Succession to the Crown Act 1707
Encyclopedia
The Succession to the Crown Act 1707 (6 Ann. c.7) is an Act of Parliament
of the Parliament of Great Britain
which is still in force in the United Kingdom
, with amendments. The long title
is "An Act for the Security of Her Majesties Person and Government and of the Succession to the Crown of Great Britain in the Protestant Line."
The Act was passed at time when Parliament was anxious to ensure Protestant succession
on the death of Queen Anne
to the House of Hanover
. It replaced the Regency Act 1705.
The Act required privy counsellors
and other officers, in the event of Anne's death, to proclaim
as her successor the next Protestant in the line of succession to the throne, and made it high treason
for any of them to fail to do so.
If the next monarch was overseas at the time of the succession, the government would be run until he or she returned by between seven and fourteen "Lords Justices." Seven of the Lords Justices were named in the Act, and the next monarch could appoint seven more, who would be named in writing, three copies of which were to be sent to the Privy Council in England. The Act made it treason for any unauthorised person to open these, or to neglect to deliver them to the Privy Council. The Lords Justices were to have the power to give royal assent
to bills, except that they would be guilty of treason if they amended the Act of Uniformity 1662
or the Protestant Religion and Presbyterian Church Act 1707
.
The Act also provided that if Parliament was sitting at the time of the monarch's death, then it would be able to sit for a further six months unless dissolved by a new legitimate monarch. If the monarch were to die and Parliament was not at that time sitting, then it would immediately convene. These clauses remain in force today (without the six month time limit on Parliament's continued existence).
Anne died on 1 August 1714 and was succeeded as a result of the Act of Settlement 1701
by the Elector of Hanover
, George Louis, as George I of Great Britain
, who arrived in Great Britain on 18 September 1714.
The Act also made it treason maliciously, advisedly and directly by writing or printing to maintain and affirm that any person has a right to the Crown otherwise than according to the Act of Settlement
and Acts of Union
, or that the Crown and Parliament cannot pass statutes for the limitation of the succession to the Crown. It was praemunire
to say so in speech. These provisions was repealed in 1967 (however see the Treason Act 1702
which makes similar provision).
This Act is not to be confused with 6 Ann. c.14, which is entitled "An act for the better security of Her Majesty's person and government" but which is not about treason.
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 Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
which is still in force in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, with amendments. The long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
is "An Act for the Security of Her Majesties Person and Government and of the Succession to the Crown of Great Britain in the Protestant Line."
The Act was passed at time when Parliament was anxious to ensure Protestant succession
Succession to the British Throne
Succession to the British throne is governed both by common law and statute. Under common law the crown is currently passed on by male-preference primogeniture. In other words, succession passes first to an individual's sons, in order of birth, and subsequently to daughters, again in order of birth....
on the death of Queen Anne
Anne of Great Britain
Anne ascended the thrones of England, Scotland and Ireland on 8 March 1702. On 1 May 1707, under the Act of Union, two of her realms, England and Scotland, were united as a single sovereign state, the Kingdom of Great Britain.Anne's Catholic father, James II and VII, was deposed during the...
to the House of Hanover
House of Hanover
The House of Hanover is a deposed German royal dynasty which has ruled the Duchy of Brunswick-Lüneburg , the Kingdom of Hanover, the Kingdom of Great Britain, the Kingdom of Ireland and the United Kingdom of Great Britain and Ireland...
. It replaced the Regency Act 1705.
The Act required privy counsellors
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
and other officers, in the event of Anne's death, to proclaim
Accession Council
In the United Kingdom, the Accession Council is a ceremonial body which assembles in St. James's Palace upon the death of a monarch , to make a formal proclamation of the accession of his or her successor to the throne, and to receive a religious oath from the new monarch...
as her successor the next Protestant in the line of succession to the throne, and made it high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
for any of them to fail to do so.
If the next monarch was overseas at the time of the succession, the government would be run until he or she returned by between seven and fourteen "Lords Justices." Seven of the Lords Justices were named in the Act, and the next monarch could appoint seven more, who would be named in writing, three copies of which were to be sent to the Privy Council in England. The Act made it treason for any unauthorised person to open these, or to neglect to deliver them to the Privy Council. The Lords Justices were to have the power to give royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
to bills, except that they would be guilty of treason if they amended the Act of Uniformity 1662
Act of Uniformity 1662
The Act of Uniformity was an Act of the Parliament of England, 13&14 Ch.2 c. 4 ,The '16 Charles II c. 2' nomenclature is reference to the statute book of the numbered year of the reign of the named King in the stated chapter...
or the Protestant Religion and Presbyterian Church Act 1707
Protestant Religion and Presbyterian Church Act 1707
The Protestant Religion and Presbyterian Church Act 1707 is an Act of the pre-Union Parliament of Scotland which was passed to ensure that the status of the Church of Scotland would not be affected by the Union with England...
.
The Act also provided that if Parliament was sitting at the time of the monarch's death, then it would be able to sit for a further six months unless dissolved by a new legitimate monarch. If the monarch were to die and Parliament was not at that time sitting, then it would immediately convene. These clauses remain in force today (without the six month time limit on Parliament's continued existence).
Anne died on 1 August 1714 and was succeeded as a result of 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...
by the Elector of Hanover
Hanover (state)
Hanover is a territory that was at various times a principality within the Holy Roman Empire, an Electorate within the same, an independent Kingdom, and a subordinate Province within the Kingdom of Prussia. The territory was named after its capital, the city of Hanover, which was the principal...
, George Louis, as George I of Great Britain
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....
, who arrived in Great Britain on 18 September 1714.
The Act also made it treason maliciously, advisedly and directly by writing or printing to maintain and affirm that any person has a right to the Crown otherwise than according to the Act of Settlement
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...
and Acts of Union
Acts of Union 1707
The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland - which put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706,...
, or that the Crown and Parliament cannot pass statutes for the limitation of the succession to the Crown. It was praemunire
Praemunire
In English history, Praemunire or Praemunire facias was a law that prohibited the assertion or maintenance of papal jurisdiction, imperial or foreign, or some other alien jurisdiction or claim of supremacy in England, against the supremacy of the Monarch...
to say so in speech. These provisions was repealed in 1967 (however see the Treason Act 1702
Treason Act 1702
The Treason Act 1702 is an Act of the Parliament of England, passed to enforce the line of succession to the English throne, previously established by the Bill of Rights 1689 and the Act of Settlement 1701....
which makes similar provision).
This Act is not to be confused with 6 Ann. c.14, which is entitled "An act for the better security of Her Majesty's person and government" but which is not about treason.
See also
- Meeting of Parliament Act 1797Meeting of Parliament Act 1797The Meeting of Parliament Act 1797 was an Act of Parliament of the Parliament of Great Britain passed in 1797.Section 1 established that 14 days were to elapse from the proclamation of a new Parliament to the meeting of Parliament....
- Prorogation Act 1867Prorogation Act 1867The Prorogation Act 1867 is an Act of the Parliament of the United Kingdom which is still in force in the United Kingdom with amendments....
- High treason in the United KingdomHigh treason in the United KingdomUnder the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; having sexual intercourse with the sovereign's consort, with his eldest unmarried daughter, or with the wife of the heir to the...
- Treason ActTreason ActTreason Act or Treasons Act is a stock short title used for legislation in the United Kingdom and in the Republic of Ireland on the subject of treason and related offences...