Re: The royal wedding that might have turned an exiled princess into a queen
Posted by Susan T on December 2, 2021, 9:34 am, in reply to "Re: The royal wedding that might have turned an exiled princess into a queen"
Here is the wording of His Majesty’s Declaration of Abdication Act 1936 |
1936 CHAPTER 3 1 Edw 8 and 1 Geo 6
An Act to give effect to His Majesty’s declaration of abdication; and for purposes connected therewith.
[11th December 1936]
Whereas His Majesty by His Royal Message of the tenth day of December in this present year has been pleased to declare that He is irrevocably determined to renounce the Throne for Himself and His descendants, and has for that purpose executed the Instrument of Abdication set out in the Schedule to this Act, and has signified His desire that effect thereto should be given immediately:
And whereas, following upon the communication to His Dominions of His Majesty’s said declaration and desire, the Dominion of Canada pursuant to the provisions of section four of theM1 Statute of Westminster 1931 has requested and consented to the enactment of this Act, and the Commonwealth of Australia, the Dominion of New Zealand, and the Union of South Africa have assented thereto:
1 Effect of His Majesty’s declaration of abdication.
(1) Immediately upon the Royal Assent being signified to this Act the Instrument of Abdication executed by His present Majesty on the tenth day of December, nineteen hundred and thirty-six, set out in the Schedule to this Act, shall have effect, and thereupon His Majesty shall cease to be King and there shall be a demise of the Crown, and accordingly the member of the Royal Family then next in succession to the Throne shall succeed thereto and to all the rights, privileges, and dignities thereunto belonging.
(2) His Majesty, His issue, if any, and the descendants of that issue, shall not after His Majesty’s abdication have any right, title or interest in or to the succession to the Throne, and section one of the Act of Settlement shall be construed accordingly.
(3) The Royal Marriages Act 1772 shall not apply to His Majesty after His abdication nor to the issue, if any, of His Majesty or the descendants of that issue.
I, Edward the Eighth, of Great Britain, Ireland, and the British Dominions beyond the Seas, King, Emperor of India, do hereby declare My irrevocable determination to renounce the Throne for Myself and for My descendants, and My desire that effect should be given to this Instrument of Abdication immediately.
In token whereof I have hereunto set My hand this tenth day of December, nineteen hundred and thirty-six, in the presence of the witnesses whose signatures are subscribed.
Signed at Fort Belvedere
in the presence of
So, the abdication was treated as a death, note the words "demise of the Crown".
Selecting anybody other than the Duke of York would have required a new Act of Settlement.
Link: His Majesty’s Declaration of Abdication Act 1936