Home rule -- Ireland; Ireland -- Economic conditions; Land tenure -- Ireland
As if to define with perfect clearness, in the face of the modern world,
the traditional claim of the Roman See, there has issued from the
Vatican, within the last few weeks, a Decree which sets the Roman clergy
above the law of the land. This ordinance, which is issued _motu
proprio_ by the Pope, is the re-enactment and more exact definition of
an old law. It lays down the rule that whoever, without permission from
any ecclesiastical authority, summons any ecclesiastical persons to a
lay tribunal and compels them to attend publicly such a court, incurs
instant excommunication. The excommunication is automatic, and
absolution from it is specially reserved to the Roman Pontiff. This fact
adds enormously to the terror of it, especially among a people like the
Irish Roman Catholics. Great discussion has taken place as to the
countries in which this Decree is in force. No one was surprised to hear
that Germany was exempt. Archbishop Walsh, the Roman Catholic Archbishop
of Dublin, in an elaborate discussion, gives the opinion that the Decree
is abrogated under British law by the custom of the country, which has
in the past rendered impossible the observance of the strict
ecclesiastical rule in this matter, but is careful to add that this is
only his opinion as a canonist, and is subject to the decision of the
Holy See. When this plea is examined, it is found to mean simply this,
that the law is not strictly observed in case of necessity. That this is
the meaning of Archbishop Walsh's plea is proved by a quotation which he
makes from Pope Benedict XIV. The principle laid down by Pope Benedict
is that when it became impossible to resist the encroachment of adverse
customs, the Popes shut their eyes to what was going on, and tolerated
what they had no power to prevent. It is exactly the principle of
toleration as a temporary expedient. The re-enactment of the law by the
present Pope means surely, if it means anything, that such toleration
is to cease wherever and whenever the law can be enforced. But, be it
observed, this necessity is entirely dependent on the strength of the
authority which administers the civil law. The moment the civil
authority grows weak in its assertion of its supremacy, the plea of
necessity fails, and the ecclesiastical law must be enforced. Those who
know Ireland are well aware that this is exactly what would happen under
Home Rule. Here is the crowning proof of the truth that, above all the
well-intentioned persons who give assurances of the peace and goodwill
that would flourish under Home Rule, there is a power which would bring
all their good intentions to nothing.
Public-domain text, read in full here on John Shaqi.
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