CHAP. VIII." Stocks of guns or fire arms, under penalty "of £20 fine, and one year's imprisonment." Sect. 14. Statutes for disarming the Catholics. 1775. Further, "That in case any Protestant servant "of a Catholic should, with the consent, di"rection, or privity of his master, carry or keep any arms in his custody, the master and servant "should be, each, liable to the penalty of £20 "fine, and one year's imprisonment. 22 22 In 1775, a Statute of additional rigour was 15 & 16 Geo 3. ch. 21, sect. 15. enacted, entitled, “ An Act to prevent and punish tu, "multuous risings of persons within this kingdom.' "By this Act any one justice, &c. is empowered, within his county or jurisdiction, from time to time, as well by night as by day, to search for, seize, and carry. "away, or cause to be searched for, seized, and car"ried away, all arms and ammunition whatsoever, Rigorous modern Statute. 66 belonging to, or in the custody or possession of any "Catholic (not duly licensed) or in the hands or pos"session of any person in trust for any Catholic; and "for that purpose to enter into any dwellinghouse, "out-house, ficid, or other place, belonging to any "Catholic, or reputed Catholic, or belonging to any "other person whatsoever, where such justice shall "have reasonable cause to suspect that any such arms ❝or ammunition shall be concealed." 66 Such arms and ammunition, so seized, shall be preserved for the king's use. If any justice, &c. after such search made, shall still have cause to suspect, that any armıs 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. Catholics. If any such Catholic or other person, upon Sect. 17, such search, snall refuse to deliver up his arms, 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, 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" fine and im whipping. This Act was made perpetual, in 1800. 40 Geo. 3. c. 96. SECTION II. What mitigation of these severe Laws. 1. HAVING thus stated the Laws, which How far miti have debarred the Catholics of Ireland, generally,' from the use of arms, we proceed to inquire, gated. CHAP. VIII. how far this prohibition has been since miti Effect of the Prohibition re the poorer Ca gated. The Statute of 1793, (to which we have already adverted, and entitled, "An Act for the "relief of his Majesty's Roman Catholic sub jects in Ireland") re-enacted this prohibition enacted against against the humble and unprotected Catholics, but qualified and almost removed it, upon certain conditions, as to the wealthy Catholics. It declares, however, tholics, 33 Geo. 3. "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 ce 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, of 100 yearly of freehold estate, or pos sessed of 1000l." seized of a freehold estate of £100 yearly, value of personal estate, are qualified. Also certain " or possessed of a personal estate of £1000 66 or upwards, who are hereby authorized to 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 " of the fact of such property)—and Catholics, so qualifying, may keep arms and ammunition, as Protestants may-so long as they con"tinue to possess such property. What Catholics are qualified to 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. CHAP. VIII. upon Catholics 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 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 gunAnte, p. 174-smith's apprentice; to keep for sale, or other177. wise, any warlike stores, ammunition, sword blades, barrels, locks, or stocks of guns or fire arms. SECTION III. The meanest and poorest Protestants are 1. THE Laws, which thus disqualify the Catholics from having or using arms, are felt the all qualified, 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 exception. |