Church and State in the Modern Age: A Documentary History

By J. F. MacLear | Go to book overview

requiring Christian profession). Consequently, elections of Jews in 1847 and 1851 were set aside. This measure of 1858 permitted either house to modify the qualifying oath for Jewish members. Further security was provided by the Public Oaths Act of 1866.

I. Where it shall appear to either House of Parliament that a Person professing the Jewish Religion, otherwise entitled to sit and vote in such House, is prevented from so sitting and voting by his conscientious Objection to take the Oath . . ., such House, if it think fit, may resolve that thenceforth any Person professing the Jewish Religion, in taking the said Oath . . . may omit the Words "and I make this Declaration upon the true Faith of a Christian" . . .; and the taking . . . of the Oath so modified shall, so far as respects the Title to sit and vote in such House, have the same Force and Effect as the taking . . . by other Persons of the said Oath in the Form required by the said Act.

II. In all other Cases, except for sitting in Parliament as aforesaid, or in qualifying to exercise the Right of Presentation to any Ecclesiastical Benefice in Scotland, whenever any . . . Subjects professing the Jewish Religion shall be required to take the said Oath, the Words "and I make this Declaration upon the true Faith of a Christian" shall be omitted.

III. Nothing herein contained shall extend . . . to enable any . . . Persons professing the Jewish Religion to hold or exercise the Office of Guardians and Justices of the United Kingdom, or of Regent. . . ., or of Lord High Chancellor, Lord Keeper or Lord Commissioner of the Great Seal. . . ., or . . . Lord Lieutenant or Deputy . . . of Ireland, or . . . High Commissioner to the General Assembly of the Church of Scotland.

IV. Where any Right of Presentation to any Ecclesiastical Benefice shall belong to any Office in the Gift or Appointment of Her Majesty . . . and such Office shall be held by a Person professing the Jewish Religion, the Right of Presentation shall devolve upon and be exercised by the Archbishop of Canterbury for the Time being. . . .

Source: 21 & 22 Vict., c. 49; A Collection of the Public General Statutes, Passed in the Twenty-First and Twenty-Second Years of the Reign of Her Majesty Queen Victoria, 1858 ( London, 1858), pp. 258-259.


SUGGESTIONS FOR BACKGROUND AND REFERENCE

A. Gilam, The Emancipation of the Jews in England 1830-1860 ( New York, 1982).

H. S. Q. Henriques, The Jews and the English Law ( Oxford, 1908), pp. 265-305.

C. Roth, A History of the Jews in England ( Oxford, 1941), pp. 239-267.

-192-

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