Act of Parliament | |
Long title | An Act for granting an Aid to His Majesty, by laying a Tax upon Papists; and for making such other Persons as, upon due Summons, shall refuse or neglect to take the Oaths therein mentioned, to contribute towards the said Tax, for reimbursing to the Public Part of the great Expences occasioned by the late Conspiracies; and for discharging the Estates of Papists from Two Third Parts of the Rents and Profits thereof for One Year, and all Arrears of the same; and from such Forfeitures as are therein more particularly described. |
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Citation | 9 Geo. 1. c. 18 |
Dates | |
Royal assent | 27 May 1723 |
Other legislation | |
Repealed by | Statute Law Revision Act 1867 |
Status: Repealed |
The Taxation Act 1722 (9 Geo. 1. c. 18) was an Act of the Parliament of Great Britain passed in response to the Jacobite risings and the Atterbury Plot. The Taxation Act, with the Oaths Act, is known collectively as the Papists Act 1722.
Following the Jacobite rising of 1715, and seeking to curtail the political activity of both Catholics and partisans seeking to restore the Stuart dynasty, the legislature passed multiple bills that varyingly penalized and taxed Catholics, Irish subjects, and other political dissidents. Similar bills passed the parliament throughout the eighteenth century, frequently ratified in waves following similar events of rebellion, most notably the second Jacobite rising of 1745.
The Taxation Act 1722, also referred to as the "papists tax", [1] was championed by Robert Walpole, 1st Earl of Orford (who is generally regarded as the first Prime Minister of Great Britain). The tax sought to levy £100,000, which was to paid in addition to the double Land Tax already owed by Roman Catholics. The act's sister legislation, the Oaths Act, required a statement from Catholics in support of George I, and further oaths of royal supremacy that compromised the faith of Catholic subjects. [2]
Both acts received royal assent in 1723. [3]
Jacobitism was a political movement that supported the restoration of the senior line of the House of Stuart to the British throne. The name derives from the first name of James II of England, which is rendered in Latin as Jacobus. When James went into exile after the November 1688 Glorious Revolution, the Parliament of England decided that he had abandoned the English throne, which they offered to his Protestant daughter Mary II of England, and her husband William III. In April, the Scottish Convention held that James "forfeited" the throne of Scotland by his actions, listed in the Articles of Grievances.
The Bill of Rights 1689 is an Act of the Parliament of England that set out certain basic civil rights and clarified who would be next to inherit the Crown. It remains a crucial statute in English constitutional law.
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 words Popery and Papism are mainly historical pejorative words in the English language for Roman Catholicism, once frequently used by Protestants and Eastern Orthodox Christians to label their Roman Catholic opponents, who differed from them in accepting the authority of the Pope over the Christian Church. The words were popularised during the English Reformation (1532–1559), when the Church of England broke away from the Roman Catholic Church and divisions emerged between those who rejected papal authority and those who continued to follow Rome. The words are recognised as pejorative; they have been in widespread use in Protestant writings until the mid-nineteenth century, including use in some laws that remain in force in the United Kingdom.
Caesaropapism is the idea of combining the social and political power of secular government with religious power, or of making secular authority superior to the spiritual authority of the Church, especially concerning the connection of the Church with government. Although Justus Henning Böhmer (1674–1749) may have originally coined the term caesaropapism (Cäseropapismus), it was Max Weber (1864–1920) who wrote that "a secular, caesaropapist ruler ... exercises supreme authority in ecclesiastic matters by virtue of his autonomous legitimacy." According to Weber, caesaropapism entails "the complete subordination of priests to secular power."
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.
The Parliament of Ireland was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until the end of 1800. It was modelled on the Parliament of England and from 1537 comprised two chambers: the House of Commons and the House of Lords. The Lords were members of the Irish peerage and bishops. The Commons was directly elected, albeit on a very restricted franchise. Parliaments met at various places in Leinster and Munster, but latterly always in Dublin: in Christ Church Cathedral, Dublin Castle, Chichester House (1661–1727), the Blue Coat School (1729–31), and finally a purpose-built Parliament House on College Green.
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.
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 Roman Catholic Relief Act 1791 is an Act of the Parliament of Great Britain passed in 1791 relieving Roman Catholics of certain political, educational, and economic disabilities. It admitted Catholics to the practice of law, permitted the exercise of their religion, and the existence of their schools. On the other hand, chapels, schools, officiating priests and teachers were to be registered, assemblies with locked doors, as well as steeples and bells to chapels, were forbidden; priests were not to wear vestments or celebrate liturgies in the open air; children of Protestants were not to be admitted to the schools; monastic orders and endowments of schools and colleges were prohibited.
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.
The Papists Act 1715 was an Act of the Parliament of Great Britain. The Act required Roman Catholics who did not take the oath of fidelity to register their property.
The Papists Act 1722 was an Act of the Parliament of Great Britain, enacted after the discovery of the Jacobite Atterbury Plot. The Act required landowners to take the oaths of allegiance, supremacy, and abjuration, by 25 December 1723; those who declined were to register their estates by 25 March 1724 (N.S)/1723 (O.S).
The Succession to the Crown Act 2013 is an Act of the Parliament of the United Kingdom that altered the laws of succession to the British throne in accordance with the 2011 Perth Agreement. The Act replaced male-preference primogeniture with absolute primogeniture for those in the line of succession born after 28 October 2011, which means the eldest child, regardless of gender, precedes any siblings. The Act also repealed the Royal Marriages Act 1772, ended disqualification of a person who married a Roman Catholic from succession, and removed the requirement for those outside the first six persons in line to the throne to seek the Sovereign's approval to marry. It came into force on 26 March 2015, at the same time as the other Commonwealth realms implemented the Perth Agreement in their own laws.
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The Atterbury Plot was a conspiracy led by Francis Atterbury, Bishop of Rochester and Dean of Westminster, aimed at the restoration of the House of Stuart to the throne of Great Britain. It came some years after the unsuccessful Jacobite rising of 1715 and Jacobite rising of 1719, at a time when the Whig government of the new Hanoverian king was deeply unpopular.
The Association was an instrument created after the failed Jacobite assassination plot of 1696 to pledge loyalty to William III of England. Modelled by Lord Somers on the Elizabethan Bond of Association, it placed intense pressure on nonresistant Tories in public life to acknowledge William as "rightful and lawful King". The Association was widely subscribed to by the public, extending well beyond the circle of officials Somers had targeted, and soon assumed the force of law, all Crown officials being required by statute to subscribe to it. Some Tories were purged from office for failure to do so, and the Association remained in legal force until 1702, when William's death rendered it a nullity and the requirement to subscribe to it was repealed.