The British Penal Laws: Religious Monopoly and Persecution

In English history, the Penal laws were a series of legislative measures designed to enforce the State-decreed religious monopoly of the Church of England and, following the 1688 revolution, Presbyterianism in Scotland. These laws targeted illegal and underground communities of Catholics, nonjuring Anglicans, and Protestant nonconformists.

The Nature of the Penal Laws

The Penal laws imposed various forfeitures, civil penalties, and civil disabilities upon recusants—those who refused to attend the mandatory weekly Sunday services of the Established Church. Unlike English common law, these penal actions were civil in nature. These restrictive laws remained in force until the early 19th century, when they were largely repealed due to the successful activism of Daniel O'Connell for Catholic Emancipation.

Marian Persecutions

Following the death of Edward VI in 1553, Mary I of England ascended the throne. She repealed the religious legislation of her father, Henry VIII, and her half-brother, Edward VI, through the First Statute of Repeal, re-establishing the Roman Catholic Church as the official faith of England, Wales, and Ireland.

The English Inquisition

Mary I established an English inquisition to coerce conversion, force exile, or prosecute those not conforming to Roman Catholicism. During her five-year reign, over 300 Protestant dissenters were labeled heretics and killed, earning her the nickname "Bloody Mary." In November 1554, she revived the Heresy Acts, outlawing all Protestant literature and believers.

Elizabethan Penal Laws

Upon ascending the throne, Elizabeth I established a new religious order through several key acts of parliament:

• Act of Supremacy 1558: Confirmed Elizabeth as Supreme Governor of the Church of England and imposed an Oath of Supremacy. It made it a crime to assert the authority of the Pope in England, with penalties including forfeiture of goods and praemunire.
• Act of Uniformity 1558: Mandated the use of the English Book of Common Prayer and required weekly church attendance, with fines for those who failed to comply.
• Supremacy of the Crown Act 1562: Escalated the penalty for refusing the Oath of Supremacy to high treason.

Response to Regnans in Excelsis

In 1570, Pope Pius V excommunicated Queen Elizabeth I via the papal bull Regnans in Excelsis. In response, the English state intensified its persecution of Catholics:

• High Treason: It became high treason to declare the Queen a heretic or to put into effect any papal bull of absolution.
• Travel Restrictions: Subjects departing the realm without a license and not returning within six months forfeited their lands and goods.
• Act to retain the Queen's Majesty's subjects in their obedience (1581): This act prohibited the Mass, with heavy fines and imprisonment for both celebrants and attendees. It also increased fines for not attending Anglican services.
• Jesuits, etc. Act 1584: This statute commanded all Roman Catholic priests to leave the country within 40 days or face charges of high treason. Harbouring priests was also treated as a felony.