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CHAP. X. statutes, without specific repealing clauses →→ and the very existence of this question frustrates the Statute of the greater part of the relief, promised by the framers of that statute.

Doubts, upon

1793.

Catholic Guardians to Catholic children-rejected.

Protestant

Guardians préferred.

An instance.

Lyons, a minor,

Hence, doubts have been raised?

Whether a Catholic may be guardian of tlie child of a Protestant ?

Whether a Catholic clergyman may be guardian in any case?.

And similar difficulties multiply annually.

3. Again, where a Catholic bas omitted to nominate a Testamentary guardian of his child, the Chancellor is authorized, at this day, to reject from the guardianship the nearest relative of the child (if a Catholic) and prefer a Protestant stranger under the plea of public policy and predilection for the established religion.

This has been strongly exemplified; but especially in a case, before Lord Redesdale, Chancellor on the 18th July, 1804.

In the matter of It there appeared, that a male infant, named ceram Redesdale Lyons, had in 1794 lost his parents-both Chanc. 18 July, 1804 Catholics. Lord Clare in 1795 made an order, nominating the maternal grandfather, the revered Denis O'Connor Esq. of Belinagar, to be the guardian: who, as Lord Clare well

knew, professed the Catholic religion. Mr. CHAP. X. O'Connor, having duly qualified, acted as guar- In the matter of dian for several years, educating the child in Lyons, a minor, 18 July 1804. the religion of his parents. In February 1804, Chancery. the maternal grand-uncle, who had a claim upon the estate of this child, petitioned Lord Redesdale for the removal of Mr. O'Connorand, upon an ex parte suggestion, (of which Mr. O'Connor was unapprized) he obtained a summary order for that purpose. Mr. O'Connor having been thus displaced-the child (then aged about 10 years) was immediately removed from the Catholic school to a Protestant school in England.

Guardians re

An application was now made to the Chancel- Catholic lor by motion in court, for reinstating Mr. Mr.jected. O'Connor in the guardianship, and setting aside the order of February 1804, as obtained by surprise, and upon erroneous suggestions.

The grounds, upon which this application was resisted, and successfully, were exclusively those of public policy and favour towards the established religion. It was insisted, by Mr. Saurin (Attorney General) and other law Argument. officers, "That the Chancellor was bound, by "the situation which he held, to favour the "diffusion of the religion of the State-that "he had no discretion in this respect-that,

PART II.

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CHAP. X. acting as he was, under a Protestant establishment, and conformably to the policy that

Argument

lic Guardians.

against Catho-has long prevailed in Ireland, without being "fettered or controuled by any Statute to the

In the matter of

Lyons, a
minor-18 July
1804-Chan
cery.

Lord Redesdale's decision.

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contrary, he could have but one idea upon "the subject. A Protestant the child should "be, for his spiritual good, for the Protestant religion is the only right one-and a Pro"testant he should be, for his temporal inte"rests also, by reason of those Penal Laws and restrictions which still continue in force against Catholics. Every man who is friendly "to the Protestant establishment, must lean "towards the Protestant faith, and endeavour "to strengthen and augment the number of "its adherents-and that, for these reasons, "Mr. O'Connor ought not to be reinstated in "the guardianship of the child.'

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Lord Redesdale, concurring in these and similar principles, refused to reinstate Mr. O'Connor, or to restore the child to the Catholic school and ordered that one of the Masters should continue guardian of the child, as if he were a Protestant.

Thus it appears that, though a Catholic (taking the necessary oaths) is by law capable of acting as guardian, yet his appointment to that office does not necessarily follow. A

Protestant will probably be preferred, if the CHAP. X. preference should appear serviceable to the Protestant establishment.

4. This principle of favouring the diffusion of the religion of the state, thus urged and recognized, is the naked principle of proselytism and easily passes into that of favouring the professors of such religion.— It enters into almost every affair in which the executive or judicial departments of Ireland can exercise influence-and it is, obviously, capable of being stretched to alarming lengths, to the oppression of innocence, the encouragement of immorality, and the barefaced perversion of justice.

Principle of
Proselytism.

tholic parents.

We shall only add, that, in these circum- Situation of Castances, no Catholic parent can now rely with confidence that his infant children may not (after his death) be seized by an order of the great seal of Ireland, committed to a Protestant guardian, placed in some Protestant school, and brought up in the Protestant religion-unless he shall have taken the precaution of nominating, by his deed or will duly attested, one or more testamentary guardians, with all the for malities prescribed by the statute of 1790.

CHAP. X.

SECTION VI.

Marriages of
Catholics, by

Catholic Priests,

Laws-respecting the Marriages of Catholics.

1. THE Marriages of Catholics by Catholic Priests have never been prohibited, or valid. restrained, in Ireland. They have been always recognized, in courts of justice, as perfectly valid and in those cases, where the actual fact of the marriage of two Catholics is necessary to be established, proof of its solemnization by a Catholic Priest is held to be sufficient,

Punishment of a

nizing marriage between a

This subject, however, recalls our attention Priest-solem to the severe punishment (already noticed, Chap. 1. Sect. 1.) which is inflicted upon a Catholic priest unwarily solemnizing marriage between two Protestants, or between a Catholic and a Protestant.

Catholic and a
Protestant.

9 Will. 3. c. 3.

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Every marriage, celebrated by a Catholic

2 Anne, ch. 6. priest between two Protestants, or between a

"Catholic and any person who has been, or has

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professed him or herself to be, a Protestant "at any time within 12 months before such "marriage, is made null and void without any

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