Act of Settlement 1701 in the context of "James Francis Edward Stuart"

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⭐ Core Definition: Act of Settlement 1701

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 the throne. This deposed 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 the throne as King George I, starting the Hanoverian dynasty in Great Britain and Ireland.

The Act of Supremacy 1558 (1 Eliz. 1. c. 1) 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 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.

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👉 Act of Settlement 1701 in the context of James Francis Edward Stuart

James Francis Edward Stuart also known as the Old Pretender (10 June 1688 – 1 January 1766) was the senior House of Stuart claimant to the thrones of England, Ireland and Scotland from 1701 until his death in 1766. The only son of James II of England and his second wife, Mary of Modena, he was Prince of Wales and heir until his Catholic father was deposed and exiled in the Glorious Revolution of 1688. His Protestant half-sister Mary II and her husband William III and II became co-monarchs. As a Catholic, he was subsequently excluded from the succession by the Act of Settlement 1701.

James claimed the thrones of England, Ireland and Scotland when his father died in September 1701. As part of the War of the Spanish Succession, in 1708 Louis XIV of France backed a landing in Scotland on his behalf. This failed, as did further attempts in 1715 and 1719, after which James lived quietly in Rome. Led by his elder son Charles Edward Stuart, the 1745 Rising was the last serious effort to restore the Stuart line.

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Act of Settlement 1701 in the context of Sophia of Hanover

Sophia (German: Sophie, [zoˈfiː]; 14 October [O.S. 3 October] 1630 – 8 June [O.S. 28 May] 1714) was Electress of Hanover from 1692 to 1698 as the consort of Prince-Elector Ernest Augustus. She was later the heiress presumptive to the thrones of England and Scotland (later Great Britain) and Ireland under the Act of Settlement 1701, as she was the granddaughter of King James VI and I. Sophia died less than two months before she would have become Queen of Great Britain and Ireland. Consequently, her son George succeeded her first cousin once removed, Queen Anne, to the British throne. The succession to the throne has since been composed entirely of, and legally defined as, Sophia's legitimate and Protestant descendants.

Sophia was born in The Hague to Frederick V, formerly Elector Palatine and King of Bohemia, and Elizabeth (Stuart), daughter of King James VI and I. She grew up in the Dutch Republic, where her family had sought refuge after the sequestration of their Electorate during the Thirty Years' War. Sophia's brother Charles Louis was restored as elector in the Palatinate as part of the Peace of Westphalia. During this time, the English Stuarts also went into exile and Sophia was courted by her cousin, Charles II of England.

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Act of Settlement 1701 in the context of Heirs of the body

In English law, heirs of the body is the principle that certain types of property pass to a descendant of the original holder, recipient or grantee according to a fixed order of kinship. Upon the death of the grantee, a designated inheritance such as a parcel of land, a peerage, or a monarchy, passes automatically to that living, legitimate, natural descendant of the grantee who is most senior in descent according to primogeniture, males being preferred, however, over their sisters regardless of relative age; and thereafter the property continues to pass to subsequent descendants of the grantee, according to the same formula, upon the death of each subsequent heir.

Baronies created by writ of summons to Parliament usually descend to heirs of the body of the grantee, and may thus be inherited by females. By the terms of the Act of Settlement 1701 and the Acts of Union 1707, the Crown of the United Kingdom of Great Britain and Northern Ireland descends to heirs of the body of the Electress Sophia of Hanover who are not Catholics or married to Catholics, subject to subsequent modification by Parliament (e.g. His Majesty's Declaration of Abdication Act 1936 and the Succession to the Crown Act 2013).

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Act of Settlement 1701 in the context of Electorate of Hanover

The Electorate of Hanover (German: Kurfürstentum Hannover or simply Kurhannover) was an electorate of the Holy Roman Empire located in northwestern Germany that arose from the Principality of Calenberg. Although formally known as the Electorate of Brunswick-Lüneburg (German: Kurfürstentum Braunschweig-Lüneburg), it made Hanover its capital city. For most of its existence, the electorate was ruled in personal union with Great Britain and Ireland following the Hanoverian Succession.

The Duchy of Brunswick-Lüneburg had been split in 1269 between different branches of the House of Welf. The Principality of Calenberg, ruled by a cadet branch of the family, emerged as the largest and most powerful of the Brunswick-Lüneburg states. In 1692, the Holy Roman Emperor elevated the Prince of Calenberg to the College of Electors, creating the new Electorate of Brunswick-Lüneburg. The fortunes of the electorate were tied to those of Great Britain by the Act of Settlement 1701 and Act of Union 1707, which settled the succession to the British throne on Queen Anne's nearest Protestant relative, the Electress Sophia of Hanover, and her descendants.

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Act of Settlement 1701 in the context of Succession to the British throne

Succession to the British throne is determined by descent, sex, legitimacy, and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". Spouses of Catholics were disqualified from 1689 until the law was amended in 2015. Protestant descendants of those excluded for being Roman Catholics are eligible.

King Charles III has been the sovereign since 2022, and his heir apparent is his elder son, William, Prince of Wales. William's three children are next, in order of birth: Prince George, Princess Charlotte, and Prince Louis. Fifth in line is Prince Harry, Duke of Sussex, the younger son of the King; sixth is Harry's elder child, Prince Archie. Under the Perth Agreement, which came into effect in 2015, only the first six in line of succession require the sovereign's consent before they marry; without such consent, they and their children would be disqualified from succession.

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Act of Settlement 1701 in the context of George II of Great Britain

George II (George Augustus; German: Georg August; 30 October / 9 November 1683 – 25 October 1760) was King of Great Britain and Ireland, Duke of Brunswick-Lüneburg (Hanover) and a prince-elector of the Holy Roman Empire from 11 June 1727 (O.S.) until his death in 1760.

Born and brought up in northern Germany, George is the most recent British monarch born outside Great Britain. The Act of Settlement 1701 and the Acts of Union 1707 positioned his grandmother Sophia of Hanover and her Protestant descendants to inherit the British throne. George married Princess Caroline of Ansbach, with whom he had eight children. After the deaths of George's grandmother and Anne, Queen of Great Britain, George's father, the Elector of Hanover, ascended the British throne as George I in 1714. In the first years of his father's reign as king, Prince George was associated with opposition politicians until they rejoined the governing party.

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Act of Settlement 1701 in the context of Recusancy

Recusancy (from Latin: recusare, lit.'to refuse') was the state of those who remained loyal to the Catholic Church and refused to attend Church of England services after the English Reformation.

The 1558 Recusancy Acts passed in the reign of Elizabeth I, and temporarily repealed in the Interregnum (1649–1660), remained on the statute books until 1888. They imposed punishments such as fines, property confiscation and imprisonment on recusants. The suspension under Oliver Cromwell was mainly intended to give relief to Nonconformist Protestants rather than to Catholics, to whom some restrictions applied into the 1920s, through the Act of Settlement 1701, despite the 1828–1829 Catholic emancipation.

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