Roman Catholic house-keepers were obliged to find fit Protestant substitutes for militia duty; and, in case of neglect or refusal, to pay double the fine imposed on Protestants;* and likewise to pay, towards the support of the militia, double what the Protestants paid.† No Catholics were allowed to purchase any part of the forfeited estates; nor to inherit, take, make title to, by descent, purchase, limitation, devise, or other conveyance, or to have, hold, or enjoy any such estates. They were even prohiyears but the same (where the person intituled to, or having the guardianship of, such child, is or shall be a Papist) shall be disposed of by chancery to some near relation of such orphan, &c. being a Protestant, to whom the estate cannot descend. "If any Papist shall take upon him the guardianship or tuition of any orphan or child, contrary to this act, he shall forfeit 500l. to be recovered by action of debt."580 * "The lieutenants, &c. or the major part of them, may cause to be raised upon the Popish inhabitants, and upon every person who shall refuse to take the oath of abjuration, (which oath any justice of the peace may administer) double the sum they should have paid by virtue of this act, in case they had been Protestants."581 "In case such Papist shall neglect or refuse to find such sufficient man, he shall forfeit double the sum as a Protestant should forfeit, in case such Protestant should neglect to attend the service of the militia, when thereunto required, by beat of drum or sound of trumpet, as aforesaid."582 "Leases of the premises to be made to Protestants only, at the full improved rent, without any fine. Leases to or in trust for Papists, or assigned to them, to be void, and the lessor, as582 Idem, 407. 580 Robins, 454. 581 Idem, 409. bited from taking them on leases for lives or years. Roman Catholics were prohibited, in 1702, from buying or purchasing, in their own names, or in the names of others to their use, any lands, or rents and profits out of the same, other than for a term not exceeding thirty-one years.* No Roman Catholic could be elected mayor, bailiff, sovereign, portrieff, burgomaster, recorder, sheriff, treasurer, alderman, town-clerk, burgess, common council-man, within any city, walled town, or corporation; nor be nominated, appointed, presented, or sworn, as high constable, in any barony or half-barony; or as petty constable, in any manor, ward, parish, constablewick, or place within the kingdom: but was to be proportionably taxed to support the same.583 Some portions of this code appear so gratuitously wicked and profligate, that it is difficult even to conjecture what could have been the object of the miscreants by whom they were en signor, and lessee or assignee, accepting or occupying such lands, to forfeit treble the yearly value."584 *"Every Papist, after the time aforesaid, shall be disabled to purchase, either in his own name or in the name of any other, to his use or in trust for him, any manors, lands, hereditaments, or any rents or profits out of the same, or any leases or terms thereof, other than for a term of years not exceeding thirty-one years, whereon a rent, not less than two-thirds of the improved yearly value at the time of making such lease, shall be reserved and made payable during such term."'585 583 2 Geo. I. xii. 584 Robins, 26. 585 Idem, 454. acted. So late as the year 1745, it was provided, that all marriages celebrated by a Roman Catholic clergyman, between two Protestants, or between a Protestant and a Roman Catholic, should be null and void, to all intents and purposes, without any process, judgment, or sentence of the law whatsoever.* To what a hideous flood of licentiousness; what overwhelming immorality; what bastardizing of children; what uncertainty of inheritance, must this vile law have given rise! Justices of peace might summon any person, suspected of having been married by a Roman Catholic priest, or been present at such marriage; and if such person refused to attend, or to be examined, or to enter into recognizance to prosecute, he was liable to three years imprisonment.586 Dreading lest the piratical and sanguinary system they were establishing should lead to insurrection, in which they might meet the fate their tyranny deserved, the "ascendency" early determined to secure themselves from that consequence, by robbing and plundering the Catholics *"After the first of May, 1746, every marriage celebrated by a Popish priest, between a Papist and any person who hath been, or hath professed himself or herself to be a Protestant, at any time within twelve months of such celebration of marriage, or between two Protestants, shall be null and void, to all intents and purposes, without any process, judgment, or sentence of the law whatsoever."587 596 Robins, 389. 587 2 Geo. II. xiii. 19. of their arms;* thus in a manner tying them neck and heels, and laying them prostrate at their mercy. The laws on this point, which was regarded as vital to the security of the tyrants, were of the most extraordinary rigour. Two justices of the peace might summon before them any Catholics, from the peer or peeress to the lowest peasant, and examine them, on oath, not merely on the subject of arms in their own possession, but oblige them to turn informers against their parents, children, friends, and neighbours; and if they refused to appear, or, on appearing, refused to give evidence, or turn informers, peers and peeresses were subject to a penalty of three hundred pounds, for the first offence; and for the second, to imprisonment for life, and forfeiture of all their goods!!† "All Papists within this kingdom of Ireland, before the 1st of March next, shall discover and deliver up to some justice of the peace, all their arms, armour, and ammunition, of what kind soever, in their possession; and after that time, any two or more justices of the peace, within their respective limits, and all mayors, sheriffs and chief officers of cities, &c. in their liberties, by themselves or their warrants, under their hands and seals, may search for, seize, or cause to be searched for and seized, and take into their custody, all such arms, &c. as shall be concealed in any house, lodging or other places where they suspect any such to be."588 "Two justices of peace, or the magistrate of any corporation, are empowered to summon before them any persons whatsoever, to tender them an oath, by which they oblige 588 Robins, 448. By this law, the best man in the land might be summoned by two justices of the peace, at the instance of the lowest scoundrel, and an oath tendered to him to inform against his nearest or dearest friend. The same oath might be tendered to him a second time, within an hour; and if he refused both times, he was, ipso facto, liable to be robbed of his goods, and subject to imprisonment for life!! Lest there should be any scruples of conscience among the justices, which might prevent their activity in the enforcement of such a system of rapine, any magistrate who should neglect or refuse to perform the duties it imposed on him, was subject to fifty pounds penalty.* All wise legislators justly hold, that one of their most important duties is to provide for the instruction and illumination of the people, under a them to discover all persons who have any arms concealed, contrary to law. Their refusal or declining to appear, or, on appearing, their refusal to inform, subjects them to the severest penalties. If peers or peeresses are summoned, (for they may be summoned by the bailiff of a corporation of six cottages) to perform this honourable service, and they refuse to inform, the first offence is 300l. penalty; the second is premunire, that is to say, imprisonment for life, and forfeiture of all their goods. Persons of an inferior order are for the first offence fined 30%. for the second, they too are subjected to premunire.”589 "If any justice or justices of peace, mayor, &c. neglect or refuse to execute any the powers which they are required by this act to put in execution, every such justice shall forfeit, for every such offence, the sum of 501."590 589 Burke, V. 195. 890 Robins, 459. |