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"Of the Laws, which forbid the Catholics "to have or use Arms, for the defence "of themselves, their families, and "dwellings, upon equal terms with the "Protestants."

Prohibition

lics having

arms, &c.

SECTION 1.

We are now to treat of a disqualifi

against Catho- cation, which infringes the personal security of the Catholic, and bereaves him of one of the most valuable auxiliary rights of a citizen.

144.

Will. and Mary, st. 2. 3. 2. English.

According to the fundamental principles of 1 Blackst. Com the constitution, recognized by solemn Statutes, every citizen is entitled to have arms for his defence, suitable to his condition and degree. This is no more than a public allowance of the natural right of resistance and self-preservation: only to be exercised, however, when the sanctions of society and laws are found insuffi cient to restrain violence or oppression.

Contrast be

In Ireland, the Laws impose grievous restric- CHAP. VIII. tions upon the exercise of this natural and constitutional right by the Catholic Inhabitants: tween the con whilst no restraint or condition, of this nature, lics and Protes touches the meanest individual of the Protestant

community.

The Catholics alone are marked by disqua lification and this upon the sole principle of their religious faith, as will appear from the following abstract of certain Irish statutes:

dition of Catho

tants.

for disarming

2. In 1695, an Act was passed, entitled, 1695--First Act, "An Act for the better securing the government, Catholics,

"

by disarming the Papists." By this Act, all, will. 3. ch. 5. Catholics within the kingdom of Ireland were required to discover and deliver up, by a certain day, to the justice or civil officers, all their arms, armour and ammunition, of every kind. After that day, search might be made in their houses, &c. for arms, &c. concealed, or suspected to be concealed; and any two justices, or a mayor, sheriff, &c. might grant a warrant of search, and compel any Catholic, suspected of having concealed arms, &c. to appear before them, and to answer the charge or suspicion, upon his oath.

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Penalties are enacted against every Catholic, refusing or neglecting to discover and deliver the his arms, or refusing to answer, or obstructing the search-or not appearing to be examined, upon summons, or not answering upon oath, &c.-and also upon every person who shall have any arms, &c. to the use of, or in trust for, any Catholic, viz.

3. ch.5.

Sect. 8,9.

Makers of arms.

For the first offence, a fine of £30, and one year's imprisonment for the second offence, all the pains and penalties of persons attainted in a Præmunire.

Further, by this Act, every maker of fire arms, locks or barrels, swords, knives or other weapons, is forbidden to take any Catholic apprentice, under a penalty of £20 upon the master, and £20 upon the apprentice.

In 1698, another Act was passed, entitled, 10 Will. 3. c. 8. An act for the preservation of game;" which directs, that No Catholic shall be employed

sect. 4.

Second Statute, as fowler for any Protestant, or shall have,

1698.

Gamekeepers.

13 Geo. 2. ch.6

keep, use, or carry any guus or fire arms, under colour or pretence thereof.

In 1739, it was thought proper to re-enact sect. 1, 2, 10. these prohibitions: and, accordingly, an Act Third Statute, was passed for explaining, amending and making

1739.

more effectual, the two preceding Acts of 1695 and 1698. By this Act, the fine upon a Catholic

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CHAP.VIII.

Statutes for

Catholics.

for having arms, &c. was raised to £50; and it was directed, that in case the convicted Catholic should not pay this fine within one disarming the month after the expiration of his year's imprisonment, the informer should be paid the sum of £10, to be presented by the Grand Jury—and levied upon the Catholic Inhabitants of the district.

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Sect. 11.

Powers to Jus

for arms, &c.

In addition to the powers (contained in the former Acts) of searching for arms, &c. at the will and pleasure of the Justice, &c. this Act tices, &c. renders it imperative upon the Justices and corporate officers (under certain penalties) to issue their search-warrants once in every year, au- Annual search thorizing and commanding all high and petty constables, in all the baronies, parishes, and divisions of Ireland, together with any other two persons to be nominated by them, to make close and diligent search, according to the directions of the former Acts, for all arms, armour, and ammunition, in the possession, keeping, or power of all Catholics, within their respective jurisdictions.

It was further enacted, that "No Catholic "should have or keep for sale, or otherwise,

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Sect. 11.

Not to keep

" or under any pretence whatsoever, any war- stores, &c. "like stores, sword blades, barrels, locks, or

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.

15 & 18 Geo 3.

1775.

Rigorous modern
Statute.

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Further, “That in case any Protestant servant "of a Catholic should, with the consent, direction, or privity of his master, carry or keep 66 any arms in his custody, the master and servant "should be, each, liable to the penalty of £20 fine, and one year's imprisonment."

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66

In 1775, a Statute of additional rigour was 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, with in "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 ear"ried away, all arms and ammunition whatsoever, "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, field, 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."

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 arms

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