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 may here refer to the fears expressed as to the effects of the decree,
_Motu Proprio, Quantavis Diligentia_ of October 9th, 1911; a decree which,
it is said, might conceivably place every sincere Roman Catholic in
antagonism with his duties to the State. The principle of that decree
seems to me highly objectionable; it is an impossible attempt to revive
the past; a form of the greatest of all heresies, disbelief in spiritual
forces unsupported by privilege. But here, too, it is well to understand
the case made by defenders of that decree, and before deploring its
effects in Ireland to be certain that, in the view of the Catholic Church,
it is in force there. When the Church was all powerful, there existed a
_privilegium fori_ according to which no layman could bring a cleric
before a lay tribunal; a privilege based upon the words of St. Paul to the
Corinthians who resorted to the Pagan Courts. By various Concordats the
Papacy had agreed to abrogate this right wholly or partly. In some
countries the privilege had become extinct. In October 1869, was issued
the bull of Pius IX., _Apostolicæ Sedis Moderationi convenit_ which
appeared to revive the _privilegium fori_. This, however, is denied by
Roman Catholic theologians; according to them where no such Concordat
exists, a custom has grown up that breaches of ecclesiastical immunity are
to be overlooked; in any case it operates only as to canonical
offences.(98) Whether that interpretation is correct or not, I need not
enquire. But obviously such a rule has no legal efficacy; and it would be
a strong measure to deny the Church the right to give to its adherents
such monitions—for its commands are no more—as it thinks fit.
V. FUTURE SAFEGUARDS
In the Home Rule Bills of 1886 and 1893 were elaborate provisions designed
to secure equality of treatment. Thus the Irish Legislature was prohibited
from making any law.
Respecting the establishment or endowment of religion, or
prohibiting the free exercise thereof; imposing any disability or
conferring any privilege on account of religious belief;
abrogating or derogating from the right to establish any place of
denominational education or any denominational institution or
charity; prejudicially affecting the right of any child to attend
a school receiving public money without attending the religious
instruction at that school; or impairing without either the leave
of Her Majesty in Council first obtained on an address presented
by the legislative body of Ireland, or the consent of the
Corporation interested, the rights, property or privileges of any
existing corporation, incorporated by Royal Charter or local or
general Act of Parliament.
(Summary of Clause 4 in Bills of 1886 and 1893.)
Public-domain text, read in full here on John Shaqi.
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