Corporation Act 1661
Encyclopedia
The Corporation Act of 1661 is an Act
of the Parliament of England
(13 Cha. II. St. 2 c. 1). It belongs to the general category of test acts
, designed for the express purpose of restricting public offices in England
to members of the Church of England
.
Though commonly spoken of as one of the "Penal Laws", and enumerated by Butler in his Historical Account of the Laws against the Roman Catholics of England, it was not directly aimed against them, but against the Presbyterians. It was passed in December 1661, the year after the Restoration, by Charles II
. Parliament was at that time entirely reactionary. The Cavalier
s were in power, and they aimed at nothing short of restoring England to its state before the time of the Commonwealth
. It required all the prudence of the Earl of Clarendon
, the chancellor, to restrain them. The Corporation Act represents the limit to which he was prepared to go in endeavouring to restrict the power of the Presbyterians. They were influentially represented in the government of cities and boroughs throughout the country, and this act was designed to dispossess them.
The Act provided that no person could be legally elected to any office relating to the government of a city or corporation, unless he had within the previous twelve months received the sacrament
of "the Lord's Supper" according to the rites of the Church of England. He was also commanded to take the Oaths of Allegiance
and Oath of Supremacy
, to swear belief in the Doctrine of Passive Obedience
, and to renounce the Covenant
.
In default of these requisites the election was to be void. A somewhat similar act passed twelve years later, known as the Test Act
, prescribed for all officers, civil and military, further stringent conditions, including a declaration against transubstantiation
.
These two acts operated very prejudicially on Catholics, forming an important part of the general Penal Code
which kept them out of public life. In later times the number, even of non-Catholics, who qualified for civil and military posts in accordance with their provisions was very small, and an "Act of Indemnity" used to be passed annually, to relieve those who had not done so from the penalties incurred. There was no expression in this act limiting its operation to the case of Protestants; yet on the only occasion when a Catholic ventured to ask for a share in the Indemnity, it was refused on the ground of the act not being applicable to him. (Butler, op. cit., 19.)
The Corporation Act remained nominally in force throughout the eighteenth century. It was eventually repealed in 1828
, the year before Catholic Emancipation
.
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...
(13 Cha. II. St. 2 c. 1). It belongs to the general category of test acts
Test Act
The Test Acts were a series of English penal laws that served as a religious test for public office and imposed various civil disabilities on Roman Catholics and Nonconformists...
, designed for the express purpose of restricting public offices in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
to members of the Church of England
Church 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...
.
Though commonly spoken of as one of the "Penal Laws", and enumerated by Butler in his Historical Account of the Laws against the Roman Catholics of England, it was not directly aimed against them, but against the Presbyterians. It was passed in December 1661, the year after the Restoration, by Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
. Parliament was at that time entirely reactionary. The Cavalier
Cavalier
Cavalier was the name used by Parliamentarians for a Royalist supporter of King Charles I and son Charles II during the English Civil War, the Interregnum, and the Restoration...
s were in power, and they aimed at nothing short of restoring England to its state before the time of the Commonwealth
Commonwealth of England
The Commonwealth of England was the republic which ruled first England, and then Ireland and Scotland from 1649 to 1660. Between 1653–1659 it was known as the Commonwealth of England, Scotland and Ireland...
. It required all the prudence of the Earl of Clarendon
Earl of Clarendon
Earl of Clarendon is a title that has been created twice in British history, in 1661 and 1776. The title was created for the first time in the Peerage of England in 1661 for the statesman Edward Hyde, 1st Baron Hyde...
, the chancellor, to restrain them. The Corporation Act represents the limit to which he was prepared to go in endeavouring to restrict the power of the Presbyterians. They were influentially represented in the government of cities and boroughs throughout the country, and this act was designed to dispossess them.
The Act provided that no person could be legally elected to any office relating to the government of a city or corporation, unless he had within the previous twelve months received the sacrament
Sacrament
A sacrament is a sacred rite recognized as of particular importance and significance. There are various views on the existence and meaning of such rites.-General definitions and terms:...
of "the Lord's Supper" according to the rites of the Church of England. He was also commanded to take the Oaths of Allegiance
Oath of allegiance
An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to monarch or country. In republics, modern oaths specify allegiance to the country's constitution. For example, officials in the United States, a republic, take an oath of office that...
and Oath of Supremacy
Oath of Supremacy
The Oath of Supremacy, originally imposed by King Henry VIII of England through the Act of Supremacy 1534, but repealed by his daughter, Queen Mary I of England and reinstated under Mary's sister, Queen Elizabeth I of England under the Act of Supremacy 1559, provided for any person taking public or...
, to swear belief in the Doctrine of Passive Obedience
Passive obedience
Passive obedience is a religious and political doctrine advocating the absolute supremacy of the Crown and the treatment of any dissent as sinful and unlawful...
, and to renounce the Covenant
Solemn League and Covenant
The Solemn League and Covenant was an agreement between the Scottish Covenanters and the leaders of the English Parliamentarians. It was agreed to in 1643, during the First English Civil War....
.
In default of these requisites the election was to be void. A somewhat similar act passed twelve years later, known as the Test Act
Test Act
The Test Acts were a series of English penal laws that served as a religious test for public office and imposed various civil disabilities on Roman Catholics and Nonconformists...
, prescribed for all officers, civil and military, further stringent conditions, including a declaration against transubstantiation
Transubstantiation
In Roman Catholic theology, transubstantiation means the change, in the Eucharist, of the substance of wheat bread and grape wine into the substance of the Body and Blood, respectively, of Jesus, while all that is accessible to the senses remains as before.The Eastern Orthodox...
.
These two acts operated very prejudicially on Catholics, forming an important part of the general Penal Code
Penal law
In the most general sense, penal is the body of laws that are enforced by the State in its own name and impose penalties for their violation, as opposed to civil law that seeks to redress private wrongs...
which kept them out of public life. In later times the number, even of non-Catholics, who qualified for civil and military posts in accordance with their provisions was very small, and an "Act of Indemnity" used to be passed annually, to relieve those who had not done so from the penalties incurred. There was no expression in this act limiting its operation to the case of Protestants; yet on the only occasion when a Catholic ventured to ask for a share in the Indemnity, it was refused on the ground of the act not being applicable to him. (Butler, op. cit., 19.)
The Corporation Act remained nominally in force throughout the eighteenth century. It was eventually repealed in 1828
Sacramental Test Act 1828
The Sacramental Test Act 1828 was an Act passed by the British Parliament.-Background:The Corporation Act 1661 laid down that all mayors and officials in municipal corporations had to receive the sacrament of Holy Communion in accordance with the rites of the Church of England...
, the year before Catholic Emancipation
Catholic Emancipation
Catholic emancipation or Catholic relief was a process in Great Britain and Ireland in the late 18th century and early 19th century which involved reducing and removing many of the restrictions on Roman Catholics which had been introduced by the Act of Uniformity, the Test Acts and the penal laws...
.
External links
- Committees for the Repeal of the Test and Corporation Acts: the minutes of two committees for the repeal of the Act. First published by the London Record Society, available as part of British History Online.
- Text of the Act, go to (J) on the page