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Tom-God bless your honour, I think this old lady will be as well as ever in a few minutes..

Sheriff-(In raptures.)-Brave Tom, good Tom, if we had Fogarty, Tom, Dick Hayden might finish the cure, while you would be hanging the rogue that ran away, and then I should. be able to attend the Lord Mayor, to suppress the slaughter-house.

Dick--There is gentlemen waiting at the gate, who wants to be measured, and to see Mr. Cox.

SheriffI shall step aside, do you hide the standard, and let them pass to Cox's cell, as I have taken the advice of Mark Magrath, not to quarrel with any one but beggars.

He steps into a hole, while two
Gentlemen enter the prison.

1st Gentleman--(Taking off his hat I came to be measured, where is the sword, the hosier, and the standard? I am in a hurry; I have a message for Mr. Cox, and want to see him imme. diately.

Dick-You mistake, Sir; we never measure gentlemen, and I am desired to tell you, the sword and the Sheriff are not here; they are gone to Or mond market, to catch a hidden slaughter-house, set by Mr. Finlay.

2d Gentleman-I think the man is a coward, who does an; nlawful act to a poor person, and at the same time dare not show his face to a gentleman; we came here for the express purpose of trying whether this hosier would have the temerity to catechise us, or to take our elevation: Should he play with us, we should be obliged to mea. sure him in return; and, indeed, from the story we have just heard of an old woman being suspended in this scales until she fell out, we would be justified in having punished him; had we not some impression of the impropriety

of disturbing the prison, we would re. taliate; from the stench that proceeds from that hole, we think the game is at hand. For the present, we will let the sock merchant shake in his hiding place, (pointing at it) while we mount the stairs to Mr. Cox's apartment.

Hosier, peeping out of his hiding place-Dick, are they gone? Dick Yes, your honour. Hosier-Are you sure, Dick ? look up the stairs.

Dick-They are in Mr. Cox's room, they have the door shut, and are laughing immoderately.

Hosier Faith! that will do; open the gate, and I shall be with the Lord Mayor in a minute; don't let them know Dick, that I was listening, don't Dick, and here, Dick, is two tenpennies, (handing some money) don't say any thing, Dick.-Farewell, Dick.

Dick, Andey, Monaghan Tom, Jack and Boddered Dick-Farewell, your honour.

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Here the curtain falls, and concludes this act.

(To be continued.)

THE MAJOR'S LARRY.

On Friday, the 29th of May, the Major's Larry gave a neat dinner to a select party of Turnkeys at his new Government Bridewell. Monaghan Tom and Dick Hayden, of the New gate Department, and Nosy Gorman, gallows engineer to Naas Gaol, were the most distinguished of key-agents in the company; and to the credit of Larry's hospitality and table, the three traps were so well charged with ling and whiskey, that they were obliged to be stored for the night in a sentry-box, in the yard of the prison; or what some wags, in allusion to Larry's former trade, term his Maid Brewery.

CATHOLIC

CATHOLIC GRIEVANCES.

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(Continued from Page 203.)

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They have not contended, as they well right, that they, as composing such an immense majority of the people, have an undoubted right to an equitable apportionment of the public money, towards the charities and pious uses of their own Religion. But they complain, and loudly, that the laws pro. hibit them from applying any part of their own particular property, perhaps acquired by personal industry, towards establishing those necessary funds for charity and religion, which the Legis lature has abandoned to neglect and insolvency

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It seems unjust to refuse all national aid, all participation of public bounty, to those great and salutary objects. But it is too much to forbid the Irish Catholic to exercise his benevolent feel. ings towards Catholic foundations, to debar him from settling a moderate annuity or piece of land upon his own pastor for the time being, from granting or procuring a long lease of the scite of a Catholic Chapel or School-house, or endowing any of those valuable charities, permanently, with suitable means of maintenance; nay, even to render those prohibitions the source of habitual obloquy, ridicule, and reprobation, against the Catholic community.

The Law of Charities, as now in force in Ireland, is involved in some obscurity. The highest judicial authorities have, even recently, admitted the difficulty of tracing the doctrine of this subject.

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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.

I. As to donations of lands.-By the English statutes of 7. Ed. 1. stat. 2. and 15. Rich. 2. c. 5. (which, being previous to the 10 Hen. 7. are in force in Ireland) it was enacted,

The law of England differs materially from that of Ireland respecting charitable donations, owing chiefly to two important statutes in force in Eng land, which have not been enacted in Ireland; namely the statute of the 1. Ed. 6. c. 14. and that of 9. Geo. 2. c. 36, English. Of these we shall, treat presently.

FOR JULY, 1812, VOL. V.

That No Corporation, civil or "religious, should purchase any lands "in mortmain, under penalty of for "feiture 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 sup port of the house, or of the Bishop, Priest, &c. for the time being, and his successors.

Thus, gifts of lands to Corporations, civil and religious, and purchases by or for them, were declared generally void.

However, subsequent exceptions have been made, by express statutes, in favour of certain Protestant institutions, and of such Corporations as the King should think proper to license.

For, in 1634, it was enacted by the Parliament of Ireland, that " All Arch"bishops and Bishops in Ireland may "be compelled in Chancery, or by pe. "tition to the Council Board, to exe"cute trusts and conveyances to them, "of lands or hereditaments," for cer tain purposes specified by the act, which alone are thereby declared to be lawful and charitable purposes; auch as building and repairing Protestant churches, colleges, schools or hospipitals, 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 favour of Tarious kinds of donations..

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.As, of impropriations of Protestant benefices, glebes, tythes, and other rights, heretofore deemed ecclesiastical, to be granted to the Protestant clergy.

Of endowments of churches with glebe lands.

To various Protestant corporate bodies, by force of several express statutes, enacted from the year 1704 to to the present time; and empowering those several corporations to take and purchase lands in perpetuity, for the maintenance of themselves and of their

successors, and for the permanent support and prosecution of the purposes, for which those corporations were respectively formed..

Finally, in 1792, an act of Parliament was passed, whereby "His Ma"jesty, his heirs and successors, are "authorised to grant licences to any "person, body politic, or corporate, "to grant or to purchase, acquire, or "take lands in mortmain:" that is, in the manner forbidden by the old mortmain acts already mentioned.

.3. If a Catholic Corporation were even to obtain such a license, it would not (neither would any 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.

4. As to donations of money, or of other personal property.

It is true, that donations of this nature, for the permanent support of Catholic charities, do not appear to be prohibited by the express letter of any statute enacted in Ireland.

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, terms them Superstitious Uses, and vests them in the King, who is Thus, the prohibition being general, empowered to direct and appoint them and the exceptions limited to Protes." in eodem genere," so as that they tant institutions, or to such lawful pur- can never revert to the donor or his reposes as the Crown may direct, it fol- presentatives, but are to be appropri lows, that the Catholics remain, at this ated to Protestant institutions. day, disabled from endowing any of their charities with any lands, or inte rests in lands: and this in three ways, - viz.

By this statute, a Superstitious Use is declared to be, "Where lands, tene"ments, rents, goods, or chattels are "given, secured, or appointed for, or 1. If a person were to grant lands "towards the maintenance of a Priest to a Catholic charity, as, for the main-"or Chaplain, to say Mass; of a Priest tenance of the pastor, the support of" or other man to pray for the souls of the chapel, school, &c. there exists no" the dead, or of any dead person, or to Catholic corporation, civil or religious," maintain perpetual obits, lamps, &c. legally competent to take such lands to be used at prayers for souls:" in trust, or competent to any other pur- these, and such like, are Superstipose for the law does not recognize tious Uses." the Catholic Bishop, or Priest, and his successors, as a body corporate, for any purpose whatsoever.

2. Even if there did exist a Catholic Corporation, it could not take lands without a license from the Crown: and, under the present system of Penal Laws, such a license is not to be expected.

It is also laid down, that not only by force of this statute, and of other statutes, (as 15 Rich. 2. c. 5. 23 Hen. 8. c. 10. 37 Hen. 8. c. 4.) but also generally as Head of the Church, and as entrusted 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.

If such, then, be the ancient and 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 Catholic Passupport of any tor of a parish, &c. are as fully comprehended in the prohibition, as if the statute of Edw. 6. had been enacted in Ireland.

Indeed, it has been held, by very respectable authority, and not controverted, "That superstitious uses are "void, not merely by the statute law "of England, but also by the general "policy of the law."

This argument of general policy, being of an undefinable nature, may be pushed to any extent, that may appear to a Chancellor necessary for defeating an intended donation to a Catholic charity.

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The Master of the Rolls in England (Sir William Grant) thus expresses himself: "There is no doubt that a disposition, for the purpose of bringing up and educating children in the "Catholic Religion, is unlawful." And in Ireland too, in a very recent case, the Lord Chancellor (Manners) intimated a strong leaning against the validity of a similar disposition; and, although the case has not been finally decided, yet there appears but little room to doubt, that his Lordship adopts the construction already received in England.

It is, therefore, not too much to affirm, upon a view of all these circumstances, that no person can safely give or grant any lands, money, or other property, to or for the permanent supCatholic Priest, house of port of any worship, or charitable edifice, or foundation of any description in Ireland; subject as such donations must be to serious doubts and difficulties. That such donations would probably be diverted to

Protestant institutions, directly contrary to the donor's interest, is a prospect sufficiently discouraging to deter any rational person from granting it. This may be taken, therefore, to amount to an actual and positive prohibition..

Nor is the prohibition dormant. For the Irish Legislature has carefully established a new Ecclesiastical Board, whose province it is to detect. Catholic charities, and to appropriate their funds when detected and seized, to the better maintenance of Protestant institutions. To facilitate this object a special Cor. poration has been embodied, under the plausible title of "Commissioners, of Charitable Bequests." This corporation deserves notice, by reason of its alertness in hunting down Catholic charities.-It originated as follows:

In 1763, it was enacted, that all cha ritable donations, contained in wills, should be published, very particularly, three times successively in the Dublin Gazette, at the expense of the executor, within three months after obtaining probate of the will, under a penalty of 50%. in case of his neglect; and, also, that extracts from such wills should be lodged with the proper officers in each diocese, annually, with the clerks of each House of Parliament.

This statute was made, obviously, for the purpose of checking the embezzlement of charitable donations, a practice but too common in Ireland as well as in England: and, indeed, it recites as its principle, that " The pious "intentions of many charitable persons "were frequently defeated by the con"cealment or misapplication of their "donations or bequests to public or "private charities in this kingdom,"

In consequence of this act, an order of the House of Lords of Ireland was made, in 1764, appointing a committee of that House (consisting mostly of Bishops) to carry its purposes into effect. Thus the law stood until the year 1800, when the present Corporation was established by a new act. (To be continued.)

2 P 2

ΤΟ

TO THE REV. DOCTOR HAMILL, Vicar General of Dublin.

SIR,

In my former Letter I stated little more than the bare outlines of character which has, for many years, distinguished your hopeful nursery, the Conclave of Francis-street. I now proceed to the detail.

And here, before I enter upon that promised detail, allow me to assure you that, ever since their ambitious schemes became palpably manifest to the Citizens of Dublin, or rather to the kingdom, not to say the Empire at large, by their scandalously taking the lead of Pole, and Saurin, and Bushe, and Huddlestone, in denouncing the Catholic Committee as an unlawful assembly, I was frequently pressed to expose to public view, the long-tried principal actors in this intriguing cabal. Up to that period, notwithstanding their numerous faults, they had many good Patriots attached to them, partly from their own former conduct on certain occasions, but more so on account of the gross political errors into which their opponents (the Catholic Aristocracy and Lawyers,) had often and shamefully fallen. For my own part, if you permit me to assume the name of Patriot, for which I would most gladly suffer all the horrors of a British Inquisition, I am free to confess, that, in common with most of my acquaintance, I was myself also completely imposed upon, and that for the reasons already hinted at, and hereafter to be given in full.

That Conclave, of which you, Sir, have been long called the Talleyrand, had at its head John Kh, of Mount Jerome, who by his exertions in putting down the Aristocracy, or to speak more properly, in forcing the Aristocracy to coalesce with the people in general, was raised, and, until the coalition between himself and the Monster and the intrigues by which he made a fortune became evident, most justly raised to the very summit of popu

larity. Your own name rendered respectable by your acknowledged theological, not political information, and the annual Sermon you were formerly in the habit of preaching, contributed not a little towards the influence of the cabal. Whilst poor silly Stupeo, every hour puffed off by the wrong heads that heard his mystical lectures in College, and by nearly all those who looked up to Francis-street or Mount Jerome for patronage or even countenance, formed the third grand pillar of this blessed Conclave.

In College, poor Stupeo, swelled into an imaginary consequence, by the adulation of your well-known expectants, immediately quarrelled with President and Professors, because they refused to receive, or rather swallow, his oracular nonsense, as sound argument-his dictatorial decision as fair reasoning.

Doctor Dunn, and the French Professors were, of course, the first game to be run down; and immediately on the word being given, the Monster of the Milesian, ever ready for the work of assassinating characters, openly, and that in print too, with his name affixed in full, accused Doctor Dunn of being accessary, through neglect of duty and improper interference, to the death of some Students carried off by a malignant fever!! The Professors fared but very little better, the whole pack of the Conclave having been let loose, and hallooed against them.

Stupeo now arrives in Dublin, in charge of one respectable young Gen. tleman he had rescued from the misty darkness of Maynooth, to whom he was to communicate the brilliant rays of his own light. But before he set out, he took special care to leave behind him his Kcks, Crys, Dles, Deys, and other faith'ful Correspondents, by whose joint labours the entire administration of the College was discussed, censured, and thwarted in Francis-street, and exposed to public odium by their runnEYS,

which

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