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Legal Definitions - Corporation Act

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Definition of Corporation Act

The Corporation Act was a significant historical English law enacted in 1661. Its primary purpose was to ensure that individuals holding public office were loyal to both the Church of England and the reigning monarch. The Act mandated that anyone wishing to serve in a public position had to take the Anglican sacrament and swear oaths acknowledging the monarch's supreme authority and their personal allegiance. This effectively created a religious test for public service, barring non-Anglicans, such as Roman Catholics or Protestant Dissenters, from participating in local or national government. This restrictive statute remained in effect for over two centuries until it was repealed by the Promissory Oaths Act of 1871.

  • A Quaker Merchant Seeking Local Office: Imagine a successful and respected Quaker merchant in a bustling English town during the late 17th century. He is well-regarded by his community and wishes to contribute further by serving as an alderman on the town council. However, because of the Corporation Act, he would be legally barred from holding this public office. His Quaker faith would prevent him from taking the Anglican sacrament, which was a mandatory requirement under the Act, regardless of his competence or popularity.
  • A Catholic Nobleman Aspiring to be a Justice of the Peace: Consider a prominent Catholic landowner from a long-established family, who, prior to the Act, might have held positions of local authority. In the late 1600s, he might aspire to become a Justice of the Peace, a significant public office involving judicial and administrative duties. The Corporation Act would directly prevent him from assuming this role. His Catholic beliefs would make it impossible for him to fulfill the requirement of taking the Anglican sacrament and swearing the oaths of supremacy and allegiance in the prescribed manner, thus excluding him from public service.
  • A Presbyterian Scholar Considered for a Civic Role: Picture a highly educated Presbyterian scholar living in a university town in the early 18th century. He is known for his intellect and administrative skills, making him a strong candidate for a civic leadership position, such as a town recorder or a similar administrative public office. Despite his qualifications, the Corporation Act would serve as an insurmountable barrier. His Presbyterian faith would conflict with the requirement to receive the Anglican sacrament, thereby disqualifying him from holding such a public office, regardless of his suitability for the role.

Simple Definition

The Corporation Act was an English statute passed in 1661. It mandated that individuals could not hold public office unless they took the Anglican sacrament and swore oaths of supremacy and allegiance, thereby restricting such positions to Anglicans. This act was eventually repealed by the Promissory Oaths Act of 1871.

The young man knows the rules, but the old man knows the exceptions.

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