Act of Settlement

Published on Thursday 2 April 2009 22:18

Underlying the clamour for the amendment or repeal of the English Act of Settlement is the assumption that the monarchy is an English institution governed by the laws of England. It is not. Your simplistic editorial, "Reforming the law of succession is a priority" (Opinion, 28 March), betrays a lamentable ignorance of the true constitutional position and its complexity.

First, the bar to a Roman Catholic succeeding to the throne of the United Kingdom does not rest on the English Act of Settlement of 1701 but on Article 11 of the Treaty of Union of 1707, the provisions of which are constitutionally binding on the UK Parliament and cannot lawfully be set aside.

Secondly, I suspect that a Roman Catholic monarch would have some difficulty in subscribing to the oath of accession by swearing that he/she "shall inviolably maintain and preserve the true Protestant Religion and Presbyterian Government of the Church of Scotland".

The role of Scotland, its people and its parliament, is clearly crucial in any proposed reform of the constitution.

(REV) ARCHIE BLACK

Elm Park

Inverness