Act of Settlement

Act of Settlement

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

In autumn 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. 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, and to install Parliament as the central institution for controlling politics.

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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.