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principles of the law. When the lawyer's privilege is given up, the priest's must be little regarded.!
6. No officer to let any popish solicitor, &c. inspect or examine records, entries, rules, orders, &c. on pain of 50l. to the informer.
1 Geo, 2. c. 20. 1 Barristers, attorney's clerks, &c. applying for admission, must take the oaths, and repeat and subscribe the declaration appointed in 2 Ann, to prevent the gronth of popery. And such as are converted or born of popish parents, must prove before the chancellor, judges, &c. that they have prosessed and continued to be
protestants for two years before, and that their children then under fourteen, or born after the above period, have been educa tedprotestants,
21. & 22. Geo. 3. c. 32. s. 2. Nove but Protestant students are ad. missible to the king's Inn.
1. Geo, 2. c. 20..4. Sheriffs and their clerks, must have been five
years Protestants, otherwise, to suffer like pains and disabilįties as papists.
7. Geo. 2. c.5. 8. 3. Courts may on suspicion summons a solicitor, and on non appearance, punish him for contempt, with a fine of 501. and imprisonment of six months.
§. 6. Drawiug, dictating, or abreviating pleadings, or transcribing depositions--bring the party within the pains of these acts,
INTEREST IN THE SOIL.
To those not already pre-acquainted with this extraordinary code it is not easy to give an adequate impression of the statutes, in such a narrow compass, much less of their operation and effect.
2. Ann. s. l. c. 6. Disables Papists from purchasing lands in their owo name, or in trust, or even any rents, or profits issuing out of lands, or to take a lease for more than 31 years, and not that, unless two thirds of the yearly value be reservedmall other estates to be void.
Ib. . 7. 8. & 9. No Papist who will not renounce his religion to take any estate, in fee simple, or in tail, by descent or purchase, but the next Protestant to take as if he were dead. The children of Papists to be taken as Papists, a Papist conforming, may be heir to a Papist disabled; wife, if a Protestant, to have dower.
8. Ann. c. 6. 9. 10. The fee simple estate of a Papist, henceforth to desçend to the sops share and share alike, and to their sons; and for
default of sons, to daughters, in like manner; and so for want of daughters to collaterals, any disposition by the ancestor to the contrary notwithstanding
This singular rule of descent was obviously intended to break down all power or concentration of wealth, or influence in Catholic families, whilst primogeniture, being the rule in the descent of Protestants estates, jealouly preserved the opposite principle. It was sui generis: unlike the gavel kind of Kent, where the acquirer may devise his esstate to whom he will; and more unlike the law of our state (New-york) where all is equitably distributed amongst sons and daughters. It was besides in barefaced violation of the treaty of Limerick, which was ratified by the king and queen, and Lords Justices, and guaranteed to all who were then in arms, their rights, titles, privileges and immunities, as by the laws theretofore in force. The whole of these laws to restrain the growth of popery; and which have made popery grow so much, were besides, their intrinsic enormity tainted with that odious stain of perfidy, and shew how safer it is to fight than to treat with implacable oppressors.
2. Apn. c. 6. §. 12. If the heir at law of a papist, be a protestant, he must enrol a certificate of that matter in chancery; if a papist he has a year, within which, if he renounce his religion, he may have his land.
English Stat. 1. App. S. 1. c. 32. §. 7. enacts, that the lands there. tofore, forfeited and vested in trustees, should be sold to Protestants only, and if any title in the same shallaccrue to any papist, he must renounce his religion, or as it was commonly expressed, the errors of the church of Rome, in order to enjoy the estate, and if any make or assign a lease to a papist, both grantor and grantee, to forfeit treble the yearly value; with the exception of a cottage or cabin, with two acres of land to a day labourer; and any Protestant, might file a bill of discovery against any person supposed privy to any trust, to which neither plea, nor demurrer was allowed, and on trial of any issue, pone to be jurors but Protestants.
See further under the titles Education, Parents and Children, Marriage, &c. It is remarkable that these ferocious acts, as Mr. Burke has termed them, to prevent the further growth of popery, conduced more to the growth of it, than any other martyrdom in history.
RESIDENCE AND LOCOMMOTION.
2. Ann. c. 6. §. 23. No
papists or profess the Popish religion, shall come to inhabit in the city or suburbs of Limerick or Gallway, after the 24th of March 1703. And all then residing there to give sureties for their faithful bearing towards the crown: not to hinder seamen, fishermen, or day labourers, from dwelling within the suburds of those towns in houses worth forty shillings a year or under.
See further, title “ Religion and Clergy."
2. Ann. Stat. 1. C. 6. Papists who shall vote for members of parliament, without having abjured six months previously, to forfeit 1001. which the informer and the Queen are to divide, share and share alike.
1. 2. Geo. 1. c. 6. No papist to vote at a vestry for paving or lighting, except they be church-wardens, and then to have no vote for building or repairing churches.
6 Ann. c. 655. No papist to be on any jury iu K. B. assizes, oyer and terminer, goal delivery, or sessions, unless where a sufficient pum: ber of protestants cannot be had, and in all trials under the popery laws, the prosecutor may challenge any papist juror.
It seems as if every sacred principle of law was selected for the purpose of being profaned by these inhuman and iniquitous legislators. Aliens are entitled to a jury half aliens; but Catholics were to be thrown on the mercy of their persecutors.
For this head, see the various other titles and disabilities there stated, and remark that Roman Catholic parents, were disqualified not only from being guardians to the children of others, but to their own; and liable to see their children taken from their arms, and committed, to the bitterest of their enemies, who had it in charge by statute, to labour for their conversion, from the religiou of their parents.
8. Ann. c. 3. F. 37. No papist who is or shall be permitted to follow any trade, craft or mystery (except hemp or flaxen manufactory) to have two apprentices, nor any for a less time than 7 years, on pain of 100l.
25 Geo. 3. C. 48. § 11 and 12. The 40001. granted by this act, to be expended in apprentice fees, for apprentices taken from charter schools or hospitals, to protestant tradesmen only. See title Army, Arms, and Self-defence.
No person making locks or barrels for fire-arms, or swords, bayonets, skeins, knives, or other weapons, shall instruct an apprentice of the popish religion on pain of 201. one moiety to the king, and one to the informer, and the indentures of apprenticeship shall be void, and such apprentice exercising, to suffer the like penalty, and refusing to take the oaths shall amount to a conviction.
ARMY, ARMS, AND SELF DEFENCE.
7 W. 3 St. 1. c. 5. § 1, 2, 3. All papists to deliver up their arms and ammunition, of what kind soever, in possession or held in trust for them, and all mayors, justices, &c. to issue warrants to search for and seize the same in any suspected house or place; and any person suspected of concealing arms, to be brought and examined upon oath; such as neglect to appear and submit to this examination, if a peer or peeress, to forfeit for the first offence 100l., for the second a premuniere; if under the degree of peer or peeress 30l. and one year's imprisonment, and as much longer as the fine remains unpaid, and for the second offencé a premudire.
The informer and the king to have equal parts in the penalties, which they may recover from the peer or peeress by an action of debt, in which no essoign, &c. shall be allowed.
Any nobleman or gentleman 'making proof to the Lord Lieutenant and council that on the 3d of October, 1691, he was an inhabitant of Limerick or other garrison in possession of the Irish, or officer or soldier of the late King James, or commissioned officers in the king's quarters, belonging to the Irish regiments then in being which were treated with, and hath not since refused to take the oaths, &c. when tendered to him; or if he be a gentleman of estate, then belongiog to
the town of Gallway, such persons may keep a sword, a case of pistols, and a gun, for the defence of his house.
12 Geo. 2. c. 6. § 1, 2, 3, 14, 15, 16, extends the above powers to every justice and chief magistrate of corporate towns, and imposes the fine of a peer or peeress for the first offence, encreasiug it to 300l. and of every other person to 50l. and punishes the magistrate with a fine of 201. for every neglect. And no papist, under any pretence whatever, to have any warlike stores, swordblade, barrel-lock, or stock of guns, or fire-arms, on pain of 401, to the informer, and one year's imprisonment and afterwards, till the money be paid; and if a papist servant keep any such thing by consent of his master, the master to be deemed a papist and suffer the pains,
15 & 16 Geo, 3.c. 21 $ 15. One or more justices and chief magistrates of towns and cities, or sheriffs, shall, as well by night as by day, search for and seize arms or ammunition, and enter dwelling-houses, out-houses, or offices, or other place belonging to a papist, or person suspected of concealing any such, and on suspicion after search, may summon and examine on oath the person suspected, and inflict for refusal to discover upon oath, fine, imprisonment, whipping, or pillory, at their discretion.
2 G. 1. c. 9 9 16. Every papist must send a fit protestant to serve in the militia, or forfeit double what a protestant would in case of nonattendance.
$ 18. And pay towards the militia double what a protestant pays. 8 G. 1. c. 11. 6. 4. 201. to be levied by presentment upon
роpish inhabitants for refreshments to the protestant militia on the days appointed for turning out.
1 G. 1. c. 47. Any papist enlisted in the army without a testimonial that he has renounced his religion, or declared to the officer or soldier enlisting him, that he was a papist, to suffer such corporal punishment, not extending to life or limb, as a court martial shall think proper to inflict.
10. W. 3. S. 2. c. 8. 9. 4. No papist to be a fowler even for a Protestant, and any gun found with him though belonging to a Protestaat, shall to the informer.