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Catholic emancipation

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Catholic emancipation

Catholic emancipation or Catholic relief was a process in the United Kingdom in the late 18th century and early 19th century, that involved reducing and removing many of the restrictions on Roman Catholics introduced by the Act of Uniformity, the Test Acts and the penal laws. Requirements to abjure (renounce) the temporal and spiritual authority of the pope and transubstantiation placed major burdens on Roman Catholics.

The penal laws started to be dismantled from 1766. The most significant measure was the Roman Catholic Relief Act 1829, which removed the most substantial restrictions on Roman Catholicism in the United Kingdom.

The Act of Settlement 1701 and the Bill of Rights 1689 provisions on the monarchy still require the monarch of the United Kingdom to not be a Catholic. The Bill of Rights asserts that "it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant Kingdom to be governed by a Papist Prince" and requires a new monarch to swear a coronation oath to maintain the Protestant religion.

The Act of Settlement 1701 went even further limiting the succession to the heirs of the body of Sophia of Hanover, provided that they do not "profess the Popish religion", "marry a Papist", "be reconciled to or ... hold Communion with the See or Church of Rome".

A Roman Catholic heir can therefore only inherit the throne by changing religious allegiance. Ever since the Papacy recognised the Hanoverian dynasty in January 1766, none of the immediate royal heirs has been a Roman Catholic, and thereby disallowed by the act. Many more distantly related potential Roman Catholic heirs are listed on the line of succession to the British throne. Section 2 of the Succession to the Crown Act 2013, and similar provisions in the law of other signatories to the Perth Agreement, allow marriage by such an heir to a Roman Catholic.

In Canada, British since 1763, the Quebec Act 1774 ended some restrictions on Roman Catholics, so much so that it was called one of the "Intolerable Acts" and criticised in the Petition to the King submitted in October 1774 by the First Continental Congress of the Thirteen Colonies.

In Great Britain and, separately, in Ireland, the first Relief Act, called the Papists Act 1778, was passed; subject to an oath renouncing Stuart claims to the throne and the civil jurisdiction of the pope, it allowed Roman Catholics to own property and to inherit land. Reaction against this led to riots in Scotland in 1779 and then the Gordon Riots in London on 2 June 1780.

Further relief was given by an act of Parliament[which?] of 1782 allowing the establishment of Roman Catholic schools and bishops. The Roman Catholic Relief Act 1791 allowed the free practice of Catholicism subject to certain substantial restrictions designed to make Catholicism less visible in the communities where it was practiced. In Ireland, the Roman Catholic Relief Act 1793 was enacted by the Irish Parliament, extending the right to vote to Catholics. Since the electoral franchise at the time was largely determined by property, this relief gave the votes to Roman Catholics holding land with a rental value of £2 a year. They also started to gain access to many middle-class professions from which they had been excluded, such as the legal profession, grand jurors, universities and the lower ranks of the army and judiciary.

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