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Disabilities (Catholics)
Disabilities were legal restrictions and limitations placed on the Roman Catholics of England since the issuance of the Act of Supremacy in 1534. These disabilities were first sanctioned by the Penal Laws, enacted under the reigns of Henry VIII and Elizabeth I. They were followed by the Clarendon Code (1661–65) and the Test Act (1673). In spite of the promulgation of the Toleration Act (1689), that removed many civil disabilities, the Catholics still had to face limitations in respect of property rights, succession rights and education. Catholics also still had no right to assemble and pray. The oath of abjuration required, swearing against the legitimacy of the Jacobite succession, was also counted as a disability, and remained in place until 1829. See also * Catholic emancipation 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 i ...
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Act Of Supremacy
The Acts of Supremacy are two acts passed by the Parliament of England in the 16th century that established the English monarchs as the head of the Church of England; two similar laws were passed by the Parliament of Ireland establishing the English monarchs as the head of the Church of Ireland. The 1534 Act declared King Henry VIII and his successors as the Supreme Head of the Church, replacing the pope. This first Act was repealed during the reign of the Catholic Queen Mary I. The 1558 Act declared Queen Elizabeth I and her successors the Supreme Governor of the Church, a title that the British monarch still holds. First Act of Supremacy 1534 The first Act of Supremacy was passed on 3 November 1534 ( 26 Hen. VIII c. 1) by the Parliament of England. It granted King Henry VIII of England and subsequent monarchs Royal Supremacy, such that he was declared the Supreme Head of the Church of England. Royal Supremacy is specifically used to describe the legal sovereignty of the ci ...
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Henry VIII
Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disagreement with Pope Clement VII about such an annulment led Henry to initiate the English Reformation, separating the Church of England from papal authority. He appointed himself Supreme Head of the Church of England and dissolved convents and monasteries, for which he was excommunicated by the pope. Henry is also known as "the father of the Royal Navy" as he invested heavily in the navy and increased its size from a few to more than 50 ships, and established the Navy Board. Domestically, Henry is known for his radical changes to the English Constitution, ushering in the theory of the divine right of kings in opposition to papal supremacy. He also greatly expanded royal power during his reign. He frequently used charges of treason and ...
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Elizabeth I
Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen". Elizabeth was the daughter of Henry VIII and Anne Boleyn, his second wife, who was executed when Elizabeth was two years old. Anne's marriage to Henry was annulled, and Elizabeth was for a time declared illegitimate. Her half-brother Edward VI ruled until his death in 1553, bequeathing the crown to Lady Jane Grey and ignoring the claims of his two half-sisters, the Catholic Mary and the younger Elizabeth, in spite of statute law to the contrary. Edward's will was set aside and Mary became queen, deposing Lady Jane Grey. During Mary's reign, Elizabeth was imprisoned for nearly a year on suspicion of supporting Protestant rebels. Upon her half-sister's death in 1558, Elizabeth succeeded to the throne and set out to rule by good counsel. She ...
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Clarendon Code
In English history, the penal laws were a series of laws that sought to uphold the establishment of the Church of England against Catholicism and Protestant nonconformists by imposing various forfeitures, civil penalties, and civil disabilities upon these dissenters. 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. Marian Persecutions In 1553, following the death of her half brother, Edward VI, and deposing his choice of successor, Lady Jane Grey, Mary I of England seized the throne, and soon after repealed the religious legislation of her brother and father, Henry VIII, through the First Statute of Repeal(1 Mary, st. 2, c. 2). Restoring England, Wales and Ireland to the Roman Catholic communion. An English inquisition was established to identify exile, convert, or punish non conforming Catholics, with over 300 Protestant dissenters branded heretic ...
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Test Act
The Test Acts were a series of English penal laws that served as a religious test for public office and imposed various civil disabilities on Roman Catholics and nonconformists. 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. Similar laws were introduced in Scotland with respect to the Presbyterian Church of Scotland. In practice nonconformists 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. Except at Oxbridge, where nonconformists and Catholics could not matriculate (Oxford) or graduate (Ca ...
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Act Of Toleration 1689
The Toleration Act 1688 (1 Will & Mary c 18), also referred to as the Act of Toleration, 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 Act allowed for freedom of worship to nonconformists who had pledged to the oaths of Allegiance and Supremacy and rejected transubstantiation, i.e., to Protestants who dissented from the Church of England such as Baptists, Congregationalists or English Presbyterians, but not to Roman Catholics. Nonconformists were allowed their own places of worship and their own schoolteachers, so long as they accepted certain oaths of allegiance. The Act intentionally did not apply to Roman Catholics, Jews, nontrinitarians, and atheists. It continued the existing social and political disabilities for dissenters, including their exclusion from holding political offices and also from the universities. Dissenters were required to register their meeting houses and were fo ...
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Civil Disabilities
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and the state without discrimination or repression. Civil rights include the ensuring of peoples' physical and mental integrity, life, and safety; protection from discrimination on grounds such as sex, race, sexual orientation, national origin, color, age, political affiliation, ethnicity, social class, religion, and disability; and individual rights such as privacy and the freedom of thought, speech, religion, press, assembly, and movement. Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, t ...
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Oath Of Abjuration (Great Britain And Ireland)
Abjuration is the solemn repudiation, abandonment, or renunciation by or upon oath, often the renunciation of citizenship or some other right or privilege. The term comes from the Latin ''abjurare'', "to forswear". Abjuration of the realm Abjuration of the realm was a type of abjuration in ancient English law. The person taking the oath swore to leave the country directly and promptly, never to return to the kingdom unless by permission of the sovereign. This was often taken by fugitives who had taken sanctuary: English Commonwealth Near the start of the English Civil War, on 18 August 1643 Parliament passed "An Ordinance for Explanation of a former Ordinance for Sequestration of Delinquents Estates with some Enlargements." The enlargements included an oath which became known as the "Oath of Abjuration": In 1656–7, it was reissued in what was for Catholics an even more objectionable form. Everyone was to be "adjudged a Papist" who refused this oath, and the consequent pen ...
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Jacobite Succession
The Jacobite succession is the line through which Jacobites believed that the crowns of England, Scotland, and Ireland should have descended, applying primogeniture, since the deposition of James II and VII in 1688 and his death in 1701. It is in opposition to the line of succession to the British throne in law since that time. Excluded from the succession by law because of their Roman Catholicism, James's Stuart descendants pursued their claims to the crowns as pretenders. James's son James Francis Edward Stuart (the 'Old Pretender') and grandson Charles Edward Stuart (the 'Young Pretender' or 'Bonnie Prince Charlie') actively participated in uprisings and invasions in support of their claim. From 1689 to the middle of the eighteenth century, restoration of the Jacobite succession to the throne was a major political issue in Britain, with adherents both at home and abroad. However, with Charles Edward's disastrous defeat at the Battle of Culloden in 1746, the Jacobite succ ...
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Catholic Emancipation
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 penal laws started to be dismantled from 1766. The most significant measure was the Roman Catholic Relief Act 1829, which removed the most substantial restrictions on Roman Catholicism in the United Kingdom. The Act of Settlement 1701 and the Bill of Rights 1689 provisions on the monarchy still discriminate against Roman Catholics. The Bill of Rights asserts that "it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant Kingdom to be governed by a P ...
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Anti-Catholicism In England
Anti-Catholicism is hostility towards Catholics or opposition to the Catholic Church, its clergy, and/or its adherents. At various points after the Reformation, some majority Protestant states, including England, Prussia, Scotland, and the United States, turned anti-Catholicism, opposition to the Pope (anti-Papalism), mockery of Catholic rituals, and opposition to Catholic adherents into major political themes. The anti-Catholic sentiment which resulted from this trend frequently led to religious discrimination against Catholic communities and individuals and it occasionally led to the religious persecution of them (frequently, they were derogatorily referred to as "papists" or " Romanists" in Anglophone and Protestant countries.) Historian John Wolffe identifies four types of anti-Catholicism: constitutional-national, theological, popular and socio-cultural. Historically, Catholics who lived in Protestant countries were frequently suspected of conspiring against the state i ...
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