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your wages raised, and get you the of disturbing the prison, we would rework of the country next rebels taliate; from the stench that proceeds lion.
from that hole, we think the game is at Tom God bless your honour, I hand. For the present, we will let the think this old lady will be as well as sock merchant shake in his biding place, ever in a few minutes.
(pointing at it) while we mount the Sheriff-lin raptures.) - Brave stairs to Mr. Cox's apartment. Tom, good Tom, if we had Fogarty, Hosier, peeping out of his hiding Tom, Dick Hayden might finish the place Dick, are they gone ? cure, while you would be hanging the Dick-Yes, your honoar. rogue that ran away, and then I should HosiermAre you sure, Dick ? look be able to ariend the Lord Mayor, to up the stairs. suppress the slaughter-house.
Dick-They are in Mr. Cox's Dick--There is gentlemen wait. rcom, they have the door shut, and ing at the gate, who wants to be mea are laughing immoderately. sured, and to see Mr. Cox
Hosier- Faith! that will do; open Sheriff I shall step aside, do you the gate, and I shall be with the Lord hide the standard, and let them pass to Mayor in a minute ; don't let them Cox's cell, as I have taken the advice know Dick, that I was listeving, don't of Mark Magrath, not to quarrel with Dick, and here, Dick, is two tenperany one but beggars.
nies, (handing some money) don't say He steps into a hole, while two.
any thing, Dick.-Farewell, Dick. Gentlemen enter the prison.
Dick, Andey, Monaghan Tom, Jack
and Boddered Dick-Farzwell, your 1st Gentleman--(Taking of his bonour. hat I came to be measured, where is · Here the curtain falls, and concludes the sword, the hosier, and the standard? this act. I am in a hurry ; I have a message for
(To be continued.) Mr. Cox, and want to see him imme. diately.
Dick-You mistake, Sir; we never measure gentlemen, and I am desired
THE MAJOR'S LARRY. to tell you, the sword and the Sheriff are not here ; they are gone to Or. mond market, to catch a hidden
On Friday, the 29th of May, the slaughter-house, set by Mr. Fin.
Major's Larry gave a neat dinner to a
select party of Turnkeys at his gew lay. 2d Gentleman-I think the man is
Government Bridewell. Monaghan a coward, who does an ; nlawful act to Tom and Dick Hayden, of the New. a poor person, and at the same time gate Department, and Nosy Gorman, dare not show his face to a gentleman ; gallows engineer to Naas Gaol, were we came here for the express purpose !
se the most distinguished of key-agents no wherher this hosier would in the company, and to the credit of have the remerity to catechise us, or Larry's hospitality and table, the three to take our elevation. Should he play traps were so well charged with with us, we should be obliged to mea ling and whiskey, that they were sure him in return; and, indeed, from obliged to be stored for the night in a the story we have just heard of an old sentry-box, in the yard of the prison: woman being suspended in this scales or what some wags, in allusion to until she fell out, we would be justified Larry's former trade, term his Maids in having punished him; had we not Brewery. some impression of the impropriety
CATHOLIC GRIEVANCES. However, we apprehend that the
following view of the law of charities (Continued from Page 203.) in Ireland will be found correct. First, . -000
as to donations of lands : and SecondThey have not contended, as they well ly, as to donations of money, or other right, that they, as composing such personal property. an immense majority of the people, have I. As to donations of lands. By an undoubted right to an equitable ap. the English statutes of 7. Ed. 1. stat. portionment of the public money, to 2. and 15. Rich. 2. c. 5. (which, bewards the charities and pious uses of ing previous to the 10 Hen. 7. are in their own Religion. But they com force in Ireland) it was enacted, plain, and loudly, that the laws pro. That “ No Corporation, civil or hibit them from applying any part of " religious, should purchase any lands their own particular property, perhaps « in mortmain, under penalty of foracquired by personal industry, towards “ feiture of the lands purchased.”establishing chose necessary funds for That is to say, that no religious house, charity and religion, which the Legis. or any Bishop, Priest, &c. for himself lature has abandoned to neglect and and his successors, should, or could, insolvency
take any interest in land, &c. for supIt seems unjust to refuse all national port of the house, or of the Bishop, aid, all participation of public bounty, Priest, &c. for the time being, and his to those great and salutary objects. successors. But it is too much to forbid the Irish Thus, gifts of lands to CorporaCatholic to exercise his benevolent feel. tions, civil and religious, and purchases ings towards Catholic foundations, to by or for them, were declared generally debar him from settling a moderate an- void. nuity or piece of land upon his own 'However, subsequent exceptions pastor for the time being, from granting have been made, by express statutes, or procuring a long lease of the scite of in favour of certain Protestant institua Catholic Chapel or School-house, or tions, and of such Corporations as the endowing any of those valuable chari. King should think proper to license. ties, permanently, with suitable means For, in 1634, it was enacted by the of maintenance; nay, even to render Parliament of Ireland, that “ AU Archthose p:ohibitions the source of habi. “ bishops and Bishops in Ireland may tual obloquy, ridicule, and reprobation, "be compelled in Chancery, or by peagainst the Catholic community. “ tition to the Council Board, to exe.
The Law of Charities, as now in “ cute trusts and conveyances to them, force in Ireland, is involved in some 6 of lands or hereditaments," for cere obscurity. The highest judicial autho- tain purposes specified by the act, rities have, even recently, admitted the which alone are thereby declared to be difficulty of tracing the doctrine of this lawful and charitable purposes ; auch subject.
as building and repairing Protestant The law of England differs mate. churches, colleges, schools or hospi. rially from that of Ireland respecting pitals, bridges or highways, mainte- charitable donations, owing chiefly to nance of ministers and preachers, &c. two important statutes in force in Enge This statute legalizes the several insti.
land, which have not been enacted in tutions and public purposes therein enu- Ireland ; pamely the statute of the 1. merated ; and subsequent statutes have · Ed. 6. c. 14, and that of 9. Geo. 2. also, upon the same principle dispensed · C. 36, English. Qf these we shall, with the mortmain acis, in favour of · treat presently.
rarious kinds of donations. FOR JULY, 1812, Vol. y.. . 2 P
· As, of impropriations of Protestant 3. If a Catholic Corporation were benefices, glebes, tythes, and other even to obtain such a license, it would rights, heretofore deemed ecclesiasti- not (neither would any individual) be cal, to be granted to the Protestant enabled to take lands for any other than clergy.
charitable and lawful purposes, as reOf endowments of churches with cognized by existing law. Now there glebe lands.
is every reason to apprehend (as we To various Protestant corporate bo- shall presently show) that it would not dies, by force of several express sta. be deemed a good charitable use, withtutes, enacted from the year 1704 to in the policy of the law, to apply the to the present time; and empowering income of such lands towards the supthose several corporations to take and port of Catholic Clergy, schools, or purchase lands in perpetuity, for the similar foundations. maintenance of themselves and of their 4. As to donations of money, or of successors, and for the permanent sup. other personal property. port and prosecution of the purposes. It is true, that donations of this nafor which those corporations were res- ture, for the permanent support of Capectively formed..
tholic charities, do not appear to be · Finally, in 1792, an act of Parlia. prohibited by the express letter of any ment was passed, whereby “ His Ma- statute enacted in Ireland. ,“ jesty, his heirs and successors, are In England, indeed, such donations
“ authorised to grant licences to any are declared illegal, by a celebrated sta.“ person, body politic, or corporate, tute fenacted in the infancy of the re.6 to grant or to purchase, acquire, or formation) which enumerates a great “ take lands in mortmain :" that is, variety of gifts and charities of this in the manner forbidden by the old nature, terms them Superstitious Uses, mortmain acts already mentioned 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 approprilows, that the Catholics remain, at this ated to Protestant institutions. day, disabled from endowing any of . By this statute, a Superstitious Use their charities with any lands, or inte. is declared to be,“ Where lands, tenerests in lands: and this in three ways, “ ments, rents, goods, or chattels are - viz.
“ 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 Supersti• pose : for the law does not recognize tious Uses."
the Catholic Bishop, or Priest, and his It is also laid down, that not only by • successors, as a body corporate, for force of this statute, and of other sta•'any purpose whatsoever. wb. tutes, (as 15 Rich. 2. c. 5. 23 Hen. 8. . 2. Even if there did exist a Catholic c. 10. 37 Hen. 8. c. 4.) but also gene
Corporation, it could not take lands rally as Head of the Church, and as · without a license from the Crown : and, . entrusted by the common law, to see
under the present system of Penal Laws, that nothing is done in maintenance or such a license is not to be expected. propagation of a false religion, the
King is entitled to all such grants, gifts, Protestant institutions, directly con. &c. so as to appropriate them to other trary to the donor's interest, is a prosuses, that are held lawful and truly pect sufficiently discouraging to deter charitable.
any rational person from granting it. If such, then, be the ancient and This may be taken, therefore, to awount established principles of the common to an actual and positive prohibition. , law, they must guide courts of justice Nor is the prohibition dormant. For in Ireland, as well as in England. And the Irish Legislature has carefully estait follows, that all gifts and grants of blished a new Ecclesiastical Board, lands, money or goods, in Ireland, to whose province it is to detect Catholic or for the support of any Catholic Pas- charities, and to appropriate their funds tor of a parish, &c. are as fully come when detected and seized, to the better prehended in the prohibition, as if the maintenance of Protestant institutions. statute of Edw. 6. had been enacted in To facilitate this object a special Cor. Ireland.
. poration has been embodied, under the Indeed, it has been held, by very plausible title of." Commissioners, of respectable authority, and not contro. Charitable Bequests.” This corpora. verted, “ That superstitious uses are tion deserves notice, by reason of its “ void, not; merely by the statute law alertness in hunting down Catholic cha. “ of England, but also by the general rities.-It originated as follows: " policy of the law.”
In 1763, it was enacted, that all cha. This argument of general policy, be. ritable donations, contained in wills, ing of an undefinable nature, may be should be published, very partice larly, pushed to any extent, that may appear three times successively in the Dublin to a Chancellor necessary for defeating Gazette, at the expense of the execu. an intended donation to a Catholic cha- tor, within three months after obtaining
probate of the will, under a penalty of 'The Master of the Rolls in England 50l. in case of his neglect ; and, also, (Sir William Grant) thus expresses that extracts from such wills should be himself : “ There is no doubt that a lodged with the proper officers in each “ disposition, for the purpose of bring. diocese, annually, with the clerks of “ ing up and educating children in the each House of Parliament. . " Catholic Religion, is unlawful.” This statute was made, obviously, And in Ireland too, in a very recent for the purpose of checking the emcase, the Lord Chancellor (Manners) bezzlement of charitable donations, á intimated a strong leaning against the practice but too common in Ireland as validity of a similar disposition; and, well as in England : and, indeed, it realthough the case has not been finally cites as its principle, that is The pious decided, yet there appears but little “ intentions of many charitable persons room to doubt, that his Lordship" were frequently defeated by the conadopts the construction already received “ cealment or misapplication of their in England.
“ donations or bequests to public or It is, therefore, not too much to“ private charities in this kingdom,”. affirm, upon a view of all these circum. In consequence of this act, an order stances, that no person can safely give of the House of Lords of Ireland was or grant any lands, money, or other made, in 1764, appointing a committee property, to or for the permanent sup. of that House (consisting mostly of port of any Catholic Priest, house of Bishops) to carry its purposes into worship, or charitable edifice, or foun- effect. Thus the law stood until the year dation of any description in Ireland; 1800, when the present Corporation subject as such donations must be to se. was established by a new act.. rious doubts and difficulties. That such
(To be continued.) donations would probably be diverted to . 2 P 2
TO THE REV. DOCTOR HAMILL, larity. Your own name rendered rete
pectable by 'your acknowledged theoVicar General of Dublin.
logical, not political information, and SIR,
the annual Sermon you were formerly In my former Letter I stated little in the habit of preaching, contributed more than the bare outlines of cha. not a little towards the influence of the racter which has, for many years, dis- cabal. Whilst poor silly Stupeo, every tinguished your hopeful nursery, the hour puffed off by the wrong heads Conclave of Francis-street. I now that heard his mystical lectures in Col. proceed to the detail.
lege, and by nearly all those who lookAnd here, before I enter upon that ed up to Francis-street or Mount Je. promised detail, allow me to assure some for patronage or even counte. you that, ever since their ambitious pance, formed the third grand pillar of schemes became palpably manifest to this blessed Conclave. the Citizens of Dublin, or rather to In College, poor Stupea, swelled the kingdom, not to say the Empire into an imaginary consequence, by the at large, by their scandalously taking adulation of your well-known exthe lead of Pole, and Saurin, and pectants, immediately quarrelled with Bushe, and Huddlestone, in denounc. President and Professors, because they ing the Catholic Committee as an un- refused to receive, or rather swallow, lawful assembly, I was frequently his oracular nonsense, as sound argu. pressed to expose to public view, the ment-his dictaturia! decision as fair long-tried principal actors in this intri- seasoning. guing cabal. Up to that period, 'not." Doctor Dunn, and the French Prowithstanding their numerous faults, fessors were, of course, the first game they had many good Patriots attached to be run down; and immediately on to them, partly from their own former the word being given, the Monster of conduct on certain occasions, but more the Milesian, ever ready for the work 80 on account of the gross political of assassinating characters, bpenly, and errors into which their opponents (the that in print too, with his name affixed Catholic Aristocracy and Lawyers,) in full, accused Doctor Dunn of behad often and shamefully fallen. For ing accessary, through neglect of duty my own part, if you permit me to as. and improper interference to the death sume the name of Parriot, for which I of some Students carried off by a mawould most gladly suffer all the horrors lignant fever!! The Professors fared of a British Inquisition, I am free to but very little better, the whole pack confess, that, in common with most of of the Conclave having been let loose, my acquaintance, I was myself also and hallowed against them. completely imposed upon, and that for Stupeo now arrives in Dublin, in the reasons already hinted at, and charge of one respectable young Gen. hereafter to be given in full.
tleman he had rescued from the misty · That Conclave, of which you, Sir, darkness of Maynooth, to whom bie have been long called the Talleyrand, was to communicate the brilliant rays had at its head John K- h, of of his own light. But before he set Mount Jerome, who by his exertions out, he took special care to leave bein putting down the Aristocracy, or hind him his K- cke, C r ys, to speak more properly, in forcing the D- les,
D e ys, and other faithAristocracy to coalescc with the peo- ful Correspondents, by whose joint laple in general, was raised, and, until bours the entire administration of the the coalition between himself and the College was discussed, censured, and Monster and the intrigues by which thwarted in Francis-street, and exposed he made a fortune became evident, most to public odium by their Finners, justly raised to the very summit of popu.