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{{About|penal law as understood in the English law system|a more general article|criminal law}}
{{About|penal law as understood in the English law system|a more general article|criminal law}}
{{Refimprove|date=July 2010}}
{{Refimprove|date=July 2010}}
In the most general sense, '''penal''' is the body of laws that are enforced by the State in its own name and impose penalties for their violation, as opposed to [[Civil law (common law)|civil law]] that seeks to redress private wrongs. This usage is synonymous with [[criminal law]] and is covered in that article.


⚫
In [[England|English]] history, '''penal law''' refers to a specific series of laws that sought to uphold the [[establishment of religion|establishment]] of the [[Church of England]] against [[Protestantism|Protestant]] [[nonconformism|nonconformists]] and [[Catholic Church|Catholicism]], by imposing various forfeitures, civil penalties, and civil disabilities upon these dissenters.
In some jurisdictions, such as [[Canada]], penal law is distinct from criminal law even if it encompasses this last field. This is a result of [[federalism]]: only the federal [[Parliament]] has the legislative power to enact criminal law statutes, yet provinces can also attach penal dispositions to their non-criminal statutes so they will be respected.


While some of the Penal Laws were much older, they took their most drastic shape during the reign of [[Charles II of England|Charles II]], especially the laws known as the [[#Clarendon Code|Clarendon Code]] and the [[Test Act]]. Later penal laws include:
More specifically, the Penal laws were a set of
laws which punished [[nonconformism]] in the [[United Kingdom]] and [[Ireland]].

== English statutes on religious nonconformity ==

⚫
In [[England|English]] history, '''penal law''' refers to a specific series of laws that sought to uphold the [[establishment of religion|establishment]] of the [[Church of England]] against [[Protestantism|Protestant]] [[nonconformism|nonconformists]] and [[Roman Catholic Church|Roman Catholics]], by imposing various forfeitures, civil penalties, and civil disabilities upon these dissenters. Some examples of these laws are:
*[[Corporation Act 1661]]
*[[Act of Uniformity 1662]]
*[[Conventicle Act 1664]]
*[[Five Mile Act 1665]]
*the series of [[Test Act]]s
*[[Education Act 1695]]
*[[Education Act 1695]]
*[[Disarming Act]] 1695
*[[Disarming Act]] 1695
Line 24: Line 13:
*[[Occasional Conformity Act 1711]]
*[[Occasional Conformity Act 1711]]
*[[Disenfranchising Act]] 1728
*[[Disenfranchising Act]] 1728

In the late 17th and 18th centuries, many non-conformist Protestants successfully evaded the political disabilities imposed by the Test Act by taking communion in the Church of England as required, while otherwise attending non-conformist meetings. [[High Church|High churchmen]] and [[Tories]], empowered late in [[Queen Anne of England|Queen Anne]]'s reign, sought to close this loophole with the passing of the [[Occasional Conformity Act 1711|Occasional Conformity Bill]] in 1711, however the Act was repealed after the [[Hanoverian Succession]] with the return to power of the [[Whig (British political party)|Whigs]], who were generally allied with non-conforming Protestants.


===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 of England|Charles II]]. Four of them became known as the '''Clarendon Code''', after [[Edward Hyde, 1st Earl of Clarendon]], though he was not their author and did not fully approve of them.<ref>[http://www.historylearningsite.co.uk/clarendon_code.htm History Learning Site - The Clarendon Code]</ref> These included:
Four penal laws are collectively also known as '''Clarendon Code''', after Charles II's minister [[Edward Hyde, 1st Earl of Clarendon]]. However, Clarendon was not their author and did not fully approve of them.<ref>[http://www.historylearningsite.co.uk/clarendon_code.htm History Learning Site - The Clarendon Code]</ref> These included:

⚫
*[[Corporation Act]] (1661) - This first of the four statutes which made up the Clarendon Code 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.

⚫
*[[Act of Uniformity 1662|Act of Uniformity]] (1662) - This second statute 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.

⚫
*[[Conventicle Act 1664|Conventicle Act]] (1664) - This act 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 [[English Dissenters|dissenting]] religious groups from meeting.


⚫
*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.
⚫
*[[Five Mile Act]] (1665) - This final act of the Clarendon Code was aimed at Nonconformist ministers, who were forbidden from coming within five miles of [[incorporated town]]s 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.
⚫
*the [[Act of Uniformity 1662|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|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 [[English Dissenters|dissenting]] religious groups from meeting.
⚫
*the [[Five Mile Act]] (1665) forbade nonconformist ministers from coming within five miles of [[incorporated town]]s 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]]s excluded all nonconformists from holding civil or military office, and prevented them from being awarded degrees by the Universities of [[University of Cambridge|Cambridge]] and [[University of Oxford|Oxford]]. In the late 17th and 18th centuries, many non-conformist Protestants successfully evaded the political disabilities imposed by the Test Act by taking communion in the Church of England as required, while otherwise attending non-conformist meetings. [[High Church|High churchmen]] and [[Tories]], empowered late in [[Queen Anne of England|Queen Anne]]'s reign, sought to close this loophole with the passing of the [[Occasional Conformity Act 1711|Occasional Conformity Bill]] in 1711, however the Act was repealed after the [[Hanoverian Succession]] with the return to power of the [[Whig (British political party)|Whigs]], who were generally allied with non-conforming Protestants.
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 [[University of Cambridge|Cambridge]] and [[University of Oxford|Oxford]].


== In Irish history ==
== In Irish history ==

Revision as of 20:00, 20 November 2012

This article is about penal law as understood in the English law system. For a more general article, see criminal law.

In English history, penal law refers to a specific series of laws that sought to uphold the establishment of the Church of England against Protestant nonconformists and Catholicism, by imposing various forfeitures, civil penalties, and civil disabilities upon these dissenters.

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. Later penal laws include:

In the late 17th and 18th centuries, many non-conformist Protestants successfully evaded the political disabilities imposed by the Test Act by taking communion in the Church of England as required, while otherwise attending non-conformist meetings. High churchmen and Tories, empowered late in Queen Anne's reign, sought to close this loophole with the passing of the Occasional Conformity Bill in 1711, however the Act was repealed after the Hanoverian Succession with the return to power of the Whigs, who were generally allied with non-conforming Protestants.

Clarendon Code

Four penal laws are collectively also known as Clarendon Code, after Charles II's minister Edward Hyde, 1st Earl of Clarendon. However, Clarendon was not their author and did not fully approve of them.[1] 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.

In Irish history

Main article: Penal Laws (Ireland)

The Penal Laws were introduced into Ireland in the year 1695 (having been in use in other countries before this). They had a pronounced effect, disenfranchising the majority of the Irish population, who were Roman Catholic or Presbyterian and in favour of the minority established Church of Ireland. Though the laws also affected adherents of the Presbyterian Church in Ireland (who were concentrated in Ulster), their principal victims were members of the Roman Catholic Church, meaning over three quarters of the people on the island. The British had punished the faith of the overwhelming majority of the "mere Irish" (in contemporary English, 'mere' meant 'pure' or 'fully').

The laws were eventually repealed largely due to Irish political agitation organised under Daniel O'Connell in the 1820s, but effects of the laws in terms of sectarianism between Catholics and Protestants can still be seen, particularly in Northern Ireland, today.

See also

References

  1. ^ History Learning Site - The Clarendon Code

External links

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