Prince of Wales is Right to be Concerned about Succession Changes, Christian Voice Announces
The Prince of Wales if right to raise concerns about the way the Succession to the Crown Bill is being rushed through Parliament without adequate attention being given to the possible ramifications, Christian Voice announced today.
Once passed, the Bill would alter the ancient custom for first-born males to inherit the throne, in addition to abolishing the prohibition on the British monarch being married to a Roman Catholic. Prince Charles has raised concerns about the unintended ramifications of both these changes.
While it may seem like a nice gesture to remove the prohibition on the monarch marrying a Roman Catholic, Prince Charles is right that doing so could set off a chain of unintended consequences that would ultimately destabilize the institution of the monarchy.
But first, what is the Act of Settlement and how did it arise?
Background to the Act of Settlement

During the reign of James II of England and VII of Scotland (r. 1633 –1701), James managed to alienate himself from his fellow Englishman through his Roman Catholic, pro-French and absolutist policies. When his wife, Queen Mary, produced a Roman Catholic heir in 1688, it was too much for English Protestants to endure. Hoping to divert a Catholic dynasty, seven English nobleman (known later as the ‘Immortal Seven’) invited James’ eldest Protestant daughter, Mary, to come to Britain and rule. She agreed on the condition that she would rule the country jointly with her Dutch husband, William the Prince of Orange.
William came over with an army prepared to fight for the throne against his father-in-law. However, knowing it would be impossible to win a war without popular support, James II retreated to France. This bloodless revolution, known as ‘the Glorious Revolution,’ established the Hanoverian line of British monarchs – a line preserved through the present House of Windsor.
In order to give legal legitimization to Hanoverian rule, Parliament passed the Bill of Rights in December 1689. This was designed to protect Parliament from arbitrary rule of another Sovereign such as the deposed James II, to ensure the continuation of the Protestant faith, and to preserve common law freedoms.

Towards the close of the reign of King William III (r. 1650 –1702), it began to look as if the king would die without a legal heir. Since the Bill of Rights had not specified the line of succession far enough into the future to cover such an eventuality, Parliament began to worry that the deposed James II or his offspring might try to capitalize on the situation and claim the throne. In order to simultaneously solve this problem and fix the line of succession ad infinitum, a law known as the Act of Settlement was introduced. It specified that the heirs to the throne would always be descendants of Princess Sophia of Hanover (1630-1714), who was also appointed heir presumptive by the same Act. Sophia was the granddaughter of James I of England.
The Act of Settlement also specified that the monarch must always be Protestant, and it states that if the monarch is ‘reconciled to the See of Rome’ or ‘marries a Papist’ ‘…in all and every such Case or Cases the People of these Realms shall be and are thereby absolved of their allegiance’.
The Act of Settlement, which was extended to Scotland in 1707, also lays down other rules of constitutional import, including male preference primogeniture. The Act of Settlement came to apply to all of the Commonwealth realms in 1931 through the Statute of Westminster. The Statute of Westminster 1931 actively forbids any alteration to the rules of succession without the agreement of all 16 nations that share the throne. That is why current attempts to ‘modernize’ the laws of succession must first be approved by all 16 legislatures, from the little island of Tuvalu with a population of 11,000 to the United Kingdom. If even one nation disagrees, the proposed changes cannot be enacted. (See Zoe Kirk-Robinson’s article ‘Why Kate’s First-born May Not Be Crowned.’)
So each of the nations in the Commonwealth who share the Queen as monarch (the ‘realms’) must ask themselves whether the Act of Settlement is still relevant in the modern world. Is there any reason to think that this relic from the early 18th century should still be preserved?
As each of the Commonwealth realms considers this question, they must take into account the fact that constitutional experts believe that changing the laws could precipitate a constitutional crisis. As soon as the monarch is allowed to marry a Roman Catholic, the possibility exists that the future heir to the throne could be raised Catholic. Indeed, Roman Catholic common law mandates that if even one of the parents is Catholic, the children must be raised catholic. If that were to happen, then there would either have to be an abdication crisis, or the law would need to be changed to allow Roman Catholics to succeed to the throne, reversing Henry VIII’s historic break with Rome. If the latter course prevailed, then it could lead to the bizarre situation of having a Roman Catholic as the supreme head of the Church of England.
In his 2003 Spectator article ‘The Price of Liberty’, Adrian Hilton presented a strong case for preserving the prohibition on the monarch marrying a Roman Catholic:
Since [Roman Catholic] canon law requires that all children of Roman Catholics be brought up in that faith, such a proposed amendment would eventually create an exclusively Catholic royal dynasty, whose primary allegiance would be to the higher spiritual and temporal authority — the Papacy….
The Papacy is, by its own admission, a political institution, and still claims universal legislative authority or jurisdiction. 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.…
It is not possible to discuss the removal of the bars on Catholics and the monarchy without at the same time discussing the constitutional position of the Church of England; and therein lies the principal division among Catholics. There are many who regard the establishment of the Church of England as a great advantage for the faith because it perpetuates Christianity as the ‘official’ religion through its presence in Parliament. For those who hold this view, a minor historical relic of anti-Catholic discrimination is a lesser evil to be tolerated than the alternative. For when the protective barrier of Anglican establishment is torn away, Christianity would lose a political voice and Britain its cultural governmental foundation as a Christian nation.
The Act therefore demands that the sovereign must ‘join in communion with the Church of England as by law established’. While earlier monarchs have come from Calvinist and Lutheran traditions and have not been prevented by their own Church discipline from receiving the Eucharist, the position of Rome is quite different. These difficulties do not emanate from the Church of England but from the Roman Catholic Church, which prohibits its adherents from receiving Holy Communion at Anglican services. To forbid an Anglican Eucharist to a Roman Catholic monarch who remains Supreme Governor of the Church of England is not only absurd but plainly regressive.
Further, since Rome does not recognise the Church of England as a Christian Church in the full and proper sense of that term, it does not recognise the Holy Orders of Anglican clergy, which Pope Leo XIII condemned as ‘absolutely null and utterly void’. The present Pope has reiterated this view. A Roman Catholic monarch who followed the teaching of the Mother Church would therefore have to regard the archbishops, bishops and clergy of the Church of England (and, incidentally, of the Church of Scotland) as lay people, lacking the ordained authority to preach and celebrate the sacraments. And further still, a Roman Catholic monarch would be unable to be crowned by the Archbishop of Canterbury. As long as the coronation service involves a priestly anointing, no ‘utterly void’ Anglican could administer it. Presumably a future Roman Catholic monarch would receive the crown from the Pope, and the wheel would have come full circle.”
More recently Telegraph journalist Charles Moore has tried to raise awareness of these and other potential problems. Writing in the Telegraph in December 2011, Moore drew attention to the chain of unintended consequences that could be set in motion by lifting the prohibition on a monarch marrying a Roman Catholic:
Suppose the heir to the throne does marry a Catholic, which, under the new rules, he/she will be permitted to do. Suppose that they have a child. Suppose the child, as the Catholic Church requires, is brought up a Catholic. Under the law, even as reformed, that child cannot become Monarch. “Are you asking me,” the doubting MP might inquire, “to vote for a reform which could precipitate a constitutional-cum-religious crisis?”
If, on the other hand, the law were changed to permit a Catholic to come to the throne, there would be a lot more questions. What would happen to the monarch’s headship of the Church of England? How would he/she be crowned? “Are you proposing, Prime Minister,” the awkward MP could ask, “to disestablish the Church? If so, please lay before us your legislation for doing so.” Untune that string, as Shakespeare famously put it, and hark what discord follows. There may be a way around these problems, but at the least Government should be inviting a rigorous public debate about these implications, instead of conducting the changes in a semi-secret environment
Implications for Hereditary Titles

What about Prince Charles’ other concern, regarding hereditary titles? Here again, the Prince has identified a problem that has received almost no attention in the public discourse.
Changing the succession laws for the crown will almost certainly result in gender equality being extended to the inheritance of peerages. Although succession of hereditary peerages forms no part of any proposed change, it would be hard to preserve the older system of inheritance once male primogeniture had been abandoned with respect to the crown. This is especially true given that the heir to the throne succeeds to a number of peerages. If male primogeniture is changed, then will succession in the dukedoms, earldoms and baronetcies attached to the throne devolve to the eldest child, or will there be a two-tier system whereby the titles to which the throne is attached will still devolve to the eldest male?
Hereditary peerages are created by writ, by Act of Parliament, by charter, or by letters patent. The rules governing the order of succession of future heirs are specified in the original grant for the peerage in question. The preferred method by which peerages are created is by letters patent. With few exceptions, the patents transmit titles only to male offspring, a system known as “tail male.” As Halsbury’s Laws of England states:
“Letters patent creating a peerage must specify the patentee, the name of the dignity and its limitation to future heirs of the patentee. The limitation must be one known to the law. The rule in England is a limitation to heirs male of the body with an occasional addition of special remainders to bring in the daughters and their issue, brothers, nephews and collaterals, but ultimately the descent is always fixed in an heir male line.”
This “limitation to heirs male of the body” for the succession of peerages is even stricter than the rules regulating the succession of the crown (which allows a female to inherit when she is without brothers) and can result in peerages becoming extinct. As Regency Researcher Nancy Mayer has explained,
The descent of most hereditary English peerages is determined by the patent by which the peerage was created. Except in very rare cases, the patents say that the peerage should descend to heirs male of the body of the one for whom it was created. That means that ordinarily the peerage becomes extinct if the first earl, for instance, doesn’t have a son. Once in a while patent will let a brother or a nephew inherit if the man does not have a son. When Admiral Lord Nelson died without a son, his patent allowed his brother to inherit. On the other hand, and much more typical, was what happened to Admiral Lord Collingswood’s peerage. It became extinct on his death because he had only daughters.
In the event that a statute were to change the presumption of male descent with respect to the Crown, it would only be a matter of time before the eldest daughter of a peer will challenge original letters patent on the grounds that these too are unfair and out of step with the rules governing the thrown. Such a challenge would be hard to resist once male primogeniture has been abandoned with respect of the monarchy.
There is good reason to be cautious about equal absolute primogeniture with respect to peerages. It is true that under the current system a peerage may become extinct in the absence of male heirs or it may move to another branch of the family. While this may seem undesirable, the alternative is that this inheritance passes out of the family completely. Indeed, if current letters patent were to be altered by law to remove the distinction between the sexes, the title and its associated property could only then be traced in future through a complicated maze of ancestors, one generation passing perhaps through the mother, the next through the father. Without the tribal system and the periodic restructuring of the ancient Hebrew Jubilee laws, it would be difficult to ensure that property remained in the original family if daughters could succeed to a title.
As this suggests, a change in the order of succession does not just affect the Monarchy, but could have ripple effects in every dukedom, earldom, baronetcy in the land. Prince Charles is right to raise the concerns that he has.
Further Reading
- Prince Charles Warns of “Unintended Consequences” to Succession Changes
- MP Wants to Stop Princess Kate Becoming Queen
- Christian Voice Takes Stand For Male Primogeniture
- Hark what discord follows when you meddle with the monarchy
- Edmund Burke Would Not Be Pleased
- The trouble with being ‘modern’ is that you soon go out of fashion
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