Third Succession Act

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Succession to the Crown Act 1543

Parliament of England
Statute book chapter 35 Henry VIII c.1
Territorial extent Kingdom of England
Dates
Royal Assent July 1543
Repeal date 1603
Other legislation
Related legislation
Repealing legislation Succession to the Crown Act 1603
Status: Repealed

The Third Succession Act of Henry VIII's reign was passed by the Parliament of England in July 1543, and returned both Mary and Elizabeth to the line of the succession behind Prince Edward.

The Act was formally titled the Succession to the Crown Act 35 Hen. VIII c.1, and is also known as "Act of Succession 1543". Statutes only take effect from their receiving the royal assent, and are thus usually dated according to that year. The royal assent was given to this bill in the spring of 1544 with the conclusion of the 1543/1544 Parliament. The Act is therefore also often dated 1544. It superseded the First Succession Act (1533) and the Second Succession Act (1536), whose effect was to declare both Mary and Elizabeth bastards, and allow Henry to name his own successor. When Henry's son Prince Edward was born in 1537, he then became the heir to the throne. This new act, returned both of Henry's daughters Mary and Elizabeth to the line of succession, behind Edward, any potential children of his, and any potential children of Henry by his current wife Catherine Parr.

With the 1536 Act, Henry VIII was authorised to dispose of the Crown by letters patent or by will, in default of any legitimate heirs. This means that the place in the succession for Mary and/or Elizabeth remained doubtful. Henry's actual will (1547) simply confirmed their position as outlined in the 1543/4 Statute. Mary and Elizabeth, who had both been declared illegitimate and incapable to inherit, expressly remained so in the 1543/4 Act; they were only capacitated to succeed to the Crown (with several provisos, such as they could not marry without the Privy Council's approval).

The Treason Act 1547 made it high treason to interrupt the line of succession to the throne established by the Act of Succession. Edward VI meant to bypass this Act in his "Devise for the Succession", issued as letters patent on 21 June 1553, by naming Lady Jane Grey as his successor in place of Mary.[1] Prevailing over Lady Jane Grey, Mary ascended the throne per the terms of the Third Succession Act.

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[edit] Notes

  1. ^ Dale Hoak. "Edward VI (1537–1553)". Oxford Dictionary of National Biography. Oxford University Press, 2004; online edn, Jan 2008. http://www.oxforddnb.com/view/article/8522. Retrieved 2010-04-04.  (subscription required)

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