Penal Laws (Ireland) - Stuart and Cromwellian Rule

Stuart and Cromwellian Rule

The Penal Laws were, according to Edmund Burke “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.”

Initially, the dual monarchs of England and Ireland were cautious about applying the Penal Laws to Ireland because they needed the support of the Catholic upper classes to put down the Gaelic Irish rebellion in the Nine Years War (1594–1603). In addition, a significant section of the Catholic aristocracy was Old English who had traditionally been loyal to English rule in Ireland. However, the ascent of James VI of Scotland 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' 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 seeking Catholic help in Europe for a further revolt set the scene for a wholesale Plantation of Ulster by the Scots and English.

From 1607, Catholics were barred from holding public office or serving in the army. This meant that the Irish Privy Council and the Lords Justice who, along with the Lord Deputy of Ireland, constituted the government of the country, would in future be Anglicans. In 1613, the constituencies of the Irish House of Commons 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. 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 was Catholic) was voted by Irish Catholic landlords on the understanding the laws would be reformed, but once the tax was voted Charles' viceroy refused two of the 51 Graces, and subsequent bills were blocked by the Catholic majority in the Irish House of Lords.

Catholic resentment was a factor in starting the Irish Rebellion of 1641 and the establishment of Confederate Ireland from 1642 with Papal support, that was eventually put down in the Cromwellian conquest of Ireland in 1649–53. After the Act of Settlement in 1652, Catholics were barred from membership in the Irish Parliament, and the major landholders had most of their lands confiscated under the Adventurers Act. They were 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. Seventeen Catholic martyrs from this period were beatified in 1992.