| Type: | Act |
| Parliament: | Parliament of England |
| Long Title: | Englishmen shall not be convicted by Welshmen in Wales. |
| Year: | 1402 |
| Citation: | 4 Hen. 4. c. 26 |
| Territorial Extent: | Wales |
| Repealing Legislation: | 21 Jas. 1. c. 28 |
| Status: | repealed |
| Type: | Act |
| Parliament: | Parliament of England |
| Long Title: | There shall be no wasters, vagabonds, &c. in Wales. |
| Year: | 1402 |
| Citation: | 4 Hen. 4. c. 27 |
| Territorial Extent: | Wales |
| Repealing Legislation: | Laws in Wales Acts |
| Status: | repealed |
| Type: | Act |
| Parliament: | Parliament of England |
| Long Title: | There shall be no congregations in Wales. |
| Year: | 1402 |
| Citation: | 4 Hen. 4. c. 28 |
| Territorial Extent: | Wales |
| Repealing Legislation: | 21 Jas. 1. c. 28 |
| Status: | repealed |
The penal laws against the Welsh (Welsh: Deddfau Penyd) were a set of laws, passed by the Parliament of England in 1401 and 1402 that discriminated against the Welsh people as a response to the Welsh Revolt of Owain Glyndŵr, which began in 1400.
The laws prohibited the Welsh from obtaining senior public office, the bearing of arms or buying property in English boroughs. Public assembly was forbidden, and Englishmen who married Welsh women were also prevented from holding office in Wales.
The laws were reaffirmed in 1431, 1433 and 1471 although were inconsistently applied in practice. They were obsoleted with the Laws in Wales Acts under Henry VIII and finally repealed in 1624.
After the Conquest of Wales by Edward I, Wales was divided into the Principality of Wales and various marcher lordships. The 1284 Statute of Rhuddlan, a royal ordinance, established the new arrangement, introducing English common law, but allowing retained Welsh legal practice and custom. In 1294, Madog ap Llywelyn led a revolt against English rule, which was put down in 1295. It was this revolt that led to a second royal ordinance to be issued by Edward I, and this one was, for the first time, clearly discriminatory and general against the Welsh people. In the 1295 ordinance, the Welsh "were not to reside in the English boroughs of Wales, or to bear arms in them, or to conduct trade outside them"
Through the thirteenth century additional prohibitions were added to the 1295 ordinance at various times. These included provisions that "Welshmen should not acquire English land in Wales without licences; that they should not be allowed to live or purchase land in English towns in Wales or the English border counties; that they should be prohibited from holding assemblies; that they should be excluded from all the major posts of civil and military power in Wales; and that English burgesses should only be tried and convicted in Wales by fellow Englishmen."
With the 1400 Welsh Revolt of Owain Glyndŵr, parliament enacted a set of penal statutes, beginning in 1401 and considerably extended in 1402. These statutes codified and broadened these existing discriminatory laws and prohibitions.
Six acts were passed in 1401:
Nine additional acts were passed in 1402:
These acts were never universally enforced and were introduced as an emergency measure in response to the rebellion. Nevertheless the immediate effect of these appears to have been the opposite of the intention. Rather than coercing the Welsh to obedience, it may have led many Welsh: uchelwyr (Welsh nobles) to resort to arms. Meanwhile Welsh labourers, students and nobles were reported to leave England to support the cause.
After the rebellion the statutes often lay dormant as a more peaceful co-existence was rebuilt between English and Welsh in Wales. Nevertheless the existence of the laws meant that they could be appealed to in disputes, to the disadvantage of the Welsh, or indeed to those who married Welsh spouses. Indeed the statutes were reissued in 1431, 1433, 1444 and 1447, at the specific request of English people living in Wales; and it was this perpetual threat of disadvantage that led many of the wealthier or enterprising Welshmen to seek and be granted full English denizenship.
Despite being inconsistently implemented, and widely worked around, the penal laws remained a source of resentment and frustration into the Tudor period. Henry Tudor was born in Pembroke, raised in Raglan and his grandfather hailed from Anglesey. He played up these Welsh connections, even fighting under a banner of a red dragon at the battle of Bosworth Field. On taking the throne, Henry VII broke with convention and also declared himself Prince of Wales, rewarding Welsh supporters thereafter. Through a series of charters the principality and other areas saw the penal laws being abolished, although communities sometimes had to pay considerable sums for these charters. There also remained some doubt about their legal validity.
The penal statutes were finally superseded under Henry VIII by the Laws in Wales Acts 1535 and 1542. These acts were designed to create a uniformity of law across England and Wales and under them, the Welsh became citizens of the realm, and these acts conferred on them the same rights, freedoms and privileges under the laws of the realm as for English subjects. This was welcomed at the time as putting an end to the discriminatory system. Nevertheless, it was not until 1621, when Welsh MP James Perrot of Pembrokeshire moved a Bill which sought to more systematically remove obsolete acts from the statute books, that the penal laws were repealed, being expunged from the statute books in 1624.
English and Welsh people "were now formally and legally separated from one another, to the disadvantage of the Welsh, in a way which had not been so before, at least legislatively and on a country-wide basis." The principal effect of the penal laws, whether enforced or not, was to reduce the status of the Welsh to that of second-class citizens in their own land. Davies adds that the laws were possibly more effective as psychological propaganda, rather than in practical application. Moreover these laws led to a rise in lawlessness, exacerbated by semi-independent marcher lordships that "became a byword for murders, ambushes, bribery, corruption, piracy and cattle raids.". There was a growing sense of a denial of social opportunity for the Welsh and governance remained disorganised.
Anger remained, but the Glyndŵr Welsh Revolt proved to be the last. Hope of a united independent Wales led by a native Welsh prince gradually ended and the laws penalised the Welsh for their rebellion against the English crown. There would be no future national uprising, and all future rebellions would be based around class rather than national issues.
As well as causing significant ill-feeling among the Welsh people, the laws often restricted nobles in Wales from improving their standing, unable to hold office in their local municipality. Some Welshmen had parliament declare themselves English denizenship so that they were able to achieve higher office or hold land. Although this was not open to all, in everyday life, people were able to overcome racial hierarchy in trade and marriage. Some English nobles intermarried with Welsh women and internalised a Welsh identity, suggesting Wales developed a more complex colonial identity.