force in England, which have not been enacted CHAP. I. in Ireland; namely the Statute of the 1 Ed. 6. Catholic enc. 14, and that of 9 Geo. 2, c. 35, English. orbidden. Of these we shall treat presently. However, we apprehend that the following view of the Law of Charities in Ireland will be found correct. First, as to Donations of Lands; and Secondly, as to Donations of Money, or other personal property. dowments, &c. Lands. 7 Ed. 1,Stat.2, ch. 5, English. 1. As to Donations of Lands.---By the English Donations of Statutes of 7 Ed. 1. Stat. 2. and 15 Richard 2. c. 5. (which, being previous to the 10 Hen. 7, are in force in Ireland) it was enacted, That "No Corporation, civil or Religious, Mortmain acts "should purchase any Lands in Mortmain, 15 Richard 2, "under penalty of forfeiture of the Lands "purchased," That is to say, that no Religious House, or any Bishop, Priest, &c. for himself and his successors, should, or could, take any Interest in Land, &c. for support of the House, or of the Bishop, Priest, &c. for the time being, and his Successors. Thus, Gifts of Land to Corporations, Civil and Religious, and purchases by or for them, were declared generally void. However, subsequent exceptions have made, by express Statutes, in favor of been Exception to Mortmain acts in favor of Pro certain testant chari ties. CHAP. I. Protestant institutions, and of such Corporations as the King may think Catholic endowments, &c. forbidden. 10 Charl.1, Sec. 3, ch. 1. Nearly similar to the English proper to license. For, in 1634, it was enacted by the Parliament of Ireland, that " All Archbishops and Bishops "in Ireland may be compelled in Chancery, or "by Petition to the Council Board, to execute Statute of 43 Trusts and Conveyances to them, of Lands or hereditaments," for certain purposes specified Eliz. ch. 1, but mutilated on the Roll. 10 and11 Charl. 4, ch. 2. 15 Charl. 1, ch. 11, 2 Anue, ch. 10 by the Act, which alone are thereby declared to be lawful and Charitable purposes; such as building and repairing Protestant Churches, Colleges, Schools, or Hospitals, Bridges or Highways, Maintenance of Ministers and Preachers, &c. This Statute legalizes the several institutions and public purposes therein enumerated; and subsequent Statutes have also, upon the same principle, dispensed with the Mortmain Acts in favor of various kinds of Donations. As, of Impropriations of Protestant benefices, glebes, tythes, and other rights, heretofore deemed ecclesiastical, to be granted to the Protestant Clergy. Endowments of Churches with Glebe Lands. Grants to various Protestant Corporate Bodies, by force of several Statutes enacted from the year and 19.4 Geo. 1704 to the present time; and empowering those 1, ch. 14, 10. Geo. 1, ch. 7. 11 and 12 Geo. Corporations to take and purchase Lands, in per 3 ch. 11. 15. and 16 Geo. 3, petuity, for the Maintenance of themselves and of ch.38, &c. &c. their Successors, and for the permanent support and CHAP 1, prosecution of the purposes, for which those Cor- Catholic enporations were respectively formed. dowments, &c forbidden. 81. Stat. 7 and 8 Finally, in 1792, an Act was passed, whereby 32 Geo. 3. ch. "His Majesty, his heirs and Successors, are au"thorized to grant Licences to any person, body, Similar to the politic or corporate, to grant or to purchase, ac- Will. 3. ch. 37 quire, or take Lands in Mortmain:" that is, in the manner forbidden by the old Mortmain Acts, already mentioned. 66 66 English. Thus, the prohibition being general, and the exceptions limited to Protestant institutions, or to such lawful purposes as the Crown may direct, it follows,that the Catholics alone remain, at this day, No exception disabled from endowing any of their Charities with main acts in any Lands, or Interests in Lands: and this in three lic charities. ways, viz. from the Mort favor of Catho No Catholic, 1. If a person were to grant Lands to a Catholic Charity---as, for the maintenance of the Pastor, corporatio n capable of ta the support of the Chapel, school, &c. there exists kingLands, &c. no Catholic Corporation, civil or religious, legally competent to take such Lands in trust, or compe other purpose for the Law does not : tent to any 2. Even if there did exist a Catholic Corpora- No licence from the crown tion, it could not take Lands without a License in their favour. CHAP. I. from the Crown: and, under the present system of Penal Laws, such a Licence is not to be expected. Catholic endowments, &c. forbidden. 3. If a Catholic Corporation were even to obCatholic chari-tain such a licence, it would not (neither would any ties not a good. by Law. Post p. 48. charitable use, individual) be enabled to take Lands for any other than Charitable and lawful purposes, as recognized by existing Law. Now there is every reason to apprehend (as we shall presently show) that it would not be deemed a good Charitable use, within the policy of the Law, to apply the income of such Lands towards the support of Catholic Clergy, schools, or similar foundations. Donations of money, &c. Not expressly probibited in Statute. II. As to Donations of Money, or of other sonal property. per 1. It is true, that Donations of this na Ireland by any ture, for the permanent Support of Catholic Charities, do not appear to be prohibited by the express Letter of any Statute, enacted in Ireland. English Stat. 1 In England, indeed, such Donations are declared illegal, by a celebrated Statute (enacted in the infancy of the Reformation) which enumerates a great variety of Gifts and Charities of this nature, Prohibited by terms them Superstitious uses, and vests them in the tutes in Eng- King, who is empowered to direct and appoint them "in eodem genere,"--so as that they can never express Sta land. And appropri tant charities. ated to Protes- revert to the Donor or his representatives, but are to be appropriated to Protestant Institutions. dowments, &c. By this Statute, a Superstititious Use is defined CHAP. I. to be, "Where Lands, Tenements, Rents, Goods, Catholic en"or Chattels are given, secured, or appointed for forbidden. "or towards, the Maintenance of a Priest or Chap- Definition of a superstitious "lain, to say Mass; of a Priest or other man to pray "for the souls of the Dead or of any Dead person-- "or to maintain perpetual Obits, Lamps, &c. to be "used at prayers for Souls:" these, and such like, are Superstitious uses. use. abridgment, Cro. Jam. 51, Now, it is laid down that not only by force of Bacon's this Statute, and of other Statutes, (as 15 Rich vol. 1. 581. 2, c. 5. 23 Hen. 8. c. 10. 37 so generally as Head of the trusted by the common Law, to see that nothing is done in maintenance or propagation of a false Religion---the King is entitled to all such Grants, Gifts, &c. so as to appropriate them to other uses, that are held lawful and truly Charitable. Hen. 8, c. 4.) but al- 4 Co. Rep.104. 2. If such, then be the established principles of the Common law, they must guide courts of Justice in Ireland, as well as in England. And it follows, that all gifts and grants of Lands, Money or Goods, in Ireland, to or for the support of a Catholic Pastor of a parish, &c. are as fully comprehended in the prohibition, as if the Statute of Edw. 6, had been enacted in Ireland. Obnoxious to the common Law. |