The Governor's Regulations

In a previous post, we read the speech given by Major-General Lachlan Macquarie at the laying of the foundation stone of old Saint Mary's.  The Governor made a particular point of mentioning his experiences of Catholics as being "loyal and faithful subjects", obviously something he esteemed greatly.  On such occasions, there are often fine words spoken which do not completely reflect the mind of the speaker.  In this post, we transcribe a letter written to Fathers Therry and Connolly shortly after their arrival in the Colony of New South Wales as official Catholic Chaplains in May 1820.  This letter gives a very clear idea of the mind of Governor Macquarie respecting the practice of the Catholic religion.

The letter requires a few words of explanation.  Its gracious tone does not conceal an intention to place as many restrictions on the practice of Catholicism as the Governor can manage.  Its cordiality is balanced with veiled threats of what will happen if his instructions are not adhered to.  The appointment of the two Catholic Chaplains by the British Government came about because of discontent expressed in the British Parliament about Governor Macquarie's treatment of Father Jeremiah O'Flynn [EN 1].  Macquarie had been humiliated by the British Government and influential residents of the Colony of New South Wales, who didn't care much for the Macquarie regime, were happy to use that opportunity to point to other shortcomings of his governance. The two Catholic Chaplains were obviously not particularly welcome in the eyes of Lachlan Macquarie, but their appointment was something that he could not overturn. 

There are other considerations, also.  The most important being that at the time New South Wales was not a colony of free settlers, but mainly a colony of prisoners.  It was at the Governor's discretion what was permitted (within the law) and what was not, so to maintain order.  Macquarie was a military man, not a politician.  He did have sound religious beliefs, [EN 2] but these did not encompass openness towards Catholicism.  

Furthermore, in 1820, the practice of Catholicism itself was still under legal constraint.  Following the Protestant Reformation in England, Catholics were not free to practise their Religion; they were regarded as potential enemies of the Crown.  Catholics could not hold any public office; they could not have their children educated in the Catholic Faith; they could not even own property.  Two hundreds years later, these things are astonishing to us; two hundred years ago, they were greatly resented by Catholics.  Social movements, however, were emerging in England and Ireland which sought to place Catholics on a more equal legal footing with their Protestant fellow countrymen.  Other movements - particularly following the French Revolution and the years of Napoleon Bonaparte's control of Europe - sought to extend the privileges which the aristocracy enjoyed, to the benefit of the poor : the everyday man.

These matters are all in evidence in the Governor's letter to the two Chaplains.  It was obvious that any form of progressive social movement would not be welcomed by him.  Although he himself was not a member of the aristocracy, as a military man, maintaining social order was of prime importance. 

And so, to the Governor's letter to the two Chaplains, written in his own hand from Government House :  [EN 3]

An aquatint of Sydney in the year 1820 or 1821.
The residence of the Governor is shewn in the middle ground, just right of centre.
Image : National Library of Australia.

Government House, Sydney

6th June, 1820

Gentlemen,

In conformity with the wish you have expressed to be informed of the line of conduct, which, in my opinion you should pursue in the performance of your clerical duties in New South Wales and Van Diemen's Land, I willingly embrace the occasion to express feelingly and candidly to you what I conceive is the course you are called upon by your sacred functions, and a due regard to the laws of the Mother Country, to pursue.  Although, by the laws of England, marriages there can only be legally celebrated by the clergy of the Church of England, yet, as I find that all the provisions of the Marriage Act do not extend to the colonies of Great Britain, you are at liberty to celebrate marriages between parties where both are Roman Catholics, subject, however, to the following regulations. 

1st.  — That the names, residences, and description of the persons desiring to be joined together in holy wedlock (provided they be convicts, or either of them a convict) be transmitted in like manner as is done by the Chaplains of the Church of England to the Governor, and his permission obtained for the ceremony taking place.

2nd. — That you transmit applications to the Governor for leave to celebrate marriages in all cases, where it is required, on the first Monday (or as early as possible in the first week) of each month, in the same manner as is done by the chaplains of the Church of England.

3rd. — That you keep a register of all marriages which shall be celebrated by you, regularly vouched, and capable of being duly authenticated in all cases, when proof of a marriage may be required.

4th. — That you make a quarterly return to the Governor of all marriages, which shall have been celebrated by you within that period, and in order that your said returns may coincide in regard to dates with similar ones made by the Protestant chaplains, you will please to consider the four quarters of the year as terminating respectively with the 31st of March, the 30th of June, the 30th of September, and the 31st of December.

But you are on no account or consideration whatever, to celebrate a marriage between parties being Protestants, or where one of them is a Protestant, or where one or both is or are of any other religious persuasion than that of Roman Catholics.  The steady adherence to this injunction, involving in it the rights of legitimacy and inheritance, it will be your duty to keep this prohibition at all times clearly in view, both as it regards your obedience to a direct command and as it is of absolute necessity to guard against the validity of such marriages being hereafter called in question, and thereby the inheritance of property rendered doubtful and insecure. It would therefore appear a measure of sound policy on your part on behalf of the members of the Romish communion, and would mark in a very gratifying way your disposition to maintain and uphold the constitution and laws of the mother country, were you frequently to impress on their minds that the legitimacy of their offspring and their claims to the inheritance of property, will hinge on the validity of the marriage of parents. 

The penalty attached to a Roman Catholic priest for celebrating the marriage Ceremony between parties other than those immediately belonging to, and members of the Church of Rome, must be too well known to you to require me to say more on that subject, than merely to call it to your mind, and therefore, I need not dwell on the risk that would be incurred by your performing strictly forbidden service.  Your own good sense and feeling, not only of propriety, but of personal responsibility also, will fully mark the line of conduct you have to pursue in all such cases. 

You have likewise my permission to Baptise the children of parents of the Roman Catholic communion, but you are strictly enjoined to confine yourselves in the performance of that service to those persons of your own Communion. 

I see no objection whatever to your performing the funeral service, according to the rites of your Church, when called upon, over the remains of any deceased member of the Roman Catholic persuasion. 

Governor Lachlan Macquarie

In the way of advice, I have to recommend most strongly to you for the sake of concord with the members of other religious persuasions, that you endeavour not to make converts from the Established Church (or generally from the Protestant Church), but that you confine your spiritual ministry to those persons exclusively who are of the Romish communion. Indeed, within your own flock, which is very numerous, you will have quite enough of duty to perform conscientiously, without attempting by proselytizing, to acquire additional members. What I have already observed on this subject is altogether in the form of advice, for the laws of England, to which we must all conform at out peril, are too strong to require me to be more explicit in regard to their operation. 

I shall now advert to some points which are more of necessary local arrangement and political expediency in this colony than what I have already dwelt on, and shall preface them by observing to you that the melancholy effects lately produced in England by large popular meetings, [EN 4]  under the banners of itinerant political  demagogues, long practised in the acts of Faction, and ripe for anarchy and confusion, having made the enactment of certain laws in regard to future assemblages of the people, a matter of absolute necessity, in order to restrain the excesses to which they were becoming every day more and more the dupes, it will be incumbent on this Government to tread in the steps of those of the Mother Country, in order to avert the evils arising out of such popular meetings. In order, therefore, to guard against large meetings taking place under any pretence whatever, unless when called together by the proper legal authority, it will be expected and required of you :— 

1st. — That when you shall have fixed on certain stations, whereat you propose to celebrate divine service, at regular periods, that you transmit me, or the Governor for the time being, a return of the plans you shall have so determined on, whereby I shall be enabled to judge of their fitness, and when approved by me, I shall transmit authority to the Magistrates to permit the assemblage of your congregations at those particular places. But no meeting or assemblage of Roman Catholics, consisting of more than five persons for the celebration of the rites or service of your Church, is to be convened or held at any other place or places than those approved in the foregoing manner, unless leave for their special purpose shall have been first had and obtained from the magistrate residing nearest to the proposed place of assemblage, and notice of the time at which the intended meeting may be proposed to be held shall also be given to the said magistrate, whose permission must be obtained before such meeting or congregation shall be there assembled. 

2nd. — That you confine the public celebration of Mass to the Sabbath Day, and the Holy days set apart by the Church of England, on which, service is performed accordingly in this colony, in the Established Church. 

3rd. — That you administer the comforts of your religion to those persons exclusively who are of the Roman Catholic faith. 

4th. — That on Sundays and on the other holidays of the Church of England, when you shall celebrate Mass, you adopt the same hours for that service as are prescribed to the clergy of the established Church, in order that the prisoners of the Crown of your religious persuasion may be mustered in the same manner as those of the Church of England, and proceed to Mass, and return from it under the charge of the constables appointed for that duty. 

5th. — That you do not interfere with the religious education of orphans in the Government charitable institutions of this colony, they being by the fundamental regulations of those institutions, to be instructed in the faith and doctrines of the Church of England. 

6th. — That you keep registers, make regular quarterly returns, to the Governor, of births and deaths among the Roman Catholic inhabitants, in like manner as already directed for marriages, and the returns to be made up to the same periods. 

Having now, Gentlemen, dwelt on the principal points, both religious and political, which have occurred to my mind at this time, I shall wind up my instructions, by assuring you that I, at present, entertain a full confidence in the purity and integrity of your views and purposes as you have expressed them to me, and shall feel much mortified, indeed, if I should hereafter have reason to doubt that purity and integrity, or to call in question any part of your conduct in the ministry of the rites and ceremonies of the Church of Rome. 

But I willingly dismiss that subject from further observation, in order to give you the assurance that you will ever find me ready to advocate and support the religious liberty of your flock, and to maintain your own just rights and privileges, and to show you every mark of favour to which exemplary conduct can lay claim. 

I am, Reverend Sirs, 

Your obedient humble servant, 

L. MACQUARIE.

~~~~~~~~~~~ 

The Revs. Philip Conolly and John Joseph Therry,

Roman Catholic Chaplains of Sydney.

- o - 

A photograph of Father Therry in old age.

END-NOTES

[EN 1]  Father Jeremiah O'Flynn - who will be the subject of a future article - arrived in the Colony in 1817 with an appointment from the Vatican, but not the permission of the British Government.  Governor Macquarie took a very strict line that a priest without Governmental appointment had no business ministering in the Colony.  After six months, Macquarie had Father O'Flynn arrested and deported back to England.  The news of these events caused indignation in certain English political quarters and the Governor's actions were discussed unfavourably in the English parliament.

[EN 2]  Lachlan Macquarie was a practising Presbyterian, but nevertheless conformed to the Established Church upon becoming Governor of New South Wales in 1810.

[EN 3]  Our source for this letter was Father Eris O'Brien's biography of Father Therry (1922).  But Cardinal Moran's earlier history (1896) and an article in The Freeman's Journal of January 1888 give the date of Macquarie's letter as 14th October, 1820.

[EN 4]  It is likely that Macquarie is referring to the infamous public meeting in Manchester in 1819, which became known as The Peterloo Massacre.

Next post : Francis Greenway and Old Saint Mary's Cathedral.

  . 

Old Saint Mary's by Moonlight

 

Old Saint Mary's by moonlight
Image : The Saint Bede Studio.

Eastward of this Park [Hyde] without trees is the Catholic Chapel and a view of Port Jackson, with its numerous bays and woody shores.  The Gothic edifice, though a plain structure without the usual architraves, fretwork, moulding and sculpture, is a surprising piece of work, standing where it does ... This building, begun in 1820, and now roofing in, is in the form of a cross having at each corner octagonal buttresses rising above the roof with high-pointed caps, ornamented with turrets.  There, a circular projection in the transept for the altar constitutes the principal decorations, yet the whole has a fine effect, and by moonlight, but that the stone is fresh, you might fancy it is some old abbey.

Excerpt from the article "New Holland" by Dr Roger Oldfield in the South-Asian Register, May 1828.

NOTE

The image of Old Saint Mary's accompanying this post is digital artwork prepared by The Saint Bede Studio.  It depicts the Western facade and the northern transept of the old Cathedral, looking across from Hyde Park, which is divided from the road (later College Street) by a post and rail fence.  To the left of the Cathedral are those buildings which comprised the residence of the Archbishop and the clergy of the Cathedral, built in the 1820s.

Bicentenary of the Founding of Saint Mary's Cathedral : 3

The day selected by Father Therry for the founding of the Colony's Catholic Chapel was All Saints' Day 1821.  It is most likely that he chose it to coincide with the Feast.   Somewhat daringly, Father Therry sent a letter to Governor Macquarie notifying him that the ceremony would occur, and inviting him to lay the first stone.  Governor Macquarie had laid the first stone of many buildings in the Colony, including some Anglican churches, but certainly not a Catholic building.  On 20th October, the Secretary replied that the Governor would "be very happy to have the honour of laying the first stone of the intended Roman Catholic Chapel", but stipulated that it could not be on the proposed date.  FN1  Consequently, Monday 29th October was chosen, at the hour of 1pm.  A very large number of people, Catholics and non-Catholics were present for the occasion.

Governor Macquarie
Portrait by Australian artist Arthur Levett Jackson.
Image : Wikipaedia.

Father Therry's invitation was strategic and of the greatest importance to the progress of the Catholic Faith in the Colony; but it was also somewhat unusual. If we were to accept at face value the extract from The Sydney Gazette, (reproduced in the first article of this series), the occasion was purely civic. The ceremony for laying the first stone of a Catholic Church is not a civic ceremony, however, but a rite of the Church, usually performed by a bishop. Since Father Therry's bishop was resident in Mauritius, it is a moot point whether he even knew when the first stone would be laid in far-off NSW. The laws of the Church, nevertheless, require that a bishop approve the founding of a church, including the site on which it is to be built.

A CATHOLIC RITE

There are some questions about the form of the rite which Father Therry carried out that day in 1821, since the rites associated with the blessing of a church were part of a bishop's ritual book, The Roman Pontifical, which was not necessarily in the possession of Father Therry. Various sources, however, give us a few scant details of what did take place that day.  We know that Father Therry did observe a rite and that he was dressed in his "sacerdotal vestments".  He uttered a prayer of blessing over the foundation stone whilst it was being laid by Governor Macquarie.  We also know that in a tent nearby, a small choir sang the responses to the prayers.  If all the choir had to do was to sing "Amen" at the end of a prayer or two, there would have been little need of their services.  So, it is most likely that part of the rite Of the Blessing and Laying of the Foundation Stone for the Building of a Church was observed that day and that it was certainly celebrated in Latin. FN2  Given the presence of the protestant Governor, it may be that Father Therry was inclined to modify the rite so as not to offend sensibilities.  As it was, it is recorded that Macquarie did attract a great deal of criticism for assisting at this Catholic ceremony.  FN3  

The following extract from a letter written in 1865 by Columbus Fitzpatrick (the ten-year old boy who assisted Father Therry as a server at the 1821 ceremony) would indicate that the ritual on the occasion was far from a cobbled-together abbreviated ceremony, and that singing of the chants set down in liturgical books was observed.  An important detail is that the celebration of Mass was part of the occasion, although this took place distinct from the Foundation Stone Rite, and certainly not in the presence of the Governor.   

...At all events, the Governor consented to lay the first stone of the first Catholic church in Australia.  The day was fixed, and every one of the [Government] officials, taking the cue from Government House, vied who could do most to forward the work.  Father Therry, who never put his light under a bushel, strained every nerve to make the scene an imposing one.  The trenches [marking the line of the intended walls of the building] were dug out, and a large quantity of stone placed on the ground; a marquee was erected, in which Mass was celebrated, and a procession formed which made a round of the site, while the choir chanted the various hymns appropriate for the occasion.  ¶ 

There were Catholics from all parts of the colony at the ceremony of laying the first stone, and they added not only to the appearance, but also to the subscription list.  I was then a boy serving at Mass, and it was part of my duty to hold the trowel until the time came for Father Therry to present it to the Governor.   FN4

Another newspaper correspondent from the year 1915 gives further interesting details of the occasion: 

About forty years ago [circa 1875] I had an interesting conversation with one of the masons who was at the ceremony of the laying of the foundation-stone, and who assisted to set it in its place. His name was Lawler, living then at Erin Vale, near Gunning (NSW). He stated that Father Therry had made great preparations for the occasion, and managed to get a few singers together to form a choir. The event drew a large attendance. Governor Macquarie, in official dress, accompanied by his staff, arrived and was received by the priest, who had several altar-boys in attendance. I heard in after years that Columbus Fitzpatrick, brother of the member of the Legislative Assembly, Sydney, was one of the boys. The old man told me that the ceremony was a very solemn affair, and that the silence was great whilst Father Therry read his address to the Governor, to whom he handed a silver trowel. His Excellency's reply was listened to with respectful attention.   FN5

Here follows an outline of that Latin rite, together with the text of particular prayers that were likely to have been recited.  FN6

Blessing of the Foundation Stone of a Church
as celebrated by a Bishop.

A large timber Cross - suggested to be 2 metres in height - is required to be erected beforehand on the site of the intended church and this Cross was to signify that place where the altar of the church would be erected. Of the details that have been preserved, there is no evidence that such a Cross had been erected, but we cannot say that it was not put up. The Cross is to be blessed with holy water, whilst a psalm is sung and then the following prayer is recited :

 

O Lord God, although heaven and earth cannot contain you, yet you are pleased to have a house on earth in which your name may be continually invoked. Look down with loving-kindness upon this place, and by the inpouring of your grace, purify it from all defilement and keep it pure. As you fulfilled the devout desire of your well-beloved David in the work of Solomon his son, likewise in this work be pleased to accomplish our desires, and drive from this place all the spirits of wickedness.

Attention is then focussed on the first stone, which is intended to be part of the structure of the intended wall, rather than a commemorative feature.  The following prayer invokes God's blessing over the stone :

O Lord Jesus Christ, Son of the living God, you, true God Almighty, brightness and image of the Eternal Father, and Eternal life; you who are the corner-stone cut out without hands from the mountain, and the unchanging foundation; fix firmly this stone to be laid in your name. We pray you, O Beginning and End, the Beginning which the Father created all things from before all ages, be the beginning, advancement and completion of this work which is to be undertaken for the praise and glory of your name.

The celebrant then sprinkles the stone with Holy Water and traces the Sign of the Cross upon each face of the stone.  After this, the stone was put in place, with the assistance of a stone mason. This would have been the moment when Governor Macquarie used the trowel presented to him for the occasion and the short addresses made.  The rite indicates that the Litany of the Saints is sung after this.  

In the Rite found in The Roman Pontifical, the celebrant turns his attention away from the foundation stone towards the entire site of the intended church.  He blesses the outline of the building, walking around it sprinkling the area with holy water whilst three psalms are sung.  Whether this part of the Rite was observed in 1821 is a moot point, since at this time no definite plan for Saint Mary's existed, only some ideas about its size and design.

After the hymn Veni Creator Spiritus,  FN7 the celebrant prays that the Holy Spirit will come down upon the building which is about to rise from the ground, that He would make acceptable the offerings of clergy and people, and purify the hearts of the faithful. The last petition is that the building itself may endure forever as an unfailing source of heavenly blessings: 

O God, whose clemency and loving-kindness is shown forth in every place subject to your dominion: graciously hear us and grant that the structure erected on this site may endure forever, and that all your faithful who here pray to you, may ever receive the benefits of your bounty.

Saint Mary's Chapel and associated buildings 1834.
Image : State Library of NSW.

SOME FINER DETAILS

From the memoir of William Bernard Ullathorne  FN8  are also preserved some details of the foundation of Saint Mary's.  These are in the form of testimony repeated to him by Catholics present on the day in 1821.  They indicate that Father Therry celebrated the Rite in his "sacerdotal vestments" and by this is probably meant his cassock, surplice and stole.  This may not seem so very remarkable, except one recalls that at the time, Catholic priests were forbidden by law to appear in public in priestly attire.

From Father Ullathorne's account, and the letters of Columbus Fitzpatrick and the account of the ceremony given by Mr Dywer, it is certain that a choir sang the chants appointed in the liturgical books at the Foundation stone ceremony.

We know about this very old choir through a variety of sources.  It had been formed by Mrs Catherine Fitzpatrick FN9 and a Mr Maguire in 1818 and they set about learning that liturgical music proper to the Mass and the Divine Office.  They became very accomplished.  Whether the music they provided for the Liturgy was sung to the Gregorian melodies or to other compositions (probably somewhat operatic), we cannot be certain.  How they came to have liturgical music at all is also unknown, except perhaps they had it specially sent to the Colony from England or Ireland.  That choir, formed in 1818, continued in various forms to accompany the Sacred Liturgy at Saint Mary's Church - later Cathedral - and does so until this day.

To be continued.

Further instalments:

 

The architecture of old Saint Mary's; 

What happened to the foundation stone?

AMDG

ENDNOTES 

FN1    The letter from Governor Macquarie's secretary is reproduced in Father Eris O'Brien's The Life of Archpriest J.J. Therry, Sydney, 1922

FN2   This centuries-old rite is found in the second volume of The Roman Pontifical, originally published by Pope Clement VIII in 1596.

FN3  Criticism of Governor Macquarie is detailed in a letter of Columbus Fitzpatrick 3rd July 1865 published in The Southern Argus (Goulburn).

FN4  Extract from Columbus Fitzpatrick's letter loc. cit.

FN5  Extract from a letter to the Editor by Mr A.T. Dwyer, The Freeman's Journal 23rd September 1915.

FN6  Translation of the prayers of The Roman Pontifical from the original Latin by the author of this article.

FN7  The ancient hymn to the Holy Spirit, Come O Creator, Spirit blest.

FN8  Father Ullathorne arrived in Australia in 1833 as Vicar-General.  In later years, he wrote his memoirs, which were published initially during his life, but significantly revised after his death. William Bernard Ullathorne, From Cabin Boy to Archbishop, London, 1943.

FN9  An interesting essay about this devout and dedicated Catholic pioneer can be found here: https://australiancatholichistoricalsociety.com.au/wp-content/uploads/2021/03/gleesoncatherinefitzpatrick.pdf