eworthy that no Nationalist
member has protested against the cruelties of that decree as shown in
the M'Cann case, and Mr. Devlin, M.P., even defended what was done from
his place in Parliament. This action is all the more significant in view
of the fact that during the Committee stage of the 1893 Home Rule Bill
Mr. Gladstone, Mr. Redmond, and his Irish Nationalist colleagues voted
against, and defeated, an Ulster amendment which proposed to exempt
marriage and other religious ceremonies from the legislative powers of
the Dublin Parliament. It would be intolerable that such litigation as
in the Hubert case at present in progress in Montreal, arising out of
the Marriage Law of the Province of Quebec, should be made possible in
Ireland. No paper safeguards in a Home Rule Bill could prevent it.
Again, a most serious peril has just been disclosed in the publication
of the _Motu Proprio_ Papal Decree, under which the bringing by a Roman
Catholic layman of a clergyman of his Church into any civil or criminal
procedure in a court of law, whether as defendant or witness, without
the sanction previously ob tamed of his bishop, involves to that layman
the extreme penalty of excommunication. The same penalty appears to be
incurred _ipso facto_ by any Roman Catholic Member of Parliament who
takes part in passing, and by every executive officer of the Government
who takes part in promulgating, a law or decree which is held to invade
the liberty or rights of the Church of Rome. This is a matter of supreme
importance in our civil life. It was one of the questions which, in
Reformation times, led to the breach between Henry VIII. and the Pope.
In a Dublin Parliament no power could resist the provisions of this
decree from becoming law. As a matter of fact, the liberty of speech and
voting attaching to every member of the Roman Catholic majority in a
Dublin Parliament would be under the absolute control of their
hierarchy. Each Roman Catholic member would be bound to act under the
dread of excommunication if he voted for or condoned any legislation
contrary to the asserted rights of his Church, or which conflicted with
its claims. Not only would the legislative independence of a Dublin
Parliament be thus destroyed, but the administration of justice would be
affected on every Bench in the country, from the Supreme Court of Appeal
down to ordinary petty sessions. A grievous wrong would be inflicted on
Roman Catholic judges and law officer
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