Third Succession Act
Encyclopedia
The Third Succession Act of Henry VIII
's reign was passed by the Parliament of England
in July 1543, and returned both Mary
and Elizabeth
to the line of the succession behind Prince Edward
.
The Act was formally titled the Succession to the Crown Act 35 Hen. VIII c.1, and is also known as "Act of Succession 1543". Statutes only take effect from their receiving the royal assent, and are thus usually dated according to that year. The royal assent was given to this bill in the spring of 1544 with the conclusion of the 1543/1544 Parliament. The Act is therefore also often dated 1544. It superseded the First Succession Act (1533) and the Second Succession Act
(1536), whose effect was to declare both Mary and Elizabeth bastards, and allow Henry to name his own successor. When Henry's son Prince Edward
was born in 1537, he then became the heir to the throne. This new act, returned both of Henry's daughters Mary
and Elizabeth
to the line of succession, behind Edward, any potential children of his, and any potential children of Henry by his current wife Catherine Parr
.
With the 1536 Act, Henry VIII was authorised to dispose of the Crown by letters patent
or by will, in default of any legitimate heirs. This means that the place in the succession for Mary and/or Elizabeth remained doubtful. Henry's actual will (1547) simply confirmed their position as outlined in the 1543/4 Statute. Mary and Elizabeth, who had both been declared illegitimate and incapable to inherit, expressly remained so in the 1543/4 Act; they were only capacitated to succeed to the Crown (with several provisos, such as they could not marry without the Privy Council
's approval).
The Treason Act 1547
made it high treason
to interrupt the line of succession to the throne established by the Act of Succession. Edward VI meant to bypass this Act in his "Devise for the Succession", issued as letters patent on 21 June 1553, by naming Lady Jane Grey
as his successor in place of Mary. Prevailing over Lady Jane Grey, Mary ascended the throne per the terms of the Third Succession Act.
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
's reign was passed by the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
in July 1543, and returned both Mary
Mary I of England
Mary I was queen regnant of England and Ireland from July 1553 until her death.She was the only surviving child born of the ill-fated marriage of Henry VIII and his first wife Catherine of Aragon. Her younger half-brother, Edward VI, succeeded Henry in 1547...
and Elizabeth
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
to the line of the succession behind Prince Edward
Edward VI of England
Edward VI was the King of England and Ireland from 28 January 1547 until his death. He was crowned on 20 February at the age of nine. The son of Henry VIII and Jane Seymour, Edward was the third monarch of the Tudor dynasty and England's first monarch who was raised as a Protestant...
.
The Act was formally titled the Succession to the Crown Act 35 Hen. VIII c.1, and is also known as "Act of Succession 1543". Statutes only take effect from their receiving the royal assent, and are thus usually dated according to that year. The royal assent was given to this bill in the spring of 1544 with the conclusion of the 1543/1544 Parliament. The Act is therefore also often dated 1544. It superseded the First Succession Act (1533) and the Second Succession Act
Second Succession Act
The Second Succession Act of Henry VIII's reign was passed by the Parliament of England in June 1536, removing both Mary and Elizabeth from the line of the succession. The Act was formally titled "An Act concerning the Succession of the Crown"...
(1536), whose effect was to declare both Mary and Elizabeth bastards, and allow Henry to name his own successor. When Henry's son Prince Edward
Edward VI of England
Edward VI was the King of England and Ireland from 28 January 1547 until his death. He was crowned on 20 February at the age of nine. The son of Henry VIII and Jane Seymour, Edward was the third monarch of the Tudor dynasty and England's first monarch who was raised as a Protestant...
was born in 1537, he then became the heir to the throne. This new act, returned both of Henry's daughters Mary
Mary I of England
Mary I was queen regnant of England and Ireland from July 1553 until her death.She was the only surviving child born of the ill-fated marriage of Henry VIII and his first wife Catherine of Aragon. Her younger half-brother, Edward VI, succeeded Henry in 1547...
and Elizabeth
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
to the line of succession, behind Edward, any potential children of his, and any potential children of Henry by his current wife Catherine Parr
Catherine Parr
Catherine Parr ; 1512 – 5 September 1548) was Queen consort of England and Ireland and the last of the six wives of King Henry VIII of England. She married Henry VIII on 12 July 1543. She was the fourth commoner Henry had taken as his consort, and outlived him...
.
With the 1536 Act, Henry VIII was authorised to dispose of the Crown by letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
or by will, in default of any legitimate heirs. This means that the place in the succession for Mary and/or Elizabeth remained doubtful. Henry's actual will (1547) simply confirmed their position as outlined in the 1543/4 Statute. Mary and Elizabeth, who had both been declared illegitimate and incapable to inherit, expressly remained so in the 1543/4 Act; they were only capacitated to succeed to the Crown (with several provisos, such as they could not marry without the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
's approval).
The Treason Act 1547
Treason Act 1547
The Treason Act 1547 was an Act of the Parliament of England. It is mainly notable for being the first instance of the rule that two witnesses are needed to prove a charge of treason, a rule which still exists today in the United States Constitution.-Abolition of new offences:During the reign of...
made it high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
to interrupt the line of succession to the throne established by the Act of Succession. Edward VI meant to bypass this Act in his "Devise for the Succession", issued as letters patent on 21 June 1553, by naming Lady Jane Grey
Lady Jane Grey
Lady Jane Grey , also known as The Nine Days' Queen, was an English noblewoman who was de facto monarch of England from 10 July until 19 July 1553 and was subsequently executed...
as his successor in place of Mary. Prevailing over Lady Jane Grey, Mary ascended the throne per the terms of the Third Succession Act.
See also
- First Succession Act (Succession to the Crown Act 1533)
- Act Respecting the Oath to the Succession (Succession to the Crown Act 1534)
- Second Succession ActSecond Succession ActThe Second Succession Act of Henry VIII's reign was passed by the Parliament of England in June 1536, removing both Mary and Elizabeth from the line of the succession. The Act was formally titled "An Act concerning the Succession of the Crown"...
(Succession to the Crown: Marriage Act 1536) - Line of succession to the British throneLine of succession to the British ThroneThe line of succession to the British throne is the ordered sequence of those people eligible to succeed to the throne of the United Kingdom and the other 15 Commonwealth realms. By the terms of the Act of Settlement 1701, the succession is limited to the descendants of the Electress Sophia of...
- Alternative successions of the English crown