Succession to the Crown Act 1543
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The Third Succession Act of King
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 ...
's reign, 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 advise ...
in July 1543, returned his daughters Mary and Elizabeth to the line of the succession behind their half-brother
Edward Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sax ...
. Born in 1537, Edward was the son of Henry VIII and his third wife,
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 ...
, and heir apparent to the throne.


History


Title and dating

The Act did not have a title in the modern sense. It is formally cited as 35 Hen. 8 c. 1 (meaning the first Act passed in the 35th year of Henry VIII's reign), and referred to by historians as the Succession to the Crown Act 1543 or the Act of Succession 1543. The
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
was given to this bill in the spring of 1544 at the conclusion of the 1543/1544 Parliament, but until 1793 acts were usually backdated to the beginning of the session of Parliament in which they were passed; as such the Act is also often dated 1544.


Relationship to First and Second Succession Acts

The Third Succession Act superseded the
First Succession Act The First Succession Act of Henry VIII's reign was passed by the Parliament of England in March 1534. The Act was formally titled the Succession to the Crown Act 1533, or the Act of Succession 1533; it is often dated as 1534, as it was passed in ...
(1533) and the Second Succession Act (1536), whose effects had been to declare bastards Henry's daughters Mary and Elizabeth, and to remove them from succession to the throne. This new act returned both Mary and Elizabeth to the line of succession behind
Edward Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sax ...
, any potential children of Edward, and any potential children of Henry by his then wife,
Catherine Parr Catherine Parr (sometimes alternatively spelled Katherine, Katheryn, Kateryn, or Katharine; 1512 – 5 September 1548) was Queen of England and Ireland as the last of the six wives of King Henry VIII from their marriage on 12 July 1543 until ...
, or any future wife Henry might have. With the 1536 Act, Henry VIII was authorised to dispose of the Crown by
letters patent Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, tit ...
or by will, in default of any legitimate heirs after Mary and Elizabeth. Mary and Elizabeth, who had both been declared
illegitimate Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as '' ...
and incapable to inherit, were not restored to legitimacy in the 1543/44 Act; they were only restored to succession of the Crown (with several provisos stipulated in his will of 1547, such as they could not marry without 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 mo ...
's approval). This meant that the place in the succession of Mary and Elizabeth remained doubtful.


Historical effect

The
Treason Act 1547 The Treason Act 1547 (1 Ed. 6 c.12) was an Act of the Parliament of England. It is mainly notable for being the first instance of the rule that two witnesses are needed to prove a charge of treason, a rule which still exists today in the United S ...
made it
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 ...
to interrupt the line of succession to the throne established by the Act of Succession.
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 ...
meant to bypass this Act in his "Devise for the Succession", issued as letters patent on 21 June 1553, in which he named
Lady Jane Grey Lady Jane Grey ( 1537 – 12 February 1554), later known as Lady Jane Dudley (after her marriage) and as the "Nine Days' Queen", was an English noblewoman who claimed the throne of England and Ireland from 10 July until 19 July 1553. Jane was ...
as his successor. (subscription required) Prevailing over Lady Jane Grey, Mary ascended the throne under the terms of the Third Succession Act.


See also

*
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 a ...
* Alternative successions of the English and British crown


Notes


Further reading

*


External links

* * {{UK legislation 1543 in law 1543 in England Acts of the Parliament of England
Succession to the Crown Act 1543 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 of ...
Succession acts Edward VI of England Mary I of England Elizabeth I