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When this plea is examined, it is found to mean simply this, that the law is not strictly observed in case of necessity. That this isthe meaning of Archbishop Walsh's plea is proved by a quotation which hemakes from Pope Benedict XIV. The principle laid down by Pope Benedictis that when it became impossible to resist the encroachment of adversecustoms, the Popes shut their eyes to what was going on, and toleratedwhat they had no power to prevent. It is exactly the principle oftoleration as a te...mporary expedient. The re-enactment of the law by thepresent Pope means surely, if it means anything, that such tolerationis to cease wherever and whenever the law can be enforced. But, be itobserved, this necessity is entirely dependent on the strength of theauthority which administers the civil law. The moment the civilauthority grows weak in its assertion of its supremacy, the plea ofnecessity fails, and the ecclesiastical law must be enforced. Those whoknow Ireland are well aware that this is exactly what would happen underHome Rule.
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