Act of Settlement: Difference between revisions

Latest revision as of 20:17, 12 July 2010

Act of Parliament that since 1701 has regulated the succession to the throne of Great Britain in the "Protestant line".(Encyclopædia Britannica)

Context: In autumn 1700 William III was ill and had no children who could inherit the throne, his wife, erstwhile joint ruler Mary I had already died. Anne, his sister-in-law, had just lost her last surviving son and the group of supporters for the exiled king James II was growing. In this precarious situation, the Act of Settlement aimed at providing security and stability for the English government.

The law passed over several possible Catholic successors to the throne and specifically stipulated that the crown was to pass to Sophia, granddaughter of James I and electress of Hanover, who was a Protestant: "That the most excellent Princess Sophia, Electress and Duchess Dowager of Hanover, daughter of the most excellent Princess Elizabeth, late Queen of Bohemia, daughter of our late sovereign lord King James the First, of happy memory, be and is hereby declared to be the next in succession, in the Protestant line, to the imperial Crown and dignity of the said Realms of England, France, and Ireland, with the dominions and territories thereunto belonging" ([1]).

Moreover the act decreed that:

1. All future monarchs must be members of the Church of England.

2. If a future monarch is not a native of England, England is "not obliged to engage in any war for the defence of any dominions or territories which do not belong to the Crown of England, without the consent of Parliament" ([2]).

3. Political decisions concerning "all matters and things relating to the well governing of this Kingdom" have to be made in the Privy Council.

4. No foreigner can be a member of the Privy Council ("although he be naturalized or made a denizen, except such as are born of English parents") or of both houses of Parliament.

5. People receiving a salary from the monarch or who serve on the Privy Council cannot be members of Parliament.

6. Judges were to hold office during good behavior and can be removed by an impeachment by both houses of Parliament.

7. Impeachments by the House of Commons cannot be pardoned under the Great Seal of England (i.e., by the sovereign).

Here one can discern the trend to institutionalise government, which - in contrast to the monarch - can be held responsible for its decisions (i.e. the Privy Council), to keep foreign courtiers and foreign interests out of the way (this is not so much directed against Catholic James II, but against Dutch William of Orange) and to install Parliament as the central institution for controlling politics.

Sources:

http://www.bbc.co.uk/dna/h2g2/alabaster/A695441

http://www.jacobite.ca/documents/1701settlement.htm

The new Encyclopædia Britannica,in 32 vol.[1974],Encyclopædia Britannica

Arnold-Baker, Charles:The companion to British history, 1996.

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-== Act of Settlement ==
+Act of Parliament that since 1701 has regulated the succession to the throne of Great Britain in the "Protestant line".(Encyclopædia Britannica)
-Act of Parliament that since 1701 has regulated the succession to the throne of Great Britain.(Encyclopædia Britannica)
+'''Context''': In autumn 1700 [[William III]] was ill and had no children who could inherit the throne, his wife, erstwhile joint ruler [[Mary I]] had already died. [[Anne I|Anne]], his sister-in-law, had just lost her last surviving son and the group of supporters for the exiled king [[James II]] was growing. In this precarious situation, the Act of Settlement aimed at providing security and stability for the English government.
-In fall of 1700 [[William III]]. was ill and had no children who could inherit the throne. [[Anne]], his sister-in-law, had just lost her last surviving son and the group of supporters for the exiled king [[James II]]. was growing. The need for this law was obvious, “to provide for a stable executive branch for the British government.”
-The law enacted, that the crown was to pass to Sophia, granddaughter of [[James I]]. and electress of Hanover, who was a Protestant.
-Besides this succession of the throne of Great Britain, the act also contained some more important legal regulations:
+The law passed over several possible Catholic successors to the throne and specifically stipulated that the crown was to pass to Sophia, granddaughter of [[James I]] and electress of Hanover, who was a Protestant: "That the most excellent Princess Sophia, Electress and Duchess Dowager of Hanover, daughter of the most excellent Princess Elizabeth, late Queen of Bohemia, daughter of our late sovereign lord King James the First, of happy memory, be and is hereby declared to be the next in succession, in the Protestant line, to the imperial Crown and dignity of the said Realms of England, France, and Ireland, with the dominions and territories thereunto belonging" ([http://www.jacobite.ca/documents/1701settlement.htm]).
-.	all future monarchs must join in communion with the church of England
+Moreover the act decreed that:
-.	if a future monarch is not a native of England, England is not obligated to engage an any war for the defense of territories   (e.g., Hanover) not belonging to the crown of England
+.	All future monarchs must be members of the Church of England.
-.	judges were not hold office during good behavior rather than at the sovereign’s pleasure, though they are subject to impeachment by both houses of Parliament
+.	If a future monarch is not a native of England, England is "not obliged to engage in any war for the defence of any dominions or territories which do not belong to the Crown of England, without the consent of Parliament" ([http://www.jacobite.ca/documents/1701settlement.htm]).
-.	impeachments by House of Commons are not subject to pardon under the Great Seal of England (i.e., by the sovereign)
+. Political decisions concerning "all matters and things relating to the well governing of this Kingdom" have to be made in the [[Privy Council]].
-(Encyclopædia Britannica)
-Originally there were four other clauses, which were either repealed or seriously modified.
+. No foreigner can be a member of the [[Privy Council]] ("although he be naturalized or made a denizen, except such as are born of English parents") or of both houses of Parliament.
+. People receiving a salary from the monarch or who serve on the Privy Council cannot be members of Parliament.
+. Judges were to hold office during good behavior and can be removed by an impeachment by both houses of Parliament.
+. Impeachments by the House of Commons cannot be pardoned under the Great Seal of England (i.e., by the sovereign).
+Here one can discern the trend to institutionalise government, which - in contrast to the monarch - can be held responsible for its decisions (i.e. the Privy Council), to keep foreign courtiers and foreign interests out of the way (this is not so much directed against Catholic James II, but against Dutch William of Orange) and to install Parliament as the central institution for controlling politics.
 ----
-'''Literature:'''
+'''Sources:'''
 http://www.bbc.co.uk/dna/h2g2/alabaster/A695441
+http://www.jacobite.ca/documents/1701settlement.htm
 ''The new Encyclopædia Britannica'',in 32 vol.[1974],Encyclopædia Britannica
 Arnold-Baker, Charles:''The companion to British history'', 1996.