Act of Toleration 1689

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Act of Toleration 1689

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The Toleration Act 1688[1]

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.[2]
Statute book chapter 1 Will & Mary c 18
Status: Repealed
Text of statute as originally enacted

The Toleration Act 1688 (1 Will & Mary c 18), also referred to as the Act of Toleration,[3] was an Act of the Parliament of England. 24 May 1689.[clarification needed][4]

The Act allowed freedom of worship to Nonconformists who had pledged to the oaths of Allegiance and Supremacy and rejected transubstantiation, i.e., Protestants who dissented from the Church of England such as Baptists and Congregationalists but not to Catholics. Nonconformists were allowed their own places of worship and their own teachers, if they accepted certain oaths of allegiance.

It purposely did not apply to Catholics and nontrinitarians[5] and continued the existing social and political disabilities for Dissenters, including their exclusion from political office and also from universities.

Dissenters were required to register their meeting locations and were forbidden from meeting in private homes. Any preachers who dissented had to be licensed.

Between 1772 and 1774, Rev Dr Edward Pickard gathered together dissenting ministers in order that the terms of the Toleration Act for dissenting clergy could be modified. Under his leadership parliament twice considered a bill to modify the law. Both were unsuccessful and it was not until Pickard and many had lost interest that a new attempt was made in 1779.[6]

The Act was amended (1779) by substituting belief in Scripture for belief in the Anglican (doctrinal) articles, but penalties on property remained.

Penalties against Unitarians were finally removed in the Doctrine of the Trinity Act 1813.

Section 6 of the Ecclesiastical Courts Jurisdiction Act 1860 provided that nothing contained thereinbefore in that Act was to be taken to repeal or alter section 18 of the Toleration Act 1688.

Contents

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so much of section 8 as specified the service and offices from which certain persons were exempt and section 15, was repealed by section 1 of, and Part II of Schedule 1 to, the Promissory Oaths Act 1871.

The whole Act, so far as unrepealed, was repealed by section 1 of, and Part II of the Schedule to, the Statute Law (Repeals) Act 1969.

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.

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.

See also

References

  1. ^ The citation of this Act by this short title was authorised by section 5 of, and Schedule 2 to, the Statute Law Revision Act 1948. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. ^ 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".
  3. ^ 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. Volume 12. Page 101.
  4. ^ Text of the Act British History Online
  5. ^ Bromley, John Selwyn (1970). The new Cambridge modern history. Cambridge University Press. p. 210. ISBN 0-521-07524-6. OCLC 58643836. 
  6. ^ John Stephens, ‘Pickard, Edward (1714–1778)’, Oxford Dictionary of National Biography, Oxford University Press, 2004 accessed 18 Feb 2010

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Test Act (law, government, England)
Daniel Finch Nottingham (English politician)
nonconformists (Protestantism, England)