The Sun.
London, England, 1844-12-23 00:00:00

elves and their successors, but in the new Board in
trust for the use of the sane class of persons, under
The denomination of ' Roman Catholic Ministers of a
district duly appointed thereto, and continuing to be
the Roman Catholic Minister of such district, accord-
ing to the laws, discipline, and constitution of the
Roman Catholic Church.' Hitherto there was no
question of any other class but the secular clergy, for
whose benefit only this concession was intended.
But when, in the progress of the Bill, a general
power was granted of vesting property in the new
Board, for the purpose of building, enlarging, uphold-
ing, or furnishing any chapel or place of religious
worship, of persons professing the Roman Catholic reli-
gion, it was discovered that this provision would stretch
the benefit of the Act beyond its original object,
and extend it to the religious orders, for whom it had
not been solicited ; and recourse was, therefore, had
to the unfortunate expedient of excluding them by
name from a participation in it; and that, too, by a
form of expression which, at first sight, was calcu-
lated to alarm. But that no new restriction was

sought thereby to be imposed upon them is quite clear
from the following explanatory clause, contained in
the 22,1 section, whereby it is enacted, that nothing
herein contained shall be taken to avoid or render un-
lawful any donation, devise, or bequest, which but
for this Act would be rendered lawful ; except as to
the time within which the deed, will, or instrument
containing such donation, devise, or bequest, for pious
or charitable uses, hereinbefore required to be exe-
cuted and registered. The above limitation with re-
spect to time, to which I will hereafter refer, affects
every Catholic and Protestant in the land, as directly
as it does the members of religious orders. In every
other respect they remain precisely as they were be-
fore. They receive no new concession through the
Act ; nor are they subjected by it to any new dis-
ability.
" But is it not true that the Commissioners of the
new Board, even bishops, if they should accept the
office, would be bound in virtue of that office to carry
into effect, not only the spirit, but the letter of a
penal law, against the religious orders ? No. Their
office does not even invest them with any such odious
power. _

" God forbid that any bishop, or any one deserving
the name of Catholic, would accept the degrading
office of carrying into effect a penal law against those
venerated labourers in the sacred ministry, who dis-
charge with edification all the duties of virtuous citi-
zens, and whose only crime in the eye of the law is,
that they bind thmselves by vow to aspire to the
practice of the most exalted virtue, by the faithful
observance of the evangelical counsels, in addition to
that of the ordinary precepts of the divine law. Fif-
teen years ago, when those penal clauses, of which
there is now question, were introduced into an Act,
which enslaved them, whilst it set others free, the
secular clergy of Dublin, myself included, were not
slow in petitioning Parliament, with a view to avert
that threatened injustice. We did not succeed. But
as long as those clauses shall continue to disgrace the
statute book, far from attempting to enforce them,
we shall be anxious, on every suitable occasion, to
petition for their repeal. And since the attention of
our rulers has beefs now called to the degrading posi-
tion in which an unjust law has placed those merito-
rious men, it may not, perhaps, be too much to hope,
that the Legislaturel may be induced to restore them,
by an act of wisdom, as well as justice, to the enjoy-
ment of those civil rights which they have done nothing
to forfeit.

" Having had occasion to mention the limitation of
time within which bequests of land, for charitable
pnrposes, would be valid, I cannot avoid expressing
my deep concern that such a general limitation has
been established. Had it been confined, as it was in
the original form of the Bill, to bequests for the
service of our Church, I would never utter a word of
objection against it, because I do not desire that our
Church should be enriched by the possession of ex-
tensive lands. But when I find it extended also to
bequests for the poor, I cannot but consider it as an
undue interference with the dominion of God over his
own gifts, an attempt to limit the operation of his
command to' give alms' (Luke, xi. 41.), and an un-
holy instrument for disturbing the peace of a penitent
soul, when about to render an account of its abused
stewardship before the throne of justice. It is true
we have been taught how to obviate the injurious
effects of this mischievous clause, by charging lands,
to any amount they may be worth, with bequests for
charitable purposes in money. But this does not
remove my objection to it. lor besides the embar-
rassment and the danger of litigation which might
arise from this circuitous mode of conveyance, I hold
it to be unwise to leave on the statute-book a law
which has the appearance of contravening the law of
God, and which, therefore, a virtuous Christian might
consider it a conscientious duty to endeavour to evade.
" But notwithstanding the partial blemishes which
tend to render this Act unpopular, who can look into
it with an unprejudiced eye and not perceive, that it
confers on us advantages of the very highest value ?
It places our charities precisely in the state in which
we ourselves wished to have them placed four years
ago, and it gives us the power of vesting property
without trouble or expense in perpetual security for
procuring glebes for our clergy, and for building, en-
larging, and upholding, or furnishing, our places of
religious worship. The same privilege, it is true,
has not been extended to the religious orders. This
is to be lamented ; but it had not been solicited for
them. They remain, however, as they were before.
A limited Mortmain Act, which cramps, in some
measure, the bestowing of landed property for chari-
table purposes, has, it is true, been established; but
it affects Protestants, as well as us, and is much
more limited than that which affects the Protestants
of England. Means too have been pointed out, by
which its effects may be counteracted. In cases of
doubt, as to who is the authorised priest, for whom
a donation or legacy may be intended, the usages
and discipline of our Church are, for the present,
placed under the guardianship of your own bishops,
who will be able, with the blessing of God, to have a
rule established, whereby, in all such cases, the certi-
ficate of the diocesan bishop shall be taken as conclu-
sive evidence.

" Thus have you obtained, by this abused Act, im-
portant benefits, compared with which its defects are
of but little moment. And yet, surprising as it must
appear, denunciations of the most awful nature have
been poured out unsparingly against those who, with-
out any hope of earthly remuneration, but the con-
sciousness of doing good, undertake the meritorious
task of carrying into effect the beneficent objects
which it contemplates. Let us hope, that more atten-
tive reflection on the nature of their office will gra-
dually dissipate the prejudices which exist most unde-
servedly against it. But should this not be the case;
should those who, at the expense of time and labour,
undertake this work of mercy, be made the objects of
ungenerous vituperation, and motives which they
abhor be imputed to them, conscious that, in this re-
spect they have nothing in view but the interests of
that holy religion for the safety of which they would
be ready to sacrifice their lives, they will calmly look
up to the Great Searcher of Hearts who knows the
purity of their intentions, and confiding in his merci-
ful guidance they will pursue their onward course,
cheered by the reflection, that He who went about
doing good;' lie whose whole life was one continue_
series of the most exalted benevolence; the :ever
blessed Jesus himfelf, did not escape the breath of
calumni. The servant is not greater than his
master. (John xv. 20.)
" You v ill readily believe, beloved brethren, how
afflicting it must be to me to observe, that the various
views which have been taken of this subject, have
caused dissensions to spring up in this hitherto
united flock ; and that differences of opinion, which
are perfectly lawful on all free questions, have, on
this occasion, been sometimes expressed in language
which charity would not sanction. I know that in
your differences you have had but one object in view,
the interests of our holy religion; and that you
differ only as to the means best suited for promoting
them. When the plain facts, which I have placed
before you, shall be calmly viewed in the presence of
God, I venture to hope that the dangers which some
have dreaded from the recent Act, will be found to be
visionary ; and that the temporary differences of opi-
nion which it has produced, will gradually die away,
without leaving any mutual jealousies or embittered
feelings after them, so that loving one another with
the charity of brotherhood,' (Rev. xii. 10) you may
with one mind and with one mouth glorify God and
the Father of our Lord Jesus Christ.' (Horn. xv. 6.)
You are united in faith ; you love your religion.
But remember that charity is that queen of virtues
which religion cherishes above every other, and with-
out which faith itself would be of no avail. For if
I speak with the tongues of men and angels,' said St.
Paul, and have not charity, lam become as sound-
ing brass, or a tinkling cymbal. . . . and if I
should have all faith, so that I could remove moun-
tains, and have not charity, lam nothing. And if I
should distribute all my goods to feed the poor, and
if I should deliver my body to be burned, and have
not charity, it profiteth me nothing.' (1 Cor. xiii.
1, &c.)
" I conclude with the words of the same apostle—
' For the rest brethren—be perfect, take exhortation,
be of one mind, have peace, and the God of peace and
of love shall be with you. . . The grace of our
Lord Jesus Christ, and the charity of God, and the
communication of the Holy Ghost be with you all.
Amen.' (2 Cor. xiii., 11%6w.)
" Mountjoy-square." " D. MURRAY.
POSTSCRIPT.—Copy of O. resolution adopted at
general meeting of the Roman Catholic Archbishops and
Bishops of Ireland, held in Marlberough-street, on
Saturday, the 16th of November, 1844.
" Moved by the Most Rev. Dr. Crony, seconded by
the Right Rev. Dr. Egan Resolved—That as the
Prelates have taken different views of the New Charita-
ble Bequests Act, it is the opinion of this meeting that
I every Prelate be left at perfect liberty to act according
to the dictates of his own conscience, respecting that
measure.

"k M. SLATTERY, Chairman.
Ilk LAUR. O'DONNELL, Secretary."'