The history of Ireland is stained by a period of persecution so atrocious that few parallels can be found in the annals of the world. For nearly two centuries, the Catholic population of Ireland endured the ruthless oppression imposed by the infamous Penal Laws. Dr Samuel Johnson, a prominent Protestant figure, went so far as to describe the operation of these laws as worse than the Pagan persecutions suffered by early Christians. This sentiment finds resonance among historians, including John Mitchel, who asserted that these diabolical enactments left nine-tenths of Ireland’s population under the feet of the remaining one-tenth, subjected to a level of subjugation that could hardly be surpassed unless they were bought and sold as slaves.
The roots of this egregious chapter in Irish history can be traced back to the violation of the Treaty of Limerick. The treaty, negotiated by the highest military officers representing Ireland and England, was agreed to and signed on the field of battle, laying out promises and commitments. It consisted of two parts, civil and military, with the civil articles being particularly crucial for the Catholic population. These articles pledged the Catholics of Ireland privileges in the exercise of their religion consistent with the laws of Ireland during the reign of Charles II. This included the right to sit in Parliament, plead at the bar, participate in corporations and the magistracy, teach in schools, and publicly celebrate their religious worship.
The second civil article ensured the protection of the property rights of Irish Catholics. It guaranteed the enjoyment of their goods, real and personal, as they did in the reign of Charles II. The military articles allowed the garrison in Limerick to march out of the city with arms and baggage, giving soldiers the option to go to any foreign country with provided ships or join the army of William and Mary. However, the promises of the Treaty were soon forgotten, and the trajectory of events took a starkly different turn.
If the Treaty is viewed through the lens of common morality, taking into consideration the advantages England derived from it, the expectation would be to construe it with liberality and execute it with good faith. In theory, Irish Catholics should have been placed in a situation of complete equality with their Protestant counterparts. The free exercise of their religion was granted in the most unqualified manner, and security of property was fully confirmed. Personal security was assured, and even misdemeanours were pardoned.
However, the reality unfolded differently. The government of Ireland, dominated by a small Protestant minority holding land, offices, and power, not only refused to honour the Treaty but also went further by passing a series of Penal Laws. These laws, enacted from 1695 onward, aimed to keep the Catholic majority, forming four-fifths of the population, down and secure the possessions and privileges of the Protestant minority.
Before 1695, there were already penal enactments against Irish Catholics, compelling them to abandon their religion and adopt the doctrines of the Reformation. The Parliament of 1692 framed an oath excluding Catholics from Parliament, violating the ninth article of the Treaty. However, the real onslaught came with the Parliament that convened in Dublin in 1695. Instead of confirming the articles made at the Treaty of Limerick, they introduced a bill that confirmed only minor provisions, effectively rejecting the essence of the Treaty.
During the sessions of 1695 and 1697, the Irish Parliament consolidated the Penal Laws passed during the reign of Elizabeth into one Act. This code stripped Catholics of the right to sit in Parliament, vote in elections, and participate in any department of the government. The Magna Carta principle of not taxing a man without his consent was blatantly violated, with every man refusing to abjure his religion being double-taxed. Catholics were barred from offices of power or trust, denied the right to present to livings, fined for not attending the English Church, and even disabled from practising law or medicine.
The extent of these laws reached into the personal lives of Catholics. If a married woman kept away from the English Church, she forfeited two-thirds of her dowry and couldn’t become the executrix of her husband’s will. Justices of the peace were empowered to compel individuals to abjure the Catholic Faith, with severe penalties for refusal, including banishment for life or even death.
In conclusion, the Penal Laws in Ireland stand as a testament to a dark period in Irish history. The violation of the Treaty of Limerick and the subsequent enactment of laws aimed at suppressing the majority Catholic population reflect a stark departure from the principles of equality, religious freedom, and justice. The repercussions of this era continue to resonate in the historical consciousness of Ireland, underscoring the complexity and consequences of political negotiations and legislative actions.
Weekly Freeman’s Journal – Saturday 09 May 1914
