Succession to the British throne

In 1485, Henry Tudor, a female-line descendant of a legitimated branch of the royal house of Lancaster, the House of Beaufort, assumed the English crown as Henry VII, after defeating Richard III, who was killed at the battle of Bosworth when leading a charge against Henry's standard. Richard was the last king of the House of York, and the last of the Plantagenet dynasty. Henry declared himself king retroactively from 21 August 1485, the day before his victory over Richard at Bosworth Field,[8] and caused Richard's Titulus Regius to be repealed and expunged from the Rolls of Parliament.[9] After Henry's coronation in London in October that year, his first parliament, summoned to meet at Westminster in November, enacted that "the inheritance of the crown should be, rest, remain and abide in the most royal person of the then sovereign lord, King Henry VII, and the heirs of his body lawfully coming."[10]

Henry VII was followed by his son, Henry VIII. Though his father descended from the Lancastrians, Henry VIII could also claim the throne through the Yorkist line, as his mother Elizabeth was the sister and heiress of Edward V. In 1542 Henry also assumed the title King of Ireland; this would pass down with the monarchs of England, and later Great Britain, until the Acts of Union 1800 merged the separate crowns into that of the United Kingdom.

Henry VIII's numerous marriages led to several complications over succession. Henry VIII was first married to Catherine of Aragon, by whom he had a daughter named Mary. His second marriage, to Anne Boleyn, resulted in a daughter named Elizabeth. Henry VIII had a son, Edward, by his third wife, Jane Seymour. An Act of Parliament passed in 1533 declared Mary illegitimate; another passed in 1536 did the same for Elizabeth. Though the two remained illegitimate, an Act of Parliament passed in 1544 allowed reinserting them, providing further "that the King should and might give, will, limit, assign, appoint or dispose the said imperial Crown and the other premises … by letters patent or last will in writing." Mary and Elizabeth, under Henry VIII's will, were to be followed by descendants of the King's deceased sister Mary Tudor, Duchess of Suffolk (he, however, excluded his niece Frances Brandon, Duchess of Suffolk). This will also excluded from the succession the descendants of Henry's eldest sister Margaret Tudor, who were the rulers of Scotland.

Queen Elizabeth I enthroned in Parliament

When Henry VIII died in 1547, the young Edward succeeded him, becoming Edward VI. Edward VI was the first Protestant Sovereign to succeed to the rule of England. He attempted to divert the course of succession in his will to prevent his Catholic half-sister, Mary, from inheriting the throne. He excluded Mary and Elizabeth, settling on the Duchess of Suffolk's daughter, Lady Jane Grey. Jane was also originally excluded on the premise that no woman could reign over England. Nonetheless, the will, which originally referred to Jane's heirs-male, was amended to refer to Jane and her heirs-male. Upon Edward VI's death in 1553, Jane was proclaimed Queen of England and Ireland. She was not universally recognised and after nine days she was overthrown by the popular Mary. As Henry VIII's will had been approved by an act of Parliament in 1544, Edward's contravening will was unlawful and ignored.

Mary was succeeded by her half-sister, Elizabeth, who broke with the precedents of many of her predecessors, and refused to name an heir. Whilst previous monarchs (including Henry VIII) had specifically been granted authority to settle uncertain successions in their wills, the Treasons Act 1571 asserted that Parliament had the right to settle disputes, and made it treason to deny Parliamentary authority. Wary of threats from other possible heirs, Parliament further passed the Act of Association 1584, which provided that any individual involved in attempts to murder the Sovereign would be disqualified from succeeding. (The Act was repealed in 1863.)

The House of Stewart (later Stuart) had ruled in Scotland since 1371. It had followed strict rules of primogeniture until the deposition and exile of Mary I in 1567; even then she was succeeded by her son, James VI.

Elizabeth I of England and Ireland was succeeded by King James VI of Scotland, her first cousin twice removed, even though his succession violated Henry VIII's will, under which Lady Anne Stanley, heiress of Mary Tudor, Duchess of Suffolk, was supposed to succeed. James asserted that hereditary right was superior to statutory provision, and as King of Scotland was powerful enough to deter any rival. He reigned as James I of England and Ireland, thus effecting the Union of the Crowns, although England and Scotland remained separate sovereign states until 1707. His succession was rapidly ratified by Parliament.[11]

Principal members of the house of Stuart following the 1603 Union of the Crowns.

James's eldest surviving son and successor, Charles I, was overthrown and beheaded in 1649. The monarchy itself was abolished. A few years later, it was replaced by the Protectorate under Oliver Cromwell, effectively a monarch with the title of Lord Protector rather than King. Cromwell had the right to name his own successor, which he exercised on his deathbed by choosing his son, Richard Cromwell. Richard was ineffective, and was quickly forced from office. Shortly afterwards, the monarchy was restored, with Charles I's son Charles II as King.

After the death of her last child in 1700, Princess Anne became the last individual left in the line of succession determined by the Bill of Rights.

James II and VII, a Roman Catholic, followed his brother Charles II, despite efforts in the late 1670s to exclude him in favour of Charles's illegitimate Protestant son, the Duke of Monmouth. James was deposed when his Protestant opponents forced him to flee from England in 1688. Parliament then deemed that James had, by fleeing the realms, abdicated the thrones and offered the Crowns not to the King's infant son James but to his Protestant daughter Mary and to her husband William, who as James's nephew was the first person in the succession not descended from him. The two became joint Sovereigns (a unique circumstance in British history) as William III of England and Ireland (and II of Scotland) and Mary II of England, Scotland and Ireland. William had insisted on this unique provision as a condition of his military leadership against James.

The English Bill of Rights and the Scottish Claim of Right Act, both passed in 1689, determined succession to the English, Scottish and Irish Thrones. First in the line were the descendants of Mary II. Next came Mary's sister Princess Anne and her descendants. Finally, the descendants of William by any future marriage were added to the line of succession. Only Protestants were allowed to succeed to the Thrones, and those who married Roman Catholics were excluded.

After Mary II died in 1694, her husband continued to reign alone until his own death in 1702. The line of succession provided for by the Bill of Rights was almost at an end; William and Mary never had any children, and Princess Anne's children had all died. Therefore, Parliament passed the Act of Settlement. The Act maintained the provision of the Bill of Rights whereby William would be succeeded by Princess Anne and her descendants, and thereafter by his own descendants from future marriages. The Act, however, declared that they would be followed by James I & VI's granddaughter Sophia, Electress Dowager of Hanover (the daughter of James's daughter Elizabeth Stuart), and her heirs. As under the Bill of Rights, non-Protestants and those who married Roman Catholics were excluded. Because Sophia was a foreign citizen, Parliament passed the Sophia Naturalization Act 1705 to make her and her descendants English nationals and therefore eligible for the throne.[12]

Electress Sophia of Hanover (1630–1714)

Upon William's death, Anne became Queen of England, Scotland and Ireland. Because the Parliament of England settled on Sophia as Anne's heir-presumptive without consulting Scottish leaders, the Estates of Scotland retaliated by passing the Scottish Act of Security. The Act provided that, upon the death of Anne, the Estates would meet to select an heir to the throne of Scotland, who could not be the same person as the English Sovereign unless numerous political and economic conditions were met. Anne originally withheld the Royal Assent, but was forced to grant it when the estates refused to raise taxes and sought to withdraw troops from the queen's army. England's Parliament responded by passing the Alien Act 1705, which threatened to cripple Scotland's economy by cutting off trade with them. Thus, Scotland had little choice but to unite with England to form the Kingdom of Great Britain in 1707; the crown of the new nation (along with the crown of Ireland) was subject to the rules laid down by the English Act of Settlement.

Benjamin Harris's Protestant Tutor, a primer popular for decades and the source for the New England Primer. Edition of 1713. Hanoverian propaganda extended to books for children's education.

Anne was predeceased by Sophia, Electress Dowager of Hanover, and was therefore succeeded by the latter's son, who became George I in 1714.

Attempts were made in the risings of 1715 and 1745 to restore Stuart claimants to the Throne, supported by those who recognised the Jacobite succession. The House of Hanover nonetheless remained undeposed, and the Crown descended in accordance with the appointed rules. In 1801, following the Acts of Union 1800, the separate crowns of Great Britain and Ireland were merged and became the United Kingdom of Great Britain and Ireland. Between 1811 and 1820, when George III was deemed unfit to rule, the Prince of Wales (later George IV) acted as his regent. Some years later the Regency Act 1830 made provision for a change in the line of succession had a child been born to William IV after his death, but this event did not come about.

George VI receiving homage at his coronation in 1937

On the death of William IV in 1837, his 18-year-old niece Victoria succeeded to the throne. After a 63-year reign, often known as the Victorian era, she was succeeded in 1901 by her eldest son Edward VII. On his death, his second son acceded to the throne as George V (Edward's first son Prince Albert Victor died during an influenza pandemic in 1892).

Edward VIII was proclaimed King on the death of his father, George V, in January 1936,[13] Edward opened Parliament in November, but abdicated in December 1936, and was never crowned. Edward had desired to marry Wallis Simpson, a divorcee, but the Church of England, of which the British Sovereign is Supreme Governor, would not authorize the marriage of divorcees. Consequently, Parliament passed His Majesty's Declaration of Abdication Act 1936, by which Edward VIII ceased to be Sovereign "immediately upon" his royal assent as King being signified in Parliament on 11 December. The Act provided that he and his descendants, if any, were not to have any "right, title or interest in or to the succession to the Throne". Edward died childless in 1972.

Edward's abdication was "a demise of the Crown" (in the words of the Act), and the Duke of York, his brother who was then next in the line, immediately succeeded to the throne and to its "rights, privileges, and dignities", taking the regnal name George VI. He in turn was succeeded in 1952 by his elder daughter, Elizabeth II. By that time the monarch of the United Kingdom no longer reigned in the greater part of Ireland (which had become a republic in 1949), but was the monarch of a number of independent sovereign states (Commonwealth realms).

Elizabeth II at her coronation in 1953, passing to the left of the Coronation Chair

By the terms of the Statute of Westminster 1931, each of the Commonwealth realms has the same person as monarch and, to maintain that arrangement, they have agreed to continue the same line of succession; some realms do so through domestic succession laws, while others stipulate whoever is monarch of the United Kingdom will also be monarch of that realm. In February 1952, on her accession, Elizabeth II was proclaimed as sovereign separately throughout her realms. In October 2011, the heads of government of all 16 realms agreed unanimously at a meeting held in Perth, Western Australia, to proposed changes to the royal succession laws that would see the order of succession for people born after 28 October 2011 governed by absolute primogeniture—wherein succession passes to an individual's children according to birth order, regardless of sex—instead of male-preference primogeniture. They also agreed to lift a ban on those who marry Roman Catholics. The ban on Catholics themselves was retained to ensure that the monarch would be in communion with the Church of England.[14] The changes came into effect across the Commonwealth realms on 26 March 2015, after legislation was made according to each realm's constitution.[15][16]

Following the changes coming into effect, the positions of the first 27 in line remained unchanged, including Princess Anne and her children and grandchildren, until the birth of Princess Charlotte of Cambridge on 2 May 2015. The first to be affected by the changes, on the day they came into effect in March, were the children of Lady Davina Lewis—her son Tāne (born 2012) and her daughter Senna (born 2010)—who were reversed in the order of succession, becoming 29th and 28th in line respectively.[17]

The Act of Settlement 1701 provides that Protestant "heirs of the body" (that is, legitimate descendants) of Sophia, Electress of Hanover, are eligible to succeed to the throne, unless otherwise disqualified. The meaning of heir of the body is determined by the common law rules of male preference primogeniture (the "male-preference" criterion is no longer applicable, in respect of succession to the throne, to persons born after 28 October 2011), whereby older children and their descendants inherit before younger children, and a male child takes precedence over a female sibling.[18] Children born out of wedlock and adopted children are not eligible to succeed. Illegitimate children whose parents subsequently marry are legitimated, but remain ineligible to inherit the Crown.[n 4]

The Royal Marriages Act 1772 (repealed by the Succession to the Crown Act 2013) further required descendants of George II to obtain the consent of the reigning monarch to marry. (The requirement did not apply to descendants of princesses who married into foreign families, as well as, from 1936, any descendants of Edward VIII,[n 5] of whom there are none.) The Act provided, however, that if a dynast older than twenty-five years notified the Privy Council of his or her intention to marry without the consent of the Sovereign, then he or she may have lawfully done so after one year, unless both houses of Parliament expressly disapproved of the marriage. A marriage that contravened the Royal Marriages Act was void, and the resulting offspring illegitimate and thus ineligible to succeed, though the succession of the dynast who failed to obtain consent was not itself affected. This also had the consequence that marriage to a Roman Catholic without permission was void, so that the dynast was not disqualified from succeeding on account of being married to a Roman Catholic. Thus when the future George IV attempted to marry the Roman Catholic Maria Fitzherbert in 1785 without obtaining permission from George III he did not disqualify himself from inheriting the throne in due course.[2] A marriage voided by the 1772 act prior to its repeal remains void "for all purposes relating to the succession to the Crown" under the 2013 act.[19]

The constitutional crisis arising from Edward VIII's decision to marry a divorcee in 1936 led to His Majesty's Declaration of Abdication Act 1936, which provided that Edward VIII and his descendants would have no claim to the throne.[20] The Act is no longer applicable, because Edward died in 1972 without issue.

Under the 2013 Succession to the Crown Act, the first six persons in line to the throne must obtain the sovereign's approval before marrying.[19] Marriage without the Sovereign's consent disqualifies the person and the person's descendants from the marriage from succeeding to the Crown,[19] but the marriage is still legally valid.

Rules relating to eligibility established by the Bill of Rights are retained under the Act of Settlement. The preamble to the Act of Settlement notes that the Bill of Rights provides "that all and every person and persons that then [at the time of the Bill of Right's passage] were, or afterwards should be reconciled to, or shall hold communion with the See or Church of Rome, or should profess the popish religion, or marry a papist, should be excluded."[21] The Act of Settlement continues, providing "that all and every Person and Persons who shall … 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 shall be subject to such Incapacities"[22] as the Bill of Rights established. The clause precludes a Roman Catholic from succeeding to the throne.

Under the Act of Settlement, the monarch is required to be in communion with the Church of England,[1] so it is not only Catholics who are barred from the throne.

The Act of Settlement further provided that anyone who married a Roman Catholic was ineligible to succeed. The Act did not require that the spouse be Anglican; it only barred those who marry Roman Catholics. The Succession to the Crown Act 2013 removed the ban on individuals who marry Roman Catholics, though not on Roman Catholics themselves, because the monarch is Supreme Governor of the Church of England.

Under the Treason Act 1702 and the Treason (Ireland) Act 1703, it is treason to "endeavour to deprive or hinder any person who shall be the next in succession to the crown ... from succeeding ... to the imperial crown of this realm". Since the Crime and Disorder Act 1998, the maximum penalty has been life imprisonment.