depression and injury, which they sustain in this CHAP. X. unworthy system of exclusion. have Ante, ch. 4 must sect. 4. Mischiefs of But further-can it be doubted (as we asked in a preceding article) "that it "aggrieve the Catholic community at large ? these exclusions. "that it intercepts the fair rewards of literary "diligence, and the earnings of cultivated "talent?-that it circumscribes the opportuni"ties of providing, honourably and comfortably, "for the children of Catholic families, abridges "the means of subsistence, obstructs the paths "of industry, and the hopes of useful occu"pation ?" SECTION VIII. Laws-disabling the Catholics from exercising the right of presentation to Benefices. terdicted. 1. AMONGST the many disabilities Advowsons inand incapacities, which the memorable reign of Anne inflicted upon the Catholics of Ireland, was that, which regarded these rights of presentation. CHAP. X. Nature of these rights. Persons, possessed of manors, lands, &c. or becoming entitled to such possession by devise, descent, or grant-thereby, of course, acquire a property in all rights and privileges annexed to such manors and lands. One of these rights consists, frequently, in the presentation of an incumbent, duly qualified, to Landed Estates, the benefice or living. When it is appendant to the manor or lands, it passes by the same deed of conveyance: when it has been severed, or become an advowson in gross, it passes by ordinary grant. Annexed to Black. Comm. vol. I. 389. This right of presentation is not an ecclesiastical right it is a mere temporal right, in private property and is so classed by all lawyers. One of the great encomiums upon the laws of Edward the First (stiled the English Justinian) is founded upon "the effectual pro Ib. vol. 4. 426. “ visions he made for the recovery of these rights of presentation or advowsons, as temporal rights." Purely temporal rights. 2 Anne, ch. 6. Sect. 25. This property forms a common subject of mortgages, marriage-settlements, wills, &c.and is susceptible of every act of dominion, exercisable over temporal hereditaments. 2. The Legislature of Anne, however, enacted in 1704, That, whenever any Statute, dis * Catholic should claim, possess or enjoy, any CHAP. X. "advowson or right of patronage or presentation to any ecclesiastical benefice (or where abling Cathoany Protestant should claim, possess or enjoy, senting, &c. any such right in trust for a Catholic) the rr lics from pre 2 Anne, ch. 6. same should be thereby ipso facto vested ins 25. "the crown, according to such estate as such 1704"Catholic might have therein until such "Catholic or his heir should abjure his religion." The Statute of 1793, which professes, in a Modified, very qualified manner, to remove all penalties, disabilities, forfeitures and incapacities affecting 179 the Catholics, has carefully provided. ch. 21. "That nothing, therein contained, shall 33 Geo. 3. "enable any Catholic to exercise any right of sect. 10. "presentation to any ecclesiastical benefice "whatsoever." Trustees for This Clause omits to re-enact so much of Protestant the incapacity (imposed by the above-mentioned Catholics. statute of 2 Anne) as attached upon Protestants, . if disabled? claiming to exercise this right as trustees for Catholics-and, possibly, a question may hereafter arise upon the effect of this omission. 3. There appears no solid reason for This inter diction un thus interdicting Catholics from the exercise of reasonable. This inter dictionunreasonable. CHAP. X. a temporal right, enjoyed by the members of all other religious persuasions, Unitarians, Quakers, Jews, &c*. It has ever been regarded as a branch of private property. We see it treated in daily practice (by the Protestant patrons, in England and Ireland, and even by Protestant prelates) as a mere marketable commodity— advertised publicly for sale-auctioned-soldPublic sales of like any other vendible article-without any these rights. squeamish reserve, or complaint of irreverence or indecorum. Advertised. Interdiction. superfluous, as a guarantee. Nothing is more frequent, than the appearance of such advertisements as, "To be sold by auction" or "wanted to "purchase the next presentation to a living, "of the value of £800. yearly, situate in a pleasant country, &c. &c. It has been demonstrated, by a learned writer, that this interdiction, at least in England, is wholly superfluous, as a guarantee for the orthodoxy of the clergyman to be presented.-For, Coke Litt. 391, No person can be presented to a living, who "has not been ordained according to the rites "of the established Church.-Previously to note, sect. 4. *The Laws of Catholic France, down to the time of the late Revolution, secured the free exercise of this right to all dissenting patrons-to Lutherans, Calvinists, Huguenots, &c. This Inter fluous, as a "his ordination, he is examined, on his faith CHAP. X. " and morals, by the bishop: he takes the oath "of allegiance and supremacy, and subscribes diction super"the 39 articles and previously to his admis- Guarantee of "sion, he subscribes the three articles respecting "the supremacy, the common prayer, and the "39 articles: and he makes the declaration of 66 orthodoxy. institution to a conformity. By the act of uniformity, he is Requisites for "bound to use the common prayer, and other benefice. "rites and ceremonies of the established "Church." Law, p. 48. 1803. Ireland. In Ireland, indeed, it is not necessary, either Brown's Ecci at ordination, institution, or taking degrees in Edit. Dublin Dublin College, to subscribe the 39 articles, or any of them-about which subscription there has been so much controversy amongst the clergy Requisites in in Ireland. It is required, however, from every preacher, and particularly from the heads of the college and the signature to the first canon is taken as including approbation of them. The other formalities are necessary, in Ireland as well as in England and surely they are sufficient. 4. "Aliens" are, in this respect," Aliens" moré privileged than placed in a less degraded and disabled condition Catholics. than that of the native Catholics. For, altho' aliens are disqualified, by ancient Law, "" from 1 |