Moreover, it may be observed that there are a variety of situations, which though termed ecclesiastical offices, have nevertheless extensive temporal jurisdiction attached to them, from all which catholics are excluded. Of this nature are those which decide upon. questions of wills, of personal pro perty, marriage, tithes, and other incidental subjects of mo ment. Such are the offices of vicars general of the 26 dioceses of Ireland, the court of delegates, prerogative court, metropolitan court, consistorial court, &c.*

Advocates and proctors in these courts are subject to the same regulation. Thus are there, on the whole, one hundred and sixty legal offices of honour and emolument inaccessible to catholic barristers, while they are wholly open to protestants, and fifteen hundred more reserved solely for the ruling class to the exclusion of catholic students, solicitors, attor neys, clerks, &c.

But mere exclusion from the offices of the law is but a small part of the evil arising to catholics from the anti-catholic system on this subject. It affects not only their preferment, but absolutely endangers their property, their personal liberty, and even their lives. Thus, for example, a lord chancellor may discover that the greater part of the landed property in the country belongs to catholics; and that it increases annually. He may likewise observe that their tenures are mostly derivative interests, held by virtue of leases

or.

for renewals of leases, under ancient and low rents. Zealous, for the protestant establishment, therefore, he may even conscientiously assume it to be his duty upon principles of public policy to favour the protestants, and repress the catholics; and accordingly to lean towards the landlord, and ́ against the tenant. Under these impressions he may introduce for this purpose a novel system of judicial decisions on the subject of leases, which might induce a general disposition towards lease-breaking, and thus involve the catholic tepantry in ruinous litigations, and eventually effect a partial subversion of leasehold property throughout the country.

*These offices are about 50 in number.

A lord chancellor might likewise exercise the great discretionary powers with which he is invested to the great injury of the catholics. Having the general superintendence of the commissions of the peace, he may carefully avoid nominating a single catholic to the commission, however qualified either by property or high character, lest it might seem like an encouragement of his religious tenets. The same principle may influence him also in the nomination of guardians to catholic children. He may remove the latter from catholic schools, and prohibit all intercourse between them and their kindred.

影

These observations may be applied with equal, if not with greater force, to other temporal courts. And particularly to the Court of King's Bench, in actions between the Crown and any catholic individual, who may be prosecuted for high treason, a breach of the peace, a public libel, or such like offences; also in disputes between catholics and a corporation.

With respect to ecclesiastical courts, to notice what might be done there, in the event of an over-zealous judge being seated on the bench, is unnecessary. The gross partiality evinced in many of them is notorious, and has frequently been the theme of parliamentary eloquence. Mr. Grattan, speaking of the Vicar's Court, says, "The constitution of the Court is such that none but a partial judge has ever been known to preside there." Objections to the competency of witnesses are of no avail, even though their bias and corruption are clearly manifest. Many instances have been proved by the illustrious patriot above-mentioned, in which not merely the tenth, but a fourth of the produce of the industrious husbandman has been extorted from him under the sanction of this court, through the infamy of the proctor, and the hostility of the judge to catholic principles; which too frequently leads him to forget the most sacred precept of our religion: "Do JUSTICE, LOVE MERCY, and walk humbly before God."

Did the limits of his work permit, the author could extend this Chapter to the size of a volume, so manifold are the grievances of which catholics have to complain relative to

the administration of justice in all its parts. As, however, he must necessarily confine himself within narrow bounds, he shall conclude this particular head with a very few further remarks on the subject of Juries, so justly regarded by Englishmen as the bulwark of their liberties.

The offices of sheriff and sub-sheriff, it has been already mentioned, are interdicted to catholics. It might have been added, that in fact they are usually filled by persons who have distinguished themselves as strenuous opposers of catholic freedom. As then the nomination, or at least the selection both of the grand and petty juries, rests entirely with these officers, can it be reasonably presumed that they are chosen indifferently, without favour or secret management? The supposition contradicts the clear evidence of experience and common sense. Ordinary human nature is incapable of such elevated integrity as such conduct presumes. It is impossible to imagine that they will not apply the principle of religious exclusion (to the support of which they were indebted for their own office) to the general selection of jurors, particularly in cases where the interests or character of their patrons, or of any of his dependants, happen to be involved. Nay, even where a question of private property is to be tried between a catholic and a protestant, they cannot fail to feel a bias in favour of the latter. In corporate cities and towns, the truth of these remarks is fully apparent. The sheriff being always the nominee of the corporation, he is found uniformly to return protestant juries; members of the corporation, who are generally the most anti-catholic, though not the most wealthy or reputable, portion of the protestant inhabitants. Thus are the lives, liberties, property and character of catholics placed in the hands of a partial and prejudiced jury,

Numerous instances could be adduced, in which verdicts have been pronounced in direct contradiction to the clearest and most conclusive evidence.-Nay, catholic prisoners have been frequently found guilty by the jury, when the crown lawyers have abandoned the prosecution as untenable, and the judge has directed an acquittal. On the other hand, protestant offenders, whose crime has been distinctly and unequivocally proved, have often been acquitted in opposition

to the unfavourable charge of the Judge. Nay, it has sometimes happened, that a convicted protestant robber or murderer has procured his pardon through his protestantism alone. All the local soi-disant loyalists fall to work. The grand jury interest themselves in his behalf. Memorials and petitions are prepared and subscribed. Vouchers of excellent character are procured: even catholics readily afford their signatures (lest they should be stigmatized as sanguinary and merciless). Thus the testimony appears unanimous; and the Lord Lieutenant is induced to pardon, or, perhaps, even to promote, the convict. Such is the condition of a protestant criminal but how fares the catholic?-Condemned, probably, without sufficient evidence, or in contradiction to evidence of his innocence, he finds no one to interfere in his favour, except persons of his own condition and family, who, being catholics, are not regarded as respectable, the epithet affectedly applied to every thing Protestant. A thousand rumours are immediately propagated by his accusers, to the prejudice of his general character; he is proscribed as a dangerous man, a leader of a faction; and he suffers death, publicly protesting his innocence, fortified by the testimony of his confessor's belief of his veracity, and exciting the sympathy and regret of the people.*

If such facts as these be really found to happen in criminal proceedings, what hope of justice can the catholic have in civil actions? Many individuals will shrink from murder,

In this place I had stated the case of poor Barry, a respectable catholic farmer in Waterford, in good circumstances, who was executed, as the author of the "Statement" asserts, unjustly, in the year 1810. It is a truly "tragical instance," and I little dreamt of danger in mentioning it; but, fortunately, before the sheet containing it was worked off, I learned that Mr. Fitzpatrick, the Dublin publisher, had been visited by one of those formidable engines of anti-catholic power, an ex-officio information, for publishing this very statement. Now, as I have no sort of taste for these things; nor any ardent desire to be dragged even into the elegant private apartments of an Attorney General; and, moreover, as I might not-nay, as it is almost morally impossible such an insignificant person should-succeed in turning the tables on Mr. Attorney General, as Mr. Fitzpatrick may possibly do, I have thought it prudent to suppress this matter relative to Mr. Barry. It is a great comfort to my mind, that I live in a land where the

whose conscience will allow them, almost without a pang, to assist in depriving a supposed enemy of his character or property. The whole system of protestant education is calculated to fix upon the mind a contemptible notion, not merely of the religion but of the morals of catholics. In short, protestants are taught to regard them as beings, whom it is their duty and interest to crush and depress. Slander and defamation of character are regarded as their common inheritance. The most outrageous and unprovoked insults against them are sanctioned by the verdict of a jury. In questions of property, where any part of the case depends upon the character of witnesses, the result is seldom favourable to the catholic. Indeed, so notorious is the bias and partiality dis played by Irish protestant juries, that it is grown into a proverb among the common people of Ireland, "That there is no law for a catholic."

Such are the consequences of the anti-catholic code on the administration of justice in Ireland, the proper conduct of which is so essential to the happiness and prosperity of a nation.

Of the Laws relative to Catholics entering the Army or Navy.

Previous to the union in 1800, the naval and military establishments of Great Britain and Ireland remained distinct. Since that period, however, they have been united into one; the chief government and superintendence of them being of course seated in England. Under these cir

liberty of the press, that grand palladium of our freedom, is so generally allowed; yet in having timely suppressed this LIBEL concerning the execution of Mr. Barry, I feel like a person who has been suddenly snatched from the jaws of death and destruction; to say nothing of the injury which my reputation as an author must have sustained, had I joined in the censure against those "shocking circumstances," which the author of the "Statement" says, " the Duke of Richmond's administration may yet be invited to explain to Parliament." What is said of poets in particular, may be predicated of authors in general, that they

would forfeit half the fame they've got, “If it were known what they discreetly blot.”