Act of Parliament | |
Long title | Act for the Security of the Kingdom. |
---|---|
Citation | 1704 c. 3 [12mo ed: c. 3] |
Other legislation | |
Repealed by | Repeal of Certain Scotch Acts 1707 |
Status: Repealed |
The Act of Security 1704 (c. 3), also referred to as the Act for the Security of the Kingdom, was a response by the Parliament of Scotland to the Parliament of England's Act of Settlement 1701. Queen Anne's last surviving child, William, Duke of Gloucester, had died in 1700, and both parliaments needed to find a Protestant successor. The English Parliament had settled on Electress Sophia of Hanover, granddaughter of King James VI and I, without consulting the Scottish Parliament.
The response of the Scottish Parliament was to pass a bill in 1703 [1] requiring that, on the death of Queen Anne without issue, the three Estates of the Parliament were to appoint a Protestant successor from the descendants of the Scottish kings, but not the English successor unless various economic, political and religious conditions were met. The bill was refused royal assent by the Lord High Commissioner to the Parliament of Scotland.
The following year, 1704, the bill became an act after the Scottish Parliament refused to raise taxes and sought to withdraw troops from the Duke of Marlborough's army in the War of the Spanish Succession unless royal assent was given.
The English Parliament retaliated with the Alien Act 1705, [2] threatening to cut trade and free movement between the two countries, [1] unless negotiations opened leading either to the repeal of the Act of Security, or (as in the event happened) to an Act of Union. The result was the Union of England and Scotland into the Kingdom of Great Britain in 1707, approximately one hundred years after the Union of the Crowns.
The Parliament of Great Britain passed an act, the Repeal of Certain Scotch Acts 1707 (6 Ann. c. 32) explicitly repealing this act together with the Act anent Peace and War.
The Act of Settlement 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 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 the throne as King George I, starting the Hanoverian dynasty in Britain.
The Acts of Union refer to two Acts of Parliament, one by the Parliament of England in 1706, the other by the Parliament of Scotland in 1707. They put into effect the Treaty of Union agreed on 22 July 1706, which merged the previously separate Kingdom of England and Kingdom of Scotland into a single Kingdom of Great Britain, with Queen Anne as its sovereign. The Acts took effect on 1 May 1707, creating the Parliament of Great Britain, based in the Palace of Westminster.
Anne was Queen of England, Scotland, and Ireland from 8 March 1702, and Queen of Great Britain and Ireland following the ratification of the Acts of Union 1707 merging the kingdoms of Scotland and England, until her death in 1714.
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the form of government used by the United Kingdom by which a hereditary monarch reigns as the head of state, with their powers regulated by the British Constitution. The term may also refer to the role of the royal family within the UK's broader political structure. The monarch since 8 September 2022 is King Charles III, who ascended the throne on the death of Queen Elizabeth II, his mother.
The Alien Act 1705 was a law passed by the Parliament of England in February 1705, as a response to the Parliament of Scotland's Act of Security 1704, which in turn was partially a response to the English Act of Settlement 1701. Lord Godolphin, the Lord High Treasurer, was instrumental in the Union of 1707 and all the acts leading up to it. The Alien Act was passed to prevent the inconveniences that would occur hastily if these two Kingdoms were not to become one Union.
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.
The Regency Acts are Acts of the Parliament of the United Kingdom passed at various times, to provide a regent in the event of the reigning monarch being incapacitated or a minor. Prior to 1937, Regency Acts were passed only when necessary to deal with a specific situation. In 1937, the Regency Act 1937 made general provision for a regent, and established the office of Counsellor of State, a number of whom would act on the monarch's behalf when the monarch was temporarily absent from the realm or experiencing an illness that did not amount to legal incapacity. This Act, as modified by the Regency Acts of 1943 and 1953, forms the main law relating to regency in the United Kingdom today.
The Scottish Militia Bill 1708 was a bill that was passed by the House of Commons and House of Lords of the Parliament of Great Britain in early 1708. However, on 11 March 1708, Queen Anne withheld royal assent on the advice of her ministers for fear that the proposed militia would be disloyal. This was due to the sudden appearance of a Franco-Jacobite invasion fleet en route to Scotland which gave ministers second thoughts, at the last minute, about allowing it to reach the statute books. As of 2024, it is the last occasion on which the royal veto has been used in Great Britain or the United Kingdom.
The Treaty of Union is the name usually now given to the treaty which led to the creation of the new state of Great Britain. The treaty united the Kingdom of England and the Kingdom of Scotland to be "United into One Kingdom by the Name of Great Britain". At the time it was more often referred to as the Articles of Union.
Events from the year 1704 in the Kingdom of Scotland.
Events from the year 1703 in the Kingdom of Scotland.
The Succession to the Crown Act 1707 is an act of Parliament of the Parliament of Great Britain. It is still partly in force in Great Britain.
The Protestant Religion and Presbyterian Church Act 1707 is an Act of the pre-Union Parliament of Scotland which was passed to ensure that the status of the Church of Scotland would not be affected by the Union with England. Its long title is An Act for Securing the Protestant Religion and Presbyterian Church Government.
The Act anent Peace and War was an act of the Parliament of Scotland passed in 1703.
The Regency Act 1705 was an Act of Parliament of the Parliament of England.
Parliamentary sovereignty is an ancient concept central to the functioning of the constitution of the United Kingdom but which is also not fully defined and has long been debated. Since the subordination of the monarchy under parliament, and the increasingly democratic methods of parliamentary government, there have been the questions of whether parliament holds a supreme ability to legislate and whether or not it should.
The Succession to the Crown Act 2013 is an Act of the Parliament of the United Kingdom that altered the laws of succession to the British throne in accordance with the 2011 Perth Agreement. The Act replaced male-preference primogeniture with absolute primogeniture for those in the line of succession born after 28 October 2011, which means the eldest child, regardless of gender, precedes any siblings. The Act also repealed the Royal Marriages Act 1772, ended disqualification of a person who married a Roman Catholic from succession, and removed the requirement for those outside the first six persons in line to the throne to seek the Sovereign's approval to marry. It came into force on 26 March 2015, at the same time as the other Commonwealth realms implemented the Perth Agreement in their own laws.
The 1st Parliament of Queen Anne was summoned by Queen Anne of England on 2 July 1702 and assembled on 20 August 1702. Its composition was 298 Tories, 184 Whigs and 31 others, representing a large swing to the Tories since the previous election. Robert Harley, the member for Radnor, was re-elected Speaker of the House of Commons.
James Oswald was a Burgh Commissioner of the Parliament of Scotland, 1703-1707, representing Kirkcaldy and, later, the Member of Parliament for Dysart Burghs in the House of Commons of Great Britain.