No. XCI.

QUERIES TO FOREIGN UNIVERSITIES, WITH THEIR ANSWERS. PAGE 46.

WHEN the committee of the English Catholics (for they had a committee with whom the English ministers of the crown did not disdain to communicate) waited on Mr. Pitt, he requested to be furnished with authentic evidence of the opinions of the Catholic clergy, and the Catholic universities abroad," with respect "to the existence and extent of the pope's dispensing power." Three questions were accordingly framed and sent to the universities of Paris, Louvain, Alcala, Douay, Salamanca, and Valladolid, for their opinions.

The queries and answers are as follow.

THE QUERIES.

Has the pope, or cardinals, or any body of men, or any individual of the church of Rome, any civil authority, power, jurisdiction, or pre-eminence whatsoever, within the realm of England?

2. Can the pope or cardinals, or any body of men, or any individual of the church of Rome, absolve or dispense with his majesty's subjects, from their oath of allegiance, upon any pretext whatsover?

3. Is there any principle in the tenets of the Catholic faith, by which Catholics are justified in not keeping faith with Heretics, or other persons differing from them in religious opinions, in any transaction, either of a public or a private nature?

Abstract from the answer of the Sacred Faculty of Divinity of Paris to the above queries.

After an introduction according to the usual forms of the uni versity, they answer the first query by declaring:

Neither the pope, nor the cardinals, nor any body of men, nor any other person of the church of Rome, hath any civil authority, civil power, civil jurisdiction, or civil pre-eminence whatsoever in any kingdom; and, consequently, none in the kingdom of England, by reason or virtue of any authority, power, jurisdiction, or pre-eminence by divine institution inherent in, or granted, or by any other means belonging to the pope, or the church of Rome.

This doctrine the sacred faculty of divinity of Paris has always held, and upon every occasion maintained, and upon every occasion has rigidly proscribed the contrary doctrines from her schools.

Answer to the second query.-Neither the pope, nor the cardinals, nor any body of men, nor any person of the church of Rome, can, by virtue of the keys, absolve or release the subjects of the king of England from their oath of allegiance.

This and the first query are so intimately connected, that the answer of the first immediately and naturally applies to the second, &c.

Answer to the third query.There is no tenet in the Catholic church, by which Catholics are justified in not keeping faith with Heretics, or those who differ from them in matters of religion. The tenet, that it is lawful to break faith with Heretics, is so repugnant to common honesty and the opinions of Catholics, that there is nothing of which those who have defended the Catholic faith against Protestants, have complained more heavily, than the malice and calumny of their adversaries in imputing this tenet to them, &c. &c. &c.

Given at Paris in the general assembly of the Sorbonne, held on Thursday the 11th day before the calends of March, 1789.

Signed in due form.

UNIVERSITY OF DOUAY.

January 5, 1789.

At a meeting of the Faculty of Divinity of the University of Douay, &c. &c.

To the first and second queries the sacred faculty answersThat no power whatsoever, in civil or temporal concerns, was given by the Almighty, either to the pope, the cardinals, or the church herself, and, consequently, that kings and sovereigns are not in temporal concerns, subject, by the ordination of God, to any ecclesiastical power whatsoever; neither can their subjects, by any authority granted to the pope or the church, from above, be freed from their obedience, or absolved from their oath of allegiance.

This is the doctrine which the doctors and professors of divinity hold and teach in our schools, and this all the candidates for degrees in divinity maintain in their public theses, &c. &c. &c.

To the third question the sacred faculty answers-That there is no principle of the Catholic faith, by which Catholics are justified in not keeping faith with Heretics, who differ from them in

religious opinion. On the contrary, it is the unanimous doctrine of Catholics, that the respect due to the name of God so called to witness, requires that the oath be inviolably kept, to whomsoever it is pledged, whether Catholic, Heretic, or Infidel, &c. &c. &c. Signed and sealed in due form.

UNIVERSITY OF LOUVAIN.

The faculty of divinity at Louvain, having been requested to give her opinion upon the questions above stated, does it with. readiness but struck with astonishment that such questions should, at the end of this eighteenth century, be proposed to any learned body, by inhabitants of a kingdom that glories in the ta lents and discernment of its natives. The faculty being assembled for the above purpose, it is agreed with the unanimous assent of all voices to answer the first and second queries absolutely in the negative.

The faculty does not think it incumbent upon her in this place to enter upon the proofs of her opinion, or to shew how it is sup ported by passages in the Holy Scriptures, or the writings of antiquity. That has already been done by Bossuet, De Marca, the two Barclays, Goldastus, the Pithæuses, Argentre Widrington, and his majesty king James the First, in his dissertation against Bellarmine and Du Perron, and by many others, &c. &c. &c.

The faculty then proceeds to declare that the sovereign power of the state is in no wise (not even indirectly as it is termed) subject to, or dependant upon any other power, though it be a spiritual power, or even though it be instituted for eternal salvation, &c. &c.

That no man nor any assembly of men however eminent in dignity and power, not even the whole body of the Catholic church, though assembled in general council, can, upon any ground or pretence whatsoever, weaken the bond of union between the sovereign and the people; still less can they absolve or free the subjects from their oath of allegiance.

Proceeding to the third question, the said faculty of divinity (in perfect wonder that such a question should be proposed to her) most positively and unequivocally answers-That there is not, and there never has been, among the Catholics, or in the doctrines of the church of Rome, any law or principle which makes it lawful for Catholics to break their faith with Heretics, or others of a different persuasion from themselves in matters of religion, either in public or private concerns.

The faculty declares the doctrine of the Catholics to be, that the divine and natural law, which makes it a duty to keep faith

and promises, is the same; and is neither shaken nor diminished, if those with whom the engagement is made, hold erroneous opinions in matters of religion, &c. &c.

Signed in due form on the 18th of November, 1788.

UNIVERSITY OF ALCALA.

To the first question it is answered-That none of the persons mentioned in the proposed question, either individually, or collectively in council assembled, have any right in civil matters; but that all civil power, jurisdiction and pre-eminence are derived from inheritance, election, the consent of the people, and other such titles of that nature

To the second it is answered, in like manner-That none of the persons above-mentioned have a power to absolve the subjects of his Britannic majesty from their oaths of allegiance.

To the third question it is answered-That the doctrine which would exempt Catholics from the obligation of keeping faith with Heretics, or with any other persons who dissent from them in matters of religion, instead of being an article of Catholic faith, is entirely repugnant to its tenets.

Signed in the usual form, March 17th, 1789.

UNIVERSITY OF SALAMANCA.

To the first question it is answered-That neither pope, nor cardinals, nor any assembly or individual of the Catholic church, have, as such, any civil authority, power, jurisdiction or pre-emi nence in the kingdom of England.

To the second it is answered-That neither pope nor cardinals, nor any assembly or individual of the Catholic church, can, as such, absolve the subjects of Great Britain from their oaths of allegiance, or dispense with its obligations.

To the third it is answered-That it is no article of Catholic faith, with Heretics, or with persons of any other description, who dissent from them in matters of religion.

Signed in the usual form, March 7th, 1789.

UNIVERSITY OF VALLADOLID.

To the first question it is answered-That neither pope, cardinals, or even a general council, have any civil authority, power, jurisdiction or pre-eminence, directly or indirectly, in the kingdom of Great Britain; or over any other kingdom or province in which they possess no temporal dominion.

To the second it is answered-That neither pope nor cardinals, nor even a general council, can absolve the subjects of Great Britain from their oaths of allegiance, or dispense with their obliga

tion.

To the third it is answered-That the obligation of keeping faith is grounded on the law of nature, which binds all men equally, without respect to their religious opinions; and with regard to Catholics, it is still more cogent, as it is confirmed by the principles of their religion.

Signed in the usual form, February 17th, 1789.

No. XCII.

PAGE 46.

September, 13, 1792.

At a meeting of the sub-committee of the Catholics, RANDAL M'DONNELL, esq. in the chair.

The sub-committee having seen, with great concern, a variety of publications, censuring the circular letter lately issued by them, said to be signed by Edward Byrne, and erroneously stated to be illegal and unconstitutional, have thought it their duty to submit that letter to the inspection of the honourable Simon Butler, and Beresford Burston, esq. two gentlemen of the first eminence in their profession, and who have the honour to be of his majesty's council.

The case and opinions of those gentlemen, which follow, will demonstrate, that the committee have taken no step whatsoever, which the laws and constitution do not fully warrant.

CASE.

The Catholics of Ireland, labouring under laws, by which they are deprived of every share in the legislature, rendered incapable of serving their country in any office civil or military, and deprived of an equal participation with their fellow-subjects of other persuasions, in the benefit of the trial by jury, are desirous of laying their grievances before the king and parliament, and supplicating redress.