Jacobite Succession — The Stuart Claim to the Throne

The Stuart Succession: The Legal and Dynastic Argument

The Jacobite cause rested on a single fundamental claim: that James II had been unlawfully removed from the throne in 1688, and that the hereditary rights of his descendants remained valid regardless of what Parliament, William III, or the Hanoverians might say. Understanding this claim — and why it commanded genuine loyalty for nearly sixty years — requires understanding the legal and political theory of kingship in the late seventeenth century.

James II and His Claim

James Stuart was born in 1633, the second surviving son of Charles I. He witnessed the Civil War, the execution of his father in 1649, and the long exile of the Commonwealth period. He fought in the service of France and Spain during the Interregnum, developing genuine military ability. When his brother Charles II was restored to the throne in 1660, James became Duke of York — heir presumptive, since Charles had no legitimate children.

James converted to Catholicism in the early 1670s. He kept this largely private for some years, but it became known and caused serious political controversy. The Exclusion Crisis of 1679–1681 saw a major parliamentary attempt to exclude James from the succession. Charles II successfully resisted exclusion, and on his death in 1685 James succeeded as James II of England and James VII of Scotland.

His reign lasted less than four years. See our full article on James II for the history of his reign and deposition.

The Legitimacy Argument

The Jacobite argument rested on the doctrine of divine right of kings and indefeasible hereditary right. Under this theory:

1. The right to the crown descended through blood by God's law, not by human law or parliamentary decision
2. Parliament could not lawfully deprive an anointed king of his throne, still less his heirs of their hereditary rights
3. James II had not abdicated — he had been forced to flee by the threat of armed invasion
4. Therefore William III and Mary II, Anne, George I, and all subsequent Hanoverian monarchs reigned unlawfully

This was not merely a cynical political position. Many people — particularly Catholics and Episcopalians, particularly in Scotland and Ireland — genuinely believed it. The concept of the divinely ordained legitimate ruler was not abstract theology; it shaped real political loyalties.

The counter-argument — made by Whig theorists like John Locke, and embedded in the Revolution settlement — held that kings governed by contract with the people, that James had violated this contract by his arbitrary and pro-Catholic policies, and that Parliament therefore had the right (and duty) to replace him.

Both positions were held with genuine conviction. The Jacobite rising of 1745 was not simply an adventurist coup attempt — it drew on deep and sincerely held beliefs about legitimacy that had real force in eighteenth-century political culture.

The Line of Succession: Stuart to Jacobite Claimants

James II (1633–1701): King of England, Scotland, and Ireland (reigned 1685–1688). Deposed in the Glorious Revolution. Died in exile at Saint-Germain-en-Laye, France, 1701.

James Francis Edward Stuart (1688–1766): Son of James II and Mary of Modena. Known to Jacobites as James III/VIII ('The Old Pretender'). Born at St James's Palace, London, on 10 June 1688 — his birth triggered the Glorious Revolution by guaranteeing a Catholic succession. Raised in France and later settled in Rome. Made the personal claim to the throne throughout his life. Married Maria Clementina Sobieski in 1719. Died in Rome, 1 January 1766.

Charles Edward Stuart (1720–1788): Elder son of James Francis Edward Stuart. Known as 'Bonnie Prince Charlie' and 'The Young Pretender'. Born in Rome, 31 December 1720. Led the Jacobite Rising of 1745. After his father's death in 1766, claimed the title Charles III. Died in Rome, 31 January 1788, without legitimate heirs.

Henry Benedict Stuart (1725–1807): Younger son of James Francis Edward Stuart, brother of Charles Edward Stuart. Known to Jacobites as Henry IX/I. Entered the Catholic Church and became a cardinal — Henry Benedict Stuart, Cardinal of York. In later life, he received a pension from the British Crown (arranged by George III). Died without heirs in 1807. His death ended the direct male Stuart line.

The Claim After Henry

After the death of Cardinal Henry in 1807, the Jacobite succession became genealogically complex. Various individuals have been identified as theoretical heirs through collateral lines — principally through the female line descending from Henrietta, Duchess of Orleans (sister of Charles II), and through the Bavarian House of Wittelsbach (the Electors of Bavaria are sometimes identified as hereditary heirs to the Stuart claim).

These claims are of genealogical and historical interest but have no political significance. The Hanoverian (later Windsor) line has been established on the British throne for over three centuries, and the Jacobite succession is a matter of historical scholarship rather than live politics.