Act of Settlement
Parliament of England
Long title:	An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject.
Statute book chapter:	12 & 13 Will. 3 c. 2
Introduced by:
Territorial extent:
Dates
Date of Royal Assent:	24 June 1701
Commencement:
Other legislation
Amendments:	1 Edw. 8 & 1 Geo. 6 c. 3
Related legislation:
Status: Current legislation
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Act of Settlement

Sophia of the Palatine, later Electress of Hanover
Portrait by her sister Louise Hollandine, c. 1644

The Act of Settlement (12 & 13 Wm 3 c.2) is an Act of the Parliament of England to settle the succession to the English throne on the Electress Sophia of Hanover, a granddaughter of James I, and her Protestant heirs. It remains the main Act of Parliament governing the succession to the thrones of the United Kingdom and the other Commonwealth Realms, whether by deference to the Act as a British statute or as a patriated part of the particular Realm's constitution. Image File history File links Her_Majesty's_Government_Coat_of_Arms. ... The English parliament in front of the King, c. ... The long title (properly, the title) is one of the parts, together with the short title, and the operative provisions (sections and Schedules), which comprise an Act of Parliament or Bill in the United Kingdom and certain other Commonwealth Realms. ... // The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. ... His Majestys Declaration of Abdication Act 1936 was the Act of the British Parliament that allowed King Edward VIII to abdicate the throne, and passed succession to Prince Albert, Duke of York. ... Image File history File links Metadata Size of this preview: 705 × 599 pixelsFull resolution (2880 × 2448 pixel, file size: 2. ... Image File history File links Metadata Size of this preview: 705 × 599 pixelsFull resolution (2880 × 2448 pixel, file size: 2. ... The English parliament in front of the King, c. ... Electress Sophia of Hanover (born Sophia, Countess Palatine of Simmern; 14 October 1630 – 8 June 1714) was the youngest daughter of Frederick V, Elector Palatine, of the House of Wittelsbach, the Winter King of Bohemia, and Elizabeth Stuart. ... James VI and I (19 June 1566 – 27 March 1625) was King of Scots as James VI, and King of England and King of Ireland as James I. He ruled in Scotland as James VI from 24 July 1567, when he was only one year old, succeeding his mother Mary... An Act of Parliament or Act is law enacted by the parliament (see legislation). ... HRH The Prince of Wales, the Heir Apparent. ... The Commonwealth Realms, shown in pink A Commonwealth Realm is any one of the sixteen sovereign states within the Commonwealth of Nations that recognise Elizabeth II as their respective monarch. ...

As such, the Act remains a key part of the constitutions of the United Kingdom and of the other Commonwealth Realms. The Act was originally filed in the Parliament of England in 1700, passed in 1701, and was later extended to Scotland by the terms of the Acts of Union 1707 before it was ever needed. It has since been incorporated in all such matters as noted above, including that of establishing the United Kingdom. Events January 1 - Russia accepts Julian calendar. ... Events January 18 - Frederick I becomes King of Prussia. ... This article is about the country. ... The Acts of Union were a pair of Acts of Parliament passed in 1706 and 1707 (taking effect on 1 May 1707) by, respectively, the Parliament of England and the Parliament of Scotland. ...

Because of a change in the way bills are named, the Act is also sometimes referred to as the Act of Settlement 1700. The measure contains neither date in its title, making the minor name ambiguity in some references to it now a matter of mere interesting historical/clerical trivia. Today it is generally always referred to as Act of Settlement 1701. Regnal year: the year of the reign of a sovereign. ...

[edit] Background

Following the Glorious Revolution, the line of succession to the English throne was governed by the Bill of Rights 1689. The Bill of Rights declared that the flight of James II from England to France during the Revolution amounted to an abdication of the throne, and that his son in law William of Orange and his daughter Mary were his successors (ruling jointly as William III and Mary II). The Bill of Rights also stated the line of succession would go through their descendants, then through Mary's sister Princess Anne and her descendents, and then to the issue of William III by a later marriage (if he were to marry again after the death of Mary II). The Glorious Revolution, also called the Revolution of 1688, was the overthrow of King James II of England (VII of Scotland) in 1688 by a union of Parliamentarians and the Dutch stadtholder William III of Orange-Nassau (William of Orange), who as a result ascended the English throne as William... English Bill of Rights (1689). ... James II and VII (14 October 1633 – 16 September 1701)[2] was King of England, King of Scots,[1] and King of Ireland from 6 February 1685 to 11 December 1688. ... Look up abdication in Wiktionary, the free dictionary. ... William III (14 November 1650 – 8 March 1702) was the Prince of Orange from his birth, Stadtholder of the main provinces of the Dutch Republic from 28 June 1672, King of England and King of Ireland from 13 February 1689, and King of Scots (under the name William II) from... Mary II (30 April 1662–28 December 1694) reigned as Queen of England and Ireland from 13 February 1689, and as Queen of Scots (as Mary II of Scotland) from 11 April 1689 until her death. ... William III Mary II The phrase William and Mary usually refers to the joint sovereignty over the Kingdom of England and the Kingdom of Scotland of King William III and his wife Queen Mary II. Their joint reign began in February, 1689, when they were called to the throne by... Anne (6 February 1665 – 1 August 1714) became Queen of England, Scotland and Ireland on 8 March 1702, succeeding William III of England and II of Scotland. ...

However, Mary II died in 1694, and Princess Anne's last surviving child, William, Duke of Gloucester, died in 1700. William III had not remarried, and Princess Anne was unlikely to have anymore children due to her age and the large number of miscarriages she had previously suffered. Thus, there was a need for a new law to: Events February 6 - The colony Quilombo dos Palmares is destroyed. ... William, Duke of Gloucester ( 24 July 1689 - 29 July 1700) was the only child of Princess (later Queen) Anne of England to survive infancy. ...

• ensure the succession would continue following the death of the last legal heir under the Bill of Rights, Princess Anne;
• to ensure the line of succession would continue in the Protestant line; and
• to exclude any possible claims by the deposed James II or his son and daughter, James Francis Edward and Louisa Maria Teresa Stuart.

The Act was passed formally in June 1701^[1] The Prince James, Prince of Wales (James Francis Edward Stuart; The Old Pretender or The Old Chevalier; 10 June 1688 – 1 January 1766) was the son of the deposed James II and VII. As such, he claimed the English, Scottish and Irish thrones (as James III and VIII) from the... Events January 18 - Frederick I becomes King of Prussia. ...

[edit] Provisions of the Act

The Act provided that the throne would pass to the Electress Sophia of Hanover — a granddaughter of James I of England, VI of Scotland, niece of Charles I of England and Scotland — and her Protestant descendants. Only the descendants of Sophia who were Protestant, and had not married a Roman Catholic, could succeed to the throne. Roman Catholics and those who marry Roman Catholics are barred from ascending the throne "for ever". Electress Sophia of Hanover (born Sophia, Countess Palatine of Simmern; 14 October 1630 – 8 June 1714) was the youngest daughter of Frederick V, Elector Palatine, of the House of Wittelsbach, the Winter King of Bohemia, and Elizabeth Stuart. ... James VI and I (19 June 1566 – 27 March 1625) was King of Scots as James VI, and King of England and King of Ireland as James I. He ruled in Scotland as James VI from 24 July 1567, when he was only one year old, succeeding his mother Mary... Charles I (19 November 1600 – 30 January 1649) was King of England, Scotland and Ireland from March 27, 1625 until his execution. ...

Also, eight provisions were included in the Act that would only come into effect when both King William and Princess Anne were dead. These were:

• That the monarch "shall join in communion with the Church of England". This was another provision to avoid a Roman Catholic monarch. Along with James II's perceived despotism, his religion was the main cause of the Glorious Revolution of 1688, and the previous linked religious and succession problems solved by the joint monarchy of William and Mary.

• That, 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 was farsighted, because when the House of Hanover ascended the British throne they would retain the territories that became the Kingdom of Hanover (situated in modern-day Germany's Lower Saxony). This provision has been dormant since Queen Victoria ascended the throne, because she did not inherit Hanover under the Salic Laws of the German states of the day, but in principle it could again become relevant in the future.

• That no monarch may leave "the dominions of England, Scotland, or Ireland" without the consent of Parliament ^[2] This provision was repealed in 1716 at the request of King George I who was also the Elector of Hanover and Duke of Brunswick-Lüneburg of the Holy Roman Empire, and so frequently needed and wanted to stay in Hanover.^[3]

• That all government matters within the jurisdiction of the Privy Council 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.^[4]

• That no foreigner, even if naturalized (unless they were born of English parents), shall be allowed to be a Privy Councillor or a member of either House of Parliament, or hold "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". As a result of subsequent nationality laws, this provision does not apply to naturalized British subjects.

• That no person who has an office under the monarch or receives a pension from the Crown can be an MP. This provision was inserted to avoid unwelcome royal influence over the Commons. It remains in force, but with several exceptions. As a side effect, this provision means that MPs seeking to resign from Parliament could get around the age-old prohibition on resignation by obtaining a low-salary sinecure in the pay of the Crown; while several offices have been used for this purpose, the main one in current use is the Wardenship of the Chiltern Hundreds.

• That 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. This provision was the result of various monarchs' influencing judges' rulings, and it assured nearly full judicial independence.

• That no pardon by the monarch can save someone from being impeached by the Commons in Parliament.

An effect of the Act is to make succession automatic and immediate: it does not depend on or wait for proclamation by the Privy Council. The Church of England is the officially established Christian church[3] in England, the Mother Church of the worldwide Anglican Communion and the oldest among the communions thirty-eight independent national churches. ... The Glorious Revolution, also called the Revolution of 1688, was the overthrow of King James II of England (VII of Scotland) in 1688 by a union of Parliamentarians and the Dutch stadtholder William III of Orange-Nassau (William of Orange), who as a result ascended the English throne as William... Year 1688 (MDCLXXXVIII) was a leap year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a leap year starting on Sunday of the 10-day slower Julian calendar). ... William III Mary II The phrase William and Mary usually refers to the joint sovereignty over the Kingdom of England and the Kingdom of Scotland of King William III and his wife Queen Mary II. Their joint reign began in February, 1689, when they were called to the throne by... The House of Hanover (the Hanoverians) is a German royal dynasty which has ruled the Duchy of Braunschweig-Lüneburg, the Kingdom of Hanover and the Kingdom of Great Britain and Ireland. ... Hanover (German Hannover) is a historical territory in todays Germany. ... With an area of 47,618 km and nearly eight million inhabitants, Lower Saxony (German Niedersachsen) lies in north-western Germany and is second in area and fourth in population among the countrys sixteen Bundesl nder (federal states). ... Queen Victoria redirects here. ... // The Salic law (Lat. ... For other uses, see England (disambiguation). ... This article is about the country. ... George I (George Louis; 28 May 1660 – 11 June 1727)[1] was King of Great Britain and Ireland, from 1 August 1714 until his death. ... The prince-electors or electoral princes of the Holy Roman Empire — German: Kurfürst (singular) Kurfürsten (plural) — were the members of the electoral college of the Holy Roman Empire, having the function of electing the Emperors of Germany. ... This article is about the medieval empire. ... Her Majestys Most Honourable Privy Council is a body of advisors to the British Sovereign. ... A sinecure (from Latin sine, without, and cura, care) means an office which requires or involves little or no responsibility, labour, or active service. ... The Chiltern Hundreds date back to the 13th century. ... Judicial independence is the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests. ... Depiction of the impeachment trial of Andrew Johnson, then President of the United States, in 1868. ... Her Majestys Most Honourable Privy Council is a body of advisors to the British Sovereign. ...

For these reasons various constitutionalists have praised the Act of Settlement. Henry Hallam called the Act "the seal of our constitutional laws" and David Lindsay Keir placed its importance above the Bill of Rights 1689.^[5] Naamani Tarkow has written: "If one is to make sweeping statements, one may say that, save Magna Carta (more truly, its implications), the Act of Settlement is probably the most significant statute in English history".^[6] Constitutionalism is the limitation of government by law. ... Henry Hallam (July 9, 1777 - January 21, 1859) was an English historian. ... This article is about the English charter issued in 1215. ...

[edit] Act of Union

This Act was, in many ways, the major cause of the Union of Scotland with England and Wales to form the Kingdom of Great Britain. The Parliament of Scotland was not happy with the Act of Settlement and, in response, passed the Act of Security in 1704, which gave Scotland the right to choose its own successor to Queen Anne. The Acts of Union were a pair of Acts of Parliament passed in 1706 and 1707 (taking effect on 1 May 1707) by, respectively, the Parliament of England and the Parliament of Scotland. ... This article is about the country. ... For an explanation of terms such as Scotland, Wales, England, (Great) Britain and United Kingdom, see British Isles (terminology). ... The parliament of Scotland, officially the Estates of Parliament, was the legislature of the independent Kingdom of Scotland. ... The Scottish Act of Security was a response by the Scottish Parliament to the English Act of Settlement. ... Events Building of the Students Monument in Aiud, Romania. ... Anne (6 February 1665 – 1 August 1714) became Queen of England, Scotland and Ireland on 8 March 1702, succeeding William III of England and II of Scotland. ...

As a result, 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, and used a combination of exclusionary legislation (the Alien Act of 1705), politics, and bribery to achieve it within three years under the Act of Union 1707. This 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, which defined the succession to the British Crown, the Act of Settlement became part of Scots Law as well. The English parliament in front of the King, c. ... The Alien Act of 1705 was a law passed by the English parliament as a response to the Scottish parliaments Act of Security of 1704, which in turn was a response to the English Act of Settlement 1701. ... Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ... The Acts of Union were twin Acts of Parliament passed in 1707 (taking effect on 26 March) by the Parliament of England and the Parliament of Scotland. ... Events January 27 - The trial of Guy Fawkes and other conspirators begins ending in their execution on January 31 May 17 - Supporters of Vasili Shusky invade the Kremlin and kill Premier Dmitri December 26 - Shakespeares King Lear performed in court Storm buries a village of St Ismails near... Year 1689 (MDCLXXXIX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Tuesday of the 10-day slower Julian calendar). ... The Acts of Union were twin Acts of Parliament passed in 1707 (taking effect on 26 March) by the Parliament of England and the Parliament of Scotland. ... The British monarch or Sovereign is the monarch and head of state of the United Kingdom and its overseas territories, and is the source of all executive, judicial and (as the Queen_in_Parliament) legislative power. ... Scots law is a unique legal system with an ancient basis in Roman law. ...

Sophia died before Anne, so the result of the Act was the succession of Sophia's son George as King George I, in preference to many of his cousins. George I (George Louis; 28 May 1660 – 11 June 1727)[1] was King of Great Britain and Ireland, from 1 August 1714 until his death. ...

Pursuant to the Act of Settlement, several members of the British Royal Family who have converted to Roman Catholicism or married Roman Catholics have been barred from succeeding to the Crown, though since George I no individual has actually been excluded from the throne on the grounds of religion. Members of the Royal Family, during the lifetime of the late Queen Mother, on the balcony of Buckingham Palace after the Trooping the Colour ceremony. ...

[edit] Current effects

Since the passing of the Act, the most senior Royal to have married a Roman Catholic and thereby been removed from the line of succession is Prince Michael of Kent, who married Baroness Marie-Christine von Reibnitz in 1978. Prince Michael of Kent was fifteenth in the line of succession at the time of his marriage. Prince Michael of Kent, GCVO (Michael George Charles Franklin Windsor; born 4 July 1942) is a member of the British Royal Family, a grandson of King George V and Queen Mary. ... Princess Michael of Kent (née Baroness Marie-Christine Agnes Hedwig Ida von Reibnitz, 15 January 1945), is a member of the British Royal Family. ... Year 1978 (MCMLXXVIII) was a common year starting on Sunday (link displays the 1978 Gregorian calendar). ...

The current most senior living descendant of the Electress Sophia who is ineligible to succeed due to the Act is George Windsor, Earl of St Andrews, the eldest son of Prince Edward, Duke of Kent, who married the Roman Catholic Sylvana Palma Tomaselli in 1988. He would be 25th in the line of succession if he had not lost his place. His son, Lord Downpatrick converted to Roman Catholicism in 2003, and is the most senior descendant to be barred as a Catholic himself. George Philip Nicholas Windsor, Earl of St Andrews (b. ... Field Marshal Prince Edward, Duke of Kent (Edward George Nicholas Patrick Paul; born 9 October 1935) is a member of the British Royal Family, a grandchild of George V. He has held the title of Duke of Kent since 1942. ... Sylvana Palma Windsor, Countess of St Andrews (born 28 May 1957) is the wife of George Windsor, Earl of St Andrews, the eldest son of Prince Edward, Duke of Kent. ... Edward Edmund Maximilian George Windsor, Baron Downpatrick (b. ...

Excluding those British Princesses who have married into Catholic Royal Families abroad, only one member of the Royal Family (i.e. with the style Royal Highness) has converted to Roman Catholicism since the passing of the Act: The Duchess of Kent, wife of Prince Edward, Duke of Kent. The Duchess converted to Roman Catholicism on January 14, 1994. Her husband, the Duke, did not lose his place in the succession, as the Duchess was an Anglican at the time of their marriage. The Duchess herself was never in the line of succession. Royal Highness (abbreviation HRH) is a style (His Royal Highness or Her Royal Highness); plural Royal Highnesses (abbreviation TRH, Their Royal Highnesses). ... The Duchess of Kent (Katharine Lucy Mary; born Worsley, 22 February 1933) is a member of the British Royal Family, the wife of Prince Edward, Duke of Kent, a grandson of King George V and cousin of Queen Elizabeth II. The Duchess of Kent gained attention for her conversion to... Field Marshal Prince Edward, Duke of Kent (Edward George Nicholas Patrick Paul; born 9 October 1935) is a member of the British Royal Family, a grandchild of George V. He has held the title of Duke of Kent since 1942. ... is the 14th day of the year in the Gregorian calendar. ... Year 1994 (MCMXCIV) The year 1994 was designated as the International Year of the Family and the International Year of the Sport and the Olympic Ideal by the United Nations. ...

On 28 July 2007, an engagement was announced between Peter Mark Andrew Phillips, eleventh-in-line to the Throne, and Canadian Autumn Kelly; it was later reported that Kelly was a Roman Catholic. Kelly converted to the Anglican faith prior to the wedding; had she retained her Catholicism Phillips would have forfeited his place in the succession upon their marriage. is the 209th day of the year (210th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... Peter Mark Andrew Phillips (born 15 November 1977) is the only son of The Princess Anne, the Princess Royal and her first husband, Mark Phillips. ... Main articles: History of Canada, Timeline of Canadian history Canada has been inhabited by aboriginal peoples (known in Canada as First Nations) for at least 40,000 years. ...

[edit] 1936 abdication

Under the Act, the senior descendant of the Electress Sophia is automatically sovereign, whether they wish to be or not. Thus, during the abdication crisis in 1936 caused by King Edward VIII's desire to marry Wallis Simpson, a new Act of Parliament was required throughout the Commonwealth Realms. In the United Kingdom His Majesty's Declaration of Abdication Act 1936 was passed, allowing the King to abdicate, and ensured the line of succession would pass to the next senior descendant of Sophia: Edward's brother Prince Albert, Duke of York (who became king as George VI). Any future issue of King Edward VIII, who would be senior in descent under the Act of Settlement, were excluded from succession. The Instrument of Abdication signed by Edward VIII Like King Henry VIII of England, whose wish to marry Anne Boleyn in the 1530s shook his kingdom, King Edward VIII created a crisis for the United Kingdom and the British Commonwealth in the 1930s when he wished to marry Wallis Simpson. ... Year 1936 (MCMXXXVI) was a leap year starting on Wednesday (link will display the full calendar) of the Gregorian calendar. ... Edward VIII (Edward Albert Christian George Andrew Patrick David; later The Prince Edward, Duke of Windsor; 23 June 1894 – 28 May 1972) was King of Great Britain, Ireland, the British Dominions beyond the Seas, and Emperor of India from the death of his father, George V (1910–36), on 20... Wallis, Duchess of Windsor and the Duke of Windsor on their wedding day Bessie Wallis Warfield, more widely known as Wallis Simpson and later The Duchess of Windsor (June 19, 1896–April 24, 1986) was the wife of Prince Edward, Duke of Windsor, the former King Edward VIII of the... His Majestys Declaration of Abdication Act 1936 was the Act of the British Parliament that allowed King Edward VIII to abdicate the throne, and passed succession to Prince Albert, Duke of York. ... George VI (Albert Frederick Arthur George; 14 December 1895 – 6 February 1952) was King of the United Kingdom and the British Dominions from 11 December 1936 until his death. ...

The following year, the Canadian Parliament passed the Succession to the Throne Act (1 Geo. VI, c.16) to ratify their consent to the British legislation. South Africa passed a similar Act. His Majesty's Declaration of Abdication Act did not apply to the Irish Free State, which passed its own legislation to remove Edward VIII, the Executive Authority (External Relations) Act 1936. The Succession to the Throne Act (1 Geo. ... This article is about the prior state. ... The Executive Authority (External Relations) Act, 1936 was an enactment of the Oireachtas (Irish parliament) in 1936. ...

[edit] Present debate

There are significant difficulties presented by the fact that the Act of Settlement regulates the succession of all the Commonwealth Realms. By the Statute of Westminster, any change to the rules of succession can be made only by agreement between the various realms, including the United Kingdom. The Commonwealth Realms, shown in pink A Commonwealth Realm is any one of the sixteen sovereign states within the Commonwealth of Nations that recognise Elizabeth II as their respective monarch. ... This article is about the Statute of Westminster relating to the British Empire and its dominions. ...

As the current sovereign is a woman, who has reigned for over 50 years, and both her eldest child, and in turn his eldest child, are Anglican males, any move to 'modernise' the rules of succession, by removing the preference for males or the discrimination against Roman Catholics, would currently have no practical implications; combined with the problems of changing the laws (separate legislation in numerous Commonwealth countries), this has led to little public concern with the issue. However, Prince William fathering a daughter (see the case of Victoria, Crown Princess of Sweden), or, even more so, expressing a desire to marry a woman who happened to be Catholic, could significantly revive moves to alter the law. Prince William redirects here. ... Victoria, Crown Princess of Sweden, Duchess of Västergötland (Swedish: , Victoria Ingrid Alice Désirée; born 14 July 1977) is the heiress apparent to the Swedish throne. ...

[edit] Canada

In Canada, where the Act of Settlement is now a part of Canadian constitutional law, Tony O'Donohue, a Canadian civic politician, observed that the Act of Settlement 1701 explicitly excludes Roman Catholics from the throne and the Queen is Supreme Governor of the Church of England, requiring her to be an Anglican. This, he claimed, discriminates against non-Anglicans, including Catholics, who are the largest faith group in Canada.^[7] In 2002, O'Donohue launched an ultimately unsuccessful court action that argued the Act of Settlement violates the Canadian Charter of Rights and Freedoms. His case was dismissed by the court, which found that as the Act of Settlement is part of the Canadian constitution, the Charter of Rights does not have supremacy over it. Also, the court pointed out 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 realms that share the Crown would first have to be sought if Canada wished to continue its relationship with the other Commonwealth Realms. An appeal of the decision was dismissed on 16 March 2005. The Constitution of Canada is the supreme law in Canada; the countrys constitution is an amalgam of codified acts and uncodified traditions and conventions. ... Anthony ODonohue is a former municipal politician in Toronto, Canada. ... The Roman Catholic Church, most often spoken of simply as the Catholic Church, is the largest Christian church, with over one billion members. ... Henry VIII was the founder of the Church of England yet did not hold the title of Supreme Governor. ... The Church of England is the officially established Christian church[3] in England, the Mother Church of the worldwide Anglican Communion and the oldest among the communions thirty-eight independent national churches. ... Also see: 2002 (number). ... The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... This article is about the monarchy of Canada, one of sixteen that share a common monarch; for information about this constitutional relationship, see Commonwealth realm; for information on the reigning monarch, see Elizabeth II. For information about other Commonwealth realm monarchies, as well as other relevant articles, see Commonwealth realm... This article is about the Statute of Westminster relating to the British Empire and its dominions. ... The Commonwealth Realms, shown in pink A Commonwealth Realm is any one of the sixteen sovereign states within the Commonwealth of Nations that recognise Elizabeth II as their respective monarch. ... is the 75th day of the year (76th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ...

Further information: O'Donohue v. Canada

With the announcement in 2007 of the engagement of Peter Phillips to Autumn Kelly, a Canadian who was Roman Catholic, discussion about the Act of Settlement was reinvigorated. Norman Spector called, in The Globe and Mail, for Prime Minister Stephen Harper to address the issue of the Act of Settlement's bar on Catholics, saying that 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.^[7] See also George Windsor, Earl of St Andrews who in 1988 married Sylvana Jones, a Catholic from Placentia, Newfoundland and Labrador and who is barred from succession to the throne but not from succession to the Dukedom of Kent. ODonohue v. ... “Engaged” redirects here. ... Peter Mark Andrew Phillips (born 15 November 1977) is the only son of The Princess Anne, the Princess Royal and her first husband, Mark Phillips. ... Norman Spector (born 1949) is a Canadian journalist, diplomat, civil servant, and newspaper publisher. ... The Globe and Mail is a Canadian English-language nationally distributed newspaper, based in Toronto and printed in six cities across the country. ... Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The Prime Minister of Canada (French: Premier ministre du Canada), is the Minister of the Crown who is head of the Government of Canada. ... Stephen Joseph Harper (born April 30, 1959) is the 22nd and current Prime Minister of Canada and leader of the Conservative Party of Canada. ... George Philip Nicholas Windsor, Earl of St Andrews (b. ... Sylvana Palma Windsor, Countess of St Andrews (born 28 May 1957) is the wife of George Windsor, Earl of St Andrews, the eldest son of Prince Edward, Duke of Kent. ... Panorama of Placentia. ...

[edit] United Kingdom

From time to time there has been debate over repealing the clause that keeps Roman Catholics or those who marry Roman Catholics from ascending to the throne. Proponents of repeal argue that the clause is a bigoted anachronism; Cardinal Winning, who was leader of the Roman Catholic Church in Scotland, called the act an 'insult' to Catholics. Cormac Cardinal Murphy-O'Connor, the leader of the Roman Catholic Church in England, pointed out that Prince William, "can marry by law a Hindu, a Buddhist, anyone, but not a Roman Catholic".[1] Opponents of repeal, such as Enoch Powell and Adrian Hilton, feel that it would lead to the disestablishment of the Church of England as the state religion if a Roman Catholic were to assume the throne. They also point to the fact that the monarch must swear to defend the faith and be a member of the Anglican Communion, 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. The Roman Catholic Church, most often spoken of simply as the Catholic Church, is the largest Christian church, with over one billion members. ... A bigot is a prejudiced person who is intolerant of any opinions differing from his own. ... Look up Anachronism in Wiktionary, the free dictionary. ... Thomas Joseph Winning (June 3, 1925 - June 17, 2001) was the Roman Catholic Archbishop of Glasgow, Scotland (from 1974) and a Cardinal (from 1994). ... This article is about the country. ... Cormac Cardinal Murphy-OConnor (born 24 August 1932 in Reading, Berkshire) is an English prelate, the Archbishop of Westminster and President of the Bishops Conference of England and Wales. ... Prince William redirects here. ... John Enoch Powell, MBE (June 16, 1912 – February 8, 1998) was a British politician, linguist, writer, academic, soldier and poet. ... Adrian Hilton (born in 1964) is an English Conservative politician who gained media attention during the 2005 general election. ... The Church of England is the officially established Christian church[3] in England, the Mother Church of the worldwide Anglican Communion and the oldest among the communions thirty-eight independent national churches. ... Main article: Anglicanism The Anglican Communion is a world-wide affiliation of Anglican Churches. ... “Sovereign” redirects here. ...

Hilton, writing in The Spectator in 2003, defended the Act of Settlement as not "irrational prejudice or blind bigotry" but claims 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 fact that the Pope claims universal jurisdiction and he therefore 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 further asserts that because the Roman Catholic Church does not recognise the Church of England as a proper church, a Roman Catholic monarch who abided by their faith's doctrine would be obliged to view Anglican and Church of Scotland archbishops, bishops and clergy as part of the laity and therefore "lacking the ordained authority to preach and celebrate the sacraments". Hilton also claims a Roman Catholic monarch would therefore be unable to be crowned by the Archbishop of Canterbury. He also points to the examples of European states which have similar religious provisions for their monarchs: Denmark, Norway and Sweden—whose constitutions compel their monarchs to be Lutherans—and the Netherlands' constitution which insists their monarchs be through the Protestant House of Orange, and also the Spanish and Belgian constitutions which include provisions for the succession through Roman Catholic houses.[2] Cover of the Nov 12, 2005 issue of The Spectator magazine. ... The Church of Scotland (CofS; Scottish Gaelic: ), known informally by its pre-Union Scots name, The Kirk, is the national church of Scotland. ... In religious organizations, the laity comprises all lay persons collectively. ... The Archbishop of Canterbury is the spiritual leader and senior clergyman of the Church of England, recognized by convention as the head of the worldwide Anglican Communion. ... -1...

When in December 1978 there was media speculation that Prince Charles might marry a Roman Catholic, Enoch Powell defended the provision that excludes Roman Catholics from ascending the throne. Powell claimed his objection was not rooted in religious bigotry but from political considerations. He claimed a Catholic monarch would involve acceptance of a source of authority external to the realm and "in the literal sense, foreign to the Crown in Parliament ... Between Roman Catholicism and royal supremacy there is, as St Thomas More 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": “Prince Charles” redirects here. ... The Queen-in-Parliament (or King-in-Parliament when there is a male monarch) is a British constitutional law term for the British Crown in its legislative role, acting with the advice and consent of the House of Commons and House of Lords. ... The legal authority of the Sovereign of the United Kingdom. ... For the Elizabethan play, see Sir Thomas More (play). ...

When Thomas Hobbes wrote that "the Papacy is no other than the ghost of the deceased Roman Empire 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 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.^[8] Hobbes redirects here. ... For other uses, see Roman Empire (disambiguation). ... Henry VIII redirects here. ...

In the 2005 British general election campaign Michael Howard promised to work towards having the prohibition removed if the Conservative Party gained a majority of seats in the House of Commons. In any event, the election was won by the Labour Party, led by Tony Blair, who made no moves to change this law, despite his own reception as a Catholic after leaving office. Elections Part of the Politics series Politics Portal This box:      A general election is an election in which all or most members of a given political body are up for election. ... The Rt Hon. ... The Conservative Party, officially though less commonly known as the Conservative and Unionist Party, is a political party in the United Kingdom. ... The Labour Party is a political party in the United Kingdom. ... For other people of the same name, see Tony Blair (disambiguation) Anthony Charles Lynton Blair (born May 6, 1953)[1] is the Prime Minister of the United Kingdom, First Lord of the Treasury, Minister for the Civil Service, Leader of the Labour Party, and Member of Parliament for the constituency...

[edit] Notes

Old Style redirects here. ... The short title is one of the parts, together with the long title, and the operative provisions (sections and Schedules), which comprise an Act of Parliament or Bill in the United Kingdom and certain other Commonwealth Realms. ...

[edit] References

• I. Naamani Tarkow, 'The Significance of the Act of Settlement in the Evolution of English Democracy', Political Science Quarterly, Vol. 58, No. 4. (Dec., 1943), pp. 537-561.

[edit] See also

• List of British monarchs
• Line of succession to the British Throne
• Succession to the British Throne
• Treason Act 1702
• Monarchy in Canada

This is a list of British monarchs, that is, the monarchs on the thrones of some of the various kingdoms that have existed on, or incorporated, the island of Great Britain, namely: England (united with Wales from 1536) up to 1707; Scotland up to 1707; The Kingdom of Great Britain... HRH The Prince of Wales, the Heir Apparent. ... Succession to the British Throne is governed both by common law and statute. ... The Treason Act 1702 (1 Anne stat. ... This article is about the monarchy of Canada, one of sixteen that share a common monarch; for information about this constitutional relationship, see Commonwealth realm; for information on the reigning monarch, see Elizabeth II. For information about other Commonwealth realm monarchies, as well as other relevant articles, see Commonwealth realm...

[edit] External links

• Official text of the statute as amended and in force today within the United Kingdom, from the UK Statute Law Database
• Royal Family web page on succession
• Text of the Act of Settlement as originally passed [Ch VI. Rot. Parl. 13 & 14 Gul. III. n. 6.]', Statutes of the Realm: vol 7: 1695-1701 (1820), pp. 747-50.
• Text of Act of Settlement 1701 - Guardian
• Text of Act of Settlement 1700 - Australian Capital Territory Government. Gives full preamble and long title.
• British Parliament Debates Change To The Act of Settlement of 1701 21 February 2007