any confessor break the trust reposed in him, he shall be immediately deprived of his sacerdotal functions, and be condemned to perpetual penance. Such being the catholic doctrine relative to confession, how dreadful in its consequences to morality, and abhorrent in its nature to every principle of sound reason, must that law be which inflicts the punishment of imprisonment on those who will not abjure the most solemn ties of their religion, and divulge those secrets they are bound to keep close within their own breast! The inquisition itself does not certainly present a system more tyrannical and oppressive, or more truly deserving the detestation of every liberal and enlightened mind, than the practice authorized by the law of compelling the catholic clergy to deliver, as evidence in courts of judicature, the spiritual acknowledgments of any individual among their flocks. Is it not then matter of astonishment that such a practice actually exists at this moment in Ireland, and that several catholic priests have within these few years, suffered the most rigorous treatment, even from judges in the higher courts, for no other crime but that of refusing to sacrifice to their wishes the conscientious feelings of morality, honour and religion?*

The catholic clergy are further aggrieved as being liable to punishment in a civil action for excommunicating unworthy members of their own communion. In defence of this law, it is said that the catholic clergy frequently make excommunication the punishment of very trivial offences. This, however, is not the fact, nor is the punishment itself so grievous as is generally imagined. In truth it amounts to no more than the "separation of a christian leading a disorderly life, disgracing his profession, from the christian congregation, and the banishment of such person from the

This conduct towards the catholic clergy must appear particularly oppressive and insulting, when it is considered that barristers and attorneys are exempted from any obligation to answer questions tending to disclose any confidence reposed in them by their clients. Indeed, they are not even permitted to reply to such questions, even though they should be so inclined.-Peake's Evidence, 177---8.

church." It does not in the smallest degree affect his tem poral concerns more than the removal of a member of any other religious society. An excommunicated catholic retains his full claim to all the offices of charity, to relief in his necessities, to employment for his industry, and, in fine, to the maintenance of all the ordinary relations of life. Is it fair, then, that the catholic clergy should not have the power, which every other religious sect enjoys, of expelling unworthy members from their spiritual communion, into which none ought to be admitted but such as are pure of heart? Certainly not. Yet it is a fact that many decisions exist, of recent date, declaring this species of jurisdiction obnoxious to the laws, and punishable equally with defamation.

While every other denomination of religionists are protected by an express act of parliament from any disturbance during the exercise of their public worship, the catholic is left exposed to insult from any individual, or set of individuals who may be audacious enough to attempt it. This observation, it ought to be remarked, is only applicable to Ireland, for in England the catholic worship is equally protected as the worship of dissenters.*

The catholic clergyman, who is bound by his vows to a life of celibacy, and is usually in narrow circumstances, is nevertheless held liable to the payment of the bachelor tax, which was, doubtless, intended to bear against persons more able to contribute to the public revenue, and more likely to be compelled by it to enter into matrimony. The extreme hardship of this tax must be evident to every one. It is a tax upon religious conscience, and of course a violation of the Toleration Act.

Again, the Catholic priest, in times of public commotion, is compelled to perform the duties of a peace officer. On an occurrence of this kind the legal magistrate taking it for granted that the catholic clergyman is acquainted with all the secrets of his parishioners, immediately applies to him, and informs him, probably in a menacing tone, that he holds him responsible for their good conduct and loyalty. He requires him to devote his time and attention to the discover

• 31 Geo. III. cap. 32.

ing stolen property, denouncing felons, advertising rewards, &c., matters with which the clerical profession ought to have no concern. Should he refuse the ungrateful task, his personal safety is endangered; and even should he perform it with the utmost faithfulness, and make useful discoveries, no compensation, profit or reward await him; not even barren thanks or approbation.

Neither does the law permit the permanent endowment of any catholic clergymen,* house of worship, school house, or other pious or charitable foundation for catholics. Nay, not only does it prohibit such endowments, but it compels the poor depressed catholic to support the clergy of the protestant establishment, and contribute his full share to the maintenance of their churches,+ as well as of their institutions for education, and the relief of the poor. Moreover, no person, whether catholic or not, can give or grant any lands, money, or other property, for any of the purposes above-mentioned, as all such gifts or grants are illegal, both by ancient statute and by the general policy of the law with regard to catholics. How dreadful the imputation against protestants, that they take delight in crushing the efforts of benevolence, and debasing the human understanding! How strange that the supposed persecuting spirit of catholicism should form the great argument against catholic emancipation, and yet that protestants should not be ashamed to persecute with the most

* Till the year 1810, indeed, the catholic priest was not allowed by law any remuneration for his arduous attention to his religious duties in hospitals, asylums, gaols, workhouses, or such like establishments. That year, however, a statute was passed allowing a certain limited compensation for officiating in county gaols: but owing to the manner in which the matter is conducted by the grand jury, who nominate the chaplain, it has in many instances proved an injury, instead of an advantage, by exciting discord between them and the catholic bishop of the district.

Mirari se aiebat, quod non rideret haruspex, cum haruspicem vidisset. I wonder how one of our priests can forbear laughing when be sees another priest said Cato the Censor ;-(Cic. Oper. Ed. Gron. p. 3806.) and I have often been similarly surprised that any of our corpulent bishops or plump vicars can face a Catholic clergyman, or a dissenting minister, without blushing!

barbarous violence the noblest principles that can animate the breast of man-christian charity and the desire of knowledge!*

Of the Laws which exclude Catholics from any Share in the Legislature, from Municipal Offices, and Offices connected with the Profession and Administration of the Laws.

Prior to the year 1692, catholics were admissible, by law, into both Houses of legislature in Ireland. This year, however, it was enacted by an English statute, "That no person who shall be a peer of the realm, or member of the House of Peers, shall vote or make his proxy in the House of Ireland, or sit there during any debate in the said House of Peers. And that no person who shall be a member of the House of Commons of Ireland shall vote in the House of Commons, or sit there during any debate after the Speaker is chosen, unless he shall first take the oaths of allegiance and supremacy, and make and subscribe the declaration in the said act mentioned (namely, 30 Cha. 2. stat. 2. ch. i,) against transubstantiation, the sacrifice of the mass, idolatry of the church of Rome, invocation of the Virgin Mary, or the saints, &c." And it is further directed, that "If any peer or commoner offend against this act, he becomes subject to a penalty of 5001., recoverable by any common informer, and to all the punishments of a popish recusant convict: "To a disability of holding any office or place of trust under the Crown, civil or military; of suing or defending himself in any action or suit at law or in equity; of being executor or guardian, or taking any legacy or deed of gift, &c. &c."+

This act was evidently an assumption of jurisdiction over Ireland, on the part of the English Parliament, to which they were not in any shape legally entitled. It was nevertheless

As a proper explanation of the laws on this subject would require more detail than the limits of this work will admit of, the reader is referred for a complete view of them to the "Statement of the Penal Laws" already mentioned, p, 40-58.

f 3 William and Mary, ch. 2. Engl.

acquiesced in by the Parliament of the latter country, as may be presumed from the tenor of a statute enacted by them in 1697, whereby a catholic, marrying a protestant, was disabled from sitting or voting in either House of Parliament. For it cannot be supposed they would have placed a protestant so marrying in a worse situation than that of a catholic peer or commoner, which would have been the case, if the latter had not been deemed fully excluded by the English enactment. Moreover, to prevent all doubt relative to this question, the Irish Parliament enacted in 1782, (when the English legislature solemnly renounced their jurisdiction in Ireland) "That all clauses in English statutes relating to the taking of oaths or making or subscribing any declaration or affirmation in Ireland, or to penalties or disabilities in cases of omission, shall be in force in Ireland, according to their present tenor. In 1793, they renewed their vigilance by an enactment of similar import, so that the doors of Parlia ment have now been cautiously shut against catholics for somewhat more than 120 years.↑

*

But catholics are not merely excluded from seats in either House of Parliament; they do not even enjoy the full privilege of voting for protestant representatives, which might, perhaps, be some slight alleviation of their legislative bondage. In 1727, a statute was passed, in which it was enacted, "That no catholic shall be entitled to vote at the election of any member to serve in Parliament as a knight, citizen or

33 Geo. III. ch. 21, sec. 9.

+ The oppressive operation of these laws is not confined to the mere exclusion of catholics from a share in the legislature, though that cir. cumstance alone, considering the nature of the British constitution, is an oppression of the harshest kind. They further tend to degrade the catholic nobility, and powerfully repress the laudable ambition of thousands who might become ornaments to their country, were they permitted to share in all its honours. It is by patronage and parliamentary influence that situations and offices are chiefly to be obtained in this country; but these aids being denied to catholics, and entirely in the hands of protestants, it is clear that the former have little chance of attaining any appointment worthy of the exertion of splendid talents, or of an elevated mind.