Toleration Act 1688

Toleration Act 1688^[1]^[a]
Act of Parliament
	Parliament of England
Long title	An Act for Exempting their Majestyes Protestant Subjects dissenting from the Church of England from the Penalties of certaine Lawes.
Citation	1 Will. & Mar.c. 18; (Ruffhead:1 Will. & Mar. Sess. 1. c. 18);
Dates
Royal assent	24 May 1689
Repealed	30 July 1948
Other legislation
Repealed by	Statute Law (Repeals) Act 1969
Status: Repealed
Text of statute as originally enacted

TheToleration Act 1688^[1]^[a](1 Will. & Mar.c. 18), also referred to as theAct of Tolerationor theToleration Act 1689,^[3]was anActof theParliament of England.Passed in the aftermath of theGlorious Revolution,it receivedroyal assenton 24 May 1689.^[4]

The Act allowed for freedom of worship tononconformistswho had pledged to the oaths ofAllegianceandSupremacyand rejectedtransubstantiation,i.e., toProtestantswho dissented from theChurch of Englandsuch asBaptists,CongregationalistsorEnglish Presbyterians,but not toRoman 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,^[5]and atheists.^[6]Further, it continued the existing social and political disabilities fordissenters,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 Pickardgathered 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.^[7]The Act was amended in 1779 by substituting belief in the Christians' Scriptures for belief in theThirty-Nine Articlesof the Anglican churches, but some penalties on holding property remained. Penalties againstUnitarianswere finally removed in theDoctrine of the Trinity Act 1813.

Background

During both theEnglish Commonwealthand the reign ofCharles II,nonconformingdissentersincludingRoman Catholics,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.^[8]The succession of the Roman CatholicJames IIwas challenged on religious grounds prior to his accession in what became known as theExclusion Crisisand after he took the crown in 1686 in theMonmouth 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 theTest Acts,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 1688Declarations of Indulgencehelped spark the constitutional crises that culminated in theGlorious Revolutionand the accession ofWilliamandMary,who became joint sovereigns. A series of Acts of parliament assured a new constitutional settlement of this situation; these include theBill of Rights 1689,theCrown and Parliament Recognition Act 1689,theMutiny Act 1689,the Toleration Act 1688, and later theAct of Settlement 1701and theAct of Union 1707.^[9]

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".^[9]Both theWhigandToryparties 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 a declaration of indulgence that suspended the laws against religious nonconformity, 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.^[10]

Catholics and Unitarians were not hunted down after the Act was passed but they still had no right to assemble and pray.^[9]As there still remained aTest Act,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.^[11]TheScottish Episcopalians Act 1711(10 Ann.c. 10), passed following theunion between Scotland and England,granted limited toleration, specifically the right to worship for Scottish Episcopalians who prayed for the monarch and used the EnglishBook of Common Prayer.^[12]Unitarians were only granted toleration after theDoctrine of the Trinity Act 1813;^[11]prior to that time, denying the Trinity was a capital offence in Scotland.^[11]

The Test Act remained in force until the nineteenth century.^[9]

Influences

Historians (such as John J. Patrick) seeJohn Locke'sA Letter Concerning Tolerationadvocating religious toleration (written in 1685 and published in 1689) as "the philosophical foundation for the English Act of Toleration of 1689".^[6]While Locke had advocated coexistence between the Church of England (theestablished church) 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.^[6]

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.^[6]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.^[6]The colonies ofPennsylvania,Rhode Island,Delaware,andNew Jerseywent further than the Act of Toleration by outlawing the establishment of any church and allowing a greater religious diversity.^[6]Within the colonies in the year 1700 Roman Catholics were allowed to practice their religion freely only in Rhode Island.^[13]

Provisions

Section 5

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

In this section, the words "as aforesaid" were repealed by section 1 of, and Schedule 1 to, theStatute 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 theEcclesiastical Courts Jurisdiction Act 1860provided 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, thePromissory Oaths Act 1871.

The whole Act, so far as unrepealed, was repealed by section 1 of, and Part II of the Schedule to, theStatute Law (Repeals) Act 1969.

Later developments

Toleration of worship was later extended to Protestants who did not believe in Trinitarian doctrine in theUnitarians Relief Act 1813.Catholics were allowed to worship under strict conditions through theRoman Catholic Relief Act 1791.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 asRoman Catholic Relief Act, 1778,theRoman Catholic Charities Act 1832,theTest Abolition Act 1867,thePromissory Oaths Act 1868,thePromissory Oaths Act 1871and theOaths Act 1978.TheRoman Catholic Relief Act 1829allowed followers of that religion to be elected to Parliament and to hold most offices under the Crown, while theJews Relief Act 1858had a similar effect for adherents of Judaism. TheReligious Disabilities Act 1846(9 & 10 Vict.c. 59) 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 untilUniversities Tests Act 1871took effect. By the passage of thePlaces of Worship Registration Act 1855,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."^[14]

Notes

^^a ^bBefore theActs of Parliament (Commencement) Act 1793,acts were held to have taken effect at the start of the parliamentary session in which they received royal assent. TheConvention Parliamentwas deemed to have formally begun its session on 13 February 1688. UnderOld Style dates,the year changed on 25 March, and hence all the acts of that parliament are dated 1688, even though that same date now be written as 13 February 1689 in New Style dates.

References

^^a ^bThe citation of this Act by thisshort titlewas authorised by section 5 of, and Schedule 2 to, theStatute Law Revision Act 1948.Due to the repeal of those provisions, it is now authorised by section 19(2) of theInterpretation Act 1978.
^These words are printed against this Act in the second column of Schedule 2 to the Statute Law Revision Act 1948, which is headed "Title".
^Mews, John.The Digest of English Case Law Containing the Reported Decisions of the Superior Courts: And a Selection from Those of the Irish Courts [from 1557] to the End of 1897.Sweet and Maxwell. 1898. vol. 12. p. 101.
^House of Lords Journal: 24 May 1689: record of royal assentBritish History Online;Text of the ActBritish History Online
^Bromley, John Selwyn (1970).The new Cambridge modern history.Cambridge University Press.p. 210.ISBN 0-521-07524-6.OCLC 58643836.
^^a ^b ^c ^d ^e ^fPatrick, John J.; Long, Gerald P. (1999).Constitutional Debates on Freedom of Religion: A Documentary History.Westport, CT: Greenwood Press.
^John Stephens, ‘Pickard, Edward (1714–1778)’, Oxford Dictionary of National Biography, Oxford University Press, 2004accessed 18 February 2010
^Pincus, Steve.1688: The First Modern Revolution,Yale University Press (2009) p. 406
^^a ^b ^c ^dKenneth Pearl (2011).Cracking the AP European History Exam.Princeton Review, Inc.
^Harris, Tim.Revolution: The Great Crisis of the British Monarch, 1685–1720,Allen Lane (2006) p. 217
^^a ^b ^cJeremy Black,Eighteenth-Century Britain, 1688–1783(2nd ed. Palgrave Macmillan, 2008), p. 131.
^Stewart J. Brown, "Religion and Society to c. 1900" inThe Oxford Handbook of Modern Scottish History(eds. T. M. Devine & Jenny Wormald: Oxford University Press, 2012).
^Ray Allen Billington,"The Protestant Crusade: 1800–1860; a study of the origins of American nativism(1938) p. 9.online
^Russell Sandberg (2011).Law and Religion.Cambridge University Press.