In the UK, the figure King Charles III cannot commit a legal wrong. Armed with Sovereign immunity, he cannot face trial or be engaged in any kind of court processing, including being sued, and it is currently unclear whether he can give evidence as a witness. Nevertheless, British law has been able to control aspects of the monarch’s life from their marriages to their religion, for hundreds of years.
Succession
Under the Act of Settlement 1701 only a Protestant may succeed to the throne. Furthermore, the Monarch is required to have taken communion in the Church of England and must promise to preserve the pre-existing Church of England and Church of Scotland. The law originally arose out of distrust towards Catholic people due to the war with Catholic France in 1689, and the lack of a clear heir to the throne in the years that followed which made the British Parliament perceive it vital to prevent Catholicism from spreading to England. Despite the law being repealed and replaced with the Succession to the Crowns Act in 2013, it is still impossible for a Catholic to ascend to the throne.
The Succession to the Crowns Act isn’t the only law relevant to succession. Due to the Regency Act of 1830, it is possible to succeed to the throne twice. The Regency Act of 1830 set out the protocol for Queen Victoria’s crowning. Within this were conditions if King William IV died before his wife, Queen Adelaide. If it was revealed that the Queen was pregnant with the late King’s child, Victoria would be monarch until the child was born, however, on their birth, the title would be transferred. If the child were then to die without an heir, Victoria would once again be crowned Queen, allowing her to succeed twice. Fortunately, these confusing events did not occur and merely provide an example of the protocol if they did.
Marriage
The original Act of Settlement 1701 not only restricts Catholic people from becoming monarchs but also people with Catholic spouses. However, as a result of the 2011 Perth Agreement, the Succession to the Crowns Act has overturned that particular aspect.
In 1772 George III passed the Royal Marriages Act in an attempt to restore his family’s reputation. The Law stated “No descendant of his late Majesty, George II shall be capable of contracting matrimony without the previous consent of His Majesty. […] Every Marriage of any such descendant, without such consent, shall be null and void.” It also provided Parliament with the right to veto any royal marriage. Despite King George’s best attempts, the law fundamentally failed to restore any reputation and was repeatedly abused to annul unwanted marriages. The King’s son, George IV utilised the law to quickly divorce his wife Maria Fitzherbert after ten children together in order for him to marry wealthy and settle his enormous debts. As with many of the laws’ mentioned the Royal Marriages Act was replaced by the Succession of the Crowns Act, which declares only the first six people in line to the throne are required to obtain consent of the Monarch before marriage.
Whales and Greater Sturgeons
Whilst it is common knowledge that most swans are property of the King, it is not quite so commonly known that all whales and great sturgeons caught in British waters are also property of the King according to the Prerogative Regis of 1322. Traditionally the head was given to the King and the tail given to the Queen, to provide boning for her stays. In 1970, the Queen was persuaded to give up her right to whales and great sturgeons but the repeal never passed through the House of Lords. Today the law no longer has any effect due to international conservation laws which prohibit the capture of whales and great sturgeons yet still remains in law books.
Therefore, whilst the King is immune to most common law, he is certainly not free from rules.
