on, which here follow in order the
Fragment on the Popery Laws, are the only writings upon this
subject found amongst his papers in a state fit to appear in
this stage of the publication. What remain are some small
fragments of the Tract, and a few letters containing no new
matter of importance.
TRACT
ON THE POPERY LAWS
THE PLAN.
I propose, first, to make an Introduction, in order to show the
propriety of a closer inspection into the affairs of Ireland; and this
takes up the first chapter, which is to be spent in this introductory
matter, and in stating the Popery laws in general, as one leading cause
of the imbecility of the country.
CH. II. states particularly the laws themselves, in a plain and popular
manner.
CH. III. begins the remarks upon them, under the heads of, 1st, The
object,--which is a numerous people; 2ndly, Their means,--a restraint on
property; 3rdly, Their instruments of execution,--corrupted morals,
which affect the national prosperity.
CH. IV. The impolicy of those laws, as they affect the national
security.
CH. V. Reasons by which the laws are supported, and answers to them.
CHAPTER II.
In order to lay this matter with full satisfaction before the reader, I
shall collect into one point of view, and state as shortly and as
clearly as I am able, the purport of these laws, according to the
objects which they affect, without making at present any further
observation upon them, but just what shall be necessary to render the
drift; and intention of the legislature and the tendency and operation
of the laws the more distinct and evident.
I shall begin with those which relate to the possession and inheritance
of landed property in Popish hands. The first operation of those acts
upon this object was wholly to change the course of descent by the
Common Law, to take away the right of primogeniture, and, in lieu
thereof, to substitute and establish a new species of Statute Gavelkind.
By this law, on the death of a Papist possessed of an estate in fee
simple or in fee tail, the land is to be divided by equal portions
between all the male children; and those portions are likewise to be
parcelled out, share and share alike, amongst the descendants of each
son, and so to proceed in a similar distribution _ad infinitum_. From
this regulation it was proposed that some important consequences should
follow. First, by taking away the right of primogeniture
|