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{{Short description|British and Commonwealth legal term for transfer of Crown}}
{{Use dmy dates|date=April 2022}}
[[File:Lord Stanley Brings the Crown of Richard (wide).jpg|thumb|upright 1.3|An early example of a demise of the Crown:
'''Demise of the Crown''' is the legal term in the [[United Kingdom]] and the [[Commonwealth realms]] for the transfer of [[the Crown]] upon the death of the monarch. The Crown transfers automatically to the monarch's heir. The concept evolved in the [[kingdom of England]], and was continued in [[Great Britain]] and then the United Kingdom. The concept also became part of the constitutions of the [[British Empire|British colonies]], and was continued in the constitutions of the Commonwealth realms, until modified within those realms.▼
▲'''Demise of the Crown''' is the [[Jargon|legal term]] in the [[United Kingdom]] and the other [[Commonwealth realms]] for the transfer of [[the Crown]] upon the death or abdication of the monarch.
Originally, the demise of the Crown in England had significant legal effects: individuals who had been appointed to office by the deceased monarch lost their positions; if Parliament was sitting, it automatically dissolved; and actions in the royal courts automatically discontinued and had to be re-started. Almost all of these legal effects have been abolished by statutes of the British Parliament and the parliaments of the Commonwealth realms, so that the demise of the Crown no longer has much legal significance.▼
▲Originally, the demise of the Crown in England had significant legal effects:
Although the concept of the demise of the Crown originally was based on the monarch's death, it was used in 1936 to describe the transfer of the Crown to [[George VI]] upon the abdication of [[Edward VIII]].▼
▲Although the concept of the demise of the Crown originally was based on the monarch's death, it was used in 1936 to describe the transfer of the Crown to [[George VI]] upon the [[abdication of
Other monarchies use different terminologies for the end of a [[reign]].
If the monarch who dies or abdicates is the Queen and her successor is the King, references to 'Queen's' automatically changes to 'King's' - for example, lawyers in the Dominions of the Crown who are Queen's Counsel (Q.C.) at the time of the demise become [[King's Counsel]] (K.C.) without any need to seek new [[letters patent]]. The reverse is also true, as was the case from 6 February 1952 upon the [[death of King George VI]], when living King's Counsel became Queen's Counsel.
==English origins==
===Meaning of the term===
The term "demise" was originally a [[law French]] term used for the transfer of real property, whether by lease or sale.<ref>David M. Walker, ''Oxford Companion to Law'' (Oxford: Clarendon Press, 1980), "demise".</ref> Blackstone notes that this term for the transfer of property then became used on the death of the monarch to mean "the kingdom is transferred or demised to his successor." "[[Demise]]" in this sense is not referring to the monarch's death, but to the automatic transfer of the monarchy to the heir, by operation of law:▼
▲The term "demise" was originally a [[law French]] term used for the transfer of real property, whether by lease or sale.<ref>David M. Walker, ''Oxford Companion to Law'' (Oxford: Clarendon Press, 1980), "demise".</ref> [[William Blackstone|Blackstone]] notes that this term for the transfer of property then became used on the death of the monarch to mean "the kingdom is transferred or demised to his successor
{{block indent |A THIRD attribute of the king's majesty is his ''perpetuity''. The law ascribes to him, in his political capacity, an absolute immortality. The king never dies. Henry, Edward, or George may die; but the king survives them all. For immediately upon the decease of the reigning prince in his natural capacity, his kingship or imperial dignity, by act of law, without any ''interregnum'' or interval, is vested at once in his heir, who is, ''eo instanti'', king to all intents and purposes.<ref name=Blackstone>William Blackstone, ''Commentaries on the Laws of England'', 1st ed. (Oxford: Clarendon Press, 1765–1769; facsimile edition, Chicago: University of Chicago Press, 1979), Book the First, p. 181.</ref><ref>See also ''[[Halsbury's Laws of England]]'', 4th edition re-issue (London: Butterworths, 1998), Vol. 8(2), para. 40, note 1.</ref>}}▼
▲{{
===Historical effects of the demise of the Crown===
The historical effects of the demise of the Crown were the result of the personal nature of the monarch as head of government in the medieval period.
==== Dissolution of Parliament ====
A demise resulted in the immediate [[Dissolution of the Parliament of the United Kingdom|dissolution of Parliament]].
==== Offices became vacant ====
All Crown offices appointed by the monarch immediately became vacant upon the demise of the Crown.
====Discontinuance of legal actions====
The demise of the Crown also brought to an end all existing proceedings in the royal courts.
== British reforms ==
===Reforms of the late Stuart period (1695 – 1707)===
[[File:James II by Peter Lely.jpg|thumb|upright 0.60|James II (reigned 1685–1688)]]
[[File:King William III of England.jpg|thumb|upright 0.60|William III (reigned 1689–1702)]]
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[[File:Dahl, Michael - Queen Anne - NPG 6187.jpg|thumb|upright 0.60|Anne (reigned 1702–1714)]]
Following the [[Glorious Revolution]], the flight of [[James II of England|James II]] with his infant son [[James Francis Edward Stuart|Prince James]] to France, and the installation of [[William III of England|William III]] and [[Mary II of England|Mary II]] as joint monarchs, there was political unrest in Britain.
{{
In response to this situation, the English Parliament enacted laws to preserve royal officials in office, notwithstanding the demise of the Crown.
The same concern arose with respect to Parliament:
The Demise of the Crown Act 1702 also dealt with the effect of the demise on court actions.
=== 19th century reforms ===
The British Parliament continued to reduce the impact of the demise of the Crown during the 19th century.
In 1867, Parliament enacted the [[Reform Act 1867|Representation of the People Act 1867]], repealing the provisions in the Succession to the Crown Act 1707 which extended the life of a Parliament for six months after the death of the monarch.
The last time the British Parliament legislated for the Empire as a whole in relation to the demise of the Crown was upon the death of [[Queen Victoria]] in 1901. It enacted the [[Demise of the Crown Act 1901]], which continued in office all public officials in Britain and the Empire.<ref>Demise of the Crown Act 1901 (UK), 1 Edw. VII (1901), c. 5.</ref> This Act expressly applies to all future demises. Accordingly, even the Prime Minister no longer needs to be reappointed after a demise of the Crown, as all officeholders immediately continue to serve under the new monarch for an unlimited period of time, without the legal need to retake their oaths of allegiance or of office, their appointments being unaffected by the demise of the Crown.
In Parliament, however, by tradition members of both Houses still retake their oaths of allegiance upon a demise of the Crown. While Parliament is required to meet upon a demise, there is no legal compulsion on members of the House of Commons to retake their oaths in mid-Parliament. The re-taking of the oaths with the explicit mention of the new monarch's name is merely a matter of tradition. The oath taken to the new monarch's predecessor already includes a reference to heirs and successors anyway. In the House of Lords, however, there is an official requirement in the Standing Orders of that House that members must retake their oaths of allegiance in order to continue taking part in the business of the House.
== Abdication of Edward VIII ==
[[File:Edward abdication.png|thumb|upright=1.1|The [[Instrument of Abdication]] signed by [[Edward VIII]], which was given legal force by His Majesty's Declaration of Abdication Act]]
Although the concept of the demise of the Crown evolved in the context of the death of the monarch, it was also used in the case of the [[Abdication of Edward VIII]] in 1936. == Practice upon the demise==
===United Kingdom===
[[File:StJamesPalaceGuards.jpg|thumb|The Proclamation Gallery of St James' Palace, where the proclamation of the new monarch is first read]]▼
Upon the Crown's demise, in the [[United Kingdom]], a meeting of the [[Accession Council]] is held at [[St James's Palace]] in [[London]] in order to give directions for the proclamation of the new monarch. All members of the [[Privy Council of the United Kingdom|Privy Council]], the [[Lord Mayor of London]] and the [[Court of Aldermen]], and the [[High commissioner (Commonwealth)|High Commissioners]] of the Commonwealth realms are invited to the Council. This meeting is to arrange for the formal proclamation of the new monarch. Neither the identity nor the accession to the throne of the next monarch depends on the Council, as the new monarch has already automatically succeeded by the demise of the Crown. The proclamation takes place in London at [[St James's Palace]], [[Charing Cross]], within the City Boundary at [[Temple Bar, London|Temple Bar]], and the [[Royal Exchange, London|Royal Exchange]]. The new monarch is also proclaimed at [[Edinburgh]], [[Belfast]] and [[Cardiff]].<ref>{{Cite web |last=Ciara.Berry |date=2016-01-15 |title=Accession |url=https://www.royal.uk/accession |access-date=2022-03-01 |website=The Royal Family |language=en}}</ref><ref>{{Cite web |title=The Accession Council |url=https://privycouncil.independent.gov.uk/privy-council/the-accession-council/ |access-date=2022-03-01 |website=Privy Council |language=en-GB}}</ref>▼
▲[[File:StJamesPalaceGuards.jpg|thumb|upright=1.3|The [[Proclamation Gallery]] of [[St James' Palace]] in London, where the proclamation of the new British monarch is first read]]
The [[Succession to the Crown Act 1707]] provides that if Parliament is adjourned or prorogued upon a demise of the Crown, it must meet as soon as possible.<ref>Succession to the Crown Act 1707, s. 5.</ref> If sitting, Parliament must immediately proceed to act without any summons in the usual form.<ref name=lordscompanion>{{cite book |last=Pownall |first=Michael |title=Companion to the Standing Orders and Guide to the Proceedings of the House of Lords |at=Chapter 2 |url=https://publications.parliament.uk/pa/ld/ldcomp/compso2010/ldctso05.htm#a24 |accessdate=13 March 2012 |authorlink=Michael Pownall |year=2010 |isbn=978-0-10-847241-1 }}</ref> At the first meeting of Parliament under a new monarch there is no [[speech from the throne]]. All [[members of Parliament]] and members of the [[House of Lords]] gather in peace and swear or affirm an [[oath of allegiance|allegiance]] to the new sovereign.<ref>W.R. McKay and Frank Cranmer, ''Erskine-May — Parliamentary Practice'', 23rd ed. (London: Lexis Nexis, 2004), p. 284.</ref> The House votes an Address to the Crown in response to the official notification of the previous monarch's demise, expressing condolences upon the death of the previous monarch and pledging loyalty to his or her successor.▼
▲Upon the Crown's demise, in the [[United Kingdom]], a meeting of the [[Accession Council]] is held at [[St James's Palace]] in [[London]] in order to give directions for the proclamation of the new monarch. All members of the [[Privy Council of the United Kingdom|Privy Council]], the [[Lord Mayor of London]] and the [[Court of Aldermen]], and the [[High commissioner (Commonwealth)|High Commissioners]] of the Commonwealth realms are invited to the Council.
▲The [[Succession to the Crown Act 1707]] provides that if Parliament is adjourned or prorogued upon a demise of the Crown, it must meet as soon as possible.<ref>Succession to the Crown Act 1707, s. 5.</ref> If sitting, Parliament must immediately proceed to act without any summons in the usual form.<ref name=lordscompanion>{{cite book |last=Pownall |first=Michael |title=Companion to the Standing Orders and Guide to the Proceedings of the House of Lords |at=Chapter 2 |url=https://publications.parliament.uk/pa/ld/ldcomp/compso2010/ldctso05.htm#a24 |accessdate=13 March 2012 |authorlink=Michael Pownall |year=2010 |publisher=The Stationery Office |isbn=978-0-10-847241-1 }}</ref>
Under the [[Representation of the People Act 1985]], if the demise of the Crown occurs during a [[general election]], the vote is postponed by fourteen days.<ref>Representation of the People Act 1985 (UK), 1985, c. 50, s. 20.</ref>
=== Canada ===
==== Colonial period ====
[[File:George III by Henry Meyer.jpg|thumb|upright 0.70|George III in 1817]]
The legal effects of the demise of the Crown became part of the constitutional law of the [[British North America]]n colonies, through the doctrine of the reception of English law.
The practice of dissolving the parliament upon the demise of the Crown was ended in the [[Parliament of the Province of Canada]] in 1843, and later re-affirmed with the [[Parliament of Canada]] through new legislation in 1867.<ref>{{cite journal|title=When the Bell Tolls for Parliament: Dissolution by Efflux of Time|journal=Journal of Parliamentary and Political Law|volume=11|year=2017|last=Bowden|first=James|page=130|url=https://ssrn.com/abstract=2975404}}</ref>
====
In [[Canada]] the [[Queen's Privy Council for Canada|Privy Council for Canada]] meets in [[Ottawa]] to perform the same functions as in other realms.<ref name=Manu>{{cite book|title=Manual of Official Procedure of the Government of Canada|url= https://jameswjbowden.files.wordpress.com/2011/09/manual-of-official-procedure-of-the-goc.pdf|last1=Davis|first1=Henry F.|last2=Millar|first2=André|location=Ottawa|publisher=Privy Council Office|year=1968|page=575}}</ref>
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Upon the accession of the new monarch, similar formalities are followed in the Commonwealth realms, as the monarch holds their position separately in each realm.
Similar meetings are held by Australia's [[Federal Executive Council (Australia)|Federal Executive Council]] in [[Canberra]], the Executive Councils of the various Australian States, the [[Executive Council of New Zealand]] in [[Wellington]] and equivalent bodies in the other Commonwealth realms.
Viceregal appointments remain unaffected by the demise of the Crown. Governors-General, Governors, and Lieutenant-Governors automatically remain in office, therefore, serving under both the preceding and succeeding monarchs.
==Coronation==
The [[
The coronation is purely the ceremonial end of the accession process.
==See also==
* [[The king is dead, long live the king!]]
* [[Operation London Bridge]]
==References==
{{reflist}}
[[Category:
[[Category:Monarchy
[[Category:
[[Category:
[[Category:History of the Commonwealth of Nations]]
[[Category:Monarchy of Canada]]
[[Category:Monarchy of Australia]]
[[Category:Monarchy of New Zealand]]
[[Category:Legal doctrines and principles]]
[[Category:Legal terminology]]
[[Category:Law of the United Kingdom]]
[[Category:Law of Australia]]
[[Category:Law of Canada]]
[[Category:Law of New Zealand]]
[[Category:Proclamations]]
[[Category:State ritual and ceremonies]]
[[Category:Abdication]]
[[Category:Death customs]]
[[Category:Euphemisms]]
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