CHAP. I. Catholic en dowments, &c. Indeed, it has been held, by very respectable authority, and not controverted, "That supersti"❝tious uses are void, not merely by the Statutes Mr. Mitford," of England, but also by the general pobot, 7 Vesey "licy of the Law." forbidden. in Cary, v. Ab jun. 492. 1802. Ibid-Sir W. Commissioners This argument of general policy, being of an undefinable nature,may be pushed to any extent, that may appear to a Chancellor to be necessary for defeating a donation to a Catholic Charity. The Master of the Rolls in England (Sir W. Grant) thus expresses himself: "There is no doubt "that a disposition, for the purpose of bringingup "and educating children in the Catholic Religion, is unlawful." And in Ireland too, in a very recent of charitable case, the Lord Chancellor (Manners) intimated Bray, Dr.Pow- a strong leaning againt the validity of a similar disposition; and, although this case has not been finally decided, there appears but little room to doubt, that his Lordship adopts the construction already received in England. bequests. v. Dr. er, and others -April 21, 1809. Hence all do nations to Ca are void. It is, therefore, not too much to affirm, upon a tholic charities view of all these circumstances, that no person can safely give or grant any Lands, Money, or other property, to or for the permanent support of any Catholic Priest, House of Worship, School, Charitable edifice or foundation of any description,---in Ireland; subject as such donation must be to serious doubts and hazards. That such Donation would CHAP. I. dowments, &c. probably be diverted to Protestant institutions, Catholic endirectly contrary to the donor's intent, is a pos- forbidden. pect sufficiently discouraging, to deter any rational person from granting it. This may be taken, therefore, as equivalent to an actual and positive prohibition. of Charitable 3. Nor is the prohibition dormant. Commissioners For the Irish Legislature has carefully established Bequests. a new Ecclesiastical Board, whose province it is to detect Catholic charities, and to appropriate their funds, when detected and seized, to the better maintenance of Protestant institutions. To effect this object, a special Corporation has been embodied, under the plausible title of "Commissioners of Charitable Bequests." This corporation deserves notice, by reason of its alertness this Board in in hunting down Catholic Charities---It originated tholic charias follows: Alertness of pursuing Ca ties. Its origin ch. 10, 18. In 1763, it was enacted, that all Charitable donations, contained in Wills, should be pub- Stat. 3. Geo lished very particularly, three times successively in the Dublin Gazette, at the expence of the Executor, within three months after obtaining Penalty of 50%. probate of the Will, under a penalty of 50l. in tor, &c. not gacase of his neglect; and, also, that E against Execu zetting Charitable Bequests, extracts three times, CHAP. I. from such Wills should be lodged by the proper Commissioners officers in each diocese, annually, with the clerks of each House of Parliament. of Charitable Bequests. Preamble. Stat. 3 Geo. 3, ch. 10. Lord's Journals 1764-nomina tee. This Statute was made, obviously, for the wise purpose of checking the embezzlement of Charitable donations-a practice but too common in Ireland, as well as in England: and, indeed, it recites as its principle, that " The pious "intentions of many charitable persons were 66 frequently defeated by the concealment or "misapplication of their donations or bequests "to public or private charities in this king"dom." In consequence of this act, an order of the House of Lords of Ireland was made, in 1764, ting a commit- appointing a committee of that House (consisting mostly of Bishops) to carry its purposes into effect. Thus the Law stood until the year 1800, when the present Corporation was established by a new Act. 40 Geo. 3, ch. 4. This Act (not to alarm public ting the corpo-jealousy) professes to be an amendment of the 75-constitu ration of Chari table Bequests. former Act. It recites the appointment of the Committee of the Lords, in 1764, and its exertions; and proceeds thus : "And whereas, by the Union of Great Britain "and Ireland, such Committee will be discon "tinued, and the pious intentions of many chari- CHAP I. "table persons will be, thereby, hereafter (as "before the said Committee was appointed) Preamble, "defeated by the concealment and misappli❝cation of their donations or bequests to public 3. ch. 75. "and private Charities in this kingdom; and Stat. 40, Geo, "it is expedient and necessary, that some public Body should be constituted and appointed "to watch over such charities and bequests, and ❝to enforce the application of them to the pur"poses designed and intended by the pious donors thereof." Plausible pro Statute. This is the preamble---the key to the meaning and construction of the act. It appears, at fession of this, first view, to be solely directed to donations concealed or applied to purposes contrary to the pious intent of the donors; of which the Trustees of numerous old charitable donations to Protestant Schools, and other institutions in Ireland, had afforded flagrant instances. Little could it be suspected, however, that this Statute was calculated principally, (under pretence of amending the act of 1763) to raise a new barrier against Catholic charities; to defeat the pious intents of Catholic donors; and, by enabling a regular array of Commissioners to sue legally as a Corporation, to remove from the Attorney General (whose legitimate province it was) the CHAP. I. odium of filing informations, of his own autho 40 Geo. 3. ch. 75, Sect. 1, the mostly bishops rity, for the confiscation of Catholic bequests. This Statute first appoints the Commissappointing the sioners: consisting of all the Archbishops and & other clergy. Bishops of Ireland, the Judge of the Prerogative Court, several other clergymen, incumbents of parishes, with the addition of the Chancellor and Twelve Judges, all for the time being. Sect. 2. Enlarging the Commissioners It next ascertains their jurisdiction; which is, indeed, both extensive, and formidable to all heterodox donors. 86 66 It enacts, "That the Commissioners and their "successors may sue in every court in this king“dom, either of Law or Equity, for the recovery "of every Charitable donation or bequest, which may or shall be withheld, concealed, or misapplied and apply the same, when recovered, according to the intentions of the donors; or in powers of the case it be inexpedient, unlawful, or impracticable so as to reach to apply the same strictly according to the di"rections and intentions of the donors, then, "to apply the same to such charitable and pious "purposes as they shall judge to be nearest " and most conformable to the directions and in"tentions of the donors-with full costs, to be paid "to the said Commissioners out of the Charitable. "donations." Catholic chari ties, &c. and Beize their funds. "to |