Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Act of settlement._--The immediate settlement of the Crown at the
revolution extended only to the descendants of Anne and of William.
The former was at that time pregnant, and became in a few months the
mother of a son. Nothing therefore urged the convention-parliament to
go any farther in limiting the succession. But the king, in order to
secure the elector of Hanover to the grand alliance, was desirous to
settle the reversion of the Crown on his wife the Princess Sophia and
her posterity. A provision to this effect was inserted in the bill of
rights by the House of Lords. But the Commons rejected the amendment
with little opposition; not, as Burnet idly insinuates through the
secret wish of a republican party (which never existed, or had no
influence) to let the monarchy die a natural death, but from a just
sense that the provision was unnecessary and might become
inexpedient.[270] During the life of the young Duke of Gloucester the
course of succession appeared clear. But upon his untimely death in
1700, the manifest improbability that the limitations already
established could subsist beyond the lives of the king and Princess of
Denmark made it highly convenient to preclude intrigue, and cut off
the hopes of the jacobites, by a new settlement of the Crown on a
protestant line of princes. Though the choice was truly free in the
hands of parliament, and no pretext of absolute right could be
advanced on any side, there was no question that the Princess Sophia
was the fittest object of the nation's preference. She was indeed very
far removed from any hereditary title. Besides the pretended Prince of
Wales, and his sister, whose legitimacy no one disputed, there stood
in her way the Duchess of Savoy, daughter of Henrietta Duchess of
Orleans, and several of the Palatine family. These last had abjured
the reformed faith, of which their ancestors had been the strenuous
assertors; but it seemed not improbable that some one might return to
it; and, if all hereditary right of the ancient English royal line,
the descendant of Henry VII., had not been extinguished, it would have
been necessary to secure the succession of any prince, who should
profess the protestant religion at the time when the existing
limitations should come to an end. Nor indeed, on the supposition that
the next heir had a right to enjoy the Crown, would the act of
settlement have been required.[271] According to the tenor and
intention of this statute, all prior claims of inheritance, save that
of the issue of King William and the Princess Anne, being set aside
and annulled, the Princess Sophia became the source of a new royal
line. The throne of England and Ireland, by virtue of the paramount
will of parliament, stands entailed upon the heirs of her body, being
protestants. In them the right is as truly hereditary as it ever was
in the Plantagenets or the Tudors. But they derive it not from those
ancient families. The blood indeed of Cerdic and of the Conqueror
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