Why the Queen cannot give the throne to the Duke of Cambridge.

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Act of Settlement 1701, Edward VI, Elizabeth II, Henry IV, Kingdom of England, Louis XIV of France, Parliament, Prince Charles, Prince William of Wales, The Duke of Cambridge

Frequently on social media I will see posts by people that think the Queen should give the throne to the Duke of Cambridge, bypassing the Prince of Wales. These people generally are not fans of the Prince of Wales and the Duchess of Cornwall. The Queen has no power to give the crown to anyone. She cannot bypass the Prince of Wales and give the crown to the Duke of Cambridge. The succession to the throne is regulated by Parliament and this authority has been in the hands of Parliament for centuries. Therefore, it would take an Act of Parliament to alter the succession and remove the Prince of Wales from his rightful place in the order of the succession. There is no plans to do so, nor is there any reason or need to alter the succession.

Even during the reigns of the Saxon kings the power to regulate or name your successor was not in the hands of the monarch. That power was in the hands of the Witenagemot (Witan) a council of elders. At the time the English kingship was elective and semi-hereditary. The Witenagemot had the power to name and elect the king and although they limited their choices to the House of Wessex, they would often select a brother of the pervious King especially if the king left children too young to reign.

In 1066 when William I “the Conqueror” became king he abolished the Witenagemot and held the power and right to name his successor. Although the king did hold this power, the will of the king was not always followed. Case in point was Henry I of England (1100-1134) who named his daughter, the Empress Matilda, as his successor. However, despite the Barons swearing an oath to uphold the succession of the Empress Matilda, this oath was ignored upon King Henry’s death allowing the King’s nephew, Count Stephen of Blois, to usurp the throne and plunging England into many years of civil war.

Eventually the crown evolved into the male preferred primogeniture that remained up until recently which ended with the Crown Act of 2013 and left the succession to the Crown to the eldest child regardless of gender. Also, concurrent with the settling into the tradition of male preferred primogeniture, came the rise of Parliament which also tried influence the crown in matters of succession. When Henry IV (1399-1412) usurped the crown from Richard II (1377-1399) he had his kingship sanctioned by Parliament to give his reign legal status.

Even when monarchs such as Henry VIII (1509-1547) and his son Edward VI (1547-1553) tried to alter the succession they were unable to assert their will without Parliamentary approval. Henry tried to exclude the descendants of the union of his sister Margaret to King James IV of Scotland and Edward tried to bypass his sister Mary and give the throne to his cousin, Lady Jane Grey. In each case Parliament either ignored the king’s will, as was the case with the union of Margaret to King James IV of Scotland, and Parliament did not sanction altering the succession that Edward VI attempted. This was another reason Lady Jane is considered a usurper.

Queen Elizabeth I (1558-1603) was the last monarch who had power to name her successor given the fact that she left no heir. This was a power she refused to use as she did not name her successor, although historians debate whether or not she did name her distant cousin, King James VI of Scotland, as her successor. In 1679 King Charles II of England, Scotland and Ireland actually stopped Parliament from removing his brother, James, Duke of York from the succession due to his Catholicism via the Exclusion Bill. The almost lead to another English civil war.

The Duke of York became King James II-VII of England, Scotland and Ireland in 1685 and it was his abandonment of the throne in 1688 which lead to Parliament calling William III of Orange and Princess Mary, daughter of the deposed king, to the throne which they held jointly. This was made legal with the passing of the English Bill of Rights in 1689. With the Passing of the Act of Settlement in 1701, which regulated the throne to the Protestant descendants of the Electress Sophia of Hanover, Parliament has held the power to regulate the succession to the crown ever since.

Although not England, even the great powerful Louis XIV of France and Navarre (1643-1715), an absolute monarch, was unable to alter the succession to the French throne when he wanted to give succession rights to his legitimized children after the Princes of the Blood. This demonstrates how difficult it is for a monarch to alter the succession to the crown.

I hope this short history lesson demonstrates why the Queen cannot alter the succession to the crown by giving the throne to the Duke of Cambridge bypassing the Prince of Wales.

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Legal Succession: Henry VII part 2

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Battle of Bosworth Field, Duke of Lancaster, Earl of Richmond, England, Henry IV, Henry Tudor, Henry VII of England, House of Lancaster, House of York, John of Gaunt, Kings and Queens of England, Richard II, War of the Roses

As we saw in the last installment Henry Tudor, Earl of Richmond, had a tenuous claim to the English throne. As descendents of John of Gaunt, Duke of Lancaster (son of Edward III) via a third marriage which later legitimized his children, Henry Tudor’s line once had succession rights but those rights were then legally removed. As I mentioned before, the victors  get to rewrite the rules and this is evident in the rise to the throne of Henry VII.

With the death of Henry VI and the death of his son, Edward, Prince of Wales, the collateral branch of the Plantagenet, known as the House of Lancaster had come to an end. However, there were other descendants of John of Gaunt, Duke of Lancaster to take up the Lancastrian claims. The Beaufort House, from John of Gaunt’s third marriage, were given the title Duke of Somerset and after the extinction of the male line only the female line remained, represented by Lady Margaret Beaufort and her son Henry Tudor. The year after the Battle of Tewkesbury Lady Margaret married Lord Stanley, who had been a devoted supported of King Edward IV. Stanley did not support Richard III and instrumental in putting Henry Tudor on the throne.

It was the defeat of Richard III at the Battle of Bosworth Field in August of 1485 that placed the new Tudor Dynasty on the throne. Ever since Henry IV usurped the throne from Richard II in 1399 the legality of all the subsequent kings has been a pretty messy situation. Although Henry had a slim blood claim to the throne his legal standing was even weaker given that his line had lost its succession rights. Therefore, his succession to the throne was more of a conquest than a usurpation.

One of the things the new Henry VII did was to unite the warring factions while also strengthening his position on the throne. To do that he desired to marry Elizabeth of York, daughter of King Edward IV. This would unite both the houses of York and Lancaster. However there was some resistance to that. Those that were against the union claimed that Richard III’s Act of Parliament, Titulus Regius, that had declared the marriage of Edward IV and Elizabeth Woodville invalid and the children illegitimate still stood as law. Henry VII disagreed with that position and had the act repealed. When he was crowned Henry VII took the throne not as a conqueror but as a legitimate descendant of John of Gaunt.

Henry and Elizabeth married on January 18, 1486. Their first son, Arthur, born on September 20, 1486 had a strong blood and legal claim to the throne. He was a descendant of the now legal King Henry VII of England and he was a multiple descendant of Edward III and heir to both the houses of York and Lancaster.

As we shall see in the next section of this series Arthur never lived to become king and the throne passed to his brother who became King Henry VIII of England. Although the succession of Henry VII and his marriage to Elizabeth of York ended the Dynastic Wars struggles for the throne would also plague the Tudor Dynasty.

Legal Succession: Henry VII Part One.

Tags

Buckingham Palace, Constance of Castile, Duke of Lancaster, Henry III of Castile, Henry IV, Henry VII of England, King Richard III of England, Kings and Queens of England, Letters Patent 1397, Pope Eugene IV, War of the Roses

This is the Legal succession issue which inspired me to do this series. It is complex so I will divide it into a couple of blog entries.

Many know that Richard III was killed at Bosworth Field on August 22 1485 in the last battle of the War of the Roses and that the victor on the field of battle, Henry Tudor, Earl of Richmond, a scion of the House of Lancaster, mounted the English throne to become King Henry VII. The question I ask is, did Henry VII have any legal claims to the throne? Was he a usurper or did he obtain the crown by conquest? My assertion is that his blood claim to the throne was weak, there were many ahead of him in the order of succession, therefore that he obtained the throne by right of conquest.

First of all I would like to examine his blood claim to the throne of England. His claim to the throne begins with his descent from King Edward III via his son, John of Gaunt, Duke of Lancaster. As we have already seen The House of Lancaster came to power when Henry IV usurped the throne from Richard II in 1399. Henry IV was the son of John of Gaunt, Duke of Lancaster and his first wife, Blanch of Lancaster. John of Gaunt, Duke of Lancaster, married a second time, Constance of Castile, daughter of King Pedro the Cruel of Castile. John of Gaunt and Constance of Castile had one daughter, Catherine, who married her cousin, King Enrique III of Castile. From this union descends the Kings and Queens of Spain.

The descent from John of Gaunt which gave Henry Tudor a weak claim to the throne was through John of Gaunt’s third union with Katherine Swynford née (de) Roet. Initially Katherine was the governess to Gaunt’s daughters, Philippa and Elizabeth. After the death of Gaunt’s first wife, Blanch, John and Katherine entered into a romantic relationship which produced 4 children, all illegitimate being born out-of-wedlock. However, two years after the death of Constance of Castile, John of Gaunt and Katherine Swynford legally married at Lincoln cathedral 1393.

Subsequent Letters Patent in 1397 by Richard II and a Papal Bull issued by the Pope Eugene IV legitimized the adult children of John of Gaunt and Katherine Swynford with full rights to the throne. However, an Act of Parliament in the reign of Henry IV confirmed their legitimacy but barred the children from having rights to the throne. Later historians would argue whether or not the barring of the children of this union from the English throne was legal or not. This Act of Parliament did weaken the claims of Henry Tudor.

I will stop here and continue this series next week.