Historic restrictions on members of the Catholic and Jewish faiths

Since the 19th century there have been statutory restrictions on members of the Catholic and Jewish faiths making – and advising the Crown on – appointments in the Church of England. This includes the Prime Minister and Lord Chancellor, who advise the Monarch on bishops and other offices in the established church.

This research briefing looks at the historic basis of these restrictions and how they work in practice.

Why are there restrictions?

Under the Act of Settlement (1700), the Sovereign must be “in Communion with the Church of England as by Law established”, while those who “professe the Popish Religion” are “incapable to inherit possess or enjoy the Crown and Government of this Realm”.

Those in the line of succession who profess the Roman Catholic faith therefore cannot become King or Queen, or serve as a Regent or Counsellor of State under the Regency Act 1937.

Until the mid-19th century there were considerably more restrictions on Catholics and Jews, including an effective prohibition on becoming Members of Parliament. Two acts of Parliament in 1829 and 1858 removed many – but not all – of these legal barriers to their participation in public life.

What restrictions are in place?

Section 18 of the Roman Catholic Relief Act 1829 provides that it is not lawful for “any person professing the Roman Catholic religion directly or indirectly to advise his Majesty” or a Regent “concerning the appointment to or disposal of any office or preferment in the Church of England, or in the Church of Scotland”. Anyone breaking this law shall be “deemed guilty of a high misdemeanor, and disabled for ever from holding any office, civil or military, under the Crown”.

Similarly, section 4 of the Jews’ Relief Act 1858 provides that it is not lawful “for any Person professing the Jewish Religion, directly or indirectly, to advise [His] Majesty, [His] Heirs or Successors” or a Regent on Church of England or Church of Scotland appointments. As with the 1829 act, it is a high misdemeanour to do so and would bar an offender from holding any office under the Crown.

There are also statutory restrictions on “persons professing the Roman Catholic religion” from holding or exercising certain offices. Under section 12 of the Roman Catholic Relief Act 1829, these are:

• guardians and justices of the United Kingdom (now defunct offices)
• Regent (a member of the Royal Family who acts on behalf of an underage or incapacitated Monarch)
• Lord Keeper of the Great Seal (another defunct office)
• Lord Commissioner of the Great Seal of the Realm (individuals acting on behalf of the Lord Chancellor under the Great Seal Act 1688)

The 1829 act as passed also listed the Lord High Chancellor of Great Britain (otherwise known as the Lord Chancellor) and the Lord High Commissioner to the General Assembly of the Church of Scotland.

Section 1 of the Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974 declared for the “avoidance of doubt” that the office of Lord Chancellor “is and shall be tenable by an adherent of the Roman Catholic faith”.

Section 1 of the Church of Scotland (Lord High Commissioner) Act 2025 amended the Roman Catholic Relief Act 1829 to remove the Lord High Commissioner from the prohibited list in section 12.

Restrictions on those of the Jewish faith holding certain offices were repealed by the Promissory Oaths Act 1871.

What do the restrictions mean in practice?

The words “directly or indirectly” in the 1829 and 1858 acts not only prohibit Ministers of the Crown from advising on church appointments, but also their advisers. This includes the Prime Minister’s Appointments Secretary.

It is unclear whether the reference to the Church of Scotland has any continuing practical relevance, as appointments within the Kirk are made independently of the Monarch. Lay patronage, which previously gave landowners (including, where relevant, the Sovereign) a say in ecclesiastical appointments, was abolished by the Church Patronage (Scotland) Act 1874.

Restrictions only apply to practising Catholics or Jews. Benjamin Disraeli (Prime Minister in 1868 and again between 1874 and 1880) was culturally Jewish but had an Anglican upbringing after the age of 12 so was able to advise the Crown.

If a Catholic holds the office of Prime Minister, then this aspect of their duties can be delegated to another Minister of the Crown (that is, another government minister) not similarly barred. In May 2021, media reports suggested that Boris Johnson’s role in church appointments had been transferred to the then Lord Chancellor, Robert Buckland. According to Rajiv Shah, a former Conservative special adviser (and a Catholic), this did not take place:

The [Prime Minister] took the view that, whatever Canon law might say, in the eyes of English law he remained Anglican and so the prohibition of the Catholic Relief Act did not bite. That provision did however impact me ([I] could not advise Robert [Buckland] on his role re appointment of CofE clergy) and the equivalent one in the Jew[s'] Relief Act impacted Lord Wolfson ([who] could not advise the Crown on appointment of [A]nglican clergy in the [Crown Dependencies] even though he was the minister responsible for them).

Under section 2 of the Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974, if the office of Lord Chancellor is held by “an adherent of the Roman Catholic faith” then their ecclesiastical functions can be transferred to any other Minister of the Crown:

it shall be lawful for [His] Majesty in Council to make provision for the exercise of any or all the visitational or the ecclesiastical functions normally performed by the Lord Chancellor, and any patronage to livings normally in the gift of the Lord Chancellor, to be performed by the Prime Minister or any other Minister of the Crown.

If the Chancellor of the Duchy of Lancaster is Catholic or Jewish, the Clerk of the Council of the Duchy, who is a full-time Duchy official and not a Minister of the Crown, takes his or her place in advising the King on certain benefices (ecclesiastical offices) in the Church of England of which he is patron.

Section 4 of the Jews’ Relief Act 1858 provides that where:

any right of presentation to any ecclesiastical benefice shall belong to any office in the gift or appointment of Her Majesty, and such office shall be held by a person professing the Jewish religion, the right of presentation shall devolve upon and be exercised by the Archbishop of Canterbury for the time being.

Proposals for reform

In a letter to members of the House of Lords sent on 5 March 2025, the then Lord Privy Seal said the government was considering “how to address historic restrictions on Roman Catholics and Jews advising the Crown on appointments in the Anglican Church”.

However, in a response to parliamentary questions in October and November 2025, Nick Thomas-Symonds, the Minister for the Cabinet Office, said that while the government would keep the “matter under review”, given “other pressing issues” it was “not a current priority”.

Further reading

The royal prerogative and ministerial advice

The relationship between church and state in the United Kingdom