ON THE CONSTITUTION OF THE CHURCH AND STATE, ACCORDING TO THE IDEA OF EACH; WITH AIDS TOWARD A RIGHT JUDGMENT ON THE LATE CATHOLIC BILL
THE clerisy, or National Church, being an estate of the realm, the Church and State with the king as the sovereign head of both constituting the Body Politic, the State in the large sense of the word, or the NATION dynamically considered (i.e. as an ideal, but not the less actual and abiding, unity); and in like manner, the Nationalty being one of the two constitutional modes or species, of which the common wealth of the Nation consists; it follows by immediate consequence, that of the qualifications for the trusteeship, absolutely to be required of the order collectively, and of every individual person as the conditions of his admission into this order, and of his eligibility to the usufruct or life-interest of any part or parcel of the Nationalty, the first and most indispensable qualification and pre-condition, that without which all others are null and void, -- is that the National Clergy, and every member of the same from the highest to the lowest, shall be fully and exclusively Citizens of the State, neither acknowledging the authority, nor within the influence of any other State in the world -- full and undistracted subjects of this kingdom, and in no capacity, and under no pretences, owning any other earthly sovereign or visible head but the king, in whom alone the majesty of the nation is apparent, and by whom alone the unity of the nation in will and indeed is symbolically expressed and impersonated. The full extent of this first and absolutely necessary qualification will be best seen in stating the contrary, that is, the absolute disqualifications, the existence of which in any individual, and in any class or order of men, constitutionally incapacitates such individual and class or order from being inducted into the National Trust, and this on a principle so vitally concerning the health and integrity of the body politic, as to render the voluntary transfer of the nationalty, whole or part, direct or indirect, to an order notoriously thus disqualified, a foul treason against the most fundamental rights and interests of the realm, and of all classes of its citizens and free subjects, the individuals of the very order itself, as citizens and subjects, not excepted. Now there are two things, and but two, which evidently and predeterminably disqualify for this great trust: the first absolutely, and the second, which in its collective operation, and as an attribute of the whole class, would, of itself, constitute the greatest possible unfitness for the proper ends and purposes of the National Church, as explained and specified in the preceding paragraphs, and the heaviest drawback from the civilizing influence of the National Clergy in their pastoral and parochial character -- the second, I say, by implying the former, becomes likewise an absolute ground of disqualification. It is scarcely necessary to add, what the reader will have anticipated, that the first absolute disqualification is allegiance to a foreign power: the second, the abjuration -- under the command and authority of this power, and as by the rule of their order, its professed Lieges (Alligati) -- of that bond, which more than all other ties connects the citizen with his country; winch beyond all other securities affords the surest pledge to the state for the fealty of its citizens, and that which (when the rule is applied to any body or class of men, under whatever name united, where the number is sufficiently great to neutralize the accidents of individual temperament and circumstances) enables the State to calculate on their constant adhesion to its interests, and to rely on their faith and singleness of heart in the due execution of whatever public or national trust might be assigned to them. But we shall, perhaps, express the nature of this security more adequately by the negative. The Marriage Tie is a Bond the preclusion of which by an antecedent obligation, that overrules the accidents of individual character and is common to the whole order, deprives the State of a security with which it cannot dispense. I will not say, though I might shelter the position under the authority of the great Publicists and State-Lawyers of the Augustan Age, who, in the Lex Julia Papia, enforced anew a principle common to the old Roman Constitution with that of Sparta, that it is a security which the State may rightfully demand of all its adult citizens, competently circumstanced, by positive enactment. But without the least fear of confutation, though in the full foresight of vehement contradiction, I do assert, that the State may rightfully demand of any number of its subjects united in one body or order the absence of all customs, initiative vows, covenants and bylaws in that order, precluding the members of the said body collectively and individually from affording this security. In strictness of principle, I might here conclude the sentence -- though as it now stands it would involve the assertion of a right in the state to suppress any order confederated under laws so anti-civic. But I am no friend to any fights that can be disjoined from the duty of enforcing them. I therefore at once confine and complete the sentence thus: -- The State not only possesses the right, but is in duty bound to demand the above as a necessary condition of its entrusting to any order of men, and to any individual as a member of a known order, the titles, functions, and investments of the National Church. But if any doubt could attach to the proposition, whether thus stated, or in the perfectly equivalent Converse, i.e. that the existence and known enforcement of the injunction or prohibitory by-law, before described, in any Order or Incorporation constitutes an a priori disqualification for the Trusteeship of the Nationalty, and an insuperable obstacle to the establishment of such an order, or of any members of the same as a National Clergy -- such doubt would be removed, as soon as the fact of this injunction, or vow exacted and given, or whatever else it may be, by which the members of the Order, collectively and as such, incapacitate themselves from affording this security for their full, faithful, and unbiased application of a National Trust to its proper and national purposes, is formed in conjunction with, and aggravated by, the three following circumstances. First, that this incapacitation originates in, and forms part of, the allegiance of the order to a foreign Sovereignty: Secondly, that it is notorious, that the Canon or Prescript on which it is grounded, was first enforced on the secular clergy universally, after long and obstinate reluctation on their side, and on that of their natural sovereigns on the several realms, to which us subjects they belonged; and that it is still retained in force, and its revocation inflexibly refused, as the direct and only adequate means of supporting that usurped and foreign Sovereignty, and of securing by virtue of the expatriating and insulating effect of its operation, the devotion, and allegiance of the order  to their visible Head, and Sovereign. And thirdly, that the operation of the interdict precludes one of the most constant and influencive ways and means of promoting the great paramount end of a National Church, the progressive civilization of the community. Emollit mores nec sinit esse feros.
And now let me conclude these preparatory Notices by compressing the sum and substance of my argument into this one sentence. Though many things may detract from the comparative fitness of individuals, or of particular classes, for the Trust and Functions of the NATIONALTY, there are only two absolute Disqualifications: and these are, Allegiance to a Foreign Power, or the Acknowledgement of any other visible HEAD OF THE CHURCH, but our Sovereign Lord the King: and compulsory celibacy in connection with, and in dependence on, a foreign and extra-national head.
1. For the fullest and ablest exposition of this point, I refer to the Reverend Blanco White's "Practical and Internal Evidence," and to that admirable work, "Reforma d'Italia," written by a professed and apparently sincere Catholic, a work which well merits translation. I know no work so well fitted to soften the prejudices against the theoretical doctrines of the Latin Church, and to deepen our reprobation of what it actually and practically is, in all countries where the expediency of keeping up appearances, as in Protestant neighbourhoods, does not operate.