Penal Laws (Ireland)
Encyclopedia
The term Penal Laws in Ireland were a series of laws imposed under English
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...

 and later British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 rule that sought to discriminate against Roman Catholics
Roman Catholicism in Ireland
The Catholic Church in Ireland is part of the worldwide Catholic Church, the Christian Church with full communion with the Pope, currently Benedict XVI...

 and Protestant
Protestantism in Ireland
Protestantism in Ireland- 20th Century decline and other developments:In 1991, the population of the Republic of Ireland was approximately 3% Protestant, but the figure was over 10% in 1891, indicating a fall of 70% in the relative Protestant population over the past century.The effect of...

 dissenters (such as Presbyterians
Presbyterianism
Presbyterianism refers to a number of Christian churches adhering to the Calvinist theological tradition within Protestantism, which are organized according to a characteristic Presbyterian polity. Presbyterian theology typically emphasizes the sovereignty of God, the authority of the Scriptures,...

) in favour of members of the established Church of Ireland
Church of Ireland
The Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...

.

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, English monarchs were cautious about applying the Penal Laws to Ireland because they needed the support of the Roman Catholic upper classes to put down the Gaelic Irish
Gaels
The Gaels or Goidels are speakers of one of the Goidelic Celtic languages: Irish, Scottish Gaelic, and Manx. Goidelic speech originated in Ireland and subsequently spread to western and northern Scotland and the Isle of Man....

 rebellion in the Nine Years War (1594–1603). In addition, a significant section of the Roman Catholic aristocracy was Old English
Old English (Ireland)
The Old English were the descendants of the settlers who came to Ireland from Wales, Normandy, and England after the Norman invasion of Ireland in 1169–71. Many of the Old English became assimilated into Irish society over the centuries...

 who had traditionally been loyal to English rule in Ireland. However, the ascent of James I
James I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...

 to the English and Irish thrones in 1603 and eventual victory in the Nine Years War saw a series of laws put into force. In 1605 the 'Gunpowder Plot
Gunpowder Plot
The Gunpowder Plot of 1605, in earlier centuries often called the Gunpowder Treason Plot or the Jesuit Treason, was a failed assassination attempt against King James I of England and VI of Scotland by a group of provincial English Catholics led by Robert Catesby.The plan was to blow up the House of...

' was planned by a tiny group of English Catholics, as they considered James I to be a heretic also, and this provided a further justification for laws restricting all Catholics in Ireland, Scotland and England. In 1607 the Flight of the Earls
Flight of the Earls
The Flight of the Earls took place on 14 September 1607, when Hugh Ó Neill of Tír Eóghain, Rory Ó Donnell of Tír Chonaill and about ninety followers left Ireland for mainland Europe.-Background to the exile:...

 seeking Catholic help in Europe for a revolt led to the wholesale Plantation of Ulster
Plantation of Ulster
The Plantation of Ulster was the organised colonisation of Ulster—a province of Ireland—by people from Great Britain. Private plantation by wealthy landowners began in 1606, while official plantation controlled by King James I of England and VI of Scotland began in 1609...

.

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
Lord Deputy of Ireland
The Lord Deputy was the King's representative and head of the Irish executive under English rule, during the Lordship of Ireland and later the Kingdom of Ireland...

 constituted the government of the country, would in future be Anglicans. In 1613, the constituencies of the Irish House of Commons
Irish House of Commons
The Irish House of Commons was the lower house of the Parliament of Ireland, that existed from 1297 until 1800. The upper house was the House of Lords...

 were altered to give plantation settlers a majority. In addition, Roman Catholics had to pay 'recusant fines' for non-attendance at Anglican services. Roman Catholic churches were transferred to the Anglican Church of Ireland
Church of Ireland
The Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...

. Roman Catholic services, however, were generally tacitly tolerated as long as they were conducted in private. Roman Catholic priests were also tolerated, but bishops (who, since Catholic education was not permitted were usually trained in mainland Europe) were forced to operate clandestinely. In 1634 the issue of the "Graces"
The Graces (Ireland)
The Graces were a proposed series of reforms sought by Roman Catholics in Ireland in 1628-1634.-Background:From 1570 to 1625 most people in the Kingdom of Ireland had remained Roman Catholic despite legislation that was increasingly excluding them from the political and official worlds...

 arose; generous taxation for Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...

 (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
Irish House of Lords
The Irish House of Lords was the upper house of the Parliament of Ireland that existed from mediaeval times until 1800. It was abolished along with the Irish House of Commons by the Act of Union.-Function:...

.

Catholic resentment was a factor in starting the Irish Rebellion of 1641
Irish Rebellion of 1641
The Irish Rebellion of 1641 began as an attempted coup d'état by Irish Catholic gentry, who tried to seize control of the English administration in Ireland to force concessions for the Catholics living under English rule...

 and the establishment of Confederate Ireland
Confederate Ireland
Confederate Ireland refers to the period of Irish self-government between the Rebellion of 1641 and the Cromwellian conquest of Ireland in 1649. During this time, two-thirds of Ireland was governed by the Irish Catholic Confederation, also known as the "Confederation of Kilkenny"...

 from 1642 with Papal support, that was eventually put down in the Cromwellian conquest of Ireland
Cromwellian conquest of Ireland
The Cromwellian conquest of Ireland refers to the conquest of Ireland by the forces of the English Parliament, led by Oliver Cromwell during the Wars of the Three Kingdoms. Cromwell landed in Ireland with his New Model Army on behalf of England's Rump Parliament in 1649...

 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
Adventurers Act
The Adventurers' Act is an Act of the Parliament of England, with the long title "An Act for the speedy and effectual reducing of the rebels in His Majesty's Kingdom of Ireland".-The main Act:...

. They were banned from living in towns for a short period. To the Cromwellians, all Catholics were, in turn, heretics. 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 rock
Mass rock
A Mass rock was a stone used in mid-seventeenth century Ireland as a location for Catholic worship. Isolated locations were sought to hold religious ceremony, as observing the Catholic mass was a matter of difficulty and danger at the time as a result of both Cromwell's campaign against the Irish,...

s) in the countryside. Seventeen Catholic martyrs from this period were beatified in 1992.

1660–1693

Much of this legislation was rescinded after the English Restoration
English Restoration
The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...

 by Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...

 (1660–1685), under the "Declaration of Breda
Declaration of Breda
The Declaration of Breda 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 lawful king; the retention by the current owners of property purchased during...

" in 1660, in terms of worship and property-owning, but also the first Test Act
Test Act
The Test Acts were a series of English penal laws that served as a religious test for public office and imposed various civil disabilities on Roman Catholics and Nonconformists...

 became law from 1673. Louis XIV of France increased Protestant paranoia in Europe when he expelled the Huguenots
Edict of Fontainebleau
The Edict of Fontainebleau was an edict issued by Louis XIV of France, also known as the Revocation of the Edict of Nantes. The Edict of Nantes of 1598, had granted the Huguenots the right to practice their religion without persecution from the state...

 from France in 1685. Following the flight from England to Ireland by James II
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...

 caused by the English "Glorious Revolution
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...

" in 1688, the decisions of the Catholic-majority Patriot Parliament
Patriot Parliament
The Patriot Parliament is the name given to the session of the Irish Parliament called by King James II of Ireland during the War of the Two Kings in 1689. The parliament met in one session, from 7 May 1689 to 20 July 1689, and was the only session of the Irish Parliament under King James II.The...

 of 1688–9 in Dublin included a complete repeal of the 1650s land settlements. These were reversed after the largely Roman Catholic Jacobites
Jacobitism
Jacobitism was the political movement in Britain dedicated to the restoration of the Stuart kings to the thrones of England, Scotland, later the Kingdom of Great Britain, and the Kingdom of Ireland...

that sided with King James then lost the Williamite war in Ireland
Williamite war in Ireland
The Williamite War in Ireland—also called the Jacobite War in Ireland, the Williamite-Jacobite War in Ireland and in Irish as Cogadh an Dá Rí —was a conflict between Catholic King James II and Protestant King William of Orange over who would be King of England, Scotland and Ireland...

 in 1689–91. His opponents William and Mary
William and Mary
The phrase William and Mary usually refers to the coregency over the Kingdoms of England, Scotland and Ireland, of King William III & II and Queen Mary II...

 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
Treaty of Limerick
The Treaty of Limerick ended the Williamite war in Ireland between the Jacobites and the supporters of William of Orange. It concluded the Siege of Limerick. The treaty really consisted of two treaties which were signed on 3 October 1691. Reputedly they were signed on the Treaty Stone, an...

 agreed by Sarsfield and Ginkel
Godert de Ginkell, 1st Earl of Athlone
Godert de Ginkell, 1st Earl of Athlone, or in his own country of the Netherlands born Baron Godard van Reede was a Dutch general in the service of England....

 in October 1691.http://www.ucc.ie/celt/published/E703001-010/index.html 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.


However, these privileges had to be earned by swearing an oath of loyalty to William and Mary, which most Catholics found repugnant from 1693 when the Papacy started supporting the Jacobites. A small number of Catholic landlords had sworn this loyalty oath in 1691–3 and their families remained protected, but most did not. Previous Jacobite garrison surrenders, particularly the agreement at Galway
Galway
Galway or City of Galway is a city in County Galway, Republic of Ireland. It is the sixth largest and the fastest-growing city in Ireland. It is also the third largest city within the Republic and the only city in the Province of Connacht. Located on the west coast of Ireland, it sits on the...

 earlier in 1691, specifically provided that the Catholic gentry of counties Galway and Mayo were protected from the property restrictions in the 18th century, though they would be excluded from direct involvement in politics.

Articles 2 and 9 required that:
2. .... provided also, that no person whatsoever shall have or enjoy the benefit of this article, that shall neglect or refuse to take the oath of allegiance, made by act of parliament in England, in the first year of the reign of their present majesties, when thereunto required.

9. The oath to be administered to such Roman Catholics as submit to their majesties' government, shall be the oath abovesaid and no other.


At the European level, this war was a part of the War of the Grand Alliance
War of the Grand Alliance
The Nine Years' War – often called the War of the Grand Alliance, the War of the Palatine Succession, or the War of the League of Augsburg – was a major war of the late 17th century fought between King Louis XIV of France, and a European-wide coalition, the Grand Alliance, led by the Anglo-Dutch...

, in which the Papacy
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...

 supported William III
William III of England
William III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...

's alliance against France, and on the news of the Battle of the Boyne
Battle of the Boyne
The Battle of the Boyne was fought in 1690 between two rival claimants of the English, Scottish and Irish thronesthe Catholic King James and the Protestant King William across the River Boyne near Drogheda on the east coast of Ireland...

 a Te Deum
Te Deum
The Te Deum is an early Christian hymn of praise. The title is taken from its opening Latin words, Te Deum laudamus, rendered literally as "Thee, O God, we praise"....

 was sung in thanksgiving at the Vatican
Vatican City
Vatican City , or Vatican City State, in Italian officially Stato della Città del Vaticano , which translates literally as State of the City of the Vatican, is a landlocked sovereign city-state whose territory consists of a walled enclave within the city of Rome, Italy. It has an area of...

. 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 Roman Catholics to greater hostility. By then, King James was based in France at Saint Germain
Château de Saint-Germain-en-Laye
The Château de Saint-Germain-en-Laye is a royal palace in the commune of Saint-Germain-en-Laye, in the département of Yvelines, about 19 km west of Paris, France. Today, it houses the Musée d'Archéologie Nationale ....

, and was supported politically and financially by Louis XIV, the long-standing enemy of William and Mary. Religion became an easy way to define a notable family's loyalty to the crown, and so formed the political basis for the ensuing Penal Laws in Ireland.

As well as the Papal Te Deum, it was revealed in 2008 that Pope Innocent XI
Pope Innocent XI
Blessed Pope Innocent XI , born Benedetto Odescalchi, was Pope from 1676 to 1689.-Early life:Benedetto Odescalchi was born at Como in 1611 , the son of a Como nobleman, Livio Odescalchi, and Paola Castelli Giovanelli from Gandino...

 had lent William of Orange 150,000 Scudi
Italian scudo
The scudo was the name for a number of coins used in Italy until the 19th century. The name, like that of the French écu and the Spanish and Portuguese escudo, was derived from the Latin scutum . From the 16th century, the name was used in Italy for large silver coins...

 through his family's bank before his death in 1689; an embarrassing detail hidden from Irish Catholics and Protestants for over three centuries.

Ascendancy rule 1691–1778

With the defeat of Catholic attempts to regain power and lands in Ireland, what became known later as the "Protestant Ascendancy
Protestant Ascendancy
The Protestant Ascendancy, usually known in Ireland simply as the Ascendancy, is a phrase used when referring to the political, economic, and social domination of Ireland by a minority of great landowners, Protestant clergy, and professionals, all members of the Established Church during the 17th...

" sought to ensure dominance with the passing of a number of laws to restrict the religious, political and economic activities of Catholics and Dissenters. Harsher laws were introduced for political reasons during the long War of the Spanish Succession
War of the Spanish Succession
The War of the Spanish Succession was fought among several European powers, including a divided Spain, over the possible unification of the Kingdoms of Spain and France under one Bourbon monarch. As France and Spain were among the most powerful states of Europe, such a unification would have...

 that ended in 1714. The son of James II, the "Old Pretender", was recognised by the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...

 as the legitimate king of 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 excuses for the new laws passed for several decades after 1695. Among the discriminations now 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 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 of 1793)
  • Bar from membership in either the Parliament of Ireland
    Parliament of Ireland
    The Parliament of Ireland was a legislature that existed in Dublin from 1297 until 1800. In its early mediaeval period during the Lordship of Ireland it consisted of either two or three chambers: the House of Commons, elected by a very restricted suffrage, the House of Lords in which the lords...

     or the Parliament of Great Britain
    Parliament of Great Britain
    The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...

     from 1652; rescinded 1662–1691; renewed 1691–1829.
  • Disenfranchising Act
    Disenfranchising Act
    The Disenfranchising Act was an Act of Parliament of the Parliament of Ireland passed in 1727, one of a series of penal laws, prohibiting all Roman Catholics from voting...

     1728, exclusion from voting until 1793;
  • Exclusion from the legal professions and the judiciary; repealed (respectively) 1793 and 1829.
  • Education Act 1695
    Education Act 1695
    The Education Act 1695 , was an Act of the Parliament of Ireland, one of a series of penal laws, prohibiting Catholics from sending their children to be educated abroad. Its long title is "An Act to restrain Foreign Education"....

     – ban on foreign education; repealed 1782.
  • Bar to Catholics entering Trinity College Dublin; repealed 1793.
  • On a death by a Catholic, his legatee could benefit by conversion to the Church of Ireland
    Church of Ireland
    The Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...

    ;
  • Popery Act
    Popery Act
    An Act to prevent the further Growth of Poperty was an Act of Parliament of the Parliament of Ireland passed in 1703 and amended in 1709, one of a series of penal laws against Roman Catholics....

     – 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
    Gavelkind was a system of land tenure associated chiefly with the county of Kent, but found also in other parts of England. Its inheritance pattern bears resemblance to Salic patrimony and as such might testify in favour of a wider, probably ancient Germanic tradition.It was legally abolished in...

    " system had previously been abolished by 1600.
  • Ban on converting from Protestantism to Roman Catholicism on pain of Praemunire
    Praemunire
    In English history, Praemunire or Praemunire facias was a law that prohibited the assertion or maintenance of papal jurisdiction, imperial or foreign, or some other alien jurisdiction or claim of supremacy in England, against the supremacy of the Monarch...

    : 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 500 pounds 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 (in order 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
    Registration Act
    The Registration Act was an Act of Parliament of the Parliament of Ireland passed in 1704, one of a series of Penal laws. Its long title is An Act for registering the Popish Clergy and its citation is 2 Ann c.7...

     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 twenty pounds fine and three months in prison for every such offence. Repealed in 1782. http://www.irish-society.org/Hedgemaster%20Archives/hedge_schools.htm
  • 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 is that enforcement depended on the attitudes of local magistrates bringing or hearing particular cases; some of whom were rigorous, others more liberal.

The Catholic Committees

From 1758, before the death of James III
James Francis Edward Stuart
James Francis Edward, Prince of Wales was the son of the deposed James II of England...

, 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
Robert Barnewall, 12th Baron Trimlestown
Robert Barnewall, 12th Baron Trimlestown was a prominent Anglo-Irish landowner, active in the Roman Catholic cause.-Life:...

 and Charles O'Conor of Belanagare
Charles O'Conor (historian)
Charles O'Conor Don, The O'Conor Don, Prince of Connacht of Belanagare was an Irish writer and antiquarian who was enormously influential as a protagonist for the preservation of Irish culture and history in the eighteenth century...

 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 death of the Old Pretender (1766), the emerging "Age of Enlightenment
Age of Enlightenment
The Age of Enlightenment was an elite cultural movement of intellectuals in 18th century Europe that sought to mobilize the power of reason in order to reform society and advance knowledge. It promoted intellectual interchange and opposed intolerance and abuses in church and state...

", and the Suppression of the Society of Jesus by Europe's Catholic monarchs, all seemed to confirm their position. The Irish Catholic hierarchy in the 18th century was inspired by the semi-independent Gallican Church
Gallican Church
The Gallican Church was the Catholic Church in France from the time of the Declaration of the Clergy of France to that of the Civil Constitution of the Clergy during the French Revolution....

, and was less dogmatic than the Ultramontanist
Ultramontanism
Ultramontanism is a religious philosophy within the Roman Catholic community that places strong emphasis on the prerogatives and powers of the Pope...

 church that would develop in the 19th century.

Gradual reform and emancipation 1778–1869

On the death of the "Old Pretender"
James Francis Edward Stuart
James Francis Edward, Prince of Wales was the son of the deposed James II of England...

 in January 1766 the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...

 recognised the Hanoverian dynasty
House of Hanover
The House of Hanover is a deposed German royal dynasty which has ruled the Duchy of Brunswick-Lüneburg , the Kingdom of Hanover, the Kingdom of Great Britain, the Kingdom of Ireland and the United Kingdom of Great Britain and Ireland...

 as legitimate, and so the main political excuse for the laws was removed and the slow process of Catholic Emancipation
Catholic Emancipation
Catholic emancipation or Catholic relief was a process in Great Britain and Ireland in the late 18th century and early 19th century which involved reducing and removing many of the restrictions on Roman Catholics which had been introduced by the Act of Uniformity, the Test Acts and the penal laws...

 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. In a show of goodwill, John Carpenter, titular Archbishop of Dublin
Archbishop of Dublin (Roman Catholic)
The Archbishop of Dublin is the title of the senior cleric who presides over the Archdiocese of Dublin. The Church of Ireland has a similar role, heading the United Dioceses of Dublin and Glendalough. In both cases, the Archbishop is also Primate of Ireland...

, technically still an illegal position, was invited to join the Royal Dublin Society
Royal Dublin Society
The Royal Dublin Society was founded on 25 June 1731 to "to promote and develop agriculture, arts, industry, and science in Ireland". The RDS is synonymous with its main premises in Ballsbridge in Dublin, Ireland...

 in 1773.

An Irish Act of 1774 allowed any subject of George III "of whatever persuasion to testify their allegiance to him". The Quebec Act
Quebec Act
The Quebec Act of 1774 was an Act of the Parliament of Great Britain setting procedures of governance in the Province of Quebec...

 of 1774 was an encouragement outside Ireland, with the London parliament restoring religious rights in the main part of Canada, followed in Britain and Ireland by the Catholic Relief Act 1778
Papists Act 1778
The Papists Act 1778 is an Act of the Parliament of Great Britain and was the first Act for Catholic Relief. Later in 1778 It was also enacted by the Irish parliament....

. Carlow College
St. Patrick's, Carlow College
St Patrick's, Carlow College, founded in 1782 by Dr James Keefe, then Roman Catholic Bishop of Kildare and Leighlin, and his co-adjutor Bishop Daniel Delany, and opened in 1793, is a college in Carlow, Ireland. Initially he attempted to open a seminary in Tullow, but instead took out a 999 year...

 was established in 1782.

From 1782 reformist Irish Protestant politicians like Henry Grattan
Henry Grattan
Henry Grattan was an Irish politician and member of the Irish House of Commons and a campaigner for legislative freedom for the Irish Parliament in the late 18th century. He opposed the Act of Union 1800 that merged the Kingdoms of Ireland and Great Britain.-Early life:Grattan was born at...

, JP Curran
John Philpot Curran
John Philpot Curran was an Irish orator, politician and wit, born in Newmarket, County Cork. He was the son of James and Sarah Curran.-Career:...

, William Ponsonby and Frederick Hervey, 4th Earl of Bristol
Frederick Hervey, 4th Earl of Bristol
Frederick Augustus Hervey, 4th Earl of Bristol, PC , known as The Earl-Bishop, was Bishop of Cloyne from 1767 to 1768 and Bishop of Derry from 1768 to 1803.- Life :...

 (a Protestant bishop), added their voices in support. In the English House of Commons Edmund Burke
Edmund Burke
Edmund Burke PC was an Irish statesman, author, orator, political theorist and philosopher who, after moving to England, served for many years in the House of Commons of Great Britain as a member of the Whig party....

 also helped, but was faced with anti-Catholic sentiment which exploded in the Gordon Riots
Gordon Riots
The Gordon Riots of 1780 were an anti-Catholic protest against the Papists Act 1778.The Popery Act 1698 had imposed a number of penalties and disabilities on Roman Catholics in England; the 1778 act eliminated some of these. An initial peaceful protest led on to widespread rioting and looting and...

 of 1780.

In 1792 William FitzGerald, 2nd Duke of Leinster
William FitzGerald, 2nd Duke of Leinster
William Robert FitzGerald, 2nd Duke of Leinster, etc. KP, PC was an Irish liberal politician and landowner. He was born in London.-Career:...

, the eldest brother of Lord Edward Fitzgerald
Lord Edward FitzGerald
Lord Edward FitzGerald was an Irish aristocrat and revolutionary. He was the fifth son of the 1st Duke of Leinster and the Duchess of Leinster , he was born at Carton House, near Dublin, and died of wounds received in resisting arrest on charge of treason.-Early years:FitzGerald spent most of his...

, founded the 'Association of the friends of liberty' whose program sought Catholic members in the Irish House of Commons
Irish House of Commons
The Irish House of Commons was the lower house of the Parliament of Ireland, that existed from 1297 until 1800. The upper house was the House of Lords...

. They could not persuade most Protestant MPs to effect a bigger change than the Relief Act of 1793, where Catholics were now allowed to buy freehold land, to become grand jurors
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...

 and barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

s, to study at Trinity College Dublin, and to vote if they held property with a rental value of at least £2 a year (the so-called "Forty-shilling freeholders"). A majority of Irish MPs were still reluctant to reform, and the Irish 1793 Act had to be encouraged by the British government that had already passed the Roman Catholic Relief Act 1791
Roman Catholic Relief Act 1791
The Roman Catholic Relief Act 1791 is an Act of the Parliament of Great Britain passed in 1791 relieving Roman Catholics of certain political, educational, and economic disabilities. It admitted Roman Catholics to the practise of law, permitted the exercise of their religion, and the existence of...

.

Opposition to Catholic Relief ensured that when relief was granted it was often accompanied by what were seen to be unpleasant concessions to the system. Relief in 1793 was accompanied by a widely unpopular Militia Act which removed the ban on Catholics holding firearms to allow for their conscription into the militia, but not their admittance into the officer ranks. However, wealthier Catholics did not oppose this as it was further proof of their gradual inclusion into the establishment.

France declared war on Britain and Ireland in February 1793 and the war took priority over further reliefs. As the French government opposed the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...

 from 1790, and as Irish Catholic priests were often trained in France, the Prime Minister Pitt funded the establishment of St. Patrick's seminary
St Patrick's College, Maynooth
St Patrick's College, Maynooth is the "National Seminary for Ireland" , and a Pontifical University, located in the village of Maynooth, 15 miles from Dublin, Ireland. The college and seminary are often referred to as Maynooth College. The college was officially established as the Royal College...

 in Maynooth
Maynooth
Maynooth is a town in north County Kildare, Ireland. It is home to a branch of the National University of Ireland, a Papal University and Ireland's main Roman Catholic seminary, St. Patrick's College...

 in 1795. The French republican policies of "Dechristianization" in 1790–1801 were often similar to Cromwell's anti-Catholic policies in Ireland in the 1650s. In 1795 the new viceroy
Viceroy
A viceroy is a royal official who runs a country, colony, or province in the name of and as representative of the monarch. The term derives from the Latin prefix vice-, meaning "in the place of" and the French word roi, meaning king. A viceroy's province or larger territory is called a viceroyalty...

 the earl of Fitzwilliam
William FitzWilliam, 4th Earl FitzWilliam
William Wentworth-Fitzwilliam, 4th Earl Fitzwilliam PC , styled Viscount Milton until 1756, was a British Whig statesman of the late 18th and early 19th centuries. In 1782 he inherited his uncle Charles Watson-Wentworth, 2nd Marquess of Rockingham's estates, making him one of the richest people in...

 proposed full political emancipation as suggested by Grattan
Henry Grattan
Henry Grattan was an Irish politician and member of the Irish House of Commons and a campaigner for legislative freedom for the Irish Parliament in the late 18th century. He opposed the Act of Union 1800 that merged the Kingdoms of Ireland and Great Britain.-Early life:Grattan was born at...

, but he was removed within weeks by the hardliners in the Irish administration.

The slow pace of reform was a factor which led to many reformers despairing of peaceful change, particularly the lack of tithe
Tithe
A tithe is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in cash, cheques, or stocks, whereas historically tithes were required and paid in kind, such as agricultural products...

 reform, and this led on in part to the failed 1798 rebellion
Irish Rebellion of 1798
The Irish Rebellion of 1798 , also known as the United Irishmen Rebellion , was an uprising in 1798, lasting several months, against British rule in Ireland...

. During the rebellion all the Irish Catholic bishops supported the government. The subsequent passing of the Act of Union
Act of Union 1800
The Acts of Union 1800 describe two complementary Acts, namely:* the Union with Ireland Act 1800 , an Act of the Parliament of Great Britain, and...

 of 1801 was supposed to bring Catholic Emancipation
Catholic Emancipation
Catholic emancipation or Catholic relief was a process in Great Britain and Ireland in the late 18th century and early 19th century which involved reducing and removing many of the restrictions on Roman Catholics which had been introduced by the Act of Uniformity, the Test Acts and the penal laws...

, as power was moved from the hands of the Protestant Ascendancy
Protestant Ascendancy
The Protestant Ascendancy, usually known in Ireland simply as the Ascendancy, is a phrase used when referring to the political, economic, and social domination of Ireland by a minority of great landowners, Protestant clergy, and professionals, all members of the Established Church during the 17th...

 to the London Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

. This was agreed by most of the British Cabinet, including William Pitt
William Pitt the Younger
William Pitt the Younger was a British politician of the late 18th and early 19th centuries. He became the youngest Prime Minister in 1783 at the age of 24 . He left office in 1801, but was Prime Minister again from 1804 until his death in 1806...

, and they resigned when it was not effected. The personal opposition of George III
George III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...

 ensured that no change would be forthcoming during his reign.

Emancipation

The political argument for emancipation to allow Catholic MPs to sit in parliament continued after the 1801 Act of Union, supported by liberal MPs such as Henry Grattan
Henry Grattan
Henry Grattan was an Irish politician and member of the Irish House of Commons and a campaigner for legislative freedom for the Irish Parliament in the late 18th century. He opposed the Act of Union 1800 that merged the Kingdoms of Ireland and Great Britain.-Early life:Grattan was born at...

. Division arose over the "veto
Royal veto of the appointment of bishops
A proposed Royal veto of the appointment of bishops was a contentious topic in the politics of the United Kingdom, in the period 1808 to 1829. According to the proposal, any restoration of the full episcopal hierarchy of the Catholic Church, in Great Britain, should be subject to a veto of the...

", the issue whether the government could, or could not, veto the appointment of a bishop where he was approved by the Pope. In May 1823, Daniel O'Connell
Daniel O'Connell
Daniel O'Connell Daniel O'Connell Daniel O'Connell (6 August 1775 – 15 May 1847; often referred to as The Liberator, or The Emancipator, was an Irish political leader in the first half of the 19th century...

 launched the Catholic Association
Catholic Association
The Catholic Association was an Irish Roman Catholic political organisation set up by Daniel O'Connell in the early nineteenth century to campaign for Catholic emancipation within the United Kingdom of Great Britain and Ireland. It was one of the first mass-membership political movements in...

 and campaigned for Catholic emancipation
Catholic Emancipation
Catholic emancipation or Catholic relief was a process in Great Britain and Ireland in the late 18th century and early 19th century which involved reducing and removing many of the restrictions on Roman Catholics which had been introduced by the Act of Uniformity, the Test Acts and the penal laws...

 which was largely achieved in 1829, primarily benefitting the middle classes. While this was seen as a late and overdue reform by Irish Catholics, Irish Dissenter
Dissenter
The term dissenter , labels one who disagrees in matters of opinion, belief, etc. In the social and religious history of England and Wales, however, it refers particularly to a member of a religious body who has, for one reason or another, separated from the Established Church.Originally, the term...

s had only just achieved the same status following the 1828 Test Act
Sacramental Test Act 1828
The Sacramental Test Act 1828 was an Act passed by the British Parliament.-Background:The Corporation Act 1661 laid down that all mayors and officials in municipal corporations had to receive the sacrament of Holy Communion in accordance with the rites of the Church of England...

, Irish Jewish MPs were barred until 1858 and atheists until 1886.

The Act also allowed for Catholic judges and senior civil servants and state officials to be appointed. As with the election of MPs, those who benefitted were the better educated and richer Catholics. The same class took advantage of the reform of town and city corporations in the Act of 1840
Municipal Corporations (Ireland) Act 1840
The Municipal Corporations Act 1840 , An Act for the Regulation of Municipal Corporations in Ireland, was passed by the Parliament of the United Kingdom on 10 August 1840....

 and took part in local government. But for the majority of Irish Catholics living in the countryside, the cost of the tithing system had always been the main cause of complaint.

Tithe reform

The obligation by Catholics and other religious groups to pay tithes to the Protestant Church remained until its disestablishment by the Irish Church Act 1869 and Catholic Emancipation was quickly followed by a period of violent resistance known as the Tithe War
Tithe War
The Tithe War was a campaign of nonviolent civil disobedience, punctuated by sporadic violent episodes, in Ireland between 1830-36 in reaction to the enforcement of Tithes on subsistence farmers and others for the upkeep of the established state church - the Church of Ireland...

. From 1840 tithes were no longer payable by tenants but by their landlords, who were allowed to increase rents to make up the difference. The Catholic Church became resurgent from the 1840s, uniting with the Protestant churches to oppose the integration of students of differing religion in the new primary or 'National' schools, and in the 1850s a debate arose over whether some proposed universities should be mixed or just for Catholics.

Continuing effect in 1920

In May 1920 Seán T. O'Kelly
Sean T. O'Kelly
Seán Thomas O'Kelly was the second President of Ireland . He was a member of Dáil Éireann from 1918 until his election as President. During this time he served as Minister for Local Government and Minister for Finance...

 sent a memorandum to Pope Benedict XV
Pope Benedict XV
Pope Benedict XV , born Giacomo Paolo Giovanni Battista della Chiesa, reigned as Pope from 3 September 1914 to 22 January 1922...

which included:

The position of Irish Catholics is a cruel one. We are enslaved by a Protestant power. The penal laws against our religion are not yet abolished in full. The injurious social and economic results of these anti-Catholic laws will not be overcome for generations. To the present day we suffer political injury inside and outside of Ireland, simply and solely because we are practicing Catholics. Sons of martyrs, we are known in every Masonic lodge and every anti-Catholic country as 'Papists', and par-excellence, the most devoted of all the children of the Holy See.
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