Deutsche Welle the German international broadcaster have identified Karen Vogel a therapist from Rostock as the final person in line to the throne.The Act of Settlement 1701 restricted the line succession to the non Catholic descendants of Electress Sophia of Hannover.She now has around five thousand living descendants and Karen Vogel a distant cousin of the King is the furthest away from inheriting the throne!
--
You received this message because you are subscribed to the Google Groups "Peerage News" group.
To unsubscribe from this group and stop receiving emails from it, send an email to peerage-news...@googlegroups.com.
To view this discussion visit https://groups.google.com/d/msgid/peerage-news/93cff362-5bdd-4cac-8cf0-3e77fec9ba52n%40googlegroups.com.
Illegitmate issue are excluded and are not rescued even if their parents subsequently marry. The Family Law Reform Act 1969, which gave illegitimate children rights of inheritance, and also introduced into English law the concept of "legitimatio per subsequens matrimonium" (common in other jurisdictions including Scotland), expressly excluded the inheritance of the Crown and other dignities such as peerages.
The question of who is excluded by the "anti-Catholic" provisions
of the Act of Settlement is not straightforward, even after the
amendments made by the Succession to the Crown Act 2013 in
relation to people who marry Catholics.
It is often forgotten that the Act of Settlement contains two
separate conditions that the heir of Princess Sophia must meet in
order to inherit the Crown. On general principles of English law,
we do not have to ascertain whether the heir meets those
conditions until the moment when they would be due to inherit
1. They must be a Protestant. The limitation in the Act is to "the heirs of her [Princess Sophia's] body being protestants".
2. They must not be disqualified as being Catholic (or, as originally enacted, marrying a Catholic).
These two things are not the same. Many descendants of Princess Sophia are neither Catholic nor Protestant - most obviously the Orthodox, but there are probably now a number who positively do not subscribe to any religion (are there any who follow non Christian religions?). It is probably reasonable to include such people in lists of the line of succession on the basis that they could, and some might, convert to Protestantism if they had sufficient warning before inheriting, but ideally they ought to have a note indicatiing the problem.
On the other hand, anyone who has ever been a Catholic appears to be permanently excluded.
The wording of the Act is obscure, not least because of the need to read the Act of Settlement 1701 and the Bill of Rights 1688 together. If we run the words of the two Acts together, and remove the excess verbiage, we get the following (I have simplified “reconciled to or shall hold communion with the see or church of Rome or shall profess the popish religion” to “a Catholic”, to make it easier to follow):
“every person … who shall or may take or inherit the …crown …and is … or shall be [a Catholic] shall be … excluded and be for ever uncapeable to inherit possess or enjoy the crown …
And in …every such case … the people of these realms shall be … absolved of their allegiance and the … crown …shall … descend to and be enjoyed by such person or persons being protestants as should have inherited and enjoyed [it if the disqualified person] were naturally dead".
What precisely this means has never been tested, but it seems to say that anyone who at any point in their life is a Catholic is permanently excluded, even if they subsequently cease to be one. So such people ought to be excluded from lists showing the line of succession. The difficulty is establishing who they are. What makes someone a Catholic, or, more precisely what does the Act mean by “is or shall be reconciled to or shall hold communion with the see or church of Rome or shall profess the popish religion”? Does it include infants baptised as Catholics, or is the cut off later, at First Communion or perhaps Confirmation (which in the Catholic Church typically takes place a a year or two after First Communion)? Presumably not even later, at adulthood?
It is
also obscure
whether non-Catholic descendants of Catholics are excluded.
Probably they are
not – the provision treating Catholics as if “naturally dead”
most naturally applies
only at the point when they would become the heir; the
succession then skips
over them and passes to the next protestant heir. If that is correct we cannot make the
task of compilation easier by excluding all descendants of any
Catholic, or of anyone who married a Catholic and died before
section 2 of the Succession to the Crown Act 2013 came into
force on 26 March 2015.
Chris Pitt Lewis
--