Europe -- Politics and government; Political science
*49. Title to the Throne: the Act of Settlement, 1701.*--Since (p. 049)
the Revolution of 1688 title to the English throne has been based
solely upon the will of the nation as expressed in parliamentary
enactment. The statute under which the succession is regulated is the
Act of Settlement, passed by the Tory parliament of 1701, by which it
was provided that, in default of heirs of William III. and Anne, the
crown and all prerogatives thereto appertaining should "be, remain,
and continue to the most Excellent Princess Sophia, and the heirs of
her body, being Protestants."[60] Sophia, a granddaughter of James I.,
was the widow of the Elector of Hanover, and although in 1701 she was
not first in the natural order of succession she was first among the
surviving heirs who were Protestants. It was by virtue of the act
mentioned that, upon the death of Anne in 1714, the throne devolved
upon the son of the German Electress (George I.). The present
sovereign, George V., is the eighth of the Hanoverian dynasty.
Although it would be entirely within the competence of Parliament to
repeal the Act of Settlement and to vest the crown in a member of some
house other than the Hanoverian, there is, of course, no occasion for
such an act, and the throne may be expected to continue to pass from
one member of the present royal family to another in strict accordance
with the principles of heredity and primogeniture. The rules of
descent are essentially identical with those governing the inheritance
of real property at common law.[61] Regularly, the sovereign's eldest
son, the Prince of Wales,[62] inherits. If he be not alive, the
inheritance passes to his issue, male or female. If there be none, the
succession devolves upon the sovereign's second son, or upon his
issue; and in default thereof, upon the eldest son who survives, or
his issue. If the vacancy be not supplied by or through, a son,
daughters and their issue inherit after a similar order. No Catholic
may inherit, nor anyone marrying a Catholic; and by the Act of 1701 it
was stipulated that every person who should attain the throne "shall join
in communion with the Church of England as by law established." (p. 050)
If after accession the sovereign should avow himself a Catholic, or
should marry a Catholic, his subjects would be absolved from their
allegiance. It is required, furthermore, that the sovereign shall take
at his coronation an oath wherein the tenets of Catholicism are
abjured. Until 1910 the phraseology of this oath, formulated as it was
in a period when ecclesiastical animosities were still fervid,[63] was
such as to be offensive not only to Catholics but to temperate-minded
men of all faiths. By act of parliament passed in anticipation of the
coronation of George V., the language employed in the oath was made
very much less objectionable. The sovereign is required now merely to
declare "that he is a faithful Protestant and that he will, according
Public-domain text, read in full here on John Shaqi.
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