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
If they did so, _ipso facto_ they
incurred excommunication.” He thus explained the meaning of the _Motu
proprio_ for his audience, in face of the following words which he also
read for his audience. The excommunication is against “those who compel,
whether directly or indirectly, lay judges to summon ecclesiastical
persons before lay tribunals.” Thus the excommunication is against _those
who compel_ the judges; so that Mr. Campbell’s interpretation implies that
_the judges_ are one and the same with _those who compel them_. Catholics,
then, and Catholics only (clerics as well as lay) are forbidden to bring
ecclesiastics before lay tribunals, without the permission of their
bishop; which permission, the Holy Office decrees, “the bishop shall never
refuse, in case he fails to reconcile the parties.” If a Catholic (lay or
ecclesiastic) thinks that an ecclesiastic, for instance, owes him a debt,
and the ecclesiastic denies it and refuses to pay, the Catholic (priest or
layman) who makes the claim is bound by the _Motu proprio_ to have
recourse to the bishop first, in order to have the matter arranged
amicably. If the bishop fails to settle it, he is not left free to give or
refuse his consent to have the case brought before the Civil Court. The
Holy Office decrees that “he shall never refuse.” Even in those times and
countries when and where Ecclesiastical Courts existed to try the civil
cases of clerics, the purpose of the _Privilegium Fori_ was not to grant
ecclesiastics any immunity from the civil law of their country, but to
provide that in their civil cases they should be tried by an
Ecclesiastical Court. The privilege was not as to the law of the land, but
as to the court that was to try them according to that law.
What the _Motu proprio_ orders is just what Catholic instinct moves every
Catholic worthy of the name to do. In Ireland and everywhere, Catholics,
and many Protestants also, if they think they have a cause of complaint
against a priest, for debt or otherwise, make known their case first to
his bishop. If the bishop fails to compose the question, then they bring
the case before the lay tribunals; permission to do which, as the Holy
Office lays down, the bishop “shall never refuse.”
I have explained the meaning and scope of this _Motu proprio_ as though it
applied to Ireland. But according to the evidence of Cardinal Cullen, the
highest authority on Canon Law who has lived in these countries for a
century, the Caput _Cogentes_ of the _Apostolicae Sedis_ does not hold in
Ireland; and that being so, the _Motu proprio_ does not apply to Ireland,
for it is a confirmation of the Caput _Cogentes_.
Public-domain text, read in full here on John Shaqi.
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