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  #941  
Old 02-24-2015, 05:47 PM
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Quote:
Originally Posted by Ish View Post
A list of the legitimate-line descendants of James I who where alive at some point in 1701:

1. Anne of Great Britain
2. James II
3. James Francis Edward Stuart
4. Louisa Maria Theresa Stuart
5. Anne Marie d’Orleans
Thank you so much for posting your list. It is very much appreciated however I do feel that I may have jumped ahead of myself.

I have been reading the Bill of Rights of 1689 and according to this it vested the crown onto Mary and William jointly and then after their decease to the heirs of the body of her Majesty i.e. Mary and for default of such issue to her Royal Highness the Princess Anne of Denmark and the heirs of the body of his said Majesty i.e. William. There is no mention (to what I can see) of what happens to the crown should it happen when the heirs of the body of William should become extinct.

Does heirs of the body in this instance only mean that it can only be passed onto to a descendant and only the descendants of those 3 people named in the Bill of Rights or does it also mean that it can also be passed onto in addition to a cousin etc. of those 3 named?

If the heirs of the body in this instance means it can only be passed onto a descendant and only the descendants of those 3 named and not onto anyone else i.e. cousin etc. of the 3 named then all those people listed as being alive in 1701 with the exception of Anne were already excluded from being in line in 1701 even if The Act of Settlement had never passed being as they were already excluded since the Bill of Rights passed in 1689 should it be that heirs of the body in this instance means that it can only be passed onto a descendant and only the descendants of those named in the Bill of Rights and not passed onto anyone else i.e. cousin etc.

The Bill of Rights in 1689 and The Act of Settlement in 1701 must have been a headache for those in establishing them and I sure am glad that I was not one of those people dealing with organising them.


Many thanks for the help.
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  #942  
Old 02-24-2015, 06:31 PM
Iluvbertie's Avatar
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The intention when passing the Bill of Rights was that one of Mary, Anne and William would have a legitimate descendant to inherit the throne.


By 1701 it was clear that that wasn't going to happen and so they had to create Plan B - taking the line of succession back to another protestant claimant - Sophia of Hanover.


It wasn't so much a headache as a two stage process. Had Mary, Anne or William had a legitimate descendant than the other descendants of the early Stuarts would have been barred by legislation.


All that happened in 1701 was readdressing that issue and again barring anyone who isn't now a descendant of Sophia of Hannover - regardless of any claim going further back in time.
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