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In Ireland, the penal laws () were a series of legal disabilities imposed in the seventeenth, and early eighteenth, centuries on the kingdom's Roman Catholic majority and, to a lesser degree, on Protestant "Dissenters". Enacted by the Irish Parliament, they secured the
Protestant Ascendancy The Protestant Ascendancy (also known as the Ascendancy) was the sociopolitical and economical domination of Ireland between the 17th and early 20th centuries by a small Anglicanism, Anglican ruling class, whose members consisted of landowners, ...
by further concentrating property and public office in the hands of those who, as communicants of the established
Church of Ireland The Church of Ireland (, ; , ) is a Christian church in Ireland, and an autonomy, autonomous province of the Anglican Communion. It is organised on an all-Ireland basis and is the Christianity in Ireland, second-largest Christian church on the ...
, subscribed to the
Oath of Supremacy The Oath of Supremacy required any person taking public or church office in the Kingdom of England, or in its subordinate Kingdom of Ireland, to swear allegiance to the monarch as Supreme Governor of the Church. Failure to do so was to be trea ...
. The Oath acknowledged the
British monarch The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the form of government used by the United Kingdom by which a hereditary monarch reigns as the head of state, with their powers regulated by the British con ...
as the "supreme governor" of matters both spiritual and temporal, and abjured "all foreign jurisdictions ndpowers"—by implication both the
Pope The pope is the bishop of Rome and the Head of the Church#Catholic Church, visible head of the worldwide Catholic Church. He is also known as the supreme pontiff, Roman pontiff, or sovereign pontiff. From the 8th century until 1870, the po ...
in
Rome Rome (Italian language, Italian and , ) is the capital city and most populated (municipality) of Italy. It is also the administrative centre of the Lazio Regions of Italy, region and of the Metropolitan City of Rome. A special named with 2, ...
and the Stuart "Pretender" in the court of the
King of France France was ruled by monarchs from the establishment of the kingdom of West Francia in 843 until the end of the Second French Empire in 1870, with several interruptions. Classical French historiography usually regards Clovis I, king of the Fra ...
. The laws included the Education Act 1695, the Banishment Act 1697, the Registration Act 1704, the Popery Acts 1704 and 1709, and the Disenfranchising Act 1728. Under pressure from the British government, which in its rivalry with France sought Catholic alliances abroad and Catholic loyalty at home, the laws were repealed through a series of relief acts beginning in 1771. The last significant disability, the requirement that Members of Parliament take the Oath of Supremacy, was removed in 1829, after Ireland had been incorporated by the 1800 Acts of Union into a
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
with
Great Britain Great Britain is an island in the North Atlantic Ocean off the north-west coast of continental Europe, consisting of the countries England, Scotland, and Wales. With an area of , it is the largest of the British Isles, the List of European ...
. The
Government of Ireland Act 1920 The Government of Ireland Act 1920 ( 10 & 11 Geo. 5. c. 67) was an act of the Parliament of the United Kingdom. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bi ...
(coming into force during the
Irish War of Independence The Irish War of Independence (), also known as the Anglo-Irish War, was a guerrilla war fought in Ireland from 1919 to 1921 between the Irish Republican Army (1919–1922), Irish Republican Army (IRA, the army of the Irish Republic) and Unite ...
) contained an all-purpose provision in Section 5 removing any remaining sacramental tests technically still in existence.


Stuart and Cromwellian rule

The penal laws were, according to
Edmund Burke Edmund Burke (; 12 January ew Style, NS1729 – 9 July 1797) was an Anglo-Irish Politician, statesman, journalist, writer, literary critic, philosopher, and parliamentary orator who is regarded as the founder of the Social philosophy, soc ...
, "a machine of wise and elaborate contrivance, as well fitted for the oppression, impoverishment and degradation of a people, and the debasement in them of human nature itself, as ever proceeded from the perverted ingenuity of man." Burke long counselled kinder relations by London with its American and Irish cousins, fearing that the punitive spirit fostered by the British was destroying English character, and would spur violent revolt. Initially, the dual monarchs of England and Ireland were cautious about applying penal laws to Ireland because they needed the support of the Catholic upper classes to put down the
Gaelic Irish The Gaels ( ; ; ; ) are an Insular Celtic ethnolinguistic group native to Ireland, Scotland, and the Isle of Man. They are associated with the Gaelic languages: a branch of the Celtic languages comprising Irish, Manx, and Scottish Gaeli ...
rebellion in the Nine Years War (1594–1603). In addition, a significant section of the Catholic aristocracy was composed of
Old English Old English ( or , or ), or Anglo-Saxon, is the earliest recorded form of the English language, spoken in England and southern and eastern Scotland in the Early Middle Ages. It developed from the languages brought to Great Britain by Anglo-S ...
, who had traditionally been loyal to English rule in Ireland. However, the ascent of
James VI of Scotland James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the Scottish and English crowns on 24 March 1603 until ...
to both the English and Irish thrones as James I in 1603 and the eventual victory in the Nine Years War saw a series of coercive new laws put into force. In 1605 the '
Gunpowder Plot The Gunpowder Plot of 1605, in earlier centuries often called the Gunpowder Treason Plot or the Jesuit Treason, was an unsuccessful attempted regicide against James VI and I, King James VI of Scotland and I of England by a group of English ...
' was planned by a group of English Catholics, who were disappointed in their hopes that James would relieve laws against Catholics. This provided a further impetus and justification for restrictive laws on Catholics in Ireland, Scotland and England. In 1607 the
Flight of the Earls On 14 September ld Style and New Style dates, O.S. 4 September1607, Irish earls Hugh O'Neill, Earl of Tyrone, and Rory O'Donnell, 1st Earl of Tyrconnell, permanently departed Rathmullan in Ireland for mainland Europe, accompanied by their fa ...
seeking Catholic help in Europe for a further revolt set the scene for a wholesale
Plantation of Ulster The Plantation of Ulster (; Ulster Scots dialects, Ulster Scots: ) was the organised Settler colonialism, colonisation (''Plantation (settlement or colony), plantation'') of Ulstera Provinces of Ireland, province of Irelandby people from Great ...
by the Lowland Scots and Northern English. From 1607, Catholics were barred from holding public office or serving in the
Irish Army The Irish Army () is the land component of the Defence Forces (Ireland), Defence Forces of Republic of Ireland, Ireland.The Defence Forces are made up of the Permanent Defence Forces – the standing branches – and the Reserve Defence Forces. ...
. This meant that the Irish Privy Council and the Lords Justice who, along with the
Lord Deputy of Ireland The Lord Deputy was the representative of the monarch and head of the Irish executive (government), executive under English rule, during the Lordship of Ireland and then the Kingdom of Ireland. He deputised prior to 1523 for the Viceroy of Ireland ...
, constituted the government of the country, would in future be Anglicans. In 1613, the constituencies of the
Irish House of Commons The Irish House of Commons was the lower house of the Parliament of Ireland that existed from 1297 until the end of 1800. The upper house was the Irish House of Lords, House of Lords. The membership of the House of Commons was directly elected, ...
were altered to give plantation settlers a majority. In addition, Catholics in all three Kingdoms had to pay 'recusant fines' for non-attendance at Anglican services. Catholic churches were transferred to the Anglican
Church of Ireland The Church of Ireland (, ; , ) is a Christian church in Ireland, and an autonomy, autonomous province of the Anglican Communion. It is organised on an all-Ireland basis and is the Christianity in Ireland, second-largest Christian church on the ...
. Catholic services, however, were generally tacitly tolerated as long as they were conducted in private. Catholic priests were also tolerated, but bishops were forced to operate clandestinely. In 1634 the issue of the "Graces" arose; generous taxation for Charles I (whose Queen
Henrietta Maria Henrietta Maria of France (French language, French: ''Henriette Marie''; 25 November 1609 – 10 September 1669) was List of English royal consorts, Queen of England, List of Scottish royal consorts, Scotland and Ireland from her marriage to K ...
was Catholic) was supported by Irish Catholic landlords on the understanding that the laws would be reformed, but once the tax was passed, Charles' viceroy refused two of the 51 Graces, and subsequent bills were blocked by the Catholic majority in the
Irish House of Lords The Irish House of Lords was the upper house of the Parliament of Ireland that existed from medieval times until the end of 1800. It was also the final court of appeal of the Kingdom of Ireland. It was modelled on the House of Lords of Englan ...
. Catholic resentment was a factor in starting the
Irish Rebellion of 1641 The Irish Rebellion of 1641 was an uprising in Kingdom of Ireland, Ireland, initiated on 23 October 1641 by Catholic gentry and military officers. Their demands included an end to anti-Catholic discrimination, greater Irish self-governance, and ...
and the establishment of
Confederate Ireland Confederate Ireland, also referred to as the Irish Catholic Confederation, was a period of Irish Catholic Church, Catholic self-government between 1642 and 1652, during the Irish Confederate Wars, Eleven Years' War. Formed by Catholic aristoc ...
from 1642 with Papal support, that was eventually put down in the
Cromwellian conquest of Ireland The Cromwellian conquest of Ireland (1649–1653) was the re-conquest of Ireland by the Commonwealth of England, initially led by Oliver Cromwell. It forms part of the 1641 to 1652 Irish Confederate Wars, and wider 1639 to 1653 Wars of the Three ...
in 1649–53. The Act of Settlement 1652 barred Catholics from membership of Parliament and the major landholders had most of their lands confiscated under the Adventurers' Act 1640. They were also banned from living in towns for a short period. Catholic clergy were expelled from the country and were liable to instant execution when found. Many recusants had to worship in secret at gathering places (such as Mass rocks) in the countryside. In 1666 forty nine Catholics from hiding places in the woods in
county Roscommon County Roscommon () is a Counties of Ireland, county in Republic of Ireland, Ireland. It is part of the province of Connacht and the Northern and Western Region. It is the List of Irish counties by area, 11th largest Irish county by area and Li ...
signed a letter in support of the Pope and protesting the loss of their 'due liberties'. Seventeen Catholic martyrs from this period were beatified in 1992.


1660–1693

Much of this legislation was rescinded after the Restoration in Ireland by Charles II (1660–1685), under the
Declaration of Breda The Declaration of Breda (dated 4 April 1660) was a proclamation by Charles II of England in which he promised a general pardon for crimes committed during the English Civil War and the Interregnum for all those who recognised Charles as the la ...
in 1660, in terms of worship and property-owning, but also the first
Test Act The Test Acts were a series of penal laws originating in Restoration England, passed by the Parliament of England, that served as a religious test for public office and imposed various civil disabilities on Catholics and nonconformist Prote ...
became law from 1673.
Louis XIV LouisXIV (Louis-Dieudonné; 5 September 16381 September 1715), also known as Louis the Great () or the Sun King (), was King of France from 1643 until his death in 1715. His verified reign of 72 years and 110 days is the List of longest-reign ...
of France increased Protestant paranoia in Europe when he expelled the Huguenots from France in 1685, and took his policy from the hard-line Bishop Bossuet. Following the flight from England to Ireland by James II caused by the English
Glorious Revolution The Glorious Revolution, also known as the Revolution of 1688, was the deposition of James II and VII, James II and VII in November 1688. He was replaced by his daughter Mary II, Mary II and her Dutch husband, William III of Orange ...
in 1688, the decisions of the Catholic-majority
Patriot Parliament Patriot Parliament is the name commonly used for the Irish Parliament session called by King James II during the Williamite War in Ireland which lasted from 1688 to 1691. The first since 1666, it held only one session, which lasted from 7 May ...
of 1688–9 in Dublin included a complete repeal of the 1660s land settlements. These were reversed after the largely Roman Catholic Jacobites that sided with King James then lost the
Williamite war in Ireland The Williamite War in Ireland took place from March 1689 to October 1691. Fought between Jacobitism, Jacobite supporters of James II of England, James II and those of his successor, William III of England, William III, it resulted in a Williamit ...
in 1689–91. His opponents William III and
Mary II Mary II (30 April 1662 – 28 December 1694) was List of English monarchs, Queen of England, List of Scottish monarchs, Scotland, and Monarchy of Ireland, Ireland with her husband, King William III and II, from 1689 until her death in 1694. Sh ...
were grandchildren of King Charles I, and so the war ultimately decided whether Catholic or Protestant Stuarts would reign. The war ended with the Treaty of Limerick agreed by Sarsfield and Ginkel in October 1691. This provided in article 1 that:
The Roman Catholics of this kingdom shall enjoy such privileges in the exercise of their religion as are consistent with the laws of Ireland, or as they did enjoy in the reign of king Charles the second: and their majesties, as soon as their affairs will permit them to summon a parliament in this kingdom, will endeavour to procure the said Roman Catholics such farther security in that particular, as may preserve them from any disturbance upon the account of their said religion.Treaty of Limerick
1691
The quid pro quo to attain these privileges involved swearing an oath of loyalty to William and Mary. Many Catholics found this oath repugnant when the Papacy started to support the Jacobites in 1693. A small number of Catholic landlords had sworn this loyalty oath in 1691–3 and their families remained protected. Previous Jacobite garrison surrenders, particularly the agreement at
Galway Galway ( ; , ) is a City status in Ireland, city in (and the county town of) County Galway. It lies on the River Corrib between Lough Corrib and Galway Bay. It is the most populous settlement in the province of Connacht, the List of settleme ...
earlier in 1691, specifically provided that the Catholic gentry of counties Galway and Mayo were protected from the property restrictions, though they would be excluded from direct involvement in politics. Articles 2 and 9 required that: At the European level, this war was a part of the
War of the Grand Alliance The Nine Years' War was a European great power conflict from 1688 to 1697 between Kingdom of France, France and the Grand Alliance (League of Augsburg), Grand Alliance. Although largely concentrated in Europe, fighting spread to colonial poss ...
, in which the
Holy See The Holy See (, ; ), also called the See of Rome, the Petrine See or the Apostolic See, is the central governing body of the Catholic Church and Vatican City. It encompasses the office of the pope as the Bishops in the Catholic Church, bishop ...
supported William III's alliance against France, and on the news of the
Battle of the Boyne The Battle of the Boyne ( ) took place in 1690 between the forces of the deposed King James II, and those of King William III who, with his wife Queen Mary II (his cousin and James's daughter), had acceded to the Crowns of England and Sc ...
a
Te Deum The ( or , ; from its incipit, ) is a Latin Christian hymn traditionally ascribed to a date before AD 500, but perhaps with antecedents that place it much earlier. It is central to the Ambrosian hymnal, which spread throughout the Latin ...
was sung in thanksgiving at the Vatican. But from 1693 the Papacy changed its policy and supported James against William, and William's policy also moved from a degree of toleration for Catholics to greater hostility. By then, King James was based in France at Saint Germain, and was supported politically and financially by Louis XIV, the long-standing enemy of William and Mary. Religion eventually became an issue in defining a notable family's loyalty to the crown.


Ascendancy rule 1691–1778

With the defeat of Catholic attempts to regain power and lands in Ireland, a ruling class which became known later as the
Protestant Ascendancy The Protestant Ascendancy (also known as the Ascendancy) was the sociopolitical and economical domination of Ireland between the 17th and early 20th centuries by a small Anglicanism, Anglican ruling class, whose members consisted of landowners, ...
sought to ensure dominance with the passing of a number of laws to restrict the religious, political and economic activities of Catholics and Protestant Dissenters. Harsher laws were introduced for political reasons during the long
War of the Spanish Succession The War of the Spanish Succession was a European great power conflict fought between 1701 and 1714. The immediate cause was the death of the childless Charles II of Spain in November 1700, which led to a struggle for control of the Spanish E ...
that ended in 1714. James Stuart, the son of James II, the " Old Pretender", was recognised by the
Holy See The Holy See (, ; ), also called the See of Rome, the Petrine See or the Apostolic See, is the central governing body of the Catholic Church and Vatican City. It encompasses the office of the pope as the Bishops in the Catholic Church, bishop ...
as the legitimate King of Great Britain and Ireland until his death in 1766, and Catholics were obliged to support him. He also approved the appointments of all the Irish Catholic hierarchy, who were drawn from his most fervent supporters. These aspects provided the political basis for the new laws passed for several decades after 1695. Interdicts faced by Catholics and Dissenters under the penal laws were: * Exclusion of Catholics from most public offices (since 1607), Presbyterians were also barred from public office from 1707. * Ban on the Irish Language being used in court, 1737. * Ban on intermarriage with Protestants; repealed 1778 * Presbyterian marriages were not legally recognised by the state * Catholics barred from holding firearms or serving in the armed forces, rescinded by Militia Act 1793. *
Oath of Supremacy The Oath of Supremacy required any person taking public or church office in the Kingdom of England, or in its subordinate Kingdom of Ireland, to swear allegiance to the monarch as Supreme Governor of the Church. Failure to do so was to be trea ...
required for membership of the
Parliament of Ireland The Parliament of Ireland () was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until the end of 1800. It was modelled on the Parliament of England and from 1537 comprised two chambers: the Irish Hou ...
from 1652; rescinded 1662–1691; renewed 1691–1829; also applying to the successive parliaments of
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
,
Great Britain Great Britain is an island in the North Atlantic Ocean off the north-west coast of continental Europe, consisting of the countries England, Scotland, and Wales. With an area of , it is the largest of the British Isles, the List of European ...
, and the
United Kingdom of Great Britain and Ireland The United Kingdom of Great Britain and Ireland was the union of the Kingdom of Great Britain and the Kingdom of Ireland into one sovereign state, established by the Acts of Union 1800, Acts of Union in 1801. It continued in this form until ...
until the
Roman Catholic Relief Act 1829 The Roman Catholic Relief Act 1829 ( 10 Geo. 4. c. 7), also known as the Catholic Emancipation Act 1829, was an act of the Parliament of the United Kingdom that removed the sacramental tests that barred Roman Catholics in the United Kingdom f ...
. * Disenfranchising Act 1728, exclusion from the parliamentary franchise until the Relief Act 1793; * Exclusion from the legal professions and the judiciary; repealed (respectively) 1793 and 1829. * Education Act 1695 – ban on foreign education; repealed 1782. * Bar to Catholics and Protestant Dissenters entering
Trinity College Dublin Trinity College Dublin (), officially titled The College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, and legally incorporated as Trinity College, the University of Dublin (TCD), is the sole constituent college of the Unive ...
; repealed 1793. * On a death by a Catholic, his legatee could benefit by conversion to the
Church of Ireland The Church of Ireland (, ; , ) is a Christian church in Ireland, and an autonomy, autonomous province of the Anglican Communion. It is organised on an all-Ireland basis and is the Christianity in Ireland, second-largest Christian church on the ...
; * Popery Act – Catholic inheritances of land were to be equally subdivided between all an owner's sons with the exception that if the eldest son and heir converted to Protestantism that he would become the one and only tenant of estate and portions for other children not to exceed one third of the estate. This "
Gavelkind Gavelkind () was a system of land tenure chiefly associated with the Celtic law in Ireland and Wales and with the legal traditions of the English county of Kent. The word may have originated from the Old Irish phrases ''Gabhaltas-cinne'' or '' ...
" system had previously been abolished by 1600. * Ban on converting from Protestantism to Roman Catholicism on pain of
Praemunire In English history, or ( or ) was the assertion or maintenance of papal jurisdiction, or any other foreign jurisdiction or claim of supremacy in England, against the supremacy of the monarch. The 14th-century law prohibiting this was enforced ...
: forfeiting all property estates and legacy to the monarch of the time and remaining in prison at the monarch's pleasure. In addition, forfeiting the monarch's protection. No injury however atrocious could have any action brought against it or any reparation for such. * Ban on Catholics buying land under a lease of more than 31 years; repealed 1778. * Ban on custody of orphans being granted to Catholics on pain of a £500 fine that was to be donated to the Blue Coat hospital in Dublin. * Ban on Catholics inheriting Protestant land. * Prohibition on Catholics owning a horse valued at over £5 (to keep horses suitable for military activity out of the majority's hands). * Roman Catholic lay priests had to register to preach under the Registration Act 1704, but seminary priests and Bishops were not able to do so until 1778. * When allowed, new Catholic churches were to be built from wood, not stone, and away from main roads. * 'No person of the popish religion shall publicly or in private houses teach school, or instruct youth in learning within this realm' upon pain of a £20 fine and three months in prison for every such offence. Repealed in 1782. *Any and all rewards not paid by the crown for alerting authorities of offences to be levied upon the Catholic populace within parish and county. Historians disagree on how rigorously these laws were enforced. The consensus view is that enforcement depended on the attitudes of local magistrates bringing or hearing particular cases; some of whom were rigorous, others more liberal. As a continuing reminder of their defeat in the Williamite War, the Whig historian Lord Macaulay suggested that the Penal-Law regime helps account for the failure of Irish Roman Catholics to heed the Jacobite call when the Scottish army of the
Young Pretender Charles Edward Louis John Sylvester Maria Casimir Stuart (31 December 1720 – 30 January 1788) was the elder son of James Francis Edward Stuart, making him the grandson of James VII and II, and the Stuart claimant to the thrones of England, ...
marched on London in 1745. Their submission was the effect of "the habit of daily enduring insult and oppression" and of a "brokenness of heart". The systematic discrimination and exclusion from favour kept their "natural chiefs" abroad.
There were indeed Irish Roman Catholics of great ability, energy and ambition; but they were to be found every where except in Ireland, at
Versailles The Palace of Versailles ( ; ) is a former royal residence commissioned by King Louis XIV located in Versailles, Yvelines, Versailles, about west of Paris, in the Yvelines, Yvelines Department of Île-de-France, Île-de-France region in Franc ...
and at Saint Ilfonso, in the armies of Frederic and
Maria Theresa Maria Theresa (Maria Theresia Walburga Amalia Christina; 13 May 1717 – 29 November 1780) was the ruler of the Habsburg monarchy from 1740 until her death in 1780, and the only woman to hold the position suo jure, in her own right. She was the ...
,. One in exile became a
Marshal of France Marshal of France (, plural ') is a French military distinction, rather than a military rank, that is awarded to General officer, generals for exceptional achievements. The title has been awarded since 1185, though briefly abolished (1793–1804) ...
. Another became Prime Minister of Spain. If he had staid icin his native land, he would have been regarded as inferior by all the ignorant and worthless
squire In the Middle Ages, a squire was the shield- or armour-bearer of a knight. Boys served a knight as an attendant, doing simple but important tasks such as saddling a horse or caring for the knight's weapons and armour. Terminology ''Squire'' ...
ens who had signed the Declaration against
Transubstantiation Transubstantiation (; Greek language, Greek: μετουσίωσις ''metousiosis'') is, according to the teaching of the Catholic Church, "the change of the whole substance of sacramental bread, bread into the substance of the Body of Christ and ...
.


Catholic relief 1771–1800

From 1758, before the death of the Old Pretender, who styled himself James III, ad-hoc groups of the remaining Catholic nobility and merchants worked towards repeal of the penal laws and an accommodation within the Hanoverian system. These were based locally on county lines. An earlier attempt in 1727 had met with strong opposition from the Jacobite movement, which resisted any negotiations with the Hanoverians, being usurpers. By 1760 eminent Catholics such as Lord Trimlestown, Lord Kenmare and Charles O'Conor of Belanagare persuaded the more liberal Protestants that they presented no political threat, and that reforms must follow. Events abroad in the 1760s, such as the outcome of the
Seven Years' War The Seven Years' War, 1756 to 1763, was a Great Power conflict fought primarily in Europe, with significant subsidiary campaigns in North America and South Asia. The protagonists were Kingdom of Great Britain, Great Britain and Kingdom of Prus ...
, the death of the Old Pretender (1766), the emerging "
Age of Enlightenment The Age of Enlightenment (also the Age of Reason and the Enlightenment) was a Europe, European Intellect, intellectual and Philosophy, philosophical movement active from the late 17th to early 19th century. Chiefly valuing knowledge gained th ...
", and the
Suppression of the Society of Jesus The suppression of the Society of Jesus was the removal of all members of the Jesuits from most of Western Europe and their respective colonies beginning in 1759 along with the abolition of the order by the Holy See in 1773; the papacy acceded ...
by Europe's Catholic monarchs, all seemed to confirm their position. On the death of the Old Pretender in January 1766, the
Holy See The Holy See (, ; ), also called the See of Rome, the Petrine See or the Apostolic See, is the central governing body of the Catholic Church and Vatican City. It encompasses the office of the pope as the Bishops in the Catholic Church, bishop ...
recognised the Hanoverian dynasty as legitimate, and so the main political basis for the laws was removed and the slow process of Catholic emancipation began, with the repeal of some of the penal laws by the Catholic Relief Acts of 1771, 1778 and 1793. However, the long drawn-out pace of reform ensured that the question of religious discrimination dominated Irish life and was a constant source of division. Visitors from abroad such as Arthur Young in the late 1770s also deplored the penal laws as being contrary to the spirit of the
Age of Enlightenment The Age of Enlightenment (also the Age of Reason and the Enlightenment) was a Europe, European Intellect, intellectual and Philosophy, philosophical movement active from the late 17th to early 19th century. Chiefly valuing knowledge gained th ...
, and illogical as they were unenforced. In his ''Tour in Ireland'' (1780), that was sponsored by many landlords, Young mentioned the laws twice: :.. the cruel laws against the Roman Catholics of this country, remain the marks of illiberal barbarism. Why should not the industrious man have a spur to his industry, whatever be his religion..? Talking with Chief Baron Foster, Young commented: :In conversation on the Popery laws, I expressed my surprise at their severity; he said they were severe in the letter, but never executed. .. His Lordship did justice to the merits of the Roman Catholics, by observing that they were in general a very sober, honest and industrious people. This .. brought to my mind an admirable expression of Mr Burke's in the English House of Commons: Connivance is the relaxation of slavery, not the definition of Liberty.


The Catholic Committee and the Back Lane Parliament

In 1773, Kenmare convened a meeting of prominent Catholics in Dublin, representatives of the surviving Catholic gentry and senior bishops. While pleading for penal laws relief, their Catholic Committee foreswore any intention of overturning the Williamite Settlement. They also demonstrated their loyalty by helping to recruit the soldiers in Ireland to fight for
the Crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
in the American Colonies in the 1770s and, later, by supporting the authorities as they suppressed Whiteboy agrarian protest in the 1780s. Assisted by
Edmund Burke Edmund Burke (; 12 January ew Style, NS1729 – 9 July 1797) was an Anglo-Irish Politician, statesman, journalist, writer, literary critic, philosopher, and parliamentary orator who is regarded as the founder of the Social philosophy, soc ...
, who in 1764 had drafted a critical commentary on the penal laws that was widely circulated at Westminster, the pro-government policy appeared to pay dividends. The Irish act of Parliament of 1774 allowed any subject of George III "of whatever persuasion to testify their allegiance to him", and the Catholic Relief Act 1778 allowed Catholics, on taking a modified oath that abjured the temporal, but not the spiritual, authority of the Pope, to purchase land and join the army. A further measure followed in 1782: the Irish Parliament, acknowledging the tolerated practice of the Catholic faith, repealed the laws that compelled Catholic bishops to quit the kingdom, and binding those who had assisted at Mass to identify the celebrant. In addition, Catholics might now own a horse worth £5, and, with the consent of their local Protestant bishop, open their own schools. In February 1791 elections to the Committee from the counties and from the five Dublin parishes brought a dramatic change in its composition. The gentry and bishops were now outnumbered by representatives of those Burke described as the "new race of Catholics": the emergent Catholic mercantile and professional middle class. Stirred by news of revolution and reform in France and dissatisfied with the lack of progress since 1782, they demanded an immediate repeal of the remaining penal laws. This caused a split in the Committee with Kenmare leading a withdrawal of the more cautious gentry and bishops. Under the chairmanship of the Dublin merchant, John Keogh, the Committee signalled a new departure by dismissing
Edmund Burke Edmund Burke (; 12 January ew Style, NS1729 – 9 July 1797) was an Anglo-Irish Politician, statesman, journalist, writer, literary critic, philosopher, and parliamentary orator who is regarded as the founder of the Social philosophy, soc ...
's son, Richard Burke, as assistant secretary and replacing him with
Theobald Wolfe Tone Theobald Wolfe Tone, posthumously known as Wolfe Tone (; 20 June 176319 November 1798), was a revolutionary exponent of Irish independence and is an iconic figure in Irish republicanism. Convinced that, so long as his fellow Protestants fear ...
, another Protestant but a known democrat. In Dublin Tone was a leading member of the
Society of United Irishmen The Society of United Irishmen was a sworn association, formed in the wake of the French Revolution, to secure Representative democracy, representative government in Ireland. Despairing of constitutional reform, and in defiance both of British ...
first formed in October 1791 by his Presbyterian Church in Ireland, Presbyterian ("Dissenter") friends in Belfast, in the midst of the town's enthusiasm for the French Declaration of the Rights of Man and of the Citizen, Declaration of the Rights of Man and its defence by Thomas Paine.Milligan, Alice L, ''Life of Theobald Wolfe Tone'', JW Boyd, Belfast, 1898
/ref> In the 1792 Irish Parliamentary session, further petitions in favour of a Catholic relief bill, introduced at London's behest to secure Catholic loyalty in the impending confrontation with the new French First Republic, French Republic, were met with contempt. In response the Committee organised a country-wide election, open all male communicants in each parish, to a national convention. The Committee's insistence that it did not intend to "disturb" or "weaken" the establishment in Ireland of the Protestant religion or the security of the Protestant crown,Keogh, Daire. (1993), "Archbishop Troy, the Catholic Church and Irish Radicalism, 1791-3", in D. Dickson, D. Keogh and K. Whelan eds., ''The United Irishmen: Republicanism, Radicalism and Rebellion,'' Dublin: Lilliput Press, , (pp. 124–134) p. 129. did not reassure the authorities, who saw the hand of the United Irishmen. The Lord Lieutenant of Ireland, Viceroy, John Fane, 10th Earl of Westmorland, Lord Westmorland, called on London for additional troops. Moved by parallels with the election to the National Constituent Assembly (France), National Constituent Assembly in France, the democratic exercise also caused alarm in the Catholic hierarchy. At the opening the Convention, assembled in the Tailor's Hall in Back Lane, Dublin, in December 1792, Keogh was careful to place two prelates seated on either side of the chairmen. But the petition, as finally approved and signed by the delegates, was presented to the bishops as a ''fait accompli'', with no implication that their sanction was sought or obtained.Keogh, Daire. (1993), "Archbishop Troy, the Catholic Church and Irish Radicalism, 1791-3", in D. Dickson, D. Keogh and K. Whelan eds., ''The United Irishmen: Republicanism, Radicalism and Rebellion,'' Dublin: Lilliput Press, , (pp. 124–134) p. 131.


1793 Catholic Relief Act

Appealing over the heads of the Dublin Parliament and Castle administration, in January 1793 this petition was presented to the King, George III, who, persuaded by his ministers, gave audience to a delegation that included both Keogh and Tone. In April, at London's direction Dublin Castle put its weight behind Henry Grattan in the passage of the Catholic Relief Act. Catholics were admitted to the parliamentary franchise on the same limited and idiosyncratic terms as Protestants. They could take degrees on Trinity College, be called as barristers and serve as army officers and, under the terms of the accompanying Militia (Great Britain)#Irish militia, Militia Act, most controversially of all, could carry arms. However, these concessions were "permissive rather than obligatory and a newly awakened Protestant Ascendancy chose as often as not to withhold them". Moreover the retention of the
Oath of Supremacy The Oath of Supremacy required any person taking public or church office in the Kingdom of England, or in its subordinate Kingdom of Ireland, to swear allegiance to the monarch as Supreme Governor of the Church. Failure to do so was to be trea ...
which continued to bar Catholics from parliament, from the judicial bench and from the higher offices of state, when all else was conceded, seemed petty, and was "interpreted by the newly politicised Catholic populace as final proof that the existing government was their natural enemy" France declared war on Britain and Ireland in February 1793, and while the British government could rely on the revulsion within Catholic hierarchy against the aggressive Clericalism, anti-clericalism of the French First Republic, French Republic, it saw no need to hazard further reform. In February 1795, hopes that the Oath of Supremacy might be amended were dashed when, having declared in favour of admitting Catholics to Parliament, William Fitzwilliam, 4th Earl Fitzwilliam, Earl William Fitzwilliam was recalled as Lord Lieutenant of Ireland, Viceroy after just 6 months in post. Some former Committee members and convention delegates were content to focus their efforts elsewhere: in June 1795 they helped secure government the establishment of St Patrick's College, Maynooth, St. Patrick's seminary in Maynooth. Others, despite the threat of excommunication by their bishops, leaned toward the United Irishmen who, despairing of representative parliamentary reform, now moved to draw the agrarian Defenders (Ireland), Catholic Defenders with them toward a French-assisted republican insurrection.


1798 rebellion and the 1800 Act of Union

In calling people to arms, the United Irishmen promised complete civil and religious equality, and with this the abolition of the hated system whereby the "landlords' church" (the established
Church of Ireland The Church of Ireland (, ; , ) is a Christian church in Ireland, and an autonomy, autonomous province of the Anglican Communion. It is organised on an all-Ireland basis and is the Christianity in Ireland, second-largest Christian church on the ...
) assessed tithes atop the Rack-rent, rack rents of Catholics and Nonconformist (Protestantism), Dissenters. Following the suppression of the Irish Rebellion of 1798, rebellion in the summer of 1798, British Prime Minister of Great Britain, Prime Minister William Pitt the Younger, William Pitt and his Chief Secretary for Ireland, Robert Stewart, Viscount Castlereagh, Robert Stewart (Lord Castlereagh) moved to incorporate Ireland in a united kingdom with
Great Britain Great Britain is an island in the North Atlantic Ocean off the north-west coast of continental Europe, consisting of the countries England, Scotland, and Wales. With an area of , it is the largest of the British Isles, the List of European ...
. They believed that reduced to minority within a united kingdom, the Catholics could be safely relieved of their remaining disabilities and the country pacified. But they were unable overcome opposition in England, including that of the King, King George III, George III. Provision for Catholic emancipation was dropped from the Acts of Union 1800, Act of Union that Stewart pushed through a resisting Dublin parliament. A separate Irish executive in Dublin was retained, but representation, still wholly Protestant, was transferred to Westminster constituted as the Parliament of the United Kingdom of Great Britain and Ireland. It took the Union thirty years to deliver on the promise of completing Catholic emancipation—to admit Catholics to Parliament—and permit an erosion of the Protestant monopoly on position and influence. An opportunity to integrate Catholics through their re-emerging propertied and professional classes as a minority within the United Kingdom may have passed.


Final emancipation 1808-1829


Daniel O'Connell and the Catholic Association

In 1808 "friends of emancipation", Henry Grattan among them, proposed that fears of Popery might be allayed if the Crown were accorded the same right exercised by continental monarchs, a Royal veto of the appointment of bishops, veto on the confirmation of Catholic bishops. Yet even when, in 1814, the Roman Curia, Curia itself (then in a silent alliance with Britain against Napoleon) proposed that bishops be "personally acceptable to the king", the emergent leader of the popular campaign for emancipation in Ireland, Daniel O'Connell, was unyielding in his opposition. Refusing any instruction from Rome as to "the manner of their emancipation", O'Connell declared that Irish Catholics should be content to "remain for ever without emancipation" rather than allow the king and his ministers "to interfere" with the Pope's appointment of their senior clergy. For O'Connell any compromising of the independence of the Catholic clergy was potentially fatal to a strategy of campaign, organised from 1823 in the Catholic Association, that relied on the local priest—in most districts of the country, the sole figure, with standing independent of the Protestant landlords and magistrates—to secure the confidence of the people. Typically, it was local priest collected the "Catholic rent" of a penny a month, a rate that opened the Association to the poorest tenants. This enabled O'Connell to mount "monster" rallies (crowds of over 100,000) that stayed the hands of authorities, and emboldened larger enfranchised tenants (the forty-shilling freeholders) to vote for pro-Emancipation candidates in defiance of their landlords.


1829 Catholic Relief Act

In 1828, O'Connell defeated a member of the British cabinet in a parliamentary 1828 Clare by-election, by-election in Clare (UK Parliament constituency), County Clare. His triumph, as the first Catholic to be returned in a parliamentary election since 1688, made a clear issue of the
Oath of Supremacy The Oath of Supremacy required any person taking public or church office in the Kingdom of England, or in its subordinate Kingdom of Ireland, to swear allegiance to the monarch as Supreme Governor of the Church. Failure to do so was to be trea ...
—the requirement that MPs acknowledge the King as "Supreme Governor" of the Church and thus forswear the Roman communion. Fearful of the widespread disturbances that might follow from continuing to insist on the letter of the oath, the government finally relented. With the Prime Minister, the Arthur Wellesley, 1st Duke of Wellington, Duke of Wellington, invoking the spectre of civil war, the Roman Catholic Relief Act 1829, Catholic Relief Act became law in 1829. Entry to parliament did not come without a price. Bringing the Irish franchise into line with England's, the 1829 Act raised the property threshold for voting in county seats five-fold to ten pounds, disenfranchising the "forty-shilling freeholders" who had risked much in defying their landlords on O'Connell's behalf. The measure reduced the Catholic electorate in Ireland from 216,000 voters to just 37,000. Perhaps trying to rationalise the sacrifice of his freeholders, O'Connell wrote privately in March 1829 that the new ten-pound franchise might actually "give more power to Catholics by concentrating it in more reliable and less democratically dangerous hands". The Young Irelander John Mitchel believed that this was the intent: to detach propertied Catholics from the increasingly agitated rural masses.John Mitchel, ''Jail Journal, or five years in British Prisons'', M. H. Gill & Son, Ltd., 1914, pp. xxxiv–xxxvi In a pattern that had been intensifying from the 1820s as landlords cleared land to meet the growing livestock demand from England, tenants had been banding together to oppose evictions, and to attack tithe and process servers. Alexis de Tocqueville, Alexis De Tocqueville, in his visit to Ireland in 1835, recorded these Whiteboys and Ribbonism, Ribbonmen protesting:
The law does nothing for us. We must save ourselves. We have a little land which we need for ourselves and our families to live on, and they drive us out of it. To whom should we address ourselves?... Emancipation has done nothing for us. Mr. O'Connell and the rich Catholics go to Parliament. We die of starvation just the same.
"Emancipation" did not bring the promised relief from Church of Ireland tithes. Fearful of embarrassing his Whig allies (who in government had brutally suppressed Swing Riots, tithe and poor law protests in England), in 1838 O'Connell rejected the call of the Protestant tenant-righter William Sharman Crawford for the complete elimination of the Anglicanism, Anglican levy. In its stead, he accepted the Tithe Commutation Act, which offered some reductions and debt forgiveness while incorporating the charge in the rents landlords remained free to set at will. The obligation remained until the disestablishment by the Irish Church Act 1869.


Government of Ireland Act 1920

Section 5(2) of the
Government of Ireland Act 1920 The Government of Ireland Act 1920 ( 10 & 11 Geo. 5. c. 67) was an act of the Parliament of the United Kingdom. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bi ...
stated: :Any existing enactment by which any penalty, disadvantage, or disability is imposed on account of religious belief or on a member of any religious order as such shall ... cease to have effect in Ireland. This did not affect the Act of Settlement 1701, which prohibited those married to Catholics from succeeding to the throne; these were later repealed by the Succession to the Crown Act 2013 (between 1920 and 2013 there was no Catholic heir to the throne). As a result of Sections 5(2) and 37(1) of the 1920 Act, Catholics once again became eligible to occupy the office of Lord Lieutenant of Ireland, the British monarch's representative in Ireland. Within months of the enactment of this legislation, Edmund FitzAlan-Howard, 1st Viscount FitzAlan of Derwent, Viscount FitzAlan of Derwent became in April 1921 the first Catholic Lord Lieutenant of Ireland since the penal laws forbade such appointments in 1685. Because of the establishment of the Irish Free State in 1922 and the altered constitutional relationship between Ireland and the United Kingdom, FitzAlan was also the last Lord Lieutenant of Ireland.


Northern Ireland 2025

In February 2025, the Northern Ireland Office announced that the Secretary of State, Hilary Benn had signed a commencement order to repeal the 1737 act which made the use of the Irish language in court a criminal offence. Irish language to be used in NI courts with repeal of 18th Century law - BBC report 25 Feb 202

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Notes


Citations


Bibliography

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External links

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Laws in Ireland for the suppression of Popery

Bills 1692–1800 with subject "Popery"
Irish Legislation Database {{Ireland topics Penal Laws in Ireland, History of Christianity in Ireland History of Christianity in the United Kingdom Christianity and law in the 17th century Anti-Catholicism in Ireland Legal history of Ireland Social history of Ireland Religion in the British Empire