Universities Tests Act 1871 Removes Religious Barriers for Oxford, Cambridge, and Durham Students

1871: Universities Tests Act Opens Oxford, Cambridge, and Durham to Students Without Religious Tests

The Universities Tests Act of 1871 represents one of the most significant milestones in the history of British higher education, marking the end of centuries of religious exclusivity at England's most prestigious universities. This landmark legislation, passed on 16 June 1871 during William Ewart Gladstone's first ministry, abolished religious tests for admission to Oxford, Cambridge, and Durham Universities, with the exception of divinity degrees . The Act's passage signaled a profound shift in the relationship between religion, education, and the state in Victorian Britain, opening doors that had been firmly closed to non-Anglicans since the Reformation.

Photo: Oxford University

Historical Context: Religious Exclusivity in English Universities

To fully appreciate the significance of the 1871 Act, we must examine the deep historical roots of religious discrimination in England's ancient universities. The origins of this exclusivity trace back to the English Reformation and Elizabeth I's reign. In 1581, Oxford University mandated that no individual could formally matriculate without swearing an oath to both the monarch and the Church of England . Similar requirements existed at Cambridge, though Oxford's restrictions were notably stricter, making it "the most exclusive university in the British Isles" .

This religious exclusivity was part of a broader pattern where Oxford and Cambridge maintained a duopoly on English higher education for centuries, actively suppressing attempts to establish competing institutions. From 1334 onward, graduates of Oxford and Cambridge were required to swear the "Stamford Oath," pledging not to give lectures outside these two universities—a prohibition that remained in force until 1827 . The universities' privileged position was maintained through a "mutually supportive alliance between the universities and the powerful English state," where the state protected the universities' monopoly in exchange for their role in maintaining religious and political orthodoxy .

By the early 19th century, this system appeared increasingly anachronistic. As religious diversity grew in Britain, the Anglican monopoly at Oxford and Cambridge became a source of tension. Nonconformist Protestants (Dissenters), Roman Catholics, Jews, and secular thinkers found themselves excluded from England's premier institutions of learning. The situation was particularly galling given that Scotland had five universities open to students of various denominations, and the Continent had dozens more .

The Road to Reform: Gradual Changes Before 1871

Pressure for reform built gradually throughout the 19th century. An important early development was the founding of University College London (UCL) in 1826 as a consciously secular alternative to Oxford and Cambridge. Quickly dubbed the "godless college of Gower Street," UCL was open from its inception to students of all faiths and none . This represented a direct challenge to the Anglican monopoly, though Oxford and Cambridge initially resisted similar changes.

The first legislative reforms came in the 1850s. The Oxford University Act 1854 removed religious tests for undergraduate degrees (except in theology), while the Cambridge University Act 1856 abolished them for degrees in Arts, Law, Music, and Medicine . However, these reforms were incomplete. At Oxford, many colleges retained their barriers, and most academic positions remained closed to non-Anglicans . At Cambridge, while more degrees were opened, graduates still had to declare themselves "bona fide a Member of the Church of England" to join the university Senate or hold certain offices .

Durham University, founded in 1832, had removed religious tests for non-theology degrees in 1865, but like Oxford and Cambridge, maintained restrictions on higher degrees and governance positions . Thus, by the late 1860s, while some progress had been made, significant barriers remained that prevented non-Anglicans from fully participating in university life.

The Catalysts for Change

Several factors converged to make the comprehensive reform of 1871 possible. Politically, the growing power of nonconformists within the Liberal Party created pressure for change. Gladstone's government saw the issue as part of a broader agenda of liberal reform . Theologically, the rise of broad church Anglicanism and secular thought made religious tests seem increasingly outdated to many intellectuals.

A particularly powerful catalyst was the case of Numa Edward Hartog, a Jewish student at Cambridge who in 1869 became the university's first Jewish Senior Wrangler (top mathematics graduate) . Despite this extraordinary achievement, Hartog could not accept the fellowship that would normally follow because he could not subscribe to the required Anglican declarations. His testimony before the House of Lords helped secure passage of the bill after the Lords had twice blocked similar legislation in 1869 and 1870 . Tragically, Hartog died of smallpox before he could benefit from the reform he helped bring about.

Provisions of the Universities Tests Act 1871

The Act's text begins by declaring it "expedient that the benefits of the Universities of Oxford, Cambridge, and Durham... should be rendered freely accessible to the nation" and notes that "many of Her Majesty's subjects are debarred from the full enjoyment of the same" by religious tests . Its key provisions were sweeping:

Section 3 prohibited any requirement for students or faculty (except in divinity) to "subscribe any article or formulary of faith," make declarations about religious belief, conform to religious observances, attend specific worship services, or belong to any particular denomination . This opened all lay degrees and most academic positions to non-Anglicans for the first time.

However, the Act included important safeguards for Anglican practice within the universities. Section 4 protected existing systems of "religious instruction, worship, and discipline," while Section 5 required colleges to provide Anglican religious instruction for their students . Section 6 maintained the daily use of the Book of Common Prayer in college chapels, though allowing for some abridgement on weekdays.

The Act also repealed numerous earlier statutes that had enforced religious conformity, including parts of the Act of Uniformity (1662) and various Catholic relief acts that had maintained exceptions for the universities . This legislative cleanup was essential for ensuring the new regime's stability.

Immediate Impact and Limitations

The 1871 Act's effects were both profound and, in some ways, limited. Most immediately, it allowed non-Anglicans to take up fellowships and professorships. The first Jew elected to a fellowship after the Act was Samuel Alexander at Oxford's Lincoln College in 1882 . Roman Catholics, nonconformist Protestants, Jews, and eventually Muslims, Hindus, and others could now formally join the academic community at Oxford, Cambridge, and Durham.

The Act also had important consequences for the universities' student bodies. As Dr. Samina Khan of Oxford noted, it was "one of the first major steps towards making the University more accessible," helping create a more diverse student population over time . New colleges were founded for various denominations: Mansfield for Congregationalists, Harris Manchester for Unitarians, Regent's Park for Baptists, and several Roman Catholic foundations . Somerville College, founded in 1879 as a non-denominational institution for women, notably had no chapel—a symbolic break with tradition .

However, the Act's impact was not immediate or complete in all areas. Many colleges remained "only nominally open to a wider range of people" in practice . Social and cultural barriers persisted alongside the removed legal ones. Moreover, the Act did nothing about gender discrimination—Oxford did not admit women to degrees until 1920 . The divinity exception also maintained Anglican control over theological education, an important limitation.

Long-Term Consequences and Legacy

Over the decades following 1871, the Act's effects became increasingly apparent. As Professor Martin Williams observed, "the decades afterwards saw the arrival of Muslims, Jews, and Hindus, and students from other world faiths to the University and the town as brilliant scholars who would have once been excluded were enabled to attend" . This religious diversity gradually transformed Oxford and Cambridge from Anglican seminaries into more cosmopolitan institutions.

The Act also had symbolic importance beyond its immediate legal effects. As Miles Young, Warden of New College, noted, it represented "a closely fought victory for toleration, and an essential foundation for the work that we do today to promote inclusion" . The principle of not testing individuals' beliefs became embedded in the universities' evolving ethos.

In the broader context of British history, the Act marked a key step in the process of Catholic Emancipation and religious equality. As the Encyclopædia Britannica notes, with this Act "Catholic Emancipation in the United Kingdom was virtually complete" . It represented the culmination of a movement that had begun with the repeal of the Test and Corporation Acts in 1828 and Catholic Emancipation in 1829.

Contemporary Reflections and Unfinished Business

On the 150th anniversary of the Act in 2021, Oxford University reflected on its legacy. Professor Anthony Reddie called it "a critical juncture at which to reflect on the long march towards greater equality, diversity, and inclusion in this venerable institution" . While celebrating progress, commentators also noted ongoing challenges. Professor Williams acknowledged that "the University still has work to do to make Oxford into a truly inclusive community in which everyone feels welcome and respected" .

Indeed, while the Act removed formal religious barriers, informal ones persisted. Moreover, as Humanists UK has noted, 150 years after the Act, "state-funded schools are still permitted to select staff and pupils on religious grounds"—a continuation of discrimination in other educational spheres . The Act's limitations—its exclusions of divinity, its preservation of Anglican worship in colleges—also represent unfinished business for some critics.

Conclusion:

The Universities Tests Act 1871 stands as a pivotal moment in the democratization of British higher education. By abolishing religious tests at Oxford, Cambridge, and Durham, it began transforming these institutions from Anglican preserves into national (and eventually international) centers of learning. The Act reflected broader Victorian trends of liberal reform and religious pluralism while demonstrating the enduring power of Britain's ancient universities to adapt to changing times.

As we consider the Act's legacy today, we see both how far British universities have come and how far they still have to go in achieving true inclusivity. The principles established in 1871—that intellectual excellence should not be limited by religious affiliation—remain vital in an increasingly diverse and secular society. In this sense, the Universities Tests Act was not just about Victorian religious politics, but about enduring questions of how institutions balance tradition with openness, and how societies expand access to opportunity while maintaining excellence.

The story of the Act also reminds us that institutional change often comes gradually, through a combination of external pressure, internal reform, and individual courage—exemplified by figures like Numa Hartog. As Oxford's commemoration noted, this "now almost completely forgotten" legislation helped make possible the diverse, global universities we know today . Its quiet revolution continues to shape British higher education nearly a century and a half later.

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