'Before all courts, in all questions affecting the rights or property of any religious body not established by law, or of the members of the same as such, it shall be sufficient to prove the existence 'de facto' of any ecclesiastical arrangement material to the inquiry, and no evidence shall be required of the manner in which, or of the persons by whom, such arrangement may have been originally made.') with reference to the Eccl. Titles Bill:—]
These I now send you, and, with them, a letter which you wrote to me last July showing how the matter then stood. In connection with this letter, I send you likewise a print of my statement made and circulated before the committee met in 1867, and given in evidence by me before that committee. A reference to it will show that the view which your letter attributes to Lord O'Hagan is certainly not correct as regards England, though there are some circumstances in Ireland which make it more applicable there. As the bill is now to go to a Select Committee of the Commons, there seems a fair chance of getting a favourable alteration, and it is certainly well worth the attempt. As I wrote to you last summer, the clause I proposed would be of the greatest practical value, and might save some amount of feeling among Protestants by letting them fire away at the Papal authority; but if it cannot be got, the words 'and all assumption, &c., is wholly void' should either go out, or the whole of that recital be qualified so as to mean legal and coercive, not merely spiritual, jurisdiction, &c.
I am sorry to add to the number of your labours for the Church, but at present I am not able to take the field myself; and as you are at any rate to be in London this week, you may take the opportunity of moving in the matter.
Yrs affly,
James R. Hope-Scott
Remember J. V. Harting in case of need.
His Grace the Duke of Norfolk, E.M.
The whole subject has belonged to the domain of history since the Repeal passed under Mr. Gladstone's administration in 1871. Still, I am unwilling to dismiss it without quoting the wise and powerful words with which Mr. Hope-Scott concludes the 'Statement' of 1867, several times referred to:—
No Act of Parliament can cause direct hardship to the subject while the Ministers of the Crown, the judges, the magistrates, and the public concur in disregarding it; but it is one thing to be secure by the law, and another to be secure only by a general contempt of the law. In the latter case a gust of popular excitement, such as occurred in 1850-1, or the interest or prejudice of an individual, or the scruples of a single official, or of a single judge, might at any time turn this dormant Act into a real instrument of oppression; and therefore the grievance of the Roman Catholics is this, and it is essentially a practical one, that, whatever their present immunity may be, they are not, and, as the law stands, they never can be, secure of its continuance. From this it follows, that in all matters to which the Act may be applied, Roman Catholics find it necessary to take the same precautions, and resort to the same expedients, as if its application were certain. In short, they are under the constant sense that a penal statute is at the door, and that it depends upon little more than accident whether it shall come in or not: and thus, if the apprehension of evil be, as it certainly is, an evil in itself, the mere existence of the Act is a practical hardship, and there can be no remedy short of its repeal. [Footnote: Minutes of Evidence (J. R Hope-Scott, Esq., Q.O.), p. 26.]
(5) It appears from Mr. Hope-Scott's papers that, in May 1869, he was giving his weight to the opposition against the Scottish Education Bill, as a measure, in its original form, based on the principle of Presbyterian ascendency, and was advocating a denominational system in the interests of Catholicity.