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163-555: Following the Act of Settlement of 1701, the throne was intended to pass to the House of Hanover following the death of Queen Anne . However during the Tory government of Robert Harley after 1710, serious consideration was given by senior cabinet ministers led by Henry St. John to secure the throne for James instead. In preparation, army officers suspected of being pro-Hanover were purged from

326-593: A Roman Catholic , generated antipathy and mistrust from Reformed religious groups such as the English Puritans and Scottish Covenanters , who thought his views too Catholic. He supported high church Anglican ecclesiastics and failed to aid continental Protestant forces successfully during the Thirty Years' War . His attempts to force the Church of Scotland to adopt high Anglican practices led to

489-506: A denizen (unless born of English parents), can be a Privy Councillor or a member of either House of Parliament, or hold "any Office or Place of Trust, either Civill [ sic ] or Military, or to [ sic ] 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 (today primarily

652-584: A Canadian civic politician, took issue with the provisions that exclude Roman Catholics from the throne, and which make the monarch of Canada the Supreme Governor of the Church of England , requiring him or her to be an Anglican . This, he claimed, discriminated against non-Anglicans, including Catholics, who are the largest faith group in Canada. In 2002, O'Donohue launched a court action that argued

815-642: A Parliament, are known as the Personal Rule or the "eleven years' tyranny". Ruling without Parliament was not exceptional, and was supported by precedent. But only Parliament could legally raise taxes, and without it Charles's capacity to acquire funds for his treasury was limited to his customary rights and prerogatives. A large fiscal deficit had arisen during the reigns of Elizabeth I and James I. Notwithstanding Buckingham's short-lived campaigns against both Spain and France, Charles had little financial capacity to wage wars overseas. Throughout his reign, he

978-681: A Roman Catholic Canadian. (In fact, Lord St Andrews had already lost his place in the line of succession when he married the Roman Catholic Canadian Sylvana Palma Tomaselli in 1988. But St Andrews' place in the line of succession was significantly lower than Phillips'.) Criticism of the Act of Settlement due to the Phillips–Kelly marriage was muted when Autumn Kelly converted to Anglicanism shortly before her marriage, thus preserving her husband's place in

1141-531: A Roman Catholic and a Canadian, discussion about the Act of Settlement was revived. Norman Spector called in The Globe and Mail for Prime Minister Stephen Harper to address the issue of the Act's bar on Catholics, saying Phillips' marriage to Kelly would be the first time the provisions of the Act would bear directly on Canada—Phillips would be barred from acceding to the Canadian throne because he married

1304-555: A Roman Catholic crown would be the destruction of the Church of England because "it would contradict the essential character of that church." He continued: When Thomas Hobbes wrote that "the Papacy is no other than the ghost of the deceased Roman Empire sitting crowned upon the grave thereof", he was promulgating an enormously important truth. Authority in the Roman Church is the exertion of that imperium from which England in

1467-590: A Roman Catholic monarch would be unable to be crowned by the Archbishop of Canterbury and notes that other European states have similar religious provisions for their monarchs: Denmark, Norway, and Sweden, whose constitutions compel their monarchs to be Lutherans ; the Netherlands, which has a constitution requiring its monarchs be members of the Protestant House of Orange ; and Belgium, which has

1630-567: A bride and to a rapturous and relieved public welcome, he and Buckingham pushed the reluctant James to declare war on Spain. With the encouragement of his Protestant advisers, James summoned the English Parliament in 1624 to request subsidies for a war. Charles and Buckingham supported the impeachment of the Lord Treasurer , Lionel Cranfield, 1st Earl of Middlesex , who opposed war on grounds of cost and quickly fell in much

1793-736: A clandestine attempt to aid Catholicism's resurgence. Rather than direct involvement in the European land war, the English Parliament preferred a relatively inexpensive naval attack on Spanish colonies in the New World , hoping for the capture of the Spanish treasure fleets . Parliament voted to grant a subsidy of £140,000, an insufficient sum for Charles's war plans. Moreover, the House of Commons limited its authorisation for royal collection of tonnage and poundage (two varieties of customs duties) to

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1956-526: A compromise whereby the king would agree to forfeit ship money in exchange for £650,000 (although the cost of the coming war was estimated at £1 million). Nevertheless, this alone was insufficient to produce consensus in the Commons. The Parliamentarians' calls for further reforms were ignored by Charles, who still retained the support of the House of Lords. Despite the protests of the Earl of Northumberland,

2119-589: A constitution that provides for the succession to be through Roman Catholic houses. In December 2004, a private member's bill—the Succession to the Crown Bill —was introduced in the House of Lords. The government, headed by Tony Blair , blocked all attempts to revise the succession laws, claiming it would raise too many constitutional issues and it was unnecessary at the time. In the British general election

2282-665: A controversial anti-Calvinist ecclesiastic, Richard Montagu , who was in disrepute among the Puritans . In his pamphlet A New Gag for an Old Goose (1624), a reply to the Catholic pamphlet A New Gag for the New Gospel , Montagu argued against Calvinist predestination , the doctrine that God preordained salvation and damnation . Anti-Calvinists—known as Arminians —believed that people could accept or reject salvation by exercising free will . Arminian divines had been one of

2445-717: A critic of the king, Strafford defected to royal service in 1628, in part due to the Duke of Buckingham's persuasion, and had since emerged, alongside Laud, as the most influential of Charles's ministers. Bolstered by the failure of the English Short Parliament, the Scottish Parliament declared itself capable of governing without the king's consent, and in August 1640 the Covenanter army moved into

2608-584: A defence against innovation and disorder. Parliament quickly seized London, and Charles fled the capital for Hampton Court Palace on 10 January, moving two days later to Windsor Castle . After sending his wife and eldest daughter to safety abroad in February, he travelled northwards, hoping to seize the military arsenal at Hull . To his dismay, he was rebuffed by the town's Parliamentary governor , Sir John Hotham , who refused him entry in April, and Charles

2771-500: A few months after the Act received royal assent, and his Roman Catholic children, Prince James ( The Old Pretender ) and the Princess Royal , the Act also excluded the descendants of Princess Henrietta , the youngest sister of James II. Henrietta's daughter was Anne , Queen of Sardinia, a Roman Catholic, from whom descend all Jacobite pretenders after 1807. With the legitimate descendants of Charles I either childless (in

2934-536: A granddaughter of James VI and I and a niece of King Charles I  – and her descendants, but it excluded "for ever" "all and every Person and Persons who ... 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". Thus, those who were Roman Catholics, and those who married Roman Catholics, were barred from ascending

3097-516: A man who had great influence over the prince, travelled incognito to Spain in February 1623 to try to reach agreement on the long-pending Spanish match. The trip was an embarrassing failure. The infanta thought Charles little more than an infidel, and the Spanish at first demanded that he convert to Catholicism as a condition of the match. They insisted on toleration of Catholics in England and

3260-575: A monarch since 1603, they had remained separately governed countries, with the Act catalysing the Union of England and Scotland . However, the Parliament of Scotland was more reluctant to abandon the House of Stuart, members of which had been Scottish monarchs long before they became English. Moreover, the Act also placed limits on both the role of foreigners in the British government and the power of

3423-614: A motion in 1999 calling for the complete removal of any discrimination linked to the monarchy and the repeal of the Act of Settlement. The following year, The Guardian challenged the succession law in court, claiming that it violated the European Convention on Human Rights , which provides, The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with

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3586-520: A national minority, property, birth, or other status. As the Convention nowhere lists the right to succeed to the Crown as a human right, the challenge was rejected. Adrian Hilton , writing in The Spectator in 2003, defended the Act of Settlement as not "irrational prejudice or blind bigotry", but claimed that it was passed because "the nation had learnt that when a Roman Catholic monarch

3749-563: A new departure for Irish politics whereby all sides joined to present evidence against him. In a similar manner to the English Parliament, the Old English members of the Irish Parliament argued that while opposed to Strafford they remained loyal to Charles. They argued that the king had been led astray by malign counsellors, and that, moreover, a viceroy such as Strafford could emerge as a despotic figure instead of ensuring that

3912-414: A pension from the Crown, was to be a Member of Parliament. This provision was inserted to avoid unwelcome royal influence over the House of Commons. It remains in force, but with several exceptions; ministers of the Crown were exempted early on before Anne's death in order to continue some degree of royal patronage, but had to stand for a by-election to re-enter the House upon such appointment until 1926. As

4075-436: A platform for popular protest, and the judges found against Hampden only by the narrow margin of 7–5. Charles also derived money by granting monopolies, despite a statute forbidding such action , which, though inefficient, raised an estimated £100,000 a year in the late 1630s. One such monopoly was for soap, pejoratively referred to as " popish soap " because some of its backers were Catholics. Charles also raised funds from

4238-658: A secret marriage treaty with his brother-in-law Louis XIII of France . Moreover, the treaty loaned to the French seven English naval ships that were used to suppress the Protestant Huguenots at La Rochelle in September 1625. Charles was crowned on 2 February 1626 at Westminster Abbey , but without his wife at his side, because she refused to participate in a Protestant religious ceremony. Distrust of Charles's religious policies increased with his support of

4401-750: A side effect, this provision means that members of the Commons seeking to resign from parliament can get around the 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 . Seventh, 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 in other Commonwealth realms

4564-637: A solid bloc in Parliament to vote through the Succession. It has been suggested that many Tory figures wavered between the two factions at the Succession. Despite George I's distrust of the Tories, the first government of the new reign included Pro-Hanoverians such as Lord Nottingham . This continued after the failed 1715 Jacobite Uprising , although the Duke of Argyll a Whig with strong connections with

4727-573: A venture. Both the English and Irish parliaments were summoned in the early months of 1640. In March 1640, the Irish Parliament duly voted in a subsidy of £180,000 with the promise to raise an army 9,000 strong by the end of May. But in the English general election in March, court candidates fared badly, and Charles's dealings with the English Parliament in April quickly reached stalemate. The earls of Northumberland and Strafford attempted to broker

4890-516: A year, although previous sovereigns since Henry VI had been granted the right for life. In this manner, Parliament could delay approval of the rates until after a full-scale review of customs revenue. The bill made no progress in the House of Lords past its first reading . Although no act of Parliament for the levy of tonnage and poundage was obtained, Charles continued to collect the duties. A poorly conceived and executed naval expedition against Spain under Buckingham's leadership went badly, and

5053-537: Is a complex process, since the act governs the shared succession of all the Commonwealth realms . The Statute of Westminster 1931 acknowledges by established convention that any changes to the rules of succession may be made only with the agreement of all of the states involved, with concurrent amendments to be made by each state's parliament or parliaments. Further, as the current monarch's eldest child and, in turn, his eldest child, are Anglican males, any change to

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5216-617: Is now Lower Saxony (Germany), then part of the Holy Roman Empire . This provision has been dormant since Queen Victoria ascended the throne, because she did not inherit Hanover under the Salic Laws of the German-speaking states. Third, 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

5379-450: Is upon the throne, religious and civil liberty is lost." He points to the Pope's claiming universal jurisdiction, and Hilton argues that "it would be intolerable to have, as the sovereign of a Protestant and free country, one who owes any allegiance to the head of any other state" and contends that, if such situation came about, "we will have undone centuries of common law." He said that because

5542-461: The Act of Union 1707 . This success was in marked contrast to the four attempts at political union between 1606 and 1689, which all failed owing to a lack of political will in both kingdoms. By virtue of Article II of the Treaty of Union , which defined the succession to the throne of Great Britain, the Act of Settlement became part of Scots law as well. In addition to excluding James II , who died

5705-640: The Bishops' Wars , strengthened the position of the English and Scottish parliaments, and helped precipitate his own downfall. From 1642, Charles fought the armies of the English and Scottish parliaments in the English Civil War . After his defeat in 1645 at the hands of the Parliamentarian New Model Army , he fled north from his base at Oxford. Charles surrendered to a Scottish force and after lengthy negotiations between

5868-562: The British Nationality Act 1981 ) made naturalised citizens the equal of those native born, and excluded Commonwealth citizens from the definition of foreigners, and citizens of the Irish Republic from the definition of aliens, but otherwise this provision still applies. It has however been disapplied in particular cases by a number of other statutes. Sixth, no person who has an office under the monarch, or receives

6031-468: The Earl of Scarsdale and three others. While many shared their opposition to a "foreign" king, the general feeling was summed up as "better a German prince than a French one". Monarch : Charles III For different reasons, various constitutionalists have praised the Act of Settlement: Henry Hallam called the Act "the seal of our constitutional laws" and David Lindsay Keir placed its importance above

6194-637: The Electoral Palatinate were invaded by a Habsburg force from the Spanish Netherlands . James, however, had been seeking marriage between Prince Charles and Ferdinand's niece, Infanta Maria Anna of Spain , and began to see the Spanish match as a possible diplomatic means of achieving peace in Europe. Unfortunately for James, negotiation with Spain proved unpopular with both the public and James's court. The English Parliament

6357-478: The English Parliament , which sought to curb his royal prerogative . He believed in the divine right of kings , and was determined to govern according to his own conscience. Many of his subjects opposed his policies, in particular the levying of taxes without Parliamentary consent, and perceived his actions as those of a tyrannical absolute monarch . His religious policies, coupled with his marriage to

6520-687: The First Bishops' War in 1639. He did not seek subsidies from the English Parliament to wage war, instead raising an army without parliamentary aid and marching to Berwick-upon-Tweed , on the Scottish border. The army did not engage the Covenanters , as the king feared the defeat of his forces, whom he believed to be significantly outnumbered by the Scots. In the Treaty of Berwick , Charles regained custody of his Scottish fortresses and secured

6683-540: The Grand Remonstrance , a long list of grievances against actions by Charles's ministers committed since the beginning of his reign (that were asserted to be part of a grand Catholic conspiracy of which the king was an unwitting member), but it was in many ways a step too far by Pym and passed by only 11 votes, 159 to 148. Furthermore, the Remonstrance had very little support in the House of Lords, which

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6846-672: The Habsburg Archduke Ferdinand of Austria , a Catholic , was elected king of Bohemia . The next year, the Bohemians rebelled , defenestrating the Catholic governors . In August 1619, the Bohemian diet chose Frederick, who led the Protestant Union , as their monarch, while Ferdinand was elected Holy Roman Emperor in the imperial election . Frederick's acceptance of the Bohemian crown in defiance of

7009-647: The Kirk . Although it had been written, under Charles's direction, by Scottish bishops, many Scots resisted it, seeing it as a vehicle to introduce Anglicanism to Scotland. On 23 July, riots erupted in Edinburgh upon the first Sunday of the prayer book's usage, and unrest spread throughout the Kirk. The public began to mobilise around a reaffirmation of the National Covenant , whose signatories pledged to uphold

7172-575: The Short Parliament (as it came to be known) was dissolved in May 1640, less than a month after it assembled. By this stage the Earl of Strafford, Lord Deputy of Ireland since 1632, had emerged as Charles's right-hand man and, together with Archbishop Laud, pursued a policy that he termed " Thorough ", which aimed to make central royal authority more efficient and effective at the expense of local or anti-government interests. Although originally

7335-510: The Tower of London . He was eventually acquitted in 1717. Act of Settlement The Act of Settlement ( 12 & 13 Will. 3 . c. 2) is an act of the Parliament of England that settled the succession to the English and Irish crowns to only Protestants , which passed in 1701. More specifically, anyone who became a Roman Catholic, or who married one, became disqualified to inherit

7498-496: The Treaty of Utrecht . As Hanover was a key ally of Britain in this conflict, and resented what was regarded as this abandonment, it naturally led George to prefer the Whigs. In spite of having about forty members in the House of Commons in early 1714, these were very unpredictable and could not be completely relied on by the Whigs in their challenge to the Harley government. As Anne grew increasingly weak in 1714, both Jacobites and pro-Hanoverians prepared to take measures to seize

7661-486: The mint in the Tower of London , promising its later return at 8% interest to its owners. In August, after the East India Company refused to grant a loan, Lord Cottington seized the company's stock of pepper and spices and sold it for £60,000 (far below its market value), promising to refund the money with interest later. Throughout Charles's reign, the English Reformation was in the forefront of political debate. Arminian theology emphasised clerical authority and

7824-410: The plantation of Ulster , coupled with resentment at moves to ensure the Irish Parliament was subordinate to the Parliament of England, sowed the seeds of rebellion. When armed conflict arose between the Gaelic Irish and New English in late October 1641, the Old English sided with the Gaelic Irish while simultaneously professing their loyalty to the king. In November 1641, the House of Commons passed

7987-582: The "Distraint of Knighthood", in abeyance for over a century, which required any man who earned £40 or more from land each year to present himself at the king's coronation to be knighted. Relying on this old statute, Charles fined those who had failed to attend his coronation in 1626. The chief tax Charles imposed was a feudal levy known as ship money , which proved even more unpopular, and lucrative, than tonnage and poundage before it. Previously, collection of ship money had been authorised only during wars, and only on coastal regions. But Charles argued that there

8150-458: The "wicked counsels" of Charles's "arbitrary and tyrannical government". While those who signed the petition undertook to defend the king's "person, honour and estate", they also swore to preserve "the true reformed religion", Parliament, and the "rights and liberties of the subjects". Fearing for his family's safety in the face of unrest, Charles reluctantly assented to Strafford's attainder on 9 May after consulting his judges and bishops. Strafford

8313-406: The 16th century finally and decisively declared its national independence as the alter imperium , the "other empire", of which Henry VIII declared "This realm of England is an empire" ... It would signal the beginning of the end of the British monarchy. It would portend the eventual surrender of everything that has made us, and keeps us still, a nation. The Scottish Parliament unanimously passed

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8476-401: The Act of Settlement violated the Canadian Charter of Rights and Freedoms , but, the case was dismissed by the court. It found that, as the Act of Settlement is part of the Canadian constitution, the Charter of Rights and Freedoms, as another part of the same constitution, does not have supremacy over it. Also, the court noted that, while Canada has the power to amend the line of succession to

8639-407: The Act of Settlement was received into the laws of all the countries and territories over which the British monarch reigned. It remains part of the laws of the 15 Commonwealth realms and the relevant jurisdictions within those realms. In accordance with established convention, the Statute of Westminster 1931 and later laws, the Act of Settlement (along with the other laws governing the succession of

8802-512: The Act of Settlement, and, in response, passed the Act of Security in 1704, through which Scotland reserved the right to choose its own successor to Queen Anne . Stemming from this, the Parliament of England decided that, to ensure the stability and future prosperity of Great Britain, full union of the two parliaments and nations was essential before Anne's death. It used a combination of exclusionary legislation (the Alien Act 1705 ), politics, and bribery to achieve this within three years under

8965-451: The Bill of Rights of 1689. Naamani Tarkow wrote: "If one is to make sweeping statements, one may say that, save Magna Carta (more truly, its implications), the Act of Settlement is probably the most significant statute in English history". The Act of Settlement was, in many ways, the major cause of the union of Scotland with England and Wales to form the Kingdom of Great Britain . The Parliament of Scotland had not been consulted about

9128-420: The British throne". Ashdown claimed the Prince said: "I really can't think why we can't have Catholics on the throne". In 1998, during debate on a Succession to the Crown Bill , Junior Home Office Minister Lord Williams of Mostyn informed the House of Lords that the Queen had "no objection to the Government's view that in determining the line of succession to the throne, daughters and sons should be treated in

9291-467: The Canadian throne, the Statute of Westminster stipulates that the agreement of the governments of the fifteen other Commonwealth realms that share the Crown would first have to be sought if Canada wished to continue its relationship with these countries. An appeal of the decision was dismissed on 16 March 2005. Some commentators state that, as a result of this, any single provincial legislature could hinder any attempts to change this Act, and by extension, to

9454-436: The Commons in Parliament". This meant in effect that no pardon by the monarch was to save someone from being impeached by the House of Commons. The Tory administration that replaced the Whig Junto in 1699 took responsibility for steering the Act through Parliament. As a result, it passed with little opposition, although five peers voted against it in the House of Lords, including the Earl of Huntingdon , his brother-in-law

9617-518: The Commons launched a direct protestation attacking Buckingham, stating, "We protest before your Majesty and the whole world that until this great person be removed from intermeddling with the great affairs of state, we are out of hope of any good success; and do fear that any money we shall or can give will, through his misemployment, be turned rather to the hurt and prejudice of this your kingdom than otherwise, as by lamentable experience we have found those large supplies formerly and lately given." Despite

9780-563: The Commons passed the bill as an ordinance, which they claimed did not require royal assent. The Militia Ordinance appears to have prompted more members of the Lords to support the king. In an attempt to strengthen his position, Charles generated great antipathy in London, which was already fast falling into lawlessness, when he placed the Tower of London under the command of Colonel Thomas Lunsford , an infamous, albeit efficient, career officer. When rumours reached Charles that Parliament intended to impeach his wife for supposedly conspiring with

9943-399: The Commons' walls, demanding war with Spain and a Protestant princess of Wales . Like his father, Charles considered discussion of his marriage in the Commons impertinent and an infringement of his father's royal prerogative . In January 1622, James dissolved Parliament, angry at what he perceived as the members' impudence and intransigence. Charles and Buckingham, James's favourite and

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10106-399: The Commonwealth realms) may only be changed with the agreement of all the realms (and, in some federal realms, the constituent members of those federations). The Succession to the Crown Act 2013 changed many provisions of this Act. Challenges have been made against the Act of Settlement, especially its provisions regarding Roman Catholics and preference for males . However, changing the act

10269-458: The Electress Sophia who had been ineligible to succeed on this ground is George Windsor, Earl of St Andrews , the elder son of Prince Edward, Duke of Kent , who married the Roman Catholic Sylvana Palma Tomaselli in 1988. His son, Lord Downpatrick , converted to Roman Catholicism in 2003 and is the most senior descendant of Sophia to be barred as a result of his religion. In 2008 his daughter, Lady Marina Windsor , also converted to Catholicism and

10432-478: The English and Scottish parliaments he was handed over to the Long Parliament in London. Charles refused to accept his captors' demands for a constitutional monarchy , and temporarily escaped captivity in November 1647. Re-imprisoned on the Isle of Wight , he forged an alliance with Scotland, but by the end of 1648, the New Model Army had consolidated its control over England. Charles was tried, convicted , and executed for high treason in January 1649. The monarchy

10595-505: The English county of Northumberland . Following the illness of Lord Northumberland, who was the king's commander-in-chief, Charles and Strafford went north to command the English forces, despite Strafford being ill himself with a combination of gout and dysentery. The Scottish soldiery, many of whom were veterans of the Thirty Years' War, had far greater morale and training than their English counterparts. They met virtually no resistance until reaching Newcastle upon Tyne , where they defeated

10758-506: The English forces at the Battle of Newburn and occupied the city, as well as the neighbouring county of Durham . As demands for a parliament grew, Charles took the unusual step of summoning a great council of peers . By the time it met, on 24 September at York , Charles had resolved to follow the almost universal advice to call a parliament. After informing the peers that a parliament would convene in November, he asked them to consider how he could acquire funds to maintain his army against

10921-595: The English throne was governed by the Bill of Rights 1689 , which declared that the flight of James II from England to France during the revolution amounted to an abdication of the throne and that James's daughter Mary II and her husband/cousin, William III (William of Orange, who was also James's nephew), were James's successors. The Bill of Rights also provided that the line of succession would go through Mary's Protestant descendants by William and any possible future husband should she outlive him, then through Mary's sister Anne and her Protestant descendants, and then to

11084-425: The French with English ships as a condition of marrying Henrietta Maria, in 1627 he launched an attack on the French coast to defend the Huguenots at La Rochelle. The action, led by Buckingham, was ultimately unsuccessful. Buckingham's failure to protect the Huguenots—and his retreat from Saint-Martin-de-Ré —spurred Louis XIII's siege of La Rochelle and furthered the English Parliament's and people's detestation of

11247-429: The Garter . Eventually, Charles apparently conquered his physical infirmity, which might have been caused by rickets . He became an adept horseman and marksman, and took up fencing. Even so, his public profile remained low in contrast to that of his physically stronger and taller elder brother, Henry Frederick, Prince of Wales , whom Charles adored and attempted to emulate. But in early November 1612, Henry died at

11410-504: The Hanoverian Tories was replaced as army commander in Scotland because it was considered he had been insuffienctly committed to defeating the Jacobites despite his victory at Sheriffmuir . However, gradually the government began to be completely dominated by staunch Whigs, leading to the Whig Oligarchy . Tories were in opposition for several decades, and the name was often used as a synonym for Jacobite by their rivals. Nonetheless in 1727, when George I died, Hanoverian Tories again supported

11573-487: The House is pleased to direct me, whose servant I am here." Charles abjectly declared "all my birds have flown", and was forced to retire empty-handed. The botched arrest attempt was politically disastrous for Charles. No English sovereign had ever entered the House of Commons, and his unprecedented invasion of the chamber to arrest its members was considered a grave breach of parliamentary privilege . In one stroke Charles destroyed his supporters' efforts to portray him as

11736-446: The House of Commons began proceedings for the impeachment of the duke. In May 1626, Charles nominated Buckingham as Chancellor of Cambridge University in a show of support, and had two members who had spoken against Buckingham— Dudley Digges and Sir John Eliot —arrested at the door of the House. The Commons was outraged by the imprisonment of two of their members, and after about a week in custody, both were released. On 12 June 1626,

11899-742: The Incident , Charles's credibility was significantly undermined. Ireland's population was split into three main sociopolitical groups: the Gaelic Irish , who were Catholic; the Old English , who were descended from medieval Normans and also predominantly Catholic; and the New English , who were Protestant settlers from England and Scotland aligned with the English Parliament and the Covenanters. Strafford's administration had improved

12062-507: The Irish army to subdue England was not corroborated, and on 10 April Pym's case collapsed. Pym and his allies immediately launched a bill of attainder, which simply declared Strafford guilty and pronounced the sentence of death. Charles assured Strafford that "upon the word of a king you shall not suffer in life, honour or fortune", and the attainder could not succeed if Charles withheld assent. Furthermore, many members and most peers opposed

12225-458: The Irish economy and boosted tax revenue, but had done so by heavy-handedly imposing order. He had trained up a large Catholic army in support of the king and weakened the Irish Parliament's authority, while continuing to confiscate land from Catholics for Protestant settlement at the same time as promoting a Laudian Anglicanism that was anathema to presbyterians. As a result, all three groups had become disaffected. Strafford's impeachment provided

12388-501: The Irish rebels, he decided to take drastic action. Charles suspected, probably correctly, that some members of the English Parliament had colluded with the invading Scots. On 3 January 1642, Charles directed Parliament to give up five specific members of the Commons—Pym, John Hampden , Denzil Holles , William Strode and Sir Arthur Haselrig —and one peer, Lord Mandeville , on the grounds of high treason. When Parliament refused, it

12551-565: The Lord Keeper and 12 peers to summon Parliament if the king failed to do so. The Act was coupled with a subsidy bill, and to secure the latter, Charles grudgingly granted royal assent in February 1641. Strafford had become the principal target of the Parliamentarians, particularly John Pym , and he went on trial for high treason on 22 March 1641. But the key allegation by Sir Henry Vane that Strafford had threatened to use

12714-602: The Protestant cause abroad effectively. In 1633, Charles appointed William Laud Archbishop of Canterbury . They initiated a series of reforms to promote religious uniformity by restricting non-conformist preachers, insisting the liturgy be celebrated as prescribed by the Book of Common Prayer , organising the internal architecture of English churches to emphasise the sacrament of the altar, and reissuing King James's Declaration of Sports , which permitted secular activities on

12877-461: The Protestant descendants of William III by a possible later marriage should he outlive Mary. During the debate, the House of Lords had attempted to append Sophia and her descendants to the line of succession, but the amendment failed in the Commons. Mary II died childless in 1694, after which William III did not remarry. In 1700, Prince William, Duke of Gloucester , who was Anne's only child to survive infancy, died of what may have been smallpox at

13040-708: The Queen shall extend to Her Majesty's heirs and successors in the sovereignty of the United Kingdom." Anne Twomey reviews three possible interpretations of the clause. However, Twomey expresses confidence that, if the High Court of Australia were to be faced with the problems of covering clause 2, it would find some way to conclude that, with regard to Australia, the clause is subject solely to Australian law. Canadian scholar Richard Toporoski theorised in 1998 that "if, let us say, an alteration were to be made in

13203-506: The Remonstrance attacked. The tension was heightened by news of the Irish rebellion, coupled with inaccurate rumours of Charles's complicity. Throughout November, a series of alarmist pamphlets published stories of atrocities in Ireland, including massacres of New English settlers by the native Irish who could not be controlled by the Old English lords. Rumours of "papist" conspiracies circulated in England, and English anti-Catholic opinion

13366-547: The Roman Catholic Church does not recognise the Church of England as an apostolic church , a Roman Catholic monarch who abided by their faith's doctrine would be obliged to view Anglican and Church of Scotland archbishops, bishops, and clergy as part of the laity and therefore "lacking the ordained authority to preach and celebrate the sacraments." (Hilton noted that the Church of Scotland's Presbyterian polity does not include bishops or archbishops.) Hilton said

13529-564: The Royal Family (that is, with the style of Royal Highness ) has converted to Roman Catholicism since the passage of the Act: the Duchess of Kent , wife of Prince Edward, Duke of Kent , who converted on 14 January 1994, but her husband did not lose his place in the succession because she was an Anglican at the time of their marriage. As well as being part of the law of the United Kingdom,

13692-461: The Scots in the meantime. They recommended making peace. A cessation of arms was negotiated in the humiliating Treaty of Ripon , signed in October 1640. This stated that the Scots would continue to occupy Northumberland and Durham and be paid £850 per day indefinitely until a final settlement was negotiated and the English Parliament recalled, which would be required to raise sufficient funds to pay

13855-595: The Scottish forces. Consequently, Charles summoned what later became known as the Long Parliament . Once again, his supporters fared badly at the polls. Of the 493 members of the Commons returned in November, over 350 were opposed to the king. The Long Parliament proved just as difficult for Charles as had the Short Parliament. It assembled on 3 November 1640 and quickly began proceedings to impeach

14018-432: The Scottish nobility, at the price of considerable acrimony, by the Act of Revocation (1625), whereby all gifts of royal or church land made to the nobility since 1540 were revoked, with continued ownership being subject to an annual rent. In addition, the boundaries of the royal forests in England were restored to their ancient limits as part of a scheme to maximise income by exploiting the land and fining land users within

14181-731: The Tonnage and Poundage Act. The House of Commons also launched bills attacking bishops and episcopacy, but these failed in the Lords. Charles had made important concessions in England, and temporarily improved his position in Scotland by signing a final settlement of the Bishops' Wars , then securing the Scots' favour on a visit from August to November 1641 during which he conceded to the official establishment of presbyterianism in Scotland. But after an attempted royalist coup in Scotland, known as

14344-539: The United Kingdom to the Act of Settlement 1701, providing for the succession of the Crown... [i]t is my opinion that the domestic constitutional law of Australia or Papua New Guinea, for example, would provide for the succession in those countries of the same person who became Sovereign of the United Kingdom." In practice, when legislating for the Perth Agreement (see below), the Australian governments took

14507-547: The act's passing the most senior living member of the royal family to have married a Roman Catholic, and thereby to have been removed from the line of succession, is Prince Michael of Kent , who married Baroness Marie-Christine von Reibnitz in 1978; he was fifteenth in the line of succession at the time. He was restored to the line of succession in 2015 when the Succession to the Crown Act 2013 came into force, and became 34th in line. The next most senior living descendant of

14670-428: The age of 11. Thus, Anne was left as the only person in line to the throne. The Bill of Rights excluded Catholics from the throne, which ruled out James II and his children (as well as their descendants) sired after he converted to Catholicism in 1668. However, it did not provide for the further succession after Anne. Parliament thus saw the need to settle the succession on Sophia and her descendants, and thereby guarantee

14833-481: The age of 18 of what is suspected to have been typhoid (or possibly porphyria ). Charles, who turned 12 two weeks later, became heir apparent . As the eldest surviving son of the sovereign, he automatically gained several titles, including Duke of Cornwall and Duke of Rothesay . In November 1616, he was created Prince of Wales and Earl of Chester . In 1613, Charles's sister Elizabeth married Frederick V, Elector Palatine , and moved to Heidelberg . In 1617,

14996-553: The approach of the states requesting, and referring power to, the federal government to enact the legislation on behalf of the states (under paragraph 51(xxxviii) of the Australian Constitution) and the Commonwealth of Australia. [REDACTED] Canada portal In Canada, where the Act of Settlement ( French : Acte d'établissement ) is now a part of Canadian constitutional law , Tony O'Donohue ,

15159-473: The attainder, not wishing, in the words of one, to "commit murder with the sword of justice". But increased tensions and an attempted coup by royalist army officers in support of Strafford and in which Charles was involved began to sway the issue. The Commons passed the bill on 20 April by a large margin (204 in favour, 59 opposed, and 230 abstained), and the Lords acquiesced (by 26 votes to 19, with 79 absent) in May. On 3 May, Parliament's Protestation attacked

15322-596: The case of John Rolle , a Member of Parliament whose goods had been confiscated for failing to pay tonnage and poundage. Many MPs viewed the imposition of the tax as a breach of the Petition of Right. When Charles ordered a parliamentary adjournment on 2 March, members held the Speaker, Sir John Finch , down in his chair so that the session could be prolonged long enough for resolutions against Catholicism, Arminianism, and tonnage and poundage to be read out and acclaimed by

15485-416: The case of his two grand-daughters the late Queen Mary II and her successor Queen Anne ) or Roman Catholic, Parliament's choice was limited to Sophia of Hanover, the Protestant daughter of the late Elizabeth of Bohemia , the only other child of King James I to have survived childhood. Elizabeth had borne nine children who reached adulthood, of whom Sophia was the youngest daughter. However in 1701 Sophia

15648-513: The chamber. The provocation was too much for Charles, who dissolved Parliament and had nine parliamentary leaders, including Sir John Eliot, imprisoned over the matter, thereby turning the men into martyrs and giving popular cause to their protest. Personal rule necessitated peace. Without the means in the foreseeable future to raise funds from Parliament for a European war, or Buckingham's help, Charles made peace with France and Spain. The next 11 years, during which Charles ruled England without

15811-536: The consent of all the other realms, as it touches on the succession to the shared crown . On 26 March 2015, following the Perth Agreement , legislation amending the Act came into effect across the Commonwealth realms that removed the disqualification arising from marriage to a Roman Catholic and instituted absolute primogeniture . Following the Glorious Revolution , the line of succession to

15974-481: The continuity of the Crown in the Protestant line. With religion and lineage initially decided, the ascendancy of William of Orange in 1689 would also bring his partiality to his Dutch favourites that followed. By 1701, anti-Dutch sentiment was widespread in England and action was considered necessary. The Act of Settlement provided that the throne would pass to the Electress Sophia of Hanover  –

16137-405: The death of his elder brother, Henry Frederick, Prince of Wales . An unsuccessful and unpopular attempt to marry him to Infanta Maria Anna of Spain culminated in an eight-month visit to Spain in 1623 that demonstrated the futility of the marriage negotiation. Two years later, shortly after his accession, he married Henrietta Maria of France . After his succession in 1625, Charles quarrelled with

16300-546: The dissolution of the Covenanters' interim government, albeit at the decisive concession that both the Scottish Parliament and General Assembly of the Scottish Church were called. The military failure in the First Bishops' War caused a financial and diplomatic crisis for Charles that deepened when his efforts to raise funds from Spain while simultaneously continuing his support for his Palatine relatives led to

16463-696: The duke. Charles provoked further unrest by trying to raise money for the war through a "forced loan": a tax levied without parliamentary consent. In November 1627, the test case in the King's Bench , the " Five Knights' Case ", found that the king had a prerogative right to imprison without trial those who refused to pay the forced loan. Summoned again in March 1628, Parliament adopted a Petition of Right on 26 May, calling upon Charles to acknowledge that he could not levy taxes without Parliament's consent, impose martial law on civilians, imprison them without due process, or quarter troops in their homes. Charles assented to

16626-478: The emperor marked the beginning of the turmoil that would develop into the Thirty Years' War . The conflict, originally confined to Bohemia, spiralled into a wider European war, which the English Parliament and public quickly grew to see as a polarised continental struggle between Catholics and Protestants. In 1620, King Frederick was defeated at the Battle of White Mountain near Prague and his hereditary lands in

16789-405: The few sources of support for Charles's proposed Spanish marriage. With King James's support, Montagu produced another pamphlet, Appello Caesarem , published in 1625 shortly after James's death and Charles's accession. To protect Montagu from the stricture of Puritan members of Parliament, Charles made him a royal chaplain, heightening many Puritans' suspicions that Charles favoured Arminianism as

16952-499: The first time, and the bond between them grew stronger. Together, they embodied an image of virtue and family life, and their court became a model of formality and morality. In January 1629, Charles opened the second session of the English Parliament, which had been prorogued in June 1628, with a moderate speech on the tonnage and poundage issue. Members of the House of Commons began to voice opposition to Charles's policies in light of

17115-583: The following year , Michael Howard promised to work towards having the prohibition removed if the Conservative Party gained a majority of seats in the House of Commons, but the election was won by Blair's Labour Party . Four years later, plans drawn up by Chris Bryant were revealed that would end the exclusion of Catholics from the throne and end the doctrine of male-preference primogeniture in favour of absolute primogeniture, which governs succession solely on birth order and not on sex. The issue

17278-410: The form of a bill of attainder . The incident set an important precedent as the process of impeachment would later be used against Charles and his supporters the Duke of Buckingham , Archbishop William Laud , and the Earl of Strafford . James insisted that the House of Commons be concerned exclusively with domestic affairs, while the members protested that they had the privilege of free speech within

17441-482: The idea and it was reported that the government of New Zealand did, as well. The Monarchist League of Canada said at the time to the media that it "supports amending the Act of Settlement in order to modernize the succession rules." Later the same year, the Deputy Prime Minister of the United Kingdom, Nick Clegg , announced that the government was considering a change in the law. At approximately

17604-493: The individual's ability to reject or accept salvation, which opponents viewed as heretical and a potential vehicle for the reintroduction of Catholicism. Puritan reformers considered Charles too sympathetic to Arminianism, and opposed his desire to move the Church of England in a more traditional and sacramental direction. In addition, his Protestant subjects followed the European war closely and grew increasingly dismayed by Charles's diplomacy with Spain and his failure to support

17767-480: The joint monarchy of William III and Mary II. Second, 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 would become relevant when a member of the House of Hanover ascended the British throne, as he would retain the territories of the Electorate of Hanover in what

17930-532: The king was directly involved in governance. Strafford's fall from power weakened Charles's influence in Ireland. The dissolution of the Irish army was unsuccessfully demanded three times by the English Commons during Strafford's imprisonment, until lack of money eventually forced Charles to disband the army at the end of Strafford's trial. Disputes over the transfer of land ownership from native Catholic to settler Protestant, particularly in relation to

18093-576: The king's leading counsellors for high treason. Strafford was taken into custody on 10 November; Laud was impeached on 18 December; Finch, now Lord Keeper of the Great Seal , was impeached the next day, and consequently fled to The Hague with Charles's permission on 21 December. To prevent the king from dissolving it at will, Parliament passed the Triennial Act , which required Parliament to be summoned at least every three years, and permitted

18256-423: The leader of the Roman Catholic Church in England, pointed out that Prince William (later the Duke of Cambridge) "can marry by law a Hindu , a Buddhist , anyone, but not a Roman Catholic." Opponents of repeal, such as Enoch Powell and Adrian Hilton , believe that it would lead to the disestablishment of the Church of England as the state religion if a Roman Catholic were to come to the throne. They also note that

18419-410: The line of succession for the shared crown of all 16 Commonwealth realms. Others contend that that is not the case, and changes to the succession instituted by an Act of the Parliament of Canada "[in accord] with the convention of symmetry that preserves the personal unity of the British and Dominion Crowns". With the announcement in 2007 of the engagement of Peter Phillips to Autumn Kelly ,

18582-655: The line of succession to the British throne from male-preference to absolute cognatic . Vaz sought support for his project from the Canadian Cabinet and Prime Minister Stephen Harper , but the Office of the Prime Minister of Canada responded that the issue was "not a priority for the government or for Canadians without further elaboration on the merits or drawbacks of the proposed reforms". Stephenson King , Prime Minister of Saint Lucia , said he supported

18745-456: The line of succession. From time to time there has been debate over repealing the clause that prevents Roman Catholics, or those who marry one, from ascending to the British throne. Proponents of repeal argue that the clause is a bigoted anachronism; Cardinal Winning , who was leader of the Roman Catholic Church in Scotland , called the act an "insult" to Catholics. Cardinal Murphy-O'Connor ,

18908-594: The monarch must swear to defend the faith and be a member of the Anglican Communion , but that a Roman Catholic monarch would, like all Roman Catholics, owe allegiance to the Pope. This would, according to opponents of repeal, amount to a loss of sovereignty for the Anglican Church. When in December 1978 there was media speculation that Prince Charles might marry a Roman Catholic, Powell defended

19071-583: The monarch with respect to the Parliament of England, though some of those provisions have been altered by subsequent legislation. Along with the Bill of Rights 1689 , the Act of Settlement remains today one of the main constitutional laws governing the succession not only to the throne of the United Kingdom , but to those of the other Commonwealth realms , whether by assumption or by patriation . The Act of Settlement cannot be altered in any realm except by that realm's own parliament and, by convention , only with

19234-552: The one House of Parliament, depending on the legislature's structure). This provision was the result of various monarchs influencing judges' decisions, and its purpose was to assure judicial independence . This patent was used prior to 1701 but did not prevent Charles I from removing Sir John Walter as Chief Baron of the Exchequer . Eighth, that "no Pardon under the Great Seal of England be pleadable to an Impeachment by

19397-418: The opening of his first Parliament until after the marriage was consummated, to forestall any opposition. Many members of the Commons opposed his marriage to a Catholic, fearing that he would lift restrictions on Catholic recusants and undermine the official establishment of the reformed Church of England . Charles told Parliament that he would not relax religious restrictions, but promised to do exactly that in

19560-456: The petition on 7 June, but by the end of the month he had prorogued Parliament and reasserted his right to collect customs duties without authorisation from Parliament. On 23 August 1628, Buckingham was assassinated. Charles was deeply distressed. According to Edward Hyde, 1st Earl of Clarendon , he "threw himself upon his bed, lamenting with much passion and with abundance of tears". He remained grieving in his room for two days. In contrast,

19723-477: The propertied classes for inflicting degrading punishments on gentlemen. For example, in 1637 William Prynne , Henry Burton and John Bastwick were pilloried , whipped and mutilated by cropping and imprisoned indefinitely for publishing anti-episcopal pamphlets. When Charles attempted to impose his religious policies in Scotland he faced numerous difficulties. Although born in Scotland, Charles had become estranged from it; his first visit since early childhood

19886-425: The protests, Charles refused to dismiss his friend, dismissing Parliament instead. Meanwhile, domestic quarrels between Charles and Henrietta Maria were souring the early years of their marriage. Disputes over her jointure , appointments to her household, and the practice of her religion culminated in the king expelling the vast majority of her French attendants in August 1626. Despite Charles's agreement to provide

20049-539: The provision that excludes Roman Catholics from ascending the throne, stating his objection was not rooted in religious bigotry but in political considerations. He said a Roman Catholic monarch would mean the acceptance of a source of authority external to the realm and "in the literal sense, foreign to the Crown-in-Parliament ... Between Roman Catholicism and royal supremacy there is, as Saint Thomas More concluded, no reconciliation." Powell concluded that

20212-505: The public humiliation of the Battle of the Downs , where the Dutch destroyed a Spanish bullion fleet off the coast of Kent in sight of the impotent English navy. Charles continued peace negotiations with the Scots in a bid to gain time before launching a new military campaign. Because of his financial weakness, he was forced to call Parliament into session in an attempt to raise funds for such

20375-612: The public rejoiced at Buckingham's death, accentuating the gulf between the court and the nation and between the Crown and the Commons. Buckingham's death effectively ended the war with Spain and eliminated his leadership as an issue, but it did not end the conflicts between Charles and Parliament. It did, however, coincide with an improvement in Charles's relationship with his wife, and by November 1628 their old quarrels were at an end. Perhaps Charles's emotional ties were transferred from Buckingham to Henrietta Maria. She became pregnant for

20538-798: The reasserted boundaries for encroachment. The programme's focus was disafforestation and sale of forest lands for conversion to pasture and arable farming, or in the case of the Forest of Dean , development for the iron industry. Disafforestation frequently caused riots and disturbances, including those known as the Western Rising . Against the background of this unrest, Charles faced bankruptcy in mid-1640. The City of London, preoccupied with its own grievances, refused to make any loans to him, as did foreign powers. In this extremity, in July Charles seized silver bullion worth £130,000 held in trust at

20701-474: The reformed religion of Scotland and reject any innovations not authorised by Kirk and Parliament. When the General Assembly of the Church of Scotland met in November 1638, it condemned the new prayer book, abolished episcopal church government , and adopted presbyterian government by elders and deacons. Charles perceived the unrest in Scotland as a rebellion against his authority, precipitating

20864-545: The repeal of the English penal laws , which Charles knew Parliament would not agree to, and that the infanta remain in Spain for a year after any wedding to ensure that England complied with all the treaty's terms. A personal quarrel erupted between Buckingham and the Count of Olivares , the Spanish chief minister, and so Charles conducted the ultimately futile negotiations personally. When he returned to London in October, without

21027-415: The restriction on successors being or marrying Roman Catholics; however, potential Roman Catholic successors would be required to convert to Anglicanism prior to acceding to the throne. In reaction to the letter and media coverage, Harper stated that, this time, he was "supportive" of what he saw as "reasonable modernizations". Charles I of England Charles I (19 November 1600 – 30 January 1649)

21190-455: The royal succession remain in force. The legal process required at the federal level remains, theoretically, unclear. The Australian constitution , as was noted during the crisis of 1936, contains no power for the federal parliament to legislate with respect to the monarchy. Everything thus turns upon the status and meaning of clause 2 in the Commonwealth of Australia Constitution Act 1900, which provides: "The provisions of this Act referring to

21353-517: The sabbath. The Feoffees for Impropriations , an organisation that bought benefices and advowsons so that Puritans could be appointed to them, was dissolved. Laud prosecuted those who opposed his reforms in the Court of High Commission and the Star Chamber , the two most powerful courts in the land. The courts became feared for their censorship of opposing religious views and unpopular among

21516-498: The same manner Bacon had. James told Buckingham he was a fool, and presciently warned Charles that he would live to regret the revival of impeachment as a parliamentary tool. An underfunded makeshift army under Ernst von Mansfeld set off to recover the Palatinate, but it was so poorly provisioned that it never advanced beyond the Dutch coast. By 1624, the increasingly ill James was finding it difficult to control Parliament. By

21679-468: The same time, it was reported that British Prime Minister David Cameron had written to each of the prime ministers of the other fifteen Commonwealth realms, asking for their support in changing the succession to absolute primogeniture and notifying them he would raise his proposals at that year's Commonwealth Heads of Government Meeting (CHOGM) in Perth , Australia. Cameron reportedly also proposed removing

21842-569: The same way." In October 2011 the Australian federal government was reported to have reached an agreement with all of the states on potential changes to their laws in the wake of amendments to the Act of Settlement. The practice of the Australian states—for example, New South Wales and Victoria —has been, when legislating to repeal some imperial statutes so far as they still applied in Australia, to provide that imperial statutes concerning

22005-536: The service including both Whigs and Tories such as Henry Lumley . The Duke of Marlborough , former Captain General and a moderate Tory, went into exile on the continent following his dismissal in 1711. Tied up with the ongoing debate about the future of the throne, was a dispute over the end of the War of Spanish Succession . Pro-war Whigs joined with Hanoverian Tories under the banner " No Peace Without Spain ", opposing

22168-496: The south-east and East Anglia, as well as the English navy. After a few skirmishes, the opposing forces met in earnest at Edgehill , on 23 October 1642. Charles's nephew Prince Rupert of the Rhine disagreed with the battle strategy of the royalist commander Lord Lindsey , and Charles sided with Rupert. Lindsey resigned, leaving Charles to assume overall command assisted by Lord Forth . Rupert's cavalry successfully charged through

22331-517: The succession laws would have no immediate implications. Consequently, there was little public concern with the issues and debate had been confined largely to academic circles until the November 2010 announcement that Prince William was to marry . This raised the question of what would happen if he were to produce first a daughter and then a son. The Times reported on 6 November 1995 that Prince Charles had said on that day to Tony Blair and Paddy Ashdown that "Catholics should be able to ascend to

22494-448: The succession of his son George II rather than the continued claims of James. In 1730 they were still active as a faction when Spencer Compton tried to organise a coalition between them and opposition Patriot Whigs in order to replace the long-standing Prime Minister Robert Walpole . Hanoverian Tories were active in the attempts to acquit former leader Robert Harley during his impeachment trial in 1715 and subsequent imprisonment in

22657-630: The throne as King George I , starting the Hanoverian dynasty in Britain. The Act of Supremacy 1558 had confirmed the independence of the Church of England from Roman Catholicism under the English monarch. One of the principal factors which contributed to the Glorious Revolution was the perceived assaults made on the Church of England by King James II , a Roman Catholic, who was deposed in favour of his Protestant daughter Mary II and her husband William III . The need for this Act of Settlement

22820-479: The throne if necessary by armed force. Hanoverian Tories worked with Whigs led by General James Stanhope to secure the country for George. In the event the Hanoverian Succession followed on relatively peacefully following Anne's death in August 1714, although George's coronation did provoke riots across the country which then continued into the following year . Whigs and Hanoverian Tories provided

22983-548: The throne. The act contained eight additional provisions that were to only come into effect upon the death of both William and Anne: Firstly, the monarch "shall join in communion with the Church of England ". This was intended to ensure the exclusion of a Roman Catholic monarch. Along with James II's perceived despotism, his religion was the main cause of the Glorious Revolution, and of the previous linked religious and succession problems which had been resolved by

23146-466: The throne. This had the effect of deposing the remaining descendants of Charles I , other than his Protestant granddaughter Anne , as the next Protestant in line to the throne was Sophia of Hanover . Born into the House of Wittelsbach , she was a granddaughter of James VI and I from his most junior surviving line, with the crowns descending only to her non- Catholic heirs. Sophia died less than two months before Queen Anne, and Sophia's son succeeded to

23309-592: The time of his death in March 1625, Charles and Buckingham had already assumed de facto control of the kingdom. With the failure of the Spanish match, Charles and Buckingham turned their attention to France. On 1 May 1625 Charles was married by proxy to the 15-year-old French princess Henrietta Maria in front of the doors of Notre Dame de Paris . He had seen her in Paris while en route to Spain. They met in person on 13 June 1625 in Canterbury . Charles delayed

23472-402: Was King of England, Scotland, and Ireland from 27 March 1625 until his execution in 1649. Charles was born into the House of Stuart as the second son of King James VI of Scotland , but after his father inherited the English throne in 1603, he moved to England, where he spent much of the rest of his life. He became heir apparent to the kingdoms of England, Scotland, and Ireland in 1612 upon

23635-404: Was a weak and sickly infant, and while his parents and older siblings left for England in April and early June that year, due to his fragile health, he remained in Scotland with his father's friend Lord Fyvie appointed as his guardian. By 1604, when Charles was three-and-a-half, he was able to walk the length of the great hall at Dunfermline Palace without assistance, and it was decided that he

23798-534: Was abolished and the Commonwealth of England was established as a republic . The monarchy was restored in 1660, with Charles's son Charles II as king. The second son of King James VI of Scotland and Anne of Denmark , Charles was born in Dunfermline Palace , Fife, on 19 November 1600. At a Protestant ceremony in the Chapel Royal of Holyrood Palace in Edinburgh on 23 December 1600, he

23961-472: Was actively hostile towards Spain and Catholicism, and thus, when called by James in 1621, the members hoped for an enforcement of recusancy laws, a naval campaign against Spain, and a Protestant marriage for the Prince of Wales. James's Lord Chancellor , Francis Bacon , was impeached before the House of Lords for corruption. The impeachment was the first since 1459 without the king's official sanction in

24124-455: Was also slow, and he had a stammer for the rest of his life. In January 1605, Charles was created Duke of York , as is customary in the case of the English sovereign's second son, and made a Knight of the Bath . Thomas Murray , a presbyterian Scot, was appointed as a tutor. Charles learnt the usual subjects of classics, languages, mathematics and religion. In 1611, he was made a Knight of

24287-555: 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 from time to time. Fourth, 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

24450-410: Was baptised by David Lindsay , Bishop of Ross , and created Duke of Albany , the traditional title of the second son of the king of Scotland , with the subsidiary titles of Marquess of Ormond , Earl of Ross and Lord Ardmannoch. James VI was the first cousin twice removed of Queen Elizabeth I of England , and when she died childless in March 1603, he became King of England as James I. Charles

24613-490: Was beheaded three days later. Also in early May, Charles assented to an unprecedented Act that forbade the dissolution of the English Parliament without its consent. In the following months, ship money, fines in distraint of knighthood and excise without parliamentary consent were declared unlawful, and the Courts of Star Chamber and High Commission were abolished. All remaining forms of taxation were legalised and regulated by

24776-584: 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. Fifth, no foreigner ("no Person born out of the Kingdoms of England Scotland or Ireland or the Dominions thereunto belonging"), even if naturalised or made

24939-519: Was for his Scottish coronation in 1633. To the dismay of the Scots, who had removed many traditional rituals from their liturgical practice, Charles insisted that the coronation be conducted using the Anglican rite. In 1637, he ordered the use of a new prayer book in Scotland that was almost identical to the English Book of Common Prayer , without consulting either the Scottish Parliament or

25102-638: Was forced to withdraw. In mid-1642, both sides began to arm. Charles raised an army using the medieval method of commission of array , and Parliament called for volunteers for its militia. The negotiations proved futile, and Charles raised the royal standard in Nottingham on 22 August 1642. By then, his forces controlled roughly the Midlands, Wales, the West Country and northern England. He set up his court at Oxford . Parliament controlled London,

25265-599: Was no legal bar to collecting the tax for defence during peacetime and throughout the whole of the kingdom. Ship money, paid directly to the Treasury of the Navy, provided between £150,000 to £200,000 annually between 1634 and 1638, after which yields declined. Opposition to ship money steadily grew, but England's 12 common law judges ruled the tax within the king's prerogative, though some of them had reservations. The prosecution of John Hampden for non-payment in 1637–38 provided

25428-403: Was obliged to rely primarily on volunteer forces for defence and on diplomatic efforts to support his sister Elizabeth and his foreign policy objective for the restoration of the Palatinate. England was still the least taxed country in Europe, with no official excise and no regular direct taxation. To raise revenue without reconvening Parliament, Charles resurrected an all-but-forgotten law called

25591-551: Was possibly Henrietta Maria who persuaded Charles to arrest the five members by force, which he resolved to do personally. But news of the warrant reached Parliament ahead of him, and the wanted men slipped away by boat shortly before Charles entered the House of Commons with an armed guard on 4 January. Having displaced Speaker William Lenthall from his chair, the king asked him where the MPs had fled. Lenthall, on his knees, famously replied, "May it please your Majesty, I have neither eyes to see nor tongue to speak in this place but as

25754-401: Was prompted by the inability of William and Mary, as well as of Mary's Protestant sister (the future Queen Anne), to produce any surviving children, and by the perceived threat posed by the pretensions to the throne by remaining Roman Catholic members of the House of Stuart . The act played a key role in the formation of the Kingdom of Great Britain as, though England and Scotland had shared

25917-408: Was raised again in January 2009, when a private member's bill to amend the Act of Succession was introduced in parliament. In early 2011 Keith Vaz , a Labour Member of Parliament, introduced to the House of Commons at Westminster a private member's bill which proposed that the Act of Settlement be amended to remove the provisions relating to Roman Catholicism and change the primogeniture governing

26080-603: Was removed from the line of succession. More recently, Peter Phillips , the son of Anne, Princess Royal , and eleventh in line to the throne, married Autumn Kelly ; Kelly had been brought up as a Roman Catholic, but she converted to Anglicanism prior to the wedding. Had she not done so, Phillips would have forfeited his place in the succession upon their marriage, only to have it restored in 2015. Excluding those princesses who have married into Roman Catholic royal families, such as Marie of Edinburgh , Victoria Eugenie of Battenberg and Princess Beatrice of Edinburgh , one member of

26243-438: Was strengthened, damaging Charles's reputation and authority. The English Parliament distrusted Charles's motivations when he called for funds to put down the Irish rebellion; many members of the Commons suspected that forces he raised might later be used against Parliament itself. Pym's Militia Bill was intended to wrest control of the army from the king, but it did not have the support of the Lords, let alone Charles. Instead,

26406-407: Was strong enough to journey to England to be reunited with his family. In mid-July 1604, he left Dunfermline for England, where he was to spend most of the rest of his life. In England, Charles was placed under the charge of Elizabeth, Lady Carey , the wife of courtier Sir Robert Carey , who put him in boots made of Spanish leather and brass to help strengthen his weak ankles. His speech development

26569-423: Was the senior Protestant one, therefore with a legitimate claim to the English throne; Parliament passed over her Roman Catholic siblings, namely her sister Louise Hollandine of the Palatinate , and their descendants, who included Elizabeth Charlotte, Duchess of Orléans ; Louis Otto, Prince of Salm , and his aunts; Anne Henriette, Princess of Condé , and Benedicta Henrietta, Duchess of Brunswick-Lüneburg . Since

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