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
_Tu quoque_ is not a logical reply; but at the tail of an argument it does
not come amiss. Well, then, in England the law recognises no other
marriages than those contracted before the parson or the registrar. Let a
Protestant and a Catholic therefore get married before a priest, without
the presence or knowledge of the parson or the registrar, it is a valid
marriage in the eyes of the Catholic Church and binds the conscience of
the Catholic party; but it is no marriage in the eyes of the law. So far
the case is the exact converse of the _Ne temere_ Decree. But it goes
farther; for it holds not only in the case of a Protestant and Catholic
but also in the case of two Catholics. The law of the land will not
recognise a marriage contracted by two Catholics in their own church and
before their own priest, unless the registrar or the parson be present. On
the contrary, the _Ne temere_ Decree does not in any sense touch the case
of two Protestants. Now, Catholics think, and justly so, that a priest is
quite as qualified a witness for the marriage of Catholics as the parson
is for the marriage of Protestants, or as the registrar is for the
marriage of either. The Catholics have in this a real grievance; and they
feel it; yet their consciences have not been so wounded nor their hearts
so broken as to think of exhibiting them bleeding before their country
upon election hustings. Political consciences show strange phenomena.
What is decreed by the _Motu proprio_ has been in force since the
Constitution _Apostolicae Sedis_ was published in 1869. Yet during those
forty-two years nobody seems to have been hurt by it; and nobody seems to
have been concerned except Catholics till lately. The _Motu proprio_
obliges Catholics, under threat of excommunication not to bring
ecclesiastics before lay tribunals without the permission of their bishop.
It binds ecclesiastics equally with lay Catholics. It does not, and
cannot, touch non-Catholics in any sense; a very plain proof of which is
that it threatens with excommunication those to whom it applies. That
censure of excommunication should convince anyone that the _Motu proprio_
cannot possibly apply to non-Catholics. They are not within the Church;
and how could those be put outside it who have not been within it? It
applies to Catholics only, whether lay or cleric. But not to all
Catholics. The Holy Office issued a Decree in 1870 in which it declared
that “the excommunication does not affect subordinates, even though they
be judges.” A Catholic functionary acting in his official capacity does
not come under the Decree. It will at once then be seen how unfair are the
following words spoken by Mr. Campbell, who represents the Dublin
University in Parliament. Speaking at a meeting in Dublin on January 4th,
1912, he said of two Irish Catholic Judges: “They might be called upon any
day in the exercise of their duty to their Sovereign to put the law in
force against a Catholic priest.
Public-domain text, read in full here on John Shaqi.
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