Concepts of the Penal Laws: The Popery Acts 1695-1756

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Table of Contents

Background
Presbyterianism, Catholicism, and Protestantism
Introduction
How they Affected
Continued Effect in 1920
Unsuccessful the Penal Laws
Conclusion
References

Background

For a long time, England wanted to rule Ireland and its territories. However, it was not easy to rule Ireland without an acme of sophistication in terms of enacting new acts disenfranchising the normal scenario.

In 1367, England enacted an Act, Statutes of Kilkenny, to thwart ancient England from adopting what was a Gaelic culture. Further, in 1494, the enactment of Poynings Law paralyzed Irish parliament rendering it useless as compared to the English side.

During English Reformation from 1533 to 1538, English administration under Henry VIII made new religious mandates, which affected Ireland-England relations further. Consequently, from 1539 onwards, persecution Protestant followed until summating the formation of the Kingdom of Ireland.

However, on his son’s reign, Edward VII allowed and supported Protestantism in entirety. Between 1553 and 1558, Queen Mary imposed a pure Catholicism policy commanding everyone to observe Catholicism (Treaty of Augsburg).

The territorial rules continued further even as Queen Marry married King II who later became the king of Spain. (Anderson, 1898, pp. 3-23).

Religious conflict continued between the two countries during Queen Elizabeth’s reign (1558 to 1603). Nevertheless, the hierarchy of the Catholic Church excommunicated her citing heresy as the main reason behind. Later on, the Irish Catholics became annoyed by the move.

A controversy among Catholics brews because some Catholics supported Queen Elizabeth while others supported Pope’s verdict. In the 1570s and 1580s, Philip II ruled the kingdom in Ireland under the support and direction of Gaelic chieftains.

Towards the end of the 16th century, Engine land promulgated colonial laws especially in the plantations of Ireland where anti-Catholic legislation on took precedence.

Presbyterianism, Catholicism, and Protestantism

Presbyterianism in Ireland gained ground as from 1610 when James I ruled England. Presbyterians from England moved into Ireland to form the Church of Scotland. In 1642, under their leader Cromwell, Presbyterians multiplied creating more churches.

Astonishingly, England administration rewarded those who observed Presbyterianism. William III paid more homage to these Presbyterians more than what James II did.

Nevertheless, many of them remained rich, owning large tracks of land. Thus, during the period of legal disabilities (penal laws), they opted to remain conscious.

Nevertheless, Catholicism was the majority religion in Ireland. Protestants, on the other hand, constituted a minority that mainly observed Anglicanism. Catholics were rich citizens, who envied Protestants. On the other hand, Protestants were poor and relied on church tithes for survival.

Overall, the Catholics owned large tracks of land more than Presbyterians and Protestants. Consequently, Protestants proselytized to turn Catholicism into Anglicanism (Protestantism), for economic survival. However, the plan failed to lead to Protestant Ascendancy hence; penal laws.

Introduction

Even without denial, the elitist and affluent class in both England and Ireland constituted the clergy and professional members, who were members of the Roman Catholic Church. These people owned large tracks of land and dictated city expansions as they were rich.

In fact, in 1700, the population in Dublin exceeded 60 000 people mainly Catholics; making it the second largest city in the ancient British Empire. Magnificent houses and state of the art streets characterized Dublin especially at Liffey riverfront where the rich resided their businesses.

Moreover, the century had numerous political implications on Irish Catholics. The Irish Catholics were very successful people and had tried to take power and rule.

The monarchs on realizing these motives, they tried every mean possible to derail Catholic sentiments. They could harbor all mechanisms like torture and detainment to realize their ambitions. (Connolly, 1998, pp. 1-9, 247-249).

Basically, under law practices, penal is a union of laws created and enforced by the state to prohibit certain participation. It can be a prohibition against religious freedoms, owning property, employment, race prejudice or political participation.

More often than not, if an individual or a group of people violate penal laws, punishment follows. Unlike civil laws, penal laws do not permit legal redress but rather, impose a direct punishment to the offender just like in criminal law.

Penal laws started in the 18th century to punish nonconformists especially in the United Kingdom and Ireland. Penal laws sought to continue the supremacy of the Church of England over Roman Catholics and nonconformist Protestants.

The battle of supremacy continued on whom between Protestants and Catholics had a say of control. Successive monarchs enacted anti-Catholic laws aimed at silencing Catholic supremacy.

For example, the monarchs changed regular Catholic worship into periodic worships, made sure that no Catholic held an administrative office and no Catholic participated in Irish politics.

The Cromwellian regime was responsible for these harsh legislation, which to all intents and purposes; combined Ireland and English law.

In a more horrifying note, Protestants enacted similar anti-Catholic laws-penal laws that segregated Catholic clergy hence; complicating life in Ireland. However, the laws were never to succeed as the Irish Catholics decided to use Irish parliament to meet their demands and achieve new primaries.

The period between 1695 and 1756 saw many Irish Catholics suffer at the expense of penal laws, which were enacted by successive monarchs. Life of clergy became complex as Protestants teased to castrate anybody who dared to worship Catholicism.

It only took able and bold clergymen to resist any temptation and yield to protestant demands. Finally, Protestants defeated Catholics, and Protestant Ascendancy ensued as from 1661 to778.

How they Affected

Many scholars argue that the main reason for creating penal laws was to acquire land from wealthy Irish Catholics. For example, in 1641, the journey of impoverishing Catholics started. Statistically, more than 60 percent of Catholics in Ireland lost land.

This was clear when the government released the census report in 1735. There was a sporadic change of religion from Protestantism to Catholicism. Medicine became rare between 1728 and 1793 while on the other hand, the laws barred Catholics from voting.

As from 1778, the building of new sanctuaries required permission from the relevant authority and should they elect new Churches; the laws demanded them to be far away from the road.

Ireland remained quiescent over this period while surrounded by misery, exhaustion, hopelessness, and trepidation. Like someone hunting wild animals, Irish Catholics became preys to be hunted. From faith to possessions, the regimes confiscated them.

Moreover, during the reign of James the First, many Irish Catholics lost land and houses. Limerick, a Catholic, had ruled Ireland for an along time.

The opponents had greatly opposed his administration due to Catholic favoritism. Envy took precedent by far even as Protestants felt to be like Catholics. For example, Limerick enacted legislation called the Treaty of Limerick, which gave Catholics authority to religious freedom.

The Protestants read mischief in these religious freedoms. They hoped for a day of revenge when the regime will change and favor their side. Nonetheless, in 1691, Limerick surrendered Irish power to Protestant adherents. It was now their turn to favor Protestantism through Catholic conquers.

Consequently, an Irish Parliament, full of Protestant Lords and members of Parliament enacted laws, which grossly violated Catholic freedoms. (Ciardha &Eamon, 2004, pp. 241-243, 358-361).

Down in the counties, Protestants had won majority seats by storm. Inadvertently, these leaders have experienced land proprietors whose practices waited.

They dictated who owned land in Ireland. Parliament together with the county governments made several acts aiming landed Catholics.

For example, among the enacted Acts were penal laws prohibiting Catholics from achieving any form of education; no Catholic will be allowed to leave the country for further studies abroad, or send any Irish citizen to any country dominated by Roman Catholicism.

Additionally, the penal laws prohibited marriages between a Catholic and a protestant. In cases where marriage had occurred between a Catholic and a Protestant, the penal laws dictated children be taught Protestant doctrines.

The penal laws continued further and prohibited regular clergy, vicars-general, bishops and other clergy members from parental care; under the Bishop’s Act of 1697.

Additionally, these ecclesiastical Catholic leaders had no mandate to possess any land or property of any kind. (Irish Identity, 2010, Para. 1-5).

Furthermore, no Catholic could recruit as a soldier or became a commissioner whether in the army or navy. The penal laws affected Catholics who held high offices of honor. Many of them lost their jobs because; the penal laws prohibited a Catholic from holding emolument state positions.

The Catholics did not have the mandate to ballot for members of the Commons or Lords. On the other hand, any Protestant who tried to marry a Catholic wife faced the same disability as that of Catholics.

Equally, it became a felony for any Irish citizen to edify Catholic doctrines, and the penal laws ordered Catholic leaders to leave Catholic practices as from 1 May 1698.

On the other hand, it was treason to convert a member from observing Protestant ordinance into Catholic worship. Such an act was a capital offense. The laws continued to impoverish Irish Catholics. (Irish Identity, 2010, Para. 5-13).

Oppression, degradation, debasement, and torture of Irish Catholics became a talk of the day until man’s ingenuity ceased to subsist.

In essence, the Protestants enjoyed oppressing Catholics to gain fame, property, and control. Under the English Act, all Catholic parliamentary members had no right to vote in Parliament as from 1728.

Principally, the Protestant leaders’ enacted penal laws to victimize the whole Irish Catholic population. For example, the Irish Catholic peers of the realm and gentry owned about 14 percent of Irish’s fertile land. They reared cattle and could sell meat overseas.

The penal laws targeted these aristocracies as their envy heightened daily. They could not extend their families through marriages or purchase of a property. Furthermore, their exclusion from Irish politics and international relations became a threat to property fragmentation.

Penal laws continued to mar Catholic development as their stay became harder by day. One of the most striking features of penal laws in Ireland is that they largely targeted Catholics who owned land and other properties.

For example, in 1641, 60 percent of the Irish population owned productive land. This population constituted Catholics. Conversely, during the census conducted in 1776, it was clear about 55 percent of Catholics had lost their property due to penal laws.

Additionally, the penal laws saw over 75 percent of Irish Catholics denounce Catholicism and instead opt for Protestantism. Nevertheless, this conversion from Catholicism to Protestantism had taken a long time because; the gentry feared for their property loss rather than faith.

These aristocracies wanted to keep family land no matter the cost. Moreover, to maintain the status quo, the gentry decided to send their children abroad to join Wild Geese. If this was not possible, they could send their children to seminaries like Louvain to be educated.

Unfortunately, since the penal laws prohibited Catholics from buying or owning property, Irish Catholics were left with one opportunity- trade. (Connolly, 1998, pp. 248-249).

Continued Effect in 1920

The war on supremacy between Catholics and Protestants continued even up to a 20th century. The penal laws made Catholics suffer each day. However, the Catholics promised abolition of Penal laws waiter longer than expected.

Irish Catholics tired of the cruel laws, which enslaved their identity, sought an address from Pope Benedict XV. It was Sean O’Kelly who wrote a memorandum to the Pope for clarification. For example, the general election in 1918 did not reflect the Catholic majority in Ireland.

Political segregation continued further. Those who continued to abhor Catholicism became martyrs of the Holy See. Any appointment of Irish bishops required authority from England. (Royal Irish Academy, 1820, p.1).

Unsuccessful the Penal Laws

The penal laws in Ireland had serious negative effects on Catholics. Through penal laws, Catholics lost property, land, and life.

Nonetheless, it seems these laws never stopped Catholicism though full of implications. Before Williamite Wars, Catholics composed 75 percent of the Irish population, had large trucks of fertile land and actively engaged in politics, economic and social activities.

The penal laws saw Catholics lose their land by a great margin. The Treaty of Limerick, which gave Catholics freedom to own property and exercise their religious freedoms, ceased to exist as soon as the penal laws came into force.

In essence, penal laws went contrary to the Treaty of Limerick; hence; oppression, debasement, and disenfranchisement of religious freedom.

After the war, Protestants remained in control of political, economic and social spheres of Ireland. Catholics were reduced to mere public figures living in misery and poverty.

However, despite this enormous Protestant control, Protestant Ascendancy never settled to maintain their supremacy. For example, they feared Catholic revival could result in future hammer their ‘hard-won freedoms.’

On the other hand, far and wide claims indicated a slow revival of the Stuart Dynasty, which was against Protestant dominance. These were the main reasons why Protestants enacted penal laws that cut across the Irish population in entirety.

Although the penal laws were the main architecture of Catholic paucity, on the other hand, they strengthened the will to endure on. The penal laws were bound to fail. This is because; the majority of Catholics never faltered of their old religion.

The laws strengthened their urge to become more firm of their faith. Even with castration threats, a few priests managed to conform; leaving the majority intact.

Strikingly, the penal laws fixed a £5 for the head of a priest; the threat did not mature to reach fruition. Instead, those who hunted for priest’s heads became victims of Irish rapparees, who kept constant country patrols. (Sunderson, 1989, pp. 47-92).

Although the penal laws prohibited Catholic assembly and teachings, Irish Catholics moved up the mountains, at mass-rocks, over plains and woodlands to celebrate masses.

To this far, the penal laws were bound to fail. The once weakened side was slowly regaining momentum, and soon restoration. On the other hand, the penal laws on education suffered a great deal.

This is because; the young men who opted to become priests went abroad to study in Irish colleges and other continent colleges, but later returned home to continue their mission. At home, their families and friends protected them from any attack.

Additionally, Catholics took their children into hedges to get an education. In ‘hedge-schools,’ a special group of teachers called hedge schoolmasters-classical scholars at one time studying holy principles but dropped, provided knowledge to children.

In some occasion when the weather was harsh, Protestant friends offered them accommodation notwithstanding the risks involved.

Though the penal laws mainly targeted Catholics, Presbyterians, on the other hand, were adversely affected. The penal laws required all non-Protestants to pay tithes. The tithes were meant to upkeep Protestant clergies.

However, in a move calculated as penal law failure, a section of Native Irish population who hated paying tithes could stone or kill tithe collectors.

It was a revenge mission whose intention involved religious freedom and wealth creation. Consequently, the tithe-proctors feared to collect tithes hence; overburdening the clergy.

In 1739, famine outbreak affected the penal laws. Poverty levels increased more while on the other hand, disease outbreak almost paralyzed Ireland in 1941. According to historical figures, about 300 000 people died in 1941 alone. Moreover, many Irish migrated to other countries.

Staunch Protestants had either died or moved to other countries weakening Protestant rule. Between 1778 and 1782, the effect of penal laws lessened. This was because; Irish Parliament abolished laws on land and property possession and that of religious worship.

On the other hand, liberal Protestants teamed up with Catholics to a patriotic movement in parliament to oversee abhorrent legislation. (Irish Identity, 2010, Para. 5-9)

Similarly, in 1776, the American War of Independence threatened the security of Irish citizens. There was fear of attack even as financial and trade partners turned hostile to the penal laws. For instance, trade embargo from London had affected the Irish economy.

Fatefully, the Irish army was in America fighting. Back at home, the country remained defenseless. The Protestants on realizing this sought friendship with their enemies to create a defense unit to take care of any invasion. Penal laws weakened even further.

In parliament, members demanded the removal of penal laws, and in 1793, the Relief Act allowed Catholics to vote, own property and receive a university education. (Power & Whelan, 1990, pp. 6-57).

Conclusion

Notwithstanding the effect created by penal rules, the Irish Catholics did not uniformly denounce their faith. The criminal laws were created by Protestants to affect landed Catholics. Nevertheless, many Catholics in Ireland lost property and land at the expense of penal laws.

Interestingly, though threatened with death, the biggest portion of Irish Catholics did not denounce their faith. Nevertheless, many were killed due to their hard stance. Overall, penal laws failed greatly because; Protestants relied on Catholic support.

It might be true Protestant Ascendancy pulled back most Irish citizens who were Catholics. Nevertheless, even by oppression, torture, losing property and life, Catholicism never ceased in Ireland. Instead, it became stronger to outdo Protestantism.

References

Ciardha, O. & Eamonn, E., 2004. Ireland and the Jacobite Cause, 1685-1766. Dublin: Four Courts Incorporation.

Connolly, S., 1998. The Oxford Companion to Irish History. Oxford: Oxford University Press.

Irish Identity., 2010. Penal laws.

McCormack, W., 1999. The Blackwell companion to modern Irish culture. Malden, Massachusetts: Blackwell Publishers.

Power, T. & Whelan, K., 1990. Endurance and Emergence: Catholics in Ireland in the Eighteenth Century. Dublin: Irish academic press.

Royal Irish Academy., 1920. Memorandum by Sean T. O’Ceallaigh to Pope Benedict XV. Web.

Sanderson, E., 1898. The British Empire in the Nineteenth Century. London. Black &Son Publishers.

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