Act of Settlement 1701 - Provisions of The Act

Provisions of The Act

The Act of Settlement provided that the throne would pass to the Electress Sophia of Hanover – a granddaughter of James VI of Scotland and I of England, niece of Charles I of Scotland and England – and her Protestant descendants who had not married a Roman Catholic; those who were Roman Catholic, and those who married a Roman Catholic, were barred from ascending the throne "for ever". Eight additional provisions of the act would only come into effect upon the death of both William and Anne:

• The monarch "shall join in communion with the Church of England." This was intended to avoid a Roman Catholic monarch. Along with James II's perceived despotism, his religion was the main cause of the Glorious Revolution of 1688, and the previous linked religious and succession problems which had been resolved by the joint monarchy of William and Mary.
• If a person not native to England comes to the throne, England will not wage war for "any dominions or territories which do not belong to the Crown of England, without the consent of Parliament." This was far-sighted, because when a member of the House of Hanover ascended the British throne, he would retain the territories of the Kingdom of Hanover (in what is now Lower Saxony). This provision has been dormant since Queen Victoria ascended the throne, because she did not inherit Hanover under the Salic Laws of the German states.
• No monarch may leave "the dominions of England, Scotland, or Ireland," without the consent of Parliament. This provision was repealed in 1716, at the request of George I, who was also the Elector of Hanover and Duke of Brunswick-Lüneburg within the Holy Roman Empire; because of this and also for personal reasons he wished to visit Hanover occasionally.
• All government matters within the jurisdiction of the Privy Council were to be transacted there, and all council resolutions were to be signed by those who advised and consented to them. This was because Parliament wanted to know who was deciding policies, as sometimes councillors' signatures normally attached to resolutions were absent. This provision was repealed early in Queen Anne's reign, as many councillors ceased to offer advice and some stopped attending meetings altogether.
• No foreigner, even if naturalised (unless born of English parents) shall be allowed to be a Privy Councillor or a member of either House of Parliament, or hold "any office or place of trust, either civil or military, or to have any grant of lands, tenements or hereditaments from the Crown, to himself or to any other or others in trust for him." Subsequent nationality laws made naturalised citizens the equal of those native born, and this provision no longer applies to naturalised citizens in any Commonwealth Realm.
• No person who has an office under the monarch, or receives a pension from the Crown, can be a Member of Parliament (MP). This provision was inserted to avoid unwelcome royal influence over the House of Commons. It remains in force, but with several exceptions. (As a side effect, this provision means that MPs seeking to resign from parliament can get round the age-old prohibition on resignation by obtaining a sinecure in the control of the Crown; while several offices have historically been used for this purpose, two are currently in use: appointments generally alternate between the stewardships of the Chiltern Hundreds and of the Manor of Northstead.)
• Judges' commissions are valid quamdiu se bene gesserint (during good behaviour) and if they do not behave themselves, they can be removed only by both Houses of Parliament, or the one House of Parliament, depending on the legislature's structure. This provision was the result of various monarchs influencing judges' rulings, and its purpose was to assure judicial independence.
• No pardon by the monarch can save someone from being impeached by the House of Commons.