Penal Law - Clarendon Code

Clarendon Code

While some of the Penal Laws were much older, they took their most drastic shape during the reign of Charles II, especially the laws known as the Clarendon Code and the Test Act.

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. 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. This legislation was rescinded in 1828.
  • the Act of Uniformity (1662) made use of the Book of Common Prayer compulsory in religious service. Over two thousand clergy refused to comply and so were forced to resign their livings (the Great Ejection). The provisions of the act were modified by 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 Most of the Act's effects were repealed by 1689, but it was not formally abolished until 1812.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 Test Act, the Corporation Act excluded all nonconformists from holding civil or military office, and prevented them from being awarded degrees by the Universities of Cambridge and Oxford.

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