Corporations. broad foundation of each Municipal government. CHAP. III. From this body are elected the Civic magistrates Freedom of and corporate officers; and, to the freemen and their families are limited all the privileges, exemptions, and benefits, derived under the common charter of Incorporation. This freedom is, therefore, of considerable value Its value, to a citizen-and especially in three ways, viz. In voting at 1. In qualifying him to vote at Elections of Elections. Members to represent the corporation in Parliament; of the Mayor, Aldermen, Common council-men, and other magistrates-and thus vesting in the Freeman a control over the choice and conduct of the candidates for those situations. his 2. In exonerating the Freeman and family from the payment of various market tolls and local duties, to which a Non-freeman is subject. In exoneration from Tolls. Trades. 3. In securing to him an indirect monopoly of Inmonopoly of the exercise of various trades and arts-by the exclusion of such persons as have not served legal apprenticeships. Now, although there exists no positive Law, directly disqualifying the Catholics from acquiring or enjoying this Freedom, yet they are, indirectly but effectually, excluded from the opportunities of attaining it. CHAP, II, Freedom of Stat. 1. Geo. 2. Catholics ex This shall be presently demonstrated; and it will clearly follow, that the present number of Catholic Freemen is necessarily very inconsiderableand, for various reasons, must continue so. 2. When the Catholics, in 1727, were ch. 9. Sect. 8. deprived of the right of voting at Elections of Members of Parliament for Cities and towns corcluded in 1727. porate, and also at the elections of the Civic magistrates, they were stripped of one great inducement to seek the freedom of corporations, as well Freedom not as of the chief recommendation for obtaining it by Grant. This disability, co-operating with the persecuting spirit of the times, gradually deterred them from soliciting even the imperfect franchise, For what rea- which remained. It also became more difficult to obtain it. Partial prohibitions were enacted, by Cha. 2. 2. 13. Statutes, against taking Catholic apprentices, attainable by Catholics since that time. sons. Stat. 14 and 15 Sec. 6.7. Wil.3. ch. 5. Sect. 8. 8 Anne, ch. 3, Consequently, freedom by service was rendered Sect. 37, No benefit un der the Statute of 1793. less attainable: and, the number of Catholic freemen by service being thus circumscribed,. those entitled by birth decreased in proportion. And, although the rights of voting, which they lost by the statute of 1727, were nominally restored by the Statute of 1793, yet the Catholics have not, in reality, derived any benefit from this restoration. For, the long lapse of Sixty-six years of incapacity having effected a complete exclusion grace es Corporations. of the Catholics from Corporations, they were CHAP. III. obliged to resort to the third mode of acquiring Freedom of their freedom-namely, by Grant, or " "pecial," as it is termed. This power of granting freedom by "grace especial" being, however, vested in the existing members of the Corporations, the exercise of it in favour of Catholics remains suspended by the hostile spirit of the Penal Laws; except, perhaps, in rare and occasional instances, where a Catholic (working, like an Israelite in Algiers, by petty submissions, or by private douceurs,) contrives to become a favourite with the proprietor of the Corporation, or with its leading interests. Not attainable by Catholics. " cushioned." Nay, even where a Catholic happens to be legally entitled to his freedom, either by Birth or Service, his admission is generally obstructed. His Petition is not, indeed, directly refused; for, Their Petitions in that case, a Mandamus might lie to compel a compliance; but no answer is returned; and the consideration of the subject is adjourned "sine die," "Petition." This is termed, cushioning a Freemen. 3. In the city of Dublin, for instance, In Dublin2400 the 24 Guilds or Fraternities comprize, as is Not 100 Cathosupposed, about 2,400 Freemen. Probably not lic Freemen. CHAP. III. 100 of this number are Catholics; and these, Freedom of though free of their respective Guilds, and capable of voting at Elections of officers within Corporations. ioned." those Guilds, are yet incapable of voting at Catholic Peti- Elections of Members to serve in Parliament for tions" cushthe city; for they are uniformly "cushioned" when petitioning to be made free of the City at large. The like practice prevails throughout the other Corporations of Ireland. Corporate freedom offered ers, French, Athests, &c. Hence, although no express Law prohibits Catholics from becoming Freemen of cities and towns corporate, yet so many are the obstacles and discouragements in their way, that, in fact and practice, they are almost wholly excluded from this franchise. 4. While such is the jealousy of the to all foreign- Law against Catholics, the natives of the Land, Turks, Jews, possessing talents, industry, property and known integrity-it is curious to observe the unbounded liberality of the Irish Legislature, in holding out inducements to the natives of all other countries, (French, Dutch, Genevese, Turks, Jews, and Atheists) to settle in the cities and towns of Ireland, and accept the Corporate Franchise. This appears on the face of the Statute book, in various Acts, from 1664 down to 1796. Corporations. They commenced by declaring, that "All CHAP. III. "Protestants (strangers and others) then residing Freedom of in or thereafter coming into, any city, town, "&c. shall, upon tender of 20s. fine to the chief Stat 14 and 15. "magistrate, be admitted freemen, or members "any Guild, &c. "And shall, during residence for the most part, Cha. 2.ch. 15. Facility in ad "enjoy all the privileges of freemen, and be "taken as denizens; they first taking the oath of mitting foreign "supremacy, &c. "A penalty of 1007. is imposed, by this Sta"tute, upon any chief magistrate refusing to "admit such person and the person so refused 66 66 may, upon taking these oaths before any neighbouring magistrate, become a freeman, " ipso facto." ers to Freedom Parliamentary `Ireland, 4 Feb. Here we stop to record a proposition to ex- Debates of tend the benefit of this Act to Catholics, which 1793was made, but unsuccessfully, by Mr. Osborne, (now Mr. Justice Osborne) in the debate upon the Catholic Act of 1793 in the Irish Parliament. The proposition was warmly supported by Mr. John Bagwell, then a member for the County of Tipperary, in the following terms, viz. recommenda "I strongly recommend it to the Right Mr. Bagwell's "Hon'ble Secretary (now Earl of Bucking- tion in 1793, hamshire) to extend the benefits of this "of 14 and 15 Charles II. to the Catholics 66 for granting Act the freedom of Corporations as to Catholics, |