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1751. Pradice of Ecclefiaflicks with regard to Oaths. 167

keep, this can be understood only. of the obligatory oaths, whereby we have engaged ourfelves to fomething. An oath very often fignifies a promise made with an oath. It is a fhort way of fpeaking, common to all languages. When we speak, for example, of an oath of fidelity, it is plain that we mean thereby the promife that any one has made to be faithful.

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You offer ftill another argument to prove, that the question here is not of treaties or promifes. The bull B fays, that the vows and the oaths made by the king may be commuted into other works of piety. You lay a great ftress upon the word other. Treaties upon political affairs are not works of piety. It must be faid, therefore, either that the pope has C expreffed himself altogether improperly, or that the difpenfation concerns folely the vows accompanied. with an oath.

It has thereby happened, that an oath is one of the things whereby the ecclefiafticks have moft advanced their temporal intereft, and incroached upon the rights of the magiftrates. The ufe of an oath was introduced into most of the affairs of life, and as the ecclefiafticks cunningly feized the right of judging of the validity of oaths, they drew on themfelves, by this means, all civil caufes *"

This, if I remember right, is all that you have communicated to me, to difcharge this bull of what appears odious at the first reading. One cannot plead better for it than you, conjointly with your friends, have done. Had you had a pension from Rome, you would not have employed yourfelf in it with more zeal, But it is nobler in you to have done it in a difinterested manner, and in favour of the head of a religion opposite to yours. Not to be behind hand with you in generofity, I am going to fupIt must be owned, Sir, that this ply what you have omitted, and to laft turn is contrived with great fub- furnish you with two or three very tilty. However, I believe it is not D fpecious turns to ferve as a varnish very difficult to anfwer it. It may to the bull. be faid, that these words, into other I take the first of these palliatives works of piety, relate principally to from the tranflation which M. de la the vows, but they may likewife be Chapelle has given us of it. Would relative to the promifes fupported by you have believed, Sir, that the rean oath. Every one knows, that an porter of the bull fhould be the very oath is an act of religion, a branch E perfon to furnish wherewithal to of adoration, a manner of invoking inake its apology? In the mean time the name of God. There is there- the fcandal almost entirely difappears fore no reason to be furprifed at the in his verfion. "We grant by thele bull's ranging it among the works or prefents, (he makes the pope fay) the acts of piety. The popes have that the confeffor of the king and even a great intereft in putting the the queen may commute into other oaths always in that clais. It is by works of piety, the vows already looking on them in this light that made, or to be made, except only they have drawn to themfelves the the vows of beyond fea, of vifiting cognizance of thofe cafes. the churches of the bleffed Peter and Paul, of chastity, and of continence, as well as the oaths by them taken or to be taken for the future, which they cannot conveniently keep.".

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Here is a remark of M. Barbeirac's proper to confirm what I have advanced.. 66 The chriftian princes, fays he, often charged the bishops G with the cognizance of the validity of oaths, and with the difpenfation of those which they should find null.

Pray obferve, that in this manner of tranflating, the oaths are ranged among the cafes excepted out of the

Barbeirac upon Puffendorff, p. 483.

168 The BULL fhewn in its true Colours.

difpenfation. The tranflator has ob-
ferved in it the fame regimen, and
has diftinguished those two articles
by a fingle comma. See how M.
de la Chapelle makes the pope fay
quite the contrary to what he ex-
preffed in his brief. If you confult A
the original, you will fee with the
firft caft of the eye, that the oaths
are plainly included in the dispensa-
tion, and not in the exceptions or
the referved cafes.

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difpenfation itself, unless you will fay, that it takes away with one hand what it has given with the other. This then is, probably, what the holy father meant: Perceiving how odious the violation of a treaty backed by an oath would appear, and that upon fo flight a pretence as that of the bare inconveniency which the king might fuffer by it, he acquaints the confessor, that he is to take good heed to impose on the king, in those Another more fpecious argument cafes, good works really pleafing to in favour of the bull, and which has B God, for inftance, alms large enough also flipped you, is, that this difpen- to make a kind of compenfation, fation feems to be conditional, and according to Daniel's exhortation to to have a limitation which falves all. Nebuchadnezzar, Redeem thy fins The king's confeffor is to make use by alms. Now for a fin of the naof it only conformable to the will ture of perjury, there requires givof God, and only fo far as it fhall ing abundantly to the poor. have nothing contrary to the falva- C tion of the king and queen. Indulgemus, ut confessor valeat commutare vota- nec non juramenta—in alia opera pietatis, prout fecundum Deum,

animarum faluti viderit convenire. This corrective feems fufficient for us not to be any longer warranted to fay, that the bull furnishes the kings of France with a moft eafy expedient to violate the faith of treaties. A wife confeffor, who fhall be attentive to these last words, will not abfolve the king from his oath without great precautions. When he fhall confult the will of God and the interefts of the princes falvation, he cannot abuse the power which is put into his hands.

When I had found out this explication, I flattered myself with having hit the mark. In the conversation which I had with my abbé, which I have mentioned to you already, I did not fail to communicate my conjecture to him, and even with a fort Dof confidence. But he fell a laughing, and answered me, that if I had been better acquainted with the forms of the Roman chancery, I should not have put myself to the expence of fixing precife ideas to thofe expreffions. They are merely phrases of ftile, faid he to me, and which ought not to be infifted on.

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See, Sir, whether I do not furnifh means of defence, which are at leaft as good as yours, I mean as dazzling; for as for folidity, they have no more than the foregoing. Weigh well the terms of the bull, and you will fee that this limitation, which at first fight feems fo fpecious, falls only upon the choice of the works of piety which the confeffor & fhall impofe upon the prince, to compenfate for the vows and the oaths, from which he fhall abfolve him. This restriction cannot regard the

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When I had gotten this key, I no longer puzzled myfelf about those little forms. I left the out-works to come to he body of the place. I afked him how he understood this difpenfation from the oaths which might a little incommode the king? He frankly owned to me that it was an inexplicable enigma to him, and that he did not comprehend it. I might have answered him, that the bull did not fin in obfcurity, that, on the contrary, its fault was having spoken too plain.

I believe, Sir, that thus it is that you judge of it now, and that after the little difcuffion in which you have

engaged

17517

A true Copy of the BULL

169

engaged me, it appears evident to of France had bound themselves by you, that the bull excufes the kings indiffoluble knots, did not ftand to of France from keeping their oaths untie them by little and little. It when they find them a little incon- does not appear that, to difengage venient, and that by the help of a thofe princes, he made ufe of St. little equivalent in works of piety, Peter's keys; but luckily calling to they may infringe them in furety A mind, that the fucceffors of that of confcience. This pope believed chief of the apostles are alfo furnishthat he gratified king John by thus ed with two words, he drew one making perjury fmooth to him. of them, and cut at once the Gordian knot. I am, &c.

C

M. Barbeirac, in his notes upon Puffendorff, has quoted a fine paffage from Libanius, which explains how men may fometimes come to abandon B themselves to perjury. His thought is, that there is but a fmall number of them who commit this crime out of a principle of impiety. The greatest number reckon upon the infinite mercy of God, which they flatter themselves will be extended even to perjurers. There are some men,who feeing their affairs defperate, and that they have but one fingle expedient left to bring themselves out of trouble, venture an oath. They raise to themfelves an illufion thereupon, and flatter themfelves that by facrifices, vows and offerings they may obtain from heaven the pardon of this falfe oath. After all, the punishment for perjury is a diftant evil, and the diforder of their affairs is an evil which requires an immediate remedy. If this heathen orator could have feen the bull of Clement VI. what would he have faid of this eafy manner of commuting oaths, when they are never fo little inconvenient?

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Here follows an entire copy of this remarkable Bull, as mentioned in the preceding letter.

A BRIEF from Pope CLEMENT VI. in Favour of JOHN King of France, and Queen JOAN.

CLEM

Quod Confeffor poteft mutare Vota, & Juramenta eorum. LEMENS Epifcopus, fervus fervorum Dei, cariffimis in Chrifto filis, Joanni Regi & Joanne Regina Francia illuftribus, Salutem & apoftolicam benedictionem. Votis veftris libenter annuimus, iis præcipuè per quæ, ficut piè defideratis, pacem, & falutem anima, Deo propitio, confequi valeatis. Hinc eft quòd nos veftris fupplicationibus inclinati, vobis

fuccefforibus veftris, regibus & re ginis Franciæ, qui pro tempore fuerint ac veftrum eorum cuilibet, auctoritate apoftolica, tenore præfentium, in perpetuum indulgemus, ut confeffor religiofus, vel fecularis, quem veftrum & eorum quilibet duxerit eligendum, vota per vos forfitan jam emiffa, ac per vos & fucceffores veftros in pofterum emittenda, ultramarino, ac beatorum Petri & Pauli apoftolorum, ac caftitatis & continentie votis duntaxat exceptis; nec non juramenta per vos præfita, & per vos & eos praz ftanda in pofterum, que vos & illi fervare commodè non poffetis, vobis & eis commutare valeat in alia opera pietaris, prout fecundum Deum, & animarum veftrarum, eorum faluti viderit expedire. Nulli ergo omnino homixum liceat hanc paginam noftra Y cons Barbeirae ugon Pufendorf, p. 482,

Among the antient Romans, the pontiffs had fometimes a right to abfolve vows, and to take cognizance of oaths. In certain cafes they believed that they might commute them, and fettle the value of them. But they were generally timorous perfons, whom the leaft fcruple ftopped. Their fucceffors have known how to decide thefe fort of questions more boldly, witnefs our Clement. This cunning man, in cafe the kings April, 1751.

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170
conceffionis infringere, vel ei aufu te-
merario contraire. Si quis autem hoc
attentare præfumpferit, indignationem
omnipotentis Dei, & beatorum Petri
& Pauli apoftolorum ejus, fe noverit
incurfurum.

PETITION of the SPIRITS.

Datum Avinioni XII. calend.
Maji, anno none.

From the London Gazetteer.

To the Right Worshipful FOOL of

Great Britain.

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of this land deal fairly and fafely with them; but at the fame time they make bold to remonftrate, that they ought not to have harder meafure than fome of their relations of lefs fiery qualities, who have nothing A elfe to urge in their behalf, but that they difpatch those who abuse them only in about half the time that your petitioners do it.

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may be pleaded to justify an indictment or prefentment against your petitioners, the blame of all the mifchiefs faid to be occafioned C by them, ought to be laid at the door of the weak or evil minded wretches that abuse them; for notwithstanding they are of a very fharp, petulant conftitution, yet they never injure any but fuch as try their temper too often, or provoke them D beyond measure.

exceeding detrimental to civil fociety, That drunkenness being a crime fpect of perfons, or regard to the it ought to be punished, without reliquor wherewith a man intoxicates himself.

That the ftate fuffers more prejudice from the intemperance of m-g-s, -n-s, p-y crs, ad-s, g-ls, and others in publick ftations, than from the drunkenness of coblers, porters, car-men, &c. and if fo, then it is good logick to conclude, that wine ought to be prohibited rather than geneva, &c.

That the abufe of any thing is no argument for its being prohibited or loaded with high duties, otherwise it would be requifite to lay a heavy tax on beef, plumb pudding, cuftard, and ragoo's, becaufe many great and middling folks fhorten their days by cramming themfelves too much therewith, as all honeft eminent physicians E can atteft and demonftrate.

That tho' multitudes of the lower clafs of people, befides too many of a better rank, have been guilty of great mifdemeanors, both with regard to themselves and their neighbours, for want of being fufficiently upon their guard against your petitioners; yet fuch evils ought no more to be charged to their account, who are but paffive inftruments or ingredients, than the fword of a man who kills his fellow creature for a point of honour, ought to be in- F dicted for murder, or the rope which puts an end to the troubles of him that hangs himself in a fit of melancholy or despair.

That your petitioners humbly apprehend there is a plot hatching against them, the true nature and G full extent of which they are not yet informed of. They acknowledge it very neceffary that fome methods fhould be taken to make the people

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1751.

STORY of CLEORA. Wherefore your petitioners hum. bly beg your worship to take the premifes into your ferious confideration, and draw fuch confequences therefrom, as in your great wisdom you fhall judge proper.

And your petitioners, as in duty A bound, will ever pray, &c.

The FOLLY of Perfons priding themfelves upon their noble Defcent, without Means to fupport it: In the Story of CLEORA.

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171

lihood, either by binding myself to
fome genteel bufinefs, or by ferving
fome lady as her maid, fhe as often
flew in a paffion, and told me, there
had not been a trade in her family
for thefe 200 years, and fhe had
rather fee me ftarve than go to fervice.
I thought this an odd way of reason-
ing; for, proud as the feemed to be,
fhe was mean enough to folicit, and
accept of private charities, her an-
nuity being but 151. a year. She
had a part of a houfe to herself;
her parlour was elegantly furnished,
her buffet adorned with feveral pieces
of old family plate; and, I verily
believe, fhe would rather have wanted
bread (which, by the bye, the very of-
ten did) than have fold a tea-fpoon that
had the family arms upon it. But,
alas! how different was that part of
her furniture which was out of fight!
For while her parlour looked like
that of a princefs, her bedchamber
refembled that of a beggar. Her
whole converfation was the genea-
logy of her family; and all her
thoughts feemed to be taken upin
confidering how the fhould conceal
her poverty, and at the fame time
convince the world he was nobly
born. In this fplendid diflrefs I spent
a twelvemonth, and heartily tired [
was of my fituation. For my aunt,
tho' fhe had too much pride to let
me ferve any body else, suffered me,
nay, often obliged me to do things,
which the loweft maid-servants think
beneath them. And while the kind-
ly entertained me on charity, as fhe
called it, the frequently made ufe of
my living with her, as an argument
to procure bounties from her friends.
This I could not bear, and was re-
folved to leave her at any rate; but
in endeavouring to avoid this poor,
proud, mean, well-born lady, I nar-
rowly escaped an evil of a more
dreadful nature; for as I was young,
not ugly, and evidently in diftrels,
a gentleman that lodged oppofite to
us, having, as I afterwards found,
fixed on me as a prey, took an op-
Y 2
portunity,

WAS the only daughter of a half- B pay captain; my father was of the younger branch of a very poor noble family, and my mother a diftant relation before marriage, but had no fortune. As I was their only child, they fpared no coft on my education; and if my circumftances C were to have been judged by the manner in which I was brought up, no one would have imagined but that I was to have had 5000l. at least, to my portion; but instead of this, I had not the leaft profpect of a fixpenny piece from any relation or D friend whatever. My poor father ufed often to comfort himself with faying, that as his Cleora was nobly born, he was refolved fhe fhould have an education fuitable to her birth. But, alas! when I was about 22, in one month I loft both E father and mother, and had nothing to fupport me but my genteel education, and nothing to boaft of but the nobility of my parentage. I was now at a great lofs what to do; for as I was bred to no trade, nor innured to any fervice, I feemed to be excluded from the two only means to get my bread. While I was revolving this in my mind, a maiden aunt of mine, by my father's fide, who had for many years been ftarving genteely on a small annuity, invited me to her house. She was one of those people who cloath and feed themfelves with the thoughts of their nobility And as I frequently exprefs'd my defire of getting my live.

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