CHAP. II.

Under the Statute of 1793 a Catholic might

Impediments have qualified at any time previous to tendering to Catholic vo- his vote. By the Statute of 1797 it appears to

ters.

77.

have been understood, that he should qualify previous to the teste of the writ of Election, which may be thirty days previous to the election. Opposite decisions upon this question were made by returning Officers, and very many Catholics were consequently disfranchised.

This difficulty has been lately obviated by a 51 Geo. 3. ch. Statute, (1811,) which permits the Catholic voters to take the Oaths of Qualification pending the Election; and directs the returning Officer to open a Court for the purpose of administering such Oaths. The Catholic voter is, however, still required to qualify by taking these Oaths, as a condition precedent to his exercise of the Elective Franchise.

In corporate
Cities and
Towns.

2. Besides the general inconvenience of thus subjecting the Catholics to Oaths of qualification, not imposed upon Protestants, they suffer peculiar restraints and obstructions in Elections for Cities and Towns corporate.

They are denied equal means of acquiring the Elective Franchise with those, which are enjoyed by the Protestants.-Catholics are scarcely ever made free by Grant and such as become

Post. 101.

entitled to their Freedom, by Birth or service, CHAP. II. are rarely admitted. Their Petitions are cushioned: and therefore, unless the Catholic acquires a freehold Interest in Lands or Houses within the corporate town or its liberties, and entitles himself as a registered Freeholder, to vote at Elections of Members to vote in Parliament, he remains excluded from all participation of the Elective Franchise-whatever be his wealth, character, merit, or commercial respectability. This subject shall be further developed in the next Article, which treats of Corporations.

Post. 101, &c.

Impediments

franchise in

ties and

Towns.

Thus it appears, that the Catholics actually suffer much inconvenience and comparative disadvantage, in the enjoyment of this right: In Cities and corporate Towns, the Elective Fran- to Catholic chise as appertaining to freemen is, by the Corporate Cipractices we have noticed, almost solely confined to Protestants-who are, therefore, in the ratio of at least fifty to one of the Catholic Freemen, in consequence of the watchful jealousy with which the Freedom is withheld from Catholics. This monopoly, then, occasions an unnatural, but decided preponderance of Protestant voters at Elections. of Members for such places; contrary to the professed and rightful principle of granting equal qualification to persons of all Religions.

CHAP. III.

CHAP. III.

Of the Laws, which exclude the Catholics from Municipal Offices in Cilies

66

and

"Towns Corporate; and herein of the "Corporate Franchise, as enjoyed by the Ca"tholics."

SECTION I.

Public mis- THE general inconvenience and public mis

chief of all

munities; now

Corporate im- chief, resulting from the existence of Corporate generally ad- immunities, are

mitted,

now pretty generally understood and acknowledged. Corporations, possessing exclusive privileges, are prejudicial to society at large, without distinction of religion. They are reprobated by the most eminent men. Doctor Adam Smith pronounces, amongst their many Wealth of Na- other evils, that "They are a sort of enlarged

tions, vol. 1. p. 91, 93, 201, 284, &c.

monopolies; they keep up the price of labour,

"and of particular commodities, above their "natural rate. They necessarily restrain com¬ "petition in the particular town to those whe

ments.

"are free of the trade; thus depressing excel- CHAP.III. "lence, and favouring unskilfulness. They Paley's senti"promote and encourage combinations against "the public." Archdeacon Paley more boldly Mor. and Pol. declares, that "Nothing so alienates the minds Philos. vol. 2."of the people from the Government under "which they live, as a perpetual sense of an

noyance and inexpediency; or so prepares "them for the enterprizes of an ambitious Prince "or a factious demagogue, as the abuse which " almost always accompanies the existence of sepa“ rate immunities.”

P. 182.

peculiarly

Ireland.

Our purpose is to detail only the additional Corporations means of annoyance, which the municipal cor- vexatious in porations of Ireland possess, as superadding the principle of religious hostility to the general spirit of intolerance and jealousy, inherent in the constitution of all corporate bodies.

Cor-Catholics ex

cluded in 1667.

Lord 17 and 18 Ch.

This exclusion of Catholics from porate offices, was effected during the reign of Charles II. and in the year 1667. Certain Rules, orders, and directions were, in that year, promulgated and established by the then Lieutenant of Ireland, (the Earl of Essex) his privy council-purporting to regulate Corporations of Ireland and the election of Corporate officers. Having been confirmed by an

and

2. ch. 2. 82. en

titled, An Act

for the explanation of the

the Act of Settle

meat, &c.

CHAP.III. Act of Parliament, they derive of course the authority of established Law. These Rules, &c. are to be found amongst the printed Irish Statutes, (Vol. 3.-p. 205-235,)

All Corporate

distinct chapters.

But, in substance, they

and are detailed in

direct, "That no Offices, &c. in." person shall be Mayor, sovereign, portreef, the Catholics. "burgomaster, bailiff, alderman, recorder, treasurer, sheriff, town-clerk, common council

terdicted to

66

66

man, master or warden of any guild, corpo14 and 15 Ch. ration, or fraternity, or hold any such or the

2. c. 2. s. 185.

17 and 18 Ch.2. c. 2. s. 82.

Lord Lieuten

ant's dispens

gatory.

“like offices in any city, walled town, or corpo"ration in Ireland:

66

"Unless he shall have taken the Oath of supremacy, established by Act of Parliament, [2 Elizabeth] and certain other oaths, spe"cified by those Rules-(such persons only ex"cepted, with whose taking the said oath of "supremacy the Lord Lieutenant, or other "chief governor of Ireland for the time being, "shall think fit, by writing under his hand and "seal, to dispense.)"

Such are the Statutable regulations, ordaining ing power nu the universal proscription of the Catholic body from all Corporate offices whatsoever. The dispensing power, vested in the Lord Lieutenant, has not mitigated this proscription. It does