Second Succession Act
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The Second Succession Act was a piece of legislation passed by 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 ...
in June 1536, during the reign of Henry VIII.


Provisions

The Second Succession Act was formally titled An Act concerning the Succession of the Crown, and was also known as the Succession to the Crown: Marriage Act 1536. 28 Henry VIII c.7 The Act followed the conviction and execution of
Anne Boleyn Anne Boleyn (; 1501 or 1507 – 19 May 1536) was Queen of England from 1533 to 1536, as the second wife of King Henry VIII. The circumstances of her marriage and of her execution by beheading for treason and other charges made her a key ...
, and removed both her daughter,
Elizabeth I Elizabeth I (7 September 153324 March 1603) was List of English monarchs, Queen of England and List of Irish monarchs, Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is ...
, and
Mary I Mary I (18 February 1516 – 17 November 1558), also known as Mary Tudor, and as "Bloody Mary" by her Protestant opponents, was Queen of England and Ireland from July 1553 and Queen of Spain from January 1556 until her death in 1558. She ...
, Henry's daughter by his first wife, from the line of succession. It superseded the First Succession Act, which had declared Mary to be illegitimate and Elizabeth to be
heir presumptive An heir presumptive is the person entitled to inherit a throne, peerage, or other hereditary honour, but whose position can be displaced by the birth of an heir apparent or a new heir presumptive with a better claim to the position in question. ...
. This new act declared that Elizabeth was also a bastard. As a result, Henry was left without any legitimate child to inherit the throne after his death, although this would change upon the birth of
Edward VI Edward VI (12 October 1537 – 6 July 1553) was King of England and Ireland from 28 January 1547 until his death in 1553. He was crowned on 20 February 1547 at the age of nine. Edward was the son of Henry VIII and Jane Seymour and the first E ...
in October 1537. Because Henry had no legitimate offspring at the time of the passage of the Act, the Act gave Henry "full and plenary power and authority" to choose who would succeed him if he died without an heir of his body, by naming his successor in letters patent or in his last will.Section 18 The Act also created several offences of
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
connected with interrupting the succession to the throne of any person so chosen,Section 20 or with saying that Henry's first two marriages to Catherine of Aragon and Anne Boleyn had been valid, or that his third marriage to
Jane Seymour Jane Seymour (c. 150824 October 1537) was Queen of England as the third wife of King Henry VIII of England from their marriage on 30 May 1536 until her death the next year. She became queen following the execution of Henry's second wife, Anne ...
was invalid, or with saying either of his daughters were legitimate and any son of his third marriage was not. The Act also required some of Henry's subjects to take an
oath Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to g ...
to uphold the Act, and made it treason to refuse to take said oath.Sections 24 and 25
Sanctuary A sanctuary, in its original meaning, is a sacred place, such as a shrine. By the use of such places as a haven, by extension the term has come to be used for any place of safety. This secondary use can be categorized into human sanctuary, a sa ...
was not available for people accused of treason under the Act,Section 22 and - in addition to the death penalty - anyone convicted of treason by interrupting the succession to the throne was to forfeit their own claim to the throne, if any existed. The Act also made it treason to criticise the death sentence passed against
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 ...
under the
Treasons Act 1534 The Treasons Act 1534 ( 26 Hen. 8. c. 13) was an Act of the Parliament of England passed in 1534, during the reign of King Henry VIII. Background This Act was passed after the Act of Supremacy 1534, which made the king the " Only Head of the Ch ...
.Section 21 Finally, the Act made it treason to attempt to repeal the Act. It was superseded in 1543 by the
Third Succession Act The Third Succession Act of King Henry VIII's reign, passed by the Parliament of England in July 1543, returned his daughters Mary and Elizabeth to the line of the succession behind their half-brother Edward. Born in 1537, Edward was the son o ...
, which returned Henry's daughters into the line of succession to the throne, but did not restore their legitimacy.


See also

* Succession to the British throne *
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


External links


Second Succession Act
{{UK legislation 1536 in law 1536 in England Acts of the Parliament of England (1485–1603) Succession to the Crown Act 1536 Succession acts Mary I of England Elizabeth I