The Act of Settlement 1701

Monaghan, Chris ORCID: https://orcid.org/0000-0001-9331-804X (2025) The Act of Settlement 1701. In: Leading Works in the History of the Constitution. Analysing Leading Works in Law . Routledge, London. ISBN ISBN: 978-1-032-65861-2 (hbk) ISBN: 978-1-032-65871-1 (pbk) ISBN: 978-1-032-65869-8 (ebk)

Abstract

For those concerned with the law and legal profession, the Act of Settlement 1701 may be best known for establishing security of tenure for judges and thus ensuring that senior judges could not be dismissed simply because they had earnt the displeasure of the monarch. Whilst the statutory protection of judicial independence is and remains significant and was, of course, an important issue for those drafting the legislation, it was the succession to the English Crown that was the chief concern in the final years of William III’s reign. This chapter will consider why and how Parliament sought to legislate to amend the order of succession, to exclude Catholics from the throne, and to disinherit the natural successor to James II, his son Prince James Edward. Significantly, the Act of Settlement assured a Protestant monarchy, the Hanoverian accession, and in turn, led to the creation of the office of Prime Minister, the development of cabinet government, and the constitutional monarchy. It is an Act that continues to discriminate against Catholics, as a Catholic still cannot become monarch. Nonetheless, despite its clear discriminatory language, it is apparent that the Act of Settlement has played a pivotal role in securing judicial independence and ensuring meaningful security of tenure for judges and the development of the rule of law. Thus, it is a ‘leading work’ in British constitutional history.

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