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
What this awful _Motu proprio_ orders, then, is just what fraternal
charity, a sense of the fitness of things, even common sense, would
suggest. So befitting does the procedure ordered by the _Motu proprio_
appear to a writer in the January number of _The Review of Reviews_ that
he says, “it might very well be extended to all Christian men, whether lay
or clerical”; and he suggests that the civil authorities in England would
do wisely to take a leaf out of the book of Pius X.
As a matter of fact, something parallel to it exists in every society.
There is not an association of any kind in England, Ireland, or elsewhere,
which has not some rules which bind its members under pain of expulsion.
In Chapter VII. of his “Middle Ages,” Hallam writes:
“The spiritual Courts in England, whose jurisdiction is so
multifarious, and in general so little of a religious nature, had,
till lately, no means of compelling an appearance much less of
enforcing a sentence, but by excommunication.”
He writes in a note:
“By a recent Statute, the 33 Geo. III., c. 127, the writ, _de
excommunicato capiendo_, as a process in contempt was abolished in
England, but retained in Ireland.”
Both in England and in Ireland there are, of course, rules for expulsion,
or excommunication, in every union, society, and club in the country. But
a rule more like the _Motu proprio_ than any that I know of, is in the
constitutions of the Dublin University which Mr. Campbell represents in
Parliament. According to Letters Patent 13 Charles I.:
“All domestic differences shall be examined, and if possible
decided within the College.... He who brings another into Court,
without the consent of the Provost and the majority of the Senior
Fellows, shall be expelled from the College.”
Public-domain text, read in full here on John Shaqi.
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