The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
“I wish to point out that, according to the opinion of all the
judges who were called in to advise the House of Lords in the case
of _Miller_ v. _Knox_,(117) refusal, unjustified by the occasion,
as, in my opinion, the refusal in the present case was, to protect
the sheriff in the execution of his duty, when protection is
sought by him, in the honest exercise of his discretion, to enable
him to discharge his duty in the execution of civil process, is
punishable, by indictment, by criminal information, and, as was
established in _Miller_ v. _Knox_ by the summary process of this
court. The official, be he Under Secretary or Chief Secretary (I
do not, of course, refer to his Excellency the Lord-Lieutenant),
who directed Mr. Waters not to comply with the sheriff’s demand
for protection, has rendered himself amenable to the criminal law,
is liable to be tried by indictment, to have a criminal
information exhibited in this court against him, or to be attached
by the summary process of this court.”
There can be no doubt, therefore, that the Irish Executive will be bound
to give assistance and protection to sheriffs or other lawful officers
executing any legal process of a competent Court, and if such assistance
is not given the Courts will be able to assert their supremacy in the
various ways pointed out by the Lord Chief Justice.
A great deal of capital has recently been made in the Unionist Press on
account of the promulgation of the _Motu Proprio_ “_Quantavis
Diligentia_.” It has been asserted that this decree applies to Ireland and
will necessarily embarrass catholic officials in the discharge of their
public duty. The Roman Catholic Archbishop of Dublin has, however, fully
explained the meaning of the decree, and has shown that it does not apply
to any country where there has prevailed against it, as there has long
prevailed against it in Ireland, a custom invested with the conditions
required by the Canon Law.(118) He further says (p. 36):
“The excommunication of the clause _Cogentes_, is not decreed
against all who oblige lay judges to compel the attendance of
ecclesiastics in their courts. It is decreed against those who do
this in violation of the Canon Law. There must first, then, be a
canonical offence. It is to that offence that the clause
_Cogentes_ attaches the penalty of excommunication. But, there
being no canonical offence in the discharge of their duty by our
Catholic Judges, and Catholic Law Officers of the Crown, our
Catholic Police Magistrates and Catholic Policemen, and our laity
in general—who were so ludicrously paraded before the public a few
weeks ago as the unhappy victims of the _Motu Proprio_—there is in
their case no offence to which an ecclesiastical penalty can be
attached, and so, no ecclesiastical penalty is incurred.”
Public-domain text, read in full here on John Shaqi.
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