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.

  .