Editing Act of Settlement 1701 (section)

=== Conditional provisions ===
The act contained eight additional provisions that were to only come into effect upon the death of both William and Anne:<ref>{{cite web |url=http://www.bailii.org/uk/legis/num_act/1700/1565208.html |title=Act of Settlement 1700 |publisher=[[BAILII]] |access-date=20 October 2011}}</ref>

Firstly, the monarch "shall join in communion with the [[Church of England]]". This was intended to ensure the exclusion of a Roman Catholic monarch. Along with James II's perceived despotism, his religion was the main cause of the Glorious Revolution, and of the previous linked religious and succession problems which had been resolved by the joint monarchy of William III and Mary II.

Second, if a person not native to England comes to the throne, England will not wage war for "any dominions or territories which do not belong to the Crown of England, without the consent of Parliament". This would become relevant when a member of the [[House of Hanover]] ascended the British throne, as he would retain the territories of the [[Kingdom of Hanover|Electorate of Hanover]] in what is now [[Lower Saxony]] (Germany), then part of the [[Holy Roman Empire]]. This provision has been dormant since [[Queen Victoria]] ascended the throne, because she did not inherit Hanover under the [[Salic Law]]s of the German-speaking states.

Third, no monarch may leave "the dominions of [[Kingdom of England|England]], [[Kingdom of Scotland|Scotland]], or [[Kingdom of Ireland|Ireland]]", without the consent of Parliament. This provision was repealed in 1716, at the request of [[George I of Great Britain|George I]] who was also the [[prince-elector|Elector of Hanover]] and Duke of [[Brunswick-Lüneburg]] within the [[Holy Roman Empire]]; because of this, and also for personal reasons, he wished to visit Hanover from time to time.{{Sfn|Naamani Tarkow|1943|pages=537–561 at p. 547}}

Fourth, all government matters within the jurisdiction of the [[Privy Council of England|Privy Council]] were to be transacted there, and all council resolutions were to be signed by those who advised and consented to them. This was because Parliament wanted to know who was deciding policies, as sometimes councillors' signatures normally attached to resolutions were absent. This provision was repealed early in Queen Anne's reign, as many councillors ceased to offer advice and some stopped attending meetings altogether.{{Sfn|Naamani Tarkow|1943|pages=537–561 at p. 547}}

Fifth, no foreigner ("no Person born out of the Kingdoms of England Scotland or Ireland or the Dominions thereunto belonging"), even if naturalised or made a [[Denization|denizen]] (unless born of English parents), can be a Privy Councillor or a member of either House of Parliament, or hold "any Office or Place of Trust, either Civill {{sic}} or Military, or to {{sic}} have any Grant of Lands, Tenements or Hereditaments from the Crown, to himself or to any other or others in Trust for him".<ref name="Henriq">{{cite journal |first=H. S. |last=Henriques |jstor=1451130 |title=The Political Rights of English Jews |journal=[[The Jewish Quarterly Review]] |volume=19 |issue=2 |date=January 1907 |pages=311–312|doi=10.2307/1451130 }}</ref> Subsequent nationality laws (today primarily the [[British Nationality Act 1981]]) made naturalised citizens the equal of those native born, and excluded Commonwealth citizens from the definition of foreigners, and citizens of the Irish Republic from the definition of aliens, but otherwise this provision still applies. It has however been disapplied in particular cases by a number of other statutes.

Sixth, no person who has an office under the monarch, or receives a pension from the Crown, was to be a Member of Parliament. This provision was inserted to avoid unwelcome royal influence over the House of Commons. It remains in force, but with several exceptions; ministers of the Crown were exempted early on before Anne's death in order to continue some degree of royal patronage, but [[ministerial by-election|had to stand for a by-election]] to re-enter the House upon such appointment until 1926. As a side effect, this provision means that members of the Commons seeking to resign from parliament can get around the [[Resignation from the British House of Commons|prohibition on resignation]] by obtaining a [[sinecure]] in the control of the Crown; while several offices have historically been used for this purpose, two are currently in use: appointments generally alternate between the stewardships of the [[Chiltern Hundreds]] and of the [[Steward of the Manor of Northstead|Manor of Northstead]].<ref>{{cite web|url=http://www.parliament.uk/documents/upload/P11.pdf |work=House of Commons Information Office |title=The Chiltern Hundreds |date=1 June 2008 |access-date=12 June 2008 |url-status=dead |archive-url=https://web.archive.org/web/20081003101512/http://www.parliament.uk/documents/upload/P11.pdf |archive-date=3 October 2008}}</ref>

Seventh, judges' commissions are valid ''quamdiu se bene gesserint'' (during good behaviour) and if they do not behave themselves, they can be removed only by both Houses of Parliament (or in other Commonwealth realms the one House of Parliament, depending on the legislature's structure). This provision was the result of various monarchs influencing judges' decisions, and its purpose was to assure [[judicial independence]]. This [[letters patent|patent]] was used prior to 1701 but did not prevent [[Charles I of England|Charles I]] from removing Sir [[John Walter (judge)|John Walter]] as [[Chief Baron of the Exchequer]].

Eighth, that "no Pardon under the [[Great Seal of England]] be pleadable to an Impeachment by the Commons in Parliament". This meant in effect that no pardon by the monarch was to save someone from being [[Impeachment in the United Kingdom|impeached]] by the House of Commons.