Clergy Act 1640
Encyclopedia
The Clergy Act 1640 (16 Car. I, c.27) was an Act of Parliament
of the Parliament of England
passed in 1642 by the Long Parliament
.
episcopal system of church government to be replaced with local government by presbyters, either on the Scottish
or the English
model. Charles raised the temperature when he raised his standard in the Bishops Wars, which attempted to impose an episcopacy in Scotland. The result in England was the Root and Branch
petition, and in the House of Commons
, a series of Constitutional reforms to stem the power of the monarch, once and for all:
Though there had been general support for these measures in the House of Commons
, in the House of Lords
the Bishops opposed the Acts.
, was a direct response to the Bishops’ opposition to the Constitutional reforms that had been passed by the lower house
. While awaiting the Royal Assent
, some MPs, led by John Pym
, encouraged the London mob to prevent the Bishops attending on 27–29 December 1641. There were riots in Westminster
against bishops, and papists too. On 30 December, John Williams (Archbishop of York) drew up a protest complaining about the legality of laws passed in the House of Lords
while they were thus excluded from attending. As well as Williams, eleven other bishops signed the protest. The Commons demanded the arrest and imprisonment of all twelve, who were sent to the Tower
as traitors.
in March 1641, but was rejected in the House of Lords
. Charles I
, had been sympathetic to the bishops' plight, but the polarised atmosphere of pre-civil war
politics, only encouraged a majority of both Houses to pass the Bishops Exclusion Act in February 1642. According to John Rushworth
(Historical Collections) the word Roundhead
was first used on 27 December 1641 by a disbanded officer named David Hide, who during a riot is reported to have drawn his sword and said he would "cut the throat of those round-headed dogs that bawled against bishops."
from exercising any temporal
jurisdiction or authority after the 5 February 1641 O.S.; this extended to taking a seat in Parliament or membership of the Privy Council
. Any acts carried out with such authority after that date by a member of the clergy were to be considered void. The Act was later repealed by the Clergy Act 1661
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
passed in 1642 by the Long Parliament
Long Parliament
The Long Parliament was made on 3 November 1640, following the Bishops' Wars. It received its name from the fact that through an Act of Parliament, it could only be dissolved with the agreement of the members, and those members did not agree to its dissolution until after the English Civil War and...
.
Preamble
As the 1630s progressed, there was increasing dissatisfaction with Charles I attempts at personal rule, and at the perceived connivance of the bishops. The mood in the country was for the AnglicanChurch of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
episcopal system of church government to be replaced with local government by presbyters, either on the Scottish
Presbyterianism
Presbyterianism refers to a number of Christian churches adhering to the Calvinist theological tradition within Protestantism, which are organized according to a characteristic Presbyterian polity. Presbyterian theology typically emphasizes the sovereignty of God, the authority of the Scriptures,...
or the English
English Presbyterianism
Presbyterianism in England is distinct from Continental and Scottish forms of Presbyterianism. Whereas in Scotland, church government is based on a meeting of delegates, in England the individual congregation is the primary body of government...
model. Charles raised the temperature when he raised his standard in the Bishops Wars, which attempted to impose an episcopacy in Scotland. The result in England was the Root and Branch
Root and Branch
The Root and Branch Petition was a petition presented to the Long Parliament on December 11, 1640. The petition had been signed by 15,000 Londoners and was presented to the English Parliament by a crowd of 1,500...
petition, and in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
, a series of Constitutional reforms to stem the power of the monarch, once and for all:
- The Triennial ActTriennial ActsThe Triennial Act 1641 was an Act passed on 15 February 1641, by the English Long Parliament, during the reign of King Charles I. The act requires that Parliament meet for at least a fifty-day session once every three years. It was intended to prevent kings from ruling without Parliament, as...
, which mandated that Parliament meet every three years.Lower HouseBritish House of CommonsThe House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
. - The abolition of the courts of High CommissionCourt of High CommissionThe Court of High Commission was the supreme ecclesiastic court in England. It was instituted by the crown during the Reformation and finally dissolved by parliament in 1641...
and Star ChamberStar ChamberThe Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
. - Ship MoneyShip moneyShip money refers to a tax that Charles I of England tried to levy without the consent of Parliament. This tax, which was only applied to coastal towns during a time of war, was intended to offset the cost of defending that part of the coast, and could be paid in actual ships or the equivalent value...
and fines in distraint of knighthoodCharles I of EnglandCharles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
were pronounced illegal, as was levying tonnage and poundage without Parliamentary consent.
Though there had been general support for these measures in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
, in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
the Bishops opposed the Acts.
Imprisonment of the Twelve Bishops
The Bishops Exclusion Bill , which intended the expulsion of the Bishops from the House of LordsHouse of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, was a direct response to the Bishops’ opposition to the Constitutional reforms that had been passed by the lower house
House of Commons of England
The House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain...
. While awaiting the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
, some MPs, led by John Pym
John Pym
John Pym was an English parliamentarian, leader of the Long Parliament and a prominent critic of James I and then Charles I.- Early life and education :...
, encouraged the London mob to prevent the Bishops attending on 27–29 December 1641. There were riots in Westminster
Westminster
Westminster is an area of central London, within the City of Westminster, England. It lies on the north bank of the River Thames, southwest of the City of London and southwest of Charing Cross...
against bishops, and papists too. On 30 December, John Williams (Archbishop of York) drew up a protest complaining about the legality of laws passed in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
while they were thus excluded from attending. As well as Williams, eleven other bishops signed the protest. The Commons demanded the arrest and imprisonment of all twelve, who were sent to the Tower
Tower of London
Her Majesty's Royal Palace and Fortress, more commonly known as the Tower of London, is a historic castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamlets, separated from the eastern edge of the City of London by the open space...
as traitors.
Bishops Exclusion Bill
The Bishops Exclusion Bill had been passed in the House of CommonsHouse of Commons of England
The House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain...
in March 1641, but was rejected in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
, had been sympathetic to the bishops' plight, but the polarised atmosphere of pre-civil war
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
politics, only encouraged a majority of both Houses to pass the Bishops Exclusion Act in February 1642. According to John Rushworth
John Rushworth
John Rushworth , English historian, was born at Acklington Park in the parish of Warkworth, Northumberland, England. He compiled a series of works called Historical Collections , concerning the period of history covering the English Civil Wars throughout the 17th century.-Background:John Rushworth...
(Historical Collections) the word Roundhead
Roundhead
"Roundhead" was the nickname given to the supporters of the Parliament during the English Civil War. Also known as Parliamentarians, they fought against King Charles I and his supporters, the Cavaliers , who claimed absolute power and the divine right of kings...
was first used on 27 December 1641 by a disbanded officer named David Hide, who during a riot is reported to have drawn his sword and said he would "cut the throat of those round-headed dogs that bawled against bishops."
Effect of Act
It prevented those in holy ordersHoly Orders
The term Holy Orders is used by many Christian churches to refer to ordination or to those individuals ordained for a special role or ministry....
from exercising any temporal
Temporal power
The temporal power of the Popes is the political and governmental activity of the Popes of the Roman Catholic Church, as distinguished from their spiritual and pastoral activity, which by Catholics is sometimes also called eternal power, to contrast it with the Church's secular power, that is,...
jurisdiction or authority after the 5 February 1641 O.S.; this extended to taking a seat in Parliament or membership of the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, 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 monarch's closest advisors to give confidential advice on...
. Any acts carried out with such authority after that date by a member of the clergy were to be considered void. The Act was later repealed by the Clergy Act 1661
Clergy Act 1661
The Clergy Act 1661 was an Act of Parliament of the Parliament of England passed in 1661. It "repealed, annulled and made void to all intents and purposes" the Clergy Act 1640, which had prevented those in holy orders from exercising any temporal jurisdiction or authority...
.