| Order
of succession to the throne
An
order of succession is a device that determines the
new sovereign at the time the old sovereign dies. It
most often specifies a path to follow in the genealogical
tree from the deceased sovereign, and frequently additional
criteria is to be met by the potential successor. The
first person to be found by the algorithm is the new
sovereign.
At
any point in time, there is a sovereign, and the rule
of succession can be applied, as long as the sovereign
is alive in the following way: "if the sovereign
were to die this minute, who would succeed?" The
answer is the heir.
You
can, of course, extend this a step further, and ask
who the heir’s heir is. Basically, the question
becomes "if the sovereign and the heir were to
die this minute, who would succeed?" By extending
the question in this way, you create a "line of
succession", where the heir is number 1 (or next
in line), the heir's heir is number 2, and so forth.
The line of succession is constructed repeatedly, by
asking at each step N: "if the sovereign and the
first N-1 people in the order were to die this minute,
who would succeed?" The answer is person number
N on the list.
Because
British statutes (such as the Act of Settlement) impose
additional criteria, this process is not purely genealogical.
For each candidate found along the path in the genealogical
tree, criteria must be evaluated. If an individual may
be ineligible, in which case the individual is treated
as if he or she "were naturally dead", and
the search moves on to the next individual.
The
procedure goes something like this. If individual A
is dead or ineligible: 1. look for A's eldest-born male
B (if none born, go to 3). 2. If B is dead or ineligible,
go to 1 with "B" instead of "A".
3. If no candidate meeting the criteria is found, return
to A, to find the next eldest-born male C; use steps
1-3 with "C" instead of "A", until
a candidate is found or all of A's male children are
worn out. 4. Repeat steps 1-3 with "female"
instead of "male". 5. If no candidate has
been found thus far, go to A's royal parent D and look
for D's subsequent eldest-born male, repeating steps
1-4 with "D" in place of "A". 6.
If no candidate has been found, go to D's royal parent
E and repeat steps 1-5. 7. Persevere climbing up the
royal genealogy. If you reach step 6 with D = Electress
Sophia, there are no candidates left (Which make take
time, because there are about 4360 individuals descended
from her.
The criteria essential for a candidate are that he or
she be born in matrimony, of a marriage contracted conforming
with the Royal Marriages Act of 1772, that he or she
is not be a Roman Catholic or have married one (according
to the Act of Settlement of 1701). More specifically,
the Act recalls that the Bill of Rights of 1689 enacted
"That all and every Person and Persons that then
[in 1689] 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 to marry a
Papist should be excluded and are by that Act [the Bill
of Rights] made forever incapable to inherit possess
or enjoy the Crown"; and the Act enacts
"That all and every Person and Persons who shall
be or may take or inherit the said Crown by vertue of
the Limitation of this present Act [to Electress Sophia
and the Heirs of Her Body being Protestants] and 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 as in such Case or Cases are by
the said recited Act [the Bill of Rights]provided enacted
and established".
As
a result of this clause there is a debate of the meaning.
One interpretation is, being a Roman Catholic at the
time of succession forever results in incapacity to
succeed at that time. The other, being a Roman Catholic
at any time after 1689 ("then or afterwards")
immediately creates a perpetual incapacity to succeed
whenever the succession becomes open. Under the first
interpretation, a Roman Catholic, if he or she converts
before the crown comes to him or her, can succeed (even
if he does so the minute before). Under the second,
no matter brief that he or she is a is a Roman Catholic
they are forever excluded.
Another
source for disagreement is the phrase "marry a
Papist". Its meaning maybe straightforward, but
some think that it should be read as "being married
to a Papist". If that be the case, a man whose
deceased wife was Roman Catholic, could still succeed.
Taking it in the exact reading of the phrase, anyone
who ever marries a Roman Catholic is forever excluded.
This seems to be the reading of 8(2) Halsbury's Laws
of England par 39, which states: "a person who
is a Roman Catholic or marries a Roman Catholic, is
excluded from inheriting, possessing or enjoying the
Crown [...]".
Because
of the differences of interpretation, many individuals
have been assigned a "bis" number in the line
of succession that follows. It should be stated, however,
that such an expert in British constitutional law as
Vernon Bogdanor has written (The Monarchy and the Constitution,
p. 55): "Any member of the Royal Family who marries
a Catholic becomes ineligible to succeed. Thus when
Prince Michael of Kent [...] married a Catholic [...]
and when the Earl of St. Andrews [...] married a Catholic
[...], they lost their rights of succession, for themselves,
though not necessarily for their children."
These
people are in line of succession to the Throne. It is
limited to the first thirty-five or so in line of succession
to keep the list in a practical length.
1.
HRH The Prince of Wales (b. 1948)
2. HRH Prince William of Wales (b. 1982)
3. HRH Prince Henry of Wales (b. 1984)
4. HRH The Duke of York (b. 1960)
5. HRH Princess Beatrice of York (b. 1988)
6. HRH Princess Eugenie of York (b. 1990)
7. HRH The Earl of Wessex (b. 1964)
8. HRH The Princess Royal (b. 1950)
9. Peter Phillips (b. 1977)
10. Zara Phillips (b. 1981)
11. David Armstrong-Jones, Viscount Linley (b. 1961)
12. Hon. Charles Patrick Inigo Armstrong-Jones (b. 1999)
13. Hon. Margarita Elizabeth Alleyne Armstrong-Jones
(b. 2002)
14. Lady Sarah Chatto (b. 1964)
15. Samuel Chatto (b. 1996)
16. Arthur David Nathaniel Chatto (b. 1999)
17. HRH Prince Richard, Duke of Gloucester (b. 1944)
18. Alexander Windsor, Earl of Ulster (b. 1974)
19. Lady Davina Windsor (b. 1977)
20. Lady Rose Windsor (b. 1980)
21. HRH Prince Edward, Duke of Kent (b. 1935)
Lady Marina-Charlotte Windsor (b. 1992)
22. Lady Amelia Windsor (b. 1995)
Lady Helen Taylor (b. 1964)
23. Columbus Taylor (b. 1994)
24. Cassius Taylor (b. 1996)
25. Eloise Taylor (b. 2003)
bis. HRH Prince Michael of Kent
26. Lord Frederick Windsor (b. 1979)
27. Lady Gabriella Windsor (b. 1981)
28. HRH Princess Alexandra, the Honorable Lady Ogilvy
(1936)
29. James Ogilvy (b. 1964)
30. Alexander Ogilvy (b. 1996)
31. Flora Ogilvy (b. 1994)
32. Marina Mowatt (b. 1966)
33. Christian Mowatt (b. 1993)
34. Zenouska Mowatt (b. 1990)
Notes:
1. The Duke of Kent's elder son, George Windsor, Earl
of St. Andrews (the father of three next persons in
the line), could not presently succeed because of his
marriage to Sylvana Tomaselli, a Roman Catholic. George's
children, however, could succeed as long as they are
not Roman Catholics themselves.
The duchess of Kent converted to the Roman Catholic
faith on Jan 14, 1994. This does not affect the rights
of the duke of Kent.
2.
The Earl of St. Andrews's son, Lord Downpatrick, converted
to the Roman Catholic faith on May 4, 2003.
3.
Lord Nicholas Windsor converted to the Roman Catholic
faith around Easter 2001.
4.
The father of Lord Frederick and Lady Gabriella Windsor,
Prince Michael of Kent, could not presently succeed
because of his marriage to Baroness Marie-Christine
von Reibnitz, a Roman Catholic. Prince Michael's children,
however, could succeed as long as they are not Roman
Catholics themselves.
The line of succession has a legal meaning. It is referred
to (but not defined) in the Regency Act 1937, by which
an eventual Regent is chosen to be the next in line
of succession, subject to the exclusions of section
2 of the Act of Settlement as recalled above, and other
conditions (being a British citizen of full age, residing
in the UK, holding Communion with the Church of England);
and by which the sovereign can temporarily delegate
his or her powers to a group of people consisting of
his or her spouse, and the next four persons in the
line of succession who satisfy the conditions to be
regent.
In general terms, the modern rules for eligibility as
an heir or heiress are (adapted from "The Royal
Line of Succession: From William the Conqueror to Prince
William of Wales", compiled by John Butcher, edited
by Sir Iain Moncreiffe of that Ilk, Harmondsworth, Middlesex:
Penguin Books Ltd., 1983):
1.
the reigning sovereign's sons (and their sons then daughters),
then daughters (and their sons then daughters), in order
of their birth; if a child dies or is already dead,
it passes to that child's sons then daughters, in order
of their birth
2.
if the reigning sovereign has no descendants, the line
passes to either his younger brothers (if he's a king),
then sisters, in order of their birth; if the sibling
dies or is already dead, it passes to that sibling's
sons, then daughters, in order of their birth; or, to
her younger sisters (if she is a queen), in order of
their birth; if the sister dies or is already dead,
then it passes to that sister's sons, then daughters,
in order of their birth
3.
if there are no descendants of the sovereign's lineal
parent, the line passes to that parent's brothers or
sisters; so on and so forth
4.
no one born out of wedlock or born to an eligible parent
whose marriage contravenes the Royal Marriages Act of
1772 can be in line of succession
5.
no one who is, or becomes, or marries a Roman Catholic
(according to the Act of Settlement 1701) can be in
line of succession
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