"The Peasant, who resists this cruel vio- CHAP. IX. "lation of justice, and flies for protection to a vicars' Courts.

66

petty court, soon to his destruction dis-in Ireland.

covers, that, which should have been his

asylum, receives him as a devoted victim that, by the collusion of the court, or the "imbecility of the judge, he falls a sacrifice to

his temerity; and a Decree is obtained, which "involves him and his family in certain ruin.” "Thus a fear is excited, which operates to

the advantage of the Proctor, &c.—and pre"vents the object of their plunder from seeking "redress in a summary way.

"

Mr. Grattan.

"The Vicar's court in the Arch-diocese of Described by Cashell appears, from incontestible evidence, "to be a most iniquitous one. This Court cal"culates the number of barrels, which the acre "of potatoes, wheat, or oats, might produce"either on a superficial and partial view of the farm, or the most extraordinary and partial "estimate of the Proctors.

"From the Decrees I have read, it appears, "that the Parsons and Proctors claim and "receive market prices for Tithes: whereas, "in justice and equity, field prices only can be "demanded. To insist on market prices, is a "monstrous exaction. It is claiming a Tithe " of labour, as well as of property; as no

CHAP. IX.

Vicars Courts in Ireland.

Described by

"allowances are made for digging or drawing : "no recompence for the labour of the pea"sant

"In a year of scarcity and dearness, it

appears, that the Clergy and their Proctors "set forth a plenty produce, and thereto annex "a famine price: availing themselves of famine, which is unchristian and uncharitableand making plenty itself the scourge of the

farmer.

"That this has been done, appears evident Mr. Grattan, from the Decrees in the cases of poor people— "who, to a good Christian, should have been "objects of succour, particularly in a year of scarcity-and not the devoted objects of "extortion.

"The hapless people of the South are hus"bandmen from necessity, not choice. They "have no other means of existence and for all

their exertion, what is their reward? Nonebut, on the contrary, whilst it distinguishes them as the most useful members of the "community, it subjects them to the predatory

:

grasp of avaricious proctors, and unfeeling tithe-farmers. Where can the Tenantry of "Ireland look for protection, if you deny "them assistance? They are the pillars of the State-and, if not humanity, at least

"good policy, should guide you to cherish CHAP. IX.

" them."

chap.

Vicars' Courtą.

This moving statement was corroborated by a noble Earl, since deceased; who added, "I cannot forbear to mention the oppressions ** and distresses under which the poor in the Lord Kingsbor "South of Ireland labour-I reside in

ough, afterwards that Earl of Kingston:

father of the

86 part of the kingdom, and therefore cannot be present Earl. ignorant of them. The people, who culti

"vate the poor land in the county of Cork,

"

are utterly unable to pay Tithe of any kind- His testimony. and yet Tithe of every kind is most rigor

ously demanded from them. I have myself "been cited to an Ecclesiastical court for pay"ment of an illegal demand and which,

illegal and exorbitant as it was, I should "have been obliged to comply with, without "ever having joined Issue-were I a poor "man."

We have not heard of any amendment in these Courts, since these forcible testimonies were borne to their principles and practice and we apprehend, that it is needless to adduce further proofs of the general subjection in which the Catholics of Ireland are held, touching the Administration of Justice through the medium

CHAP. IX. of persons invested with any portion of Judicial Judicial Offices, power. Let us next enquire, whether Justice is purely administered to the Catholics, by Juries in Ireland.

SECTION 11.

Boasted excel

by Jury.

Trial by Jury-how administered to the
Catholics of Ireland.

1. TRIAL by Jury has long been lence of Trial acknowledged, by all Jurists, to form the prominent feature of excellence in the British Constitution. Every treatise upon the Laws of these realms presents to the Catholic reader the most elaborate and exalted character of this admired Tribunal. We are told, that " its "frame and constitution are the most excel

Blacks Com. vol. 3. p. 363,

&a

lently contrived for the test and investigation "of truth-that the scrupulous delicacy, the impartial Justice, the admirable management, by which the Law of England approves itself in this respect, challenge the reverence " of mankind-that these perfections appear "most remarkably, as follows

1.

"In the avoiding of Frauds and secret CHAP. IX. 26 management. Juries.

2." In quashing the whole Panel or Array; "if the returning officer is suspected to be other "than indifferent--and in repelling particular Jurors, if probable cause be shewn of malice. or favour to either party.

σε

"And that, in fact, the nomination amounts Their boasted practically to an appointment of the Jury by cellence.

"the mutual consent of both parties.

"We are further taught, that the Trial by "Jury is the principal bulwark of our Liberties.

purity and ex

That it was so insisted upon by Magna Magna Charta, "Charta-[the framers of which, be it always remembered, were Roman Catholics.]

"That it is of the highest and most beneficial Blackst. Com. vol. 3. p. 363, "nature; that the more it is searched into and &c. "understood, the more it is to be valued.

"

That it is expeditious, cheap, convenient, "equitable, and certain.

"That, upon these accounts, it has ever been "looked upon as the Glory of the English Law. "That Rome, Carthage, and Sparta, lost Montesqu. Esp. "their liberties only because they were strangers "to this inestimable shield of Defence.

"And, in fine, that it is the most transcendant Privilege that any subject can possibly enjoy

d. Loix.