Act of Parliament | |
Long title | An Act for the further preventing the Growth of Popery. |
---|---|
Citation | 11 Will. 3. c. 4 (Ruffhead: 11 & 12 Will. 3. c. 4) |
Other legislation | |
Repealed by | Religious Disabilities Act 1846 |
Status: Repealed | |
Text of statute as originally enacted |
The Popery Act 1698 (11 Will. 3. c. 4) was an Act of Parliament of the Parliament of England enacted in 1700. The long title of the Act was "An Act for the further preventing the Growth of Popery". [1]
Section I was intended to address an alleged recent growth of Roman Catholicism by ensuring the existing anti-Catholic laws were more strongly applied. To that end, the section provided that any person who apprehended a "Popish Bishop, Priest or Jesuite" who was then prosecuted for "saying Mass or exerciseing any other Part of the Office or Function of a Popish Bishop or Priest within these Realmes" would receive £100 from the Sheriff of that county within four months of the priest's conviction. In effect, it placed a bounty on Roman Catholic priests. Section II provided for the Treasury to reimburse Sheriffs for money expended on such payments. [1]
Section III, expanding on the existing legislation, enacted that if a Catholic priest celebrated Mass, etc., as above, or if any Catholic clergyman or layperson ran a school or "take upon themselves the Education or Government or Boarding of Youth"; he was on conviction liable to "perpetuall Imprisonment" at the discretion of the King. Despite its severity, that was to some extent a mitigation of the provisions of the Jesuits, etc. Act 1584, which prescribed the death penalty for any priest who failed to leave England within 40 days of being so ordered.
Another provision disallowed Catholic schooling, inheritance and purchase of land. [2]
The Papists Act 1778 exempted those taking the oath under that act from some of the provisions of the Popery Act 1698. The section as to taking and prosecuting priests was repealed, as was the penalty of perpetual imprisonment for keeping a school. The Act was repealed by section 1 of the Religious Disabilities Act 1846. [3]
In English history, the penal laws were a series of laws that sought to uphold the establishment of the Church of England against Catholicism and Protestant nonconformists by imposing various forfeitures, civil penalties, and civil disabilities upon these dissenters. The penal laws in general were repealed in the early 19th century during the process of Catholic Emancipation. Penal actions are civil in nature and were not English common law.
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An Act to prevent the further Growth of Popery was an Act of the Parliament of Ireland that was passed in 1704 designed to suppress Roman Catholicism in Ireland ("Popery"). William Edward Hartpole Lecky called it the most notorious of the Irish Penal Laws.
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