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that the English language should be generally understood; to obtain that end in Ireland, it is necessary that the schools formed on a plan of national education, which teach the English language, should not attempt to teach the English religion, because the Catholics who would resort to our schools to learn the one, will keep aloof if we attempt to make them proselytes to the other; and we should by that attempt, reject one great means of uniting our people; and we should continue to add to the imaginary political division, supposed to exist in a difference of religion, a real political division formed on the diversity of language.

I have the honour to be,

Your most faithful servant,
Henry Grattan.

A.D. 1813.

89.-Opinion of Counsel as to restrictions on Catholic Education in

Ireland.

[MSS. original documents, Clongowes Wood College.]

(a) Case for the opinion and advice of Thomas Lefroy, Esquire, [subsequently Chief Justice of the Queen's Bench in Ireland] December 18, 1813.

Counsel will please....to consider and advise: ....Secondly, Does the said Peter Kenny, or do the Gentlemen who have associated with him, Roman Catholic Clergymen, whether they be considered Priests, Friars, Jesuits, or otherwise, lye under any legal disabilities so as to Prevent them Purchasing said House and Demesne of Castle Browne?.....Is there any law now Existing to prevent their setting up a School....for the Education of young Gentlemen? Supposing the money to be applied towards the payment of Such Purchase had been collected and given to said Peter Kenny for the sole purpose of purchasing said House and Demesne, to erect such a Roman Catholic School, would any and what Legal Consequence follow therefrom? If said House and Demesne shall

be purchased, such a School...Established there, ought Protestant Scholars be admitted, or refused admission? Would it be considered in point of Law an Endowed Establishment, altho supported by Pensions to be paid for the Maintenance and Education of the Scholars? And may the said Peter Kenny and the said other Gentlemen with safety Compleat the sd Purchase?

(b) [Mr. Lefroy's Opinion.]

2d. Qu. If Mr. Kenny and the gentlemen associated with him are merely a number of Individuals who have joined for the purpose of conducting an Establishment for Education, they are under no disability as Individuals to purchase Lands.....I am of opinion that the Law allows them, as Individuals, to set up a School...for the Education of persons professing the Roman Catholic Religion, and that they may purchase a House and Lands with....the intention of keeping such School, and....may lawfully use....their Lands and Houses for such purpose so long as such property continues to be the property of individuals, and that those individuals have the right to discontinue the School....

But since the case of the Atty.-Genl. against Power, it must be considered as at least doubtful whether it be not illegal to endow a School....for the exclusive purpose of educating Roman Catholics. I confess until that case drew my attention to the Recital in the act for the Establishment of Maynooth College, and the savings in one or two other acts, which shew the opinion of the Legislature on the subject, I was of opinion that it was legal to endow a School for the Exclusive Education of Roman Catholics. For, having been made lawful to keep such Schools, I could not see any reason to make the Endowment of them illegal, more than the Endowment of any other School which the Law allows. However, the Legislature and the Courts do seem to have entertained a different opinion....My opinion therefore is, that the only way in which the object...can be safely accomplished is by not appropriating in any manner the property...to the Intended School....Doing so they may...employ it for the purpose of Educating Persons in the Roman Catholic Religion.

But it must be confined to such, as the Law does not allow the Education of Protestants at Schools or Seminaries kept by Persons professing the Roman Catholic Religion.....

90. Refusal of License to give Education at Clongowes Wood.

[MSS. original letters, Clongowes Wood College.]

(a) [The Bishop of Kildare, to Denis Scully, Merrion Square, 13 May, 1814.]

Your letter was left by the Revd. Mr. Kenny....I do not know exactly how the Law stands concerning Licenses.....It is the province of the Consistorial Court to grant such Licenses, and I should suppose it to be quite a matter of course...for Mr. Kenny to apply to and receive from Dr. Mitford, through the medium of the Revd. Rawdon Greene, Registrar of the Diocese of Kildare, such a paper.....Charles Kildare.

(b) [Rev. Rawdon Greene to Rev. Mr. Kenny, May 22, 1814.] Before the License can be sealed, it will be necessary for Mr. Kenny to procure a Certificate signed by the Minister and Church Wardens of the Parish of Clane, setting forth that they believe Mr. Kenny to be duly qualified to "keep a School within the said Parish for the Education and Instruction of the Children of persons professing the Roman Catholic Religion." Upon this certificate being transmitted...Mr. G. will without delay forward the License.

(c) [Mr. Greene to Mr. Kenny, June 6, 1814.]

Mr. Greene presents his Compliments to Mr. Kenny, and begs leave to acknowledge the Receipt of his letter stating that the Parish Minister of Clane had refused to give the Recommendation upon which Mr. Kenny's license was to be granted.

Mr. Greene is concerned that he is obliged to inform Mr. Kenny that the License cannot possibly be granted without such Certificate.

91.-State Aid for the Kildare Place' Society.

A.D. 1816.

[Fourth Report of the Society for Promoting the Education of the Poor of Ireland Dublin, 1816: pp. 18-20, 23-26.]

The subscriptions for the year amounted to the sum of £133 3s. 6d., and the Donations to the sum of £303 17s. 6d.....In the last Report of the Society, the then Committee stated "that having in a great measure failed of procuring through individual bounty sufficient funds, and not

having any prospect of being more successful within any reasonable time, they had determined to apply for Parliamentary Aid, in order to procure a fund for the erecting of a suitable building for a Model School, and a Seminary for the Instruction of Masters, and had framed a Petition to the House of Commons for that purpose.'

Pursuant to which determination, your Committee have now to inform the Society, that a Petition was accordingly presented... stating the absolute necessity which occasioned the application; and Parliament has been pleased to grant the sum of £6,980 for the above-mentioned objects; in consequence of which your Committee have been busily employed... .. The Committee for the ensuing year may at once commence proceedings for erecting the necessary buildings....Your Committee have also to state, that the money granted by Parliament has not in the meantime been unproductive, for having memorialed the Lords of the Treasury, they obtained it, for the purpose of making it fructify, until it should be required by the Society, and did accordingly, in November last, lend out £5,000 of it on Government Security, at £6 per cent. interest.......

Your Committee...addressed memorials to the several London Companies possessing estates in the North of Ireland, and although they have not received answers... they yet entertain most sanguine hopes of... assistance... They have also made direct application to several of the absentee proprietors of estates...in many instances...they have not been favoured with answers....

The lower orders seek education with avidity-to the middling and upper orders, it is every day appearing of increased importance.....

A.D. 1816.

92.-Mr. Robert Peel, Chief Secretary for Ireland, on the eagerness of the Irish people for Education.

[Speech in House of Commons, 27 February, 1816.]

I can state, as a fact within my own knowledge, that the greatest eagerness and desire prevails among the lower orders of Ireland for the benefits of instruction; and I regard it as the imperious duty of everyone, even in those times of economy, not to obstruct the progress or the limits of Education, which ought to be as generally and as widely diffused as possible.

Documents-Part II.

A.

A.D. 1733-1743.

A Brief Review of the Rise and Progress of the Incorporated Society in Dublin, for promoting English Protestant Schools in Ireland. From the opening of His Majesty's Royal Charter, February 6th. 1733, to November 6th. 1743.

[Dublin. 1744. 16 pp.].

The slow Advances which the Protestant Religion, and a Spirit of Industry had made among the common people of Ireland, for above an Age past, being observed by some worthy Persons of this Kingdom, they formed themselves into a voluntary Society for setting up Parochial Schools, as the best Remedy they could provide in that Case.

Hereupon many such Schools were set up in Dublin and some other Chief Cities and Towns, under the Encouragement and Direction of several of the Bishops, Nobility, Gentry and Clergy; as a Means to forward the good work, but after the Experience of many Years, they perceived that the Success did not answer their Expectation; for the Children being taught as Day-Scholars only, and afterwards put out Apprentices and Servants, nor far enough from their own homes, their Popish Parents and their Priests, had too frequent Access to them, and often found Means to draw them back to Popery just at that Point of Life, when Children begin to be susceptible of Religious Impressions.

But this Scheme, even tho' it had not failed in any Part, was very insufficient to answer the End of a general Reformation; for as the major Part of those Scholars were the Children of Protestants, the Number of young Converts made in those Schools were very small, and could not have turned the Balance against Popery in the Space of some Centuries.

It was therefore judged necessary to find out some other Expedient, that might operate more extensively and effectually, to the general Conversion and Reformation of the poor Natives. And the Expedient at last happily chosen, was to apply to His Majesty by Petition, that He would by His Charter, Incorporate a Society with Powers for Erecting

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