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Ireland 1685–1714

The penal laws

  • 3 things to know
  • A2 Unit 2

Overview

Penal laws and sacramental test.

What you need to know

Answer each one before you reveal it.

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Numbers

What was the Banishment Act of 1697?

Numbers

What did the Acts of 1704 and 1709 require of Catholic priests?

Key term

Were the penal laws politically or religiously motivated?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is meant by the penal laws?

    Model answer

    The penal laws were the statutes passed by the exclusively Protestant Irish Parliament after 1691, restricting the property, education, worship, arms and public role of Catholics and, in one important respect, of Presbyterians as well.

  2. 2

    How were Catholics excluded from Parliament?

    Model answer

    An English statute of 1691 required members of the Irish Parliament and holders of office to swear the oath of supremacy and to declare against transubstantiation, which no practising Catholic could do, so Catholics were shut out of Parliament before the penal code proper began.

  3. 3

    What did the legislation of 1695 forbid?

    Model answer

    The acts of 1695 forbade Catholics to carry arms or to own a horse worth more than five pounds, and forbade them to teach school or to send their children abroad to be educated.

  4. 4

    What was the Banishment Act of 1697?

    Model answer

    The Banishment Act ordered all Catholic bishops, vicars-general and members of religious orders out of Ireland by May 1698, on the argument that without bishops no new priests could be ordained, while ordinary parish priests were left in place to serve the people.

  5. 5

    What was the Popery Act of 1704?

    Model answer

    The Act to Prevent the Further Growth of Popery of 1704 was the central statute of the code, and it struck at Catholic landholding, inheritance, leasing and office in a single measure.

  6. 6

    What was gavelkind under the 1704 Act?

    Model answer

    Under the 1704 Act a Catholic's land had to be divided equally among all his sons at his death rather than passing whole to the eldest, so that substantial Catholic estates would be broken into fragments within two generations.

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