Kara Sears
The succession to the English and Scottish thrones has a long and complex history, with various laws and acts governing the line of succession over the centuries. The current laws in England and Scotland differ in several ways. For instance, in Scotland, spouses and children have Legal Rights, allowing them to make a claim on an estate even if they are not included in the will or feel it does not adequately provide for them. In England, an applicant must apply to the court within six months of the Grant of Probate being issued and fall within a specific category of the applicant to make a claim. The format of wills also differs between the two countries. The history of the English and Scottish thrones has seen various changes to the line of succession, with the Jacobite line of succession in 1714 reflecting the laws in place before the Act of Settlement in 1701, which disqualified Catholics from the throne. The Act of Settlement, which was amended in 2013, also plays a significant role in determining the succession to the British throne, ending male primogeniture and allowing for gender-neutral succession.
| Characteristics | Values |
|---|---|
| Basis | England: The basis for the succession was determined in the constitutional developments of the 17th century, which culminated in the Bill of Rights (1689) and the Act of Settlement (1701). |
| Scotland: The line of succession to the Scottish throne was governed by the Claim of Right Act 1689. | |
| Spouses and children | England: In England, in order to make a claim, an applicant must apply to the court within six months from the Grant of Probate being issued, fall within a category of the applicant, and satisfy the court that the will or intestacy fails to make reasonable financial provision for the applicant. |
| Scotland: Spouses and children have Legal Rights, meaning that they can make a claim on an estate even if they have not been included in the will, or if they feel that a will has not adequately provided for them. | |
| Religion | England: A Roman Catholic is specifically excluded from succession to the throne. |
| Scotland: The Act of Settlement 1701 disqualified Catholics from the throne. | |
| Gender | England: The Succession to the Crown Act (2013) amended the provisions of the Bill of Rights and the Act of Settlement to end the system of male primogeniture. |
| Scotland: The Act of Settlement in 1701 and the system of male primogeniture have been applied since the accession of George I. |
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What You'll Learn
The Act of Settlement 1701
> [...] is are or shall be reconciled to or shall hold Communion with the See or Church of Rome or shall profess the Popish Religion or shall marry a Papist.
The Act of Settlement also contained eight additional provisions that would only come into effect upon the death of both William and Anne. Firstly, the monarch "shall join in communion with the Church of England". The Act also reinforced the Bill of Rights (1689), strengthening the principle that government was undertaken by the Sovereign and his or her constitutional advisers (i.e. his or her Ministers), not by the Sovereign and any personal advisers. It further restricted the powers and prerogatives of the Crown, requiring parliamentary consent for the Sovereign to engage in war or leave the country. It also established judicial independence by providing that judges would hold office on good conduct and not at Royal pleasure.
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The Bill of Rights 1689
The Bill of Rights received royal assent on December 16, 1689, and is considered a fundamental document in the evolution of civil liberties in the United Kingdom. It served as a model for later, more general declarations of rights, including the United States Bill of Rights, the French Declaration of the Rights of Man and of the Citizen, and the United Nations Universal Declaration of Human Rights. The Bill of Rights 1689 continues to be a part of the legal systems of several Commonwealth countries, including Australia, Canada, and the United Kingdom itself, where it is regarded as a fundamental component of the uncodified constitution.
It is important to note that Scotland has its own legislation called the Claim of Right Act 1689, which was passed before the Act of Union between England and Scotland. This legislation is distinct from the Bill of Rights 1689, which applies in England and Wales. While the Bill of Rights has had a significant impact on the development of constitutional law and civil liberties, it is not directly applicable to Scotland or Northern Ireland.
In conclusion, the Bill of Rights 1689 played a crucial role in shaping the constitutional monarchy in England and Wales, establishing civil liberties, and setting the framework for parliamentary democracy. Its influence can be seen in the legislation of various Commonwealth nations, even though it does not directly apply to the entire United Kingdom.
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The Jacobite line of succession
The Jacobite succession refers to the line through which supporters of the monarchy, and James II, believed the crowns of England, Scotland and Ireland should have descended. The House of Stuart, the royal bloodline of Scotland, was displaced from power in 1688. Many attempts were made to reclaim the throne during the 18th and 19th centuries, but the family did not succeed.
The Jacobite succession and the removal of the Stuart monarchy from the throne are the root of the Jacobite uprisings. The Glorious Revolution saw James II, a Roman Catholic, deposed when his Protestant opponents forced him to flee from England in 1688. The English Parliament deemed that James had abdicated, and the crown was offered to his adult Protestant daughter Mary, and her husband William of Orange.
The Jacobite succession was altered by a series of English and Scottish statutes, namely the Claim of Right Act 1689, the Bill of Rights 1689 and the Act of Settlement 1701, but Jacobites did not accept their validity. The Act of Settlement permanently excluded James' descendants from inheriting the throne, and the Protestant House of Hanover became the official line of succession.
The Jacobite claim was passed down through a number of European royal families, and today, the current heir is Franz, Duke of Bavaria. However, a spokesman for the Duke has described his position in the line of succession as "purely hypothetical". The Jacobite succession has not had supporters in any number since the death of Henry Benedict Stuart, James II's last legitimate descendant, in 1807.
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The Sovereign's religion
The religion of the sovereign is an important aspect of the monarchy in the Commonwealth realms, which includes England and Scotland. The current sovereign, King Charles III, has important and distinct constitutional relationships with the Established Churches of England and Scotland, dating back to the 16th and 17th centuries.
In England, the sovereign is the Supreme Governor of the Church of England and holds the title of 'Defender of the Faith'. The monarch appoints bishops and archbishops to the Church of England, and the Church's deacons and parish priests swear an oath of allegiance to the sovereign. The Church of England is led by 108 Bishops and managed by a General Synod, which is elected every five years. The Synod passes ecclesiastical regulations called Canons, which are submitted to the King for promulgation by Royal Licence.
In Scotland, the sovereign plays a different role in relation to the Church of Scotland. The monarch swears an oath to uphold and protect the Church, which is Presbyterian in nature. The sovereign appoints a Lord High Commissioner to represent them at the Church's General Assembly, who attends as an observer and reports back to the monarch on the proceedings.
The sovereign also has a duty to protect the religious diversity of the United Kingdom and the Commonwealth. King Charles III has spent much of his working life supporting and celebrating other faiths, meeting with leaders of different faiths and denominations, and fostering inter-faith dialogue.
In terms of succession, the sovereign must be in communion with the Church of England and must swear to preserve both the Church of England and the Church of Scotland. The sovereign must also promise to uphold the Protestant succession, and a Roman Catholic is specifically excluded from succession to the throne.
In Scotland, there is a difference in the laws of succession relating to spouses and children. They have Legal Rights, meaning they can make a claim on an estate even if they are not included in a will or feel they have not been adequately provided for. This right does not exist in England, where a claimant must apply to the court within six months and satisfy certain criteria to make a claim.
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Spouses and children's legal rights
The English and Scottish monarchy succession laws differ in that Scotland recognises spouses' and children's legal rights, whereas England does not. In Scotland, spouses and children can claim a right to an estate even if they are not included in the will or if the will does not adequately provide for them. They are provided with three rights: a housing right, a cash right, and a right to a fixed share of the moveable estate. The housing right is worth up to a maximum of £473,000. The cash right is worth £50,000 if the deceased had children and £89,000 if they did not. If only a spouse survives the deceased, they are entitled to one half of the assets. If only children survive, they are entitled to one half of the assets, divided equally among them. If both a spouse and children survive, the spouse receives a third of the assets, and the children share another third. If no children, parents, or siblings survive, the surviving spouse will inherit the free estate.
In England, an applicant must apply to the court within six months of the Grant of Probate being issued, fall within a category of applicant (i.e., the deceased's spouse/civil partner, cohabitant, child, etc.), and satisfy the court that the will or intestacy fails to make reasonable financial provision for them.
Both England and Scotland have succession laws that exclude Roman Catholics from ascending the throne. The English Bill of Rights and Act of Settlement, as well as the Scottish Act of Union, outline that the sovereign must be in communion with the Church of England and preserve the Protestant succession. The monarch is also the Supreme Governor of the Church of England. The Succession to the Crown Act (2013) amended the ban on individuals who marry Roman Catholics, though the ban on Catholics themselves was retained.
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Frequently asked questions
The basis for succession to the throne in England was determined in the constitutional developments of the 17th century, which culminated in the Bill of Rights (1689) and the Act of Settlement (1701).
In Scotland, spouses and children have Legal Rights, meaning they can make a claim on an estate even if they are not included in the will. Such rights do not exist in England.
The Sovereign must be in communion with the Church of England and must swear to preserve the established Church of England and the established Church of Scotland. The Sovereign must also promise to uphold the Protestant succession and cannot be a Roman Catholic.
Until recently, succession to the throne in England was governed by the rule of male-preference primogeniture, where males were preferred over females. However, the law has since been changed to be gender-neutral, with the first-born biological heir becoming the successor regardless of gender.
The current monarch of England is King Charles III, who has been the sovereign since 2022. His heir apparent is his elder son, William, Prince of Wales. William's three children follow in the line of succession: Prince George, Princess Charlotte, and Prince Louis.
