Papists Act 1778

Leases for Lives Act 1777
Leases for Lives Act 1777
Act of Parliament
	Parliament of Ireland
Long title	An Act for the Relief of His Majesty's Subjects of this Kingdom professing the Popish Religion.
Citation	17 & 18 Geo. 3. c. 49 (I)
Dates
Royal assent	14 August 1778
Other legislation
Amended by	Promissory Oaths Act 1871; Statute Law Revision (Ireland) Act 1879;

Papists Act 1778
Act of Parliament
	Parliament of Great Britain
Long title	An Act for relieving His Majesty's subjects professing the popish religion from certain penalties and disabilities imposed on them by an Act made in the eleventh and twelfth years of the reign of King William the Third, intituled "An Act for the further preventing the growth of popery."
Citation	18 Geo. 3. c. 60
Introduced by	Lord North (Lords)
Dates
Royal assent	3 June 1778
Commencement	3 June 1778
Repealed	13 July 1871
Other legislation
Repealed by	Promissory Oaths Act 1871
Status: Repealed
Text of statute as originally enacted

The Papists Act 1778^[1] or the Catholic Relief Act 1778 is an Act of the Parliament of Great Britain (18 Geo. 3. c. 60) and was the first Act for Roman Catholic relief. Later in 1778 it was also enacted by the Parliament of Ireland as the Leases for Lives Act 1777 (17 & 18 Geo. 3. c. 49 (I)), also known as Gardiner's Act or the Catholic Relief Act 1777.

Before the Act, a number of "Penal laws" had been enacted in Britain and Ireland, which varied between the jurisdictions from time to time but effectively excluded those known to be Roman Catholics from public life. The timing of the Act was partly based on the fact that the Papacy had stopped recognising the Jacobite cause on the death of the "Old Pretender" in 1766, and also the possibility that the ongoing American rebellion of 1775 might inspire a rebellion by Catholics in the Kingdom of Ireland.

Effect of the act

By this act, an oath was imposed, which besides a declaration of loyalty to the reigning sovereign, contained an abjuration of the Pretender, and of certain doctrines attributed to Roman Catholics, such as that excommunicated princes may lawfully be murdered, that no faith should be kept with heretics, and that the Pope had neither temporal nor as spiritual jurisdiction in Great Britain.^[2]

Those taking this oath were exempted from some of the provisions of the Popery Act 1698 (11 Will. 3. c. 4). Although it did not grant freedom of worship, it allowed Catholics to join the army and purchase land if they took an oath of allegiance.^[3] The section as to taking and prosecuting priests was repealed, as well as the penalty of perpetual imprisonment for keeping a school. Roman Catholics were also enabled to inherit and purchase land, nor was an heir who conformed to the Established church any longer empowered to enter and enjoy the estate of his "papist" kinsman.^[4]

The passing of this act was the occasion of the Gordon Riots (1780) in which the violence of the mob was especially directed against Lord Mansfield, who had objected to various prosecutions under the statutes now repealed.

This act remained on the statute book until it was repealed by the Promissory Oaths Act 1871 (34 & 35 Vict. c. 48).

Notes and references

^ Leslie C Green. Law and Society. Oceana Publications. 1975. p 53.
^ List of oath-takers under the 1778 Act Archived 2009-06-11 at the Wayback Machine
^ "Catholic Relief Acts", Parliament UK
^ Gerard, John, and Edward D'Alton. "Roman Catholic Relief Bill." The Catholic Encyclopedia Vol. 13. New York: Robert Appleton Company, 1912. 18 March 2020 This article incorporates text from this source, which is in the public domain.

This article incorporates text from a publication now in the public domain: Herbermann, Charles, ed. (1913). "Roman Catholic Relief Bill". Catholic Encyclopedia. New York: Robert Appleton Company.