Persecution and toleration of Catholics (recusants)

Year Legislation Associated record sources
1534 Act of Supremacy Refusing to take Henry VIII’s Oath of supremacy and supporting the Pope became an act of treason. Parish registers and Parish chest records If there is a marriage and burial record but no baptism it may indicate a Catholic[1]; some clergy would make a note in the register is a person was a recusant.   Churchwarden accounts Churchwardens were responsible for bringing offenders before the courts and their accounts may provide details of recusants.   Execution records Recusants executed for treason can be found at the British Executions website http://www.britishexecutions.co.uk/search.php?subpage=searchTerms&time=1554552366[2]  (years 1100 to 1964) and at the Capital Punishment UK website: http://www.capitalpunishmentuk.org/contents.html[3]
1549 1552 Act of Uniformity Act of Uniformity Clergy were given one year to adopt the Prayer book or face stiff penalties as would anyone speaking out against the Prayer book[4]: First offence – confiscation of income for a year and 6 months imprisonment;Second offence – 1 year imprisonment with no bail and then stripped of his church position;Third offence – life imprisonment. The 1552 Act introduced a revised Prayer book and extended the penalties to imprisonment for anyone attending other forms of service Quarter Session records­ (discussed below) Churchwarden accounts (as above)  
1554 Revival of the Heresy Acts Which had been repealed under Henry VIII and Edward VI: Richard II’s Letters Patent 1382Henry IV’s Heresy Act 1401Henry V’s Heresy Act 1414 Quarter Session records (see below) A lack of Catholics appearing in these records during this period demonstrates this period of toleration of Catholics.[5]
1559                 Act of Supremacy Reinstated the supremacy of the Church of England repealing the heresy laws Mary I had revived. Act of Uniformity The Book of Common Prayer was introduced, similar to the prayer book of 1552 but retaining some Catholic elements.  Clergy faced stiff penalties for failing to comply: First offence – forfeit their benefice for a year and 6 months imprisonment; Second offence – 1 year imprisonment with no bail and then stripped of his church position; Third offence – life imprisonment. Anyone speaking out against the Book of Common Prayer or attempted to disrupt parish services also faced penalties: First two offences – a fine; Third offence – life imprisonment Anyone failing to attend their parish church for Sunday service or on a holy day would be fined 1s[6] every time they failed to attend[7]. In 1563 the death penalty was introduced for priests who continued to hold mass. Those who continued to defend the supremacy of the pope had their property seized. Churchwarden accounts (as above) Quarter Session records  (see below) Execution records (as above)  
1570 Papal Bull [8]‘Regnans in Excelsis[9] Encouraged Catholics to be a heretic, releasing even those who had sworn the oath of supremacy from allegiance to the monarchy. The bull also excommunicate any Catholic obeyed the monarchy’s orders!  
1571 Treason Act It became high treason to bring any further papal bulls into England and to call the monarch a heretic or schismatic. Quarter Session records (see below)  
1581 Recusancy Act The penalties for recusancy increased: Fine of £20 per month Fine of 100 marks and a years imprisonment for hearing Mass From 1581 if anyone converted to Catholicism or attempted to convert anyone else to Catholicism, the penalty was death. A further Act was passed forbidding Catholic education of children. From 1586 failure to pay a fine would result in a recusant losing land they owned, a penalty which, from 1604 could be imposed in place of the £20 per month fine. Quarter Session records (see below) Pipe Rolls 1581 – 1601 Include the names and fines imposed on Catholics yearly; largely written in Latin and arranged by county; held by the Exchequer – copies provided to the Chancery. Available at: National Archives series E372[10] and E352[11] (not digitised)Catholic Record Society publication: “Recusants in the Exchequer Pipe Rolls, 1581-1592” by T. J. McCann[12] (not digitised) An index of Pipe Rolls is also available at the Pipe Roll Society[13]
1585 Act against Jesuits, Seminary Priests and such other like Disobedient Persons A further act to ‘force’ Jesuits[14] and Seminary priests[15] to take the oath of allegiance to the Queen. Failure to do so within 40 days was an act of high treason unless they left the country. Any person who harboured or knew of the whereabouts of a Jesuit or Seminary priest and failed to inform the authorities, would be penalised: A fine of 200 marks Imprisonment Execution if the authorities wished to make an example of the priest. Any Jesuit or Seminary priest who were or travelled overseas, had to return to England within six months to swear the oath of allegiance (within two days of their arrival) and swear to submit to the Queen, or face the penalties for treason. Once taken the oath, they were forbidden for a period of 10 years to come within 10 miles of the Queen without her personal written permission or face the penalties for treason. If they left England for more than six months their land would be forfeited. Quarter Session records (see below)  
1587 Act against noncompliance Anyone who refused to accept the authority of the monarchy and thus the Church of England and Book of Common Prayer, were not permitted to buy or sell land. Quarter Session records (see below) Pipe Rolls 1581 – 1591 (as above)  
1593 Act for Retaining the Queen’s Subjects in their due Obedience[16] Required all over the age of 16 years to attend an Anglican Church service. Failure to attend for a period of one month would result in imprisonment without bail, for such period as they refused to attend, as would their encouragement to any other person not to attend. If they continued to refuse to attend for a period of three months they would be removed and exiled from England and any other countries within the queen’s realm until and unless they were licenced by the queen to return. Act against Popish Recusants Catholics were no longer permitted to travel more than a five mile radius from their home. The penalty for doing so without permission was a loss of all goods, chattels, lands, tenements, hereditaments rents and annuities due to them during their life. This was however never enforced during the reign of Elizabeth I which ended with her death 1603 when she was succeeded by James I (James VI of Scotland). Quarter session records (see below) Recusant rolls 1591 – 1691 Specific Rolls recording names and fines of recusants in place of Pipe Rolls. Arranged by county, containing: 1. Land seized from recusants, detailing: Name of recusant;Rent due to the Crown;Description of land;Date of seizure;Name of commissioner affecting seizure of land;Memoranda Roll record authorising seizure of land;Name of Crown’s lessee (if any);Arrears;Total debt;Payments made; 2. Goods and chattels seized, detailing: Name of recusant;Amount of forfeiture;Articles seized; 3. Sheriffs charge and final audit 4. Enrolment of new convictions, detailing: Name and address of recusant;duration of recusancy;date of conviction;amount of debt Available at: National Archives series E376 and E377 (not digitised)Catholic Record Society publications: “Recusant Roll No. 1, 1592-3, Exchequer, Lord Treasurer’s Remembrancer by M.M.C Calthrop [17]; “ Recusant Rolls no 2, 1593-1594. An abstract in English by Hugh Bowler”[18]; “Recusant Rolls no 3, 1594-1595 and recusant roll no. 4, 1595-1596. An abstract in English by Hugh Bowler”[19]
1604 Book of Common Prayer James I promised to “neither persecute any that will be quiet and give but an outward obedience to the law [nor to] spare to advance any of them that will by good service worthily deserve it”[20] he did made it clear that unity and uniformity of the church was his aim, proclaiming in July 1604 that all clergy were to fully conform to the Book of Common Prayer by 30November 1604.  
1605 And 1606 Popish Recusants Act (Following the Gunpowder Plot) Oath of Allegiance Forbidding Catholics practicing in the legal or medical professions, the military and from acting as guardians or trustees; Calling for them to swear a new Oath of Allegiance to the monarchy denying the authority of the Pope; Making it high treason to obey the pope over the monarchy, imprisoning those who refused to swear the oath. There was an incentive of £50[21] for those who identified priests and members of their congregations The rules also applied to any protestant who took a Catholic wife! Quarter session records (see below) Oath of Allegiance rolls 1606 – 1828 (see below)  
1610 Act extended the Oath of Allegiance To be taken by all Catholics over the age of 18 with penalties including: Imprisonment Loss of rent and personal property Persecution was also financial: £100 fine for failing to baptise a child within one month of birth by Anglican clergy; On marriage any property of the recusant bride would be forfeited; if she had none £100 fine was payable; Married women recusants could be imprisoned until the conformed or their husband paid to redeem them for £10 per month Quarter Session records (see below) Oath of Allegiance Rolls see below)  
` Taxation Charles I introduced a double rate on taxes for Catholics. Lay Subsidy Rolls (cover period 1275 to 1665) Record taxes imposed on moveable property (not land) from time to time. The name, village and parish of a Catholic can be identified as they had to pay double the rate. Available at: National Archives series E179[22] and E359[23];County record officesLocal Family History societies – e.g. West Surrey Family History Society have an ongoing project to transcribe the Surrey Lay Subsidy Rolls.
1626/7 Commission for Compounding with Recusants A commission set up to investigate concealed sources of revenue recusants may have had and any amounts available which could be recovered from poorer recusants. Convicted recusants were targeted by obtaining information from the quarter session records who had to bargain with the commissioners and usually agree an increased rent to lease their land which had been seized from them and in order to pay fines and arrears of fines.    
1643 Oath of Allegiance Charles I introduced a further Oath of Allegiance requiring all men over the age of 18 years to deny catholic beliefs. Those who refused lost most of their estates, both real and personal. Vow and Covenant 1643 Taken by members of the House of Commons and House of Lords – demonstrates lack of Catholics in official positions Solemn League of Covenant 1644 This was an agreement in which Scotland agreed to support the English Parliamentarians in their disputes with the royalists and was signed throughout England and Scotland – demonstrates support against Catholics Protestation Oath Returns 1641 – 1642 Provides names, village, parish and occupation of all those who took the oath and Catholics[24] who refused to sign. Remaining records cover about one third of the country. Available at: National Archives series SP28[25] or E179Parliamentary ArchivesSociety of Genealogy – for some parts of the countryLondon Metropolitan Archives – City of London and various London districtsCounty record offices  
1643 Committee for the Sequestration of Delinquents Estates/ Committee for Compounding for the Estates of Royalists and Delinquents A committee set up at the beginning of the civil war much like the earlier Commission for Compounding with Recusants. Their role was to seize and confiscate land from and/or impose fines on royalists, papists and recusants.  
1648       1650            Blasphemy Act[26] Anyone found guilty of blasphemy and/or heresy would suffer the death penalty unless they renounced. Blasphemy Act This act provided for less severe penalties: first offence – six month imprisonment;second offence – Banished from the country not to return without a licence Act repealing penalties for nonattendance at church It was no longer a legal requirement to attend the parish church. Penalties for blasphemy and heresy still continued. Quarter Session records (see below)  
1660 Declaration of Breda Issued by Charles II promising to bring religious freedom at the start of the Restoration. Although it appears this was not to include Catholics!  
        1661           1662                           1664                     1665 Clarendon Code – a collection of four Acts of Parliament designed to weaken the nonconformist movement including Catholics and Protestant nonconformist sects: Corporation Act Catholics[27] were excluded from official positions unless they swore the oath of allegiance, renounced the Solemn League and Covenant[28] of 1643 and accepted the supremacy of the monarchy. Act of Uniformity Required all clergy to be: ordained episcopally;renounce the Solemn League and Covenant;accept and preach the new Book of Common Prayer Catholics[29] were liable to three months imprisonment if they continued to preach in public or worked as a private tutor or schoolmaster without first obtaining a licence to do so from an archbishop, bishop or ordinary of the diocese. If clergy remained in office or attained office in the Church of England without episcopal ordination the penalty was a fine of £100. Conventicles Act Congregations of more than 5 persons (including the priest!) became illegal, even in private houses. The penalties for breach were: First offence – fine of £5 or 3 months imprisonment;Second offence – fine of £10 or 6 months imprisonment;Third offence – transportation for seven years to a foreign plantation (other than New England) The Five Mile Act Catholic[30] priests were no longer allowed to approach within 5 miles of any former parish or town save to pass through on the road. The penalties for doing so were: Fine of £40 Many were imprisoned for persistent offending resulting from the simple need to make a living! Quarter session records (see below) Oath of Allegiance Rolls (see below) Sacramental certificates (see below)  
1670 Conventicles Act [31] Increased the penalties: First offence – fine of £20Subsequent offences – fine of £40 Quarter session records (see below)  
1672            Declaration of Indulgence Charles II forced this Declaration through Parliament, legally enabling Catholics[32] to practice their religion by allowing them hold mass in private (nonconformists could apply for licences to establish meeting houses). However due to the strength of the continued anti-Catholic he was forced to quickly repeal it with the Test Act.  
1673 Test Act This reinforced the need for civil and military offices (including priests/clergy) to swear the oath of allegiance and supremacy of the monarchy and provide a sacramental certificate confirming they had taken Anglican Communion, which would be signed by the Anglican minister and churchwarden of the parish and further witnessed by two credible witnesses. This act did not apply to MP’s and peers. Thus a second Test Act was introduced. Oath of Allegiance rolls (see below) Sacramental certificates (see below)  
1676 Compton Census Churchwardens and Constables were ordered to provide a list of those attending Anglican services, including nonconformists and recusants over the age of 16 years to the local Justice of the Peace (JP) who then called on each person listed to take the oath of allegiance. If they refused the penalty was imprisonment. The lists became known as the Compton Census. Compton Census Largely numerical providing details of the places of worship and the size of their congregations demonstrating the distribution of religious sects, in particular parishes where Catholicism thrived or died. A small number may contain names of individuals.   Quarter session rolls (see below)  
1678            Test Act This required all members of the House of Lords and the House of Commons to make declarations against transubstantiation, invocation of saints, and the sacrament of Mass, with the effect of excluding Catholics from both houses, in particular evicting the five Catholic Lords from the House of Lords.   Estreat Rolls 1537 – 1837 Record fines and bonds due to the Exchequer following legal proceedings.   Nichil Rolls 1537 – 1837 Record debts due to the Exchequer where the sheriff attempted to collect but there were insufficient funds to pay.   Available at: National Archives series E362[33] (not digitised)  arranged by County
1687 & 1688 Declaration of Indulgence and reissued in 1688 James II was an openly Catholic King and made his own declaration of indulgence, suspending both the Test Act and other earlier Acts restricting religious freedom. James II began a policy of appointing Catholics to positions of power e.g. JP’s, MP’s and Lords-Lieutenants. Records include for example, at The National archives: Series C 216 “Chancery: Petty Bag Office: Admission Rolls of Officers[34] and Solicitors”  
1689 Toleration Act Allowed freedom of worship provided Protestant nonconformists swore an oath of allegiance[35]. Catholics were specifically excluded! The Clarendon Code Acts and Test Act were still in force. Oath of Allegiance rolls (see below)  
1692 Land Tax A double land tax rate was introduced for Catholic land owners. Land tax assessment and records Yearly records of tax imposed on owners whose land was valued in excess of 20s. Catholic land owners can be identified by the rate of tax they paid – double rate. Arranged by county, the records provide the names of the land owner, tenants and occupiers[36]; the name and parish address of the property; rental value; amount of tax due. Available at: National Archives series IR 23[37], IR 22[38] and IR 24[39]County Record Offices – duplicates: often quite difficult to find due to lack of transcription and indexing at local levelGuild Library – City of London records   Quarter Session records / estate papers / parish records Assessments prior to 1780
1696 An Act for the Better Security of His Majesties’ Royal Person and Government Following the attempted assassination of William III, the Solemn Association Oath had to be sworn by military personnel and civil officers of the Crown.   Association Oath Rolls Include those who refused to swear the oath such as Catholics. Many of the records contain original signatures, but they also include marks and listings made by clerks. Available at: National Archives series C 213[40], C 214/8-12[41], KB 24/1[42], KB 24/2[43]County Record OfficesLondon Metropolitan Archives (City of London and various London districts)
1698            Popery Act Enacted in 1700 the Act reinforced the laws against practising Catholics, the penalty for which could be “perpetuall Imprisonment”[44]. Further Catholics were forbidden from inheriting or purchasing land and could face fines for sending their children abroad to be educated. Quarter session records (see below)  
1702 1714            Security of Succession Act Security of the Sovereign Act Officials were required to take an oath denying the right of James II’s son the right to succeed the throne. Oaths of allegiance, test and abjuration roll (see below)  
1715            Papist Act In the wake of the Jacobite rebellion, everyone over the age of 18 was required to swear an oath of allegiance. Catholics were also required to register details of their estates, including documents such as Wills, conveyances of land and/or property with the county Clerk of the Peace. This was further reinforced in 1723 when Catholics refusing to swear the oath of allegiance were now required to register their names and details of their estates at quarter sessions or have their property seized. Seizure of property was overseen by the Forfeiture Estates Commission. Oaths of allegiance, test and abjuration roll (see below) Quarter session records (see below)   Close Rolls Sealed documents: By the Court of Chancery giving order and instructions to royal officials and subject;By private individuals to enrol documents such as deeds of land, wills, leases and quit claims amongst many other documents. Catholic wills should have been enrolled after 1715 and can provide names, addresses, occupations, details of family, land/property etc as set out in their enrolled wills. Available at: National Archives series C 54[45] and also PRO 31[46] (various subseries, for example, PRO 31/7/173  Extracts from Close Rolls) (not digitised)
1753            Lord Hardwicke’s Marriage Act Catholics were required to marry in an Anglican Church Parish registers – as discussed above  
1778            Catholic Relief Act The first Act towards toleration of Catholics enabling them to own land and freeing them from persecution, repealing the 1698 Act. Land and Property Records including Title Deeds Ownership of land/property and how they were conveyed. Documents will not themselves identify Catholics however where a person has not previously been registered as an owner of land, it may indicate they were Catholic. Records provide name, address, occupation, marital status of vendor and purchaser, description of land or property, family relationships (especially if land has been passed through generations), dates of death, wills and maps are sometimes attached. Available at: The National Archives – various records within division CP including:concords of fines in CP 24/1-CP 24/13feet of fines in CP 25/1 and CP 25/2notes of fines in CP 26/1-CP 26/14entry books recording the public announcement of fines in CP 27enrolments of writs for fines and recoveries in CP 28rules to amend fines and recoveries in CP 30books recording the king’s silver in CP 34 and CP 35recovery rolls in CP 43portions of broken writs of covenant files in CP 50, with the complete files in CP 55files of writs of entry in CP 56concords files in CP 61and enrolments of writs of entry in CP 65County Record Offices – Surrey History Centre has various conveyancing documents relating to individual estates/families.British LibraryLand RegistrySolicitors, (building societies and banks in later years)  Quarter session records Lack of further offences recorded of the nature set out in the 1698 Act reflects this new toleration
1791            Catholic Relief Act The second Act towards toleration of Catholics enabling Catholics to register and open their own chapels. Despite this, marriage and burials could still only take place legally in Anglican churches. Parish registers– as discussed above Catholic Church registers and records Newly opened catholic chapels began registers of baptism, confirmation, marriage and death. Baptisms registers include: Name of child and parents (inc mother’s maiden name)Date of baptism (and possibly birth)Names of godparents or ‘sponsers’ “Double” marriage records may be found: Catholics would have an Anglican service to “legalise” their marriage and have a Catholic marriage service which may be recorded in the Catholic registers. Marriage registers include: Names of bride and groom (inc brides maiden name)Names of witnessesOccasionally – ages of both parties, place of birth for bride and names of parents of both parties. The same principal applies to death/burials of Catholics who had to be buried at an Anglican church yard until 1852 (see below)[47]. Burial registers include: Name of deceasedOccasionally – age, name(s) of deceased wife and children It should be noted that these registers were usually in Latin until 1965. Available at: National Archives(see The Non-Parochial Registers Act below);County Record Offices (Catholic registers at Surrey History Centre appear to begin in the 20th Century (see The Non-Parochial Registers Act below);Diocesan Archives – For my local Diocese of Guildford they are held at the Surrey History Centre (County Record Office);Catholic Record Society – Catholic church registers published for various locations in various series;Catholic National Library – Mission Registers (listing baptisms, confirmations, marriages and deaths) amongst a large collection of Catholic history books and periodicals Quarter Session Records (see below)
1829            Catholic Emancipation Act Removed the majority of the remaining restrictions on Catholics allowing them to take up most public offices including parliamentary seats. Quarter session records (see below)
1836            General Registration Act Finally allowed Catholics to marry in their own churches and chapels although burials were still required to take place at Anglican churches. Civil registration certificates – birth, marriage, death in particular marriage certificate which will provide details of the place of marriage i.e. Catholic church/chapel
1840            The Non-Parochial Registers Act Following civil registration it was requested that the registers of nonconformist sects, including Catholics, be deposited with the Registrar General, however few if any were deposited by Catholics. These registers are therefore likely still be in the hands of the individual Catholic church. Catholic[48] registers deposited both in 1840 and 1857 at the National Archives can be found in: Series RG4: General Register Office: Registers of Births, Marriages and Deaths surrendered to the Non-parochial Registers Commissions of 1837 and 1857 arranged by County and then alphabetically by placeSeries RG8: General Register Office: Registers of Births, Marriages and Deaths surrendered to the Non Parochial Registers Commission of 1857, and other registers and church records. These registers are also available from http://www.thegenealogist.co.uk
1852             Burial Act Catholics were legally able to establish their own burial grounds. Municipal cemeteries developed during this century and may have also been used for Catholic burials Burial registers of Catholic burial sites As pre catholic registers discussed above

Assizes/Quarter Session Records

Catholics were essentially criminalised. Quarter session records contain perhaps the largest collections of records providing details of Catholics (and other nonconformists) including (but not limited to):

  • Indictments and Presentments – Details of Catholics fined, imprisoned, banished from the country and sentenced to execution;
  • Sacrament certificates (see below);
  • Oaths of Allegiance including lists of those refusing to take the various Oaths (see below) (Chancery Court/Exchequer Court or King’s Bench division records if the person lived within 30 miles of London);
  • Declarations against transubstantiation;
  • Registers of names and estates of Catholics who refused to take the Oath of Allegiance following the Papist Act 1715, arranged alphabetically by county and town;
  • Records of land and property seized for failing to take the Oath of Allegiance and/or registering their names and estates;
  • Certificates of Roman Catholic Chapels and priests following the 1791 Catholic Relief Act

These numerous records can provide names, addresses and occupations of those Catholics prosecuted or who had land seized, or who registered themselves as required. They may include details of family members.

These numerous records are available at:

  • County Record Offices – Surrey Quarter Session records held at the Surrey History Centre include:
  • Session Rolls, 1661-1799, 1889-1915
  • Session Bundles, 1630, 1637, 1701 – 1888
  • Indictments
  • Estreat Books
  • Calendars of Prisoners: Surrey Sessions and Assizes
  • Land Tax Assessment Books
  • Registration of the Estates of Roman Catholics
  • Certificates of Protestant dissenting and Roman Catholic places of Worship and related documents
  • London Metropolitan Archives – Proceedings at the Old Bailey
  • Society of Genealogists e.g. calendars of prisoners, microfiche copies of summary convictions and other court records
  • British Library – including legislation, cases and traditional legal commentary
  • Local newspapers often reported on criminal proceedings

Oath Rolls and Sacramental Certificates

As can be seen from the table above, oaths of allegiance and supremacy were required to be sworn at various times. The oath rolls provide a list of names, addresses and occupation of those taking the oaths and frequently a list of those refusing to take the oaths. Both lists may include Catholics as some Catholics may have chosen to take the oath to avoid criminal proceedings. In particular if a Catholic wished to serve in an official office (military, parliament, courts etc) under following the Clarendon Code.

Those swearing the oath obtained a Sacramental Certificate as proof they had received communion in the Church of England.

Oath rolls began in 1606 and essentially ended with the oaths of allegiance, supremacy and abjuration under the reinforced Papist Act of 1723. The location and availability of Oath Rolls for 1723 can be found in the publication “The 1723 oath rolls in England: an electronic finding list” by Edward Vallance[49].

TNA series C 203/6 includes certificates naming those who failed to swear the oaths of allegiance, supremacy and abjuration as required by the Security of the Sovereign Act 1714.

After the Catholic Relief Act of 1778 Catholics were able to sign a new oath of allegiance which can be located at the National Archives series E169/79 – 83[50] and “The rolls contain the actual signatures of persons taking an oath and most of them state the form of the oath to be taken, together with the authorising statute…While a few of the rolls give places of residence, only one roll (E 169/80) includes full addresses”[51]. These have not been digitised and are only available at TNA.

There is also a wealth of records available at TNA series PC 1 (not digitised) such as:

  • Returns of Catholics for several counties PC 1/20/31
  • Roman Catholics: Lists of Roman Catholics who have taken the oath during 1796 PC 1/37/107
  • Roman Catholic Oaths: List for Westminster, London PC 1/40/130
  • Certificates under 31 Geo III, c 32 (1791) relating to Roman Catholics PC 1/2937
  • Returns of papists who have taken oath in accordance with Act of 31 Geo III PC 1/19/26/2

Sacramental certificates provide the name, address and occupation of the individual, the date sacrament was received, name of the church, name of the minister, churchwarden and the witnesses, and can be found at TNA series:

  • C 224 Chancery: Petty Bag Office: Sacrament Certificates 1673 – 1778
  • KB 22 Court of King’s Bench: Crown side: Sacrament Certificates Files 1676 – 1828
  • E 196 Exchequer: King’s Remembrance: Sacramental Certificates 1702 – 1827

There are also many other records relating to oath rolls at TNA, too many to discuss further and many of which may not be relevant to Catholics as they refused to swear the oaths, save, as stated above, some rolls do also contain lists of those refusing to swear the oath and thus those records should not be overlooked in any search undertaken.

Other records

Returns of Papists (Catholics)

These were censuses taken nationwide in 1680, 1705, 1744, 1767 and 1780 to record the number of Catholics in the country, arranged in dioceses by town/village. These were essentially used to identify Catholics and ensure the penalties in force at the time were imposed, hence lists of names can be found amongst quarter session records. Some of the returns record numbers but others record names, ages, addresses, occupations, family members and how long they have lived in the parish.

The 1767 return has been published by the Catholic Record Society and the 1767 return for London has been published by the Society of Genealogy.


[1] Or other nonconformist

[2] Accessed 6 April 2019

[3] Accessed 6 April 2019

[4] faced not just by Catholics but also nonconformist protestants

[5] John Rogers and around 300 other Protestants were burned alive during her short reign from 1553 to 1558 earning Mary I her infamous nickname “Bloody Mary”.

[6] Approx. £18 today using calculator on https://www.measuringworth.com 30th March 2019

[7] that would have been one full day’s pay for a skilled tradesman http://www.nationalarchives.gov.uk/currency-converter#currency-result (value at 2017) 30th March 2019

[8] Public decree, letters patent, or charter issued by the Pope

[9] Reigning on High

[10] Exchequer Pipe Office, Pipe Rolls

[11] Chancery, Chancellors Rolls

[12] Catholic Record Society Record Series 71 (1986)

[13] http://www.piperollsociety.co.uk/

[14] “The Society of Jesus is a religious order of men in the Catholic Church” – http://www.jesuit.org.uk/who-are-jesuits  (2 April 2019)

[15] Catholic priests trained either in England or abroad in seminaries after 1534

[16] Aimed at all nonconformist sects including Catholics

[17] Pipe Office Series, Catholic Record Society Record Series, 18 (1916)

[18] Catholic Record Society Record Series, 57 (1965)

[19] Catholic Record Society Record Series, 61 (1970)

[20] A. Dures “English Catholicism, 1558 – 1642” page 40

[21] Approx. £6,704.78 in 2017 National Archives currency converter http://www.nationalarchives.gov.uk/currency-converter/

[22] Particulars of Account and other records relating to Lay and Clerical Taxation

[23] Exchequer Pipe Office: Account Rolls of Subsidies and Aids

[24] And anyone else but largely Catholics as the aim was to establish the number of Catholics in the country in order that they knew who to tax more heavily!

[25] Commonwealth Exchequer Papers

[26] This offence was not limited to Catholics.

[27] and other nonconformists

[28] An agreement made at the beginning of the Civil War by which the Scottish Parliament agreed to support the English Parliamentarians in their disputes with the royalists; both countries pledging to work for a civil and religious union of EnglandScotland, and Ireland under a Presbyterian–parliamentary system

[29] and other nonconformists

[30] and nonconformist

[31] The 1661 Act expired in 1669

[32] and other nonconformist sects

[33] Exchequer: Pipe Office: Estreats: Rolls and Nichil Rolls

[34] Including but not limited to lord chancellor, the solicitor general, the lord high treasurer of England, and the master of the rolls

[35] Quakers were to make a similar declaration

[36] Tenants and occupiers between 1772 and 1832

[37] Land Tax Redemption Office: Quotas and Assessments 1798 – 1914

[38] Land Tax Redemption Office: Parish Books of Redemptions 1799 – 1953

[39] Land Tax Redemption Office: Registers of Redemption Certificates 1799 – 1963

[40] Chancery: Petty Bag Office: Association Oath Rolls 1696-1697

[41] Chancery: Petty Bag Office: Rolls of Oaths of Allegiance and Test Oaths 1673-1889

[42] Association oath roll 1696 May

[43] Association oath roll 1696 June-July

[44] https://www.british-history.ac.uk/statutes-realm/vol7/pp586-587#h3-0003 William III, 1698-9: An Act for the further preventing the Growth of Popery. [Chapter IV. Rot. Parl. 11 Gul. III. p. 2. n. 2.] section III, accessed 4 April 2019

[45] Chancery and Supreme Court of Judicature: Close Rolls

[46] Public Record Office records

[47] After 1871 many were buried in Catholic section of the community Cemeteries which began to develop

[48] And other nonconformist sect registers

[49] History Working Papers Project http://www.historyworkingpapers.org/?page_id=373

[50] Exchequer: King’s Remembrancer: Oath Rolls: Papist Oaths

[51] https://discovery.nationalarchives.gov.uk/details/r/C66142 (13 April 2019)

Bibliography

Websites accessed 30th March 2019

https://www.parliament.uk/about/living-heritage/transformingsociety/private-lives/religion/collections/common-prayer/act-of-supremacy/

https://www.parliament.uk/about/living-heritage/transformingsociety/private-lives/religion/collections/common-prayer/act-of-uniformity-1559/

https://www.measuringworth.com

http://www.nationalarchives.gov.uk/currency-converter#currency-result

Websites accessed 1st April 2019

https://history.hanover.edu/texts/ENGref/er85.html

https://www.british-history.ac.uk

Websites accessed 8th April 2019

http://catholicrecordsociety.co.uk/publications/records-series/

Websites accessed 13th April 2019

www.historyworkingpapers.org

Websites accessed various dates between 30 March 2019 and 13th April 2019

www.nationalarchives.gov.uk

Books

W B Patterson            King James VI and I and the Reunion of Christendom (Cambridge University Press 2000) (Google books)

E. Rose                        ”Cases of Conscience: Alternatives open to Recusants and Puritans under Elizabeth I and James I” (Cambridge 1975)

A. Dures                      “English Catholicism, 1558 – 1642” (Harlow 1983)

Coffey, John               Persecution and Toleration in Protestant England, 1558 – 1689 (Pearson Education 2000)

Herber, Mark               Ancestral Trails, Second Edition (SOG 2005)

Hey, David                 The Oxford Companion to Local and Family History (Oxford 1996)

Scott, Jonathan            A Dictionary of Family History (Pen & Sword 2017)

One thought on “Persecution and toleration of Catholics (recusants)

  1. This is such a great resource. Since going to Surrey before Rootstech London, I’ve been trying to wrap my head around the fact that my More ancestors used stones from Waverley Abbey to build Loseley Park. I’ve been trying to understand the pressures of the Dissolution of the Monasteries. Curiously, I found your site through writing the GeneaBloggers November blogiverary post. I’ll be persuing your site a lot more now!

    Like

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