However, that clause was not to come into effect until Anne's death, which would not occur until 1714. In the meantime, Whigs desired to maintain a strong executive for the Hanoverian kings who would succeed Anne, whereas Tories wished to check the power of royal placemen. Tory desires to maintain the absolute ban on placemen in the House were narrowly defeated during the making of the Regency Act 1705, while a Whig compromise to limit them to 40 passed but modified in the House of Lords. The Lords replaced the original list of offices that placemen could hold with a negative list of offices that would disqualify one from the Commons; while the Lords wished mainly to add certain prize offices to those already disqualified from the Commons, Tories in the Commons added several other offices, including all created after 25 October 1705. This process led to a "characteristically illogical English compromise" between those supporting the Crown's ability to dispense patronage and those wishing to bolster the Commons' ability to check the Crown; starting from the Regency Act (which commenced 1706) and continuing with sections 24 and 25 of the Succession to the Crown Act 1707, those holding an office of profit under the Crown (including ministries, even those created before 1705), were required to vacate their seats in the Commons, but could maintain their offices if they were re-elected. As a rule, the requirement to stand in a by-election only applied when an elected legislator was first appointed to a portfolio. Any ministers already holding portfolios were not required to contest additional by-elections to remain ministers after being returned in a subsequent general election where their party formed government.
