asserted that succession reform would not make the monarchy any less discriminatory. As it welcomed the gender equality reforms, the British newspaper ''The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' criticized the lack of a proposal to remove the ban on Catholics sitting on the throne, as did Alex Salmond
Alexander Elliot Anderson Salmond (; born 31 December 1954) is a Scottish politician and economist who served as First Minister of Scotland from 2007 to 2014. A prominent figure on the Scottish nationalist movement, he has served as leader ...
, First Minister of Scotland, who pointed out that "It is deeply disappointing that the reform f the Act of Settlement of 1701
F, or f, is the sixth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ef'' (pronounced ), and the plural is ''efs''.
His ...
has stopped short of removing the unjustifiable barrier on a Catholic becoming monarch." On the subject, Cameron asserted: "Let me be clear, the monarch must be in communion with the Church of England because he or she is the head of that Church."
The disqualification arising from marriage to a Roman Catholic was removed by the Succession to the Crown Act 2013.Succession to the Crown Act 2013, Explanatory Notes
/ref>
See also
* Jacobitism
Jacobitism (; gd, Seumasachas, ; ga, Seacaibíteachas, ) was a political movement that supported the restoration of the senior line of the House of Stuart to the Monarchy of the United Kingdom, British throne. The name derives from the first name ...
* List of British monarchs
There have been 13 British monarchs since the political union of the Kingdom of England and the Kingdom of Scotland on 1 May 1707. England and Scotland had been in personal union since 24 March 1603. On 1 January 1801, the Kingdom of Great Brit ...
* List of Canadian monarchs
Listed here are the monarchs who reigned over Canada, starting with the French colony of Canada which subsequently became a British colony, followed by the British Dominion of Canada, and finally the present-day sovereign state of Canada. The d ...
* List of New Zealand monarchs
The monarchy of New Zealand is the Constitution of New Zealand, constitutional system of government in which a Hereditary monarchy, hereditary monarch is the sovereign and head of state of New Zealand. The current monarch, King Charles III, as ...
* List of Australian monarchs
* Royal Succession Bills and Acts
Royal Succession Bills and Acts are pieces of (proposed) legislation to determine the legal line of succession to the Monarchy of the United Kingdom.
A Succession to the Crown Bill is a proposed piece of legislation in the United Kingdom, pres ...
* Succession to the British throne
Succession to the British throne is determined by descent, gender, legitimacy and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 an ...
* Alternative successions of the English and British crown
British history provides several opportunities for alternative claimants to the English and later British Crown to arise, and historical scholars have on occasion traced to present times the heirs of those alternative claims.
Throughout this artic ...
References
Citations
Notes
Bibliography
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External links
*
Text of the Act of Settlement as originally passed
''The Statutes at Large'': vol X: 1696/7–1703 (1764), pp. 357–60.
Official text of the "Act of Settlement 1700" as currently in force in the Australian Capital Territory
British Monarchy web page on the Act of Settlement
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Image of original act from the Parliamentary Archives website
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{{DEFAULTSORT:Act Of Settlement 1701
Australian constitutional law
Constitution of Canada
Constitutional laws of England
Constitution of the United Kingdom
Acts of the Parliament of England
Acts of the Parliament of England still in force
1701 in law
1701 in England
Monarchy in Canada
Monarchy in Australia
Monarchy in New Zealand
Succession acts
Succession to the British crown
Succession to the Canadian Crown
Law about religion in the United Kingdom
History of Christianity in Canada
History of Catholicism in England
Anti-Catholicism in England
Sophia of Hanover