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PENAL LAW IN THE 18TH CENTURY: CHANGING THE PLACE AND ROLE OF CATHOLICS IN IRISH SOCIETY

https://doi.org/10.37493/2409-1030.2020.2.7

Abstract

In the late XVII - early XVIII centuries, the English parliament passed a number of restrictive laws for Irish Catholics and dissenters. The penal laws were designed to maintain Protestant authority in Ireland and prevent rebellion against the English rule. The existence of these laws constantly formed relations between religious groups in England and Ireland, contributing to the emigration of many Irish Catholics in the XVIII-XIX centuries. Based on religious differences, penal laws contributed the position of descendants of English settlers, allowing Protestants to exercise control over property and trade. Nevertheless, the economic consequences of these laws had a beneficial effect on the position of most Catholics, who are middlemen and tenants of large estates. Many discriminatory laws were formally repealed in the late 1700s and early decades of the 1800s, but the effects of long-standing social divisions are still felt in Ireland. The absence of autonomy and power left to the Irish parliament, led by the English Lord-Lieutenant, stimulated rebellion throughout the eighteenth century. After the final emancipation of Catholics in 1829, a feature of the historiographical tradition of the 19th century was the exaggeration of the consequences of penal law and the extent of oppression of Catholics against the background of legal and political discrimination. The article discusses the speciics and features of the implementation of penal legislation in Ireland, as well as its impact on Irish society in the XVIII century. The author concludes that penal laws, the implementation of which was associated with a number of regional features, did not have exclusively negative consequences, bringing a tradition of loyalty and adaptation to Irish society, contributing to the formation of national consciousness based on Catholicism and traditional Gaelic culture.

About the Author

N. Lagoshina
Southern Federal University
Russian Federation


References

1. Barnard T. The Kingdom of Ireland, 1641-1760. New York: Palgrave Macmillan, 2004. 216 p.

2. Brady J. Catholics and Catholicism in the eighteenth-century press. Maynooth: Catholic Record Society of Ireland, 1965. 350 p.

3. Brady J. Proposals to register Irish priests, 1756-1757 // Irish ecclesiastical record. Vol. 97. No. 4. 1962. P. 209-222.

4. Breffny B. Letters from Connaught to a Wild Goose // Irish Ancestor. Vol. 10. No. 2. 1978. P. 81-98.

5. Bums R. The Irish penal code and some of its historians // Review of politics. Vol. 21. 1959. P. 276-299.

6. Bums R. The Irish popery laws: a study of eighteenth-century legislation and behavior // Review of politics. Vol. 24. No. 3. 1962. P. 485-508.

7. Connolly S. Divided Kingdom: Ireland 1630-1800. Oxford: Oxford University Press, 2008. 519 p.

8. Connolly S. Religion and history // Irish economic and social history. Vol. 10. 1983. P. 66-80.

9. The convert rolls: the calendar of the convert rolls, 1703-1838 / ed by O'Byrne E., Chamney A. Dublin: Irish Manuscripts Commission, 2005. 487 p.

10. Costello N. Two diaries of the French expedition, 1798 // Analecta Hibemica. Vol. 11. Dublin: Stationery Office, 1941. 174 p.

11. Cullen L. Catholics under the Penal Laws // Eighteenth-Century Ireland. Vol. 1. 1986. P. 23-36.

12. Cullen L. Emergence of Modern Ireland, 1600-1900. Dublin: Lilliput Press, 1983. 300 p.

13. Edmund Burke, New York agent: with his letters to the New York Assembly and intimate correspondence with Charles O'Hara 1761-1776 / ed by Hoffman R. Philadelphia: American Philosophical Society, 1956. 632 p.

14. Faulkner's Dublin Journal. 1754. 29 June - 2 July.

15. The Irish Times. 1984. 9 August.

16. Journals of the House of Commons of the Kingdom of Ireland, 1761-1762. Vol.12. Dublin: Bradley A., 1762. 896 p.

17. Lecky W. A History of Ireland in the Eighteenth Century. Vol. 1. London: Longmans, 1913. 500 p.

18. The Making of Modern Ireland, 1603-1923 / ed b y Beckett J. London: Faber and Faber, 1966. 496 p.

19. Malcomson A. John Foster: the politics of the Anglo-Irish ascendancy. Oxford: Oxford University Press, 1978. 504 p.

20. McDowell R. Public Opinion and Government Policy in Ireland, 1801-1846. London: Faber and Faber, 1953. 303 p.

21. McGrath C. Securing the Protestant interest: the origins and purpose of the penal laws of 1695 // Irish Historical Studies. Vol. 30. 1996. P. 25-46.

22. Musgrave R. Memoirs of the different rebellions in Ireland. Dublin: Robert Marchbank, 1801. Vol. 1. 583 p.

23. O'Murchadha D. Gaelic Land Tenure in County Cork: Uibh Laoghaire in the Seventeenth Century // Cork history and society: interdisciplinary essays on the history of an Irish county / ed by P. O'Flanagan, C. Buttimer. Cork: Geography Publications, 1993. P. 213-248.

24. Simms J. The Williamiie coniscation in Ireland, 1690-1703. London: Faber and Faber, 1956. 207 p.

25. The Statutes Relating to the Ecclesiastical and Eleemosynary Institutions of England, Wales, Ireland, India, and the Colonies. London: J. Parker, 1845. 1108 p.

26. Wall M. The penal laws, 1691-1760: church and state from the treaty of Limerick to the accession of George III. Dundalk: Dundalgan Press, for the Dublin Historical Association, 1961. 72 p.


Review

For citations:


Lagoshina N. PENAL LAW IN THE 18TH CENTURY: CHANGING THE PLACE AND ROLE OF CATHOLICS IN IRISH SOCIETY. Humanities and law research. 2020;(2):48-53. (In Russ.) https://doi.org/10.37493/2409-1030.2020.2.7

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ISSN 2409-1030 (Print)