The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)Burke, Edmund
Philosophy
The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
It is here necessary to state as a part of this law what has been for
some time generally understood as a certain consequence of it. The act
had expressly provided that a Papist could possess no sort of estate
which might affect land (except as before excepted). On this a
difficulty did, not unnaturally, arise. It is generally known, a
judgment being obtained or acknowledged for any debt, since the statute
of Westm. 2, 13 Ed. I. c. 18, one half of the debtor's land is to be
delivered unto the creditor until the obligation is satisfied, under a
writ called _Elegit_, and this writ has been ever since the ordinary
assurance of the land, and the great foundation of general credit in the
nation. Although the species of holding under this writ is not specified
in the statute, the received opinion, though not juridically delivered,
has been, that, if they attempt to avail themselves of that security,
because it may create an estate, however precarious, in land, their
whole debt or charge is forfeited, and becomes the property of the
Protestant informer. Thus you observe, first, that by the express words
of the law all possibility of acquiring any species of valuable
property, in any sort connected with land, is taken away; and, secondly,
by the construction all security for money is also cut off. No security
is left, except what is merely personal, and which, therefore, most
people who lend money would, I believe, consider as none at all.
Under this head of the acquisition of property, the law meets them in
every road of industry, and in its direct and consequential provisions
throws almost all sorts of obstacles in their way. For they are not only
excluded from all offices in Church and State, which, though a just and
necessary provision, is yet no small restraint in the acquisition, but
they are interdicted from the army, and the law, in all its branches.
This point is carried to so scrupulous a severity, that chamber
practice, and even private conveyancing, the most voluntary agency, are
prohibited to them under the severest penalties and the most rigid modes
of inquisition. They have gone beyond even this: for every barrister,
six clerk, attorney, or solicitor, is obliged to take a solemn oath not
to employ persons of that persuasion,--no, not as hackney clerks, at the
miserable salary of seven shillings a week. No tradesman of that
persuasion is capable by any service or settlement to obtain his freedom
in any town corporate; so that they trade and work in their own native
towns as aliens, paying, as such, quarterage, and other charges and
impositions. They are expressly forbidden, in whatever employment, to
take more than two apprentices, except in the linen manufacture only.
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