The third Section merely declares, that five CHAP. I. Commissioners shall constitute a Quorum, but Commissioners that an Archbishop or Bishop shall always be Bequests.

one.

of Charitable

The fourth Section directs, that the returns of Sect. 4. those Charitable legacies, which were by the former act directed to be made to the clerks of Parliament, shall in future be lodged with the Secretary of this new Board.

Statute of 1810

to Catholic

5. Thus has the Irish Parliament, in Effect of the the last year of its existence, solemnly organized a upon donations powerful Inquisition, vigilant and eager in the Charities. pursuit of its prey, and armed with every necessary authority for discovering and seizing the funds, destined by dying Catholics for the maintenance of the pious and the poor of their own Communion.

For instance, a Catholic bequeaths certain small annuities, for the decent support of his Parish Priest, the occasional repairs of the Catholic Chapel, and the better education of the AnExample of youth of the parish; and he confides the fulfil

ments of his pious intent to two solvent and upright Executors, of his own choice and approbation. Upon his death, his Executors are obliged, under penalty of 50l. to publish these bequests in the Dublin Gazette three times

its operation.

CHAP. I. successively, with every particular circumstance, Commissioners within three months after obtaining probate of the Will, Thus, or through some other channel,

of Charitable Bequests.

Information filed against Catholic Charities.

these bequests attract the notice of the Commissioners of Charitable bequests, or of their Secretary, &c.

They instantly file an Information in the Court of Chancery against the Executors, alledging, "That those bequests were given to unlaw

66

ful and superstitious Uses; that they are "therefore vested in the King, who, in his "capacity as Head of the Church, is entrusted,

by the Common Law, to see that nothing "is done in propagation of a false Religion: "that those bequests, though unlawful, cannot

66

even revert to the representatives of the donor: "for, having manifested some Charitable intent, "but mistaken the legal mode of effecting it, "he is to be considered as having given the

66

bequest to general purposes of Charity, of "which the King is authorized to select the "legal objects: That, therefore, the King is to "direct and appoint the appropriation of these "bequests, in eodem genere, to Protestant chari"ties such as shall appear to be the nearest and "most conformable to the charitable intentions "of the donor: or (technically speaking) to "execute those intentions cy pres

Bequests.

Proceedings of

The Commissioners, proceeding in such an CHAP. I. Information, will, of course, be entitled to the Commissioners benefit of the Statute; they may recover and of Charitable apply the bequests according to its provisions; and (lest any hazard should deter them) their the Commi full costs and expences are directed to be reimbursed to them out of the Charitable donations, although the Executors resisting such Informations are not allowed a similar indemnity.

sioners.

frustrating Do.

tholic Charities

Suffice it to say, respecting the general conduct Their zeal in of this Board, that their zeal and activity in the nations to Cadischarge of their ungracious functions have completely succeeded in frustrating every attempt of the Irish Catholics to provide any permanent maintenance for the Ministers of their worship, their places of education, pious or Charitable foundations.

or other

6. This state of things is to be de- Hardship of this prohibiplored, in every point of view. The prohibition tion. is not merely churlish and unseemly in itself, but highly injurious to the country in its hope of improvement and civilization. It is directed peculiarly, too, against the Catholic Clergy and charitable institutions:

of other Religions are exempt from it.

for those

The Established Religion, as we have seen, Ante. p.42,&c. enjoys every facility for similar purposes. Nu

CHAP. I. merous Statutes have been framed, expressly, for Commissioners removing all impediments in the way of donations, even of Lands, to various ecclesiastical

of Charitable

Bequests.

10 Cha, 1. Sess, 3, ch. 1.

10 and 11 Cha.

1. ch.2. 15 Cha 1 ch. 11.

2 Anne, ch. 10

bodies of the Protestant Faith.

Charitable donations, in favor of Protestant Dissenters and their establishments, are held valid

and 19, &c.&c. in Ireland, as well as in England, under the

diam, 346. 1 Bac, abridg, 582, Gwyllim's Edit.

By Lord Thurlow, Isaac v. Gomperty, ci

Junr, p. 494.

Even an establishment for the education of Jews is held to be a legal and valid Charity.

Surely, then, under all the peculiar circum, ted in 7 Vesey stances of the present times, and especially of the People of Ireland, it would be but wise and reasonable to extend full protection to donations of every kind for Catholic charities, and for the decent maintenance of Catholic worship,

Facilitiesgiven to minor ob*jects,

3 Geo. 2. c. 11. 31 Ch. 2. c. 11.

23 and 4 Gro. 3, c. 49.

7. Towards other purposes, far infe rior in national importance and value, the Legis lature has evinced a laudable favour; nay, has in some instances interfered to remove the impediments of family settlements, solemnly perfected.

Thus, a Tenant for life, with immediate remainder to his issue, is empowered to grant twenty acres of land for ever, towards endowing a Rectory with glebe.

A tenant in tail, in possession, may grant forty acres of land for the like purpose,

Tenants for life, in tail, or in fee, Corpora- CHAP. I. tions, bishops, and dignitaries, may grant one 19.Geo.3,c.16, acre of land for ever, for the purpose of building a new Church.

Sect. 3.

statutes, Sec. 3.7 Geo.3.

5 Geo. 5, c. 20.

limited

C.

Geo. 3, c. 15. 1 Geo. 3, c. 8.

8, 17 and 18.

very 21

for

and 22 Geo.

3. c. 37. 25.

building Geo.

houses,

25 Geo. 3, c.

62. 27 Geo. 8,

c. $1. 27 Geo.

The like powers are, by various granted to tenants for life (or for other estates) for granting lands for ever, or long terms, in order to encourage the of County infirmaries, hospitals, fishery mills, corn-markets, light-houses, watch-houses, 3, c. 57. 3 Geo. Dublin work-houses, Charter-shools--for couraging bleach-greens, linen manufactures, and other local and partial objects. Even the legal impediments of infancy, of trusts outstanding, &c. are, in many instances, removed in order to facilitate the purposes we have

enumerated.

en

the

3, c. 34. 5 Geo. 3. c. 9. 27 Geo. 3. c, 20,&c,&c.

Catholics alone are disabled fromendowing,

pos- &c.

Yet no facility is afforded by law, nay, bare permission is not accorded---to.a person sessing full dominion dominion over over his property, for exercising his benevolence towards objects, so necessitous and so interesting, so extensively important and valuable as those of Catholic education, and the maintenance of ministers and houses of worship for the people of Ireland.]