Any Roman Catholic priest, celebrating marriage between two Protestants, or between a Protestant and Roman Catholic, was guilty of felony,* and liable to suffer death without benefit of clergy!†

No Roman Catholic was allowed to have in his own possession, or the possession of any other person for his use, any horse, mare, or gelding, of the value of five pounds. Any Protestant,

*“If any Popish priest, or reputed Popish priest, or any person pretending to be a Popish priest, or any degraded clergyman, or any layman pretending to be a clergyman of the church of Ireland, as by law established, shall, after the 25th day of April, 1726, celebrate any marriage between two Protestants, or reputed Protestants, or between a Protestant or reputed Protestant and a Papist, such Popish priest, &c. shall be guilty of felony, and shall suffer death as a felon, without benefit of clergy, or of the statute!!!" 569

The writer of this recollects an instance, in his youth, of the execution of a Catholic clergyman, under this execrable

statute.

"No Papist, after the 20th of January, 1695, shall be capable to have, or keep in his possession, or in the possession of any other, to his use, or at his disposition, any horse, gelding, or mare, of the value of 51. or more; and if any person of the Protestant religion, shall make discovery thereof upon oath, to any two justices of the peace, or to the chief magistrate of any city or town corporate, they may within their respective limits, by warrant under their hands and seals, authorize such person, in the day-time only, to search for and secure all such horses and in case of resistance, to break open any door, and bring such horse or horses before them, and such discoverer, (being of the Protestant religion,) paying or making tender,

559 Robins, 389.

discovering to any two justices that a Roman Catholic had a horse of that value, might, with a constable and assistant, break open any door; seize such horse; bring him before the justices; and, on paying five pounds five shillings, have the property of such horse, "as if bought in market overt."*

Any person concealing such horse, was liable to be imprisoned three months, and pay treble the value.570

Civil officers were authorized to seize the horses of Roman Catholics, on certain contingencies. If returned, the owners were to pay the expenses of seizing and keeping them.571

before such justices, mayor, &c. of the sum of 51, 5s. to the owner or possessor of such horse, after such payment, or tender and refusal, the property of such horse or horses, shall be vested in the person making such discovery and tender, as if the same had been bought and sold in market overt.'

11572

* This clause had nearly proved fatal to a rascal who took advantage of it, about forty years since. He forcibly seized a horse, saddled and bridled, belonging to a Roman Catholic. But, though the law sanctioned the robbery of horses, it did not authorize that of saddles and bridles. The felon was prosecuted for the plunder of the harness, and narrowly escaped the gallows, which he so richly deserved. One other circumstance, arising from this law, may merit attention. A Catholic, who owned one of the most celebrated racers in Ireland, worth two hundred guineas, being informed that a person was about to seize him, and pay him the price fixed by law, mounted the horse, and presented him to a Protestant friend; thus defeating the miscreant of his vile purpose.

570 Robins, 451.

571 Idem, 466.

572 Idem, 450.

To increase the profligacy and turpitude of this code, a large portion of its provisions were ex post facto, and operated the work of rapine and depredation for years antecedent to their enaction. In 1710, an act was passed, annulling fines, recoveries, and settlements, made for seven years preceding.*

All collateral and other securities, by mortgages, judgments, statutes merchant, or of the staple, or otherwise howsoever, to cover, support, or make good any bargain, sale, confirmation, release, or other conveyance, were rendered null and void. And any Protestant might sue out such mortgages, or sue for such lands, in any court of law, and obtain a verdict, and have execution to be put in possession thereof.†

*"All settlements, fines, common recoveries, and other conveyances had or made since the 1st of January, 1703, of any lands, &c. by any Papist, or by any Protestant who turned Papist since the said 1st of Jan. 1703, or by any such Papist with his then Protestant wife, who hath turned Papist as aforesaid, whereby any Protestant is barred of any estate, in reversion or remainder, whereunto such Protestant was intituled at the time of levying such fine, suffering such recovery, or making such conveyance, shall as to such Protestant be null and void."s

573

"All collateral and other securities, by mortgages, judgments, statutes merchant, or of the staple or otherwise, which have been!!! or hereafter shall be, made or entered into, to cover, support, or secure, and make good any bargain, sale, confirmation, release, feoffment, lease, or other conveyance, contrary to 2 An. Sess. 1. c. 6. are void to the purchaser of any the said lands or tenements in trust for, or for the benefit

573 Robins, 460.

This provision was retrospective: thus, if a Roman Catholic had lent ten thousand pounds, and, as a security for payment, taken a mortgage on real estate, any Protestant might sue out such mortgage, and rob the lender of his property! None of the legislators of Tripoli or Algiers,none of the ferocious followers of Blackbeard, or Morgan, the pirates,-none of the banditti whose trade is rapine and plunder, ever conceived a more piratical or plundering act than this. It may be fairly said to have converted the seat of legislation into "a den of thieves."

of, any Papist, as likewise to any such Papist, his heirs and assigns, and all such lands, &c. so conveyed or leased, or to be conveyed or leased to any Papist, or to the use of, or in trust for, any Papist, contrary to the said act, and all such collateral securities as are or shall be made or entered into, to cover, support, secure or make good the same, may be sued for by any Protestant, by his proper action, real, personal, or mixt, founded on this act, in any of her majesty's courts of law or equity, if the nature of the case shall require it.

"Provided any Protestant may prefer one or more bill or bills in the chancery, or chancery of exchequer, against any such sale, lease, mortgage, or incumbrance, and against all persons privy to such trust for Papists; and to compel such person to discover such trusts, and answer all matters relating thereunto, as by such bill shall be required: to which bill no plea or demurrer shall be allowed: but the defendant shall answer the same at large on oath, which answer shall be good evidence against the defendant, in actions brought upon this act : and all issues, in any suit founded on this act, shall be tried by none but known Protestants!!!"574

674 Robins, 464.

If any Protestant woman, possessed of real estate of any description whatever, or personal estate to the value of five hundred pounds, married, without a previous certificate that her intended husband was a Protestant, she forfeited her whole estate, which went to the next Protestant heir.*

To outrage the feelings of the wretched Helots, they were forbidden, under a penalty of ten pounds, to bury their dead in the grave-yards of

*"If any Protestant maid, or woman unmarried, being heir apparent to her ancestor, or having a sole or joint estate or interest in fee-simple or in fee-tail, or being seized in fee-simple or in coparcenary, or in common, or being seized of an estate for life or lives, by way of jointure, dower, or otherwise, or being possessed of, or entitled to any personal estate, either in money, stock, plate, jewels, or other goods and chattels, in law or equity, to the value of 5001. or more, shall at any time after the first of January next, [1704] marry or take to husband any person whatsoever, without having first obtained a certificate in writing, under the hand of the minister of the parish, bishop of the diocess, and some justice of the peace living near the place (or any two of them) where such person shall be resident, at the time of such marriage, that he is a known Protestant, that then, and from the time of such marriage, such Protestant person so marrying, and the person she shall so marry, shall be for ever afterwards disabled and rendered incapable of having or enjoying all or any of the aforesaid estates or interests; and that the same shall go to, and be deemed to be the right and estate of the next Protestant of the kin, to whom the same would descend by law, were such Protestant maid or woman, and all other intervening Popish heirs, executors or administrators, really dead and intestate at the time of such marriage."575

575 Robins, 385.