Sophia Naturalization Act
Encyclopedia
The Act for the Naturalization of the Most Excellent Princess Sophia, Electress and Duchess Dowager of Hanover, and the Issue of her Body was an Act
of the Parliament of England
(4 & 5 Ann. c. 16.) in 1705. It followed the Act of Settlement 1701
whereby Dowager Electress
Sophia of Hanover
and her Protestant descendants were declared to be in the line of succession to the throne
(her son George I
later became king).
Sophia, a granddaughter of James I of England
, was not considered to be an Englishwoman
as she had not been born in England. This Act naturalized
her and "the issue
of her body" as English subjects. Naturalization was restricted to those of the Protestant
faith. However, any person born to a descendant of Sophia could also claim to be the "issue of her body".
This was first tested soon after World War II
, when Prince Ernest Augustus of Hanover (pretender to the kingdom as Ernest Augustus IV, father of the current pretender, Ernst August V) successfully claimed British nationality on this basis after considerable litigation
. In 1947 Prince Frederick of Prussia also succeeded in his claim.
The Act was repeal
ed by section 34 of, and Part II of Schedule 4 to, the British Nationality Act 1948
. However, any Protestant descendant of the Electress who had already been born when the repealing statute was enacted had already automatically acquired the status of a British subject, and so there are still people alive today who can claim British nationality under the Sophia Naturalization Act. That was the case of Ernest Augustus himself, who was only recognized by the Courts as a British subject in 1957, years after the repeal of the Sophia Naturalization Act; because he was born and was a Protestant when the Act was still in force, the Courts recognized that by that fact he had already acquired citizenship, so that the repeal of the statute did not affect his status.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
(4 & 5 Ann. c. 16.) in 1705. It followed the Act of Settlement 1701
Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
whereby Dowager Electress
Prince-elector
The Prince-electors of the Holy Roman Empire were the members of the electoral college of the Holy Roman Empire, having the function of electing the Roman king or, from the middle of the 16th century onwards, directly the Holy Roman Emperor.The heir-apparent to a prince-elector was known as an...
Sophia of Hanover
Sophia of Hanover
Sophia of the Palatinate was an heiress to the crowns of England and Ireland and later the crown of Great Britain. She was declared heiress presumptive by the Act of Settlement 1701...
and her Protestant descendants were declared to be in the line of succession to the throne
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
(her son George I
George I of Great Britain
George I was King of Great Britain and Ireland from 1 August 1714 until his death, and ruler of the Duchy and Electorate of Brunswick-Lüneburg in the Holy Roman Empire from 1698....
later became king).
Sophia, a granddaughter of James I of England
James I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...
, was not considered to be an Englishwoman
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
as she had not been born in England. This Act naturalized
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
her and "the issue
Offspring
In biology, offspring is the product of reproduction, of a new organism produced by one or more parents.Collective offspring may be known as a brood or progeny in a more general way...
of her body" as English subjects. Naturalization was restricted to those of the Protestant
Protestantism
Protestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...
faith. However, any person born to a descendant of Sophia could also claim to be the "issue of her body".
This was first tested soon after World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, when Prince Ernest Augustus of Hanover (pretender to the kingdom as Ernest Augustus IV, father of the current pretender, Ernst August V) successfully claimed British nationality on this basis after considerable litigation
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
. In 1947 Prince Frederick of Prussia also succeeded in his claim.
The Act was repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
ed by section 34 of, and Part II of Schedule 4 to, the British Nationality Act 1948
British Nationality Act 1948
The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom that created the status of "Citizen of the United Kingdom and Colonies" as the national citizenship of the United Kingdom and its colonies....
. However, any Protestant descendant of the Electress who had already been born when the repealing statute was enacted had already automatically acquired the status of a British subject, and so there are still people alive today who can claim British nationality under the Sophia Naturalization Act. That was the case of Ernest Augustus himself, who was only recognized by the Courts as a British subject in 1957, years after the repeal of the Sophia Naturalization Act; because he was born and was a Protestant when the Act was still in force, the Courts recognized that by that fact he had already acquired citizenship, so that the repeal of the statute did not affect his status.
External links
, Immigration and Nationality DirectorateImmigration and Nationality Directorate
The Immigration and Nationality Directorate was part of the Home Office, a department of the United Kingdom government. The headquarters were in Croydon, South London where it occupied thirteen buildings...