Anti-Papist Laws in England in the 1700’s
The Catholic Encyclopedia says:
“Another statute, of the first year of William and Mary, prohibited Catholics from residing within ten miles of London…
In 1700 an Act was passed which, Sir Erskine May observes, “cannot be read without astonishment”. It incapacitated every Roman Catholic from inheriting or purchasing land, unless he abjured his religion upon oath…
Concerning this Act of William III Hallam remarks, “So unprovoked, so unjust a persecution is the disgrace of the Parliament that passed it.” But he goes on to add, “The spirit of Liberty and tolerance was too strong for the tyranny of the law and this statute was not executed according to its purpose. The Catholic landholders neither renounced their religion nor abandoned their inheritance. The judges put such constructions upon the clause of forfeiture as eluded its efficiency.” No doubt this is generally true. But as Charles Butler tells us in his “Historical Memoirs” (London, 1819-21), “in many instances the laws which deprived Catholics of their landed property were enforced.” He adds that “in other respects they were subject to great vexation and contumely”. They were a very small and very unpopular minority in an age when a common creed was regarded, in every European country, as the chief bond of civil polity and dissidents from it were more or less rigorously repressed. As a matter of fact, it is to a great English magistrate that we owe the ruling which placed an almost insuperable difficulty in the way of the tribe of informers. At the trial of the Rev. James Webb on the 25th of June, 1768, at Westminster, at the suit of a notorious common informer named Payne, Lord Mansfield told the jury that the defendant could not be condemned “unless there were sufficient proof of his ordination”. Such proofs, of course, were not forthcoming. Lord Mansfield, as Charles Butler relates in his above-mentioned “Historical Memoirs”, discountenanced the prosecution of Catholic priests and took care that the accused should have every advantage that the form of proceedings, or the letter or spirit of the law, could allow. And at that period the same temper animated English judges generally….
In this year, 1778, the first Catholic Relief Act was passed. It repealed the worst portions of the Statute of 1699 above mentioned, and set forth a new oath of allegiance which a Catholic could take without denying his religion.