gative proof, and to show by sufficient evidence
that he has not been sent abroad against the intention of the act. If he
succeeds in this difficult exculpation, and demonstrates his innocence
to the satisfaction of the court, he forfeits all his goods and
chattels, and all the profits of his lands incurred and received before
such acquittal; but he is freed from all other forfeitures, and from all
subsequent incapacities. There is also another method allowed by the law
in favor of persons under such unfortunate circumstances, as in the
former case for their innocence, in this upon account of their
expiation: if within six months after their return, with the punctilious
observation of many ceremonies, they conform to the Established Church,
and take all the oaths and subscriptions, the legislature, in
consideration of the incapable age in which they were sent abroad, of
the merit of their early conformity, and to encourage conversions, only
confiscates, as in the former case, the whole personal estate, and the
profits of the real; in all other respects, restoring and rehabilitating
the party.
* * * * *
So far as to property and education. There remain some other heads upon
which the acts have changed the course of the Common Law; and first,
with regard to the right of self-defence, which consists in the use of
arms. This, though one of the rights by the law of Nature, yet is so
capable of abuses that it may not be unwise to make some regulations
concerning them; and many wise nations have thought proper to set
several restrictions on this right, especially temporary ones, with
regard to suspected persons, and on occasion of some imminent danger to
the public from foreign invasion or domestic commotions.
But provisions in time of trouble proper, and perhaps necessary, may
become in time of profound peace a scheme of tyranny. The method which
the statute law of Ireland has taken upon this delicate article is, to
get rid of all difficulties at once by an universal prohibition to all
persons, at all times, and under all circumstances, who are not
Protestants, of using or keeping any kind of weapons whatsoever. In
order to enforce this regulation, the whole spirit of the Common Law is
changed, very severe penalties are enjoined, the largest powers are
vested in the lowest magistrates. Any two justices of peace, or
magistrates of a town, with or without information, at their pleasure,
by t
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