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The Clergy Act (1640), also known as the Bishops Exclusion Act, or the Clerical Disabilities Act, was an
Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliame ...
, effective 13 February 1642. Prior to the Act, bishops of 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 Brit ...
sat in the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
, where they comprised 22 out of a total membership of 60-70 peers. This allowed them to block legislation proposed by the Commons, which was increasingly dominated by
Puritans The Puritans were English Protestants in the 16th and 17th centuries who sought to purify the Church of England of Roman Catholic practices, maintaining that the Church of England had not been fully reformed and should become more Protestant. ...
. "Puritan" was a term for anyone who wanted to reform, or 'purify', the Church of England, and contained many different sects, including
Presbyterians Presbyterianism is a part of the Reformed tradition within Protestantism that broke from the Roman Catholic Church in Scotland by John Knox, who was a priest at St. Giles Cathedral (Church of Scotland). Presbyterian churches derive their n ...
, and
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 i ...
. Despite differences in
doctrine Doctrine (from la, doctrina, meaning "teaching, instruction") is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief syste ...
, they opposed bishops, on both religious and political grounds. Support was limited even among moderates like Viscount Falkland, who wrote; "Those that hated the bishops, hated them more than the Devil; they who loved them, did not love them so well as their dinner." In 1649, the House of Lords was abolished by
the Protectorate The Protectorate, officially the Commonwealth of England, Scotland and Ireland, refers to the period from 16 December 1653 to 25 May 1659 during which England, Wales, Scotland, Ireland and associated territories were joined together in the Co ...
; it was restored in
1660 Events January–March * January 1 ** At daybreak, English Army Colonel George Monck, with two brigades of troops from his Scottish occupational force, fords the River Tweed at Coldstream in Scotland to cross the border into Englan ...
, but bishops were not readmitted until the 1661 Clergy Act.


Background

In 1642, the vast majority of Englishmen were 'Royalist', in the sense of a shared belief that a 'well-ordered' monarchy was divinely mandated. They disagreed on what 'well-ordered' meant, and who held ultimate authority in clerical affairs. Royalists generally supported a
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 Brit ...
governed by
bishops A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ca ...
, appointed by, and answerable to, the king; Parliamentarians, many of whom were
Puritans The Puritans were English Protestants in the 16th and 17th centuries who sought to purify the Church of England of Roman Catholic practices, maintaining that the Church of England had not been fully reformed and should become more Protestant. ...
, believed he was answerable to the leaders or Elders of the church, appointed by their congregations. "Puritan" was a term for anyone who wanted to reform, or 'purify', the Church of England, and contained many different sects.
Presbyterians Presbyterianism is a part of the Reformed tradition within Protestantism that broke from the Roman Catholic Church in Scotland by John Knox, who was a priest at St. Giles Cathedral (Church of Scotland). Presbyterian churches derive their n ...
were the most prominent in Parliament, and included leaders like John Pym and
John Hampden John Hampden (24 June 1643) was an English landowner and politician whose opposition to arbitrary taxes imposed by Charles I made him a national figure. An ally of Parliamentarian leader John Pym, and cousin to Oliver Cromwell, he was one of t ...
, but there were many others, such as
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 i ...
. Close links between religion and politics added further complexity; one reason for opposition to bishops was their presence in the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
, where they often blocked Parliamentary legislation.


Passage of the Act

In 1629,
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
dissolved Parliament, initiating the period known as Personal Rule. His use of arbitrary taxes, such as
Ship money Ship money was a tax of medieval origin levied intermittently in the Kingdom of England until the middle of the 17th century. Assessed typically on the inhabitants of coastal areas of England, it was one of several taxes that English monarchs co ...
, was resented, not just because of the way they were levied, but how they were spent. Reforms to 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 Brit ...
under
Archbishop Laud William Laud (; 7 October 1573 – 10 January 1645) was a bishop in the Church of England. Appointed Archbishop of Canterbury by Charles I in 1633, Laud was a key advocate of Charles I's religious reforms, he was arrested by Parliament in 16 ...
were viewed as covertly favouring
Roman Catholic Roman or Romans most often refers to: * Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD * Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a let ...
doctrines, and opposed by many of its clergy. In 1984, historian Patrick Collinson, described Laud as "the greatest calamity ever visited upon the English Church". Attempts to impose similar reforms on the
Church of Scotland The Church of Scotland ( sco, The Kirk o Scotland; gd, Eaglais na h-Alba) is the national church in Scotland. The Church of Scotland was principally shaped by John Knox, in the Reformation of 1560, when it split from the Catholic Church ...
, or kirk, led to the 1639 and 1640
Bishops' Wars The 1639 and 1640 Bishops' Wars () were the first of the conflicts known collectively as the 1639 to 1653 Wars of the Three Kingdoms, which took place in Scotland, England and Ireland. Others include the Irish Confederate Wars, the First ...
. Charles refused to call Parliament, crippling his army due to lack of funds; defeat resulted in a
Covenanter Covenanters ( gd, Cùmhnantaich) were members of a 17th-century Scottish religious and political movement, who supported a Presbyterian Church of Scotland, and the primacy of its leaders in religious affairs. The name is derived from '' Covena ...
government, which expelled bishops from the kirk. Shortly after the
Long Parliament The Long Parliament was an English Parliament which lasted from 1640 until 1660. It followed the fiasco of the Short Parliament, which had convened for only three weeks during the spring of 1640 after an 11-year parliamentary absence. In Septe ...
assembled in November 1640, it was presented with the Root and Branch petition; signed by 15,000 Londoners, this demanded the removal of bishops from the Church of England, evidence of popular opposition to Episcopacy. At this stage, the petition was not adopted by the Commons, although Laud was impeached, and held in the
Tower of London The Tower of London, officially His Majesty's Royal Palace and Fortress of the Tower of London, is a historic castle on the north bank of the River Thames in central London. It lies within the London Borough of Tower Hamlets, which is sep ...
. In the first few months of 1641, the Commons passed a series of constitutional measures; the
Triennial Acts The Triennial Act 1641 (16 Cha. I c. 1), also known as the Dissolution Act, was an Act passed on 15 February 1641,Star Chamber The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the ju ...
, and an end to levying taxes without Parliament's consent. Once again, the bishops ensured all three were rejected by the Lords. The Commons responded in June with the Bishops Exclusion Bill, removing them from the Lords, which was rejected once again. The outbreak of the Irish Rebellion in October 1641 raised the political temperature; during December, there were widespread riots in
Westminster Westminster is an area of Central London, part of the wider City of Westminster. The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, B ...
, led by the London apprentices, which resulted in a number of deaths. Suggestions that Pym and other Parliamentary leaders helped to organize these riots have not been proved, but one result was to prevent bishops attending the Lords. On 30 December,
John Williams John Towner Williams (born February 8, 1932)Nylund, Rob (15 November 2022)Classic Connection review '' WBOI'' ("For the second time this year, the Fort Wayne Philharmonic honored American composer, conductor, and arranger John Williams, who w ...
,
Archbishop of York The archbishop of York is a senior bishop in the Church of England, second only to the archbishop of Canterbury. The archbishop is the diocesan bishop of the Diocese of York and the metropolitan bishop of the province of York, which covers ...
, signed a complaint along with eleven other bishops, disputing the legality of any laws passed by the Lords during their exclusion. This was viewed by the Commons as inviting Charles to dissolve Parliament, and all twelve were arrested on charges of treason. When Charles left London in January, he was accompanied by many Royalist MPs and members of the Lords. This gave his opponents majorities in both houses, and the bill became law in February 1642.


Effect of Act

The Act prevented those in holy orders from exercising any temporal jurisdiction or authority after the 5 February 1641 O.S.; this extended to taking a seat in Parliament or the
Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mo ...
. Any acts carried out with such authority after that date by a member of the clergy were to be considered void.Text of the Act
at British History Online In 1649, the House of Lords was abolished by the
Protectorate A protectorate, in the context of international relations, is a state that is under protection by another state for defence against aggression and other violations of law. It is a dependent territory that enjoys autonomy over most of its in ...
, then restored when Charles II returned in 1660; bishops were not readmitted until the 1661 Clergy Act.


References


Sources

* * * * * * * {{UK legislation 1642 in England 1642 in law Acts of the Parliament of England concerning religion Constitutional laws of England Christianity and law in the 17th century Acts of the Parliament of the United Kingdom concerning the House of Lords