66 Sect. 26. process, judgment, or sentence of Law what- CHAP. X. soever—and, nevertheless, the Priest, who 8 Anne,ch. 3. "celebrates such Marriage, shall on conviction "be deemed guilty of felony, without benefit 12 Geo. 1. c. 3. of Clergy, and shall suffer death accordingly-for, says the Law, the celebration, not "the Marriage, constitutes his offence. 9 Geo. 2. c. II 19 Geo. 2. c. 13. 23 Geo. 2. c. 10. "In order to obtain evidence of the fact, any 12 Geo. 3. "two Justices of the Peace are empowered to Catholics and 56 summon any persons whom they suspect to " have been present at any Marriage, which Marriages of "they suspect to have been made contrary to Protestants. "" this Law, as well as the parties suspected "to be married:-and such suspected parties "and suspected witnesses declining to appear, Catholic Priestsor refusing to declare upon Oath their knowledge of the facts, or refusing after declaration "of the facts to enter into recognizance to "prosecute shall be imprisoned for three "years." 66 punished. Sect. 9, 10, 1 ly "And although the Statute of 1792 has 32 Geo. 3. c. 21. legalized Marriages between Protestants and 12, &c. "Catholics, if celebrated by Clergymen of the "Established Church-yet, when it is con"sidered, that marriage is a sacrament in "the Catholic Church, and ought to be cele"brated with the rites and ceremonies of re"ligion, it will readily appear, that this mode CHAP. X. Innovations projected. Marriages of cc of legalizing such Marriages cannot be viewed by the Catholics as an indulgent, gracious, "or effectual measure." With the exception of these ungracious and severe Enactments, we are not aware of any material objection to the present matrimonial Code of Ireland. 2. Some insinuations and vague assertions have fallen from persons high in Office, imputing confusion and uncertainty to the Laws of Ireland in this respect and suggesting the necessity of amendment. If these hints be introductory to any Legislative innovation, if they be designed to recommend the English marriage Act to Ireland, to compel the Irish Catholics to submit to the celebration of their marriages at Protestant Churches-(as the English Catholics are obliged, or conceive themselves obliged, to do) we must earnestly and solemnly deprecate any such attempt. It would justly excite general alarm and commotion in Ireland-and must be attended by the most pernicious consequences. In truth, any measure of that nature is wholly unnecessary. The Marriage Code of Ireland is perfectly clear and intelligible.-Its simplicity is such, that every man can easily know what is CHAP. X. "marriage, and what is not." Marriage Code clear and in. It unites the two chief qualities, of utility in Ireland and security facility of solemnization: facility telligible. of subsequent proof.-In no other country of equal population, perhaps, have fewer questions arisen than in Ireland, touching the validity of marriages, or the legitimacy of Issue: and, in this respect, it must be admitted to enjoy a decided advantage over England. Let us hope, therefore, that this subject, at least, may remain safe from the rage for proselytism, or the avidity of ecclesiastical fees-and that no person, looking sincerely to useful and beneficial objects, will lay the hand of innovation upon the long established matrimonial Code of Ireland. SECTION VII, Laws-affecting Catholics in the Medical lics. 1. Ir may afford matter of surprise, Medical Catho that the Statute books of Ireland, disfigured as they are by disqualifications of the Catholics in all other professions and departments of life Х. CHAP. X. in the law, army, navy, commerce, revenue, &c.— do not present a single clause, expressly interdicting the practice of the medical profession to Catholics. No express interdiction. Eng. stat. 3 Jac. I. c. 5. English Act Ireland. In England, so long since as the year 1606, Catholics were prohibited, by statute, from practising physic, or exercising the trade "of apothecaries." In Ireland, the Catholics are aggrieved, in Not passed in this particular, rather by the jealous and exclusive spirit of the general Anti-Catholic Code, than by any positive statute of express disability. 2. A society of physicians, in Dublin, 8 Will. & Mary was incorporated in 1691, by Royal Charter, College of Physicians in College of Physicians. Dublin. under the name of "The King's and Queen's College of Physicians." This charter purported to arm the society with powers of an extraordinary and extensive nature-which (if confirmed by Act of Parliament) would vest in them a monopoly of the practice of physic, as well as of medical honours. One of its proTheir Charter-visions directed, That no physician, or other person, should be permitted to practise physic "in the city of Dublin or its Liberties-without "the licence of this society." The charter, however, has not acquired any legal validity in not confirmed by Law. this particular; for, its confirmation has never CHAP. X. been obtained from the Legislature, although frequently solicited. The Legislature has, however, recognized the existence of this society, without adopting its Charter. College of Thus, in 1761, an Act was passed, authorising 1 Geo. 3. c. 14, the King's and Queen's College of Physicians in Ireland, to enlarge their number by admitting four learned and worthy Doctors of Physic into Its powers. the fellowship of their body-to appoint inspectors of apothecaries shops-to frame a pharmacopoeia or code of drugs, &c. ch. 8. S. 3. In 1767, it was enacted, that no person should 7 Geo. 3. be appointed physician to any county infirmary, unless examined and certified by this College of physicians. In 1785 and 1791, this College was empow- 25 Geo. 3. c. 42. ered to elect the members of a school of physic, to be established in Dublin-to consist of 3 professors, (and, upon a certain contingency, of 4 professors) called professors upon the foundation of Sir Patrick Dunn-and to appoint clinical lectures, to be given in Dublin, This College has also been, incidentally, noticed by the legislature upon other occasions of Hh PART. II. 31 Geo. 3 c. 35. |