IMPEACHMENT OF THE HOUSE OF BRUNSWICK.
CHAPTER I. INTRODUCTORY
By statutes of the 12 and 13 Will. HE., and 6 Anne c. 11, Article 2, the British Parliament, limiting the monarchy to members of the Church of England, excluded the Stuarts, and from and after the death of King William and the Princess Anne without heirs, contrived that the Crown of this kingdom should devolve upon the Princess Sophia, Duchess Dowager of Hanover, and the heirs of her body, being Protestants. Heirs failing to Anne, although seventeen times pregnant, and Sophia dying about seven weeks before Anne, her son George succeeded under these Acts as George I. of England and Scotland.
It is said, and perhaps truly, that the German Protestant Guelph was an improvement on the Catholic Stuart, and the Whigs take credit for having effected this change in spite of the Tories. This credit they deserve; but it must not be forgotten that it was scarce half a century before that the entire aristocracy, including the patriotic Whigs, coalesced to restore to the throne the Stuarts, who had been got rid of under Cromwell. If this very aristocracy, of which the Whigs form part, had never assisted in calling back the Stuarts in the person of Charles II., there would have been no need to thank them for again turning that family out.
The object of the present essay is to submit reasons for the repeal of the Acts of Settlement and Union, so far as the succession to the throne is concerned, after the abdication or demise of the present monarch. It is of course assumed, as a point upon which all supporters of the present Royal Family will agree, that the right to deal with the throne is inalienably vested in the English people, to be exercised by them through their representatives in Parliament. The right of the members of the House of Bruns wick to succeed to the throne is a right accruing only from the acts of Settlement and Union, it being clear that, except from this statute, they have no claim to the throne. It is therefore submitted, that should Parliament in its wisdom see fit to enact that after the death or abdication of her present Majesty, the throne shall no longer be filled by a member of the House of Brunswick, such an enactment would be perfectly within the competence of Parliament. It is further submitted that the Parliament has full and uncontrollable authority to make any enactment, and to repeal any enactment heretofore made, even if such new statute, or the repeal of any old statute, should in truth change the constitution of the Empire, or modify the character and powers of either Parliamentary Chamber. The Parliament of the English Commonwealth, which met on April 25th, 1660, gave the Crown to Charles II., and the Parliament of the British Monarchy has the undoubted right to withhold the Crown from Albert Edward, Prince of Wales. The Convention which assembled at Westminster on January 22d, 1688, took away the crown from James II., and passed over his son, the then Prince of Wales, as if he had been non-existent. This Convention was declared to have all the authority of Parliament—ergo. Parliament has admittedly the right to deprive a living King of his Crown, and to treat a Prince of Wales as having no claim to the succession.
In point of fact two of the clauses of the Act of Settlement were repealed in the reign of Queen Anne, and a third clause was repealed early in the reign of George I., showing that this particular statute has never been considered immutable or irrepealable. It is right to add that the clauses repealed were only of consequence to the nation, and that their repeal was no injury to the Crown. The unbounded right of the supreme Legislature to enlarge its own powers was contended for and admitted in 1716, when the duration of Parliament was extended four years, a triennial Parliament declaring itself and all future Parliaments septennial. Furthermore, it has been held to be sedition to deny the complete authority of the Irish Parliament to put an end to its own existence.