Home rule -- Ireland; Ireland -- Economic conditions; Land tenure -- Ireland
Again, a most serious peril has just been disclosed in the publication
of the _Motu Proprio_ Papal Decree, under which the bringing by a Roman
Catholic layman of a clergyman of his Church into any civil or criminal
procedure in a court of law, whether as defendant or witness, without
the sanction previously ob tamed of his bishop, involves to that layman
the extreme penalty of excommunication. The same penalty appears to be
incurred _ipso facto_ by any Roman Catholic Member of Parliament who
takes part in passing, and by every executive officer of the Government
who takes part in promulgating, a law or decree which is held to invade
the liberty or rights of the Church of Rome. This is a matter of supreme
importance in our civil life. It was one of the questions which, in
Reformation times, led to the breach between Henry VIII. and the Pope.
In a Dublin Parliament no power could resist the provisions of this
decree from becoming law. As a matter of fact, the liberty of speech and
voting attaching to every member of the Roman Catholic majority in a
Dublin Parliament would be under the absolute control of their
hierarchy. Each Roman Catholic member would be bound to act under the
dread of excommunication if he voted for or condoned any legislation
contrary to the asserted rights of his Church, or which conflicted with
its claims. Not only would the legislative independence of a Dublin
Parliament be thus destroyed, but the administration of justice would be
affected on every Bench in the country, from the Supreme Court of Appeal
down to ordinary petty sessions. A grievous wrong would be inflicted on
Roman Catholic judges and law officers, some of whom are unsurpassed for
integrity and legal ability. It is contrary to every principle of
justice to place these honourable men in a position in which they would
have to choose between their oath to their King and their
duty--arbitrarily imposed upon them--to their Church. Jurymen and
witnesses would be equally brought under the sinister influences of the
decree, and confidence in just administration of the law, which is at
the root of civil well-being, would be fatally destroyed.
Public-domain text, read in full here on John Shaqi.
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