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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 The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised t ...
. Passed in the aftermath of the
Glorious Revolution The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and ...
, it received
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on 24 May 1689. The Act allowed for freedom of worship to nonconformists who had pledged to the oaths of
Allegiance An allegiance is a duty of fidelity said to be owed, or freely committed, by the people, subjects or citizens to their state or sovereign. Etymology From Middle English ''ligeaunce'' (see medieval Latin ''ligeantia'', "a liegance"). The ''al ...
and Supremacy and rejected
transubstantiation Transubstantiation (Latin: ''transubstantiatio''; Greek: μετουσίωσις ''metousiosis'') is, according to the teaching of the Catholic Church, "the change of the whole substance of bread into the substance of the Body of Christ and of th ...
, i.e., to
Protestants Protestantism is a branch of Christianity that follows the theological tenets of the Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century against what its followers perceived to b ...
who dissented from the
Church of England The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
such as
Baptists Baptists form a major branch of Protestantism distinguished by baptizing professing Christian believers only ( believer's baptism), and doing so by complete immersion. Baptist churches also generally subscribe to the doctrines of soul compe ...
,
Congregationalists Congregational churches (also Congregationalist churches or Congregationalism) are Protestant churches in the Calvinist tradition practising congregationalist church governance, in which each congregation independently and autonomously runs its ...
or
English Presbyterians Presbyterianism in England is practised by followers of the Reformed tradition within Protestantism who practise the Presbyterian form of church government. Dating in England as a movement from 1588, it is distinct from Continental and Scottish ...
, but not to
Roman Catholics The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
. 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 Nontrinitarianism is a form of Christianity that rejects the mainstream Christian doctrine of the Trinity—the belief that God is three distinct hypostases or persons who are coeternal, coequal, and indivisibly united in one being, or essence ...
, and atheists. It continued the existing social and political disabilities for
dissenter A dissenter (from the Latin ''dissentire'', "to disagree") is one who dissents (disagrees) in matters of opinion, belief, etc. Usage in Christianity Dissent from the Anglican church In the social and religious history of England and Wales, and ...
s, including their exclusion from holding political offices and also from the universities. Dissenters were required to register their meeting houses and were forbidden from meeting in private homes. Any preachers who dissented had to be licensed. Between 1772 and 1774, Edward Pickard gathered together dissenting ministers, to campaign for the terms of the Toleration Act for dissenting clergy to be modified. Under his leadership, Parliament twice considered bills to modify the law, but both were unsuccessful and it was not until Pickard and many others had ended their efforts that a new attempt was made in 1779.John Stephens, ‘Pickard, Edward (1714–1778)’, Oxford Dictionary of National Biography, Oxford University Press, 200
accessed 18 February 2010
/ref> The Act was amended in 1779 by substituting belief in Scripture for belief in the
Thirty-Nine Articles The Thirty-nine Articles of Religion (commonly abbreviated as the Thirty-nine Articles or the XXXIX Articles) are the historically defining statements of doctrines and practices of the Church of England with respect to the controversies of the ...
of the Anglican churches, but some penalties on holding property remained. Penalties against Unitarians were finally removed in the Doctrine of the Trinity Act 1813.


Background

During both the English Commonwealth and the reign of Charles II, nonconforming
dissenters A dissenter (from the Latin ''dissentire'', "to disagree") is one who dissents (disagrees) in matters of opinion, belief, etc. Usage in Christianity Dissent from the Anglican church In the social and religious history of England and Wales, an ...
including
Roman Catholics The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, were subject to religious persecution and precluded from holding official office. Following the restoration of Charles II, Anglican leaders debated in correspondence and public sermon the extent to which the Anglican church should allow doctrinal latitude; this debate was related to the corresponding debate on broadening church membership and tolerating dissenters. The succession of the Roman Catholic James II was challenged on religious grounds prior to his accession in what became known as the
Exclusion Crisis The Exclusion Crisis ran from 1679 until 1681 in the reign of King Charles II of England, Scotland and Ireland. Three Exclusion bills sought to exclude the King's brother and heir presumptive, James, Duke of York, from the thrones of England, Sc ...
and after he took the crown in 1686 in the Monmouth Rebellion. However, the Tory leadership of the Anglican church initially supported his right to rule based on the theology of active obedience to the monarch. James II sought a repeal of the
Test Acts 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 ...
, which imposed various civil disabilities on both Catholics and Protestant non-conformists, to broaden his political support and allow for the appointment of Roman Catholics to civilian and military roles. Failing to secure parliamentary support, James II's attempt to dispense with the Test Acts through the 1687 and 1688 Declarations of Indulgence helped spark the constitutional crises that culminated in the
Glorious Revolution The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and ...
and the accession of
William William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of Engl ...
and
Mary Mary may refer to: People * Mary (name), a feminine given name (includes a list of people with the name) Religious contexts * New Testament people named Mary, overview article linking to many of those below * Mary, mother of Jesus, also calle ...
, who became joint sovereigns. A series of Acts of parliament assured a new constitutional settlement of this situation; these include the
Bill of Rights 1689 The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal ...
, the
Crown and Parliament Recognition Act 1689 The Crown and Parliament Recognition Act 1689 (2 Will & Mary c 1) was an Act of the Parliament of England, passed in 1690. It was designed to confirm the succession to the throne of King William III and Queen Mary II of England and to confirm t ...
, the Mutiny Act 1689, the Toleration Act 1688, and later the Act of Settlement 1701 and the
Act of Union 1707 The Acts of Union ( gd, Achd an Aonaidh) were two Acts of Parliament: the Union with Scotland Act 1706 passed by the Parliament of England, and the Union with England Act 1707 passed by the Parliament of Scotland. They put into effect the te ...
. The historian Kenneth Pearl sees the Act of Toleration as "in many ways a compromise bill. To get nonconformists' (Protestants who were not members of the Church of England) support in the crucial months of 1688". Both the Whig and
Tory A Tory () is a person who holds a political philosophy known as Toryism, based on a British version of traditionalism and conservatism, which upholds the supremacy of social order as it has evolved in the English culture throughout history. Th ...
parties that had rallied around William and Mary had promised nonconformists that such an act would be enacted if the revolution succeeded. James II had himself issued an act of toleration, but nonconformists believed James II's efforts to undermine their civil liberties and circumvent parliament placed the religious liberties provided via the Declarations of Indulgence at risk. Catholics and Unitarians were not hunted down after the Act was passed but they still had no right to assemble and pray. As there still remained a
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 t ...
, non-Anglicans (including all Protestant non-Conformists, Jews, Catholics, and Unitarians) could not sit in Parliament even following the passage of the Toleration Act 1688.Jeremy Black, ''Eighteenth-Century Britain, 1688-1783'' (2nd ed. Palgrave Macmillan, 2008), p. 131. The Toleration Act of 1712, passed following the union between Scotland and England, granted limited toleration, specifically the right to worship for Scottish Episcopalians who prayed for the monarch and used the English ''
Book of Common Prayer The ''Book of Common Prayer'' (BCP) is the name given to a number of related prayer books used in the Anglican Communion and by other Christian churches historically related to Anglicanism. The original book, published in 1549 in the reign ...
''. Unitarians were only granted toleration after the Doctrine of the Trinity Act 1813; prior to that time, denying the Trinity was a capital offence in Scotland. The Test Act remained in force until the nineteenth century.


Influences

Historians (such as John J. Patrick) see
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
's ''
A Letter Concerning Toleration ''A Letter Concerning Toleration'' by John Locke was originally published in 1689. Its initial publication was in Latin, and it was immediately translated into other languages. Locke's work appeared amidst a fear that Catholicism might be taking ...
'' advocating religious toleration (written in 1685 and published in 1689) as "the philosophical foundation for the English Act of Toleration of 1689". While Locke had advocated coexistence between the Church of England (the
established church A state religion (also called religious state or official religion) is a religion or creed officially endorsed by a sovereign state. A state with an official religion (also known as confessional state), while not secular, is not necessarily a t ...
) and dissenting Protestant denominations (including Congregationalists, Baptists, Presbyterians, and Quakers) he had excluded Catholics from toleration – the same policy that the Act of Toleration enacted.


Implementation in the overseas colonies

The terms of the Act of Toleration within the English colonies in America were applied either by charter or by acts by the royal governors. The ideas of toleration as advocated by Locke (which excluded Roman Catholics) became accepted through most of the colonies, even in the Congregational strongholds within New England which had previously punished or excluded dissenters. The colonies of
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
,
Rhode Island Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...
,
Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
, and
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
went further than the Act of Toleration by outlawing the establishment of any church and allowing a greater religious diversity. Within the colonies Roman Catholics were allowed to practise their religion freely only in
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
and
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
.


Provisions


Section 5

This section, from "bee it" to "aforesaid that" was repealed by section 1 of, and Part I of the Schedule to, the
Statute Law Revision Act 1888 The Statute Law Revision Act 1888 (51 & 52 Vict c 3) is an Acts of Parliament in the United Kingdom, act of the Parliament of the United Kingdom, a Statute Law Revision Act repealing all or part of various earlier acts of Parliament. Provisions ...
. In this section, the words "as aforesaid" were repealed by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1948.


Section 8

This section, from "bee it" to "aforesaid that" was repealed by section 1 of, and Part I of the Schedule to, the Statute Law Revision Act 1888.


Section 15

This section, from "bee it" to "aforesaid" was repealed by section 1 of, and Part I of the Schedule to, the Statute Law Revision Act 1888. In this section, the words "after the tenth day of June" were repealed by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1948.


Section 18

Section 6 of the
Ecclesiastical Courts Jurisdiction Act 1860 The Ecclesiastical Courts Jurisdiction Act 1860 (23 & 24 Vict c 32) is an Act of the Parliament of the United Kingdom. It is one of the Ecclesiastical Courts Acts 1787 to 1860. The Act is sometimes known as the "ECJA." Section 1 Section 1 prov ...
provided that nothing contained thereinbefore in that Act was to be taken to repeal or alter section 18 of the Toleration Act 1688.


Repeal

The whole Act, except section 5 and so much of section 8 as specified the service and offices from which certain persons were exempt and section 15, was repealed by section 1 of, and Part II of Schedule 1 to, the
Promissory Oaths Act 1871 The Promissory Oaths Act 1871 (34 & 35 Vict c 48) is an Act of the Parliament of the United Kingdom. It was passed with a view to the revision of the statute law, and particularly to the preparation of the revised edition of the statutes then ...
. The whole Act, so far as unrepealed, was repealed by section 1 of, and Part II of the Schedule to, the
Statute Law (Repeals) Act 1969 The Statute Law (Repeals) Act 1969 is an Act of the Parliament of the United Kingdom. It implemented recommendations contained in the first report on statute law revision made by the Law Commission. The enactments which were repealed (whether ...
.


Later developments

Toleration of worship was later extended to Protestants who did not believe in Trinitarian doctrine in the Unitarians Relief Act 1813. Roman Catholics ("Papists") were allowed to worship under strict conditions through the
Roman Catholic Relief Act 1791 The Roman Catholic Relief Act 1791 (31 George III, c. 32) is an Act of the Parliament of Great Britain passed in 1791 relieving Roman Catholics of certain political, educational, and economic disabilities. It admitted Catholics to the practice ...
. As time went on, oaths and tests that barred non-conformists and Roman Catholics from holding public offices, keeping schools, and owning land were rescinded by laws such as
Roman Catholic Relief Act, 1778 The Papists Act 1778 is an Act of the Parliament of Great Britain (18 George III c. 60) and was the first Act for Roman Catholic relief. Later in 1778 it was also enacted by the Parliament of Ireland. Before the Act, a number of "Penal laws ...
, the Roman Catholic Charities Act 1832, the Test Abolition Act 1867, the Promissory Oaths Act 1868, the
Promissory Oaths Act 1871 The Promissory Oaths Act 1871 (34 & 35 Vict c 48) is an Act of the Parliament of the United Kingdom. It was passed with a view to the revision of the statute law, and particularly to the preparation of the revised edition of the statutes then ...
and the
Oaths Act 1978 The Oaths Act 1978 (c 19) is an Act of the Parliament of the United Kingdom. Part I of the Act applies to England, Wales and Northern Ireland. Section 1 provides that an oath may be administered by the person taking the oath holding the New ...
. The
Roman Catholic Relief Act 1829 The Catholic Relief Act 1829, also known as the Catholic Emancipation Act 1829, was passed by the Parliament of the United Kingdom in 1829. It was the culmination of the process of Catholic emancipation throughout the United Kingdom of Great Br ...
allowed followers of that religion to be elected to Parliament and to hold most offices under the Crown, while the
Jews Relief Act 1858 The Jews Relief Act 1858, also called the Jewish Disabilities Bill, is an Act of the Parliament of the United Kingdom which removed previous barriers to Jews entering Parliament, a step in Jewish emancipation in the United Kingdom.
had a similar effect for adherents of Judaism. The Religious Disabilities Act 1846 ended restrictions on Roman Catholics for education, charities, and owning property, although Oxford, Cambridge, and Durham universities were allowed to continue to exclude Roman Catholics until
Universities Tests Act 1871 The Universities Tests Act 1871 was an Act of the Parliament of the United Kingdom. It abolished religious "Tests" and allowed Roman Catholics, non-conformists and non-Christians to take up professorships, fellowships, studentships and other ...
took effect. By the passage of the
Places of Worship Registration Act 1855 The Places of Worship Registration Act 1855 is an Act of the Parliament of the United Kingdom which governs the registration and legal recognition of places of worship. It applies only in England and Wales, and does not cover the Church of Englan ...
, an optional system of registration for non-Anglican places of worship was passed which gave certain legal and fiscal advantages for those that registered, and "alternative religion was not only lawful, but was often facilitated by the law."


See also

* Baptist Confession of Faith of 1689 *
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 restricti ...
*
Freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom ...
*
Maryland Toleration Act The Maryland Toleration Act, also known as the Act Concerning Religion, the first law in North America requiring religious tolerance for Christians. It was passed on April 21, 1649, by the assembly of the Maryland colony, in St. Mary's City in S ...
– gave Protestants and Catholics the right to worship freely in Maryland *
Religious toleration Religious toleration may signify "no more than forbearance and the permission given by the adherents of a dominant religion for other religions to exist, even though the latter are looked on with disapproval as inferior, mistaken, or harmful". ...
*
Religion in the United Kingdom Religion in the United Kingdom, and in the countries that preceded it, has been dominated for over 1,000 years by various forms of Christianity, replacing Romano-British religions, Celtic and Anglo-Saxon paganism as the primary religion. Rel ...
* Puritan's Pit


References


Further reading

* Grell, Ole Peter, and Jonathan Irvine Israel. ''From persecution to toleration: the Glorious Revolution and religion in England'' (Oxford UP, 1991). * Mullett, Charles F. "The Legal Position of English Protestant Dissenters, 1689–1767." ''Virginia Law Review'' (1937): 389–418
in JSTOR
* Spurr, John. "The Church of England, comprehension and the Toleration Act of 1689." ''English Historical Review'' 104.413 (1989): 927–946
in JSTOR
* Wykes, David L. "Friends, parliament and the toleration act." ''Journal of Ecclesiastical History'' 45.01 (1994): 42–63. * Zwicker, Laura. "Politics of Toleration: The Establishment Clause and the Act of Toleration Examined, The." ''Indiana Law Journal'' 66 (1990): 773+
online
{{UK legislation Anti-Catholicism in the United Kingdom 1689 in law 1689 in England Acts of the Parliament of England concerning religion Christianity and law in the 17th century 1689 in Christianity Edicts of toleration