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Saturday, May 24, 2014

Limited Religious Tolerance in 1689

The Act of Toleration, after being passed in Parliament, was approved on May 24, 1689 by William and Mary (1 Will & Mary c 18). The long title of the Act reveals its limited scope: An Act for Exempting their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of Certain Laws (modern spelling). It was limited to allowing some freedom of worship to some dissenters. Catholics and Unitarians were excluded from the Act of Toleration.

The Protestants who dissented from the Church of England (Baptists, Methodists, Presbyterians, etc.) were not "granted" freedom of religion and the Church of England remained the established church--its members had all the privileges of citizenship. England would certainly be protected from the dangers of Catholicism, as this paragraph emphasizes:
Be it enacted by the King's and Queen's most excellent majesties, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled and by the authority of the same, That neither the statute made in the three and twentieth year of the reign of the late Queen Elizabeth, intituled, An act to retain the Queen's majesty's subjects in their due obedience; nor the statute made in the twenty ninth year of the said Queen, intituled, An act for the more speedy and due execution of certain branches of the statute made in the three and twentieth year of the Queen's majesty's reign viz. the aforesaid act; nor that branch or clause of a statute made in the first year of the reign of the said Queen, intituled, An act for the uniformity of common prayer and service in the church, and administration of the sacraments; whereby all persons, having no lawful or reasonable excuse to be absent, are required to resort to their parish church or chapel, or some usual place where the common prayer shall be used, upon pain or punishment by the censures of the church, and also upon pain that every person so offending shall forfeit for every such offence twelve pence; nor the statute made in the third year of the reign of the late King James the First, intituled, An act for the better discovering and repressing popish recusants; nor that other statute made in the same year, intituled, An act to prevent and avoid dangers which may grow by popish recusants; nor any other law or statute of this realm made against papists or popish recusants, except the statute made in the five and twentieth year of King Charles the Second, intituled, An act for preventing dangers which may happen from popish recusants; and except also the statute made in the thirtieth year of the said King Charles the Second, intituled, An act for the more effectual preserving the King's person and government, by disabling papists from sitting in either house of parliament; shall be construed to extend to any person or persons dissenting from the Church of England, that shall take the oaths mentioned in a statute made this present Parliament, intituled, An act for removing and preventing all questions and disputes concerning the assembling and sitting of this present Parliament; and shall make and subscribe the declaration mentioned in a statute made in the thirtieth year of the reign of King Charles the Second, intituled, An act to prevent papists from sitting in either house of Parliament; which oaths and declaration the justices of peace at the general sessions of the peace, to be held for the county or place where such person shall live, are hereby required to tender and administer to such persons as shall offer themselves to take, make, and subscribe the same, and thereof to keep a register: and likewise none of the persons aforesaid shall give or pay, as any fee or reward, to any officer or officers belonging to the court aforesaid, above the sum of six pence, nor that more than once, for his of their entry of his taking the said oaths, and making and subscribing the said declaration; nor above the further sum of six pence for any certificate of the same, to be made out and signed by the officer or officers of the said court.
Well, a Catholic take the oath required, but then he wouldn't really be a Catholic anymore, would he, because he'd have to deny the Real Presence of Jesus in the Eucharist and the authority of the Pope!

It's interesting to note that this Act of Toleration, and the "Ecclesiastical Enactments" of the Tudor English Reformation(s) were all repealed by the Statute Law (Repeals) Act of 1969. In fact, much of the legislation of the English Reformation was repealed by that Act: Henry VIII's, Edward VI's, and Elizabeth I's. For example, here are Henry's Acts undone:

 


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