CHAP. 1. in the precious office of rendering his last moments Catholic Cler. acceptable in the eyes of his Creator.

gy.

Felony of death, if a Catholic Clergyman celebrates marriage between two Protestants, or a Protestant and Catholic, unless, &c.

Statute of 6

Anne, c. 16.
Sect. 6.

These are amongst the many services of the Catholic clergy, and their claims upon the respect and gratitude of their flocks.

Yet such are the men, against whom the jealousy of the Legislature is in full vigour, and who are only noticed by the Laws, for the purposes of reprehension and of Penalty.

We shall now proceed to state these Laws, so far as they are found, directly or indirectly, to operate with peculiar severity against the Catholic Clergy of Ireland.

I." If a Catholic Clergyman happens, though inadvertently, to celebrate Marriage be"tween two Protestants, or between a Pro"testant and a Catholic (unless already mar"ried by a Protestant Minister) he is liable by "law to suffer Death."

1. The first Statute upon this subject was enacted in the year 1708. It directs, that " If any Po

66

any

pish Priest shall celebrate Matrimony between two persons, knowing that they are, or either "of them is, of the Protestant Religion, he shall "suffer the punishment of a Popish regular." (that is, to be transported, and to remain in Gaol until transported---and punished as if for High Treason, if he returns to Ireland, 9. Will. 3.c. 1.)

The next Statute, enacted in 1710, adopts a CHAP. I. singular rule of evidence, not very conformable to Marriages of the dictates of ordinary justice.

66

Protestants and Catholics,

&c.

It directs, that "Upon every Prosecution of a Popish Priest for the above-mentioned offence, "it shall be presumed, allowed, and concluded, to "all Intents and purposes, that the Priest so ac- 8 Anne c. 3, “cused did celebrate such Marriage, knowing "that one or both of the parties was, or were, of "the Protestant Religion.

"Unless he shall produce a Certificate under "the hand and seal of the Minister of the Parish "where the parties resided, certifying that such 66 person was not a Protestant at the time of the marriage."

Sect. 26.

c. 10, Sect. 3

But, a third Statute, enacted in 1749, renders this offence punishable as a felony without benefit 25. Geo. 2, of clergy; and, consequently, the Catholic priest, upon conviction, is to suffer death.

And this too, although such marriages had been 19Geo. 2. c.13. already pronounced to be null and void---by a statute enacted in 1745.

2. Such is the punishment, and such the facility of convicting a Catholic priest in Ireland, at this day, for an offence which the most cautious may commit (if an offence) through inadvertency ormisinformation.

Protestants

Querewhether this

CHAP. I. tinues at this day to be punishable with Death, Marriages of under the Popery laws. In this case the Reverend and Catholics. Mr, G--------, one of the Clergymen officiating in Denmark-street Chapel, had been called upon by the family of a respectable Catholic tradesman, resident in his vicinity, to celebrate marriage between a young man, a member of the family, and a Miss B-------, who had resided for some time King's Bench in the House of the tradesman. The Clergyman, seeing no reason to doubt that both parties were Catholics, performed the ceremony in the usual manner. It turned out, that she was the Daughter of a Protestant, then confined in Prison for Debt, who immediately instituted this Prosecution against all the parties to the transaction.

Doctrine of

the Court of

is tenable?

Sect. 12. 13.

Such is the risk which a Catholic Clergyman incurs, in the performance of a sacred Duty. If a Person from a distant Parish, whose Protestantism may be of recent date and not known beyond the limits of his own county, happens to marry a Catholic female, the Catholic Priest is presumed to know that he is a Protestant, and is punished accordingly.

It is observable, too, that any Dissenting Mi32Geo.S.c. 21. nister may legally celebrate Matrimony between any Catholic and any Protestant (not of the Established Church) without penalty.

for not disclo

II." Catholic Priests are liable to Imprison- CHAP. I.
"ment for refusing, upon being interrogated Imprisonment
"in Courts of Justice, to divulge the Se-sing the Se-
"crets of private Confession, confided to session.
"them by their Penitents."

1. In Courts of Justice, no distinction

crets of Con

This is not by

is permitted between the examinations of Catholic how must hor any Statuler Priests and those of other persons. The same un 18 beser extent of testimony is exacted from them; without any exception in favour of such evidence, as may have come to their knowledge thro' the medium of private Confession. A Catholic Priest, declining to yield such evidence, when required, is treated as contumacious, and as if actuated by no other motive than a contempt of the Judicial authorities; whilst in reality he is governed by a virtuous principle---that of preserving a sacred trust, and guarding inviolate the secrecy of a confession, made to him upon the very faith of that secrecy.

The late Lord Kilwarden, Chief Justice, com- Lord Kilwarden's imprison mitted to gaol a Catholic Priest, the Reverend Mr. ment of a Ca tholic priest, Gahan, for a contumacy of this nature. This oc- 1802. curred at the Summer Assizes of 1802, for thei

hathon was t.

CHAP. I. county of Meath, held at Trim, in the case of Mrs. O'Brien, v. the Trustees of Maynooth College.*

Secrets of Confession.

Reasoning against any compulsion.

Inefficacy of punishment.

2. Now, it should be considered, that the attempt to enforce this obedience would, if successful, defeat its object'; because the secrets, sought to be extracted, will never be entrusted to the Priest, if there ceases to be a moral certainty that they will be religiously preserved. The public confidence in the secrecy of private Confessions being once extinguished, there will be an end of unreserved disclosures to the Priest---and no information can be had from him, who will have none to give.--Thus, in fact, this rigorous proceeding is utterly unavailing to any public purpose, and unprofitable to the general administration of justice. It merely involves the Bench in an ungracious and ineffectual struggle---in which the public voice will ever sustain the Priest suffering in the cause of Duty, Honour, and Truth---and condemn the ill-timed and indiscreet exercise of summary Jurisdiction.

Certainly it may be affirmed with perfect confidence, that no Catholic Priest in Ireland, will be found to yield obedience in this respect, or betray the sacred trust reposed in him. His conscientious

* The same point was decided in 1801, by the Lords Commissioners of the Great Seal, in a Cause between the same parties, upon a solemn argument of a Demurrer, taken by the Rev. W. Gahan, to an interrogatory, seeking to extract information, acquired through private Confession.