English Catholicism Under Charles II: The Legal Position

Abstract

Many years ago there was published an English translation ofLa Persecution des Catholiques en Angleterre sous Charles IIby the Comtesse R. de’Courson: a work which remains the only one devoted wholly to English Catholicism during that reign. Unfortunately, however, the title is misleading and the book is given up almost entirely to the two and a half years of the Popish Plot—not, in other words, to the reign of Charles II as a whole but merely to one-tenth of it—with the result that the reader is presented with an unbalanced and unduly depressing picture. A more judicious appraisal has been provided by a number of “background” works such as Archbishop Mathew'sCatholicism in England,Mr. E. I. Watkin'sRoman Catholicism in England from the Reformation to 1950and, most recently, Miss. M. D. R. Leys's fascinatingCatholics in England, 1529-1829,while an article published inThe Dublin Review(Autumn, 1959) suggested that the pecuniary laws, so ferocious on paper, to which Catholics were theoretically subject, were in fact enforced only very spasmodically during the reign of Charles II. Clearly, in order to judge how rigorously the penal laws were enforced in Charles Il’s reign, it is necessary first to consider what exactly were these laws; to establish what was the legal position of the English Catholics at the Restoration and to discover what fresh enactments were passed in the course of the next twenty-five years. It is such an examination of the legal position of the English Catholics between 1660 and 1685 which will be attempted in the pages that follow.