Alien Act 1705

The Alien Act was a law passed by the Parliament of England in 1705, as a response to the Parliament of Scotland's Act of Security of 1704, which in turn was partially a response to the English Act of Settlement 1701. Lord Godolphin, the Lord High Treasurer, was instrumental in the Union of 1707 and all the Acts leading up to it. The Alien Act was passed to prevent the inconveniences that would occur hastily if these two Kingdoms were not to become one Union.[1]

The Alien Act provided that Scottish nationals in England were to be treated as aliens (foreign nationals), and estates held by Scots would be treated as alien property,[2] making inheritance much less certain. It also included an embargo on the import of Scottish products into England and English colonies – about half of Scotland's trade, covering goods such as linen, cattle and coal.[3] Faced with the economic pressure the Scottish decided to unionize, something England had wanted for over a century. With the Union in 1707 free trade was established along with a single parliament.

The Act contained a provision that it would be suspended if the Scots entered into negotiations regarding a proposed union of the parliaments of Scotland and England. The Act demanded that a settlement of succession or authorize union negotiation by December of 1705.[4] Combined with English financial offers to refund Scottish losses on the Darien scheme, the Act achieved its aim, leading to the Acts of Union 1707 uniting the two countries as the Kingdom of Great Britain.

References

  1. ^ "The Alien Act, 1705" (PDF). Scottish Archives For Schools. Retrieved April 18, 2019.
  2. ^ "Westminster passes the Alien Act 1705". www.parliament.uk. Retrieved 16 June 2012.
  3. ^ Lynch, Michael (1992). Scotland: A New History. Pimlico. pp. 311, 314. ISBN 0-7126-9893-0.
  4. ^ Bowie, Karin (1 December 2012). "The Treaty of Union Session I" (PDF). Retrieved 18 April 2019.
Act of Security 1704

The Act of Security 1704 (also referred to as the Act for the Security of the Kingdom) was a response by the Parliament of Scotland to the Parliament of England's Act of Settlement 1701. Queen Anne's last surviving child, William, Duke of Gloucester, had died in 1700, and both parliaments needed to find a Protestant successor. The English Parliament had settled on Electress Sophia of Hanover, granddaughter of King James VI and I, without consulting the Scottish Parliament.

The response of the Scottish Parliament was to pass a bill in 1703 requiring that, on the death of Queen Anne without issue, the three Estates of the Parliament were to appoint a Protestant successor from the descendants of the Scottish kings, but not the English successor unless various economic, political and religious conditions were met. The bill was refused Royal Assent by the Lord High Commissioner to the Parliament of Scotland.

The following year, 1704, the bill became an Act after the Scottish Parliament refused to raise taxes and sought to withdraw troops from the Duke of Marlborough's army in the War of the Spanish Succession unless Royal Assent was given.

The English Parliament retaliated with the Alien Act 1705, threatening to cut trade and free movement between the two countries, unless negotiations opened leading either to the repeal of the Act of Security, or (as in the event happened) to the Act of Union in 1707. The end result was the Union of England and Scotland into the Kingdom of Great Britain, approximately one hundred years after the Union of the Crowns.

The Parliament of Great Britain passed an Act (Repeal of Certain Scotch Acts 1707 6 Ann. c. 32) explicitly repealing this Act together with the Act anent Peace and War.

Act of Settlement 1701

The Act of Settlement is an Act of the Parliament of England that was passed in 1701 to settle the succession to the English and Irish crowns on Protestants only. The next Protestant in line to the throne was the Electress Sophia of Hanover, a granddaughter of James VI of Scotland and I of England. After her the crowns would descend only to her non-Roman Catholic heirs.

The act was prompted by the failure of King William III and Queen Mary II, as well as of Mary's sister Queen Anne, to produce any surviving children, and the Roman Catholic religion of all other members of the House of Stuart. The line of Sophia of Hanover was the most junior among the Stuarts, but consisted of convinced Protestants. Sophia died on 8 June 1714, before the death of Queen Anne on 1 August 1714. On Queen Anne's death, Sophia's son duly became King George I and started the Hanoverian dynasty in Britain.

The act played a key role in the formation of the Kingdom of Great Britain. England and Scotland had shared a monarch since 1603, but had remained separately governed countries. The Scottish parliament was more reluctant than the English to abandon the House of Stuart, members of which had been Scottish monarchs long before they became English ones. English pressure on Scotland to accept the Act of Settlement was one factor leading to the parliamentary union of the two countries in 1707.

Under the Act of Settlement anyone who became a Roman Catholic, or who married one, became disqualified to inherit the throne. The act also placed limits on both the role of foreigners in the British government and the power of the monarch with respect to the Parliament of England. Some of those provisions have been altered by subsequent legislation.

Along with the Bill of Rights 1689, the Act of Settlement remains today one of the main constitutional laws governing the succession not only to the throne of the United Kingdom, but to those of the other Commonwealth realms, whether by assumption or by patriation. The Act of Settlement cannot be altered in any realm except by that realm's own parliament and, by convention, only with the consent of all the other realms, as it touches on the succession to the shared crown.The original copy of the act is held in Hanover, Germany, in the State Archive of Lower Saxony.Following the Perth Agreement in 2011, legislation amending the act came into effect across the Commonwealth realms on 26 March 2015, and removed the disqualification arising from marriage to a Roman Catholic.

Aliens Act

"Aliens Act" or "Alien Act" can refer to:

The Aliens Act 1698 (11 Will. 3 c. 6) (England)

The Alien Act 1705 (England)

The Aliens Act 1905 (UK)

The Aliens Act of 1937 (South Africa)

The Alien and Sedition Acts (USA)

The Aliens Act (Sweden) (utlänningslagen)

Anne, Queen of Great Britain

Anne (6 February 1665 – 1 August 1714) was the Queen of England, Scotland and Ireland between 8 March 1702 and 1 May 1707. On 1 May 1707, under the Acts of Union, two of her realms, the kingdoms of England and Scotland, united as a single sovereign state known as Great Britain. She continued to reign as Queen of Great Britain and Ireland until her death in 1714.

Anne was born in the reign of her uncle Charles II, who had no legitimate children. Her father, Charles's younger brother James, was thus heir presumptive to the throne. His suspected Roman Catholicism was unpopular in England, and on Charles's instructions Anne and her elder sister, Mary, were raised as Anglicans. On Charles's death in 1685, James succeeded to the throne, but just three years later he was deposed in the Glorious Revolution of 1688. Mary and her husband, the Dutch Protestant William III of Orange (a cousin to Anne and Mary), became joint monarchs. Although the sisters had been close, disagreements over Anne's finances, status and choice of acquaintances arose shortly after Mary's accession and they became estranged. William and Mary had no children. After Mary's death in 1694, William reigned alone until his own death in 1702, when Anne succeeded him.

During her reign, Anne favoured moderate Tory politicians, who were more likely to share her Anglican religious views than their opponents, the Whigs. The Whigs grew more powerful during the course of the War of the Spanish Succession, until 1710 when Anne dismissed many of them from office. Her close friendship with Sarah Churchill, Duchess of Marlborough, turned sour as the result of political differences. The Duchess took revenge in an unflattering description of the Queen in her memoirs, which was widely accepted by historians until Anne was re-assessed in the late 20th century.

Anne was plagued by ill health throughout her life, and from her thirties, she grew increasingly ill and obese. Despite seventeen pregnancies by her husband, Prince George of Denmark, she died without surviving issue and was the last monarch of the House of Stuart. Under the Act of Settlement 1701, which excluded all Catholics, she was succeeded by her second cousin George I of the House of Hanover.

British people

The British people, or the Britons, are the citizens of the United Kingdom of Great Britain and Northern Ireland, the British Overseas Territories, and the Crown dependencies. British nationality law governs modern British citizenship and nationality, which can be acquired, for instance, by descent from British nationals. When used in a historical context, "British" or "Britons" can refer to the Celtic Britons, the indigenous inhabitants of Great Britain and Brittany, whose surviving members are the modern Welsh people, Cornish people, and Bretons. It may also refer to citizens of the former British Empire.

Though early assertions of being British date from the Late Middle Ages, the creation of the Kingdom of Great Britain in 1707 triggered a sense of British national identity. The notion of Britishness was forged during the Napoleonic Wars between Britain and the First French Empire, and developed further during the Victorian era. The complex history of the formation of the United Kingdom created a "particular sense of nationhood and belonging" in Great Britain and Ireland; Britishness became "superimposed on much older identities", of English, Scots, Welsh and Irish cultures, whose distinctiveness still resists notions of a homogenised British identity. Because of longstanding ethno-sectarian divisions, British identity in Northern Ireland is controversial, but it is held with strong conviction by Unionists.Modern Britons are descended mainly from the varied ethnic groups that settled in the British Isles in and before the 11th century: Prehistoric, Brittonic, Roman, Anglo-Saxon, Norse and Normans. The progressive political unification of the British Isles facilitated migration, cultural and linguistic exchange, and intermarriage between the peoples of England, Scotland and Wales during the late Middle Ages, early modern period and beyond. Since 1922 and earlier, there has been immigration to the United Kingdom by people from what is now the Republic of Ireland, the Commonwealth, mainland Europe and elsewhere; they and their descendants are mostly British citizens, with some assuming a British, dual or hyphenated identity.The British are a diverse, multinational, multicultural and multilingual society, with "strong regional accents, expressions and identities". The social structure of the United Kingdom has changed radically since the 19th century, with a decline in religious observance, enlargement of the middle class, and increased ethnic diversity, particularly since the 1950s. The population of the UK stands at around 66 million, with a British diaspora of around 140 million concentrated in Australia, Canada and New Zealand, with smaller concentrations in the United States, Republic of Ireland, Chile, South Africa and parts of the Caribbean.

History of British nationality law

This article concerns the history of British nationality law.

Kingdom of England

The Kingdom of England (Anglo-Norman and French: Royaume d'Angleterre) was a sovereign state on the island of Great Britain from 927, when it emerged from various Anglo-Saxon kingdoms until 1707, when it united with Scotland to form the Kingdom of Great Britain.

In 927, the Anglo-Saxon kingdoms were united by Æthelstan (r. 927–939). In 1016, the kingdom became part of the North Sea Empire of Cnut the Great, a personal union between England, Denmark and Norway. The Norman conquest of England in 1066 led to the transfer of the English capital city and chief royal residence from the Anglo-Saxon one at Winchester to Westminster, and the City of London quickly established itself as England's largest and principal commercial centre.Histories of the kingdom of England from the Norman conquest of 1066 conventionally distinguish periods named after successive ruling dynasties: Norman 1066–1154, Plantagenet 1154–1485, Tudor 1485–1603 and Stuart 1603–1714 (interrupted by the Interregnum (England) of 1649–1660).

Dynastically, all English monarchs after 1066 ultimately claim descent from the Normans; the distinction of the Plantagenets is merely conventional, beginning with Henry II (reigned 1154–1189) as from that time, the Angevin kings became "more English in nature"; the houses of Lancaster and York are both Plantagenet cadet branches, the Tudor dynasty claimed descent from Edward III via John Beaufort and James VI and I of the House of Stuart claimed descent from Henry VII via Margaret Tudor.

The completion of the conquest of Wales by Edward I in 1284 put Wales under the control of the English crown. Edward III (reigned 1327–1377) transformed the Kingdom of England into one of the most formidable military powers in Europe; his reign also saw vital developments in legislation and government—in particular the evolution of the English parliament. From the 1340s the kings of England also laid claim to the crown of France, but after the Hundred Years' War and the outbreak of the Wars of the Roses in 1455, the English were no longer in any position to pursue their French claims and lost all their land on the continent, except for Calais. After the turmoils of the Wars of the Roses, the Tudor dynasty ruled during the English Renaissance and again extended English monarchical power beyond England proper, achieving the full union of England and the Principality of Wales in 1542. Henry VIII oversaw the English Reformation, and his daughter Elizabeth I (reigned 1558–1603) the Elizabethan Religious Settlement, meanwhile establishing England as a great power and laying the foundations of the British Empire by claiming possessions in the New World.

From the accession of James VI and I in 1603, the Stuart dynasty ruled England in personal union with Scotland and Ireland. Under the Stuarts, the kingdom plunged into civil war, which culminated in the execution of Charles I in 1649. The monarchy returned in 1660, but the Civil War had established the precedent that an English monarch cannot govern without the consent of Parliament. This concept became legally established as part of the Glorious Revolution of 1688.

From this time the kingdom of England, as well as its successor state the United Kingdom, functioned in effect as a constitutional monarchy. On 1 May 1707, under the terms of the Acts of Union 1707, the kingdoms of England and Scotland united to form the Kingdom of Great Britain.

List of heirs to the Scottish throne

List of heirs apparent and presumptive to the Scottish throne details those people who have been either heir apparent or heir presumptive to the Kingdom of Scotland, according to the rules of cognatic primogeniture, except at times when other forms of inheritance were specified, for example from 1371 to 1542 when the succession was limited to agnatic primogeniture by Act of Parliament. Females are included in the list where appropriate; however, although the Crown could pass through the female line (for example to the House of Dunkeld in 1034), in the early middle ages it is doubtful whether a queen regnant would have been accepted as ruler.

Monarchy of the United Kingdom

The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional monarchy of the United Kingdom, its dependencies (the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man) and its overseas territories. The current monarch and head of state is Queen Elizabeth II, who ascended the throne in 1952.

The monarch and their immediate family undertake various official, ceremonial, diplomatic and representational duties. As the monarchy is constitutional, the monarch is limited to non-partisan functions such as bestowing honours and appointing the Prime Minister. The monarch is commander-in-chief of the British Armed Forces. Though the ultimate executive authority over the government is still formally by and through the monarch's royal prerogative, these powers may only be used according to laws enacted in Parliament and, in practice, within the constraints of convention and precedent.

The British monarchy traces its origins from the petty kingdoms of early medieval Scotland and Anglo-Saxon England, which consolidated into the kingdoms of England and Scotland by the 10th century. England was conquered by the Normans in 1066, after which Wales too gradually came under control of Anglo-Normans. The process was completed in the 13th century when the Principality of Wales became a client state of the English kingdom. Meanwhile, Magna Carta began a process of reducing the English monarch's political powers. From 1603, the English and Scottish kingdoms were ruled by a single sovereign. From 1649 to 1660, the tradition of monarchy was broken by the republican Commonwealth of England, which followed the Wars of the Three Kingdoms. The Act of Settlement 1701 excluded Roman Catholics, or those who married them, from succession to the English throne. In 1707, the kingdoms of England and Scotland were merged to create the Kingdom of Great Britain, and in 1801, the Kingdom of Ireland joined to create the United Kingdom of Great Britain and Ireland. The British monarch was the nominal head of the vast British Empire, which covered a quarter of the world's surface at its greatest extent in 1921.

In the early 1920s the Balfour Declaration recognised the evolution of the Dominions of the Empire into separate, self-governing countries within a Commonwealth of Nations. After the Second World War, the vast majority of British colonies and territories became independent, effectively bringing the Empire to an end. George VI and his successor, Elizabeth II, adopted the title Head of the Commonwealth as a symbol of the free association of its independent member states. The United Kingdom and fifteen other independent sovereign states that share the same person as their monarch are called Commonwealth realms. Although the monarch is shared, each country is sovereign and independent of the others, and the monarch has a different, specific, and official national title and style for each realm.

Parliament of Scotland

The Parliament of Scotland was the legislature of the Kingdom of Scotland. The parliament, like other such institutions, evolved during the Middle Ages from the king's council of bishops and earls. It is first identifiable as a parliament in 1235, during the reign of Alexander II, when it was described as a "colloquium" and already possessed a political and judicial role. By the early fourteenth century, the attendance of knights and freeholders had become important, and from 1326 commissioners from the burghs attended. Consisting of the "three estates" of clergy, nobility and the burghs sitting in a single chamber, the parliament gave consent for the raising of taxation and played an important role in the administration of justice, foreign policy, war, and all manner of other legislation. Parliamentary business was also carried out by "sister" institutions, such as General Councils or Convention of Estates. These could carry out much business also dealt with by parliament – taxation, legislation and policy-making – but lacked the ultimate authority of a full parliament.The Parliament of Scotland met for more than four centuries, until it was prorogued sine die at the time of the Acts of Union in 1707. Thereafter the Parliament of Great Britain operated for both England and Scotland, thus creating the Kingdom of Great Britain. When the Parliament of Ireland was abolished in 1801, its former members were merged into what was now called the Parliament of the United Kingdom. From January 1801 until 1927, the British state was officially called the United Kingdom of Great Britain and Ireland (even though the Irish Free State had come into existence in December 1922).

The pre-Union parliament was long portrayed as a constitutionally defective body that acted merely as a rubber stamp for royal decisions, but research during the early 21st century has found that it played an active role in Scottish affairs, and was sometimes a thorn in the side of the Scottish Crown.

Parliamentary sovereignty

Parliamentary sovereignty (also called parliamentary supremacy or legislative supremacy) is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, even a constitution) or by precedent.

In some countries, parliamentary sovereignty may be contrasted with separation of powers, which limits the legislature's scope often to general law-making, and judicial review, where laws passed by the legislature may be declared invalid in certain circumstances.

Many states have sovereign legislatures, including the United Kingdom, Finland, the Netherlands, New Zealand, Sweden, Norway, Denmark, Iceland, Barbados, Jamaica, Papua New Guinea, Israel, and the Solomon Islands.

Scotland in the early modern period

Scotland in the early modern period refers, for the purposes of this article, to Scotland between the death of James IV in 1513 and the end of the Jacobite risings in the mid-eighteenth century. It roughly corresponds to the early modern period in Europe, beginning with the Renaissance and Reformation and ending with the start of the Enlightenment and Industrial Revolution.

After a long minority, the personal reign of James V saw the court become a centre of Renaissance patronage, but it ended in military defeat and another long minority for the infant Mary Queen of Scots. Scotland hovered between dominance by the English and French, which ended in the Treaty of Edinburgh 1560, by which both withdrew their troops, but leaving the way open for religious reform. The Scottish Reformation was strongly influenced by Calvinism leading to widespread iconoclasm and the introduction of a Presbyterian system of organisation and discipline that would have a major impact on Scottish life. In 1569 Mary returned from France, but her personal reign deteriorated into murder, scandal and civil war, forcing her to escape to England where she was later executed and leaving her Protestant opponents in power in the name of the infant James VI. In 1603 he inherited the thrones of England and Ireland, creating a dynastic union and moving the centre of royal patronage and power to London.

His son Charles I attempted to impose elements of the English religious settlement on his other kingdoms. Relations gradually deteriorated resulting in the Bishops' Wars (1637–40), ending in defeat for Charles and helping to bring about the War of Three Kingdoms. The Scots entered the war in England on the Parliamentary side, helping to turn the tide against the king's forces. In the Second and Third Civil Wars (1648–51) they took the side of Charles I and after his execution that of his son Charles II, leading to defeat, occupation by a parliamentary army under Oliver Cromwell and incorporation into the Commonwealth. The Restoration of the Monarchy in 1660 saw the return of episcopacy and an increasingly absolutist regime, resulting in religious and political upheaval and rebellions. With the accession of the openly Catholic James VII, there was increasing disquiet among Protestants. After the Glorious Revolution of 1688–89, William of Orange and Mary, the daughter of James, were accepted as monarchs. Presbyterianism was reintroduced and limitations placed on monarchy. After severe economic dislocation in the 1690s there were moves that led to political union with England as the Kingdom of Great Britain in 1707. The deposed main hereditary line of the Stuarts became a focus for political discontent, known as Jacobitism, leading to a series of invasions and rebellions, but with the defeat of the last in 1745, Scotland entered a period of great political stability, economic and intellectual expansion.

Although there was an improving system of roads in early modern Scotland, it remained a country divided by topography, particularly between the Highlands and Islands and the Lowlands. Most of the economic development was in the Lowlands, which saw the beginnings of industrialisation, agricultural improvement and the expansion of eastern burghs, particularly Glasgow, as trade routes to the Americas opened up. The local laird emerged as a key figure and the heads of names and clans in the Borders and Highlands declined in importance. There was a population expanding towards the end of the period and increasing urbanisation. Social tensions were evident in witch trials and the creation of a system of poor laws. Despite the aggrandisement of the crown and the increase in forms of taxation, revenues remained inadequate. The Privy Council and Parliament remained central to government, with changing compositions and importance before the Act of Union in 1707 saw their abolition. The growth of local government saw introduction of Justices of the Peace and Commissioners of Supply, while the law saw the increasing importance of royal authority and professionalisation. The expansion of parish schools and reform of universities heralded the beginnings of an intellectual flowering in the Enlightenment. There was also a flowering of Scottish literature before the loss of the court as a centre of patronage at the beginning of the seventeenth century. The tradition of church music was fundamentally changed by the Reformation, with the loss of complex polyphonic music for a new tradition of metrical psalms singing. In architecture, royal building was strongly influenced by Renaissance styles, while the houses of the great lairds adopted a hybrid form known as Scots baronial and after the Restoration was influenced by Palladian and Baroque styles. In church architecture a distinctive plain style based on a 'T'-plan emerged. The Reformation also had a major impact on art, with a loss of church patronage leading to a tradition of painted ceilings and walls and the beginnings of a tradition of portraiture and landscape painting.

Scottish national identity

Scottish national identity is a term referring to the sense of national identity, as embodied in the shared and characteristic culture, languages and traditions, of the Scottish people.

Although the various dialects of Gaelic, the Scots language and Scottish English are distinctive, people associate them all together as Scottish with a shared identity, as well as a regional or local identity. Parts of Scotland, like Glasgow, the Outer Hebrides, the north east of Scotland (including Aberdeen), and the Scottish Borders retain a strong sense of regional identity, alongside the idea of a Scottish national identity.

Succession to the British throne

Succession to the British throne is determined by descent, sex (for people born before October 2011), legitimacy, and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". Spouses of Roman Catholics were disqualified from 1689 until the law was amended in 2015. Protestant descendants of those excluded for being Roman Catholics are eligible.Queen Elizabeth II is the sovereign, and her heir apparent is her eldest son, Charles, Prince of Wales. Next in line after him is Prince William, Duke of Cambridge, the Prince of Wales's elder son. Third in line is Prince George, the eldest child of the Duke of Cambridge, followed by his sister, Princess Charlotte and younger brother, Prince Louis. Sixth in line is Prince Harry, Duke of Sussex, the younger son of the Prince of Wales. Under the Perth Agreement, which came into effect in 2015, only the first six in line of succession require the sovereign's consent before they marry; without such consent, they and their children would be disqualified from succession.

The first four individuals in the line of succession who are over 21, and the sovereign's consort, may be appointed Counsellors of State. Counsellors of State perform some of the sovereign's duties in the United Kingdom while he or she is out of the country or temporarily incapacitated. Otherwise, individuals in the line of succession need not have specific legal or official roles.

The United Kingdom is one of the 16 Commonwealth realms. Each of those countries has the same person as monarch and the same order of succession. In 2011, the prime ministers of the realms agreed unanimously to adopt a common approach to amending the rules on the succession to their respective Crowns so that absolute primogeniture would apply for persons born after the date of the agreement, instead of male-preference primogeniture, and the ban on marriages to Roman Catholics would be lifted, but the monarch would still need to be in communion with the Church of England. After the necessary legislation had been enacted in accordance with each realm's constitution, the changes took effect on 26 March 2015.

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