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
The Parliament of Ireland ( ga, Parlaimint na hÉireann) was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two cham ...
.
Before the Act, a number of
"Penal laws" had been enacted in Britain and Ireland, which varied between the jurisdictions from time to time but effectively excluded those known to be Roman Catholics from public life. The timing of the Act was partly based on the fact that the Papacy had stopped recognising the
Jacobite cause on the death of the
"Young Pretender" in 1766, and also the possibility that the ongoing American rebellion of 1775 might inspire a rebellion by Catholics in the
Kingdom of Ireland.
Effect of the Act
By this Act, an oath was imposed, which besides a declaration of loyalty to the reigning sovereign, contained an abjuration of the
Pretender
A pretender is someone who claims to be the rightful ruler of a country although not recognized as such by the current government. The term is often used to suggest that a claim is not legitimate.Curley Jr., Walter J. P. ''Monarchs-in-Waiting'' ...
, and of certain doctrines attributed to Roman Catholics, such as that excommunicated princes may lawfully be murdered, that no faith should be kept with heretics, and that the
Pope
The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
had temporal as well as spiritual jurisdiction in Great Britain.
Those taking this oath were exempted from some of the provisions of the
Popery Act 1698
The Popery Act 1698 (11 Will. III, c. 4) was an Act of Parliament of the Parliament of England enacted in 1700. The long title of the Act was "An Act for the further preventing the Growth of Popery".'William III, 1698-9: An Act for the further pr ...
. Although it did not grant freedom of worship, it allowed Catholics to join the army and purchase land if they took an oath of allegiance. The section as to taking and prosecuting priests was repealed, as well as the penalty of perpetual imprisonment for keeping a school. Roman Catholics were also enabled to inherit and purchase land, nor was an heir who conformed to the Established church any longer empowered to enter and enjoy the estate of his "papist" kinsman.
Gerard, John, and Edward D'Alton. "Roman Catholic Relief Bill." The Catholic Encyclopedia
Vol. 13. New York: Robert Appleton Company, 1912. 18 March 2020
The passing of this act was the occasion of the Gordon Riots (1780) in which the violence of the mob was especially directed against Lord Mansfield
William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to Lond ...
, who had objected to various prosecutions under the statutes now repealed.
This Act remained on the statute book until it was repealed by the Promissory Oaths Act 1871 (c.48).
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 involved reducing and removing many of the restricti ...
*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 ...
*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 ...
Notes and references
Bibliography
*
{{UK legislation
Christianity and law in the 18th century
Repealed Great Britain Acts of Parliament
Great Britain Acts of Parliament 1778
History of Christianity in the United Kingdom
1778 in Christianity
Law about religion in the United Kingdom