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.
The underlying principle was that only people taking communion in the established Church of England were eligible for public employment, and the severe penalties pronounced against recusants, whether Catholic or nonconformist, were affirmations of this principle. [1]
Although theoretically encompassing all who refuse to comply with Anglicanism in a dragnet approach, in practice the nonconformist Protestants had many defenders in Parliament and were often exempted from some of these laws through the regular passage of Acts of Indemnity: in particular, the Indemnity Act 1727 relieved Nonconformists from the requirements in the Test Act 1673 and the Corporation Act 1661 that public office holders must have taken the sacrament of the Lord's Supper in an Anglican church. [2]
An exception was at Oxbridge, where nonconformists and Catholics could not matriculate (Oxford) or graduate (Cambridge) until 1871.
Similar laws were introduced in Scotland with respect to the Presbyterian Church of Scotland and also in Ireland, where the minority Anglican Church of Ireland had penal laws set up in its favour to allow the Anglo-Irish minority to maintain control of land, law and politics as part of the Protestant Ascendancy.
The Naturalisation and Restoration of Blood Act 1609 {Repealed by Naturalization Act 1870} (7 Jas. 1. c. 2) provided that all such as were naturalized or restored in blood should receive the sacrament of the Lord's Supper.
It was not, however, until the reign of Charles II that actually receiving communion in the Church of England was made a precondition for holding public office. The earliest imposition of this test was by the Corporation Act 1661 requiring that, besides taking the Oath of Supremacy, all members of corporations were, within one year after election, to receive the sacrament of the Lord's Supper according to the rites of the Church of England. [1]
Act of Parliament | |
Long title | An Act for preventing Dangers which may happen from Popish Recusants. |
---|---|
Citation | 25 Cha. 2. c. 2 |
Territorial extent | England and Wales |
Dates | |
Royal assent | 29 March 1673 |
Commencement | 4 February 1673 |
Repealed | 28 July 1863 |
Other legislation | |
Amended by |
|
Repealed by | Statute Law Revision Act 1863 |
Status: Repealed | |
Text of statute as originally enacted |
The Corporation Act 1661 was followed by the Test Act 1673 [3] (25 Cha. 2. c. 2) (the long title of which is "An act for preventing dangers which may happen from popish recusants"). [4] This act enforced upon all persons filling any office, civil, military or religious, the obligation of taking the oaths of supremacy and allegiance and subscribing to a declaration against transubstantiation and also of receiving the sacrament within three months after admittance to office. [1] The oath for the Test Act 1673 was:
I, N, do declare that I do believe that there is not any transubstantiation in the sacrament of the Lord's Supper, or in the elements of the bread and wine, at or after the consecration thereof by any person whatsoever.
The act was passed in the parliamentary session that began on 4 February 1673 (Gregorian calendar). The act is, however, dated 1672 in some accounts due to the Julian calendar then in force in England. [5]
One of the immediate reasons that the "Country Party" (proto-Whigs) in Parliament pushed for this was to break up the Cabal ministry — members of the Court Party of powerful statement under Charles II, who had divergent religious interests — the Catholic Lord Clifford could not accept this oath which ran contrary to his beliefs, so resigned his position in government and the Cabal ministry completely unravelled by 1674. Foreign nations and their agents also had a vested interest in lobbying either way on the issue, as the leaders of the Cabal ministry (Arlington and Clifford) were allied with Catholic France against the Protestant Dutch in the Third Anglo-Dutch War; after the fall of the Cabal ministry, the pro-Dutch First Danby ministry came to power. In addition to this, 1673 was also the year that it became public knowledge that James, Duke of York, heir to the throne, had converted to Catholicism.
Parliament Act 1678 | |
---|---|
Act of Parliament | |
Long title | An Act for the more effectuall preserving the Kings Person and Government by disableing Papists from sitting in either House of Parlyament. |
Citation | 30 Cha. 2. St. 2. |
Dates | |
Royal assent | 30 November 1678 |
Other legislation | |
Amends | Popish Recusants Act 1672 |
Repealed by | Parliamentary Oaths Act 1866 |
Status: Repealed | |
Text of statute as originally enacted |
Initially, the act did not extend to peers, but in 1678 the act was extended by a further act (30 Cha. 2. St. 2) [6] which required that all peers and members of the House of Commons should make a declaration against transubstantiation, invocation of saints, and the sacrificial nature of the Mass. [1] The effect of this was to exclude Catholics from both houses, and in particular the "Five Popish Lords" from the House of Lords, a change motivated largely by the alleged Popish Plot. The Lords deeply resented this interference with their membership; they delayed passage of the act as long as possible, and managed to greatly weaken it by including an exemption for the future James II, effective head of the Catholic nobility, at whom it was largely aimed. [7]
In Scotland, a religious test was imposed immediately after the Reformation, and by a 1567 law no one was to be appointed to a public office or to be a notary who did not profess Calvinism. The Scottish Test Act was passed in 1681 but rescinded in 1690. Later attempts to exclude Scotland from the English Test Acts were rejected by the Parliament of Scotland. In 1707, anyone bearing office in any university, college or school in Scotland was to profess and subscribe to the Confession of Faith. All persons were to be free of any oath or test contrary to or inconsistent with the Protestant religion and Presbyterian Church government. The reception of the Eucharist was never a part of the test in Scotland as it was in England and Ireland. The necessity for subscription to the Confession of Faith by persons holding a university office was removed by the Universities (Scotland) Act 1853. The act provided that in place of subscription every person appointed to a university office was to subscribe a declaration according to the form in the act, promising not to teach any opinions opposed to the divine authority of Scripture or to the Confession of Faith, and to do nothing to the prejudice of the Church of Scotland or its doctrines and privileges. [8] All tests were finally abolished by an act of 1889. [9] [1]
Test Abolition Act 1867 | |
---|---|
Act of Parliament | |
Long title | An Act to abolish a certain Declaration, commonly called the Declaration against Transubstantiation, the Invocation of the Saints, and the Sacrifice of the Mass, as practised in the Church of Rome; and to render it unnecessary to take, make, or subscribe the same as a Qualification for the Exercise or Enjoyment of any Civil Office, Franchise, or Right. |
Citation | 30 & 31 Vict. c. 62 |
Dates | |
Royal assent | 25 July 1867 |
Other legislation | |
Repealed by | Statute Law (Repeals) Act 1989 |
Status: Repealed |
The necessity of receiving the sacrament as a qualification for office was repealed in Ireland in 1780 [10] [11] and in 1828 in England and Wales. Provisions requiring the taking of oaths and declarations against transubstantiation were repealed by the Roman Catholic Relief Act 1829. [1] Sir Robert Peel took the lead for the government in the repeal and collaborated with Anglican Church leaders. [12] The application of the 1828 and 1829 acts to Irish acts was uncertain and so the Test Abolition Act 1867 (30 & 31 Vict. c. 62) repeated the 1829 repeal more explicitly. [13]
The 1661, 1672 and 1678 acts were repealed by the Promissory Oaths Act 1871, Statute Law Revision Act 1863, and the Parliamentary Oaths Act 1866 respectively. [1] Religious tests for officers of the ancient universities were repealed by the Universities Tests Act 1871 for England, the University of Dublin Tests Act 1873, and the Universities (Scotland) Act 1889. [1]
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.
Nonconformists were Protestant Christians who did not "conform" to the governance and usages of the established church in England, and in Wales until 1914, the Church of England.
The Act of Uniformity 1662 is an Act of the Parliament of England. It prescribed the form of public prayers, administration of sacraments, and other rites of the Established Church of England, according to the rites and ceremonies prescribed in the 1662 Book of Common Prayer. Adherence to this was required in order to hold any office in government or the church, although the new version of the Book of Common Prayer prescribed by the Act was so new that most people had never even seen a copy. The Act also required that the Book of Common Prayer "be truly and exactly Translated into the British or Welsh Tongue". It also explicitly required episcopal ordination for all ministers, i.e. deacons, priests and bishops, which had to be reintroduced since the Puritans had abolished many features of the Church during the Civil War. The act did not explicitly encompass the Isle of Man.
In English history, the penal laws were a series of laws that sought to enforce the State-decreed religious monopoly of the Church of England and, following the 1688 revolution, of Presbyterianism in Scotland, against the continued existence of illegal and underground communities of Catholics, nonjuring Anglicans, and Protestant nonconformists. The Penal laws also imposed various forfeitures, civil penalties, and civil disabilities upon recusants from mandatory attendance at weekly Sunday services of the Established Church. The penal laws in general were repealed in the early 19th-century due to the successful activism of Daniel O'Connell for Catholic Emancipation. Penal actions are civil in nature and were not English common law.
The Declaration of Indulgence was Charles II of England's attempt to extend religious liberty to Protestant nonconformists and Roman Catholics in his realms, by suspending the execution of the Penal Laws that punished recusants from the Church of England. Charles issued the Declaration on 15 March 1672.
The Cavalier Parliament of England lasted from 8 May 1661 until 24 January 1679. It was the longest English Parliament, and longer than any Great British or UK Parliament to date, enduring for nearly 18 years of the quarter-century reign of Charles II of England. Like its predecessor, the Convention Parliament, it was overwhelmingly Royalist and is also known as the Pensioner Parliament for the many pensions it granted to adherents of the King.
Anthony Ashley Cooper, 1st Earl of Shaftesbury PC, FRS, was an English statesman and peer. He held senior political office under both the Commonwealth of England and Charles II, serving as Chancellor of the Exchequer from 1661 to 1672 and Lord Chancellor from 1672 to 1673. During the Exclusion Crisis, Shaftesbury headed the movement to bar the Catholic heir, James II, from the royal succession, which is often seen as the origin of the Whig party. He was also a patron of the political philosopher John Locke, with whom Shaftesbury collaborated with in writing the Fundamental Constitutions of Carolina in 1669.
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 Occasional Conformity Act, also known as the Occasional Conformity Act 1711 or the Toleration Act 1711, was an Act of the Parliament of Great Britain which passed on 20 December 1711. Previous Occasional Conformity bills had been debated in 1702 and 1704, the latter causing the 'Tackers' controversy. It was passed by the Tories to undermine the Whig party, and to ensure that elections to Parliament were under the control of Tories, with non-conformists locked out. It applied to any national or local official in England or Wales who was required to attend Church of England services and take the Lord's Supper. If such a person attended "any conventicle, assembly or meeting" of any other religion, they would be subject to a penalty of £40 and permanently barred from government employment.
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 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.
A religious test is a legal requirement to swear faith to a specific religion or sect, or to renounce the same.
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 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.
Anti-Catholicism in the United Kingdom dates back to the martyrdom of Saint Alban in the Roman era. Attacks on the Church from a Protestant angle mostly began with the English and Irish Reformations which were launched by King Henry VIII and the Scottish Reformation which was led by John Knox. Within England, the Act of Supremacy 1534 declared the English crown to be "the only supreme head on earth of the Church in England" in place of the Pope. Any act of allegiance to the latter was considered treasonous because the papacy claimed both spiritual and political power over its followers. Ireland was brought under direct English control starting in 1536 during the Tudor conquest of Ireland. The Scottish Reformation in 1560 abolished Catholic ecclesiastical structures and rendered Catholic practice illegal in Scotland. Today, anti-Catholicism remains present in the United Kingdom, particularly in Scotland and Northern Ireland.
The Sacramental Test Act 1828 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.
The Toleration Act 1688, also referred to as the Act of Toleration or the Toleration Act 1689, was an Act of the Parliament of England. Passed in the aftermath of the Glorious Revolution, it received royal assent on 24 May 1689.
The Recusancy referred to those who refused to attend services of the state-established Anglican Church of Ireland. The individuals were known as "recusants". The term, which derives ultimately from the Latin recusare, was first used in England to refer to those who remained within the Roman Catholic Church and did not attend services of the Church of England, with a 1593 statute determining the penalties against "Popish recusants".
The Qualification for Employments Act 1726 was an Act of Parliament passed by the Parliament of Great Britain during the reign of George I. This was the first Indemnity Act that relieved Nonconformists from the requirements in the Test Act 1673 and the Corporation Act 1661 that public office holders must have taken the sacrament of the Lord's Supper in an Anglican church.