compelled to

CHAP. V. gently to frequent, such places as may be appointCatholics are ed for the purposes of divine service and sermon. frequent Pro- The places hitherto appointed (except in some of Worship. instances, confined to Ireland alone) have been places of Protestant worship.

testant places

Severity of this restraint.

A. D. 1811

The Protestant officers are not obliged, by any Law, to appoint places of Catholic worship for Catholic soldiers.

They are fully authorized to march them to Protestant places of worship, and as often as they please. This arrangement is peculiarly distressing to members of the Catholic communion. They are obliged, by their religious tenets, to frequent divine service punctually. "To assist, devoutly "and regularly, at the celebration of Mass, upon

66

every Sunday and holiday throughout the year," is one of the six principal commandments of the Catholic Church. This is not a matter of option or convenience, or lightly to be dispensed with. The wilful violation of this injunction is regarded as a heinous sin. Every Catholic is, so instructed from his early years. A conscientious Catholic will hesitate much, before he enters upon any profession or pursuit in life, which must necessarily induce the habitual violation of a Religious command-so essential in itself, and so reverenced by him from his youth. He therefore may, perhaps,

not select the military or naval profession, under CHAP. V. the present system of laws and government.

Punishment upon Catholics

navy.

Religion.

For it is manifest, that, whenever he absents in the army and himself wilfully from the appointed place of Protestant worship, or refuses to attend there, or frequents a place of Catholic worship contrary to orders (as in Great Britain, Spain, Portugal, &c.) Exercise of he is liable to severe punishment. He may not only be fined and laid in irons, for twelve hours, Ante, p. 127. as we have seen-but he incurs the ill-will of his commanding officer, and becomes the object of frequent ill-treatment, and harsh personal reproaches. This course frequently provokes the obnoxious Catholic to retort in disrespectful language, and thus involves him in some further act, perhaps punishable by the military code with death.

One of these Articles of War directs,

"That all crimes, not capital, and all disorders Art: of War,

" and neglects, which officers or soldiers may be

66

guilty of, to the prejudice of good order and

military discipline, though not specified in the "said rules and articles-are to be taken cogni"zance of by a general or regimental Court

46

martial, according to the nature and degree. "of the offence, and punished at their dis"cretion."

Sect. 24. 1811}

K

CHAP.V.

Effect of the

Articles of

War against

Catholic wor

ship.

51 Geo. 3.

eh. 8. Sect.. 1

Mutiny Act, 1811.

This Article confers upon Courts-martial an authority, unlimited and absolute, of declaring what disobedience shall be considered a disorder or neglect, or to the prejudice of good order or military discipline-and of punishing such offence at their discretion.

It is easy to perceive, that a firm perseverance in the practice of frequenting Catholic service, or a peremptory refusal to frequent Protestant churches, or to hear the sermons of the regimental chaplains at the drum-head-may be construed as an offence falling within the description of "disorders or neglects, or prejudicial to good "order and military discipline, and punished accordingly."

66

Moreover, the Mutiny Act itself, by the very first section, directs, "That every officer or soldier, who shall disobey any lawful command "of his superior officer, shall suffer death, or such "other punishment as by a Court-martial shall "be awarded."

This enactment places the entire question at the disposal of a Court-martial. There can be no doubt, that an order, directing the Catholic soldiery to frequent Protestant churches, would be deemed a lawful command, and that an infraction of it may be punished with death.

3. Under this system, the Catholic CHAP. V. Officers and soldiers may be compelled to attend Catholics personally at the celebration of the Protestant their worship. worship. They may be forbidden to attend at

coerced in

Catholic houses of worship, or to receive spiritual assistance from the clergy of their own religion. Such have been the regulations: such, frequently, is the practice. The fact is notorious. This coercion has excited universal dissatisfaction Painful to in the army, whether stationed in South America, the Army Spain, Portugal, Sicily, Great Britain or Ireland; Numberless instances of it have occurred, and under every general officer, who has held any command. Even the late Sir John Moore, one of the most enlightened and estimable men that ever wore a sword, was compelled by his instructions to enforce this Code, and to refuse permission to Catholic clergymen to attend the Catholic soldiers of his army in Spain and Portugal.

. The like coercion is rigidly applied to the Navy. Nothing but Protestantism is there tolerated.

The Irish Statutes of 1792 and 1793 are profoundly silent respecting any legal enactment, securing the appointment of Catholic regimental chaplains, or any other provision for the free exercise of the Catholic Religion in the army or

navy.

CHAP. V. In this respect, therefore, the Law of Ireland Precarious re- affords no greater protection than that of England.

liance upon

military orders. The Commander in Chief for the time being may,

No protection in military courts.

no doubt, issue or recall military orders upon this subject, at his pleasure. But any violation of such orders may easily be connived at, and must be endured. It is not cognizable by the civil courts: it affords no claim to legal relief; no ground for inquiry in a court of Law.

A Military court of inquiry, or Court-martial, may institute or may stifle a remedial proceeding: but the Statute Law of the land provides no redress for the injured and insulted Catholic, who may be prohibited from worshipping his Creator in his own way, or compelled to an outward conformity with ceremonies of worship, which his conscience has been taught to condemn.

2 f

4. Upon this subject, then, the CaReasoning of a tholic soldier or sailor is entitled to ask, 66

Catholic Sol

dier or Sailor. «should any religious test be proposed to

Why

me

"in either Country, or what concern have religious differences with military duty ?”

How can any man be rendered the worse soldier or sailor, by a proper respect for the quiet and purity of his conscience, or by a decent regard for the religion of his forefathers?