Home rule -- Ireland; Ireland -- Economic conditions; Land tenure -- Ireland
The situation has been strongly complicated by the promulgation of the
_Motu Proprio_ decree, and the refusal of the authorities of the Roman
Catholic Church to say definitely whether it applies to Ireland or not.
We may assume that, if Archbishop Walsh could have given a categorical
denial to the statement that the decree must operate in Ireland under
Home Rule, he would have done so. The decree _Motu Proprio_ forbids any
Roman Catholic to bring his priest or bishop into court under pain of
excommunication. The Roman Catholic Church has made many similar efforts
during history to oust the jurisdiction of the ordinary courts, and each
attempt has had to be sharply and sternly resisted by the civil
authorities of Roman Catholic countries. We need not discuss how much
there may be said from a theological standpoint for the decree; we are
only concerned to show that it raises pretensions which no State can
possibly permit to be recognised. There have been too many attempts,
successful and unsuccessful, to oust the jurisdiction of the King's
Courts in Ireland, for this new attempt to be viewed with equanimity.
The United Irish League has set up courts which try men for imaginary
offences committed during the exercise of their ordinary civil rights,
and pass illegal sentences and inflict illegal punishments. Under the
reign of Liberal Governments the writ of these courts runs where the
King's writ cannot run, and the law of the League has been allowed in
great measure to supersede the law of the land. We have also an
increasing force in Irish Nationalism which seeks to paralyse the
government of Ireland by means of the general or sympathetic strike.
This organisation seeks to establish courts in Ireland in opposition to
the ordinary law courts, and to enforce their decrees by means of
illegal intimidation and outrage. The people of Ireland have therefore
been familiarised with the idea of courts competing in authority with
those of the King's Government. Supposing under Home Rule the Judiciary
proved less pliable than was expected or desired, the development of
such competing authorities would be facilitated by a complaisant
Cabinet in Dublin. But of all attempts to over-ride the authority of law
this conspiracy to exempt ecclesiastical persons from its scope is the
most insidious and dangerous. The existence of a class of men answerable
for their actions, not to any domestic tribunal, but to a foreign
ecclesiastical court, cannot now be tolerated by any self-respecting
Government. Yet it is not easy to see how an Irish Cabinet could refuse
to make, by executive if not by legislative action, what is now the law
of the Church eventually the law of Ireland. Against this danger no
safeguards can be devised. If the Administration refuses to put the law
into effective operation against a certain class of offender or abuses
the prerogative of mercy in his favour, there is no power in the
constitution to coerce it. A few years ago we saw in Ireland the
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account