CHAP.VIII.

Statutes for

or ammunition remain concealed and not seized as aforesaid, he is required to cause the suspected person to be brought before him, and disarming the examined upon oath concerning the same.

any

his arms,

Catholics.

If such Catholic or other person, upon Sect. 17, such search, snall refuse to deliver up or to discover to the justice, &c. what arms he has, or what arms any other person keeps for him, or shall hinder the delivering thereof, or shall refuse to answer upon oath when questioned, or shall refuse or neglect, without reasonable cause, to appear before the justices, &c. upon being summoned in writing, to be so examined,

་་

fine and im

he shall be punished, " by fine and imprison- Punishments, ment, or by such corporal punishment of prisonment, pillory or whipping, as the Court (of Ses-pillory and sions) before whom he shall be tried, may, in

"their discretion, think proper"

whipping.

This Act was made perpetual, in 1800.

40 Geo. 3.c. 96.

SECTION 11.

What mitigation of these severe Laws.

1. HAVING thus stated the Laws, which How far miti have debarred the Catholics of Ireland, generally,"

gated,

from the use of arms, we proceed to inquire,

CHAP. VIII. how far this prohibition has been since miti

Effect of the
Statute of 1793.

gated.

The Statute of 1793, (to which we have already adverted, and entitled, "An Act for the "relief of his Majesty's Roman Catholic subjects in Ireland") re-enacted this prohibition enacted against against the humble and unprotected Catholics, the poorer Cabut qualified and almost removed it, upon certain conditions, as to the wealthy Catholics. It declares, however,

Prohibition re

tholics,

33 Geo. 3.

ch. 21. sect. 6.

of 100 yearly

"That nothing therein contained shall extend to authorize any Catholic to have or keep in "his hands or possession any arms, armour, "ammunition, or any warlike stores, sword "blades, barrels, locks, or stocks of guns or "fire arms, or to exempt such person from any "forfeiture or penalty inflicted by any Act

respecting arms, armour, or ammunition, in

"the hands or possession of any Catholic, or Catholics seized respecting Catholics having or keeping such "warlike stores (save and except Catholics, sessed of 1000l." seized of a freehold estate of £100 yearly,

of free hold

estate, or pos

value of personal

estate, are

qualified.

Also certain
Catholics, if

registering at
Sessions, &c.

66

or possessed of a personal estate of £1000 or upwards, who are hereby authorized to 66 keep arms and ammunition, as Protestants now by Law may and also except Catholics possessing a freehold estate of £10 yearly value,

"or £300 personal estate, who shall take the

"Oath of 13 and 14 Geo. 3. at the Sessions, and CHAP. VIII. "in open Court swear and subscribe an affidavit What Catholics "of the fact of such property)-and Catholics, are qualified to so qualifying, may keep arms and ammuni

t

<tion, as Protestants may-so long as they con"tinue to possess such property.

have arms.

2. From the result it is manifest, that Two classes there are only two classes of Catholics in Ireland now qualified. legally authorized, at this day, to have or use

arms or ammunition, as Protestants may have and use them, viz.

necessary.

1. Such, as are seized of a freehold Qualifications estate of £100 yearly, or possessed of a personal estate of £1000 value-and take the Catholic oaths, &c. prescribed by the Statute of 1793.

2. Such, as (being seized of a freehold estate of 10 yearly and less than £100 yearly, or being possessed of a personal estate of £300 and less than £1000 value) take the oath of 13 and 14 Geo. 3-and also swear and subscribe an affidavit, in open Court, verifying the value of their property; and also qualify, pursuant to the Statute of 1793. .

All Catholics, who are not comprehended within these two classes, remain still liable to every hardship and severity imposed by the former Statutes of 1695, 1698, 1739, and 1775.

PART II.

R

CHAP. VIII.

These hardships and punishments, we have Punishments seen, consist of the probable abuse of Searchunqualified by warrants, liability to intrusion and violence by property, &c. the meanest officers, at all hours of the night and

upon Catholics

day; attendance before justices upon summons; punishment of imprisonment, pillory and whipping, in case of non-attendance, or neglect in delivering up arms; partiality of justices; disability to act as a fowler or game-keeper, or to keep arms for any person; to keep arms in the hands of a Protestant servant; to be a cutler or cutler's apprentice, a gun-smith, or a gunAte, p. 174-smith's apprentice; to keep for sale, or otherwise, any warlike stores, ammunition, sword blades, barrels, locks, or stocks of guns or fire arms.

177.

SECTION 111.

The meanest and poorest Protestants are all qualified, without restraint dy exception.

Advantages herein, enjoyed by Protestants over Catholics.

1. THE Laws, which thus disqualify the Catholics from having or using arms, are felt the more grievously in Ireland, because Protestants of every class and degree, even the meanest, are authorized to have and use arms of every kind,

without restraint or distinction: nay, they are CHAP. VIII. in various ways actually provided with arms-at

the public expense,

Stat Will. and

This right of having and using arms is This secured by secured to the Protestants, not only by the ge- Mary, and neral principles of the Constitution, and by the declaratory Act of the 1 William and Mary, Stat. 2. ch. 2-but also by a special Statute.

Ante, p. 174.

By this statute, after reciting, "That the 19 Geo. 2.ch. L. rigorous execution of the Act of 10 Will. 3. "ch. 8. had been the means, whereby many "Protestants had been discouraged from pro"viding themselves with, and keeping arms in "their hands, and that others had their arms "taken from them under pretence of executing "that Act; whereby many Protestants had been "rendered ignorant of and unacquainted with "the use and exercise of Arms, and the Pro"testant interest had thereby become weaker " and more, defenceless-It is enacted, That,

notwithstanding the said Act, all Protestants may keep and use arms necessary for the "defence of his Majesty, the established go"vernment of the kingdom, their persons and properties.

"And that no magistrate shall be empowered, "under the said Act, to take arms from any "Protestant."