Religious test
Encyclopedia
The Test Act
of 1673 in England
obligated all persons filling any office, civil or military, to take oaths of supremacy and allegiance, to subscribe to a declaration against transubstantiation
, and to receive the sacrament within three months of taking office.
The oath for the Test Act of 1673 was:
In 1678 the act was extended thus:
The necessity of receiving the sacrament as a qualification for office was abolished under George IV
, and all acts requiring the taking of oaths and declarations against transubstantiation etc. were repealed by the Roman Catholic Relief Act
of 1829.
Until 1871 a religious test was still necessary at the University of Oxford
before a Master's Degree
could be conferred, but there is now no religious test associated with any degree. However, religious tests are still required for admission to certain holy orders
.
A religious test restricting particular posts to adherents of particular religions or excluding particular adherents from office on the basis of their religious beliefs is generally acceptable under Article 9 of the European Convention on Human Rights
(Karlsson v Sweden (1988) 57 Decisions and Reports 172, Cm). A religious test generally applicable to public office could only be permitted under the Convention if it were accepted that the core value of every office was a religious one, so it is unlikely that a religious test would be acceptable for any non-religious office (or office which had a distinct quasi-religious basis).
The Sovereign
of the United Kingdom
is, in effect, required to take a religious test, as a result of the Coronation Oath Act 1688
, Bill of Rights 1688, Act of Settlement 1701
, and the Accession Declaration Act 1910
.
Religious tests like those of the Test Acts are banned by the No Religious Test Clause
in the United States
by Article VI of the United States Constitution.
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...
of 1673 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...
obligated all persons filling any office, civil or military, to take oaths of supremacy and allegiance, to subscribe to 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...
, and to receive the sacrament within three months of taking office.
The oath for the Test Act of 1673 was:
- "I, N, do declare that I do believe that there is not any transubstantion in the sacrament of the Lord's Supper, or in the elements of the bread and wine, at or after the consecrationConsecrationConsecration is the solemn dedication to a special purpose or service, usually religious. The word "consecration" literally means "to associate with the sacred". Persons, places, or things can be consecrated, and the term is used in various ways by different groups...
thereof by any person whatsovever."
In 1678 the act was extended thus:
- "I, N, do solemnly and sincerely in the presence of GodGodGod is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
profess, testify, and declare, that I do believe that in the Sacrament of the Lord's Supper there is not any Transubstantiation of the elements of bread and wine into the BodyBodyWith regard to living things, a body is the physical body of an individual. "Body" often is used in connection with appearance, health issues and death...
and BloodBloodBlood is a specialized bodily fluid in animals that delivers necessary substances such as nutrients and oxygen to the cells and transports metabolic waste products away from those same cells....
of ChristChristChrist is the English term for the Greek meaning "the anointed one". It is a translation of the Hebrew , usually transliterated into English as Messiah or Mashiach...
at or after the consecration thereof by any person whatsoever: and that the invocation or adoration of the Virgin Mary or any other SaintSaintA saint is a holy person. In various religions, saints are people who are believed to have exceptional holiness.In Christian usage, "saint" refers to any believer who is "in Christ", and in whom Christ dwells, whether in heaven or in earth...
, and the Sacrifice of the MassMass (liturgy)"Mass" is one of the names by which the sacrament of the Eucharist is called in the Roman Catholic Church: others are "Eucharist", the "Lord's Supper", the "Breaking of Bread", the "Eucharistic assembly ", the "memorial of the Lord's Passion and Resurrection", the "Holy Sacrifice", the "Holy and...
, as they are now used in the Church of RomeRoman Catholic ChurchThe Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, are superstitious and idolatrous..."
The necessity of receiving the sacrament as a qualification for office was abolished under George IV
George IV of the United Kingdom
George IV was the King of the United Kingdom of Great Britain and Ireland and also of Hanover from the death of his father, George III, on 29 January 1820 until his own death ten years later...
, and all acts requiring the taking of oaths and declarations against transubstantiation etc. were repealed by the Roman Catholic Relief Act
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...
of 1829.
Until 1871 a religious test was still necessary at the University of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
before a Master's Degree
Master's degree
A master's is an academic degree granted to individuals who have undergone study demonstrating a mastery or high-order overview of a specific field of study or area of professional practice...
could be conferred, but there is now no religious test associated with any degree. However, religious tests are still required for admission to certain holy orders
Holy 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....
.
A religious test restricting particular posts to adherents of particular religions or excluding particular adherents from office on the basis of their religious beliefs is generally acceptable under Article 9 of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
(Karlsson v Sweden (1988) 57 Decisions and Reports 172, Cm). A religious test generally applicable to public office could only be permitted under the Convention if it were accepted that the core value of every office was a religious one, so it is unlikely that a religious test would be acceptable for any non-religious office (or office which had a distinct quasi-religious basis).
The Sovereign
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
is, in effect, required to take a religious test, as a result of the Coronation Oath Act 1688
Coronation Oath Act 1688
The Coronation Oath Act 1688 was an Act of Parliament of the Parliament of England passed in 1689, the long title of which is "An Act for Establishing the Coronation Oath"...
, Bill of Rights 1688, Act of Settlement 1701
Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
, and the Accession Declaration Act 1910
Accession Declaration Act 1910
The Accession Declaration Act 1910 is an Act passed by the Parliament of the United Kingdom that sets out the declaration that the Sovereign is required to make at his or her coronation....
.
Religious tests like those of the Test Acts are banned by the No Religious Test Clause
No religious test clause
The No Religious Test Clause of the United States Constitution is found in Article VI, paragraph 3, and states that:This has been interpreted to mean that no federal employee, whether elected or appointed, career or political, can be required to adhere to or accept any religion or belief...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
by Article VI of the United States Constitution.