Act of Parliament | |
Long title | An Act for repealing so much of several Acts as imposes the Necessity of receiving the Sacrament of the Lord's Supper as a Qualification for certain Offices and Employments. |
---|---|
Citation | 9 Geo. 4. c. 17 |
Dates | |
Royal assent | 9 May 1828 |
Repealed | 13 July 1871 |
Other legislation | |
Repealed by | Promissory Oaths Act 1871 |
Status: Repealed |
The Sacramental Test Act 1828 (9 Geo. 4. c. 17) was an Act passed by the Parliament of the United Kingdom. It repealed the requirement that government officials take communion in the Church of England. Sir Robert Peel took the lead for the Tory government in the repeal and collaborated with Anglican Church leaders. [1] [2]
The Corporation Act 1661 laid down that all mayors and officials in municipal corporations had to receive the sacrament of Holy Communion in accordance with the rites of the Church of England. They also had to take the oath of allegiance, the oath of supremacy and non-resistance and declare that the Solemn League and Covenant to be false. [3] Under the Test Act 1673, all holders of civil and military offices and places of trust under the Crown had to take the oaths of allegiance and supremacy and receive the Anglican sacrament. [4] However, in practice the full force of the law was not exacted against Protestant Dissenters: an annual Indemnity Act was frequently passed that ensured that Dissenters were allowed to hold public office.
On 17 February 1827, the Prime Minister Lord Liverpool suffered a stroke. George Canning succeeded him in April. The formation of Canning's ministry revolved around Catholic emancipation, with the anti-Catholics Lord Eldon, the Duke of Wellington, Sir Robert Peel, Lord Bathurst and Lord Westmoreland refusing to serve. Canning persuaded the Whigs Henry Brougham and George Tierney into forming a coalition on the condition that the Whig ministers did not attempt to repeal the Test and Corporation Acts or promote parliamentary reform. (Canning himself would not support Repeal until Catholic emancipation had been achieved.) Brougham wrote to Thomas Creevey on 21 April on the reason for joining Canning: "My principle is – anything to lock the door for ever on Eldon and Co." [5] On 7 June, Lord John Russell withdrew his motion for Repeal of the Test and Corporation Acts but pledged to introduce it again in the next session of Parliament. On 8 August Canning died and the coalition fell apart, with the Duke of Wellington forming a ministry. [6]
On 26 February 1828, Russell introduced the Sacramental Test Bill, which would Repeal the Test and Corporation Acts. Russell argued that religious liberty was a more effective safeguard for the Church of England than exclusion and that the Bill would stop the reprehensible practice of the most sacred rite of Christianity being used for a purely secular end. [7] Peel supported the Bill on the government's behalf on the condition that the following declaration would be included:
I, A. B., do solemnly declare that I will never exercise any power, authority, or influence, which I may possess by virtue of the office of — to injure or weaken the Protestant Church as it is by law established within this realm, or to disturb it in the possession of any rights or privileges to which it is by law entitled. [8]
The declaration was approved in the committee stage and was sent up to the House of Lords, [9] after passing the House of Commons by 237 to 193. [10] In March 1828, Peel met the Archbishops of Canterbury and York, and the Bishops of London, Durham, Chester and Llandaff. He managed to persuade them to let the Bill pass through the Lords; in the vote no Bishop opposed the Bill. [11] Russell wrote on 31 March: "Peel is a very pretty hand at hauling down his colours. It is a really gratifying thing to force the enemy to give up his first line, that none but churchmen are worthy to serve the state, and I trust we shall soon make him give up the second, that none but Protestants are". [12] [13] The former Lord Chancellor in the previous Tory administrations, Lord Eldon, wrote to his daughter in April:
...the administration have – to their shame, be it said – got the Archbishops and most of the Bishops to support this revolutionary Bill. I voted as long ago as in the years, I think, 1787, 1789, and 1790, against a similar measure; Lord North and Pitt opposing it as destructive of the Church Establishment – Dr Priestley, a Dissenting minister, then asserting, that he had laid a train of gunpowder under the Church, which would blow it up; and Dr Price, another Dissenting minister, blessing God that he could depart in peace, as the revolution in France would lead here to the destruction of all union between Church and State. The young men and lads in the House of Commons are too young to remember these things. From 1790 to 1827, many and various have been the attempts to relieve the Catholics, but through those thirty-seven years nobody has thought, and evinced that thought, of proposing such a Bill as this in Parliament, as necessary, or fit, as between the Church and the Dissenters. Canning, last year, positively declared that he would oppose it altogether. [14]
The Whig peer Lord Holland wrote to Henry Fox on 10 April:
It is the greatest victory over the principle of persecution & exclusion yet obtained. Practically there have been greater such as the Toleration Act in W 3d's time & the Catholick bill of 1792. Practically too the Catholick Emancipation when it comes will be a far more important measure, more immediate & more extensive in its effects – but in principle this is the greatest of them all as it explodes the real Tory doctrine that Church & State are indivisible. [15]
The supporters of the Test and Corporation Acts moved wrecking amendments to modify the Bill but these were defeated by large majorities. [14] Lord Eldon unsuccessfully moved to include the words "I am a Protestant" into the declaration. [16] The Bishop of Llandaff, however, managed to get included into the declaration the words "upon the true faith of a Christian" in the face of Lord Holland's opposition. A religious test thus remained on the statute book until repealed in 1866. [16] The Bill received its third reading on 2 May and on 9 May received royal assent. [17]
The Act led to "an explosion of pamphlets on the question of Catholic emancipation throughout the remainder of that year and on into the next". [18] Immediately after the Act passed Parliament Sir Francis Burdett in the Commons and Lord Lansdowne in the Lords raised the issue of Catholic emancipation. [19] The Catholic Relief Act 1829 repealed the Test Act 1678 that had required all MPs to take the oath of abjuration, declare against transubstantiation and against the invocation of the Virgin Mary and the sacrifice of the mass. [4]
The "upon the true faith of a Christian" phrase in the new oath maintained a hurdle for Jewish candidates for political office, delaying the emancipation of the Jews in the United Kingdom until 1858. Atheists remained barred until 1886.
The 1828 act and others relating to oaths were superseded by the Promissory Oaths Act 1868, and were formally repealed by the Promissory Oaths Act 1871 as part of the statute law revision program. [20]
Recusancy was the state of those who remained loyal to the Catholic Church and refused to attend Church of England services after the English Reformation.
Sir Robert Peel, 2nd Baronet,, was a British Conservative statesman who twice was Prime Minister of the United Kingdom, and simultaneously was Chancellor of the Exchequer (1834–1835). He previously was Home Secretary twice. He is regarded as the father of modern British policing, owing to his founding of the Metropolitan Police Service while he was Home Secretary. Peel was one of the founders of the modern Conservative Party.
Nonconformists were Protestant Christians who did not "conform" to the governance and usages of the state church in England, and in Wales until 1914, the Church of England.
John Russell, 1st Earl Russell,, known by his courtesy title Lord John Russell before 1861, was a British Whig and Liberal statesman who was Prime Minister of the United Kingdom from 1846 to 1852 and again from 1865 to 1866.
In English history, the penal laws were a series of laws that sought to uphold the establishment and State decreed religious monopoly of the Church of England against illegal and underground Catholics and Protestant nonconformists by imposing various forfeitures, civil penalties, and civil disabilities upon recusants from mandatory attendance at weekly Anglican Sunday services. The penal laws in general were repealed in the early 19th century during the process of Catholic Emancipation. Penal actions are civil in nature and were not English common law.
The Test Acts were a series of penal laws originating in Restoration England, passed by the Parliament of England, that served as a religious test for public office and imposed various civil disabilities on Catholics and nonconformist Protestants.
Catholic emancipation or Catholic relief was a process in the kingdoms of Great Britain and Ireland, and later the combined United Kingdom in the late 18th century and early 19th century, that involved reducing and removing many of the restrictions on Roman Catholics introduced by the Act of Uniformity, the Test Acts and the penal laws. Requirements to abjure (renounce) the temporal and spiritual authority of the pope and transubstantiation placed major burdens on Roman Catholics.
An Act to prevent the further Growth of Popery was an Act of the Parliament of Ireland that was passed in 1704 designed to suppress Roman Catholicism in Ireland ("Popery"). William Edward Hartpole Lecky called it the most notorious of the Irish Penal Laws.
The Roman Catholic Relief Act 1829, also known as the Catholic Emancipation Act 1829, removed the sacramental tests that barred Roman Catholics in the United Kingdom from Parliament and from higher offices of the judiciary and state. It was the culmination of a fifty-year process of Catholic emancipation which had offered Catholics successive measures of "relief" from the civil and political disabilities imposed by Penal Laws in both Great Britain and in Ireland in the seventeenth, and early eighteenth, centuries.
The Catholic Association was an Irish Roman Catholic political organization set up by Daniel O'Connell in the early nineteenth century to campaign for Catholic emancipation within Great Britain. It was one of the first mass-membership political movements in Europe. It organized large-scale public protests in Ireland. Home Secretary Robert Peel was alarmed and warned an associate of his in 1824, "We cannot tamely sit by while the danger is hourly increasing, while a power co-ordinate with that of the government is rising by its side, nay, daily counteracting its views." The Duke of Wellington, Britain's prime minister and its most famous war hero, told Peel, "If we cannot get rid of the Catholic Association, we must look to civil war in Ireland sooner or later." To stop the momentum of the Catholic Association it was necessary to pass Catholic Emancipation, and so Wellington and Peel turned enough Tory votes to win. Passage demonstrated that the veto power long held by the Ultra-Tories faction of reactionary Tories no longer was operational, and significant reforms were now possible.
The Corporation Act 1661 was an Act of the Parliament of England. It belonged to the general category of test acts, designed for the express purpose of restricting public offices in England to members of the Church of England.
In Ireland, the penal laws were a series of legal disabilities imposed in the seventeenth, and early eighteenth, centuries on the kingdom's Roman Catholic majority and, to a lesser degree, on Protestant "Dissenters". Enacted by the Irish Parliament, they secured the Protestant Ascendancy by further concentrating property and public office in the hands of those who, as communicants of the established Church of Ireland, subscribed to the Oath of Supremacy. The Oath acknowledged the British monarch as the "supreme governor" of matters both spiritual and temporal, and abjured "all foreign jurisdictions [and] powers"—by implication both the Pope in Rome and the Stuart "Pretender" in the court of the King of France.
The Ultra-Tories were an Anglican faction of British and Irish politics that appeared in the 1820s in opposition to Catholic emancipation. The faction was later called the "extreme right-wing" of British and Irish politics.
Henry Pelham Fiennes Pelham-Clinton, 4th Duke of Newcastle-under-Lyne was a British nobleman and politician who played a leading part in British politics in the late 1820s and early 1830s. He was styled Lord Clinton from birth until 1794 and Earl of Lincoln between 1794 and 1795.
The Papists Act 1778 is an Act of the Parliament of Great Britain and was the first Act for Roman Catholic relief. Later in 1778 it was also enacted by the Parliament of Ireland.
The English Protestant Reformation was imposed by the English Crown, and submission to its essential points was exacted by the State with post-Reformation oaths. With some solemnity, by oath, test, or formal declaration, English churchmen and others were required to assent to the religious changes, starting in the sixteenth century and continuing for more than 250 years.
The Roman Catholic Relief Bills were a series of measures introduced over time in the late eighteenth and early nineteenth centuries before the Parliaments of Great Britain and the United Kingdom to remove the restrictions and prohibitions imposed on British and Irish Catholics during the English Reformation. These restrictions had been introduced to enforce the separation of the English church from the Catholic Church which began in 1529 under Henry VIII.
Unlawful Oaths Act is a stock short title used for legislation in the United Kingdom and the Republic of Ireland relating to unlawful oaths.
The Toleration Act 1689, also referred to as the Act of Toleration, was an Act of the Parliament of England. Passed in the aftermath of the Glorious Revolution, it received royal assent on 24 May 1689.
21 & 22 Vict. c. 48 was an 1858 Act of the UK Parliament which replaced three separate oaths of office with a single oath of allegiance to the British monarch. Besides an oath of allegiance, those holding public office had previously been required to take the Oath of Supremacy and the Oath of Abjuration.