The situation has been strongly complicated by the promulgation of the
_Motu Proprio_ decree, and the refusal of the authorities of the Roman
Catholic Church to say definitely whether it applies to Ireland or not.
We may assume that, if Archbishop Walsh could have given a categorical
denial to the statement that the decree must operate in Ireland under
Home Rule, he would have done so. The decree _Motu Proprio_ forbids any
Roman Catholic to bring his priest or bishop into court under pain of
excommunication. The Roman Catholic Church has made many similar efforts
during history to oust the jurisdiction of the ordinary courts, and each
attempt has had to be sharply and sternly resisted by the civil
authorities of Roman Catholic countries. We need not discuss how much
there may be said from a theological standpoint for the decree; we are
only concerned to show that it raises pretensions which no State can
possibly permit to be recognised. There have been too many attempts,
successful and unsuccessful, to oust the jurisdiction of the King's
Courts in Ireland, for this new attempt to be viewed with equanimity.
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