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on oath, the true value of his real and perfonal eftate, over and above all bonâ fidé incumbrances; neither is the chancellor enabled by the 8th of Anne to make any decree on fuch bill, fave fuch decree as he was enabled to make by the act of the 2d of Anne; and he is alfo particularly restrained during the life of the catholic parent from giving more to his proteftant conforming child or children, for fupport and maintenance, than one-third of the perfonal and real estate of the parent, and he was left at liberty to give as much lefs as he in his difcretion might think fit. It is admitted, that real eftates of catholics are exempted from any charge for their conforming children, by the laws fome time fince enacted in this kingdom; but, it is fuggefted, that their perfonal eftates are ftill liable, which fuggeftion is founded on the following quibble: By the act of the 17th and 18th of his prefent majefty it is enacted, "That no maintenance or portion fhall be granted to any child of a popish parent, upon a bill filed against fuch parent, pursuant to the act of the 2d of Queen Anne, out of "the perfonal property of fuch papist, except out "of fuch leafes which papifts may hereafter take "under the powers granted in the act of the 17th " and 18th of his majefty; any thing contained in any act or ftatute to the contrary in anywife notwithstanding." The quibble is thus; this act exemps the perfonal eftate of catholics from maintenances and portions, which heretofore might have been decreed, on a bill filed under the act of the 2d of Anne, and not from maintenances and portions which may be yet decreed, on a bill filed under the act of the 8th of Anne, for it does not at all mention the 8th of Anne; but, I truft, I have already fhewn that the bill given to a conforming child under the 2d of Anne, is the very fame bill given under the 8th of Anne, that both acts are to be confidered as different parts of one act only

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and that, if the chancellor is prohibited by the 17th and 18th of his prefent majefty, from giving any portion or maintenance to the conforming child of a catholic, on a bill filed by fuch conforming child, pursuant to the 2d of Anne; he is alfo prohibited from giving any portion or maintenance to the

conforming child, on a bill filed under the 8th of Anne; for both bills are one and the fame bill, with refpect to their scope and prayer, and the relief to be given upon them. It is impoffible to form a bill for maintenance and portion under the 8th of Anne, which will not alfo be a bill for the fame purpose, under the 2d of Anne. And the words in the recited claufe of the 17th and 18th of his prefent majesty, any thing contained in any act or "ftatute to the contrary notwithstanding," form a fweeping clause, including the 8th of Anne, and every other statute, if any there is, which could in any manner ferve to countenance the quibble: Leafes for long terms of years taken by catholics, between the year 1778 and 1782, are liable yet to maintenance and portions for conforming children; but catholics may eafily prevent it, either by felling fuch leafes, or furrendering them, and taking new ones for the remainder of the terms. No instance can be given of any bill filed in chancery by a conforming child against a catholic pa rent, for portion and maintenance, fince the year 1778; which is a proof, if one was wanted, that no fuch bill is maintainable: and the catholics of Ireland may rest affured, that they have full power and authority, as the laws now ftand, to ftarve their conforming children, who depend on them for fupport, if any of them hereafter fhall dare to conform to the proteftant religion.

The two next paragraphs ftate, the exclufion of catholics from grand juries, unless there be a deficiency of proteftants; and from petit juries in fome

cafes;

cafes; and the confequences, deduced in the petition, of this exclufion, from a mass of exaggerated mifreprefentations and falfehood. Of their exclufion from grand juries, they ftate the following hardships as the confequences,

First, That they are deprived of that humane and equitable principle of the law, which fays, that no man fhall be convicted of any capital offence, unless by the concurring verdicts of two juries of his neighbours and equals.

Secondly, that they are thereby deprived of the great palladium of the conflitution, trial by their peers.

And thirdly, That it is manifeft injuftice, to have their property taxed in affeffments, by a body from which they are formally excluded."

As to the firft fuggefted hardship, it is a falfehood. There is no principle of the law which fays, that no man fhall be convicted of any capital offence,

unlefs by the concurring verdicts of two juriesce,

of his neighbours and equals; the verdict of one jury of twelve men, will convict or acquit any person who is tried before them for a capital crime; and neither catholic or proteftant commoner, can be convict, ed of any crime, capital or otherwife, except by the verdict of twelve men, his neighbours and equals, (that is, twelve commoners, his peers,) given upon his trial. This falfehood, I fuppofe, they will attempt to fupport by a paffage in Blackstone's Commentaries, miftated by them, and perhaps mifunderstood, which is as follows: "That no man can be convicted at the fuit of the King, of any capital offence, unless by the unanimous voice, (not verdict) of twenty-four of his equals, and neighbours; that is, by twelve at leaft of the grand jury, in the firft place, affenting to the accufation, and afterwards, by the whole petit jury of twelve more, finding hur guilty on his

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"trial." And in the preceding page, the fame author ftates, "That the grand jury are only to hear " evidence on behalf of the profecution; for finding an indictment, is only in the nature of an enquiry "or accufation, which is afterwards to be tried and "determined; and the grand jury are only to enquire upon their oaths, whether there be fufficient "caufe to call upon the party to anfwer it;" Thus it is evident, that a grand jury tries no man, and gives no verdi. Catholics have the fame advantage as proteftants of that maxim of law, that no man can be convicted of any capital offence, except by the unanimous voice of twenty-four of his neighbours and peers; that is, by the affent of twelve grand jurors, all commoners, to the propriety of putting the indictment or the accufation into a way of trial, and to the determination of his guilt, by twelve petit jurors, all commoners alfo, and his peers, on their oaths on the trial, which is called a verdict : And no catholic can be found guilty of any capital offence, except by the unanimous voice of twenty-four of his neighbours and

peers.

The fecond hardfhip complained of, by the exclufion of catholics from grand juries, is alfo a notorious falfehood, viz. that catholics are deprived thereby of a trial by their peers; for a grand jury tries no man, but only puts him upon his trial, and catholics, as well as proteftants, can be only tried by their peers; unless the ridiculous affertion fhall be maintained, that proteftant and catholic commoners are not peers to each other, in the legal fenfe of the word peers; and catholics may ferve indifferently with proteftants, in all petit juries, for the trial of all offences, whether capital or other-. wife, except offences under the popery laws, fuch as enlifting men for foreign fervice, &c. in which cafes, it would be the highest abfurdity to fuffer O catholics

catholics to ferve on petit juries, to try perfons for crimes, of which they themfelves are daily guilty.

The third hardship deduced by the petition from the exclufion of catholics from grand juries is, that it is manifeft injustice to have their property taxed in affeffments by the grand juries, from which they are formally excluded; grand juries are felected from among the principal gentlemen of the counties at the difcretion of the fheriffs, they cannot exceed twenty-three in number, and are not elected, they are impowered by law to lay affeffiments on the landholders of the counties, for county purposes; all the landholders without diftinction are fubject to the payment of their feveral proportions of thefe affeffments, which are generally apportioned by the number of acres they refpectively occupy; the grand jurors themfelves pay as well as others; and all the proteftants of a county who are not grand jurors, have as much reafon to complain of these affeffments as the Roman Catholics.

The hardship which the catholics deduce from their exclufion in fome cafes from petit juries is, that they are in a worfe condition in their native country than aliens, for aliens may demand an equitable privilege denied to catholics, of having half their jury aliens like themselves. The exaggeration contained in this complaint is remarkable; they reprefent themselves in every cafe which can come to be tried before a jury, as in a worse condition than aliens, though they are not excluded from serving on petit juries on any civil cafe, except on trials of actions between proteftants and catholics; and that too, provided they are challenged, and the challenge proved; and they well know that fuch challenges are very feldom made, nor are they excluded from ferving on petit juries on the trial of any criminal matter whatsoever, except on the trial of offences under the popery laws; in which cafes,

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