Act of Settlement 1701

The Act of Settlement 1701 is a foundational constitutional statute of the Parliament of England that determined the future succession to the English and Irish crowns exclusively within the Protestant line. Enacted in response to the political and religious crises of the late seventeenth century, it sought to prevent a return to Roman Catholic monarchy and to stabilise the governance of the realm. Its provisions shaped the nature of the monarchy, influenced the subsequent union of England and Scotland, and later extended to the constitutional frameworks of several Commonwealth realms.

Historical Background
Following the Glorious Revolution of 1688–89, King James II was deemed to have abdicated when he fled to France. The throne passed to his Protestant daughter Mary II and her husband William III, who ruled jointly. The Bill of Rights 1689 established the line of succession through Mary’s descendants, then her sister Anne, and thereafter through any future Protestant heirs of William III.
However, Mary II died childless in 1694, and William III did not remarry. The death in 1700 of Prince William, Duke of Gloucester, the only child of Anne to survive infancy, left the Protestant succession dangerously uncertain. Roman Catholics were excluded from the throne, ruling out the remaining members of the House of Stuart.
To guarantee a stable Protestant succession, Parliament identified Sophia, Electress of Hanover, granddaughter of James VI and I, as the next suitable heir. Although she died shortly before Queen Anne in 1714, the crown passed to her son George I, beginning the Hanoverian dynasty.
In addition to succession concerns, political sentiment in England distrusted foreign influence and the prospect of greater continental entanglements. William III’s perceived reliance on Dutch advisers contributed to a view that strengthened constitutional safeguards were necessary.

Main Provisions of the Act
The Act of Settlement established that:

• Only Protestants could inherit the crowns of England and Ireland.
• Any individual who became or married a Roman Catholic was permanently disqualified from succession.
• The crown would pass to Sophia of Hanover and her Protestant heirs.

Beyond succession, the Act imposed additional constitutional conditions designed to limit royal prerogative, reduce foreign influence, and strengthen parliamentary authority. These provisions were intended to take effect following the deaths of both William III and Anne.

Key Constitutional Restrictions

1. The monarch must be in communion with the Church of England.This ensured a Protestant monarchy and preserved the character of the established Church.
2. England would not enter foreign wars for non-English territories without Parliament’s consent.This clause addressed fears that a monarch ruling other European domains, such as Hanover, might draw England into unnecessary conflict.
3. The monarch could not leave the kingdoms without Parliament’s permission.This requirement was later repealed in 1716 at the request of George I.
4. The business of the Privy Council must be conducted formally, with all decisions signed by those advising the Crown.This aimed to ensure clarity and accountability within executive decision-making, though it was soon repealed due to practical difficulties.
5. Foreign-born individuals could not hold high office, sit in Parliament, or receive Crown grants, unless born to English parents abroad.Later nationality laws modified the definition of foreigner, but the core restriction remains part of the constitutional landscape, subject to exceptions granted by statute.
6. No Crown office-holder or pensioner could sit in the House of Commons.This was intended to reduce direct royal influence in Parliament. Later legislation altered the rule while preserving its essential principle.

Role in the Union of England and Scotland
Although England and Scotland had shared a monarch since the Union of the Crowns in 1603, they remained legally separate states. Scotland initially resisted accepting the Hanoverian succession, having its own loyalty to the House of Stuart. The Act of Settlement intensified political pressure that contributed to the Acts of Union 1707, creating the Kingdom of Great Britain, which adopted the succession rules set out in the Act.

Impact on the Commonwealth Realms
With the development of the British Empire and its evolution into a community of self-governing nations, the Act of Settlement became embedded in the constitutional systems of numerous dominions, later termed Commonwealth realms. Over time, each realm gained legislative independence, and the Act became part of each country’s own legal order:

• Canada (from 1867; confirmed by later legislation such as the Succession to the Throne Act 1937)
• Australia (adopted through the Statute of Westminster Adoption Act 1942)
• New Zealand (adopted as separate law through the Statute of Westminster Adoption Act 1947)
• South Africa (until later constitutional reforms)
• Irish Free State (prior to constitutional divergence)
• Newfoundland (until union with Canada in 1949)

Because the monarchy is shared, succession law may only be altered with the agreement of all realms where the monarch is head of state.

Modern Reforms
In 2015, after coordinated action by the Commonwealth realms, significant amendments to the Act took effect. These changes:

• Introduced absolute primogeniture, allowing the eldest child—regardless of gender—to inherit the throne.
• Removed the disqualification for heirs who marry Roman Catholics, though Catholics themselves remain barred from the throne.

These reforms modernised aspects of the succession while preserving the central religious requirement of the monarchy.

Enduring Constitutional Importance
The Act of Settlement remains one of the primary constitutional statutes governing:

• the succession to the British throne,
• the religious character of the monarchy,
• the limitations on royal power, and
• the constitutional arrangements of the Commonwealth realms.