Penal law (British)

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In

An English inquisition was established to identify, exile, convert, or prosecute non-conforming Catholics, with over 300 Protestant dissenters branded heretics, and killed, and many more exiled in her five-year reign. A list of Protestant martyrs of the English Reformation was published soon after her death.

• November 1554 - Mary
  1 & 2 Ph. & M. c. 6), outlawing all Protestant literature and believers, it would be repealed a year after her death.^[1]

• The
  1 Eliz. 1. c. 1), confirmed Elizabeth as Supreme Governor of the Church of England, and imposed an Oath of Supremacy which required any person taking public or church office in England to swear allegiance to the monarch as Supreme Governor of the Church of England. It also made it a crime to assert the authority of any foreign prince, prelate, or other authority, and was aimed at abolishing the authority of the Pope in England. All who maintained the spiritual or ecclesiastical authority of any foreign prelate were to forfeit all goods and chattels, both real and personal, and all benefices for the first offence, or in case the value of these was below 20 pounds, to be imprisoned for one year; they were liable to the forfeitures of praemunire for the second offence. The penalties of praemunire were: exclusion from the sovereign's protection, forfeiture of all lands and goods, arrest to answer to the Sovereign and Council.^[2]

• The
  1 Eliz. 1. c. 2) set the order of prayer to be used in the English Book of Common Prayer and required all persons to go to church once a week or be fined. It punished all clerics who used any other service by deprivation and imprisonment.^[2]

• 13 Eliz. 1
  . c. 1 made it high treason to affirm that the queen ought not to enjoy the Crown, or to declare her to be a heretic or schismatic;
• 13 Eliz. 1
  . c. 2, which made it high treason to put into effect any papal Bull of absolution, to absolve or reconcile any person to the Catholic Church, or to be so absolved or reconciled, or to procure or publish any papal Bull or writing whatsoever. The penalties of praemunire were enacted against all who brought into England or who gave to others "Agnus Dei" or articles blessed by the pope or by any one through faculties from him.
• 13 Eliz. 1. c. 3, was designed to stop Catholics from taking refuge abroad, and declared that any subject departing the realm without the queen's license, and not returning within six months, should forfeit the profits of his lands during life and all his goods and chattels.^[2]
• The Act to retain the Queen's Majesty's subjects in their obedience (
  23 Eliz. 1
  . c. 1), passed in 1581. This made it high treason to reconcile anyone or to be reconciled to "the Romish religion", prohibited Mass under penalty of a fine of two hundred marks and imprisonment for one year for the celebrant, and a fine of one hundred marks and the same imprisonment for those who heard the Mass. This act also increased the penalty for not attending the Anglican service to the sum of twenty pounds a month, or imprisonment till the fine be paid, or till the offender went to the Anglican Church. A further penalty of ten pounds a month was inflicted on anyone keeping a schoolmaster who did not attend the Anglican service. The schoolmaster himself was to be imprisoned for one year.

• The Jesuits, etc. Act 1584 commanded all Roman Catholic priests to leave the country in 40 days or they be punished for high treason, unless within the 40 days they swore an oath to obey the Queen. Those who harbored them, and all those who knew of their presence and failed to inform the authorities would be fined and imprisoned, or where the authorities wished to make an example of them, they might be executed.^[3] This statute, under which most of the English martyrs suffered, made it high treason for any Jesuit or any seminary priest to be in England at all, and felony for any one to harbour or relieve them. The penalties of praemunire were imposed on all who sent assistance to the seminaries abroad, and a fine of 100 pounds for each offence on those who sent their children overseas without the royal licence.

Clarendon Code

While some of the Penal Laws were much older, they took their most drastic shape during the reign of

The four penal laws collectively known as Clarendon Code are named after Charles II's chief minister Edward Hyde, 1st Earl of Clarendon, though Clarendon was neither their author nor fully in favour of them.^[4] These included:

• the Corporation Act 1661 required all municipal officials to take Anglican communion, and formally reject the Solemn League and Covenant of 1643. The effect of this act was to exclude nonconformists from public office. While the legislation was not rescinded until 1828, the legal power to enforce it lapsed in 1663, and therefore many evicted officials were able to regain their positions after a few years.^[5]
• the
  Act of Uniformity Amendment Act
  , of 1872.
• the Conventicle Act 1664 forbade conventicles (a meeting for unauthorized worship) of more than five people who were not members of the same household. The purpose was to prevent dissenting religious groups from meeting.
• the Five Mile Act 1665 forbade nonconformist ministers from coming within five miles of incorporated towns or the place of their former livings. They were also forbidden to teach in schools. Most of the Act's effects were repealed by 1689, but it was not formally abolished until 1812.

Combined with the

.

Further penal laws in Great Britain

In the late 17th and 18th centuries, many non-conformist Protestants successfully evaded the political disabilities imposed by the Test Act by taking communion in the Church of England as required, while otherwise attending non-conformist meetings.

political purge

of both real and suspected Tories.

In the wake of the

Disarming Act

of 1716.

United Kingdom legislation

Papists Act 1732
Act of Parliament
6 Geo. 2. c. 5
Dates
Royal assent	21 March 1733
Other legislation
Repealed by	Statute Law Revision Act 1867
Status: Repealed

The Papists Act 1732 (

The Penal Laws were introduced into Ireland in the year 1695, disenfranchising nonconformists in favour of the minority established Church of Ireland, aligned with the Protestant Church of England. The laws' principal victims were members of the Catholic Church, numbering over three quarters of the population in the south, and adherents of the Presbyterian Church in Ireland, a majority of the population in Ulster. These laws included:

• Education Act 1695
• Banishment Act 1697
• Registration Act
  1704
• Popery Act 1704 and 1709
• Disenfranchising Act
  1728

The laws were eventually repealed, beginning in the 1770s by the 1774 Quebec Act and the Papists Act 1778. The British Roman Catholic Relief Act 1791 was followed in Ireland in 1793. Finally in 1829 Catholic emancipation was enacted, largely due to Irish political agitation organised under Daniel O'Connell in the 1820s. Sectarianism between Catholics and Protestants persisted through the 20th century, and its effects can still be seen, particularly in Northern Ireland, today.

See also

• Regnans in Excelsis
• Declaration of Indulgence
• Religion in the United Kingdom

References