The Act of Settlement 1701 regulated the succession to the throne of Great Britain, ensuring a Protestant reign. It decreed that the crown would pass to Sophia of Hanover and her Protestant heirs, and barred Catholics from becoming successors. It also covered other provisions, such as the requirement for future successors to be members of the Church of England.
On June 12, 1701, the English Parliament began regulating the succession to the throne of Great Britain. This was often called the Act of Settlement or the Act of Settlement 1701. It was also extended to Scotland through the Treaty of Union.
The origins of the Settlement Act are very interesting. Before its creation, the throne of England was governed by the Bill of Rights of 1689. According to the Bill of Rights, James II – who was a Roman Catholic – was considered abdicating the throne when he retired to France during the Glorious Revolution. James II had many supporters, even though he was in exile. Hence, Parliament decided that it was important to directly set the rules as to who could rule from the throne of England.
Following the escape of James II, his daughter, Mary II and her husband William III reigned over England. The Bill of Rights clearly stated that the throne would succeed to William and Mary’s children, then to Maria Anna’s sister and her descendants, and then to all of William III’s children, if he remarried and had children. As it turned out, Maria II died childless, and William III did not remarry. Then, Anne’s only son died and it was determined that she probably would not have any more children.
As a result, a new law was needed to ensure that the throne would continue to be Protestant-reigning after Anna. Therefore, the Act of Settlement was passed by royal assent in 1701. It was decreed that the crown would pass to Sophia of Hanover, the granddaughter of James I. She also declared that it would continue to her heirs, if they were Protestants. The main concern was that James II, his son James Francis Edward or his daughter Louisa Maria Theresa Stuart, or a Catholic, would try to take the throne.
The Settlement Act not only regulated succession to the throne, but also covered other key provisions. It directly stated that all future successors must be members of the Church of England: a Roman Catholic was blatantly barred from becoming a successor. Furthermore, he decreed that if a successor is not a native of England, England must not defend any territory that is not under English rule, such as Hanover. He also said that judges can be impeached by both Houses of Parliament. Finally, he decreed that any impeachment could not be pardoned by the reigning monarch.
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