<< import of the terms, it is false, because God and the ftate can dispense with a part of it: "but if qualified by fomething concealed in "the mind, (v. g. except God or the state) it "becomes true. In that very propofition, "there is a mental reservation, the great re

fuge of religious hypocrites, who accommo"date their confciences with their interefts."

Answer. The definition is juft, but proves nothing. For refervations were introduced in order to deceive the person to whom we swear. But the magistrates, in whose presence we take the oath, know that by authority whatsoever, is not meant the authority of God, nor that of the state.

Seventh "The laft paragraph of the teft, "tends to contradict an established doctrine of "the Catholic church, which is, that in the "church there is vefted a power of examining "into the nature of oaths, (which are acts of religion) and of determining whether they be, or be not lawful."

Answer. The teft does not deprive the church of the power of examining into the lawfulness of oaths. The laft paragraph is entirely levelled against the difpenfing power: the right of examination is quite out of the queftion. Without thinking that I can be acquitted of this declaration, &c.

Eighth.

Eighth. "A fundamental article of the Ca"tholic faith, is the infallibility of the church. "This article is reverfed by these words with"but thinking that I am or can be acquitted of any part of this declaration, although the pope or

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any authority whatsoever, shall declare that it "was null and void from the beginning. In fine, "in taking the oath, a Catholic must reason in "this manner. It is an article of my faith, that "the church is infallible; the pillar of truth, fays St. Paul, which the powers of hell carr "never overthrow, according to the promise of "Chrift. Now fhould the church declare, that

this oath is null and void from the begin"ning, I bind myself by oath not to believe her. Is this confiftent with the principles of a Catholic? To believe that the church is "an infallible guide, and to bind himself by a "folemn oath not to believe her, although she "fhould define contrary to his opinion!"

Anfwer. A Catholic fhould fooner expire on the wheel, than take an oath implying an abjuration of any point of his religion, We have not here a permanent city, and in fuffering with uprightness and integrity for conscience fake, we expect a better. We know that life is fhort, that the Chriftian is condemned to the crofs, and that the pampered tyrant, as well as

the

the oppreffed flave, must appear naked at the awful tribunal of Jefus Chrift.

We are not to court the favours of government at the expence of confcience; neither does the oath impofe fuch a rigorous condition.

The words," without thinking that I am or

"can be acquitted of this declaration, although "the pope, or any authority whatsoever, fhall "declare that it was null and void from the

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beginning," these words, I fay, mean no more than that you are convinced of the truth of what you swear; and that, in cafe of a difpensation you you think yourself still bound to keep your cath. For the words, "acquitted, "abfolved," regard the difpenfing power. Now that the doctrines mentioned in the declaration, are not our real principles, has been fufficiently proved; and reafon, as well as religion, informs us, that a dispensation granted against the law of God, or good morals, "can

ic

not acquit or abfolve us before God and man.' "It is not a faithful difpenfation," fays St. Ber"nard," but a cruel diffipation." "Non fide"lis difpenfatio, fed crudelis diffipatio." *

:

Ninth "Let us fuppofe that the church, 4. fball declare the oath null and void from the beginning, you bind yourself by oath not to

* De Difpenfatione et Præcepto.

"believe

"believe her; and thus renounce your religion "under cover of loyalty."

cr

Answer. I do not bind myself by oath not. to believe the church in her doctrinal decifions: I only fwear that "I do not think myself acquitted or abfolved" of my obligations, by a difpenfation granted by the pope, &c. The laft paragraph, as I remarked before, is entirely levelled against the difpenfing power.

Our legiflators know, that the infallibility of the church is a tenet of Roman Catholics. By the very preamble of the act, they enable us to give public affurances of our allegiance, without prejudice to our real principles. In fwearing that "I do not think myself acquitted of this "declaration, although the pope, or any authority whatsoever, fhall declare that it was " null and void from the beginning," I do not mean to deny the infallibility of the church, nor the authority of God, nor even the fupreme authority of the ftate and the magiftrate, in whofe prefence I fwear, knows that it is not my intention. As there is no defign on one part, nor deception on the other, I neither renounce my faith, nor perjure myself, although the feverity of the letter feems to import one, or the other, or both. Oaths and laws are liable to interpretations; and one general rule prevails all over the world, viz. "That a greater

"ftrefs

"ftrefs is to be laid on the fenfe, than on the "words." "It is not to be doubted," fays the emperor Juftinian," but that he acts contrary "to the law, who, confining himself to the let

ter, acts contrary to the spirit and intent of it: "and whoever, to excuse himself, endeavours fraudulently to elude the true fenfe of a law, 66 by a rigorous attachment to the words of it, "shall not efcape its penalties by fuch prevari"cation." "Non dubium eft in lege commit"tere eum, qui verba legis amplexus, contra legis nititur voluntatem: nec pœnas infertas

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legibus evitabit, qui fe contra juris fenten“tiam fæva prærogativa verborum fraudulen"ter excufat."

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"Whoever fwears, muft do it according to "the intention of him to whom he fwears, let "the mode and form of the expreffions be " what they will," fays St. Ifidorus. "Quacumque arte verborum quifque juret, Deus tamen, qui confcientiæ teftis eft, ita hoc accipit, ficut ille, cui juratur, intelligit." Far from renouncing the infallibility of the church, which is neither the purport of the oath, nos the defign of a Catholic who takes it, I am convinced that the unerring fpirit that guides her, will never permit her to define as an article of faith, any propofition rejected in the teft, or fanctify any doctrine againft the inftitution of Chrift. Faith

*Ifidorus apud Gratianum, 22 9. 5. c. 9..