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11 - The Eighteenth-Century Constitution

Settlement and Resettlement

Published online by Cambridge University Press:  12 August 2023

Peter Cane
Affiliation:
Christ's College, Cambridge and Australian National University
H. Kumarasingham
Affiliation:
University of Edinburgh
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Summary

The statute known as the Act of Settlement1 was enacted in 1701. As its name suggests, it amended or ‘settled’ the royal succession – the second such amendment in little over a decade. In 1689 the Bill of Rights2 had not only declared Prince William of Orange and his wife Princess Mary to be King William III and Queen Mary II of England, it had also vested the royal succession firstly in the survivor of them, then in Mary’s descendants, next in her younger sister Princess Anne and her descendants, and finally in the descendants of William. At the time this had seemed adequate, but circumstances had proven otherwise. William and Mary were childless, he remained a widower after her death in 1694, and none of Princess Anne’s children thrived. When the last of these died in July 1700 at the age of eleven, it appeared that the childless William III would be succeeded by the childless Anne. The Act of Settlement therefore determined that following the deaths of William and Anne, respectively, and in the absence of descendants, the Crown would pass to Princess Sophia, a granddaughter of King James I of England through her mother, Princess Elizabeth Stuart.

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Publisher: Cambridge University Press
Print publication year: 2023

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