Church and State in the Modern Age: A Documentary History

By J. F. MacLear | Go to book overview

taken the sacrament according to the rites of the Church of England, in bar of this action. It is such a disability as doth not leave him liable to any action, or to any penalty or punishment whatsoever.

Source: The Parliamentary History of England, from the Earliest Period to the Year 1803 ( London, 1813), XVI, 319-320.


SUGGESTIONS FOR BACKGROUND AND REFERENCE

R. B. Barlow, Citizenship and Conscience: A Study of the Theory and Practice of Religious Toleration in England during the Eighteenth Century ( Philadelphia, 1963).

E. Heward, Lord Mansfield ( Chichester, 1979).


6
Catholic Relief Act (Extracts) June 3, 1778

Tudor-Stuart legislation against Catholics, though rarely enforced in the later eighteenth century, remained law and could be exploited by unscrupulous blackmailers. This act, introduced by the Whig statesman, Sir George Savile ( 1726-1784), swept away some disabilities for those Catholics who repudiated the Stuarts and certain political teachings ascribed to the Catholic Church. Further disabilities were to be removed by an act of 1791.

WHEREAS it is expedient to repeal certain Provisions in an Act of the Eleventh and Twelfth Years of . . . William the Third, intituled, An Act for the further preventing the Growth of Popery, whereby certain Penalties and Disabilities are imposed on Persons professing the Popish Religion: . . . be it enacted . . . That so much of the said Act as relates to the apprehending, taking or prosecuting of Popish Bishops, Priests or Jesuits; and also so much of the said Act as subjects Popish Bishops, Priests or Jesuits, and Papists, or Persons professing the Popish Religion, and keeping School, or taking upon themselves the Education or Government or Boarding of Youth . . . to perpetual Imprisonment; and also so much of the said Act as disables Persons educated in the Popish Religion, or professing the same, under the Circumstances therein mentioned, to inherit or take by Descent, Devise or Limitation, in Possession, Reversion or Remainder, any Lands, Tenements or Hereditaments . . . and gives to the next of Kin, being a Protestant, a Right to have and enjoy such Lands, Tenements, and Hereditaments; and also so much of the said Act as disables Papists . . . to purchase any Manors, Lands, Profits out of Lands, Tenements, Rents, Terms or Hereditaments . . . and makes void all and singular Estates, Terms and other Interests or Profits whatsoever out of Lands . . . to or for the Use or Behoof of any such . . . Persons . . . are hereby repealed.

* * *

IV. Provided also, That nothing herein contained shall extend . . . to any Person . . . but such who shall, within . . . Six Calendar Months after the passing of

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