User:BobSmith/The Catholic Question in America

[Category:Christianity][Category:1813 works]]

PREFACE
The general satisfaction given to every religious d. nomination, by the decision of tl1is interesting question, is well calculateed as Counsel for the several Defendants. Among the witnesses returned OIl the back of the in. dictment was the Ilevet'en(l Anthony Kohlmann, who being called and sworn, was asked some questiollb touching the l'estitution of the good . He in a very be..

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. 91Uiug mannel" el1tretlte(} that he lnigl1t be excu f"d, ant) Qfterc(l his reasons to HIP Court, which are here cmiHid to a,-oirl repetition, hut will he found at length in the

equcl. 1\11'. (-tcOl.ge 1rl1son ohjecte(l also on 1Jcllalf of his clients. The case was noyel and without prec('.h'nt, 3nd l\Ir. Sampson, as amicu8 curiæ, interposed, and observed that in no countr

where he hall been, whether Protestant 01' Catl101ic, not e' en in Ireland, where the ROlnan Catholic religion was undßl the ban of proscrip- tion, hatl he cver heard of au instance where the dergy. luall WRS called UpOll to reveal the SOl lllll and inviolable "errecy of sacl'amental cOllfes iou, atHl with the readJ assent of lr. Riker, (}btained an adjournment of the trial until Counsel could be h arcl in deliberate argu- Jnrut. A juror was thereupon" itlulrawn aI){l the fol- lowin -'lon(lay ,'as assigned for hearing the argument. From various intervening circumstances the cause was deferl'e(l tin the June session. In the interval, bJ a change of office 1\11'. IIoffman suceee(led to l\Ir. Van. w .ck as Itecorder, nlld r... (-tanlillie1' to 1\11'. Riker as. Dish'iet A.ttorneJ' On 'ruesday" June 8, the traversers were put to tbr- bal', and the following jury sworu Fl'e(lerick Everts, 'Villiam Rhinclan<1, Samuel Ferguson, Elijah Secor, \Yil1iam 'Valker, Jacob Scheffelin, Robclt Proyost, Joseph IUackwell, 13enjamia StJ1es, \\-riJIiam Painter..

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The (ozu1, It'as 1WW compo8ecl oj' The HOllOl'aLlc De 'Vitt Clinton, .Jlayor. 'The Hunorable Josiah Ogden Hoffman, Reconlej', ('\\Tho, on account of the importance of the case, took his scat upon the Hench.) Isaac s. nou lass, E S '.. lid RI '  l al I Utili <-. I. 1 S q rs. lUlU!!:., ermen. c it '( Illnguam, CJ Mr. Kohlman was then called and sworn, and ex.. - amined by l\h'. Gardinier. lIe begged leayc of the Court 10 state his }'easons for declining to answer, which he di(lill the following terms: " I must brg to he ilUlul3e11 in rrpeating to the Court the reasons "hich IU'eyent me fl'om giving ny answer to the question just!u.oIJoscd; trusting they are such a to prevail upon the Court to (lispense with my al)pearing as an eyidencc in the present case. " 'Vere I summoned to give eyidence a a prh-ate in- dividual (in whi{'h capacity I declal'e most solemnl.)-, I know nothing relatively to the case before the court) and to testify from those or(linary sources of information fl'.Om which the witllrsses present bave derived theirs, I should not for a moment hesitate, and should even de{'m it a duty of conscience to declare ,,,-lutte\'er kllow]pdge I might han' = as, it cannot but be in the recollection of this same houmoaLle Coul't, I did, not long since, on a dif- ferent occasion, because lll) holy religion teaches and commands mc to be subject to the higher powers in civil matters, and to respect and obey them. * Hut if called

'I} See St. Iat. c. 22-v. _1. ,. Render, thcr fore, to Cresar the things that are Cæsar's, and to God the things that are God"s."

t. Paul to the Roman . CO" l3-v. 1. 2. 'i Let every 80ul be!ub--

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-UPOll to testif . in quality of a mini!o'ter of a sacrament, in which m - God himself has enjoined on me a perprtual mHI inviolable see.I'eey, I l1ìUSt declare to this honorable eourt, that I cannot, I must not answer any question that has a bearing upon the restitution in question; and that it would he lUY dut . tû prefer iu"tantaneons (1e:1tl1 or any temporal mhfol'tune, rather th:ll1 discìose the nallH' of the penitent in qurstiun. }'Gr, were I to act utlwrwise, I! hould become 8. traitor to m ' church, to IUY aere(l miniHtl'Y u}(l to my God. In fine, I shoulù reru!cr UlJ. Eclf guilty of eternal damlu!.tion. "IJest t]lis open uncI fl'ce declaration of my re.. ligious Iniucil]les should I)C construeù into the slightest disrespect to thi honorable Cùurt, I must beg leave again to be indulged in stating as brieflJ as pO'3sible, the l}rinci;}les 011 which tllis line uf conduct is Ïounded. I

h3.n du this with the greater confidence, as laIn sl)cak- ,. in.; before wise and enliglItenctl judges, ,yllO, I am satis.. ficd, are not less aCfllwÏlhcd with the Ip Hling doctriups. of the Catholic Church, than with the spirit of our mild antllil}eral Constitution. .. 'rhe question IlO'V before the Court is this: "7l}ether a Raman Catholic Priest can in any case be justifiable in reyealing the secrets of sacramental confession? I

a ', he cannot: the reason whereof Jnust be obyious to c,rery one acquainte(l with the tenets of the Catholic

jeet to l1igller po" ers: fQf there is no po" er but from God:
 * llld OlOse tl1:\1 are, are ordained of l

oll: amI tbey that resist, purchase to themsehes damnation." i l)eter, c. 2-v. 1P,. 14. " Be Je subject, therefore, to e\-ery human creature, for God's sake:, het her it be to the King. as excelling; or to Governors, a sent by him for the punisbment or c\'il dO fi. and frlasting punishment in the life to comc. " IIavin;; thus hriefl . t:ltpd to this hOlloral)le Court, ]n - reasons fur not answering the que tin8 or the \.ttor- ney General, in the 1l1'C'sent iu;o;;tancr, I trust they will not he found trivial and unsatisfacLOloJ-'"

.:\1r. Gardinier, then put somc lea(ling quc-stions to thc witnes, amongst others, whether he eYel had the goods in his possession. 130th the )Iayor and Rec01'(I- er stopPC(} the examination, sa ing that the law either allowed him thc exemption íJß c ìai metl or it did uot_ hut the Court \\-ould not IJcrmit thftt pti,-ilrge to he frittere(l awa

, 110r a (liscover r to be extorted by ill<:' Tria).. "l1- . Fo,.

.uj

lj pOll tht" LOl"cllIi;h SteVt ad (the Earl vi' ßathul' t then J,,'H'd Chanccllor) statill'; the (luesHon proposecl, Lord ..\Iansfield ol)ser\'cd, "I snppo e )J1'. Hawkins " means to demur to the question upon HlC gl'otnHl,that it " came to his knowlrd;c sume way fl'om his lJc!np; t'l1l- ,. ployecl as a SIil'seOll rut" one or both of Hu' parties; I ,. take it for gl'antcd if ){r. [lawkins ulldel'stiHH.!S that .i.l " i,

our Lordships opinion that h(' has llO pl'l\"Île (' on ,.. thaL account to excuse himself Ù'mil giving the ans" er, " that then, undrr the authority of Jour Lonllõìhips jlld;- ,; ment, be will submit to answer it: thereforc, to save ,

our Lordships the trouhle uf au adjournment, if no ,; Lord differs in opinion, but thinks that a surgeon has "no privilege to a\"oid gidng cvidence in a court of ,; justice; but is hound by the Jaws of the land to " do it; (if any of your lorJship'3 think he has such a í: prÍ\-ilege" it ,vill be luatter to be ùeb:Üed elsewhcre, i. but) if all Jour Lòrdships acquiesce, \Ir. Jlawkin ,; will undpl"stalld, that it is your judgment an(1 opiniou: ,: that a surgeon has no privilege, "here it is a l(Üerial i, question in a civil or a erimin l cause, to kuow ,rJ1Cth.- " er the parties were married, or ,yhether a child was " born, to sa:r, that his introduction to the parties "as (( in the course of his profes ion, and in that way he " came to the knowledge of it. I take it for g 'ant{'d, " that if )11'. Hawkins ululershuuls that, it is a satisfae- " tion to hilll and a clear justification to all the world. ,: If a surgeon ,va'3 voluntarily to reyeal these secrets, to' to be sure he wouhl lJe guilty of a breach of honor, ä and of gl"eat indiscretion; but, to give that information Ù in a court of justice, "hich bJ the law of the laml he "; is honn(1 to (10, will ueyer he imp'll-cd. to him a RUY

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"imliscrctioll wllàtever " The ql1rstio was tbeu 1mt and answered.* Upon this single decision, made'oll the spur of the occasion-withont discussion, has the whole botly of }pgal authoritJ, on that point, been erected. If ho,vev{'r, the pl'iueiple in the ca e referrc(l to, be irue, it by no means follows that a clerg 'man is bound to ren

l ..dlat a penitent hath confessed to him in the exercise of a religious rite. '1"hc one is uneler no re- slraint but tlIat which is imposed by the sentiments of honor-the other lllay he conb'olle<<1 of (if any he hall) arose from a " confidential communication made to him in the exercise ,. of his clerical functions, :uul which the priuciplcs of ,,; his religion furbid him to llisc1ose: nor was he bound " by the law of the land t.o answer," ".Jlaster of the Rolls (Sir .!Jliclwel Smith hart.) " thought there ,va" no difficulty in the case, though it " hatll"lUl into a great lengt.h of dis ussiou, which he iu- " dulged as being Juost likely to give satisfaction upon a ,- question which secmcll to inyulve something uf a pub- (, lie feeling. llut he was bound to oyerrulc thr dc- "murrer. It wa the ulldouhte(l legal constitutional " ri ht of every subject of HiP realm, "ho ha.., a CRUSt' " clrpending., to call ul)OU a fellow subject, to testify " what he may know of tile mattf'rs in issue; Rn(l {'very " man is bound to make the (liscovery unless sperially " exempted antI protected by la,v. It was canllidly a(l- " mitted that no special exemption could be shewn in " the present instance, antl analogous cases rrn{l priuci. t, pIes alone Y ,-ere relictI upon: and, there WRS no II (loubt, that analogou!5 cases and principles were sur..

ft1

'\I.

.. ficient fur judicial tlelrrminatioll. Rut the pl'incipl

, must he clear 's light, and the analng)- Ïl'l"csistibly "strong. "rhat c1earnc s of principle and strength of " analogJ llilinot appear in this ca:,e nl(1 demurrers of (/; this nature l}eing held stl'ictl - he was oLli;;ed to ove1'- " rule it."* He cited a case which is evillently inap- plicable to tl e olle before hi-me t Cpon this a(ljlldi atiun of the .1Iaste) of the Rolls: [ lleell on1r to observe, that it is unsupported by the au- thorit T tü which Le refers. It is a decision of a singlt} magistrate. It is luade in a coun}r y more remarkable for nothing, than the religious intolerance and big- gotryof its laws. Precedents in such a couutrJ, aIul in such cases ought to be admittel1, by us, with the nlost scrupulous caution; antI finan -, the fact cnquired in- to of )11'. G-ah:\u, llad not been cümmunicatclI to hiJll in the administration of a sacrament of his Church, whicb in its nature is to be kept inviolably srcrct. I can see no reason to couceal, nor in OHI' counh'y ,,'ould any Catholic. Cler Ynwn conceal. the fad that nn .\mel'ican <.--.1. ., citizen h Hlllied in the Catholic faith. Ir. f ahan may have supposed, that it was his (luf -, as a pious nIall, to refuse to (lisclose, where the disclosure would defeat a per {}n s "-ill, aud work a f13grr..nt injustice, ae;; it obYÍ- ousl i would ha '(' done in that case. It ma T no" be dCllHuulec.l, ,yhcthel" the two decisions to which I have rcferred-the latter hefol'f' the .JlastcT of the Rulls-t1w. former impeacJlf'tl by the _LortZ Chief Justice of Euglalld, ,\ ouIt! be Lintlin;.. eYCll in G-reat

.

'*' 1 1'Nany ..?:J h '2.;j. t Vailla!lt:' y. DodclUead .\tk. :;21.

tBritain. The

clearl ' would not be binding. 'rlU'y have not the force of authol'itj"". 'Vhoever has read their books of reports, knows, that the English jmlses do not feel themselves concJudetl by decisiuns much more so- lemn and imposjng tItan tùose. It may not be uapt, or time mispent, to recur to a few cases to shew tlw Court, the lihrrtie"i which l

nglish. jlHlges have taken "\\ ith each other, and how casily they o,-erturn the law, which they thrmsclves, after gl'aye ad lisement ha, e establisbed! 'rhey rannot expect that ,ve shouh1 shew them more deference or courtesy, than they shew to th mse lvcs. In a canse before I ofl1 :\!:lllsficl(l* a rule of law was urged. His I Ol'dship said, ""rim la,v was certainly " understom1 to be so, and there arc an, luuldred ca::H:3 so determined," hut they struck him as "absurd and wrong,.' and he overturned them. I urtl KenJon was pleased to say, "I think Hml decision did him on>at honor."t _.\11(1 \\ e shortly afterwards Jiml Lord Kenyon prac.. tising the cxaml)le "hich had been set him, and adual- 1 - overturning a deci.,ion of Lord l\Iallsficld. The opinion of that great man, formed after fun arf;ument, alul sanctioned by the concurrellLe of all the other judg- es of the Court of King.s Bench, yielded to the influ- ence of Lord Ken Jon. In tllis country, we have, in tIwt instance, perseveretl in maintaining the law as et- tIed by I or(l )fansfieltl.

,. Harri Ol" v. ßeecles, cited Term Rep. 688. t Ibid. 3 Term. 6S9. (,,3.S(\ of 'Yalbu-, Y. Sh lIy, 1 Term Rep. '290, is oV<'fruled.
 * Jourc1aine, v. i..asltbrook. '7' Term Rep. 601. Tn \\ hicl1 tlu'

< Blark. Com. 343. t Art of Parlia.ment 6 l\Iay 1661 d b:r1.
 * Passed 1 }4'e-b. 1 )-ear ot"'Y m.

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1 hat he had not taken the sacr mcut iu ihe ch U'ch of England" ithin one year preceding the time of hi.., sup- l)o ed election, nOlO eyer in his wholo life; autI th:tt 11('. could not in con cience take it. It was concetled on an Jla.nds, that if he took upon himsrlf the office, ''rithout haying prexiously recehell the acrament accol"clin o - ü law, he was ptHllshablc. Though it was olJYious to eYcr ' ingenum

mind Hml 1\11'. Evans was, by necessary implication, \\ ithi.:J the. spirit Lt.nd proteded by the true meaning of tÌIe tolera- tion act, 'et, judgmrnt for the penalty was rcndered a- gainst him in the shcrin's court: and aftc:nyards affirm cd by the COul't of I{u tingi; in the cit r of London. To the honor howe,'er, of the houl3c of Lords this af- firmance' was revcl' rd 'nemine C01lh"udicente, noh, ith- standing the. opinion of .]Il . Bnron Pe'n"ot. *" The observations uf l"ord Iansfìehl upon t]JÌs case, before the British Prrrs, are too fine to be omitted 1,Q- jne. IIc exposed, in a masterìy manner, that ullcandid -Jesuitical-sophisticated attcmpt to defeat the tolera- tion act. .L\.nd here let me observe-that our constitu- tion is our gl"Cat toleration act, matle by tIle people thrm- s lvcs, in their sovercign capacity; and as the cUll in- "tended to be secured ,Yas 1 ligious tole1 atioll, every thing, es ential to that end, not leading to licentious- ness, nor to practices inron istellt with the pcace or safc- ly of the state, is by necessaQ9 implication guaranteed by iJJe constitution.

· 3 Drown Pari. ea!. 4(.J. 81 yoJ. jcurn. Hon5c of I ordi p.

õ8, 470, 4i .

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'\lH 1J. sa:,-:; I.Am'(1 )IansÍÌeld in tlJC case of 1\11- E\-aIl" tlu Jesl its in }1"ran e meditated the uppression, anti the (listl'uction orthe prùtestants ,.. there was no oc- ., CasiOll to revoke the edict of X antz ; the J esuits '- nee(l- ., eel onl T to han atÌvisrd a l)lau similar to what is COll- _ " tended for in the present case. Iake a law to rel1- .. der them incapable of office; make another to puui'ih " them for not serving. If they accept, punish them; .. if they reîl1se punish thenl; if they say yes punish
 * . them; if they say no, pnnish them. l\Iy Lords this

.., is a most exquisite dilemma, fronl which there is no .., escaping; it is a trap a man cannot get out f; it is ... as bltd persecution as that of Procrustes. If they are " too short, stretch them; if the " are too long, lop them. II' Small wcuhl hfixe been their consolation to hayc been " gl'a yel T tolll-the edict of X alltz is kept inviolable; .: you have the full benefit of that act of toleration, .ou
 * . ma

' take the sacrament in your own ,yay ,vith im-

iou@ order has heen traduced both by ill informed Catholi s and Protestants. The Jesuits ha,-e bet'n proscribed throughout all I 1JI'oi)e, t'xrcpt in RlI
 * Thi:; rc1i

ia. It would be doil'lg the bi;hest iujustice to the {T Ditect :States of Amcrie3, to allow it to go a.b.-oatl to the world that t11e - haTe l\arti il)ated in.. he abuse \\ hich has been heaped upon th Lt ordcr. It cannot be douLÍl d by any intel- ligent or welt informed man. that polic)" amI I)r jDdil'e, have cOJlspi. red more than auy thin else. to pour( ' J- that learned bodJ ill an odiO(!s lig;ht. and to hold them forth as filithless-desi ninoo and suLth'. 'The f:.trt is, that nf. class of men have manife;ted reat-

e

al for the. Christia.n religiou-uone ha,-e taken morc pains to diffuse its beuetit8 to mankind-none ha,-e laboured more to carry

t to the distant regions of the carth than the Jesuits. In lea.rn- 1l1g they have bcen surpassed by none.-"- e beg leave to ref

' thf' reader to a note on this ubje{>t in the "pprndix.

óO

"\' pnl1itj : you arc not compcllcrl to go to UUl:, . '" <19 .. this case hut told in the citJ of Lonùon as of a pro- ,. ceecling :n li"rallce, ]lOW woul.l they exclaim against ,. the Jesuitical ':.li5ltinction! autl J et in trl th it comc " from thcm ehes : the Jesuits uc\'er thought of it;- ,. when the

meant to I>er e ute, their ac.t of toleration" ., the Ctlid of X antz. was rcpealcd."* Apply this to the case now before the eoart. 'V'c tell the Catholics- -es, JOu hall have the full uenefit of the eon:ootitution ; -ou shall }wxe the "free exerdsc loa and enjo -mcnt of religious profession antI worsIlip ;" yoa shall lw.yc J.our scycn sacraments; JTour Priest s laH frcdr administer the sacralnent of penance; :YOll shall all cnjo

the consoìation of auricular eOllfessioll; and n ""C know th3.t TOU1' Pl'iest cannot according to his rcli;;ious faith, revc ] to :lny pet"son in the world, "h.lt p o..:scs in confessIon ;-we will not c.ompcl billl- we will only con ign him to prison, anlI pera.lv('utnrr supel'adtl a fine which he c.a.n ncv(,l" 1)3. P :-31', if rout" Priest shoulll violate the sell of confcs!Sion, an(l rcveal ,,'h3-t the penitent hath disclosC(l-far he it from us to violate the constitution: the penitent shall floeely enjoy .,; hi religious professioll :uHI worsbip:'-He has the full hClwfit of it. We only shnt hinl up in. the State

". See Lortl Jansfie}d's opinion 11 'Y01. Gentlemans :\lagazinc 6J, X. B. The :Edict of Xantz, Wa in fact rcppaJed by Lewis the 14th. am11lot hv the .Tesuitjij.-lt conltl not be rt'pt'aled by that orfler. " hct! er the reyocation of the :E,liet of Nantz pro- ceeded from a spirit pf lll'rsecution on the lJaït of the French gov- ernment, or fmm a necessity of securing the throne tlgainst the iUl'L'í'..aut attemps made by the Hugenots, to .subyert it, is a po.ï nt of hi..lorjcal fact that rannot he ri!-Çhtly clel'ldcd hut by pCfl1!i lD g the his Grin.lls of. both IHlrties of that time.

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rison, 01" otherwl {' puui h him accoì'tlillg 10 b;w, i there, in the rrpublic. a man wiw does not see in thi the mo.;;t scandalous sopllisll.Y? Is there. on ear!h, a Ulan "Ito would not ah hor it ? The dec.ision of the Peers in the C2se of the disscnter is imporlallt as a rule of construction. '.fhc toleration bill "left the dissenters to act as their ronseicnc('s shan " diL"cct tJlPm, in lll(Ltlel s G.Î J"-d ig-ious 1C'oJ ship."* It -5ecurc(1 nothing morc. Yet the Lords rightly held, that b T nccrssary iml]lication, it exlended to the exemption claimr(l b - 1\lr, Evans. O ir constitution is lunch more brmlll :nul explicit. 'rhe object was to secure, "to all ,. mankind th frec exercise an(l enjo -ment of religious " profession and worship, without di tin tion or pre..: " fercnce:- Every thins essential to that ohject, is by Dccess:try implication, secured by the constitution; Ull- Jcss it leads to act8 of Jicentiousness, cr to practi..{' in- eonsi tcnt \yith the peace or safetJT of the State.. "c have no tRtlltorg l'ef ub.tion upon the subject no'.... under consillcration, mul the principles of the COnl- mon luu' are ac urately anl} strongly laid do,,-n by Lord )Iansfiehl. His -words are these, " J[!I LO) ds, thel"e ...; }U!L.eJ lcas (t . illgle ill. tan("e, .f}J01n the S(& lYJn tiHle " tlolt'n to CI0' Oli"n, i,t u:hidl a limn lL'[ES ez:el ]1uuidle(l ,. for Cl'l'OJH?Oi!S opin-ions concerning 1 ites 01" nwcles qf ., it'01 sliÎp, but upon some POSITIVE L.\ ,v." Thus it is clear, in evel'Y possib1e view which \ye ha,'r... taken of ihe qu(\stiou, that the exemption claimccl hJ Dr. Kohlmann, is fuBy suppol'tclll}y the enacting clallst' qf the COllstitution. It only rcmain to be seen, whp

1# 4: llhw. ('om. 3-1-

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th('!" t11Îs l'ight be impaircd b - the l'J 1 or isù in the Cun ti. tu on. 'I"he words are, "Proyided, that thc lihcrt ,. of COll- ,: sciencc hcreb " rantcd. llall not be' so construed, a" '" to excusc acts of licentiou!"nes, or jlHìtify practices ,. inconsistent with tllc l)cace or safetJ- of this State." No,,', unless it can he shpwn, that anricul'lr confession tends to the excusr of 1icentiousnc!Öìs, or justilies practices incon istrnt. with flIP peace or safe!:r of the State, WI' c.mnot he aifech'd Ly the proviso. ] ut let us see how it stand . Docs auricular cou- fcssion excuse acts of liccntioUl nc s? If the Catho1ic held that the confessor could uncon(litiuJ1allJ f{Jrgin lo ever r, or an T sin, which might be committed; 01' if t1wy held that he could forgive llpon condition. ih.Lt they cúìl- .fcssed sllch sin; a sinner, on such tcrms, 1111ght ;u un and reprat his sins at pleflsul" ht Iw
 * ami the}) it mi

aid, that am'icul:n' confession is "ithin the pro\' i o of t he constitution. :But from :l book* that contains the Catho1ic crred on this point, amI w11irlt nlY Rcy. c1ient h s put into my hauds, I find tile fact to bc flltog;e hcr otherwise. 'rhe Catholic holds that hiH priests cau aÌJsolve no one, bat the "t'>lLllj penitent siJlner," that he mu!;t come to them "makinp; a sincere Rllll humhl .,; confession of his sins, with a true repentnnce, aud .,; firm pnïposc of amp,ndment, and a hearty resolution ,; of tllrn n6 from 11is evil \yays; anll that ,vhosocver

'; COrIes y,ithont the due prep ration; without a re--
 * pelltailc

Îrom the boitom of his heart. and a r('a] in

.. The Council of Trent Sess, 1 J.

g .i trutîon of forsaking hi:3 sins, '1-eCeiVe3 no benefit by In-e Ie absolution; but adds sin to sin by a 1l iglt contempt of ,: God's me., C!!, alld abuse of his sac1-aments." /lccoI'dillg to om faitll,* give me leave to ask, ,vl1efher a!ò:inner, ullller such convictions aUli resolution, look- ing to, anù confiding irnplicitly in the Saviour of the ,yodel, woulll not, through the meriL of tlult Saxiour, l}c absoh-e{l from bis sins? I answer he would. It is the faith of all Protestants. It requires no observation of JnÌlle, to 8hew ibat no- thing in the Catholic creed, in this point, excuses or en- courage's licclltiousnc s. Tn thp instance before U it Ims led to a l'er,toration of the prnperty to the true OWI1- er, atilt it i known to he atteudecl in a multitude of Cfifo,eS "ith great good. The life of HEXRY the FOURTH, of :France, wus ulleloul)tedly sa,-ecl by it, though he af- terwawls fell a vÍctinl to the fanatitism of Ravillac.( 1 ) If we coul(llegalJy and constitutionally compel the cler. g

man to reyeal the name of the penitent, who would aftcr".aral tolcJ'ution of them; provided their " separation was founded only upon flifference of opi- " 1zio11, Ïll 'religion, aIltI their principles ditillot also ex- ." te1ul to a subversion of the ciril gOyerlllllcnt. If once U they could be brought to renounce the supremacy of " the Pope, they 1niglzt quietly enjoy their seven saC1'a-

, me1zts, their lJurgato1>Y, and AURICULAR COXFESSIOX; " tlleir worship of relics and images; na r. eyen thcil a ", transubstantiation. Hut while they acknowledge a "foreign 1lOwer, superior to the so' ereif;nty of nll .(., kingtlOJu, they cannot comp1.lin if the laws of that ,t }iÏngtlom will not trpat them upon tlJC footi l 0& good Ù suLjech;.

He.rc then, we ha,c t1I( cxplicit allmissiou of .1\11'. ..u ticc Dlackstollc, that auricular confession is innocent, fhat it, with n 11 Om other rites aIHl cprcmonies of the

... 4 Black. Com. ú8 ú.J., 63.

.8:;

.CaJholics, Inight be quietly enjo .e(ll) '" tbem; and hut Îr theil' llli.tinhtining the supremacy ef the Pope, he

ees no reason why the T shouhl not bc 'lL1live7"sally tole) - cited. 'Ylth regard to the supremac T of the Pope, we know that to be merel r spiritual. They consider hill! the head of the church; but pol ticallr, or as connected ,vith government, or chil society, they acknowledge no supremac T whatsoevcr in the pope. IIistory shews us, that Catholic princes have oftentimes gone to "Tar against the Pope in his character of a temporal prince. * 'The great bo(ly of the ...\.m ricau people are protest- ants. Yet our catholic brethren have nevel' hesitated to take up the sworù with us, and to stand by us ill the hour of danger. 'rhe :Father of his country-the il. lustrious conductor of the Reyolution, did not besitate in the face of the nation to do justice to their revolution- arJT scn"ices-to their good conduct as citizens-ant} to the aiel which they rendered us in the establishment of our free government. His sentiments are such as ,vere to ha.ve been expected frOin that exalted character. ,. .As m'tukind (sa ps he) become more liberal, the T will " be ß1Ol'C apt to allow" that all those ".ho conduct thenl .; selves as worthy members of the commullit r, ar h equally entitled to the protection of civil goverllmell ,. I HOPE TO SEE A IERICA A IOl\G THE FonE IOST A- c. TIOXS IY EX.A IPLE.S OF JUSTICE AXD LIBERALITY." ,- He concludes with wishing them" every temporal and

1)Ïl'itl1al felicit T. "t

.-.-.---..............- ---

· See appenl1ix. t General 'Vashin...ton's answer to the COUfJ'ratulatorv .Addres to liim by the Catholics; in!7S_9 . - - . ð. ·

6

lIaving aid {hUH luuch upon the quesiion as arlsmg out of the constitution, I shaH resign it to the very learn- ed Counsel who is associated with me; in full confi- dence that if :t douht still exi ts, it will be (lissipated by the forre of his talents. I now procee(l to a (liscu", ion of tlle second propo i- tion, that is, that the exemption claimed by Dr. Kohl- mann, is supported by tlze 1llwlL'n ]nOinciples of the com- '}jlol1luw, which will not COIDI)cl, any man, to answer a question, tllat suhjects him to n penalty or fmfeitnl'e :- impairs his ciL'il rights :-01' maJ deg1"llde, llis[jrace, or dispm.aJ:,e him. 'I'his i'i a suhj('d of tec1micallaw. I shall treat it as

uch. I think I can say, with confidence, that I have fuUr ('xa:l:inctl all tllC ulhorili('s in relation to it. I nCe(l11ot refe\' to hooks, to shew that a man is not bound to accuse ltimsclf of a crime. f}'1hat he is not-is a maxim as old as the law itself. It is cquan . clear, that h is not bouud to answer 3. fJuestion in a Court of justice, which suhjects him to a penalty 01- forfeiture.*" It lua huwever be couteu(lcd that the other LI'allches of the lU'GPositiun, whicJ) is now under con ideration arc not so dear. 1st. Is a witness hound in a court of com- mon law to impai.r his ciâl lÌ ht::i? I kno" that a doubt ba.::i latelJ b wn l'ai ed UPOll the question. I aIll aware of the case ofLorù l\Ich-ille in England, and of the decla1"(lio1 y :::tatutc which was!1asse(1 ill COllSe(!UellCe

Raynes fIui tarn. v. SIJiecr. ,. Term Rep. 17'8. 2 Fonb. Equ. 0192. f \tk. .339. Wallis, v. nuke of Portland. 8" es. Jun. 4!).

litfor41's trco.t. 15i, 168, 2.2}. hfift's Ev. 77.

37

of it. nut dIe Court win be ple s('{l to recollect th3.t the judge were (llVided anwngst them clYrs* ::LI!(l the opinion of the majorit:y is contrar

to the lallgnaf)e of the books.t In the United States the deci ions are alJ a- gainst it.t In a late ease in l)enns -lYania the principle adopted in Lord )Ieh-ine is uoticetl aud eXlllicitel

re jected. The judge sa:ring. ,. I reeollect the ea e uf ,,, Lord )Ieldile ; it ncyer recein d m T approhation, " anel as it took place since the revolution. it is of no " authority ovcr this court. It wa a decision in viola- " tion of the rights of ßlan, and in oppo.;;itinn to the laws " of nature. 1 ha,-c always overrulp(l a question that " \\"ou1<1 aft'eef a "j{ne s cil"illp. or subject him to :t ,. criminal prosecution: I haY gone fftrther mul where " the answer to the question would co,-er HIC witlleS'i ,. with infam!1 or shame, I have refused to COl11l)( l hi!!l ,. to answer it." In Great Britain it has been decided by Lonl Ken Yon!1 that a witness, uu(lrl" a subpl'Pna d'lces teCltnl, cannot he compellc(l to prmlllce a paper ,,-hidl coustitutes part of hie:: title: or woulú cxpu e IÚm to a11 action. The pl>Ìn- dplc has been rec,oguized Ly LÛ1l1 Ellrnhorûur;11 in a

". i \ 01. American L w Journ. 223 2J.

t Peakes J v. f8-t<. 2 Itaym. 1008, Ha.wkins, 'f". Perkins. f. Stra, -t06. 8 Term, 5!10. t tore, ç. 'Yetmore. Kirby 203, Starr, v, Tra.ey. 2 Root 528 Clail'bourn. v. Parish. ,y a hinnoton. 14-6, COllllor, Y. Brad)". Anthon's N. I). Cas. 7'1. Smith' E\'. 77.

Tbe case of' T. "-. Bell. ßrO\\Il"s Rep. 3';"'(ì, 1/ Miles. 'f". Da\\son. 1 f "p. Cal::. '105. _\ml see also l>ralf' f91. Swift 10'7 FOT)b. s7.

as

5 bse.queut case, ill wl1Ïch llc ObSCIT ll that it was í. a ,;.; proposition too c1enr to be doulJtcd. .'*' [Here the AttorneJ Gcncml interruptctl Il" }likcr, and stated that he did not l11r:111 to den the law, to be as the counsel h l(l contcnd d it ,vas in l;is al'gulllrllt.] It being thUB conee

d b - th{' pnh1ic Prosecutor, alul sU}1ported by reason n.lld authorit - that a luau cannot in a Court of eommOll law.. he cOH1lJcllrd to Ï\'e testi-

.1 c.J nlOl)Y which shall impair his cÍ\-il ri;hts; I han pro- c.ec(l to cxaminp the remaiuing branch of the IU"oposÌ- Hon. d. Can a witness, h - the prinriple'3 of our law be forred to clegraclr-disg,'acr. or llisJlU}'uge himself? And herc too SOIne cunfusion preyaila in Great TIri- t.ain on this point. I ]UIO,y that it ]IaS there in a few instances. been held thai a person Ï3 bound to answcr "There his ans,,'cr may reflect upon Idmself: As where a bail was nsked " Ifhc had ever stood in the pilory for peljury."t I know too that a respectable writcr on the law of evi(lcnce:t: declares tlHil a witness ,,-ho bas been c.onvictcd of an infamous crime, and has suffered the exc. cution of the judgment, may be (luestioned fi8 to the fact; aud may l,e aske(l " whethcr lIe ever was tried for, or charged with a particular offence," and is bouud to an. swer the question. I know hu\\.cver that another learn- erl writer who has treated of the same subject, and in the s:tm C3untry, lias severely questioned tile propriety of such cx.amination . an< dit. Esp. pftl't2. p.40t-404..

4JJ

Yotl1 3 HOìl074S, I confess I fcel a ,l cp interest in this cau 'c. 1 am anxiuHs th t the decision of the Court ltoulù be markc(I "ith lilwrality and wi"dolll. I ronsidt'r this a co:atesL 1)ctwccn tolf'ration and Iwrsecution. .A cOllte t ÍIn'oIv- ing the righti uf ronsciencf'. _\ great cOllstitl1tiuuu) qucstion, whid. a an .Amprican I..aw -l'r, I might, with

tr!c.t l"ight an(I pCl'ff'ct propriety have disc.tls ('d.. huh': ]wndcnt of atljudgf'd ('asl's. ro COlì1}w} the .Itf"'errll(l Pastor to anf.wer.. or to he impl'is,mctl, lìll1Ht eit1H r forc biH con ri('nc(' GI"If'ad to pr.'sc(.uiinn. I can concein of Ilothin h, m( rc hal'hmows-mürf' rruc1--or more unjust thall .;;uch a1l rrHcrlla.ti\'r. 'ro cHmpp] him to ahS\\ l"l', ngainsL h;s ..dj iuo.; faith 01' to confine hi person.. would be the lli;hC'st ,-iob.tinn ul" right that I have en r n Ïtner;s-

rl. It would cast a shad2 upon the jurj prud nce uf 6ur cOI1ì1trJ. 'The YlrtuOl1S and UH' wj e, of all nations.. ,,'ould gricyc HUlt America should have so forgotten herself, as to add to the cxaml}les of religious dc po- ti m! 1 canuot express mJ l'ollvidiuns on this important and rh'licate suhject, heUcI' than in tlJC language of th.af rnlir;hh'))('d judge \\ hose opinion I hefure fluotcd..* I. Conscience is 1I0t cOlltl'o}1ahJc by Jlllllmu la\\'H, nor " amenabJe to human trifJullal . I'Cl'st'l"ution 01' al- ,. tf'mpts to force cOllscif'lIce, willul" CI' pl'Otluce COllYic.. "tion, an(l arc onl y calculated to ulake h l)Cl'itcs, u1'- " ..\Iart -rs." "There i!i nuthiuO', certainly , more 1)nl'ea ollablc, <.') 0, (, mOl'C inconsistcnt with the rights of human llaturr,

'þ; Lonl lai1.;ficld.


 * 41

... mor.e contrary to the êl}irit atHl precepts of U1e Chli. . tiao Religion, more iniquitous mul unjust, Inore im.- .: politic tlJan PERSECUTIOX. It is against natul'al rl"'. . ligion, reveale(l religion, and soun(l policy." Thus h:'tve I closed a subject of vast interest to the parties concerned. I could have wisI1ed that my argu- lncnt had been nlorc l}erfect, an(l more persuasive. 'rIle learned counsel however W110 is a!"sociated with me "Till Jnore than supply its defects. It only remains for me to make my ackuo,,, ledgmcnts to the court for the very attentive hearing ,vbich it has been pleased to give Ine, and to express the entire coufirlence which my reverend client ieels, in the wisdom ana I the purity of those, to whf'se judgement he now checrfully submits himself.

After )Ir. Riker had finishc(l, :\11'. Rlake, who hatl come into court with the clcrgynlen au(l trustee" of the. church, rose and made a few grave and impressive obser- vations. He sahl that he had come unprepare(l to speak, anù with a determination rather to be silent. For thougb tllC question must be consitlcl'c(lof high importance to cyery Inembel' of the R0111all Catholic Church, and to him among the rest, yet l!e ,vas more willing that it sllOuld be discussed by the gentlemcn into whose hands it had fallen, and from whOln it could not fail to rßceiv every justire. He al)proved of!he view wbich:!\Ir. Ri- ker had taken of the question, an(l affirmed that as well by the principles of the common law, as by the consti. tution ; the privilege of HIe witness was secured. He animadverted upon tIle (loctrines of the ßritish, and

in Dlore on those of the Irish cmle, as respecting the Catho1ic reU ion;nfH1I;;aj(1:, R it war;: the first, '-0 he hO Pfl r

7-

It would be the la t time that Ill' SllOUld tver hear 0 such a question, being brought forwar{l in a court of jus. tice.

.1E'. Gardinier, thr District Attorney, began by saJ- jng, that, he had with great reluctance, consented to bring up the l)rescut question fOl- discussion; because it ,vas not of so much public importance tlmt the offence cbarged against tile accused (receiving stolen goods) s}lOu](l be punished, as tJmt the rqlose of a resl)ectable religious sect bould remain ululistnrbed. And he hac} therefore, UpOIl hearing of the question, given out, that ]le dlOUhl enter anile prosequi in this casc. .And shou1c1 hoxe done so, if he had not receh-ed a yery ear- nest request frmll the Roman (1atholic CJmrch, urging to bring the point now before the court to a decision_ 'rhat havin;; cOI1c1udell to do so, he hopcd that wlmt he. ha(l to say, would give offence to none. It iI-as a 'lues tion delicate and tender in its nature, aJIlI he foresaw, that it would he scarce1

possible to touch it, eyrIl argu- mentatively, without giving SOllie (l grce of pain. nut his duty now compelled him to proceed, and to cxamiuL" wbether the priests of the ]{oman Church were indeed entitled to a privilege to whit-II no oiher persons assert- ed the least pretention: that of concealing their know- ledge of matters which it concerned the public' goo(l and the public safety to have disclosed? lIe proposed to examine this (Juestion on the basis of the common la,\ aud of the con titution. Fi'rst. 'rhe common 1a\";. It is a principle of tl1:n law, that one of the primary (luties of a citizen is to t:lisclo e all his kno" ledge. conceÀ'n ng matters COfUlectml.

43

'" ith the public goO(l. On this point tbere can be no ðis1. pute. 'fhere is however au exception to this principl . _\n ßttol'neJ may not {1isclose bis clients secrets. Hui then the exception only proves the rule ; and unless th{\ counsel for the defendant can shew that, the kno,,"- ledge obtained by a priest in the course of confession, has also been established, as an exception, the general rule must prevail, aD(} the priest of course DIllst answer. lIe said the connsel for the (lefendallt had produced no case in "hich the privilege of such a priest had been 1"e- co;nized ; but that in aU the cases cited, a contrary doc. trine batl becil held. 'rite 'onnsel had indeed endeavo'l".. ed to shew that these ea es did t go the full length of expressly estahlislling the rnlc, that the In-iest should answer; with what success the court woultl decide. He shouht not press those ase, because they ";ere not ne. cessar - to Ilis argument, for the rigbt to examine this priest in this case, grew out of the general rule that eve.. ry citizen must answer; and unle s it could be shewn by somp a ljut1ge 1 case that he is privileged, it is of no use to ohject eit1Jer to the authority or argnment of the.

ases citecl. lIe sboulel not therefore (he said) follo,v the counsel t1lfough those cases; it wa enough for the pUl'jJOse of this R.rguUlent-jil>st; that under the general rule, the luiest is obligeel, in common with every ther luemher of the community to answer-secondly; that there is no case in whicb he was eyer exempted; and, thil-dlg; that the decision in one, and sh'ollg bearing of every case that ha!l been (lecided, or agitated in relation io this point, is in upport of the general rule; and in exclusion of the exception attempted te be set up agaiI\; t

44

.tt. At common l.a\\, tllc}'cfore, the pricst Jlas no In-Í\re lc c. It remains to enquire thereforc.. Secondly. Does the constitution of the slate give tbis prhilege in this case. It would notJJe disputed he said.. that tile people of the state of New - York, w re at the time of making their constitution, a Cla.isfÙm, Pl otCStll)lt People. But a\\arc of the injustice and moils of }'cligiùus intolerance, they '\o\"isely and magnanimously resulved, that not only e' c- l'J section of the great protestant church should Le equal "wÏth evrry other, but that þerl:;uns of uther rcli.:;iOlh should also be equal t Je1p.-but it "as never intended t11at any une should e\-ér JJ sl{J1eJ iOl to any olher. 'ro tolerate religious profession anfl worship is one. thing: to anow au person whateycr, to conceal luattel'S upon the kllowleflgc of which the public safety may (lepClld, is another, for ai(l he, it is palpable that tJw l)l'etrntioll here set up, is inconsistent with the safet

, mul he should say of course therefore, with the rights of society : If the priest remains silent, crime remains unpunislwd- and therefore the dilemma is this. shall the }Jricst of a particular sect, or the society which is composed of all the sects, prevail ? }Ir. Attorney then proceeded to prove that the punish- ment of crimes is essential to the public safetJ. 'That punishment cannot take place, if witnesses are excused from tcstifJTillg to their knowledge of crimes. A.nd by c<.>nseqncnce that a tenet, whicb nlakes it a religious du- ty to conceal this knowledge, thus necessary to the pub- lic' safety, however it may be iiel'iousl:y belieyed in, by .its profcssor , CO!l1es 'within the spirit of the co,..stitu.

4[;

tÎ.onal proYÎso ; which i.;; in these wOl'(h:, " Pl'oricled ,. that the liherty of conscience hereby granted, shall
 * , not be so coastruet1 :1'3 to excu.se acts of ìiccutiouSll(,SS,

,- or justif - p} actices, iucon igtellt with the peace or Sl f(!- u t!J of this st.tte. c, 'The JihertJ of conscirllce is ,gnwtpd let it bc remarked, and h - a protestant people to all oth- e}.s-hllt these cannot he eutitletl to do things, ie.collsis- tent with the peace and safety of the gl.antors. Yet if U1P priesB of the }{oman church are excused fl'om answer- ing, they al'e permitte(l to bold the safety of their hene- factors in their hands-nay they arc boun(l to di.sregartl it. A. protestant must answ('r all (luestio!l . and b)- th09(, answers IH'otect all the societ .. and lhe Roman "ith the rest. But the latter, accortliug to t1lC pretension Hèt up, i to be indulged in eUllangering a1l the rest. .A1Ul thi is caned ìiberiy of conseÌence! This, the equa1ity in religious freetlum, to which they aspire! If it were DlCre13' claime.d that theJ mif;ht be silent, wheu tbe y should hOllcstl . deem it expedient-\\"(' should up-vel' be induced to -ie ld the claim, because society can neyer acknowledge the expediency of concealin; crime. Hut the pretension far eÅceeds tl1Ïs. The T actuan

claim the libel'ty Ofullfiualified and in"\ÜolaLle subjection to si Ience! 'fhe Uberty of not bring permitted to speak- the libert - of being cumpelle(l to he ilent-and that iu ca5e, when it llia - concern the safet - of the whole state, that a disclosure hould be made. Can societJ" endan. gel' i!s afety, h

Can it be Buppose(l that the repreEentath-es of a protestant people. intented to be so ver)- tolcrating. as to deny to RomUí Catholic Jnòzests, even the right of saying tllC slate? It would haye been a slliddal fict. SnpIJo'-p It. rp}j ion

..,û

. ct shouhl SillCe1c1j be1irve it a t1uty to aacrífiee the
 * fÏr"t born of every fn.milJ, Lelon

iu to that sect-wouhl it be permitted? SOj)pMC a }{OI1lRll Catholic In-iest knows the actors in a treasonable con pirac T, to (leliyer our city to the en.em T, aud if the persons can he known tbe plot may be defeated: Shall he be perulitted to say. my religion forbids Jlle from prryenting the horrible effusion of blood, "hich ID!.lst follow, for my lino,v- lcd e is gainefl in confession! Upon what prinriple i'iì it. tlmt "uaker. rrfn in to hear arms. arc cOilllwlled to pay a tine or ('ounnutation! Finc is pllîlisnme1d ; for wllr-t? For an offence. 'Vhnt is the fJ1wlæJ"s rdfence? that he refuses to Jielnt d('at l. .Yet in onl" YJWll tatc the ph -siriav. has beeB m:ule to tC:ò'lif r in such cases. It has been in isted by the oppo'iitc COUllbc1, that, as the l oman catholic church, might, an(1 p .ohably "ouItI take awa r tbis l)l' c!:;rs office and salaQT should he testi- fy in thi" rasp. he ou lIt therefore to he excuse(l. Hut . <- this r('a oning is utterly fallacious. If Hie principle ftd- vanced be a sound one. then thc r might haye made hi !J!!ke deI ClHI upon refusing to te5tif ' in al1

case, nd

49

lamIeI' RliY circumstances, against an " ])crson in societ). If I do testify. saJs the pric.>st, in such a case,. I lose JlIJ sa1rrrJ. In one wa:r or other c\"cr

one Inight be ex. cuse(l from testif ying. Suppose a witness declines to testily, because he belong to a societ

, which is bound. uncler oath, tu take the life of any Inember who shall in any ca.s testif - aga.inst a fellow member, and hr yerBy belie', s hi life will be taken if lie does; wHuhl he be cxcuse{l? K 3.J-. wOl1hl the law permit Hut priesi to lose his salar ", becanse he had displeased thelt) by obeying the law? Or his omc ? lV uult! not a mnn (lamus restore. him? But he woul(l have no hearcL's-he would he .. i1ifanw1ts." IIow infamou8? In whoqe es- timation? His infam " would consi t in ol)eying the laws, and in the estim3.tion of thosð who (lc(1ID such ohedience a crime. To be hated, to be despised is not infam -. To (10 "1'..)1)6' is infamJ ' To tlisohe

the public law, is infam ". Ohedience to authority i the first of yirtues, and alllong the highest of the christian dutirs. 'The right of excmptioll on the score of infamy or interest, rests on this principle, giving it the broadest basis. 'That a witness ihall be excused, where the facts he discloses, con\-ict him of moral turpitude, or prove him unintitlecl to life. libf'rt

, 01' property. But, to say that a society to which he belongs will deprÏve hilU of sappo1't, if he becomes a witness at all, and to appeal to thp law to say, that this societ . may be indul- ged in prevcn1ing him from heing a witness, by SUcJl means would be, to make the law establish a power superior to itself. It is Y(l' - e,-ident" that a sodctJT of lucre laymen" aùoptinf) such an article in their consti. !: Lion. o f;u'fro!fl fipdin lll'otcction nndc.' it. .would. nfl

fY

O

jn"iUy too, he CUJJ Ítlt'L'e(l as guiltJ-. of all original COIl"P1- õfacy again!o;t socict:r. Is the case altered hecause a reli- gious soci tJ has ùonc this same thing? '.flu.' true prin ciple, it is npprehen(led, in our happy statc of religionc; t'quality is this: every man shan bp allow('(l tu rrconcile llÏm@;e1f to }lÏs nmkr}O in the way IJ may think most l'f- ... . fcctnal = alul seejn;:; that none can preteu(} to r('aler crr- taint - than bi ncighhotlr so, to no OtU' of the various S<'cts shaH be g,ivrn the IwÌ\-ilcg(' of dictating to other their course of reli;;ious worship. 'J"lm!òô, aU st:uHl equal; no oue pì"ctemling to the 1'i ht of tlictatill õ to the otht'l's. But wheueycl' any nile slmn elaim to do ,"fhaf maJ justlJ offend the others, he claimg an uneq ml, am} so an ullconstitutional h p1>{Jfè)'.') nee." 1.-'hus, the jcw may keep his own sabbath. hut he shall not yiolalc that f the christian. Unùcl' a religious- tcnet, no sect wouI(1 be permitted to indulge in what society deems cruclt

. tlishonest ., or puhlic huleccDcJ" f r it would offrutl the rest. thongll the wmo hippel'3 1Ui ht de m thcmsc1n s cugn ed in a holy rit{'. XOl' ouoht mlY be alluwed to conceal, when called upon ia courts of ju tice" m.att('r. })ertaining to the safe.t . of the r\' t-for if they aI'\? O, allowed, they make fo-r tbemseln s a rule of c,it1encr, contrary to a pre-existing princip!.c of law, Ìnyoh-ing the safet ,. of the whole communÍl .. If the . a ., our rc- liSioll teaches us this, societ)" rcplies all religions are equal-nolle shall be disturhcù-cuch one JTIay eck heaven as seems fit to its ,.utarirs, thi is the tolcration society has .. g) antecl" to all-but stin societ r is SUIJe- ]:'ior to them all :md not. nor e cr could he supposCll to H:lYC granted to an ". the rjght of silence. when its own
 * I'_

rest nd :5afefy UUl " l e jeopar<1Ìl;c 1 by tha silcl1cr

l

The common s.afet -, is the common right-and any pre.- tension. ,""hether of a religious or social institution, which claims nil> right to withhold fl'oni society the knowledge -of matters, relating to its safety, soars above the le,'el of the common equa.lit -. anll demanlls sueh an unreasona- LIe ,. prefereucc," as society would be false. to itself to allow. li'inal1y the constitution has granted, religious "pr'o- Jession llnd lcorship," to all denominations, "without discJ-im; Jwl iOll Ol JJl'eferance:" but it has not granted exempti01-1 fl'om [)l'eyious legal duties. It has expelle(l the dClu.on of 11ersecutioll from our land : but it has not '\-cakcncd the arm of public justice. Its equal and stea. dy irnpartiality has soothed all the contending sects into the most harmonious equality, but to none of them has ii Jiel(led any of the rights of a well organized gon rll JUel'it.

""hen 1\11'. Gal'denier closet! it '''"as near the usual ]iOU}" of adjournment, and the Coul't assigned the. follo,v- jag morning to heal' the reply.

A

ð

JVeclne8daYJ JlUlR, {J [PRESE T AS nEFORE.]

l\IR. SA)IPSOX IN REPLY. __if/a? it Plpase tile Court, ßefore I enter on debate, let me be permitted on be- half of the Clergy and Trustees of the Roman Catholic C burch, to (lischal'gc a debt due to the Dish'iet .\ttorney fOl" his liberal and luanly conduct in this cause. 1. bat it nlay proceed and end, as it has began. in the spirit of peace an(l good will. 'Vhell :\Ir. Garde- niel" proposc(l to eutcr a nolle lwosequi. his motives were no doubt highly commendable. He knew that l'e- li ious disr.u sions, often, too often, {,lilled in bittel'Hess, and were pernicious in their l"esnlt. He did not theR. so fully kuo\t, in how mild a spirit this question was pressed upon him. _\nd it was not till he was strongly solicited, by those I have the honor now to represent, that he consented to bring it forward. His right to fol- low the cour e be first proposed was 110t disputed. lIiii: motiye for that he has pursue.} will best appear when I shall haxe laic{ before the Court the w 'ittcn request addressed to him. 1'11'. Sampson then read the following paper. New- YOl l, Court of General Sessions, ".rhe People, On (t11, i1zdictment fOl Te TS. . . I d D . 1 PI ' II ' d : cezrmg sto en goo s. anle 11 IpS an Wile. 'Vhereas it has been represented to the board of Trus- tees of St. Peter's Church iu the city of New-York, that

53

the Reyerel1d t)l. Kohlmann, the pil"'Wl" of said e11urch ha IJcecn callell as a witness, to testify therein, and that thereupon he declared he ]U}CW noth.ing touching the matter enq il"e!l of him. but what had been cOHlmullica- tell to ltÎ1ll in the administ.ration of the sacrament of pe- nance or confession, in which he .Yower1 himself to he bound ùoth by the ]aw of God ailli the canons of the Cathelic. Church to a perpetual and inviob.l'le sccrec -. 'FiuÜ the knowledse thus ühtaiue(l cannot, lJC re"-t' lletl to any person in the worlrl, without the greatest impiet:y,
 * lnll a yiolaiion of the tenets of his religion.

.rhat it "ould be his clnt - according to his rclig;ious pl'illcÏplel3, to snirer death, in preferel1ce to making the llisdosure. aud that this hath teen tlll . uniforn f lith antI doctrine of tLe Catholic Church. "rhat he was a<; from the' I'Jot of cYer - tlesülatin; persecution, before we intro- dlLc the f;(,l'ms oï that poisonous growth. so prolifir in mischie.f, mul malignity, Hut nothing likc it ean he f(mud in the anu3.1s of the .world. Fpl' en>ry where else, though there D13Y be Ill 'ldnrs , SU}1Cl"stition, 01' iòolatrJ, there Ina) be some chance of impartiality; but in Irdanù tlH're can be none! Ahsh'act this Il'ish aerision, rro:n lrish politics, and Irish histOl' -. find mark upon what shaBow reasons it war; founded. 1\ h t will tho enlightenc l anrl nns"-

!J7

i'1H ticalp(l jmlges, I have the: bonor to tulùrcs, say tQ thi argument, tlmt because no case could be founil, " here a catholic clergyman lUld becn c-xemptc(l from an art of per!id)T. alhl sacrilege. that thcrefore no such ex-

mpt;oll could be lawful. 'Vas that reasoning PlH"C or

olid ? \, as it not more ob\'ious, t1mt siuce no case had Jw.ppenrll of the kind, it was because RO Ullwar- rantable fi sh"etc h of power luul never Lcen attempted, eyen in the a.ngriest times? 'Vas not HIe double argu- ment of prescription mul nOll-user in favor of the exemp- tion? VOl' who is so ignorant of human hi;:;torjT, as not to know, that in catholic countries, it would be Llasphe- my and in prote taut countrie . lntil that yerjr bour \rhcre was the instance? of it.A.lul who that eyer cast his eye upon the p('nal code of Ireland, hut 11IUst see at the first glance, that if en'r it had hepu lawful, it would not have been without some examlJlc. 01" instance that could be flno te(l. It would have been an easier snare for the destruction amI extirpation of the catholic reli- gion, and the catholic clergy, than those that were devised! It would have!õ'parec1 the tj'rants of a misgoverned coun. try, the pain, and theil' corrupt instruments, the sh:une of eililctinf; and enforcing so ID:lTì:T profligate and mon- strous f,tatutes. 'rhere would haye Lecn no need of such fearful penalties against the catholic clergy, as tho

laid on them for the offences of instructing youth. {}r celehrating mass, or matrimon:r, the latter of which, was punishcd with banging, if onc party IJrove(l to be protestant. the other catholic. There would have been no ueed of laws, gh-jng fifty pounds for the mere discove- 1"Y of an arch-his hop, twenty for a secular cl('rg -mall, and ten for the discC1vrrr of n school-nulstcr ; nor int1ir..t.. II

.

[is

\n,; pains, pcnalties, ür þl'cmuujl'cs, fur charÎtably hm.. bonrin::; thrm. "rhese, all l hundreds of other wretch- e(l extrava,gancies, lll:ty be found by anyone wIIO win look into the Üatute books and ret in the angriest tim s amhht all tbese frightful yiolations of nature, faith and boncst r, l is torture for the conscience and the bcart was still unthought of, although it ,:'as well kUÐwn that the sacra1ueat of pen"tl1ce and confession, was an integ- ral ana vitallJart of the ROI lan catholic religion. It was known, as it has becn proved in this cause, that ihr lwiest nrithcr could nor ,,,.ould rcveal the SCC1'Cts ur tllat confession; ana nothing more would haye bern nccessa- I"Y than to summon the priest, in tIle case of evcry perSOll accusell of a crime, which he might be supposed h} ]Ul\"C confes ed, and by putting thc (luestion to the pric!';t, and u ing no oiher al'gumrnt.s Ulan the counsel has used, commit him to l'l"isou till he answel'cd, or in other "wo.'ds till he diel!. ßJ oue of the ferocious stahItes, maùe in the reign of Quecn .A.UII," two justices of the l)eace, might Sllmmon any of the lait

, to (lisco,cr when be last ht'ard mass. 'who celebratcd it. and who was In'csent, and also touch- ing the abmle of any pOpiS!l clergyman, regulal' or sc- . cular, or any school-master, and funy to aus,\cr to aU circumstances, touching such popish IH rson, and if he had not money to ranSOlll him, commit IÜm to l}risOll for twelvc lUouths,* -ct in an this minute de-

· FOl' t11ese ami other legislative enormities, see appenùi:\...- Title, l)E AL CODY. ADRIGED.

õ{,

tZlil of elaborate persecution, it was never attempted t, force the confessor, to di'"Jclose wh:Ü his penitent had re- vealc(L 'Vhethcr this arose from sonle IUl'king remorse, if

Clnorsc con hI fÌlHI place in hep,,l.ts so (lcpraved: or w heth- er it was from some politic :.;ource of t.he heatHs thai might rcsult from confession CYCU to the oPlnessors thcmselves, I CRtillOt say; but I can say that it never was hefore attemptcd ; atul prove it by this alone, that no instance üf it conhl be shewil. 'Vhen JJol'li Kenyon was tohl by ::\Ir. Garrow (sIJcak- iï'g frmn hearsay an (1 for his client) that lr. .Justice -Buller ha(l cbliged a proteshlut clcrg -lilan to disclose 'what a catholic penitent had confesse(l to bim, what did be say? 'rhat his brother's opinion was entitled to re- spect. but that he should have }Jause(l before he made such a (lecision! 'Vhat would he have said if it had been a catholic IJ1'iest, called upon under pain of Íln- prisonment, to violate his sacranu nt, abjure his faith, incur eternal infam -, anti betray that hol) trust, to which if he proved faithless, he cauceUef1 eycry pious hope üf lU:'a,,-en, anel llC\Ter coultl be b'ue to any thing. Now it is not what anyone of us luay think upon this subject that should guide us, it is that christian charit) that all

houlc1 ch('ri h. It is that prece-l)t that Go{l has givcn, to pull the bemn from our own eye, before we med(lle with the mote that is in our neighbours. Strange then was the conclusione that wh t in England was censure(l by so high authority, and wh8;,t in Ireland lle\"er WllS at- tempted, though the rights, lives, liberties, and feelings f the catholics ha{l been assailed throuooh successive ü

g{'s, in every wanton form that avarice, vengeance and malignity could devise, SllOUld yet bo law, m rely

(jO

l)p ausc no Ín.,lal1cc couhl )je foufHl \\ here it had IJccn "- attpJnl'tell. ind ed the history of t]mt Iris]} case is its Lest com. ill('Ut. It is thus. Lord DunboJnc, who haa been a catholic bishop, happened to succeed to one of tllO e es- t'ltes. which. t gethcr wiLh the sluulo\"y title of noLiJity, bad been sufl"erercd, afLrr the pCrfi(UOllS breach of the trcat 9 of Limerick, to descend to the rightful illheritOi'. .A.ud having conformed to the estalJlishetl c1mrch, from · "hat 1l10th-e I know not, devisc{l it tu the catholic {'ol- lege of l\[aJuooth. 'l his wag a scminary lately es. tabJishrd bJ' go\-rrnn1Pnt, grown wiser, if not Letter, by its long and many bll11Hlcrs. ]Jeforc this institution, tJ}( j-onng student, de tilled for the catholic mini trJY' was doomed tn ",antler, like a 11O{)l' exile, to seme fnreigil land for etlucntioll and instruction, and to receive ill distant IIniyersHies tblt dmrifaùle boon, which bigotry and fanaticism had denied bim in his llath-e soil. It ,,,as haile(] as a happy relaxation of l)ast oppression and intolerance. nut still this was a poor step-child, and nerded pa ronage and protection. f ever endowment "as lawful it was tbis 011('. The (leyisor baying no children, left to llÎs sister and heir at law" already like hilll elf advanced in years, a ycry considerable estate. "0 h " then "as his" ill to bC' avoided? :K ot because it was vic_'iou, hut because he ltad, in t1}( jargon of the penal rode, ... relapsed into l)opery." How does this ound in our ears? IIow should anyone of us like the thought of having nul' arts avoided, when we were no more, because we balll'clal};;;ed into presbj-terianism, episropa.. liallism, or meihoc1ism? Our constitution does not for- feit. the estate, or annul the acts) or nxoid the '" ills even

61

of con\'icle(l felolls or out1a \Ys. Nothing short of high treason can effp t a forfeiture. nothing but fraull can Ryoid a grant ur a dc,-ise. ßut in Lord DunboJllc"s case, the question was not, whether there" a guilt in the devisor, but simp1r. whether he took his lea,-e of thie and hi flight to another life. pursuant to fiU Iri'.-lh act of parliamcnt, made in breach of a. solemll trcat -, :ulll in t11e spirit of all uncharitableness. "'ur who h t(l he to cheat 01' to defraful? Ill' llallllisposed of his woddly aífair . He lmd macle hi'3 will. lIis la t hour was approaching. The f,leep of (leadl s:tt IH---'aY - on his cre1i(ls. lIe had no account but onc to 5<>tOC. It wa that awfull"eckonin with his ledeemer alal his Goù. }"I or feitures. prc11lLmit'es, pre- sCl'iptions ancl pains lay 011 tl.is side the gra. ve: bis war l lY on the other. SUll he perceives, as he looks back through the loug mistJ- (Ircam of his past life, that h lmd upon that subject, which no,v concerne(I him most, l)een wavering auel inconstant. lIe rememuers that in the daJs of infancy and innocence he hact been trained up in the religion for whicJl bis fathers sliff relt, and that "hen he grew up he h:ld del)arted frolll it. He trenlhlrs to die in a faith ,,""hie II be hall cmhraccll from I)olicy or from C01L.IJuh:ion. He was a lll&n, and the heart of nun, like the bunted hart:', siiU in its last ex.trcmitic'= will doulJle to its earlJ la -cl'. 'The worlel had no longer for him, bribe, tel'ror, or persuasion. He offer to his almighty judge such prayers and sacrifices a he thinks most acceptable, anll calls upon him as the God of Dler- cy to lmr(loll all his frailties. Au(} who were those Dlor- tal inqui itors tllat sat to judge ,,]wß God aho,'e should judge, and to con(lcmn where be is luel'ciful? ,,-r}lat wa

-z

That inquisition aftcr deaH), that Wa to find the forfeiture, 1.&ot because the party died felo de se, but because he (li(l not? Not because he stootI out in relJellion against his ereator, but because he followed the best and only lights tllat his fi'ail and exha1.1ste(1 nature afforde(l }lim, au(I in what concCl'noo him more than all the nniyersp, made choice of that road which his conscience u1l1 inwar{l feeìing pointed out as the path of his sah-ation. In an hour like that (loes an:r lUan commit fi':uul? If be prayg to hls God to direct him, :UHl throws hi' l e1f upon his InercJ, and submits deyoutly to his jud;;mrnt, how viruleut, how audacious i'3 it in luau to (l( n to judge and to cOlldenln him.

all:", RpC01"de), here asked the conn"c1, how that case of Lor(l Ðunbo -nc was ultimately decided.

'I7w Counsel. I will conceal nothing of it fronl the court. I wish the case to be understoocl, anù fully 'weighcl1. fur the }'cason ant! honesty of our case, win outweigh i.t, though twenty judges had decided it. From w hat appears in 1\1" X all) .s treatise, ana what I gather from othcr sources, it cn(le{} at the rolls, with o -eITulin; the demurrer. l1ut afterwards on an c:>jeclment Unclel" the will broug lt by the beir at law, and tried before lord }{ilwarden, in the month of August followinE;, the same v;-itness was called. SOllie sHhtle questions were put to bim, to disco,-er in wl1at faith the testator died. He answered, likc the reverend gentleman here, ,,,. ith modes. ty an(l discretion, that whateyer kno" lcdge he b cJ, was impartc(l in religious confidence, and that he con hI not
 * finish a life of sevcnty years by an act of saccrdotal im:-

63

Inc .. lIe was commHtrll upon this fOl. a contempt 01 court, and sentrnced to a ,,'eeks imprisonment in the com- mon j,til of'rrim. 'rhe jury fountl special1y llpon oth- el' eviclcncc, that Lord Dunbo -ne bad died a catho1ic. The jUllge then obscrve(l, as the l>arty ball not suffered from the want of hi., testimon: T . and the law had been vindicated, he did not consider thß clergjTman an oLject for punishment, and immediately ortlere(l his {lischarge. Let us cbarita}jl - suppose that this ju(lge felt the cruel- ty ortbe proceeding, and wishe(ì in sonle degree to wash }lÍs }mnds of it. I haxe been tolll, aUfl sometimes believe{l. that it was not without a henvy heart. th:lt as _\ttorn(lY General, he often moved for judgements upon men, whon} he knew to be at least, as virtuous as himseli and as a privy counsellor, signe(l pl'odam tions, at which humanit r shud{lers. I was b.lnished 'before his appointment to the bench, al}(llon; before his death. If he had those feelings of compunction, I could pity him, though he Imd persecute(l me, and at no time couhl the world }lavc bribed me to clmnge places with him. He ,vas not of the worst that governed in those times, aD(l many regret- ted that the popular vengeance that li:;htcd on his head.. ha(l not rather fallen on some others.

Ir. Sampson was again as1ied bJ9 the court, touch- ing the eveut uf the cause, and also whether the master of the l'On, was the sa.me person who was once baraR of the exche{luer.

He was the san. person. the title of baron being mere title of office, ccasl d "itlt that office. hr. anerwarcJ

ü1

oTJtaiuell the d scradible title of bat'ouet, anti lias sÍllcê been kuo\\ n LJ" that. ...\.s to the result of the can

if I am not deceivetl, the will was íiually cstahlishcll. nut be that as it will, autl let the personal Jnerit of those jucl;cs be what it ma -, it affects not my argument. 'rhe sJstem llIule.. vdlÎc It they acted; the bar1nuous ("otIc" ith "hich theJ \"ere familiar, was enough to taint the it jut1gcml'nt. K 0 jUl1 e, no legislatm', historian. poet or I)hilosopher, but" hat l a been tinctured, \" itll the folliL..; or sUIJcrstitions oi IllS age. Of thjs, one memorable iu tancc may suffice. Sir l\laUhcw Hale was yirtuous, ,,'isc, and learned: the :ulntc.Úe of toleration, the ellemy of erue HJ. 'I'he l'eYoluíionar ' storms that shook H.e Un'one cf 11l0narch , could not moyc him. ,\ eaItI. could Itot corrupt, llor power intimidate ]tÌm. 'Y ben we find I.ls great and philosopllic mind, yilely puthrallcù in the grossest superstition of his time; treating of witch- crait, in the first amI second lleF;I'ee. la 'ing do,\ n quaint and spel"Ïon.5 rules, for the detection and cmn-ictiøll of those \ ictims of bat;Jarous follJ, .straining the plain rules of evidence, to meet these imaginary crimes, and becans(' the pl'acticr.-; of witches with the deyi1, aud of conju- }'01'S "ith eyil l)irits, ',ere t"(( rei alld t!augel'OilS. 1101- ding tli3.t t]terrwre, witd f'r; might he ('OJ)\- idell without fun In'oof. A.ner UJis.. J'1ay we not "ell sU l)ect those 11'ish judges to hilYC imhihcd the pnison of their crllet cotIc, and to hayc eaten of Ule iusalw root tlmt htkdh the reason :prisoner. Auù as a furthrl' 1rsJo;un of circum- spection, let us not forget, that aftcr that cyer Inemora- hIe fl'cnz:r, which in a neighbouring state, hurled to de - trucHon, so many innocent victims when the actors ill tho!;c blcody tra;;eålcs returnc(l to their scn c-;, 0' e1'.

ö*" ,J

\\ he1mc(1 win. s1mme filHl with confusion, their al)o10 y '\'.1-;. tHat thc:f hat! been clcluded bJF the writings of Glnllvill, Hale and Uaxter. 'V hat I now reb.tc i hi torJ' that sh'an e as it may s;cm; canllot bc disput('(1. so d lIl Cr;)U it is to gin thc reigns to cruel pr judiccs. A.t that time no eloquence cou.ld dissnadt>; 110 mh-ocate )lad courage to oppose the tOlTent. "rhe trl'mhlin?; wretch o\-era \yell lJ y the fro'wu of the magistrate, tlll" fear of the law, a hl the dread uf death, was no sooner (leuouncl'll than he confessed; mul many accusing t1lcm- selves were recelyc(l into fayor as pcni ent "itches or wizal'd . ana usetl to convict othm's les3 guiltJY, hut not so IJolitic. A.t that epoch the peaceful society of 'rienlls ,,,as thought little less dangerous, and thus dill those ,d1O fled Îi'om persecution in England, become through if;HOì".ulce most intolet'ant persecutors in r\merica. Such is the llatUl'r of that fiendlikr spirit, \\ hich it requires hut a moment to raise amI centuries to 13 -. Thank Iu.>flyen it is hÚll in this land: alh1 I trust foreyer. "The best TJl>oof of "hicIt is, that we can discuss this question, in. l)l a e and charity without tirring one aE;I'J pas- sion. 01' one malisuallt feeling. "or there is no man on ihis idc the .A.Hantic, that (loes not regard these el'- I'm'..; of past times, as c amples to ùe llUnl1eù, not imita- teel; nor slwul(l I l'eyiye their nlemory, but for that pùr- pose. It set"lllS indeed, as if providence had decreetl this land, to b the grave of persecution, and the cradle of tolerance. 'rh illustrioils Penn, was imprisoned for hi (hnlge1 OlLs opinions in Eu:;law:l: he came to AJneri- ca. antI hcillr; invested witIi legislative auttoritJ, found. oel a code U \n.l !w pr llcipks of pure and unequiYocat n iOlßration. 'l'l,1.è t;;tVl".illS of (he re, oiutiou 5catte.red back

1.

'D

liû

the predou=, scclls, au l the Eriti'ìh ellllJire itsclt tner a long lapsc of -rars, received pradical Ie "sons of that wisdtjm, it had hani!'Jhc(1 fl'om it shorl's. Even in Ire- land the c11ccrint; r lY piercl'l1 the gloom T night of op- lu'essiou : the 8 ìnpathetlc cbarm awakcli the slrq)ing genius of a reanimated people, amI raised up those champions of civil and religions rights, within and with- out the waH3 of parliament, whose sl}lcadid eloquence, sbowed the nath-c measure of many a thousan<:omÏJ1

6U

Í1'om snch a man as him, it slH'WS the tlangei' of suffer- ing an . flescI,jption of men to fall into entire contempt.2 fill" thp ycry charities inteuded for them are not perccÍ\-- ('d to he fresh in lllts. "Ther c\"er - tlIing useful is withheld, and only what is sCl'\'ilc is pcnr.ittecl, it is easy to concE'Ï\"c upon what footing they mnst be in sllch. a place. _\11'. Hutchin on mll t well InlOw the regt- ter thus: .. Thinking over thi matter mature} -, I see no reason for altering my opiniml in an r pal't. 'rile act. as far as it goes, is gOOl} undoubtcdl T. It amounts ,-ery lleal'IJ to toleration in l'eligiou ceremonies : but it puts a new bolt on civil rights, alll} rh-ets the old one in snell a 111anner, that neither, I fear, "ill be easi1 - loos- ened. I couhlllave wish ll the cidl adntutaf;es to talie the lead the others of religious toleration would foHo\'v as a l1u tter of course. From what I have oLsl'n-cd, it i pride. alTogance, and a sI)irit of dominatiou, and not a bigottcll spirit of religion that has cau e(l aud kept up these oppressh"e statutes. I am sure I have known tho r who oppressed papi ts in their ci,-il right .. ex- ceedingly indulgent to them in their l'cligions cereUiO-

Ie

tllCS. :uul who n'al1 \, i hcù them to continue calholicb in ord r to furnish prctPllccs for oppression. 'rhesc })crsons llc\-er saw a man. by COJ1yerling, csrape out of fheh" pDwcr hut with grurl iug and reðrd. I h:lYC 'known ]-:1,,-'n to whom 1 am not nnclun'itahle in sa "jng (though thry arc dead) that they would ha,-e hecome pr- l>>ists in order to uppress protestants, if J-..cing protrstant it was not in thcir voy.-rr to Oppl"C S P<11,ists. It is inj l1S- tice. :HHl 110t a mi takl'n con cipncc, that has 1.cc11 the principle of prrspcution, at le

t as far as has fallcn un- der ru ' ob!'iernltion.'" 'rim Court y,'ill excuse me f-or canin to my aid, the opinions of this cluinent mati. upon a suhject wherc the truth is a11Uo t b(' rond crrdibilitJ. "l'l] mi,d't he 'i " Hlat injnsticr and not eyen a misb;.KrIl cunscipllce Imel {lidatet1 these prrs('{"utÏons, for w] oeYer reads the Irish Jli tor - \\ ill see that these }>crsecuiÏvus forlll h...o l'pochs. Out' hefor aIHI oue since the rcfurmat:on. The our COll- iaining fLU era of ahout 400 Years, the other about 300.

t)nl eí]n n

fantf.....tical amI" ickrel. nUl'in the for- Jl}rr, the llatÏ\-es of Ireland sufi'erc(l for hrin:; Irish or

pe:lj\.Ïn:; Irish. They were prollouucCll aliens in their uath-e bud, and forcNI to sne üut lett{,l"s of d('nizatioll _\.nd in the reign of the thirJ E\ìwal'd the

IJrefen'ed a. petition to be liatura]ized It ,...as refusrd. 'They I'C- hel1cll-werc defer..ted. and punished. It ' 'as no fplo- llJ. nnrovinees, anù lJlullting of hmn u beings, f,')r O tl e r termed it amongst the Lleaching b{)n{' of tlwse de8 rOYed by war alaI f u!Üne in the name of "' ., God!!! ''""" ere there rebellions? W ere th l'e massa- cres? AJe, to be sure, there were! 'rbey lrere the- Datural Cl'Op. }1"or he that sows must reap! .A_\ a)- then with Irish cases and Irish :lutlwrities: for to l(lopt them )ll're WOtil(1 be as lll'ld as "itkrd. 'l"l:c Irish }Wl'SeClHOl'S ha(l their :mutives. It was theil' i!lter st. 'rIH'Y lin d upon it. They had un living else than I)lots and forf itures! The r were not siIDpl bi;ots, acting i\'orn mistaken conscience. Th{' r ""ere pIrates (letermille{l to hole1 what thcJ h ul got, and rather tlu n lo e it scatter ]pw Rlul justice to tIle winds 3n{1 w:n e5. 'fhe cunning mariner "ill Huow overboard the most IH'ecious of hi8 etreds, -wlll n his life and all is at st<<1ian. Once in the IWl'iOll of a lustre or olJ-mpiad J ,,,hcll the willtl blew off our coast, the)T should be dug up: fasting. ablutions, and e ..orci ms, first l){>rformed: atill if tdegraphic ign,;, could he devisetl to communicate their terrible contents, it \'" ou\{l be safest. Hut, bring such things into a court of justice? O! lle,-er, never.-
 * Fie! fie! tlu'y are too rank. I think I could smell out

that ,'olllme that treats of the deat} LOi'd's wiU, and tIle inquisitiun helll upon him, aft r (leatb, for "'l'clap- sillg into POPel'!f." Yes here it i;:;! The whole S TSl< IU is already rotting ahoye ground, let us haíilten to inter its miserable remains. _\nd no
 * r haying done with Irish,

let us turu to the ) nõ1ish history. it is good to learn, 6V('11 fl'om an ellemJT. lr. Pitt. WllO Cor Tears governed England bJ dint or ingenuitJT, was a goo(l or a bat1 ge- llins, I care not which. He was once a fl.ielul ofparlia- lll"ntl'Y reform, but nballdoned thrrt ; he wns more than. onee desÏ1'ous ofrefol"luing the penal coùc_ and ill that I I)elic,"e he was more sinccre. for he was sagacious {'nougb to see the imlwlic.y p..ud gross ahsunlit:r of main- taining it any longer. III 1 ì88, when a bill was propo- 5e(1 for the relief of the Roman eatholics, a committee of the English catholics, waite(l upon him. He desir ed from tIIC!:l some authentic eyidcllCe of tlu' catholic clf'rgJT, and lluh"ersities ahroad, that certain dangerous tenets imputed to them, we're not a:\ owe(1 by the catho- lic church. 'flw three following queries were drawn up lmder his auspices. L lIas i},c I)O,W or cardinals or any body of rneu_ OJ." any ilH1iyulual 01 the church of l{,ome" any c.ivjl at. K

,

-4

tllOrity, power, jurisdiction or pl'e-emiUCll e wlmtevel w it hill tht' realm of l ngland ?

. Van tlu" pope or car(linals, or any body of men, 01' Rny ilHlividnal or the church of Rome, absolve OJ' (lis.. pense with hi ...\Iajesty's subjects, from their oath of allegiance, OJ!' any pretence whatever? 3. Is there any principle in the tenets of the catholic faith, by "7ltich catholics are justified in not keeping faith with beretics or other persuns. differing with them in rc1igjous opil}ion . in ßny transaction either of a puh- lie or a pl'irate nature ?* 'rhis was (lone no doubt, with a ,iew to soften the J{illg"s conscience, which at that time was bur.ln'anl against cptholics. l or his mnjest:r had not then formeù an alliance with tIle IJOPC, nor sEnt his dragoons to guard his IJel'son, nor hall England then sl)cnt as much blood and treasure, to put UI) the pope an..l the ßourLon as she had Lefore expcnded to lUlU Hlcm down. These tbing!o, feU out afterwards. All great 1eaclers of men have been addicted to ora- cle . In old times, they t.-,ent to J npiter Anumon in Af- rica, or else to Diana at Ephesus, or else to the I)el. phic priestess, or to the old sJ-bil. · 1\Ir. Pitt sent to none. of these, nor did he consult the I'ioters of Ioorfichls, 110l' the pl'Ïestl T mob, nor the Orangemcn. He did UlOl'C wisely; he dill vel'Y wisely. I.Act us do him justice. Hp sent his queries to six of the princil)al catholic ulliycrsi- tips of Europe. The Sorbonnc at Paris, to lJouay, to LouYliin, to A.lcahl, to Salamanca, all(1 to Valladolid.

· See the answers of tile si uni,'er;ities at length in the alJ- fcnuix.

,...... ,;J

As poiitirialls, Ulostly know tl1(' answer, 1Jcfore they RèK the (1Ilc:;tion, so I nC{'llllot say that these universities all concul'l'ell in disdaimillg, and firmlj" di avowinõ all thc'ie imputation..;:, wltÍrh no catholic evr' thought of: unless it were in ancient times of war nnll cOlltrutions fu}' kinðs anll kinglloms, when the cOl'l'uptions not of the .ehurcb of Rome, but of some corrupt ministers of that church, had by forming leagues of t. wicked priests and princes" di honored that church. None but foolish min- i tel's couhl have thought of visiting all tllO e crimcs of past ages upon the catholic churc1l, because there hall beeT} weak ol'wicked pi'iests, no nlore than of dcstro r- i!1g all kings hec:luse there had been weak alul wicked prInces. I should have venerated l\Ir. Pitt for tbis judicious

tep. if I could be quite!,ure that he was sincere. It wouhl cover a multihule of his sin!;, .Aml it is only to be lamcnted. that some minister, as sagacious, had not sent these queries to those six univer ities three centuries be- fore. flow much burning mul ripping, woulll have becn spare(l. I '" i h that Jl'. Pitt had nut, for his bood Hallle.s

ake. so soon after rereh-iug this authentic testimou ", tolerated that ferocious raLble of no pOIJery, Orange.. men, king.s conscience BIen, and peep of (lay boys, ,,,hose atrocities are now as much history as his life and dea.th. It is Ü'ue, I will say it for him, he never love{l them, he JIated and (lespiscd them; but he knew them well, that they were alwaJs for evìl, ne,"- er for gom1, and having done aU the mischief required, the soonel"the - were extinguished the ßafel' and better it wouItI be. But stiU he uscll tlWlß to can . his }JoiBt, and overthrow the IJ:u]iament of Ireland: which he had

76

before tnrrnplNI to his ends. ll:n.ing ainr(l hi!i, point, he tried to put them flown, but it is easier to c"\:.cÌte wickedness than it is to subdue it. 'The hounds once uncouple(l and set upon the tract of hlool1. ran riot on the hot scent, al}(l the huntsman himself could not call them off. "Then be wouJd ha\"c whippetl thrIll again into their kennel, they were :,ilxagc and ba 'ed l1Ïm. lIft\ ing the nnthentic e,"idrnce of tlle six univel'"ities, t1mt it was no tenet of l"atholics to 1n'eak faith with he]'i- ti('s, he resigned his Oml'C. as be said, because he coul{l not keep faith with tIle catholics. He resumed his place mul did not keep faith with them. lIe was cro!Ssed in this by the {Jrpp of da ' ho.,-s, and hJ his other enemies, in his olhel' prc ieds, and he diell, in vhat faith I know not, lamrnting his inrajmcity to ùo justice, and exclaim- ing, Oh my poor count 'y!

The ., IaYOJ9. From what book do -ou take those queries of 1\11'. Pitt.

Counsel. I read them if it l)lease the eourt, as ('n.. eral histOl' ., from l\lr. Plo\HI(')).s historical survey of the .,tate of Ireland. 'riley arr I presume, upon the jour- nals of the parliament.

ReC01'de') . They are so, I haye seen them.

Counsel. It is time now to take lea\-e of foreign his.. tory. A.nd as to those precedents of foreign law, the only wright they can bave, is that of so nlucb paper and calf's skin, fur our 81\ n constitutiol1 is so explicit upon

77

this imI)Ol'rant hea.l of reìi iou to1cratiou. that nothing but the invetera.te habit of running to fOl'cit;1l authorities, couIel have put it into th r.1ÏiHl of any of us, to look else- wl:erc for instruction in so IJlaill a casr: unlpss we are tù 1"e cmble that fablcll race, that continucll suckl nõ till aftrr their bear(ls gl'ew. 'rhe constitution statHIs in need of no snell illustra- tions, It is simple, mul rrecise. anll unequi\"ocal. It ma ' like other human institutions be lleryertetl, but it

annot be easil ' mistakt'n. \nll jlHlgrs who so wen ]\JlOW its history will mistake it least of all. r-rhe lìeo- pIe whose will it speak!oò, were not of an y fme church. as the learned attorne ' has aid; but of m:in ' and yarions sects, all of whom had suffered UlOl'(' or Jc

in Europe for their religious tenets. and many of , .llOm luul unrelentingly persecuted each other. .4.11 that came fl'om En Iand, find were not of the church estahlishe(} by act of parliament. of w}lich the King of Englr nd was the llead, all tltese were either eatholics or l)l'ote tant (\i senter", alaI in one or the other character, liable to prett - heav - disabilities and l)el1alties. 'l'he catholics it is true, bore the har(lest lJurtben of all ; but Hie others woulll he yery Ol'l' -, I belieye, to put aside our consti- tution an(l resume their ancient condition. .And Gml forhi{l it shouhl be so. For among thr many lo
 * ses tllat

would light upon the eommunit -, "" e might he depri,-e(l of the respecte(l magish'ates that now sit to judge of our mu!'t preciou,;; rights. }1"or if theJ dissente(l from the estahlishc(l dml'ch t11en they coult! not hol(l any office in a corporation; and then they must come (lown from that bench which they fill so "eU, and }la r a penalty Iftorcoycr for baling eat t}JC1'e, unlesi they could pro

is

ll1re the certit1catc of a c1mrcJnval'dcn. that thc r had ta- ]\:cn a sacrall1l'nt they did not ackllow lcdge, in a chureh that lvas lloi thch- own: or unlcðs tlll Y were thl'oUf;h clcmenc T, indemnified and panlOlll\tl as fclonfoi ami outlaws are. 1 uectl not say 1ll0l'C to the court, than refer to the test and toleration acts of England, and the ÏlHlemnity bills pasosed for the relief of protestant tli5sellters. i\Ir. Attorney had forgot all this. I put him now in mintl of it. IIappy country, I again rcpcat it. "here J,ucb tllings can be forgot. ßut I speak not only of ,,-hat has been, hut now is. At this da Y, a qua. !{Cl', such is the term LcstowNl on tIle society of }"rh\uc1s, cannot he a \\ itlless in any criminal casc. nor a juror in any ease, nm' can hr '"otr at an l'lection for lllcmhcl's of p:n liameut nor ran he hold any office in f hp gOyernml'llt, unll'ss he 1)(' sworn lil e other pro- testants. He cannot enforce the perf o l'lnan ce of au a" arù, or the pa)-ment of costs, upon the cl'cdit of his affirmation. His religion forbill him to swear like other plotestants, as that of the catholic clerg

man forùids him to ùetraJ the secrets of confession, and therefore, in En,;lantl, lJoth are disqualified; hut the constitution f Kew.York iolel'ates aU rpligiol1s, and neither is the -Friellcl calle(l upon by it to swear, nor the confessor to bet1'3)-. 'rhr quakers arc not committed to prison in this country h)-y a ju tice for non-payment of t:vthes. Nor are they fined as in En;lallll for not ser,>ing in war. They enjoy in all these respects the fuB and equal m('a tne of toleration, an(l a greater indulgence than others. All others must join the ranks of their country, and oppo"e · its enemies. They are exem[)t. 'rhey are neither aske(l to go 1il\.c their feHo,v citizens, nor yet to find a sulJ-

,'" stitute, hut fur less than. the hire of a mere la bourer tllry are drfelllletI. ...\ fill this that the gr'l- tleman cans a fine, is n. most signal benrfit.- .A.ull from this fact I draw another conclu ion, that the constitution has left nothing vague or nndefinctl Uta was capable of being lleilned. A.ud when it la -s ùo" n the general rule. intending an excel}tion, that exception is defined. .A.utI when it gave toleration to the religious professions aIul worship of all lnankind, knowin; that it wa of the religion of the quaker not to fif;ht, it Ill'O- nouncerl the reasonable condition upon whit-!J that t'X- emption was to be enjo -('d. 'rhe catholic religion wa:ö: surely as well known as that of the (l'laktr. X 0 christian could be ignorant of it: an!! for the same reason if the fl'a- IDers of the constitution inteullcd anJ e:\.ception, the . ,,"ould have stated it. _4..11 catholics knew it because it ,,-as their l'cli ion. \11 protestants, because they must 1\:no" that against which they protested or thr - know noLhin . The catholie religion was as the genus, and the varioils species were composcli of that and the essential diffb.'ulce. The sub..1h-isions were hut ,-arietie.,. 1. hc catholic church eontains at least ,-wo thil"d of the dlristian population in the old world.. aUll with re l)ect to this ariicle ûf auricular confession, it is still retained by the Gred\.:) antI oriental schismatics.. after a seperation of SOO -eal' . In this continent.. looking to Canada on the nOrnl. anti the vast and populous nations to the south, three fourths are sUl'cl catholic. If!;o, three fourths of the ,,'hole christian ,rorìd arc cntho1Ïcs. If the people 'who malle thi!; con titution were as the learned gentle- n1au has id, a protesbnt people, tla y \\ ere then Cl)fi tian people, and if the ' "ere a christian peOl)]e

t5

is it likel ' Umt thcJ m:Hlf' a con titlIlion toll'l' ting tlu }'eligiou of all mankind. and sul jojurd, by wa T of pal'- cnthr i . n In'o\'iso pllhiug uIHler the han of a new and unprecedented pro cl'iption, three fourths of the christians that inhahit the globe? 'V oul.l not this he a nun'cll monstl,., illcou nlOus aIul amorphous, like some frightful sport of nature. with a foot higger than the .whole bod.}'. and tramp]in on its own hratl? Can \\ e s]:lIlllrr tlm Îathcrs of onr constitution h y supposint; thry lli(l thi..; riUwr in ignoranec or through equivocation? No! Fur it nccdelliittle learning ÏIuleNl to know aU that I havc stated. 1.'hr - ne{'ded not to be {leep learn- ed ia the \\ ritjllS of the ratÌler . Hot. in the histories of general connril:.., canons. dl'cl'etals, cOllvocations,

'- nod . Ol' ('ow.;Ïstorics. nor in leg.::mls traditions, creeds, or catrrbi m, litanies nor liiur ies. manuels nor mi ,;els, Lrcviarics nor homili{' . In that familiar yolume of the cOJluncnt:uics cited -ester(la -, thc r \\ ould h:n e found it aU. set llown uUller the head ot' oflènces agaiu t Gml
 * m.l religion. 'rhe

r \YOllld hayc foulHl as mr..uJT models of proscription against jcW and gentile, protestant anll papist. as there ;0 rc f:1shions 01' vagaries in a millclwr's shop. ome of which, I think. are 6reat offences iu tllcm eh'c8 against God and religion. It \\ as with full knowledge of all this. amI to close the dOOl' fOrC\-Cl' agaill t rcligiùus contention, that the 38th article of om' constitution was framed, by which all l'eligiullS are Imt upon the very same footing, without ]Jfefel'encc or tliscrimination. ];"rol11 thence fonnU"ll no frail man is to set himself up to judge his fellow, for his faith and usurp the power of the almighty jm1r;c. by ,yhOlll all JUu t be judged. nor are we to laJr hauds

1

none flIlother, or punish either by death, by fine, or by pl'd:Jn. the free cxel'ci e of l'rligious worship or profes- sion. If there he any, who does not see the wisdom or this enactment, let him open the p:tge of hi tol'Y, a!ul re ul of the bloody reli ious wars of Europe, of whic.h the \Yt'UlHls are till fl'l sh and hleeding. Let him retlect who h s own fathers were. and h will find the co!:;enc T anJ wisJom of the act. From the time of that cons itl1tion, thl' watel' of strife were no IllOl'e to he let loose; anll as righ. s undefined, are wrongs cOllceah'(l ; as exceptions lead to contentions amI cquh-ocatiùns ; so the principle was estahlished ìike a heaeon on a rock, to be a light and gai{lc to all the wodd. l) nder thi,;; coustitutioll. it is lawful for one to s:-a Y. I. bold of Christ, another. I hold of Paul. another. I of Ce- phas, another. I of _\.ppollos. Onc only excrption there is, awl that is the proviso, that this liberty of conscience sh,d lnot be construed. to excuse acts of licentiousness, or justify practices inconsistent ,,-ith the peace and safe- t J - of the statr, a

d this brings nw closer to the point. 'fhe Dis rict AttOl'nc - has lai{l it down, as though it " rt' ccmcc\led. tilat the gpueral principle of law is with him. nud that we who claim an exception, must shew ourselves eutitled to it. I explicirljY denJt that proposi- tioll. 1.'he constitution here b.Js down the general rule, that all man ind shaH he tolerated. \\1 ithout preference or tlis rilUin'ltion. and we claim no eÀception from that l'ule. It i our adn.'rsal' - that would enforce the pro\-iso. and take
 * uh'autagf' of it (lg:lÏnst us: and it wa'3 for him to!',hc,,-

how we fell within it. It W(l feU' him to ",hew in wh:1t om' acts Wl'l'f' lirpntiou!"ì. or our prnctin's d1n eroas. The lllodest Wvrth and unaJùhiiions cours !S of thili pa lJ

tOl., often to be foun(l by tlle bed of si{'kllcs, or i'n tIu.! abode of sorrow, but never in the repairs of revel or di - ol'der, repels all idea oflicentiou!ôìlless. It remained then to fall back upon the subject of danger. .A.ud truly, .i\lr. _\ttorney with all his illyention, was milch put to it to .. . nnagulc a casc of dan;er. It was a d:lngel'ous pass for him and his argumcnt. JIy colleague had pointed out from B]ack tone "s commentaries, that the danger" hicb served 3S an apology for the proscI'iptions of the catho- lics in the Britisb cmph'c, ,yas t]lat of the popr :nul' thr pretender. 'rhe gentleman couliJ not bring himself to S:1 he was afraid of those persons. .\nd yet Ir. Justicr Blackstone had laid down that wIlCn the family of tlw one, and the temporal power of the other was l'cduced or at an end, the catholics migl1t safely enjoy tJ){'Ïl' seyen sacraluents, auricular confession, and all. But if the gentlrmau had gone still ful'ÌbcI' and maintaillrd Utat the pope and pretcluler were on buard Sir John ßcl"lnse '\7" arren's fleet, it "ould have Leen litt1r less surprising than the (langeI' he dill suppose, namel

, that should there be a conspiracy of catholics to deliver up this city to the ene y, aUlI that tlH.'Y should confess to the priest, and the priest conceal it, aUlI so the city be lost. If the catholic is to boltl his rights, aud have the e{Jual benefit of the constitution, upon the barll condition of satisfJiug the (loubts of all doubters, and the cavils of all cavillers: if all possible things, however insupposeahle, are to he sup- posed against bim, this fl-rgnment ma

<10. But tJ}cn the 38th article of the constitution is a dead letter to him j for under the pretence of dangers, figured merely in the imagination, aU the old crimes, plots and massacres ma - .be actlul o,-er again. But for my pa.rt I take all this a,t.

8S

in'oLably it is meant, in pleasantry; aDd in tl'Util, I fèal' ll$ little frulli this part of the learned gelltleman'.s argu- Ull'ut, as he probably docs (I'om the pOI)e, the pretender, or the catholic plot he talks of. I shall therefore, knowing as we all (10, whu the i are tllat compose the - bulk of the Rom ul catholics in this city, content my.. self uy SllJ1POS;-'lg that they will not give the city to the En;lish. K 0, not even if the ttoOp of his holiness himself, houhl join in alliance with the British to in- ya,-lc it. A.ud I maintain in the presence of my clients, alHI in their name, that doctrine hohll

and firmlJ. That though the catholic:; must acknowledge the pope as su- premß head of their church, yet the T know, their duty as citizens would oùlige them to resist him as a temporal I rÏnce, if in tha't Ch:lr icter, he should make ",ar upon that c.)u I i'Y, which s theirs, alHI theirs by choice, the strong- est " all tics. Yes,alld if the government was too slow in prt1á(linS them with arms, the - would with their pick- a e, Ol' their 5Spade, or their cart-rnng, or paradyellture, so,w' old anctificd hine lah, the trophy of da Ys that are. PLt t. drin the enemy fl'Olll his cannon, as it has hap- })enPf IJt'Îore. '1' his is my supposition. .An{I I suppose further. that there is one only way to make such per- '5ons dLlugf'r )i S: that is. to put their clcrgJman in pri- SO l for not be::raJing the most hoI>- of all engagemen toward GmI or man. 'Vhru m.y learncutle.u3.ß to S,uith's histOl'Y of New- Yark, "here it is fully detaj)rd. .Hut I will tell him fUL,ther that if he should prcyail so far as to do awa ' the strong and \\"1101('.,ome proyision of our cOHstitution he Juight himsplf that instant become a nwmlJer not of n }notestant, hut of n catholic cOI11.h'J. For" hrn Lord K?n:fon in Duharre's case ohser,-rd. the cathn1ie l'l'li- ginn is not }lOIC' known to the Ian s of ) llgland, it W.IS bef;ul' e the sbtutf' hool\:s had established anothrl" in its
 * place. Hut all En:;1ish statutr

3re abro atpd in tl-is state. and I should he gl:Hl to know" hat el r prcyput... tÌle catholic religion from f){"in th' common law of thi hI nd, '3.S it was of England before those tatutes? 'Ve kno\'{ tbat it was the cmnmOl1 Ia,,', and that the fatltrl"s of the law a "ell f S thc fathrr-, of the church, were catho- li s! AJfretl antl Edw:u'(l, Britol1 ßracton. Glan- ,'iH, IIeuglH\ln thp authors of thp )Iirror ß)U] Fleta,
 * Hul many more such, were all catholics: and to

ero,,' n the list, the rryeret1 Sir 'rhomas ...\Iom'r. at once hoth witty, wise awl grp'lt. 1 he patron of judges, the elegant e.oneSl}Olldent of Era mus, lost!tis head

8J

upon t11 bloc'k f01' adhering to hii religion. and oppo-

ing the lust uf a J, ing. net let DO Uli1U be allrmetl. ".,. e claim no suprem - cy. 'Y e eck nothing Lut pure and perfect equalit)-. }""t'om the bottom of uur hearts we siucel'el y tolerate you alL 'Ye wiUl:tJ bands on none of Jon, for 'ol1r "01'- ship or profes ion; Rnd for ourselyes. we claim neither more nor less. Hand off on all sides. \nù if any of you arc aggrien d we will inyoke the constitution in :rOllr fa your, as \\ e do in our 0\\ u. " e win join "ith all good citizens in loying, respectin, and defPIHlillg it J "(Jr it is our own. If the protestant dissen er!ô', as the En;lish term goes, are not so fooìi h, so neither aloe we so simple, as not to know the diirerence between the toleration act of England. and the toleration of the con"titution of New - Y orlc The one maJ ease the load, but the other takes it off. 'rhe fornler is from oue set of subjects to another; the lattrl is a compact be- tween freemen. Let us have our IiglJts to-daJ, that ,,,hen it fall.; to our turn to jLHl p. t(!.; it m:1Y to morrow, we ffi3.Y know of Ir. no preferel ce or di crimination." Ever r citizen here is in his own countl'J. 'ro the pro- testant it i!" a ]H'oi.cstant country; to the catllOlic, a ca- tholic counÜ' ': an(l the jew, if he l}lcases. may es.. tahlish in it his K ew Jerusalem. :x ot onlJT so, but tll S ,.crjY plank upon which I stand, foS long as I continue to occuPJ it in arguing this cause.. is mJ. cntholic plank; antI if this gentlemRn be a calvinist, that, he stands upon, is his calvinist plank. Thrse sa -ing :ne homc- IJ! K 0 mattcr; they arl' I)Jain. I wish to be plain; Y('Q. plain-past all mistakin5. A. r am a friend to catholic , I wønl{l ftO baytð theet Ye. ed ; were I their

.,

RI\

ellem ', and HlU:Jf;11i them dangerous, I should not gi\"e tbem sur l :ulvantage. _\s to this idea uf danger to the tate, fl'om the s cre- cy enjoiu{'{l on the coufrssor Ly th\' cathulic church it is quite strause at this timp of da . to call it in cluestiull, as dallgel'ou to any state, seeÏlIg it 1m., l'xistrd since christianity, uuder aU the Y.lrious forms nnd modula- tions of civilized societ -. Inclecd, if this tenet roul<1 therefore a of- ten as he finds his c{'nscicncp oppres erl "ith the gnilt \}f his ofl>encps, he cans for one of his priests: and haying run o'rer a catalogue of his sins, be a ks of him pnrllon ftutl fOl'gh-elles . And wh t i Iâost absurd or aU, he is so stupid ns to helieve. th.at if hi Ghostly F:ltIH>r, af[cr he has heard all his villainies in his Lar, docs hut prm10uncc three or four I.Jatin words o\-er his ceacI, his sins are foq;i,-en him. although lJß had ne\-er had an - thoughts of amcndmcnt. ur intention tp for ftke his wickedness.'.

There spake bigoh'J! .. 'rhr l)apist tì,zlly rep,'esc1lted. believes it (1anH a.- hle in ny 1'rii:;ion to make od'3 of Jnen. Ho,"cyer he

88.

fi-rmty holfh;, iI'at wheu Christ speaking to his apostles; said. .lvllli x. 2 . Ileceive!!p the hul!J Gkost; lcllOse SillS '!jOll shall fOl'gire, they al'e jòìbÜ'en; Ct"1ild l{"lwse sins you shall ,"elain. theý are " etained; he g:lYC them, and their succe,ssors. the hishops and priests of the ca- tholic churck.. author1t - to ahsoh'c an - trilly penitent sinner frolll his sins. \.ntl Gud having thus gh'ell thein the millist"!J of ,'ec01.ciliatio;l. and mad( t;,[nl Ch;"isfs le;ates.2 COì". '". 18. 19. 20. Cln'ist"s ministe1's and the clispensn's of tlze m!Jsteries of Cln'ist. 1 (YOl". h". A.wl gh pn them pOICel" that 1dlOsoeL'EP tlze!J'.loúscc7 on em'VL shall be loosed in hrlwen. ..11att. x,Tiii. 18. lIe unt10uhteflly hl'lipves, that "ho l}ever cOU::.es to thenl Jll'lking a sincere and humhlc confession of his sins, with a true I'Cpl'lltancc allJ a firm purpose of amendment, and a heart . rcsolution of turning fl'om his eyil waj-"s, may fron1 them receive ahsolution, b - the authori(y gi\ en them fl'om hean'n: aIhl no doubt but God ratifics nboye thr sentence pronounced in that h'ihunal: loosing in lU'(H'Cll u'lwtðoet'er' is CUtS 10DsNZ b!J them on em'th. AIHI that, "hosoen r comes ,"ithout the duc prepm'ation, ,vithont a l'l'pentance from the hottom of his IH'art, awl real iatention of fOl"s3.king hi sins, receives lÌo hcnefit L . the ah olnfioll; but ad(l., sin to in h ' a hi;"h con- tempt of Goù\; mcrc -, aud abuse of his sacraments."

There sl)akc clua'ity!-Let U chuse betwecn them.

No wonder then, this latter bring the true character uf cnnfes:"iion, if the IJitterest enemies of the catholic fai. it hayc stilll'Pspected it ; and that dis<.'prning minds 'haYß acknowle{l:;ed t
 * e many benefits society lnight

8.9

þtuctically Yf.alJ fl'om it, ahstrade{l from its religiou character. It llas. I dare say, been oftener attacked by sarcasm than by good FJense. The gentleman "]10 ar gued against us, has resl)ected himself too much to em ploy that weal)on, aEJ 1 helieye he has said all that t;oüd sense could luge againl)t it, ,yhich we h.ke in very good part. Eut whih !l1Ïs or(iinance has bce,n openly exposed to scoff and ridicule, its eÀcellence has been concealed by the very secrecy it enjoins. If it letl to licentious- ness 01' t1anger, that licentiousness, 01" that dal1grr, "ouItl haye come to light, find there ,vGuld lJe tongues. (&uough to tell it. '\Thilst on the other han(], its ntH:-. 1t y can never be proye{l by instances, because it can.. not be shewn how DìallY Imve been s n-e{l by it . lIow many of the young of both sexes, have been.. ill the most critical juncture of their lives, admonishcd from the commission of some fatal crime, that would have bl'ought the parents hoary hairs Witll sorro,v to the grayc. '.fhcse are secrets that can not be revealed.. Since however, the an nnrs that Jeacl to vice are manj- and alluring; is it not ,,'en that some Olle should be open to therepentin sinner, where tlle fear of punishment and of the worhrs scorn, may not deter the Jet wavering con- vert? If the road to destruction, is easy and smooth.: s-i.facilis clesce11811s u.reT1zi, may it not consist with wis -- dom antI polic Y, that thel"e be one silent, secret patlJ 1 'where the doubting penitent may be invitß(1 to turn. asid{A and escape the throng .that hurries him along? Sotne; retreat, w]Jcre, as in the bosom of a holy hermit, "triib ín the shade of innocence and peace, the pilgrim of thii\. .c:'hcrqnercd life, may draw new j!J pjriffipuJ ? 'rÿ' t 1"

Û

u}(1 l't'})ûS-e. It" the tlwusanù "ay of errur, are tricked '\, ith ilowcrs, is it so wrong that somewhere thcre shuuld be a SUI'e and gentle friend, ,rJlO has no intl'rest to IJc- tl'a r, illJ earl', but that of ministering to the incipicnt cure? rrhe

Ten songs and Llandisluncnfs of pleasure, ma lead the youn amI tenllcr heart astray, an{l the repul- sive frO\Yll of stern authority, furl)i(l return. One step then gaincd or lost, is victorJT or deaUl. ]..Aet me then a'3k -ou that are parent , which" QuId you prefer, tlmt the chilel of J.our hopec should pursue the COUl' e of ruin, and continue with the compaJlions of debuuch and crime, or tUI'n to the confessiunal, where if compunction could once bring him, unc gentle word, one well time(l mhnonitioll. one friendly turn by the haml might an. )'OUl' child from ruin, an(1 Tour heart from unavailin sorrow? ...\ntl if the harfll ned sinner, the JUu.'llerer, the- rutlLer, or conspir'ator, can once be brought to lJOW his stubborn spirit, and kneel before ùi frail fellow man, invite bim to l)follounce a penance suited to his crimes, an (1 seek sah-ation through a full repentance, there is 111ure gained, than by the bloolliest pectac1c of terror, tJmn though his mangle limbs were brol{( 11 on the wheel, his bO(l ' gihbettctl or given to tIIC fnw} of the air. If thcse reflcctions ha \"e any ,,"eight at aU; if this pic- ture he but true in any part, 1)etter forbear and lcayc thing as they are, than too rashly sacrifice to jealous donbt . or shallow lidicule, an ordinance sanctioncd JJ - antitluit ", antI founded on exprricllre of Dl:lU:'S na- tIu'c. For if it were possible for eycn faith, that l'emOY{'
 * mountains, as tJlCY sa

.. to alter this, and wHh it t( aholish the whole f:tbrick, of which it is a ,"ital part, what next woul(l follow? Hunùreùs of millions of chri '-

91

tlanc; would be et adrift from all religious fa tf>uin ! 'l'" ouid it he Lett{>r to have so many athei5[:; HUHl!SO many dll+,.tian ? Or if not, what chnl'ch is fitted to }'e- ceive into its ho...om. this reat majorit . of aU the ch..js- tian wm'ld. Is it determined whether they shall Lc- come jews or philanthropist9, Chinese or )Iahommedans. 1 1therans or cal r!nisb. hrrptists or brownisL, material" ist , uuivPl"salists or clestructio!lists, arians, trillital'ians, l>reshJlcrians, baxteri.\ns, sahlJatariaus, or millcnarian . mora:drrns, antinomians or san.demanians, jumpers or (lunker , shakers or quaker , burgers kh-kers inllepen- dC'nts, coven nter!3. puritan , Hlltclún nialls. Johnson- ian--=. 01" n:::!;:;letollian . I doubt not, that in cyery scct ihat I b ve n med, there are gootl men, and if there be, I trust t!lry will an find mercy, but chieflJ so as they are charitable eacb to his neigbbour. Au(I wIlY should t.hey be otherwi e? The gospel enjoins it ; the constitu- tion ordains it. Intolerance in this country con 1(1 pro- crc(l frmu nothing bat a diseased affection of the pia matel", or the spleen. The constitution i remediate of many ulischief43, antI must be liberally construed. It is also (leclarator -, antI prononnces tolcr3.tion. 'Yhat toleration ? Not that ex- otic aIul sickl - plant, that in other countries subsists by culture, bearing few blossoms and no fruit. No, but that in--ligenous tree, whose preaf\illg branches streteh towal'(ls the hcayens-in which the Ilath-e eagle builds bis I1C t. It is holya:3 the Drui(l's oak alIll sacrilege to 'Wonnd it. If it,:; antl10fs are rct alive, or if looking down from a happie}' r..JJOde, they have now any care of mor- tal thin

, ho" must they rejoice to see it flourish, to see t!la all thN'(' ('lttJ.rdlP . are bu.t fiO many temples of on('

9

ßflly línug t;oð, fl'Olll whence bis \"ot'slUl)I)( l' no lon; l

al1y forth ,,,"Hit tusk and born to gore each other, but Dlect Hke sheep, that are of one shcpherd, but of anoth- ér fold. If my neighbour cleaves to his own wife, "ball I quarrel that he tloes not prefer mine. and lo\'c her bet- ter; and if be loves his own religion better, is that a ground of enmity? I think it should nut. 'rhe prrs.. byterian may assert the indeprudent tenets of his cllln-ch,

et greet his catholic brother in gentleness and ch:u-ity, fearing no eyil, thinking no cyil. I et. fhp 1>ea eful fl'iend enjoy without molestation his silent devotion, his solemn lDeditation find his Ínwar(llwayer, his simple communi- cation, by yea anti nay, by thec an(1 thou. In likè manner, let the methodist indulge the enthusiastic extacies of his dè,'otion, witll'out unkindness to bis fello,,,' citizen. I..et the episcopalian, Inorc like the catholic, add music, s}lew alHl cermnoDJ, to charm the senses an(l fix the wander- ing attention. I have been (lucate(I ill that church. I am 1\0 bigot, I see in it no certain token of exclusive g'Jwace, an(l yet I claim the right to love it above all others, if o I am disIJose{I ; and I turn to it \\ itb the mOl'e affection because those nearest and dearest to IDa, by eveJ'Y mol" tal tie., have been, anti are its ministers, anti have lwen good and virtuous lD n. I challenge for tlle catho1ie, the self same right, and I should despise }lim as I shoultl myself, if force or violence shouhl make him swer\-e from allY tenet of a religion which he beW as sacred. It is not however, nor never shall be, an off nce to me, that the pious catholic g10ries in llÍs faith, thai he boasts of the long and uninterrupte(l succession of Christ's vicars, the sanctity of its apostles, the learning of its doctors, the ho1ÏnßSs of its count1ess JnartYl's, its unity, integrity';

93'

eathulidry, and n11o tolic origin; in HIe uniYr.l' ality of ii doctl'incs, dogmatical amI moral: in the unanimity of its councils, in its mirélcle , yictOl'ics :nul suhìiu1P antiC} 1 lÏfy. '''"hat right hayc I to cayil at aU this? It is enough (or Ule, that amongst the fl"if'lllls I hayc had, none hayc been mOl'e true, more IOjal, or lUOl'e nohle heal'fed, than c.atholics have IH'O,"cd. 'Vithout bcil1;; a confessor, I lmve b l'oceellcd to deliyer the D

CI- SIOS OF 'rIlE COUR'r, premi:;ing that the TIl'ut:h 'H're unanimous in their opinion. but had left him to pl'O- noun e the reasons of that f'pinion. and that respoll"i- bililY he had taken upon himself.

III order to criminate the (lefenrlnnts, the l'e\-erenù _\uUiony:Kohlmann, a minister of the jtonH n cathoìir church of this c.it ., has }, l'n called upon as a witJ)e

to declare what he kno\' s on the subject of this prusecu- tion. '.co this (!Ucstioll he h:ïs declinc(l anSì1 cring.. :\11.(1
 * o

9n has stateil in the nlost respectful lllal1nCl" the l'e LSOU!-:::. which govern his conduct. 'fhat all his knowledge re. specting this investigation, is derivc{l from his functions as a minister of the lwmall catholic churdI, in the ad- ministration of penance, one of their seven sacraments; amI that he is 1)Oun{1 by the canons of his church:, alHl by ill(} obligations of his clerical uffice, to the most hn-iola- blp sl'crl'c .-which he cannot infringe, without expo- sing himsp]f to degradation fro n office-to the violation of his own conscience, and to th{} contempt of the cu- tholic world. In corroboration of this statement, n hook entHle(1 " The Catholic Chri tiJ.ll instructed ill the sacl'alllent

sacrifices, rrremonirp., alltl oLser,-anccs f'f the church, by the late ï'i ht rcn l'end it. Chh1houn, D. D." has been (lnoted "hich drcJarc . "That b

the law ofGOlI and his clmrch. whatever is tlcc1arell in confession, can. Drver be (liscovered, djl'cct1J or indirectl

, to anJ onc_, npon any account whatsoever. but remnin an eternal srcret het" een God mHI the penitent soul-of which the onfessOl' cannot, c'"en to sa'-c llis own liîe, makf' 3.n

use at all to the )1cnitent"s disc,fedit, dis:ulnllltilg{A: or nnJ other grieyance whatc;;ocver." ' idc DrCl'etmll Innocelltie XI. die 18 No, ember, Anno. 1. üb (pa;;e. t20) and the same hook also saJs that penance is a sa- crament, and consists, on the part of the penitent:, or three things.. to wit-contrition, confession, aull saii faction on thp part uf the minister in the absolution 1)1'0 l10unced h:r the authority of Jesus Christ.

rhe question then i . whether a Roman catholic pl'-est 51mH he rompelled to disclose what be has receh r - pd in. confc.c;;inn,-in yiolütion of his c{m cien.ce. f)f }1Ï

97

clerical Cl1gagfments, and of the canons of his c.hurc}1,. amI with a certainty of being stripped of his sacred func- tion

and cut off from religious communion an(l social intercourec with the ùcnomination to which he be- lon 3. Thi.;; is an important enquir y; It is important to tllC church upon which it has a particular bearing. It is important to all religious denominations, because it in- voIn.'s a principle which m y in its practical operation affect them all ; we have therefore, deyotcli the few nlO- J'ùents which we c,ould spare, to an cxposition of the rea- sons that have gon rned our unanimous opinion: But lJefore we enter upon this investigation, w.e think. it but an act of justice to all concerned ill it, to state, that it has been manage(l with fairness, candour, and a liberal spirit, an(l that the counsel on both sides have displa -ed gl:eat leal"ning ana ahility; and it is due particularl T to the. public prosecutors, to say, that neitbel' in the initiation nor conducting of this prosecution, has there been mani- fested the least dis{>osition to trespass upon the rights of conscience-and it is cquan r due to the reverend Ir. Kohlnlann to mention: that the artic1es stoìen, were de- delivcrCll by him to the police, for the benefit of the oWllcr5, in consequence of the efficac.y of his admonitions to the offcndcr, when the:r would otherwise, in all pro- babililJ, ha,-e been retained, and. that hi conduct has been mm-ked bjT a laudable regard for the laws of the counh' -, and thc duties of his holy office. It is a general rule, that cVQr T man when legall T cal- led upon to testify as a witness, must relate all he J nows. This is essential to the t\clministratioQ gf c:ivil and eriminal jnc::tirp.

"'l

!f8

But to thic; rule there are severa} exceptions-a lms.- han(l mHl wife cannot testify against ('at'll other, eÀcrpt for personal ag rrssions-nor can au attornr)y or coun- sellor, be foreetl to l'cyeal the communieations of his client-nor is a 1ll:l11 ohli;;ed to ans" er an y question. the ans\\ crin; of ,...hi(']) may oh1i;c him to accuse Jlim..;df of a crime, or suhj ct him to penalties or punishment. In thc case of Lorel ..:\Iclvillr, upon a "itne s dcdi- nin; to testit ., lest bc might render hÏmself liahle to ft cÏ\-il action, the question was l'rfrrt'cd to the twelve judges and eight, together win1 the lord high chanceJ- lor, a;ainst four, 'H're of opinion, that he was lJOImtl to

nIS\\ ere 'ro remove the (loubt which grew out of this eolli ion, an act of parliall11'nt was passed, deda ring .. that a wihJPss cannot h -la w, rrfuse to answer a que!o}tion relevant to thc matter in issue, the answering of w hieh has no trlldeney to accuse himself, or to e po..e him to
 * t pena1t

y or forfeiture of aUJ naturc whateYl'r, by rea on onlJ, or on the slJ]e grolllHl that the an"wrring of such fllH'stion, may estahlish or tend to estahlish that hr O'H'S a debt, or is othen\ ise sl hject to a ci,.il suit. eÏthrl' at. the instance of hi majestJ or of any other person or prl'- c.;Oll ." rrhis stahltc has settled the h.w in Great Rr1- tain. 'The point in thi!"ò statl luay be r.onsitlered as res non adjudicata-hut I have little duuLt that when de- termined, the t'xe,tujHion from answering of a "itne5s so cÍrcumstancetl will ,c established. 'Yhdhcr a "itness i:5 hound to answer a quèstion: which ]mt y di';; l'acc or degratle him or sti;m:ltize him l)y HIe acknowledgment of o.ffl'ncrs which ban:> brcll pardoncd or pHni hpd, or b:i the ronfe sjon of sin:5 Ol' yices which n;.ay aired the purity of hi character, antI

00

the 1'e pectabilitJ of his standing in society, without ren deriug him ohnoxious to punishment, is a questiùn in. ,"olved in much ohscuritr_ :md :lhout which thrl'p is R ,,-a.l'iety of doctrine, aInl a coni ion of adjudications.

.\fter cal'efull - examining this suhject, we are. of opi- nion that such 3. witncs

ou ht not to be compelled to answer. 'rile fJelH ,-oleut antI just prillciples of the common law, gnar(l with the most scrupulous circum- spection, ag.tinst temptations to peljurJ, and ag\tinst a. violation of mOl'al feeling; ulli what greater Ï1uluce- lllcnt can thcre be for the perpetration of this offence) than p1acinõ a man beh\-ecn sc -na and CharJbdis, a!Hl in such an :H\ ful dilcnm.w. that h must either yio. b.tc his oath, or proclaim his' famy in the face of da -, amI in the pl'e eJlce of a scpffing multitude? .A.lid is there not something (Ine to the feelings of human l1ature, which revolt with horror at an :lYO\\ a1 that must e clude the \\ itnrss fl'om the palc of deccnt socie(v .and suhjcct him to that degradation which is as frequently the calise as the eonscfluellce of crime ? One of the earliest cases we meet win. on tllis suhject, is that of Cooke (-1< 8t. r'r. 7'-18. 8alk1'e1<1, 1J3-) whu being indicted for treason, in ordcr to foun(l a challcnge for cause, asked a jlU'ol' whether he halillot said he believed him guiltJ. I'he VI hole Cmu:t deter- mined he was not obli;;cll to answer the fluestiuu-and I ord hief Justice "reb)y sail\. -. it'll ha,-c l)('en a!Sk- ell "hethel' the - havl' bcen con, icted and parùuned for felou T, or whether tllP r havp becn whipped for petit Ivreell T_ ana th{' haxe not been ohliged to auswer for though their ans,,-er in the aflirmatiyc will not Inak thClll criminal nor subject to punishment, :yct they

100

.1're mnftrrs of infamy, and if it be r..n" intñ1UoU thing, thafs enough to pre!o;eryc a man from being hound to answer. A pardoned man is nut guilty; his crime is purged; but merely for the reproach of it, it shall not be put upon him to answer a question whereupon he ,vill be forced to forswear or disgtoace him." In the case of Rex, "s. I...ewis and othm's (1: Espi- nasses nisi prius cas s, 2.25) lhe witness was asked if he hall not becn in the house of correcl.ÏoD, in Sussex. Lot'(1 Ellenborough, re1Jing upon the opinion jll t quo- ted declared. that a ,vitness "as not bound to answer any question, the ohject of which was to degrade or render him infamous. In the cas of l\Iac Br.ide, vs.

Iac Bride (same hook 243) Lor(l .A.h-anl:r, on a wit- lless being asked whethet" she lived in a state or conen... binage with the plaintiff, ovcrrulc(l the queslioll, saJillg, that he thought questions as to gen{'ral conduct, might 'be asked, but not such as weut immediately to degrade the witness, and concluded by sa:ring, "I think those questions only should not be asked, ,vhich have. a di- rect and imnle(liate effect to disgracp, or disparage the witness." In the supl' me COUl't of N e" -J er ey (Peunington's Repol'ts, the State, vs. Bailey, 4-15) the following ques- tion was proposed to a witness. Have you bepn con.. victe(l of petit larceny anti punishe(l? The Court after argument {lecided, that a witness could be asked no question, which in its answer might tend to disgl'ace or dishonor him and t}lerefol'e, ill the pal'ticular case the witness was not bOllIUI to answer the question. In the case of Bell, an insolvent (lehtoI', whicb oecur- lad in the Court of Common Plias, for the :8.rst Judicial

,

fOf

District of Pennsylvania (Brownr's Rpports, 376) a que5tion was aske(l the fatÌler of the in olvent, which went to impeach RIHI invalidate a judgement be ]Ja(l against the insolvent, which question the Court oYe.r ruled. RliSh, the President, sRJing, "I have 'always on l"rllied a question that would affect a witne s cirill!l, or subject him to a c'r"iminal p"OSeCllti01l; I h8.Ye gone farther, and where the answer to a (luestioll wouhl cover the witness with ÙzfOlll!l 01' shame, I have refused to compel him to answer it. ' In the cas of Jackson ex denl 'V yckoff, vs. Hum- f,hrey (t Johnson"s Rel)Ql'ts <-I.9S) a deed was attemptC'll to be iuvalillated at the circuit, b;{ the testimony of the judge, taking the pI'oof on the groun(l that the proof it was taken in Can ula, and also, that the subscribing ,vitness coulll not have known the facts respecting the idputity of the grantor, as testified b " him before tl){ judge who took the proof, antI also to impeach the gene- ral character of the witness. The testimony was oYer- rule(l by the judge, and a verdict found for the plaintiff, an(l a motion for a new trial prcnlilrd. 'file Court de. claring, that "The judge, ùcfore ,vhom the proof of tbe dced was made, was a competent \\ itness to pro\"o that it was done in Canada, and if that fact be estab- lished the proof was illegal and yoid. 'rhougb tht: jndf;e ,,-as a competent witness, he It'ollid 110t h(æe beeu, LOllnd to æflSlce1' ll11!J questions imp oIling the integ"J"ily of his conductas a jJllblic ojJice1 tilt' genet'al if not establishetl practicQ of our Courts to excuse a" itne!is from answering questions which relate 10 sexual intl'l'colll'sr, in actions brought for a hreaclt of promise of marriage. or by parfftt'3 for f' ductin
 * " and we bl'1ieve it to be

iON

,\- e ]:aye gone more parLicnlar1y 111lO Hå branch of 1 he sul jcct, because it bas a ,.cry intimate COHIl('"\.ion with the lJoiut in f]ucstion. K one of these 111'oIJosi- HUlls-that II 'll'itness is not obliged to l'U1!fess a cl"imc, 01" su ject himself to a penaltl/, 01" to impail. OJ' iuJLU'e his cidll"ights úy his testimo'tty-oJ" tu proclaim his tUJ'pi- tade 01. illlnzoralil:/, can he considcred as incluclin wilh- in its pun'iew, the precise case hefure n . 'rhry aU, llO" rYer tonch upon it, in a greater or less degrce. "TUb the c cl'ption of the sr.. ond position there is this

tron; differenl'c. they arc retrospective alilt refer to rast conduct. whereas ill the ca e now pendin;. if we decide that the witne 3 shan te ti , , we IH"cscrihe a cour!ooe. of conduct h)- which he "ill violate his spirihw.l dll ie . suhject hilll e1f to tempOl'alloss, and p.erpetrate a dee(l uf infamy. Ii he commits an Un"ellCC against relif;iun; if he is d{'prin d of his office and of his bread. mill thrown forlorn and naked upon tI:c "ide world an uhject for the hand of scorn, to point its slo,v
 * llHl moving finger at, "e must eonsider that this Cfill-

llüt he done without um' participation and coercion. There can he no douht but that tilt-' witness does cou- sider, that his swerill on this occasiun, "would be such a lcigh handed o1"enee against rrligioll, that it wouhl e posc him to punishment in a future fitate-and it must 1n conceded by all, that it ,vcmhl suhject him to l)rivations and (li

l'ace in this world. It is trne, that be would not be ubnoxious to criminal puni lnnent, hut the reason why he is excused" here ]JP ,,"oultl be liahle to such puni lnnent, applies with greater force to thi case. wher(' his sufferings would he aggranttc(l hy the compunctious yi'Sitin s of a wounded conscience,

j03

aUlI HIe glo0DIY pcrspecth"c of a dl'callful hfJ'e(ljt r ; a1thou oo h he would not Jose an ('stafr, or compromit a ., ch-ill'jght, yf't lic wou1<1 he deprived of his; Olll r menll ûf sJJpport and subsistencr-aull altho:1!?'h he would not confess a crime, 01" acknon ledge his illfnm .,

ct he wùuld act au otl"cncc a;ainst high hNl\"en. Hl(l seal his dis r[lcP in the presrllce of his assemblc(l friends, alHl to the afflictioll of a ber aved church and a wcrplng COll- grpgatinn. It {'annot therefore, for a monlent he helie,-pll, that t1lC mild aud just priuriples of the common Law. woulll pla.ce the witness in such a dl'eallful pL'cdicament; in such a horrihle dilemmn, between perjury alHI false swcêtring: If he tells the tpJth he violates his ecclesiasti- (,.ill oath-If 1)(> prevaricates be violates his judicial oath. - 'Vhether he }ips, or whethcL' he testifies the truth he Í.., wic1æd, amI it is impossible for him to act \, ithout act- ing against the la \\ s of l'editude and the light of COll- 8Clcncc. 'rile only course is, for the court to {]eelarc t11at he s11aU not testify Ol' act at al1. \nd a court prescribing a ditlerent conrse nlust be goyernrd by feelings and views Yl ì'J-- (lift"ei'('ut from those which enter into the rmu- l)osition of a just and enlightened tribunal, that lok "ith a propitious ('JT upon the religious fceliu;s of man- ]dnd and which c1ispens s with an efIual haull the uni- vel'sal and immutal-le elements of justice. There are no express adjudications in the British. courts applietl to similar or analogous cases, which con- tradict the illÎerences to be dra\) II from the grneral prin- ciples which have heen discussed and estahlishcd ill the {'l\r e of th.i iuvcstiga.ti01:t: 'rwo only hayc been poil1-

10-1

ted out as in au l'rspect analogou , "luch we slmU noW proceml to conside... 'In the case of Du Barre &c" (Peake's cases at nisi lwius 77) the followiut; question was agitated, whether as the Dcfendant was a F."('flchm:tll who did not under. stand the Eng1iloth lan nage mul bi attorney not under.. 8tallding :French was ohli;.;ccl tn comnnulÏcate with hinl }}J an illteqn-eter, the iuteqn-eter OUg1lt to be permitted to gh'e evidence, the Drfclldant"s Cuullsel contending that this was a conii(lcnce which ought not to be broken, Lord I enJon decided that the interpreter!õ'hould only reveal such cOllyersation 8" he had with the Dcfendant in t1Ie absence of the attorne .. Garrow for the Piailltiñ. said that a case much stronger than this ha(l been lately de- terminc(l hy).{r. Justicp nuBer, on the K orthern Circuit. That was a case in which the life of the prisoncr was at stake. 'rile name of it ,,-as, The J{ing, ,-so Spar]{e . 'There the pl"i!-ioner being a Papist had ma.le a confeso- sion before a Prot(' ,,"hidl be was indicte(l flwl that confession was p\'rmitted to be given in e\"i(lencc on the trial, and he was convic- ted and executc(1. Lord licn.ron UIJOU this remarked, "I should have pausc(l before I a(lmitteli the eyidenee ]Jere admitted." The casc referred to hj" Garrow, is liahle to!'cveral criticisms anel olJjections. In the first place it ,vas state by a Counsel in the cause, an(l,is therefore liable to those errors and peryel''òiol1s whid} grow out of that situation. Secondl)T, it i thp determination cf a single J udse, in tIle hurry of n circuit, ,,-hen a deri ion mu t be maf1e prompt1y, ,vithout time for {lellberation, or consu1tatioH:
 * tallt Olergyman of the crime, f01"

nd with.out an opportunity for re lIrrcnc to bookc;:.

10,,)

'fhirlll" it is vil.tually oycrtul'ned by T orc1 Kl nvon ." " oJ 01 .who ccrtainlJ censures it with as l11uch e.xplidtnes9 aq one Judge cau_ impeach the decision of his colleague, without departing from jUllidal decorum. :Fourthl ., the deposita!'.r of the secret W lS a Protesta nt Clergyman, wh\J did Hot l'cceive it under the seal of a sacrament, Rn(I nuder l'eli2)ious oblig tiolls of secrecy, and would not, therefore, be l'xposell to ecclesiastical degradation amI universal obloquy b

promnlg ting it.-_\ncl lastly, the decision of )11'. Justiee R!lller, was, to say the least, e1'- ron ous ; for when ,1 man under the af;onics of an atllich (l cOllscicnee amI the disquietudes of a perturbpll mind, ap- plies to a minister of the \.llllighty, l.tJs bare his bosom filled with guilt, and opens llis heal't black ',\ liIL crime) and solicits from him ad,-ice 3.n(1 consolation, i - this bour of penitrnce and remorse. and when this confes- sion and di closure IU:lY he fol1owrd by the mo t saluta1'Y effects UpO ) thc religious principles au(l futurc conduct of the penitent, atHI m;:l - open to him IU"ospects whicL. may bless the remnant of his life, with the soul's calm. sunshine anll the heart-felt jo

, without interfering with the interesb of societJ-. surely the cstablisluncnt of a rule. t1u'iHYing aU these pleasing l)fo pects into shade, and" prostr,tting the relation between the penitent and the com- forter, between the YotarJ an(l the minister of religion} must be prononnced a heresy in our legal code. ".rhe other case was decided by Sir ::\Iichael lUith, )Ias- ter of the Rolls of Ireland. On the ,2-Hh Febual'Y 180.2, (.2 )I' anJ', 153) a bill wa filed pra.yingto be {lecreed the estates of the late Lor(l DUlllJo -ne, by the heir at law, who al1t>f;ccl that the will, ulldl'l' which the De. r 1111ant elahaed wa a uunit

1 as Lord Duuho) lle bay. o

1u6

iug been 3. Popish Priest, and having cont"ol'mecl :llull'e.. lapse(l to l opery, luul no power lo make a \\ ill. Issue was joined, and the Plaintin"IH'o(luced the Reveren(l)Ir. Gahau a CI('l"gyman of the church of lloUlc, to he ex- amiued, anll interrogatories to the following effect, wrl'r among others, exhibited to ltim:, 'Vhat TIeligion dill the late Lord ]Jullboyne profess fl'om the Jcar 1;'83 to thl' -ear 179.2? ''' hat n.eligion did he profess at the time of his (leath, and a short time before his death ?.. 'rhe witnc s auswpretllo the first part, viz. that" I ord J)nnboyup [Jl'ofe:;scd the Protestant religion during the time, &c. hut tlemztl'l'ecl to the la.tter part in this wa -, ,. Tim! his knowlc<1 upon adjudication iu}u'ejudicc of h;s i\ r gions freedom. The benign spirit of toleration, and the m.lxims of m\ enlightenrll polic T, have l'ecently
 * lmeliorate{l his condilion, and win undoubtedly, in pro-

cess of time. place him on tll( same footing with his Pro- frs' tot brethren: hut until he stalHls upon the brmHl])c. d.'stal of equal ri2;ht"" rll1aucipatefl from tlIp most unjust thraldom. we cannot hut look with a jra lOllS e -e upon nll ll cisions which felter him or rin t his ("hains. ]}llt there is a very m:uked distinction heh, een that case, lnd the case nuw under consiclf'ration. 'rhe Rl".- crend _'Ir. Gahan (lill not pretend that he deriyed hi information from Lord Dunbo -ne, in the way of a sacra- Inent. but onl . as a confhlential communication: he wouhl not therefore be e pos('(l h - a }1romuI3ation. to degral1a- tiol1. breacÌl of oath , and a violation of his clerical tluties. TIut thc only imputation wouItI he OIL his personal honor
 * ).s

1 hentleman. Penance iu)")lirs contrition for a sin, confession of a s n. and satisfadion or l'cformation for a sin. Now can COLl'"ersion to the church of ROIlW, in the c -e of a Ro- m ln Catholic Layman. or a l{omun Catholic Prie t, re- quire contrition r confc","ion, .01' reformation? ..\nd if it does not.. a (leclaratioll of such conversion cannot he the sacrament of penance. In Gahan's case there was no sacramrnt. or religious obligation of secrecy. III the case of .L\Ir. ]{ohlmalln there is the strongest that reli- gion can impose, invoh-ing evcI'Y tbing sacred in this world anll prcl'ions in that to come. .But this is a gr at constitutional question, which must not he solely decidl'd by the maximf; of the common law, but by the In'inciples of our goyernmrnt: 'V ë

.tOH

have r.onsi(lerrtl it in a restl"ictrt1 hape. let us no,,, look at it upon more elevated groU1HI; upon the ground t)f fhp constitution of the social comp ct, and of civil aud religious libcrt -. Religion is an aif lir ljctwcen Gotl Rud mau and not hetwcen man and 1113.11. 'rhe laws whirh regulate it nHlst CmanftLC from the Hupreme ]leing, not from human institutions. Eslablished reli;olìs derh. iug their autho- ritJ from man, Ol)l)l' ssin.; other denominations, pre- scribing crceds of orthodoxy and punishing nOll-COIl- formit . m-e repugnant to the first principles of civil and political 1ihci-t y, and in direct collision with thc divine "pit-it of christianHy. Although no human legislator ]IaS a ri;ht to melhlle with religion, 'et the historJ" of the" odd is ft history of oppression and tyranny oyer the conscicnces of men. \.lld the
 * l;.;es who forlUc{1

our constitution, with this in'itructive lesson before their e es, perreÍvc(l the indispensable necessit

of apI}lying a prcycntiti\-e. that would forcyer exclude the introduc- tion of calamities. that have drluged tl) world with tears ::.n(l with blootl. and the fullowillg section was ac- cordinglr rnf)rafte(l in our state constitution: " A_ud "hen'as we are requil'cd I.y the lJcue,'olent IJrinciples of rationallibert

, not only to expel cÏ\-il tJ"- rann -, hut also to guard against tJmt spiritual oppres-
 * -:ion and intolerance

wherewith the bigotry anti ambi- tion of weak and wicked princes ha,'e scourged ßlan- kinll, This COllypution (loth further in the name, and 1) - the authorit - of the good people of this state, ordain dc- termine and tleclare that the free exercise anll enjoJment of religious profession ana worship, without discrimi- nation or pl"f-fercncc: hal1 forever hereafter be allowed

110

" ithin this st ltC, tn all mankÎIuI. l")royiùed, tha.t thr, lihertJ of con cience, hrrehy granted. shall not be so construed as to excuse acts of licentiou ness, or justify IJractices inconsistent with the peace or safety of this state." Considering that we ha(l just emergrd from a colonial

tate, and "ere infect{'(l with the narrow yiews an(1 bigottc(l feelings, which prevailed at that time so strong- IJ aðainst the }tomall Catho1ics, that a pricst ,,-as Hahle to the punishment of death iî he came into the colony, tl1is (le(' laration of reli ð iou9 freNlom, is a wonderful n10nument of the wisd0l 1 l, liherality, amI philanthropy of' its authors. N ext to 'Villiam Penn. the framers of ollr constitution were the first legislators who ha(l ju t yipws of the nature of religious liberty, :uul who estah- 1i hed it uI)On the broad and imprrishaLle has-is of ju,,- tiee, truth, and charitJ: \'Thile we are compelled to remark that this excellent proyision ,yas adopted by a majorit T of one, it is but proppr to sa -, that the colonial !-,tatute against ({oman Catholic Prjests, originate(lmore
 * "rom political than religious considerations. Frhe in-

l1uence which the French ha(l over the six nations, the Iroquois, and which was exercised to the great detriment of the Bl'itish colonies, was scribed to the arts and man- agement of the Jesuits. and it was therefore, in violation of all respect for the rights of consdence, deemed of es- sential importance to interpose the penalty of death against their migration into the colony. .A. provision cOllceive(1 in a spirit of the most IJrofolmll. wisdom. and the most exalted charit T, ought to recri,'e the most liberal construction. A.Hhollgh by the consti. t Iltioll of the U nitt'd States, the po" 61'S of congress df'

111

110t extent} beyond certain enumerat('d ohjects; yel io l)re,-ent the danger of constructive assumptions, the fol- lowing amendment was adopted: "Cungress ball make DO law resp('.ctiug an estahlishment of religion.. or prol1Ïbitin the fl"l e exercise thereof." In this COUJl- try there is no allian e between church and state; no established religion; no tolerated religion-for tolera- tion results from estahlishmcnt-but religious freedOln guaranteed by the constitution, and cOllsecratecl by the social compact. It is essential to the free exercise of a religion, that its ordinances shouhl be administered-that its ceremo- nies as well as its pssentials should be IJrotected. 'rhe sacraments of a religion are its most important elemelIt3. W e han but two in the Protestant Church-Baptism and the Lol'(Ps Supper-and the " arc considere{l the

eals of the coycn:.1nt of gra('e. Suppose that a decision or thi., court, or a law of the sta.te should prC\Tcllt tbt mlminish'ation or one or both of these sacraments, ,vould not the constitution be \Tiolated, and the fl'eedonl of religion be infringc(l? Every Juan" ho hears lUC will answer in the affirmative. 'ViU not the same rc- !mlt follow, if we {leprive the Ronlan catholic of one of his onlinauces? Secret" y is of the essence of penance. The sinner win not confess, 1101' will the priest receive his confession, if the veil of secrecy is removed: '1"0 tlccit1e thn.t the minister shall prOluulgate "That be re- .'eiyes in confession, is to declare that there shall be no penance; alul this important brancb of thc Roman catho- lic religion would be HIllS annihilated. It has been conten(led that the provision of the consti- tution which speaks of practices incousi tent with thp

11

peace or a.fd

of the state, excludes this case from the protectiun of the constitution, aud aulhOl'izcs the inter- ference of this tribunal to coerce the witness. In urder to sustain this position, it must he clearly made uut that the concealm nt observcd in the sacranH nt of penance. i!S a. practice inconsistent "ith the peace or safl>ty of the state. The U/HUft.ll catholic. rdi ion ]I:l e i tc(I from an


 * trly pCl"iod of

hristianitJ-at one time it emhraced al- rno!ô't all e hristrndom, and it now con rs the greater part.

.rhe objcctions ,"hich have berll nuule to penanc, ha\c been th('olopica , not political. rI'he apprehensions which have beCll cntertained of thi rrliðion, have referenrp to the sUIH'cmac T, amI dispen Ún; power, attributed to the bishop of l omc, as hea(l of the catholic church-hut" e arc yet to learn, that the cOllfc sion uf sins has eycr hecn consiclel"l d as of pernicious tcndenc ". in an T other )"l\S- I)ect than its heing a theological error-or its haxing been somctimc:; in the hands of had men, prr\'crtetl .to the pluposes of peculation, all abuse iuseprrable ft'Olll aU human aðcllcies.

rhc dodirinc contended fur, l) - putting h.ypothctical cases, in which the conc{'almcllt of a crime commuuica- tc(l in pcn ncc, might haye a pernicious effect, is fonn. dcd on false reasoning. if not 011 false assumptions: "1"0 attempt to establlsh a general rule, or to lay down a gen- cral}Jroposition ft'olll acdùential cil"culllstances, \\ hich occur but l'ard:r, or from extremc cases, which ma r sometimes happcn in thc infinite yariclJ of human ac- tions, is totally repugnant to the rules of logic and the maxims of law. 'f'he (ll1estion is Hot, whctl}cr penance maJ sometimes cOllllllunicate the existc1:cc of an o.ffcu<:c'

11.3

to a prJest, which he is boun(l by his l'eligion to concea1; and the con e llnent of which, ma y bc a public injluy, but whether the u.ttur ll tendcncy of it is to pt'oduce prac- tices iucoa..istent with the public safety or tranquillity. 'rh 'rc i in f:tct, no secret known to the priest, which would h communicated otherwise, than by confession- an:1 no evil results fl'om this communication-on the con- trary, it :n y be made the insfrument of great good. 'rlu' sinner may he admonishc(l antI conycrted frOln the evil of his wa ?s: 'V nereas if his offence was locked up in hi own hosom, there WOil hI be no ft'iendl ? voicc to re- Co<"' l him fl'OiU hi.s sins, and no paternal hand to point out tu him Hlc roa(l to virtue. 'r lC I.lu lla;e of the constitution i emplrttic anlI strikin . it speaks of acts of lice1ltiousness, of p; actices inconsiste1zt with thc t1 aìlqllillity mlll safety of the state; it h1.S t'cfercuce to SOlllcthing actually, not negatively in. jUI'iol1 . To acts committed, not to acts omitted-to of- fcw'es of a. (lcep (l .e, and of an extensively injurious n:ttnre: It wouhl be stretching it on the rack to say, Jl.Ü it can posç;ibly contemplate the forbearance of a Ro- !lUlll catholic priest, to testify what he has 1'c ceive(l in conl'c:3sion, or that it coultl ever consider the safety of the community in,'olye(l in this question. To assert this as the genuine mC3.uing of the constitution, would he to mock the Ulhlcrstanding, aIIll to l'ender the 1ibCl'ty of cunscience a mere illusioll. It would be to destroy Hie enacting c1ausl' by tIle proyiso-antl to render the exception brOèul r than the rule, to subvert all the prin- ciples of sound reasoning, and overthrow aU the con- ,-ictions of common sense. If a l'cligious sect 'wouhl rise UI) and violate the de- cencies of life) by practicing their religiou rite", in a r

11

tate of nakedness, bJ following incest., and a commulli- t.y of wives If the HinrIoo shouh] attempt to introduce tILe burning uf widow" on the funeral pilt's of their dc- ceaser} 111ls1JalHl, or the Iahomctall his plurality of wives, or the pagan his hacchanalian orgies or human

acrifices. If a fauatical sect should sa.u'ing up, a'3 for mer1y in the cit .. of ...\lullster, anel pull up thr pillars of society, orif any attempt should be ma(Ie to establi h the iU'luisition, then the licentious acts anti dangerous prac- tices, contemplate(] b " the constitution, wouhI exi t, lHl t,he haud of the magistrate woulil be rightfully raisc(ì to chastise the guilty agents. Ent until men unrler pretence of religion, act counter to the fundamental principles of moralitJ, and endanger the well being of the stn.te, thc)' are to be protect tJ in the free exercise of their religion. If the)T arc in error, or if they arc wicked. they are to answer to the Su- Pl-pme Being, not to the unhallowe(l intrusion of frail fallible mortals. '\T" c speak of this question, not in a theological sense, hut in its legal aIul eon titutional heariuos. .\lthough W tlilfer from the wihH'sS anrl his brethren, in our religious creed, )"et we have no reason to fluestion the plll'ity of thcir nlotiveS,01' to impeach tneir good conduct as citi- Lens. 'rhey are protecte(l by the laws anti cOll"titution of this country, in tile fun an,l free exercise of their reli- gion. and this court can never countenance or autllOrize the application of insult to their faith, or of torture tr their consciences.

'I"here heing no cyi(lencc against HIe Defendants. they were aCfpIitte{1.

IRISH PENAL CODE ABRIDGED.

The laro dotlt. best disclTVtr the enormities. .

THESE werethe words of the English Attorney-General, to James I in his celebrated discourse, wherein, without any favour to the bish, be lays open to his master the atrocious courses of their oppressors.. To pursue a tragedy of seven centuries, is not the purpose of this pub- lication; but it is due to the cause, to the court, and above all, to that magistrate who manfully assumed the responsibility of the .reasons ac- companying its unanimous decision, to shew how malignant the sys- tem was, upon which he passed a wise and deliberate animad\-ersion. The massacres, robberies, and perfidies, practised by the Engli!i1h upon the Irish, are no longer buried in doubt, or darkness; they stand upon authorities past aU contradiction; records rescued frem ob- livion, state papers, ofticial reports, charters aud title deerls. The historian who recites them, runs no risk; but if there be still smer ground it is th at of transcribing from the statute book; for when the malice is so settled and confirmed as to become the characteristic ge- nius of the la w for an unintelTupted series of ages, then it may truly be said that" the law best discovers the enormities." 'Vhatever were the ancient glories of the Irish nation, they ,,"cre faded and fallen when the invader found footing on their shores. The rancorous hostilities and petty warfafes of numerous little Kings and tyrants, had merged all national pride; and Irebnd was subdued b}" the vice of Irishmen. It happened to tlu:m as to eve1"y nation whicll exposes rlisunion to a crafty, jealous, and vi ilaf)t enemy. The yoke once put on, is not easH}" shakcn ofT, and ineffectual struggles, but draw the bonds the tighter. Seven ceuturil':ì of mi e- ries have not yet expiated the first fauJt of thE' Irh.h people; but their history is unlike that of Greeks, RomaD or other grea.t people, sub- dued and faUen to brutal ap thr. 1'00 generous to c4uiesce in sIave- ry, and yet too disltnited to join in any great eff\Jrt for death or yic. tOl-Y, they had wasted their strength in desultorr stru2"gle and the same race who in all foreign countl'ies have indh-idually borne off thc palm of constancy and courage, eqnal to f'v('.y ta!'t, anù faithful Q.

116.

to eve!")' lru [, lJave been and still arc treated 8S aliens in their Dath'c land. To give a succinct nnd intelligible view of the statut01'Y code of Ireland, it may be well to divide it chronologically.

FIRST EPOCH.

From the English invasion to the rgormatioll.

The Iri h though far excelling their cotemporaries in refinement and erlnc tion, were neyer known to invade the tenitory of other Dations; but their country was still the seat of hospitality to stran- gers, who resorted there for learning or improvement. Let this short observation s rve as a ptdace to the following English statUles, the earliest that are extant in print. Stat. of KilkeDny, 40. Ed. 3. A. D. 13tH, makes all alliance by marriagp- nurture of iufémts, or gossipred with the hi h, high treason and if any man of En li!'h race, shall use an Irish name, Irish lan- guage, or Irish apparel, 01' an)' other nise or fashion of the I ri h, if he has lands or tenements, the same shall be seized till he has gh ('U SP- cmit), to the chancellor, to conform in all points to the English man- ner of livill!!, aud if he has no lands his body to be taken aud imprison- ed till he find sur ties as aforesaid. Stat. of Trim. 25. Hen. 6. A. D. ] .10.1 7, enacts, that if any be found with thdr uppel. lips unshaven for the space of a fortl!ight, it shall be lawful for an}" man to take them and their goods, and rausom them and their goods as Irish enemies. These ilatutes wcre le\?elled not more against the Irish, than the English settlcr, wbo, WOII from their native ferocity by the social qualities of the Irish, or attracted by the charms of the sex, were trea- tcd as dcgClZLrate Ellglislt," and punished by that title, as the J rish were by the more whimsical title of aliens. 28. Hen. 6. c. 3. A. D. 1450. Commits the puni hment of every offender, to eVt'l}' private liege mall of the King. This is the frankcst charter of murder ëver granted. Stat. Ed. J. c. 2. A. D. 1465. enacts, "'hat it shall be lal\ful for all manuer of men, that find auy theives robbing by day or by night, go- ing 01' coming, to rob or to stca), in or mil, goillg or coming, having no faith Jul man of good name or fame in Ul( ir company, in English appa rei, upon any of the liege people of the ....ing, to take and kill thosr

l1i

and to cut öff their bead.; without any impeachment of our SO'f'el'eigtt Lord the King, his officers, or ministers, or any others; and of any head so cut in the county of :\leath, that the cutter of the said head, and his aidprs there to him, do cause the said bead so cut, to be hrought to the Portreeve of the to wn of 1'rim, and the said POl'treeve shall give him his \\ riting under the seal of the said town, testÏt}'ing the bringing the said head to him. And it shall be lawful for the bringer oí the!'aid head and his aider to the same, to di train and levy with their own hands, of every man having one plough land, one penDY, and of every othCl" cotter having house and smoke, one half-penny; and if the Portreeve shall refuse such certiJicate, he is to forfeit .f10 recoverable by action." . The Irish Brehon law, to which the people were religiously attach- (>d was so humane that no capital punishme.,t was allowed for anl crime whatever. This statute, therefore. must have been pcculiarly atl'O. cious in the cyesof the Irish. 'Yhat is meant by the distinction between l.obbing with a man of good fame in English apparel, aud robhing without such a companion, requires a ker, \\ Mch is only to be found in the gross barbality of the lawgh"ers. Perhaps the English were not only privile ed to rob, but anyone of them, might protect a whùlc gang. Such as it is, this statute was passed under thc auspiccs and im- mediate goYe.rnment of Lionel duke of Clarence, sou. to the king.

LANGUAGE.

28 lIen. 8. c. 15. Every subject of the king inhabiting in this island, sllall, to the uttermost of their power and knowledge, use and speak commonly the English language, and shall euòeavour themselve5 to procurc theh' children (if they have any) to speak the same, and ac- cordìng to thdr abilities, shall bring them up in such places where they shall have occasion to learn the same language, upon pain that every lord spÍl'itual andtempOl'al offending hcrein, shall forfeit for every offence Ut. 13s. 4d. evel'Y lilight and esquire, 31. 68. 3d. evcry

enUeman and merchant 40s. every free-holder and yeoman 20s.evclY husballdm\"!JI, IOs. and every othel' of the ling's subjects within this laud, 3s. 4d. ODe haIf to the king, and the other to the party that will sue for the samc by action of debt, &c. in any ortbe king'8 courts, 1\'herein no essoin, shall be allowed. . If any El""iritual promotion within this land (chargeable \\ ith tl1

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111

pa}"01tDt of first fruits to the king) at any time become void, such as bave title to Dominate, &c. shan nominate, &c. to the same, fiuch a person as call speak English, and none other, unless there be no per- son that can speak Ellglish will accept it; and if the patron cannot up- on inquiry (within three months after such avoidance) get any sucb perbon that cßn 8peak English, to accept the same, then he shall caust" four proclamations to be openly made, at four several market days, in the next market town adjoining to the said spiritual promotion; that if any fit pet"i'on that can speak English, "ill come and take the same, he shall have it: anrl if none come, within five \reeks of the first proclam:ltion, to take the same, then the patron may present any hone6(, able person, albeit he cannot speak English. And if any patron do nominate, &c. one that cannot speak Ellg- lish, conrrarr to the form before recited, and being lawfully convic- ted tbereof, upon inquiry or presentation, before any of the king's jud- ges, then such nomination, &c. shall be voirl, and the king shan nomin- ate, present, 3nrl give the same to any person that can speak English, and no other: and if the king be interrupted, he shall have a Quare Inzpedit ag1.inst the disturber, am} recover the prespntation thereof for (hat time, in like form as he should have dOI)e for any other pre- sentation of his own patron::.ge; and if the king: present any person that cannot peak English, theu the same shall be void, and the pat- lon's former ft to tiland in force.-Sllch presenlation of the kin shall not prejudice those who at that time had right to the same, but that they may (u1-'on the next avoidance) nominate or give, &c. the same as though no such nomination, &c. had been had by the king. Aud every archbishop, bishop, suffragan, and every other, having power to gh e order of priest-hood, deacon, or sub deacon, shall at the time of giving such orders, give a. corporal oatb, to the person so ta- king any of the said orders as aforesaid,1hat he shall to the uttermost of his power, endeavoUl' him!':elf to learn the English tongue and lan-

uage, and use the r ngli'ih order and fashions (if be ma} learn an attain the same by possibility) in the place where his cure or dwelliiJg 3hall be, and shall move and teach all others bein under his govern- ance, to perform the same: l1d every such archbishop, &c. haviIlJ1; POWC1' to admit, &c. any person to any spiritual promotion, shall, at the time thereof, give unto the person so addmitted, &c. a corporal oath, that he hall to his wit and cunning, endeavour himself to learn and teach the English tongue to all under his cure or overnance. and shall hid the heads, and preach the \ford of God in English, (if he

110

(JaD PI'each;) and for his O\\n part shall use the English order and bab.- it, and move as ma.ny as he can to the same, and shall keep, or cause to be kept, within the place or parish where he shall be promoted, a school to learn English, if any children of bis parish come to him to Iearn the same, taking for his salary (for keeping the same) as the eus- 'om of the country is. Every arc.hbishop, bishop, &c. having power to give orders or to admit, &c. otfending herein contrary to the rules aforesaid, shall forfeit for e,'ery time 31. ßs. 8d. one moiety to the king, and the other to that person that will sue for the same as aforesaid.-And every person pro- moted to any spiritual promotion, that does not observe the effect of the said oath, shall (upon conviction thereof as aforesaid) forfeit for the first time 6s. and ad. for the second time 20s. and for the third, all such spiritual promotion; and the pah'on may present 01' give the same to any other sufficient and able person, in like manner and form as if the incumbent were dead.-'.Phis act shan not prejudice any benefi. ced within this land, that are bound to keep residence in any metropo lilan cathedral or collegiate church, not being a student in any univer- sity, or in the kiog's service, or out of the land by the king's com. manrl; but that those 1rho officiate under lhem, shall duriug tbeir ab- sence, teach the English tongue, and keep a school as the act directg upon pain that every such parish.pricßt, for every }rear be omits the -same, shall fOl-feit 20s.-l'his act to take no tjfict until it be openly pro. daim (l in clue form.

SECOND EPOCH.

From the Reformation to tlte Rtvolution.

If the reformed religion had been presented to the Irish under any im-iting or persuasive aspect; if the monarch who established it as law, had been a saint-like personage, of a holy and pious life, and faithful to all the relations of life; constant and steady in his own betief; tender of the rights and consciences of his subjects; patient, tolerant. and merciful, it would have been time enough to have accused the Irish for not instantly quitting the faith inculcated by the venerated Saint Patrick. If the clergy sent over to teach the new religion had been able to instruct the Irish in its blessings and advantages, in a language that

hey could understand; men holy in thrir li'\""es and reverend in their

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t"xample, professing charity aocl doing ood, it would bave been le b ,iolent to treat them as wicked and ohr-tinate. But if this l"eformin monarch was the greate!'t monster that history exhibits; ,,,ho had established creeds and artic1f>S, amI forced men under penalties to 51\ ear to them anrl bdipve them, anrl then for the purposes of lust and murder, violating every tenrlrr rrlation, anrl e' ery feeling of hu- maR nature, established creeds and aI'tictes dirf'ctly the reverse. nuder penalty of min, death, and iofamy; anrl if the mi... ionaries of the Of'\\" gospel ,rere the cum of tIle earth, low, vulgar, i norant and J'apaciolls; wantonly f'xposing their own rdigion to 8forn, that fines might hr le\"ierl for not cOllformin to it; with the sentiments of JlOr!'e-jockeys and the hearts of wolves; thf'n why 8ho:1M a peop1e J):1,"ing no vicious motives, no wives to mnrrler, no wish to ba tal'rlise their own issue, quit what tbey believed to be the 'ford of God, to go to church and hear the ""ord of Henry the Eighth, and the Pl'a"ers and preachings of der!!;y who reviled what they heJeI acred, although thry had themselves been so lately enjoined by statute to "bid the beads" to the Iri h in the English tongue. The statutes enforced a ainst the Irish c1urin this second epoch arc of pm'e English mauufacture, and may be found in any I:1w}er's library, in the English sbtutes at large, in aU the abridg-cments of those statutes, and in the most familiar abridgf'ments of the laW', parti- cularly that of Bacon,: and throu h all the reports and treatises, chi( and climinal, undcr the hf'ad'ò of popery anrl papist, heres}", witchcraft" dissenters, recusants, offencf's a ainst Gorl and .'eligion, conformity, uniformity, &c.In En land tile}" ff'lI upon a smaller number, in Irel- amI the)' Wue visited upon a whole people. The operations of the {cc1esillstical commissionel's, the star cbambf'r, (or ca8tJe chamber) and the spiritual courts. went hand in hand with the commissioners of defective titles, aurl between these anrl forfeitures by acts of attainder and forfeiture for treason amI re1'eHion, there was scarcdy an acre of land that was not 8eized and confisfated, and somrtime5 a second and a third time, c,-en in the hands of the confiscators themselves. Thr statute upon which most money was raised was 2 Eliz. c. 2. 3. which c.ommands all persons to resort to the parish church, or some usual place where such ervice of Go,f, as in the book ,of common pra} cr, shall bc u ed. and to abide there soberly and orderlJ' <1. a Sunday upon the recusants. This same deputy had before written [ib. p. 19.] that the duties from the Irish were indeed violent takings, rather ravishments of the poor, than the mOOr'st quiet levies of a piollsand christian king. And yet he at another time proposed to his master to mal{e him out a title to all Connal1ght; and writes (ib. p. 442.) that he had given orders to his managers in Conl1aught, that when he went there to hold all inquisi ion gentlemen of the best estates in the different counties should be returned on the juries which were to be on the first trials to be instituted aD U defective titles," because the fear of a round fine in the Castle Chamber would produce a better effect than in persons \fho had little to lose. In one case where a jury refused to find for the king against the proprietor (ib. v. 1.) lIe says, we bethought oursel\"cs of a course tð vindicate his majesty's honour upon this occasion, not only against the persons of the jurors, but also a ainst the sheriff in a thousand pounds to his majesty; and we ha\'"e fined the jurors four thousaud pOUDrls each. Their estates are seized, and tbemselves imprisoned till the fine be paid." And in one of the above letters he says, I labour to make as many captains and other offices, burgesses of this parliament as I can, Who having immediate dependance on the CroWn may sway the business as I please. It is remarkable that this bis own packed pa1'liament yoted against the grievances of his administration. The Irish Com. Jour. p. 94, refel' to these very transactions saying, "the jurors who gi\"'e in their Ter- diet accorJing to their consciences were censured in th{' star chamber, or castle chamber, in great fiues; sometimes pillored with loss of ears, ftnd bored through the tougue, sometimes marked in the forehead with an iron, and other infamous punishmenL" And Doctor Leland ""rites, YOI. 3, p. 32. that the jurors of Galh\ay remained in Plison ti l each paid his fine of J:4,OOO, aDd acknowledged his fault npon his knees. '.rhus were the J!ish deprived of their estates by false inquisitions upon feigned titles, wherein neither traverse nor petition of right was admitted, and jurors -who listened to the admonitions of conscience Were devoted to ruin and disgrace. One hundred and fifty letters patent Were declared void in one morDÎDg. ee the rpmonitrance of Trim. sect. 2. Cartes Ormonrl, ".!3.

12:J

'l'his corrupt deputy began his public carecr in cOl junction 'With PYIll and the others, but was gained over by the king and made a peer and governor of Ireland. lle was afterwards impeached 8J?-d convicted of high treason; the ling signed his death-warrant ami he was beheaded òn To\\er-HiII; a victim not so much of his rea) crimes as of party -spirit, and part} <'llance, was punbhed ,vith cH ahi)jt.v tn R

12,(

,

I!Uc,or pl'os cute in law or equity for any wrong or any den,.laud, or to be guardian or e"'\:ecutor, 0 take any thing by legacy, deed, or gift, or to bear 81lr office, with forfeiture of goods and chattles, laud tenements, hereditamelJts, annuities, ûffices, aud estates of freehold during life. And a single justice upon suspicion n'1i ht summon and examine the- persons suspected, 10 have e\'idence agaiu;,t themselves, and summon ,vitnesses to answer UpOlJ oath; and if the offence seemed probable, bind ,he u pected party to the :5 sions, and there he was bound to an- swer instantbl; and!'hould the offence upon trial appear probable, then the offender is bound to prove where the child was, for \\ hat the money was sent, and the fact is to bè presumed unlawful. till the sus- pecterl party prove the negative; and being enter( d on record shan be a conviction, not olll} of the Fupposel) eU(ler of the chUrl, but of the absent child; m){i the infant com ict han incur the like disabilities: and of thesp forf,'itnres the booty is to be dividf'd between the king an", the pious informer. Therf' h. indeed a pl'm.-iso that the infant upon bis return or twdve months after coming of age, ma). by pra}er or motion in open court, obtain a trial; but upon lhat trial he must prove negatively that be was lIot ent contrary to the act, or it shall be taken for granted against bim as if it had been fully prond. AnJ if he shoulrl do so, still he shall Jose his goods and chattles, alld aU the profits of his lauds prior to hi. conviction, and th{' rest be re:;tored only upon condition of SWe31'ill certain constrained oaths, and making forcEd metaphJiical declarations of belief in open court. N. ß. To avoid future repetitions it m:1Y be here briefly stated, that the oaths, amI df'claratiou8 eneraUy intended throughout, al.'e tho e of aHegiance, abhorrence, abjuration, and against transubstan- tiation. 2 Ann. s. ]. c. 6. endill!!; or suftèrio to be sent a child under 21, except sailors, ship boys, merchants apprentices, or factors, without special license of the queen or chief governor and four prh'" counsel- lor, like penalti(' . A .;udge or t\\"o justices suspecting any child to be m sent may GOnVClle father, mother, relation or guardian, require thnn to produce the child "ithin two mouths, and l1n1e 5 they prove it to be in Eng- Ian.} or Scotland, it is to be cOllvicted as one educated ÍlI fnreign p rt::, aad Um'l' accordingly. 3 Ann c. 3. Pl'ote tRnt8 converted from popery must educ.ate thciL children under fourteen, in the established religion or forfeit all offi

l2,j

s of trust or profit, aud be disabled from sitting in eithet. house 0(. parliament, or being banister or attorney, and be tor ever d.squali- fÏed. 2 Ann. s. 1. c ð. Where either father or mother is a protf'stant, the chancellor is to make an order for educating the child a protestant till eighteen, f\ppointing where it!>haU be educa1l d ar,d bo\', and aIm by wllom; the father to pa}' all the char f>s diæcted by the court: and the child may be taken away from the popish parent. 7 W. 3. s. 1. c.4. Papists are forbid to instruct Jouth in any puhlic school, and even in private houses, llnlc::.s those of the family, under pain of fine and imprisonment. S Ann. c. 3. \ 16, A papist teaching publicly or privately, or en. tertained as an usher to a protestant Echoolmaster, to be esteemed a popish regular dcrK1j>>lan convict, and suffer all the pains inflicted upon such, that is, 1 st. to be imprisoned in the common goal; 2d. to be transported; 3d. if he return to his friends and native land, to suficr as a traitor: the fono\fin is his judgment. 1st. To be drag ed alon the ground to the p1ace of execution; 2d. to be hanged b}.. the neck; 3d. to have his entrails taken out and burned .while he is yet alive; 4th. his head to be cut off; 5th. that his body be quartered or dhrided into four parts; mh. that his head and quarters be at the plcnsliTt of the Queen. The legal consequences of this judgment are, attainder, cOTruption if blood, annihilation of all inheritable powers, from his ancestors and to his heirs. Anf person entertmning iuch teachers to forfeit 101. to be distributed in equal shan;s between the king and the informer. Any per50n discovering sur.h teacher, to have .t:l0, levied like mo- I1ey (or robbt:riE's, nIl UpOll the papist,.;. All pl'l'sons of sixteen ltal's of age lDaf be summoned anli forced to uecome infolTl1ers upon oath, touchiB the being and residence of iuch teachers, on pain of Æ20, or twelve monthf: imprisonment. A protestant permitting a claild under fourteen to be educated a papist, to sutf r as a papist.

J)[AltRUGE. 9. W. 3. c. 28. If a protestant maid being heir apparent, or ha,,-ing

nterest in lands, or a personal estate of Æ500, marry auy man without acertificate from a minister, bishop, and justice, attested by two cre- ditable witnesses that he is a known protestant, the estate .,hall go to lie next of kin, anrl all popish interTcuing heirs deemed dead and (1.

1.:!b

i.tstatt, and the protestant maid to be dcatll1l lalv: 8ml hw:band anu wife to be for eVf'r disabled from bcing guardian, executor, &c.; mItt 1he person who married them to be imprisoned a rear anrl forfeit ,æl0, half to the king, and half to thc iufol'mer who will sue by bill 01' Fuit, and no essoign flhall hr allowed. 6. Ann. c. 16. If a woman persuade an hcir apparent to marry Iler, by secret delusions, insinuations or menaces, shf' Joses thil'w (lower, and all rea) and personal estate; al1d aU accessarics before the fact, to flufter three }'ear imprisonment. lb. \. 2. If any protestant shaH marry any maiden or \\ oman ,,'ith. out such certific8.te, be is for {'v r disabled Íl"Om being heir, eXf'cutor, admiulstrator, guardhn, &c. or to sit in padiament, or bear any em- ployment, civil or mi1itary, unkss he procures her to be convcrkd in one} ear, and a cl"'rtifiratc thereof under hanel and seal of the arch- bidJOp, bif.hûp, or ("bancf'l1or to be eorol1ed in chancery. 2 Ann. 8. 1. c. 6. Any P"I'son having reat or per onal estate in the king{lom who mnfl'les a papi t 8.l,ro8.d-like disabilities Bnd penaltie!j as if hf> married \4oithin the kinplom. 9 W. 3. c. 29. Whoevf>r marries a soldier to any uncertified wife, to be imprisoned till he pa)' Æ:20, half of which is to l'e\'fard the in- former. 6 lnn. c. 16. 1. 3. 6. If any pe1'30n aboye tÌle áge of fourteen, br frauel,jlattc
 * ", or fair promise's, r:-haII alìul'e any maid or widow,

]1avin !: !b.t;-nce to mal'Y hh1l without consent of paredt:; or ward;an, and thp person \\ ho ("p}pbrates th(' marrb e be a popish priest; or if a pC'p:sh priNt cr'ebrate an}' marl'ia:rc knowing one part}- to be a pro- te!:otan ; he i'h&.U be dL"CmeJ, and suffer all the pains, of a popish l'CgUj Ir-hc irnpl.jsoncd, traniported, and on returnIng be drawn, hang- ed, ({uartered, behra(:cd, emboWcUed, entrails burned alive, head and (lua: ì.er:i jven to thl' fJueen, and attainted and bJoorl-cormpted. 8 A(Jn. c. 3, The knowled c of the fact is to be prf'sllmed against the priest, and he to be cOllvictf'd, unleflS hp produce a cel,tificatc from the protestant parish minister that ncither ,vere protestants. 12 Geo. 1. c. 3. \ 1. A popish, or reputed popish prif'st, celf'bra- ting marria e beh\ {'en a pl'Otestant or reputed protestant amI a papi t, or betwcen two protestants or reputed protestants-death, as a felon, ,,'ithuut benefit of dcr y. N. B 10 Gro. 2. c. 13. annuls such marriages 1fithout process, jtldgment, or sentence.

1 "- -,

2J Oeo. 2. c. 10, \ 3, makes it felony in the priest, notwithstanding the "'Jarr ar"e be aunuHed. \ ). Aud any two justicc$ ma} summon an persons sllspected to IUIVC been so married, or to have becD present, and examine them on oath, where, b} whom, with \\ bat form :mrl ceremOIl}" such marriagf' wa<:.. cclebl'aterl and who were prccent; and upon neglect to appear or ref'l al 10 become informf'f a

inst their friends, commit them ttJ fl'ison for three years without baU or mi1inprize, unless they will cu- tCl' into reco nizance to pro 'ccutt' aU the offenders. 7. G. 2. . 6. A contcrted justice ct:n while his wife is a papist, or his chiMren ec)ufatpd as such. to be imprisoned one year, pa,." .;Clü kllf to ihe!{ir . h lf to the informer, and be for ever disabled to be executor or arJi1'la. 7. G. 2. c. .5. . ] 2. Barristers, six de,'ks, and attorneys, disabled unlf'50s thry convert their wife in a )"ear, amI ( nrol :t certificatc" tb{' .eof in clu ncef). 8. Ann. c. 3. \. wife conforming in the life-time of her husband, rna} file a biH ag3iust him, and have all appointments or execution of pO\fP 's. as h might make in her favour, jf he were willing, decreed \fhether he will or not. a.nd notnilhstandin . an}" disposition of his t9 the contrary, ha,-e one thirò of bis ('hattles real and personal.

REMGION-CLERGY.

7. 9. W. 3. S. 1. c. 26. 2. I. All Popish Archbishops, bishops:J dcars eneral, deans, regular popish clergy, excrcising any ecclesias- 1Ìcal jurisdiction, to leave the kingdom in three month , or be trans.. })orted, "hel ever the chief go\-ernor shall think fit. And if be re- turn, be dragged and hanged. quartered and beheaded, blood corrupt- ed aoci attainted, cntrail5 burned alh-e, and head and quarters at the
 * ling's disposal, to be pik('(l or gibbeted, as was most for his ro}"al plea.

sure and the honour oí God, and forfeit aU as in case of high treason.

. 3. No such shall come into the kingdom, under pain of twelve months imprisonment, transportation, and in case of return, the same pains of higb treasoD, hanging, dra gillg, t:mboweliug, &c. 2. Ann. c. 3. . 1. Extends these pains to every c1erg)'man of the IJOpish religion, secular as .weU as regular; and fO\. their easier convic- ,ion, gives a trial in any county at the option of the queen. 7. &. 9. ,Yo 3. Aho\p citf'd, enacts, that an such archbishops, &c.

129

than repair to the city of Dublin Cork, J\.ing!lale Y ou haU, 'Vater. ford, W t':dord, Gallwa)' or CSfl'ickfurgus, and there remain tin ther be conveniency for transportin them, and h'e in their names to th ma}"or or chief magistrate, who fhalI givc their be t assistancc in tranl:}- porting them. lb. 9. 4. Concealing any l')enion so ordered to kavc the kin dom. or forbiJ to ent,.\. it, to fmfdt for the first offCllce %'20, for the sf'cond, Æ.t.o, and for thc third, lands, 3nd oods, hBlf of the goods to the king and half to the infOrmer, provided, that the iuformer's share sh 1I Dot u:ceed .i100, howe\ cr morc tile k.ing's may be, We surplusage shall remain to the ling; Bud shall be recoverable in any of his courts of recoHl. lb. . 3. The fines of Æl 0 and .i 10, to be le"ied b}" a single jus- tice, who has IJower to summon parties and witnesses, and to comict and commit to prison in default of payment. lb. 9 8. 9, 10. JuslÏces are commanded to ibsue their warrants from time t8 time, for apprebending and committing- archbishops. bishops, kc. remaining in the kingdom, and give an acconnt in writing of their proceediugs on pain of .f100 to the kin and the informer. 8. Ann. c. 3. . 33. Clergy, schoolmasters, and other Papists, or- cered for transportation, are to be sent to the common :?:oal of the Dext sea port, to remain there till tran!5ported and if nnr mf'rchant or

hip-master I'cfu!5c to receive their bodies, not exceedinl! five in one f'hip, the collector not to discharge the ship on pain of Æ30. The collector to allm\ 51. for transporting them to the ""est Indies, and 3/. to any part of Europe. And by 3. and 4. if any of them be found .,ut of the custody of the mastcr or me"cJ ant 80 receiving him, he is to suffer as in case of a popi:::-h rf' ular, <.\:e. drawing) hanging", quar- tering, embowelliug, &c. &c. &c. 2 Arm. s. 1. c. 7. 1. AU popish priests to register their names, abode, age, parish, time anò place of recehing orders, and from whom, and also to give secm.it} for tIu'if good beha"iour, and not to remove to other parts of tht' kingdom, under like pena!ties of transpor- tation, and tIle pains oîhigh treason on l'eturn. 4 Ann. c. 2.  2. Any othe. person officiating as a priest-the lik . And in like casf', of return from tran portation, the like judgment and execution, boweUing, hanging, burning and .Ira wing, and forfeiture of hnrls and goods, head and quarters to the Queen. 2. Ann. S. 1. c. 7. 2. . &., 8. Ann. c. 3, . 19. Enry Papist kcep iDg a tUl'ate, deemed a Popi.sh regular, and t{) f.uffer like pains.

129

AU priests registered by virtue of these acts, to take the oatb of aLju... utiou, o. elsc ou cekbratiug mass 01" officiating as a priest-like pains. ß. Ann. c. 3. . 21. Two justices may summon any Pophh persoB of six!eeu years or upwards, to give testimony on oath where he la t heard mass, \\ho celehrated it, what persons \\ere present, and also touching the being and residence, of any popish clerg}'man or seculal' pi iest resident in the country', and upon neglect. or }'efmal to become informer, commit him for twelve months unless he pay 20l. 8. Aun. c.3. 9' 16. & 20. Auy person discovering ngainst the clerg} so R& they rua)' be prosecuted to cOD\,iction, to have for difì- covering an archbishop, or vicar general, 501. for a regular or se ular not registered 20l. unrlloa' a scboolmastu, 101.. [ See Eúucation]. \.24. An} person summoned b)' two justices to go before them, and swear abjuration, and neglecting or refusing, to pay 401.; to be com- mitted three mouths and disabled forever to obtain ull!jlicence to carry all!} arms. After three months, the same may be repeated and the party implisoncd six months and fined 10l. and be bound with two sureties to the sessions, or goal dclivt:ry, \\here, if he refuses to abjure. upon oath in open court; to suffer a præmunil'e; that is, to be out of the king's pl"Otection, and forfeit land Rlld tenements, goods and chat- tles to the king. And this offence was so odious, aJs Lord Coke, that wlloe\"er \fas attainted of it, might be s]ain by any other æau, 1rithout rlanger of law, because the 25. Ed. 3. s. 6. c. 22. enacted, that any might do with him as the ling's enemy. Still he can bring no action for any injur)', howevel' atrocious, and no man knowing him guilty can with safety ive him aid or rdit:f. J. Ha \\ k. p. c. 1 D. J. Geo. 1. c. O. Every justice may tender the oath of abjuration to every suspected pel son. 8 Ann. c. 3. \ 27. All magistrates J'equired to demolish all crosses, pictures, and inscriptions, that are tlIe occasion of popish mperstitiono 2 Ann. c. 7. \ 2. Priests converted to have a maintenance till other\fi e provilled for, and to rcad the liturg}' in the English or Iri3h language. This statute gives Æ20; by subsequent ones, it is increased to ,t'.to Jear1}. .2 Aun. c. ü. \. 1. Persuading any person to Lc reconciled to th see of Rome, the reconcilt:r and the part} reconciled both subject to the pains of premunire. N.B. The first English monarch that invaded Ireland. lIen. 2, di(1 it by virtue of a bull from pope .Adrian. III. obtaiu{'d on pretenc" Bf a sauctií4.ed re;ant fnr the promntifJft oftbr- catholic fattþ.

130

BUItU.L OJ' l'IlE DI:A]J.

7 Òl 9 \Y. 3. st. 1. c. 2U. Nonc to bury any {] aù in 8 SUiJPl'CSSCÜ ÞIOnastery, abbr}-, or convent, if it be not usrd for dhine service ac- cording to the liturg>' of the establishe{] church, upon pam of 10/. ilpon aU th3t haU be present, one half to the informcl", to be le"icd

ummarily b} a ingle justice. ..

BATHING AND "AJ'FR DHINKING.

2 AUII. C. 6. \ 2û. .Meetings awl as emùlif's at cf-rtaiu "ells or í-prings therein lIained, to be adjudged riots, alld all magistrates rcqui. l" d to be diligeut in putting the law in force. \ 27. And evcry person a8sembling there to forfeit on conviction before a siugle magistl"ate 10 shillings, or be publici} lvhippcd within twcut} -four bourse And cT'ery pel"SOn belling ale or victualb there 01' on}' other commodities, upon like com iction to torfeit 20 shillings, m impl'Í onmeJlt.

HCSBAXD .Al"D "\, U'E.

[See title J1l.ARRl.AGB.]

PA.RENTS AND CHILDREN.

2 AmI. S. 1. c. 6. \. 7. A child of a popish parent professing a desire to become a protestant, may institute a chancery suit against his pa- Tcnt, and be decree(\ a present maintepanc<" and a portion after tl1(' varellt's decease. S Ann. c. 3. A c1JiM on conforming may also oblige his father to

liscovrr upon oath the full ,"a\ue of an his real or personal estate, and hën-c a new bill, toties quofies.
 * N. ß. Though the parent should abandon aU his pl'Operty, yet if

he afterwards acquired any dling he might be vexed with a new hill a!i often as an undutiful chilrl might think fit, to the lnd of his life.

. Ann. Stat. 1. c. Ü. 3. The eldcst 011 by cODlormin , may, by filing a bill against his father, {livest him of his fee. rendering him bare tenant for life, 3fJd take the re\-ersion subject only, to maintenance ê1nd portions 101' youugcr childl"en, not exceeding one third of tb,- ,"alne.

131

lb. \ 5. N u pap!::!t to have the guardial1ship of an orphan child, ani if there be no protestant relation the child to be committed to a stran- ger, who shall be bound to usc his utmost endeavours to m3ke the child a protestant; and any papist who takes upon himself such guardianship to forfeit 5001. to the blue coat hospital. 6. Geo. I. c. . Children of popish parents bred protestants from the age of twelve years, and receiviñg the sacrament of the established church, to be repnte.l protestants, anò enjoy their rights, but if after ci hteen they are present either at matins or veEpers, to suffer the penalties of com-erted papists relapsiD into poper}. For othel' rude violations of parental tenderne s, allò statutory temptatious to filial and conjugal impiety, see the heads Education, aud .l11arriaze.

LA. WYERS AlIID LA. '"If OFFICERS.

3 'V. &. :.\1. c. 2. .1. A banister, attorney, clerk, or officer in chancel'}", ,,-ho without having taken the oaths and made the de- claration against popery in open court, shall practise in an}" court, is llisabled to hoM anr office of trust or profit, or to be executor or guar- dian, or to sue for any right in law or equity, or take by legacy, deed, or gift, and to forfeit 5001. half to the informer. 10 "-. 3. c. 13. 1. &, 3. No papists to act as solicitOl', except in their own cause, or as menial servants, on pain of 1001. to the inform- er, aud like disabiJitie . 6 Ann. c. O.  I. 2. 9. No papist, or reputed papist, to act as above, on pain of 2001. and like òisabilities, and any person seeing or knowing such person 80 to act, may openl}" in court cause the oaths and decla- ration [against tmnsnbstantiation, &c.] to be tendered to him, and on proof of his refusal he is to be recorded a convict. lb. 4. o LAWYER SHALl. BE EXFl\IPT BY HIS PRIVILEGE FROl\1 ..iY'SWERING t.'PON OATil .AS '1'0 HIS KNO\TLEDGE IN A -Y l\U.TTER THAT SHALL COME IN -Qt!ESTIO"l UNDER THIS OR 'I1I FOR IER ACT. It appears lhroug/wut this code that all principles of laro arc revcr- sed, alul go by contraries, and that 'what is law for protestants is not for catholics, ami vice versa. It iy not tllertfore wonderful thai those familiarized to it by {{[llcation ami habit s1&ouldjztdge in the same per- t'O'Sf Sl1l$C, trm n.hue there 'ltas no statute, posilivelg ot'asctlillg the S

132 pllnciples l!!thc lwv. When the lawycr's privilege IS gzvell, up,tlLC przest'ð nlll t he little 'rcl(artlcd. o 6. No officer to let any popish solicitor, &c. iD pect or examine recorrlß, entries, rules, orders, &c. on pain of 501. to the informer. 1 Geo. 2. c. 20. 1 Barristel's, attornc}"s clerks, &c. appl} ing for admission, must take the oaths, and repeat and subscribe the declara- tion appointed in 2 Ann to pavmt thegrolVth o/popery. And such as 3re com" .:rtf'd o.t horn of popish parents, must prove before the dmn- cellar. judr.es, &c. that they ha\ e professed and continued to be pro- testants for two }-ears before, aud that their children then under four. teen, or born after the above period, have been educa tedprotestants. 21. &: 22. Geo. 3. c. 32. s. 2. N oue but Protestant students are ad- missible to the king's Inn. 1. Geo 2. c. 20.. 4. Sheriffg and tbrir clerks, must have beeu fite years Protestants, other" ise, to suffer like pains and disabilities a3 papists. 7. Geo. 2. c. 5. . 3. Courts may 01. sWilpicion summons a soacitor, and on non appearance, punish him for contempt, 'filh a fine of 501. and imprisonment of six months. \. O. Drawiu!r, dictating, or abre\'iatin pJf'adings, f transcribing' depositions-bring the part,- "ithin the pains of thcsc "Ct5.

INTI:nEST IN THE SOIL.

1'0 those not aJrl'ady prc.acqu:lintc(l with tbis extraordinary code it is not easy to give an ader 1(at(' impression of the tatutes, in such a narro\\" compas, much less of their opr.ration and effeC't. 2. Aun. s. ]. c. û. D i sa1'lcs Papists from purchasing lsuòs in their miD name, 01' in tmst, or even any rents, or profits issuing out of land8. or to take a lease for morf' than 31 ) ears, and not that, unless two thirds of the lcady \ Rlue be resel n d -all other estates to be yoiò. lb. \. 7.8. k 0. Ko Papist whu wilillot renounce his religion 18 takc &uy estatc, in fee simple, 01' in tail, b)" ùescf'nt or purcha.se, but the next Protcstant tu take a if he were dc.ad. The children of Papists to be taken as Papists, a Papist conformìu , may be heir to a rapist disabled; \life, if a ProtLstltllt, to have flower. 3. Ann. c. û. \. 10. The fee simple estate of a Papist, henceforth to {\esccnd to the sons share and 8ha1"(, aJike, and to their sons; and for

133

dctault of SODS, to daughters, in like manner; and i!0 for want of da\\glt- ters to coUaterals, any disposition by the ancestor to the contrary notwithstanding. This singular ruk of tlcscent was obvioufily intended to break down all power or concentration of"" ealth, orÏnfluence ill Catholic families, ,,"hilst primogeniture, being the rule in thé dcscent of Protestants es- tates, jealouly preserved tile opposite principle. It \\as sui generis; tm!ike the gavel kind of Rent, where the acquirer may dcvbe bis es- stelte to whom he will; aud more unlil-.e the law of our state (N eW-Jork) where aU is equitabl) distnbuted amongst sons and daughters. It was be ides in barefaced violation of the treaty of Limel'ick, which 'Was ratified bJ the king and queen, and Lords Justices, nd guaranteed to all who were then in arms, their rights, titles, privileges anù immthlitics, 8S by the laws theretofore ill fOl'ce. The wholc of these laws to rei!traiu the growth of popery; aud which have ruade popery . grow so much, were besides, their intrinsic enarmity tainted with that odious stain of perfidy, aud shew how safer it is to fight than to treat with implacable oppre sors. 2. Anll. c. 6. \. 12. If the heir at la\r of a papist, be a protestant, he must enrol a certificate of that matter in chancery' ; if a papist he has a rear, within which, if he rcnounce his religion, he ma}' bave his laud. English Stat. 1. Ann. S. 1. c. 32. \. 7. eI?acts, that the lands therc. tofore, forfcited and vested in trustces should bc sold to Pl'otestanÌi only, aUtI if any title in the same!=ha.Uaccme to an}" papist, he mlJst l'(>- nounce his religion, or as it was commonl)" exprf'''!'òcd, the errors of th"" chmch of Uo ne, in ('rclcr to enjoy the estate, and if any make Ol' as- sign a Icase to a papist, both grantor and grantee, to forfeit trc hic the learl}" value; with the exception of a cottage or cabin, witlt two acres of land to a da,. labourer: and any Protestant, migbt file a Mlill of disron ry against allY person nppoEcd prh"y to any trust, to which uf->itlJcr plea 1I0r demurrcl' "as aUmrcd, and on trial of any i ..;ne, none to be jurors but Protestants. Sce fur her under the titles Education, Parcnts and Childrcn

lalTia e, ó:c. It is rcmarkablp that these ferocious acts, as 1\11'. Burke has tcrmed them, to pre\"cnt the further l"Owth of p{\perr, COD,. . 'u(,foll morf' to the crowt1. of it than a!J - olhf"'f martp.rlom in history.

134

J\ SID.N E AND LOCOl'DIOTlON.

2. Ann. c.. 6. . 23. No person or pf'f80DS, that are or sha.ll be pa- pists or profess the Popish religion, shall come to inhabit in the city or suburbs of Limerick or Gallway, after the 2.1th of March 1703. And aU then residing there to give suretits for their faithful bealinO' ð towards the crO\m: not to hinder seamen, fishermen, or daylaboLLI'E'rs, from dwelhn ,,"ithin the subW'ds of those towns in bouse's worth/orty shillings a year or llndo'. See further, title ,. Religion antI Clergy."

ELECTION FUÅ CHISE.

2. Ann. Stat. 1. c. 6. Papists who shall vote for members of par- liament. witl)Out having aldured six months previously. to forfeit 1001. whit'h the informer and the Queen are to div1de, share and share alike. 1. 2. Gpo. 1. c. 6. No papist to vote at a vestry for pavin 01' lighting, except they be church-wardens, and then to ha,-e no vote for building or repairing churches.

JURIES.

6 Ann. c. 6 \ 5. No papist to be on any jury in I{. B. assizf'5, OlCl and terminer, goal deli\-ery, or sessions, unless uherc a sufficicnt num- ber of protestants cannot be had, and in all trials under the popery laws, the prosecutor may challenge anf papist juror. It seems as if every sacred principle of law was selected for the purpose of bein profaned by these inhuman an iniquitous legislators. Aliens are entitled to a jury half aliens; but Catholics were to be thrown on the mercy of their persecutors.

GUÅRDU.N HlP.

l;or this head, see the various other titles aud disabilities there stat- cð, and remark that Roman Catholic parents, "'erf' liisquaJificd not on- ly from being guardiæ1s to the children of otllen" hut to their own; 3nd liable to see tllf'ir children taken from their arms, and committed to the bitterest of their enemies, who had it in charge by statute, to laùoRt for their conversion, from the religiou of their parents.

13"

TRADE.

3. Ann. c. 3. . 37. No papist n'ho is or shall be permitted to fol- Iowan)" trade, craft or mY5tery (f'xcept hemp or flaxen manufactory) to hayc two apprentices, nor auy for a less time than i } ears, on pain of 1001. 25 Geo. 3. c. ..13. ] 1 anrl 12. The -10001. granted by this act, to be expe Ided in apprentice fees, for apprentices taken from charter schools or hospitals, to protestant tradesmen onl!}. See title Army, Arms, and Stlf-defence. Xo rerson making locks or barrels for lire-arms, or swords, bayo- nets, skeins, knhres, or other weaponE, shall instl'Uct an 3pprent ce of the popish religion on pain of 20l. one moiety to the king, and one to the informer, and the indentures of apprentice,;hip shan be voiJ, and such apprentice cxercising, to suffer the like penalty, and refusing to take the oaths shall amount to a conviction.

.AR)IY, A.R)lS, .AND SELF DEFENCE.

7 'V. 3 St. 1. c. 5. \ 1, 2, 3. .All papists to deliver up their arms 8nd ammunition, of what kind soever, in pos:::ession or held in trust fur them, and all mayors, justices, &c. to issue W::lrrants to search for aud seize the same ilJ any suspectetl house or place; and any person suspected of concealing arms, to be brought and examined upon oath; such as ue:,!;lect to appear and submit to this examination, if a peer or peeress, to foddt for the first offence 1001., for the sccond a premll- niere; if under the degree of peer or peeress 301. and one year's im- prisonment, and as much longer as the fi'1e }'emains unpaid, and (01' thr second offence a premunire. The iuformer and the king to hayE' equal part5 in the peualtie, .which they mar recover from the peer or pEere s by an artion of df'bt, in which no essoign, &c. shall be allowed. Any nohlf'man or gentleman making proof to the Lord Lieutenaut und council that on tlte 3d of October, ) CD1, he was au iuhabibnt of Limf'rick or other garrison in po.sscssioll of the Irish, or ufficer or soldier of th bte King James, 01' commhdoned officers ill the king's qual.ters, belonging to the Irish regiments then in bc..jng which wCU:' treated", ith, and hath not since n..fused to take the O \lhs, &c. whpn tendered to him; or if he IJc a gcfttlcman of l. tf\tc" tlJ('t) helon ing to

13&

OlC to\\ n of Gall\\ ay, such persons may ket::p a ðJVorJ, a case rf pi;,- tols, llnd a gllll, for,the tlefencc of lâs hou<;e. ] 2 Geo. 2. c. 6. 1, 2, 3, ] 4, 15, 16, extends the :lbove powers to every justice and chief m;-tgistratc of cl'rporate towDS, and imposes the fiue of a pf'er or pccl'e s 1'01' the first offt-'Ill"e, eucreas!ug it to 300/. and of every" other persoD to 501. and punishes th(' ma,!!:istrate wilh a fint' of 201. for e,-ery neglect. And no papist, under any pretence 'whatever, to have any warlike stores, swordblade, hanel-lock, or stock of gU.1!:>, or lire-anus, on pain of 401, to the informtr, and one year's imprisonnwnt and aftcl'\\ ards, till the monf'Y be paid; and IT a p pist servant keep any such thing b . COIJSf'nt of his master, the mast!::r to be deemed a papist and suffer the pains. 15 & 16 Geo. 3. c. 21 ] 5. One or more justices and chief magis- trates of towns and cities, or sheriffs, haIl, as well by Dlght as by day, search for and seize arms 01' ammunition, and enter dwelling-houses, out-I lOuses, or office, or other place belonging to a papist, or person

Ilspectcd of concealing a }" such, and on suspicion ll:ltn' sC(lrch, m3Y summon amI examine on oath the p('rson u!'pf'ctc,I, and inflict fo1' }'cfusal to discover UpO!l oath, fillC, imprisonment, wh:pping, or pillory, at their discretion. 2 G. 1. c. 9 16. Every papist must send a fit protnìta'llt to serve in the militia, or forfeit double ,\ hat a protestant would in case of non- attendance

18. And p y towarc1s the militia (louble what a protestant P3YS. 6 G. 1. c. 11. 0 4. 201. to be le\"icd by presentment upon the po- pish inhabitants for refreshments to the protestant militia 011 the da):; appointe(l for turning out. . ] G. 1. c. .t 7. Any p pist enlisted in the army without a testimo- nial that })(' has renounced his religion, Ol" declared to the officc.' 01" soldier enlistin him, that he "as a papist, to suffer Hlch corporal pun- ishment, not extending to life or limb, as a court martial f'hall think proper to inflict. 10. 'Y. 3. E. 2. c. 8. . 4. No papi!il to he a fowler (,V('11 for a Pro- testant, and allY gun found with him thongh belonging to a }Jrotestaiìt.

han go to thl.: infonner.

]31

HORSES.


 * !. Geo. 1. c. 9. t 11. Horses of papists to be seized by proclarua-

tiou whell needful, all except breeding mares, stallioJls and hon.el:5, UIl- del' four years oM, and detained ten l1a)"s, during \\ h:ch time auy mi- litia man, mar tender to the seber 51. for the use of the 0\\ ner, de- 1[llct;'Zg however the e:rpf1ICe oj seizing and kccpmg ; and the property tI.ercbr to '"est in the mil:tia man. If no person chuses to tender this sum, the owner is o:.1ly to pa}" fOl' the seizing and detaining of hi own horse, ami have him again.

. Papists who do not produce their horses OD demand, or in three days, to be imprisoned till they par] 01. half to the iòformcr and half to the militia of the barony. 7 'V. 3. S. 1. c. 5. 10. .An}' chief magistrate or, two justices, may 3uthorise any person professing the protestant religion, to break open 1l}(' door of any papist, and bri the papist's horse before them, and if the protestant "hl) broke the door and took the horse, will tender 51. 5.ç. the property shall b} Ùlese cts yest in him the same as if he bad lawfully boug-ht him in open market.

11 Any concealing or aiding in the concealing a horse, if he be a papist, or suspecter} papist. or retilse the oaths against popery, to be com- mitted to the common oal f. "" three months, without bail cr mainprize, anti forfrit to the kin!!, and his successors three times the Y'alue of the }JOr-e, and continue in gaol tiJI he pay the forfeit and be recorded- .Å p \.PI: T! 3 AnD. c. 3. .34 and 35, Papists to flave stud mares and stallions under fi\ye rears oM, but in case of any invasion likely to happen, or htestine war, the Lord Lieutenant may seize hOf5e, n,are and

e1ding. If hE' order them afterwards to be returned, the owner rou,;t pay th taker 101' e\-e.'y night he (tIle tnker) detained his (the papist's) horse from him six pence.

\r ATCHMEN.

ò Geo. ]. c. ] o. None but protestants to be \ratchm n, but papists
 * nust provide approved protestants, or be subject to distress.

OUTLA\fRIES.

Under this head in the statute book may be seen the ungenerous seyerities against the too loyal f;oldiers of the wretched James.

13.8

CONCJ.AUSIO .

TlJi5 summary mal ivc an idra of th(' pena1 rode, but 11011(' of its dreels. It affùrllf:, howrvcr) a vicw of the J ri:;h character as com- pared with the En;;li..h lhll"in the same pcri('d. ".-hilst in the one nation, parliament :md peoplf" kneeled, fawned ar:d addressed, and lickcd the blocd}' l,aud of their tyrant wilbout other scruple than the fear of offi n liug even by their adulation; fear that thc crimc they Wèrc extolling might already be denounced in favor of a Hew caprice, and that in the act of incensing their iòol Dlight devour them; whilst in Ireland no terror, no calamit} could bring the stubborn soul to profess or swtar to that at which conscif'Dce rcvolted, aod death could not enforce prevarication! SAD BUT HOXORABLr. MOXr IENT.

APPENDIXe

-.

TilF.RE is perhaps no dogma of the Catholic church, which bas been less correctly understood, and more grossly misrepre ented by ber adversaries, than that of the sacrament of pcnance. For these three centuries past, volumes have been written. and industriously circula- ted in every country, where the reformed churches have been establish- ed, or protected, in order to arrest, this Popish imposition, as they have been pleased to term it, and to purge Christiauity of this most licm- liDUS practice, viz. Confession. No stone has been left un turned, no calumny hu been thought too gross, ,,'hich could warp the mind illto a belief of its demoralizing effects. Hence we need not be surprised to see the minds of Protestants in gClJeral so prcjudiced, and em. bittered against it, especially those of the I.T nited States, \\ here the opportunity of reading such books is greater, and 'tbe means of concct information on the su ject fewer, as \\ ell froJl the compara- tively small circulation of Catholic books, as from the little regard that is paid to the reading of what ii conceiyed, from a biassed educa- tion, to be false and dangerous. Few examine beyond report; and very few consequently are acquainted "ith the genuine nd real doc- trines of tLe Catholic church. Yet it is an undeniable fact, and which our adversaries seem to have but too well known, that the Ca- tholic doctrine can never be attacked ,rith any iuccess, but by mis- representation, and that it wants only to be known, io obtain the suf- frages of upright men, and to silence the most inyeterate of its ene- mies. The public are presented in the subjoined Appendix, with a tl'Ut" exposition of the whole doctrine of the Catholic church, relating to confession, in order that the world may see how mud\. f:hc has been injured, and how very unlike she is to that many-h mded monst r which has been generalIr exllibited tor her. The Catholic is far from being ashamed of his tenets ,,"hen they are properl}" represented; and still less afraid to propose them to the public. He knows they
 * <\CRA

fR"""T OF PR ANCE, WITH THE GROU:\ï>S OY WIDCH THIS DOCTRL E IS FOUNDED.

I T will not be amiss, in giving this exposition, to present the pubIi previously, with a general notion of the sacramants, as they are under- stood and taught by the Catholic church; as it may serTe to throw some light upon lome of the matter contained in the preciding trial, .:md answer to some of thf' reference!.

SECTION I.

OF THE SACRAl\IEXTS IX GENER.-\L

THE Catholic church has always uniformly taught, that, besides \be graces which Jesus Christ diffuses immerliately by himself without. the miu1:;tr}' of the church, there are others which he has put as it were, into the hands of his first Pastors and their lawful successors., the Bishops and Priests of his church, by tIle institution of certain ce- remonies which produce the5e gl'aces, when they find in us the requi- Mte di:;positions. We caU these ceremonies, saC1'anunls; and reckon l:icven in numbcr, viz. Baptism, Confirmation, Hol.1J Eucharist, Penance, Extreme Ullction, Holy Orders, J.1Ialrimony. This number is suited

{) all states and (lcfrees, and serve to all the necessitiFs of oar souJ , correspondrllt to those of our hoóiri; = For 3 to onr corporal neceSii-

jy

ties, we must first be born into the world; and to this Baptism answers, whereby we are regenerated, 01' born anew to God. 2. "r e must gain strength and growth, thereby to become perfect men: and to this an- swers clJnfirmat:wn,, hereby we are made strong and perfect Christians. 3. We must have a daily competent sustenance for life; and to this the blessed eucharist corresponds, whereby our souls are fed and pre- served to everlasting life. 4. \Yhl'n hick, we must have medicine and remedies to cure our wounds and diseases; and to this the sacra- ment of penance answers, whereby all the diseases and wounds made in our souls by sin, are healrd. 5. 'Ve must ha ,oe cordials and restora- tives against thc agonizing fits and panO's of death; and to this cor- }"cspoods extreme unction, whercby our 80uls are strenp:thened in tJ]eir agony. against despair, and the last assults of the devil. 6. )Ye must be governed by laws and magistrates, to avoid injustice and confusion; and to this answers; holy orders, whcreby we arc provided with pastors and spiritual superiors, to guide, govern and direct our souls. 7 . We musf increase and multiply, in a lawful and natural way, by maniage;, and to tlus answers the sacrament of matrimony, whucby thc married state is blessed and sanctified, nol only to the having of chiltlren, but to the having and educating them to life cverlasting. .. The seven sacraments were instituted b:r Christ our Lord; b cause, he only who is thc author of grace and nature, is able to gh'c to natLual tbings the virtue to produce supernatural effects of race. They 'fere ordained to sanctify our souls; that is, to rendcr them holy and agreeable to God, "hile sin is blotted out, and sanctifying grace is gÍ\-en or increased in thcm. St. .John the Baptist administ('red a baptism of peoance: but this baptism, as weU as the olher legal purificatiom::, had no efficacy of it- self; it was a mere symbolical ceremony to prepare to another baptism foretold by the holy Precursor. Jesus Christ after having received the baptism of J olm the Baptist, instituted a hew baptism for the re- mission oj sins, Acts 2. 38. He c( mmanded his apostles to teach and Bapli=e, (Math. 28. 1 {).) declaring to them that hc that believeth, and is baptized, shall be saved, Mark ] 6. 16. Confirmation stren thcns the faithful in the profession of the true faith, by a special communication of the Hol}" Ghost. We find an example of this in the acts of the Apostles. The new Christians of Sam aria had not yet received the Holy 9host, but had been baptized only in the name of Jesus Christ, when St. Peter and St. John laid their h.ands upon them and thf'reby cauied the Holy Ghost to de6cend

v

upon them. Ads 8. ] 7. Thi! grace which was imparted to them at that time through the impo:.ition of hands, was therefore different from tile grace of baptism. We call it the grace of Confirmation, because it confirms or strengthens us in the faith. It was in consequence of their ha, ing principally recein:d this grace, that EO man)" martyrs triumph- ed over the most cnlel torments. J"esns Christ bas decJared that his jltsh is tIleat indeed, and hi3 6100d is drink indftJ; for add. he, ',e that ealtth 11I!J flesh ami drink- cth mg blood, ahitkth Ùl me, Qlzd I in him, John 6. 56,57. Now, we p3rtake trnly of his body and precious blood in holy communion. This sacrament is called the Eucharist, because the primitive church aDd the holy Fathers (,id. S. Just. S. Irenæus, Tertul. S. C}prian. ConcH Nireu. 1.) usually called it so; which word in the Greek signi- fies thaoksg;iving and is applied to this sacrament, hecause of the thanks- giving which our Lord otTere(} in the first institution of it; St. Matt. 26. 27. St. Iark 14. 23. St. Luke 22. 19. 1 Cor. 1 t. 2.1. And be- cause of the thanks iving with 'which we are obliged to offer and re- ceive this reat sacramrnt and sacrifice, which contains the abridg- ment of aU the wonders of God, the fountain of a1l grace, the stand- ing memorial of our redemption, and the pledge of a hapPf eternity. He has given to his Apostles the power of forgh ing and retaining sins, ,,'ith a promise that whatfficver ther should bind 011 earth, should be bound in heaven; and what oe\'er they h(\uld loose 00 earth. should be also loosed in heaycn. J olm 20. 23. :1\1att. ] 6. 19. But his apcstles and ministers cannot exercise this power with discernment, without knowing the state of the sinner; and they cannot know the state of the sinner, unless the sinner declara it. Hence, the obligaiion incum- bent on him to make an a,-owal of the faults committed aftel" Baptism, to obtain the remission of them in the sacrament f penance. Is an!! mall sick alllong .you. 2 Let him bring in the Priests if the church, and let t/U'1ß pray Oller 1âm, anointing him n;ith oil, in tile name if the Lord: anti the pra!lcr of faith shall save thi: sick man: and the Lorel shall raise him up: and if he be ill. sills they shall Þe fcrgivcnlrim. James 5. 1.t, 15. Such is the rrfect of the s:tcrament of Extreme Unction, which at the same time that it c nfcrs grace, procures also the health of the body, when thi:3 health .is conduci\-e to the sanctifia- tiOD of the sick. St. Paul makes mention of the grace which Timothy had received with the Apostolic mission through the imposition of the hands of the Priesthood, 1 Timothy.t. 14. c. 5. 28. 2. Tim. 1. tie The nisho:--:;,

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the heirs and successors 01 the ApostIeø, confer Ú1e same grace, and gh e the same mission by the sacrament of Holy Orders, with the right of exercising its functions, with the con!lent Rnd by the authority of the first Pastors.

esus Christ by bringing Matrimony back to its primitive state, has declared that it was not ill the power of man to dissolve it; l\Iatt. 19. 4, 5, 6. and we believe that this íncltssolubJe union representin the union of Christ 3Qd his church, Ephes. 5. 23. has been raised to the dignit}" of a sacrament, in' order to ive to the married couple grace to fulfil the obligations imposed on them. Such is the doctrine of the Catholic church touching the sacramen'a, their number, and the special grace they confer upon the worthy re- ct:i\"cr; :tnd the Catholic in adhering to this doctrine has the infinite s3tisfaction to know that his faith, in this as well as in every other par- ticuhu', is grounded on the authority of the unerring word of God infal- libly delivered and interpreted by the Catholic church, which St. Paul declare:; to he tlu: pilim. and gTounl1 oj the tTuth ; 1 Tim. 3. 15. which J c ns Chrif't has promised to be with, all Jays even to the consummation oj th ll,'orld; Matt. 28. 20. to which he promised to send another comforlrf to abidp with herfoT ever, even the spirit of truth; John 1<1. 16. anel finally against which the gates of hell were never to prevail;

latt. 16. 1 S. and that he believes uo more than \fhat the Fathers and Councils of the church, and all the saints of God have invariably al- wa) s profe sed and believed in every a . From the proofs and argu- ments I shall adduce ill support of the sacrament of Penance, \\ hich alone I intcnd to viodicate in this appendix, the cagdid reader may infer how firm and un haken every other article of the Catholic creed !'tanrli;, resting as it cloer, in all its part!!, on the unerring authority botb of the written and unwritten lfOrd of God, proposed and explained Þy the infallible Clrorch..

SECTIOY II.

I hall nO\\ proceed to the" examination of the great point in ques- tion, ,iz. the sacrament of pcnance, which I intend most fully, and I trust, equaUy satisfactorily, to prove and to vindicate. The aukwaf(l predicament in which Roman Catholics have been generally placed by their adver!'aries, as wen learned as unlearned, who have been so very good as to draw up creeds for them, in order to combat and refute the'

\"Ïi

samt the more successfuUy, renders it necessary to place this subject first in its true and proper light, and previously to shew what the real doctrine of thc Catholic church is touching the sacrament of penance. I shall therefore for the satisfaction of the public, transcribe the greater part of the fourteenth session of the Council of Trcnt, \\ hich presents a full exposition of said doctrine; 8nd in order that e\Tcry one may fair- ly understand. not what the Catholic willingly or uu"'illingly has been so illiberally made to believe, but what he believes in reality. This session was held under Pope Julills III. on the 25th of N(!- vember. A. D. 1551.

AN EXPOSITION OF THE DOCTRINE OF THE COUNCIL OF TRENT,

ON THE SACRA IENT OF PEN" A:NCE.

SE!5ION xn-.

THE holy fficttffifnick and general council of Trent, in the Holy

· A ouncíJ, is an assembly of Bishops, the lawful successors Qf the Apostles, in which those points are tre3ted that relate tø faitb, discipline and morals. For councils are held either to support the truths of faith, when they are in danger of being shaken by the errors dis emiDated by 11l retics" or to examine and decide question, which r.:gard faith and morals, or to regulate what eppertains to discipline. The assembling of councils is as ancient a:i the church. We read in the Acts of the ApostJcs, of the Bishops having assembled at Jerusalem with the Priests, in ordel'to fxamine what was to be done concerning the i gal ooaervanus, and it was ðecit)ed, that the Gentiles converted to the faith 51.ouId flot be compelled to oogent them; and the church has always looked upon that oounciJ, as tht: model of all those that have been held aftcrwurds. There- are different sorts of councils. 1 st. The æc.umenick, 01' general councils, which represent the unÍ\'ersal chul'Ch: for all the Catholic Bishops are there assembled, and have a right to assist at them in quality of judges. The eight first gen r3t counci1s were

viü

Ghost lawfully assembled, the samf' Legate, and the same uucio,; of the apostolic See presiding therein: Although in the decree resrccting justiJication. much has been alreally 8aid, in many places concerning the sacrament of Penance, the affinity of the subjects, having, as it

e-onvokt'd by the emperors, but ,,"ith the express consent and appro- bation of the Pope: The othet's wert all c.onvoked by the P3pes, as may be seen by their bulls, which are placed at the head of these councils. Thi; authl1rity belongs to them by right, as bdng consti- tuted oyer all the bishops in the world, being the Vicars of Jesus Christ. The bishops have a right to give their suffragt', and their fight is a divine right. The Abbots and Generals 9f reli- gious Orders, also give t heirs, but by Ecc1esiastical right only. The deputies of Cathedrdls, Dioceses and Universities, assist at them in quality of witnesses, exam:ners, 11l{1 c.ounsellors. The Pope presides there either in person, 01' by his legates. The gen- eral councils, when lawfully assembled and when the bishops give their opinions with perfect Ilbc" y, are infallible in their decisions be- cause they represent the whole church, against which Christ has pro- mised, l\Ialth. 16. that the gates of hell shall not prevail. Th6 bishops there pmpose the faith ofthtir respective churches: now this testimony which each bishop renders of the bdieE and tradition of his particula,' church, enahles them to know, whether all the churches agree in tht> snme dogma and in one alld the sam practice. National councils aloe composed of the bi'hops of many of the prirtcipal set:s cf a kingdom or nation; and provincial c.ouncils are com?osed of the bishops of a metropolis, of the Diocesans, and of tbc:ir cJergy, that is to say, of thE Abbots, Deans, Canons and Curates of a diocese. The decishns and judgments of particult\r councils
 * lfe not infallible, and may be reformed by the general councils; yet,

when they are apploved of and recd,,'ed by the whole church, their .1ecision b comes entirely certain, and gives the same weight to their {1ec.rees as that of the eneral councils: for the unanimou consent of all the c.hurches, in a point decided by a particular council, is an in. contestaùle proof of the tradition. anq carries as much weight with it as the dec.ision of a g-eneral council. The council of T fent,úf which mtntion is maùe above, is the last of the general councils It W.lS held at Tt'e.l1t, a city on the frontiers of Ul;rmany. It \\::\s f>penecl in the year 1545 and wntinued until 1563, so that i lasted nc
 * rly eighteen years, during the Pontificate of

&x

wèle, neceisarily required it, has judgel1, ne,'crtheless, that h will ùé Qf no small utility to the pubUc, ill the great multiplicity and diversi tyof errors which appear at this time tuuching this matter, to give a more ampJe definition and explanation of it, in which, after baying de. tected and destroyed a1l these errors, by the assistance of the Holy Ghost, the Catholic truth may appear in all its eviclence and lustrt', such as the holy council here exhibits it t(,l all ChristiaD to be per- petually heJij and observed.

CHAP. I.

OF -THE NECE:5SITY Al't'"D INSTITUTION OF THE SACRA.MENT OF PEXANCE.

If aU who are regenerated by baptism were so to testiÎy their gratitude to God, as to persevere constantly in the justice they received thereil). through his grace and bouDty it would not have been necessary to bave instituted any other sacrament than J?aptism, for the remission of sin. But because God who is rich in mercg, Eph. 2. knew the frailty of our weak nature, be has been pleased also to provide a remedy, whereby those, Who after Baptis;m should be brought again under the bondage of sin and into the power of satan, may recover life, nameJr, the sacrament of Penance, through which, the merits of the death of J' esus Christ are applied to such, as have fallen after Baptism. Penance has been, in all times, necessary to all men who had sullied their consciences by mortal sin, to obtain grace and justice, even to those who desired to be cleansed by the sacrament of Baptism, where. by renoundng and correcting their evil ways they detest the offence

five Popes, viz. Paul III. Julius HI. IarceUus II. Paul IV. Pius V. 3nrl under the reigns of Charles V. and Ferdinand, Emperors of Germany, of Francis I. Henry II. and Charles IX. kings of France. There were present at it five cardinals, legates of the holy see, three patriarchs. t:hh.ty-three arch-bishops; tWo hundred and Ü1Ïrty-fìve bishops; seven abbots; seven generals of religious orders; ind one hundred and sixty docters of tht:ology. It was assemblerl for the purpose of shewing what the true doctrine of the Catholic church was. This council contains twenty-five sessions. a.nd ha" been received and appro\"ed by the whote church. n

i

tbey had committed a Rinst God, joiniug thrreto a hah.ed of sin and a grief of the heart. "'hence the Prophet sals: Ezek. chap. 18. Be converted and do Penanu fot' all yow' iniquities: amI iniquity shall not be yorlrruin. And our Lord sa}'s likcwise: Luke 13. Unlr.li;s YOlt ,10 Penance you shall all likewise perish. And St. Peter the pl"Ìnce of the AposUesf recommending Penance to the siune1's who were to be baptized, said to them, Acts, c. 2. Do Penance and be baptized evcr..'J one oj you. But yet Pcnance was not a sacrament before the 80ming of Jesus Christ; Reither is it after his corning, f01" anyone who has not been baptized. Now, our Lord J eSlis Christ, princillaIlJT instituted the sacrament of Penance, when after his resnrrection he breathed upon his disciples) sa)'ing to them: Receive ye tile Holy Ghost: 'whose sins YOll shall/or- give, lluy are forgivcn them: and '1vhose you shall rdain, they are re- tained, John 20. By whkh remarkable action and not less e:g:pressive words, the Holy I athcF5, have always unanimously understood that the power of remitting and retaining sin, had been imparted to the Apostles and to fh ir lawful successors for the T conciliation of the faithful, fallea after baptism. Hence the Catholic Church with very great reason formerly condemned and rejected as heretics, the *'N OVR- tians, who obstinately denied tl1is pOwer of remitting sin. Wherefore the holy council approv!ng and receiving this sense of these words of our Lord as the true one, condemns the imaginary interpretations of those ,vho, in opposition to the institution of this sacrament, wr st and falsely apply these words to the power of pr aching the lrord of God and aunouncing the Gospel of Jesus Christ.

· The Novatians, were the c1isdples of Novatien, a Priest of the city of Rome, who lived in the third ccntm'}", with whom :NOVJtus, a Priest of Africa joinerl in opposition to St. Cornelius, Pope. This Ðpposition oc.cassioned a temporary schism in the church. They maintained, that the church had no pmver to rt:mit sin commi ted af- ter baptism. St. Cyprhm, St. Pacien, Bishop or Darcelon:t, St. Am- brose, St. ß!\&il, were the Princip31 Fathers who wrote against this }lereay. It was condemned in several councils held both in Ita)}" and Africa; and finally by the general cûuncil of Nice. It was in conse- quence of this schism that t. Cyprian wrote his admirable work, ón the Unity of the Church.

CHAP. II.

OF THE DIFFERE:SCE BETWEEN THE ACRA)lE T OF PE NANCE AXD TIL\.T OF BAPTI

I.


 * M01tEOVER it is evident that this sacrament èiffers in many respects

írom baptism. For besides its being very dissimilar both in the mat- ter and form, which constitute the essence of a sacrament; it is manb fest also, that it does not appertain to the mmister of bap sm, to act in the capacity of a judge; the church exercising no jw'isdiction over a pel"SOn before his entry into her bosom through baptism. For n'hat 11ave I todD, says the Apostle, tojuðgethem that are'lVit/lQul.? 1 Cor.5. I t is not so with the iervaots of faith whom our Lord Jesus Cbrist bas once ma(le members of his body, by tile laver of baptism: for, with re- gal'(1 to these, he has been pleased, should they be afterwards conta- minated "ith a13f nime, Dot that they ihould be purified a second time by a repetition of baptj m, ait this is in no manner allowed in the Catholic church; but that they should appear as criminals before this tribunal of Penance, in ordel' that by the sentence of the Priests they may be delivered, not once only, but as often as repenting of tbeir sins, they should have recourse to it. Besides, very dißèl"ent are the effects of baptism from those ot Penance, for b:wing put on Jesus Christ in baptism, Gal. c. 3. '\re be- come entirely a new creature in him, obtaining a full and complete re- mission of all our sins; but by the sacrament of Penance, we cannot arrive at this total and entire renewal but by many sighs and great la- boUloS, which the justice of God exacts from us: insomuch that it is with great reason that Penance has been styled by the holy Fathers a pain- ful and laborious baptism. Now, this sacrament of Penance is as ne. cessary for 8alvation to those faUen after baptism, ao; baptism is te those \rho ha,,-e not yet bt:f n regcUtrated.


 * >'}I

CHAP. III.

F THE PARTS A D EFFECrS OF THE 8ACR \)IE T pI' fEXAXCE.

TüE holy council of Trent moreover declares, that the form of this sacrament of Penar&c in which its virtue and efficacy, principall} con- sist, is contained in these words, which the minister pronounces. Ego Ie absolvo,8;,. I absolve thee, &c. to which indeed, by a laudabJe cus- tom of the holy clmrcb, are joined some other prayers; but they in no manner regard the essence of the form of the sacrament, and are Dot necessary to its administration. The acts of the Penitent himself, namely: Contrition, Confession amI Satisfaction are, as it were, the matter ofthis SaCl"ament; and these same acts, which heín of divine institution, are required iu the Peni- tent for the integrity of the sacramcnt, and for a full and perfect remis- sion of the sins, are al150 calleel in tbis sense, the parts of Pena.nce. But as to the ground and effect of the sacrament, in wh"lt regards its virtue and efficacy, it consists in the recondliatio with God; which is often>> in pious persons, who devoutly )"eceive this sacrament, followed by a great peace and composure of conscience, and with great conso- lation of the spirit. The holy cOllncil, explaiDing after this manner the parts and effect of this sa.crament, condemns at the same time the sentim nts of those, who maintain that faith a.nd the terror8 of an affrighted conscience

e the parts of Penance.

CHAP. I.

OF CONTRITIO!'..

CON11tlTlON lvhich holds the first rank among the aeots of the peni. ent, of ,,'Hvh mention has becn just made, is an interior grief, and a. detestation üf the sin committed" "ith a resolution of ne\'er sinning more. This notion of contrition has been at all times necessary for the remission of sin; and to a man fallen after baptism, it serves as a preparation for the rcmi!:sion of sin, when joined to a cODfideBc

.

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in the mercy of God, and to a desire of doing w..hatevel" is requisite, for the worthy receiviD of this sacramt=:nt. The bo]y coUtJcil declares therefore, that this contrition comprise not only a cessation from sin, and a resolution and a commencement of a new life, but also a Ilatred of the past, according to that of Ezekiel, ! chap. 18. Cast aroag from .YOli all.1Jotlr t.ransgressiolls, by which yqu haVf transgress(,d; and make to yourselves a llETð heart, ami a new spirit. Aud certainly whoever l\ilI consider these transports of the saint5.: To tlite only have I smned, and have dOllc {vii before tlue: Pial 50. I have laboured in 71lY groani1JgG, every night I 'lvill n'ash f1l!J 6ed. Psal. 6. l1uill recount to thee all my .years ill the 6iUerness J of my soul, Isaias 38. and others of this nature; be will easily per- ceh-e that they floweù from a vehement hatred of the past life, and a great detestation of sin. The holy council declares moreover, that although it may sometimes happen that this contrition may be perfect from charity, and reconcile man with God, before he actually receives this sacrament, this recon- ciliation however must not be attributed to contrition alone, indepen- dently of the desire of receiving the sacrament of Penance, \\ hich is included in it. And with rep;ard to that imperfect Contrition, lfhich is called Attri- tion. becau e it spriop:s eommonly dther from a sense of the turpitude of sin, or from the fear of puniihment and of hell, if with the hope of pardon, it exclude the desire of sinning. the holy council declares, that not only it does not render man a hypocrite, and a greater sioner, but it is en a gift of God; and 3ß impulse of the Holy Ghost; who indeed is not }Oet ahiding in the penitent man. bl'lt only excites and as- sist!'l him in iiuch a manner as to prepare him for justification. And although it caunot of itself without the S3crament of Penance lead a sinner to justification, yet it disposes him to receive the gmce of God in the Bacrament of Penance. For it Was with a simHar fear, a fear fined with terror that the Ninnivites were so usefully struck by the preaching of Jonas, when ther did pf'..Dance, and obtained the mercy of God. ThuE, it is falsely

nd without foundation, that some calumniate Catholic Authors, as ü tþey had written, that the sacrament of Penance confers grace \\ithout any good motion from the part of those receiving it, which the church of God has never believed nor taught; anJ they advance also another falsit}", when they teach that Contrition is a fODstraÍned 3'1d iolent act, and got a free and vohmtary onr.

_[i

Rand
CHAP. ,.

OF CO FE SIO'.

l-'1t0 1 the institution of the 83crament of Penance already c:xplainttd, (he Catholic chm"ch h:\s alwaY5\ understoo(\ that an entire confession of sins was ft1s0 institut.ed by cur Lord, and that according to the di- vine law, this confession is nece ary for all those who fall into mortal sin after Baptism: Because our Lord Jesus Christ, before his 3M:.ension into heaven, left the Priests as bis Yice-gerents, and as pre8idents and judges, before whom all mortal crimeli, Ï1 to which the faithful might fall, were to be laid open, in order that they, by virtue of the power of the Kc)?s 'which was given to them to remit or to retain sins, might pro- nounce sentence. For it is manifest, that Priests could not exercise this judsdiction without co nizance of the c use, nor obsen-e that equity in imposin the penalties, if the Peniteni confessed his crimes in en('ral only, and Dot in particular and in detail. 'Vhellce it follows, that all mortal sins of which penitents find them-

clv{'s guilt}' after a diJigent examine of conscience, ou ht to be laid open in confession, hO\\"ever secret they may be; and although com- mitted only against the two last commandments of the decalogue, ns 1hc (' sorts of sills not unfrequently wound the soul more dangerom:ly than those which are done in the face of the world. As to veuial 8ihs wJÚch do not deprive us of the grace of Goo, and into which w{' faU mof(' frequently. although it be hmdabl{', useful and in no manncr presumptuous to confess them,as the custóm of truly dc- ,'out and pious persons sufficiently testify, yet they may be omitted \" ithout sin, and expiated by various other remedies. But, as all mortal sins, even those of thought, render men children of wrath and enemies of God, it is thcl'efore necessary to se k forgive- ness of all from God, by a sincere and Immble cQllfeEiion. When there- tòre, the faithful dcsire to confess an those sins which occur'to their me- mor)', the}", no doubt, expose all to the divine mercy; but those who act otherwise and knowing})" l'etain any, present nothing to the divine bounty whil'h C3n be remitted bf the Priest; for if the patient be n hamf'd to c1i:oicover his wouT1d to his ph}sician, his art wiU not hea 1 what h{' is ignurant of.

xv

It fu1l0\\s also thattho:!c circumstances which ('hange t.he nature 01 the siu arc to lie also e plaincd in confession: becausc without this, I the ii1 tht'rusch CB are not entirel.r exposed by the pf'uitent, nor suf- . lÌ<:icutly known to his judge, (confessor) to enable him to estimate just- 11,- their rie\ iousness. and to impose an adequate penance upon the peniteut. It is tbcrcfore, whoHy inconsonant to reason to teach, that these circumstances have been invented by idle men, or that it is suf. tident to cODre s one of them only, as for example to a}", I ha"e sinned
 * !gainst my brother. But it is moreover impious to assert that it is im-

po ible to make one's confession in the manner thus pointed out, or that it is a rack and a torture to the conscicnce; for it is evident that in ! the church nothing more is reqllir d of p nitents, than after each one i has diligently examined himself, and explored to the bottom, all the \ hidden reCCiSCS of his Cûilscience, to confess th05e íns by which he j recollects to have offended mortally his Lord and his God. But the other SillS, which do not occur to the mind after a diligent I examinatioD. are understood to be included in general, in the same Con- I f 5sion: And it is with regard to thCEC, that 'We confidentl>- say ,vith the prophet: From my secrd sins cleanse me 0 Lord, Ps. ] 8. It is trup that confession from the di:fiìcult}" which it offers and the shame we nu- I dergo in IRyilJ open our sins, m!ght appear indeed a hea y oke, were I it not rendered light, by so many consobtions and :ld'\"'3.ntages" hich I are umloubtetlly conferred by Absolution on thosc who" orthi!y :lp- proach t1JÏs sacrament. Moreover as to the manner of confessing sec:retly to a Priest, al- I though Christ our Saviour has forbidden no one to confess his s ns pub I tidy, by the waf of punishment for his crimes and for }]is o\rn ImmiJia- lion, as well as for the edification of others and of the church which he bas dishonoured; }Tet this is not commanded by diTine precept, no ' would it be ad\"iseable, to require any human law that crimes, particu- hr1y such as are hidden, should be dh-ul ed by a pub1ic confcssion. As therefore private sacrame.1tal confession which has been from ! the beginniDg aud is now in use ia the Catholic church, has ahr:n.s been commcndt'd -by the general and unanimous yoice of all the m I ancient Fathers of the church; the empty calumny of those who are not I a hamed to assert that it is cf human irl\'eution foreign to the command of God, and took its rise from the Fathe] s 3s cmblcd in tJ.e council of Lat ran. is Dl:J.uirestl}" refuted. For the church in this coullcil did not at aU establi h the precept of confession for the faithful, because the"- 'W,.)1 knf'w that it W8'i h)' th hw of Corl all"('ally (' tal,Ji:,b"d anlI n;-
 * t

n1

c:css3ry, but thcy enjoined that this precept sllould be observ d ãt l asi once a year, by all and each one of the faithful, as soon 3S they ha.'1 .urived to years of discretion. . It is for this reason, that this salutary custom of confession i no'" ohserw'd in the Catholic church With so great fruit by faithful souls, and more particularly during the holy and favourable time of Lent: "hieh custom this holy Syuod adopts and highly approves of as beillt repletQ with piety and worthy of being retained ill the church.

CHAP. VI.

OF THE l\ll ISTER OF TIUç;: SACRA)lE::\T, ..L\...;.,D OF ABSO. LenOX.

'Vith reg.artl to the minister of this sacrament, the holy S}'nod (1[- Glares all dochines false aud repugnant to the truth of the Gospel, which by a pernicious error extend the Ministry' of the Keys to alì men indisC'l"iminately, Bishops and P 'iests alone excepted, ex}'laining these words of our Saviour: Whatsoevcr you shall bind upon eartlt, it shall be bOllnd also in Heaven: AIU11vlLUt 'ocv{r you sltailloose upon, EaTth, it shall be loosed aMo in Iúavcn, Jlatt. 16. and 19. And 'll:hose sins you shall forgive, the!) are forgiven tltem: And whose sins you shall retain, they art retained, John, 20. As addressed to all Christians indifferently and promiscuously, contrary to the institution of this sacrament, so that each one has power to remit public sins, by reprehension, if the person reprehcnded submit himsclf to reproof, and private ones, by a voluntary confession to any persoll whatsoever. It likewise tcaches that C\'en Priests who are in mortal bin, exel'cise the pm\"cr of remitting sin as ministers of Christ, through the virtue of the Hol) Ghost receive (1 In ordination; and that the opinion of those is erroneous, who contend th t this power is forfeited by wicked Priests. But althou h t he Absolution of the Priest be a dispensation of the benefit of another, it is not however a simple rninistr}-, or 8 simple com- mission to announce the Gospel, or to declare that the sins are remit- ted; but a species of judicial act, by wruch the Priest as judge pro. nounces sentence: And hence the penitent should not flatter himself, or confide so far in hjs own faith, as to think, that even without contrition on his part, or without anv intention OD the part of the Priest to act sc-

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t.10 5ty and ahsolve really, he will nevertheless from hi faith alone, bð r(' Uy absolved before God; for faith without penance can produce nO remi8sÍon whatsoever of sins: N orean a person be otherwise than deem. &d extremely negligent of his salvation, who perceiving that a Priest absolves him in joke only, does not anxiously seek anothel', to discharge that duty seriow]y.

CH.-\P. VII.

[ As this dJapter treats wholly of re!erved oases, it's insertion is ùeemed unnecessary.]

.

CHAP. VIII.

OF THE XECES.qTY A.."VD ADVA.""AGES OF S...\.TlSF.ACTION.

FINALLY, with regard to satisfaction, 'Whicb of all the parts of pen- ance has been in all ages the most earnestly r cornrnended to Cbristians by the boly Fathers: and which ne"ertheless under a specious pretext of piety is the most combatted in our days, by men 'ftho carry with them indeed the appearance of piety, but who have total1y extinguish- ed its \"irtue: This holy Synod declares, that it is every way false aud repugnant to the word of God, to say that no fault has ever been re- mitted by our Lord without the whole penalty being likewise remitted; for independently of divine tradition, remarkable and illustrious ex- amples may be found in the sacred "ritings, by which this error is manifestly refuted. MoreoH:r the course 01 divine justice seems also to require, that those ,,,ho before Baptism bave sinned through ignorance, should be received into favour differentl}" from those, who havin been once de- livered from sin and the slavel'Y of the devil, and received the gift or the Holy Ghost have not apprehended to profane deliberately tht tun- pl.e of God) 1. Cor. 3. and to contristate î!l Holy Ghost, Ephes. 4. And it is in every respect consÏstellt with the dhine clemency, not to forgh-e us our sins without some satisfaction, lest we might take occa-

ion therefrom to consider them of IefS moment, and by au ungrateful aud injurious conduct to" ards the holy t:-pirit, fall into crimcs more pnormml5, tJ'{(lS1lring to ol{)'sclt' llTath llt{ainst the df1..lJ oj '1 ',"o'"

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Rom. 2. 7. For it is certam that tllcse puni811U1I nl3 unposed as t satisfaction for sin, render penitents more cautious and vigilant in fu.. ture, withdraw them ill a special manner lÌ'om sin, and keep them" ith. in bounds, so as to destro)', by the practice of contrary virtue9, thosf" .infuI habits contracted by a disorderly life. It is moreov r certain that there has never been cOnSidCl"ed in the churcb of God, a more salutary and effectual way of av rtillg thost chastisements ,vith \\hich God continually threatens the sinner, Ulan that of baving requent recourse to these \forks of penance, with sin- cere and heartfelt sorrow. Add to tllis, that whilst by satisfaction 'Wc sufièr for our sins, 'We become conformable to JeslIsCbrist, who has sa- tisfied for our sins, having from thence a certain pledge, that if we pal take in his sufferings we shall likewise partake in his glory. But this satisfaction by 'Which we atone for our sins, is not so much ours, as that it is Dot effected through Jesus Christ. For who of us can do any tlJing, of ourselves but with the assistance of him \It ho strength- ens us, we can do all thipgs. 'l"thus, man has nothing in 'W hich be can glory, but aU our glory is in Christ, in whom we live, in whom WI" merit, in whom we satisfy, bringing forth worthy fruits of penance, 'Which derive their force and efficacy from him, are offered to the Fa- ther by him, and through him are received and accepted by the Fa- ther. The Priests of the Lord ought therefore, as far as the Holy Ghost and their own prudence shall suggest, to enjoin a salutary and propor- tionate satisfaction, suitable to the quality of the crime and the circum- stances, state and condition of the penitent; Jest it should happen that by conniving at the sins of, and acting too indulgently with penitents, by enjoining a slight sati5faction for the greatest crimes, they them- selves become partakers of the sins of others. They should alwaY5 J'eflect that the satisfaction which they impose, is not only a presea va. tive in their new state of life, and a remedy for their infirmities, but likewise a retribution :md a punishment for their past sins. For the ancient Fathers of the church always believed and taught that the keys 'were gi\"'en to Priests, for the purpose of binding as well as loosing, nor did they think that the sacrament of penance "as a tri- bunal ðf wrath, or of torments, which no Catholic ever thought, or that by our
 * ltiEfacti(lns, the yirtuc anrl efficacy of the merit and satis-

faction of our Saviour Jesus Christ, was iLl the least weakened or dimin- ished. But '\rhiJst innovators did not wish to understand this, the} taught, that a chan e of life was the best pcuance, that they might UU(i dC4I!troy the eutire efficacy amI pl'actice of satisfaction.

1

CHAP. IX

OF WORK OF SATISFACTIOS.

THE hoJy council teaches moreover, that so great is the bounty and Jiberalityof God, that we can satisfy God the Father through Jesus Christ not only by the punishments we voluntarily embrace, as a chas- lisement for our sins, or wbich arc enjoined us by our confessor accord- ing to tile measure of our f.1UIt; bui also as the last pledge of his love, by suffering with p3tience the tfmporal affiictions-, he is pleased to send us in this world.

.

SECTION III.

HAVING for the information of the public, fully shown what the rea' tenets of the Catholic church are) concerning the sacrament of penance as tbey are exp1icil1}" laid down in the above mentioned s sion of the council of Trent, and beld throughout the whole CaUlO1ic world, I shall 1]01'" proceed, for a furtber elucidation of tbii interesting matter, to ex. hibit the principal grounds upon which the doctrine of sacramental con- fession is founded, QDd the testimonies by which it is supported. I shall first produce the passages of the Gospel proving it to be divinely JDitituted; secondly, shew how the 1101y Fathers, who certainly ougbt to be acknowledged the best interpretors of the sense of the scripture, 'have understood these passages; tllird{'1, bow the councils, as wen general, as particular, bave always understood them; fourthly, what the universal practice of the church is, and has been in all 3ges, from the times of the Apostles do"\\n to our present time; and, finally, the opinions and belief of many of th Refofrl.ers thcmse1v 5 toucbiDg this aU important matter...

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-'II

CHAP I.

TßE OnLIGATIO OF COXFESSION PROVED FRO)! TlIJi: GO PEL.

THE holy council of Trent in the fifth chapter of the 1,11h scssion, declares the conCession of all mortal sins to the Priests of the church, tile lawful successors of the Apostles, to be* necessary, by the divine law, to all who fan after Baptism. To proceed with method, I sl}all condense the whole force of the divine testimonies in fa,"our of the above doctrine into Ùle following s)"lIogistic form: l\1AJOR. Allwhn hn,'e fallen into mortfll. n, are boond b!J the divine law to do pel,ancc, and to seek a reconciliation with God.- l\-IINOR. But tlte nlussary mcan!J to a reconciliation mith God tifttr Baptism is the confession i!f all mortal sins to a Priest: CONCLUSION. ThcrtJure, all who have fallen into mortal sin afttT Baptism, aTe bound by the (livine law, to cunfess all mortal sins to ø Priest. Proof. The Major prop itinn VU: All 'Who havefalkn into mortal sin are bound by the divine law to do penance, and to seek a reconcilia- tion 'TVith God: is proved from these and iDuumerable other texts of the divine Scripture: Do penance, l\fat. 3. 2. Unle.çs you 110 penance, .'IJU shall all likewise perish, Luke 13. 3. Be eOnl;crted and do penance for all your iniquitie.ç : and Îniq,Úly shall not. be!lur,,' ruÍ1a, Ezek. 18. 30. As this proposition is denied by no one; I shall proceed immediately to the proof or the Jlinor, couch in these words: But the necessary means to a reconciliation after Bapti8m, is tlu confðssion of all mortal sins to a Priest. This is the great point in question; to prove which, I shall again reduce my argument iato a sJllogistic form, viz: l\1.AJon. Christ has instilrlted the Apostles and their lawful succes- SUI'S, the Priests if his church, to be judges upon earth, invtsted with (J ,. · The sense of the council is: that confession is necessary to aU Ke1I raliy; for where confession is impossible, as for example, where a Pi"iest cannot be had, contl"ition witk a desire of confession, suf. fices to aalvation, as the council expressly says in the fourth chap. of the same session.

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'J/JivtT, "Iltl, 'ivilltOut "tcir 8tntence, 110 sinner fallen aftcr Baptism CaJi Ile reconciled: l\hNOR. Bltt the Prie,çts l!f his church cannot form a right jut/g. rncnt, unless they kn01v the SillS: COlfCLUSION. Therefore allwllo havl fallen ofter Baptism are bound 1,1/ thE divine lalv to reveal their sins to the Priests oj his church:- And hence tile confession of sins is a necessary means to greet the recon- ciliation of those 1l1ho lwve fallcn aftel' Bapti.wn. The J\lajor proposition alone in the bove syllogism is to be proved, viz: that Christ lws instituted tlte Apostles ami their lallful successors tile Priests of his church, to be judges upon earth, that, without their sentenclllO siillltr fallen aftEr Baptism can be TtconciÜI!; for the!I[inor is so evidcDtin itself, that no ODe, I bdipve, will ever pretend to deny it: for, without a cognizance of the cause, it is impossiblf> for any judgment to be formed, even in thought. Let it be 8upposed for example, that a pl'ivatc individual should present hhnself before a civil court, request- ing a decision of his case and desiring to be informed of the penalty, if any, att:lched to his hau

n:ssion. What 3U:S\\Cl" think you, would the judge naturally makc him? He would tell him: ":\-fy good friend, I should be glad to know first what lour case is; what law bayc you infringed? 'Vhat has been yom' transgression? How often, &c. Otherwise how shall I be able to determine any thing about you ?"- The whole difficulty therefore rcst8 ill the major proposition 'Which ha,ing proved from the Gospel, viz. that thc ApòstIes and their lawful successors, the Priests of the church, have been constÏluted judges by Jesus Christ in the causes of Penitents, I shall at once have proverl, that the confession of sins made according to their respective species to a Priest, is indispensably necessary by the divine law. There are three principal passages in the gospel from which this judicial power is most clearly demonstrated. I. First, where Christ thus addresses St. Peter, Math. ] 6. 18. ThU art Peter, and 'Upon this rocl: I will build rny churc/".........and I will give to thee the KEYs of tlte kingdom of Iteavtll: and whatsoever thou ßhalt bind upon tw,th, it shall óe hound abw in /"caven: and ,vhatso. ner thOll shall loose upon earth, it shall be looset/ also in heaven. II. Secondly, where he makes the same promise and in the samE' terms afterwards to his other Apostles, l\Iath. IS. 18. Amen I S8!! to you, whatsoever .YOle shall billll11pOn earth, shall be bound also in heav- tn: ami n'llalsofrer .'/01' 8halt loo. e upon earth, shsll lie loosed also in '".r'm.

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Ill. Thirdly, where be finally accompIi!'hes his promise 3ud cx- p1ains to them in the clearest mal1ner, the sense of his formel' promise,
 * md the nature of tbc power he had promised, John 20. 2 I.

As the Father hath stnt 11Ie, I also send YOli. When he had said Ihh., he breathcr[ on tllem: anclile said to thrl1J: lleceive!Jc th, Holy Ghost: Whou sins you slzall jorKiu, thtg arc forgiven them: ami 'J"f'lwse YO'll shall retain, thC!J aTe 'retained. The first passage cited above contains a promise made to Peter 3]00(': But neither Catholics nor Prote:itants doubt of St. Peter's bav- ing received the keys, not onJytouse them himself, but al60 to commu- nicate the same to other Priests. · The second passage contains a promise mad to all the Apostles or a certain prediction of that power which the Apostles and their lawful successors 'Wcre afteTwarc13 to rcceive. And as the eternal truth can- not deceive, nor utter a falsehood, although we should Dot read any 1\"here this luomise realized, we could never entertain the least òoubt cf their havilJ received this power. The third passage contains the final accomplishment of the promise, the very concession of the power itself, and the complete establishment of the whole sacrament. But as the adversaries of the Catholic Church do not deny this power of loosing and of binding; or of forgiving and retaining sin, to bave been indeed promised aud given to the church in these passages; but attempt to interpret this power as appl)ing only Lo the ministry of preaching and announcing to penitents the remh:sion of their sins, and to impenitent!! the anger of God and eternal damnation, it is incumbent on us to shew tI}at the true power of absolving aud of retaining in with authority, is derived most evi(lently from the!;e texts and that by \irtue ofthis power, are in reality constituted judges in the causes of sinners, in the room of Christ. I. This is first manifest from the very metaphor of the keys, of \i hich mention is made in the above text: I 'Jvill girJe to thee tlte kC!Js lfI the kingdom of luavCll., &c. For iu the fil st place, it is not customar) for keys to be given to 5i nify merely, that, the door is shut or open; hut to open and to shut it in realily.-Again, do 'We not see, even among .men, ke}"s given to magistrates as a mark of their power? and in 1hc ordination of the porter or door-keeper, one of the minor orders of the cl rg}-, the keys of the material church arc given him, not . hat the dOl:-keepcl' should declare whet11cr the door of the church be

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.lmt or open, but to!&hut and to open it in reality. Lastly, ,,"ben it is said in the Apocal} pse, (chap. 3.) 9f Christ: Wlw hath tlu: key oj Davit!: he that (jpcndh, and '10 man ðlLUtldlt; shuUdlt and no man cptlltlh; all ßgree that the word kEY implies a true and real power, by \\hich Christ can both absolve and bind with judicial authority, and not merely intimate aDd declare who is bound and who loosed. Wherefol"e, when Chrbt gave the keys to his apostles and theÎ1 lawful succes or:;, be imparted to them a tl1le pmver, to bind aud to bose, "\\ith judicial authority. And as no one can entcr a bouse when f.hllt, unless he who is charged \\ ith the keys open the dOQr, so also neither can anyone enter heaven, shut against him by reason of bii crimes, unless it be opened thl"Ough tl1e ministry of the priests, the lawful successors of the apostles, who alone have the keys. For if there should be any other way to it, the apostles would have rcceh-- ed the keys, c\-idently, to no IHl pose. f'or wbat necessity 1\ ould there be fOl' keys, when, W'ithol1t kcy , and even in spite of the door. keeper, access uld be had? I ct no one sa.1f, says St. Austin in his ..9th Homily, I lÌJ penance privaltly 'With GOlI 'Who knows my sins: fer thtn in 'Vo.Íll 1vas it said: ,diOse sins you shall forgive, they are Jorgi C1l than. Wire thtn the kl!Js given in 'Dain to the church of God? rJ'é jrllstrale the gospel, we frustrate the 'words f{ Christ. Nor does it in the least weaken the force of the above argument to 53.Y, that in baptism even they who have not the keys can Op '1 to man a way into heaven, as in the case sf infants baptized by laymen in a case of nocessit,-, and who die shortly after. For the power of the keys is a judicial power, and therefore is properly exercised to- 'Waròs those on1y, who are already in the church by baptism. FOl what have I tò' do 10 judt!e them that are" itbout, says S1. Paul il! bis first epistle to the Corinthian, 5t1l chap. Therefore, by baptism nlen are admitted into the church, and are subject to the power and judgment of the priests: but, if afterwards they fall into mortal sin, they can ill no mannel" be reconciled (the Citse of impossibilit\- ai mentioned above in a note, being except d) without the benefit i th" J.: f'} s. II. It is proved in the second place from the metaphor of bj!}òin anrl (Æ loosing: for to hincI and to loose, certainly do(' not sj nify t

31lDounce or to Jec1are, but actnally (0 confine with bonds and to Ii he..att:: from tht:m, amI e pccially in thp abo\"'c tf'xts of St. Iatthe\\" chap. 10 and 18,otherwi8e our divine f=a\ lour ,,"cuM uot hare sai,) ll,hal,)otVfJ' fhflu .<:ins!JOll shall forgive, they are forgiven them, and whose you shall retain, the!1 aTe utaim:tl. By which remarkable action and not less expressive n1ortls. says [he Council of Trent, in the 1st chap. ] Jth session, the holy fathers lUlU always u.nanimously undtrstood, that the powu 0/ remiltin!( and 0/ rtlcUning sin 'was im- purtell to the apostles aml thâr lan!lill successors for tlu reconcilia- lion of the .faithful, fallen after baptism. Aud indeed, either the 'words of Clu'i&t just quoted mean nothing at aU; (wh;ch, it would be impious even to think,) or, they manifestly mean, tb..' Christ did grant iJJcreby to his apostles and their lawful successors, the power net on- ly to torgive, but also to retain sins. This being oD,ce supposed, which cannot be d<'nied, the Catholic divine in support of the necessity and (\ivine institution of confession, forms this unanswerable argument: Christ i[) the above passage has constituted the apostles and their la w- ful successors judges between (jod and the sinner, and accordingly has im-ested them with the powel' not only to forgive, but also to re- tain sins; but unless confession be of dh ine institution and of abso- lute necessity for the sinner's reconciliation, the use and exercise of this power would be altogether nugatory and useless. nay, eycn UUel"- )y impossible, which cannot be asserted without blasphemy: therefore, cOllfe3sion is of divine institution and of absolute ncceEsity for the sinner's reconciliation. The major proposition being made up of the \fords of Chri..t wants neither explanation nor proof. The minor is cquall)" certain; fOl' it is not less clear than evident, that if confession be not of divine institution anrl of absolute necessity for the reconci- liation of the sinner, t!:mt is, if there be other ordinary means to ob- tain the remission of sins committed after baptism, different from con- fession, the use and exercise of the power of fOl' iving and retainiDb sins would be rendered thereby wholly u eleis and nugatol'Y. For .who is there, if he knew of any easier mode of recol1ciliation than that of confession, that would not prefer it? \Yho is there that would be so fascinated by the charms of humiliation and self-denial, as to mbmit, in opposition to his most darting passions of pride and self Im"e, to tht' mortifying law of "uricnhn ronff's8iou? For the correct- ness of this reasoning, I "ppf'al to the reader's own good senSf'. But supposl/lg cven that some sinners houlrl be found penetrated with sr vehemrnt a Sf1rrow and cflntritlol1 i\'ì to f<'ftn' to thr> rrif'f.t for fhl'i,' n

x:tTl

greatel' hmndiahoD, even ,ef, the use and exercise of the puucr gran- ted them would be impossible without confession. For, as they have received the pm' er nût only to forgh-e but also to retain sins, a power 'Which cònformabJ}' to the intention of Clnist, they are to t;xercisc not at random, but prudently and" ilh discretion, it must be a part of theÎ1' ofiìce as judges, to discern 'what sins they are to bind, and wbat to loose, what sins to retain, and, hat to forgh'e. Now hoW are they to form a just judgment, how can they make a just discernment, how can they distinguish amongst a croWd of supplicants the penitents to be absolved, from the penitents to be excluded, if they know not the sins 'Which have been committed? And how are they to know the sins, if the ppnitents themselvf's do not declare them? How could a eivil or climinal judge, ever be ahle to decide and determine, agreea- bly to the invariable rules of justice and equity, the degree of punish- ment proportionablè to the number, quaIit}" and a ravating circum- stances of the culprit's crimes, unless he be made acquainted with them? As little would it be possible for the apostles and their successors to enjoin a penance pl'Opertionate to the guilt of the sinner, without knowing the df' ree of this guilt. The absolute and indispensable necessity of confeasion, therefoi'e, flows naturally from the above words of Christ. It is fssentiaU)" connected with the power granted thereby not only to for ive, but also to retain sins, a power, the exercise of which, without sacramental confession, 'would manifestly be vain and useless, nay even impm:sible. Hut it may be objected, that although Christ gave power to big Apostles to bind and to loose, to for ive and t'O retain sins, it docs not follow. that theil' successors have that power. This ob:ection is 50 futile in itself, that I should have deemed it ua- l\"Orthy of notice, had I not been assured of its being frequently urged to prop a bad argument.-The power of binding anrlloosing Was cer- tainly given to be exercised till the end of the world, no less than the commiFsion of preaching, baptizin, &c. which, though addressed to the Apostlcs, was cf'ltainly designed to continue with their successors, the Pastors of the church, for ever according to that of Christ, Matt. 28. 20. Behold lam 1I,ith!JOlt all days, even to the consummation tf the 7vorltl. Hut it will be farther objected, that from the doctrine contended fOl above, this monstrous absurdity 'Would follow viz. that man can for. , ive sins, "hich is a prerogative belonging O111y to God. To this I Rnswer, that the Jewish scribes and Pharisees were former-

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Iy under a similar impression, but they were severely repreheuded fm it, and put to confusion by our Saviour Christ; for when our 5ayiour as we read in 5t.Matthew and St. Mark,) had told a man who was

ick of the palsy, that his sins were forgiven him, some of the scribes and Pharisees WllO were there present, conc1udtd immediately, in their llearts, that this was blasphemy, tlâs man, say they) hla.-,phemeth, for wlw can forgive sins except God alone .2 But our blessed Redeemer. 1\"ho came on purpose into the world for the I'emission of our sins, was instantly sensible of this wmog notion of the Jews, and therefore be- fore they could even express their thoughts, he said to them, Why do !Jou think nil in!Jour hearts? For, thal!jùU may see that tluJ son if man hath porrer on earth to forgive sins, he turns to the sick man say- ing, Arise, take up thy bed, and go into thy huuse. 1'he Jews were here under two mistakes: In the first place, they thought our Saviour was not God; and in the second place, they thought that being man, he could not forgive sins; therefore, our Sa- viour Clnist, for our instruction concerning the remission of sin, was pleased on this occasion to pa<:s by (in some de ree) the first mistake, and more expressl}' to coufute the secoml; on which account it ought to be notked, that he does not say, that }"ou may see that I am God, e>r that you may see that in quality of God, I can forgive sins; bur to let you see that in quality of man upon earth, I have power to forgive sins. H might be said that our Saviour would have used (against the Scribes and Pharisees to prove himself God from their own princi- ples) some such argument as this; you g-rant, that he who forgives fins is God; now by this miracle 'which I have wrou ht, I shew lOU that I can forgiye sins; consequently, accordin2; to your own princi- ples, it follows that I am God. But our blesæd Redeemer did not epenly make use of this argument; for although tacitly and in fact., f'5pecially in discovering to the Jews their own thoughts, he gave them sufficienlly to understand th,at he was God, the searcher of hearts: yet in the curing of the man sick of the palsy, 'fhat he more express- ly made appear "\\as, that even in qualitJ of man, ht. had power t. rorgive sins; this being the intention of the miraculous cure, thai !Jou may know, sa}"s he, that (not only the Son of God, but also) tlte son l!f ]JIan has pOlVer even upOIl earth to forgive sins, arise sirk maD lake rip thy bed and go into thy house. Upon this, as it is related ig the chapters above cited, all the people were astonished ami seized 1\"ith fcar, and all glorified G oel, not because God himself had sucJt

xxviii
power "hich they knew before, but because he lwei given such POW(,I even to f1l(1l. N ow as from the divinityof our Saviour down to hi!; humanity is de- l'ived and descends an unlimited po" er of remitting sin,!50 from our Saviour, \rho Î:) our head, down to the ministers of his church who are bis members! is also derived and debcends a power of l'emitting all sins, of "hat kind soever th('y be, not indeed in their name, or by their own authoritr, but in the name and by the authority of God. As th Fatlll lwth smt '/lle, so I send YOll. John 20, 21. IIe bath sent me to save the \\orld; you shall also become in some ml't its Sa- "iouTs. He has Ecnt me to dcsta'of sin, to s:mctify finners, to recon- cile men ,,,ith him. Go, comiJletc this r('at ,rork, n/ld to this effect, receive ye the Ilol.1J Ghost, u'hose sins .tlmt shall fO'fgilJe, th lj are forgi-. f"tll them, llnd n'/wse . ills you shall nlaill they are retained. John 20. There is no absurdilJ thrl'efore in sa}"ing, that man can forgi.ve sins wben empowered by God so to do. It would iudeed be not only absurd hut bb:::pbemous to say, that he can forgive sins by his own power, as no man by his own power can raise the dead to life; because both the oue an(l the other equaUy belong to the power of God. nut 3S God has 50metÏ!nes made men his instruments in raising the dead to life; 50 the Catholic believes that he bas been pleased to appoint, that his ministers should in '\'il'tue of his commiBs:on, as his iustllunents testimonies of the Rahim:, and the practice of the nation sufficieutl} shew, that this.. precept is to be uuder tood of distinct confession, and according to the species of the sin, for the ex- piation of "Which, sacrifice was to be offn ed. Rl'!'=pecting the prac. tice of the Hebren s, Thomas "T alden iu his second tome õn the sa- cnmcuts, chap. 137, writes, that he was informed in _\u tria of this their custom, by the J cn" t11emsclns: and St. Auto:: ;UlIS in the third part of his sum. Theologic. tit 1..1, chap. 0, 1, says, th:lt the more J 3rued among the Jews were always careful, before their death, h confess aU their sins to some Levit(', if perchance one couM be had. For the testimonies of th Rabim;, see Peter GalatirJUs, lib. ] 0 chap.
 * I. who proves from mau}' testimonies of the Rabins, that they COIl-

ceived it to be necessary in confeSEion to male a full declaration of ,heir sins, accordinA" to their different peciç5 and circumstauces. Add to this, that it is more than probable, that the book of Ecclesi- .,sticns in the 4th ch p. exllOrts to the obf:ervance of this legal pre- cept. when it a,.s: Be not ashamed to confess tlty sills: for there is,

cnerally spea: ing'. -çery little hame attending a confession made to God alone, or which is m de in f'ncral terms only to men; but the fe- -verse is but too often the ca c in a confes!=ioíl made to men, accordin7 to the different species ('If t e sin, as experience sufficiently proves. The fourth figure is found in St. l\lauhew, chap. 3, and St. .MarJ, chap. 1, where we read, that many went out to John (the baptist,) and were baptized by him con(cssmg their SitlS: fOl' as the baptism of John was a fi ure of the baptism of Christ, so also nas the confes- sion which "\fas made to John a figure of the confession, which was to be made to the ministers of Ch'.bt. Here it must be also remark- ed, that tho e \\ ho went out to John, did not declare themselves in ge- neral terms, to be inners, for this \\ ould not, in anr manner, be conform- able to the \\ords of the Evangelists; but they most eYirlently made an open and thorough confe sioll of all their sius according to thdr different species; tor both Evangelists expressly sa}', that they \rent out ullfcssing their sills, conþtenlfs pcccata sua, or as the Greek has it, ; Ðf'tOM"IO: EftJ: .às D,!.ut. T:rtS "f)T Y. Now, it is certainly one thin

.\.:3. iii

tù cooles.; Oil 'S sins to a person, nod anolItt:r, to coules! 01' ach.now- ledge one's-self in general terms to be a sinner. From wbicb passages therefore, it is manifeht, that confession was more than once f'njoined even in the law of nature-tbat it was after- wards more clearly instituted and ordained by God in the old law- tbat it was al"ays considered by the Jews themselves to be of divine instituûon, and consequently obligatory upon them, and final1y, that it was every ",here practised among them. Which then being the case, how strongly may we infer, that confession in the De aw is equall) of divine institution and no less ob1i,gatory. wheB it i the thing .-u- red, as the hol)' FatheJs Uflanimous)} declare I s. aU forhear produ- ciug other fIgures, coofirmatory of the same, such as the resurrection of Lazal'us, of ,t hich 81. J re:Hm (lib. 5. c. ] 3.) sars; that this was flu symbol of a man Ivho lwd b ....1' IctttTtd bj" the chains of his sins, and tllcriforc (JilT Lortl smil, (to his apostles, as St. Austin tract. 4g. in .Joao. and St. Gregory, homil. 26. in Evangel. testify) loose 1:.im and let him go, John I], in Ol,del' to proceed to shew the practice of con- fession in the days of the apostles, and bow the texts, Whatsoever !lOlt shall billd on earth sllall be bound also in Item/en, &c. and 'lVh06 'filis you shalifO'i'f;ive, 8.:c. were understood in the primith.e cburch

CH \P. II.

THE SA1\IE TRUTH IS CO FIRl\1ED BY OTHER PASSAGES OF THE I\EW 'rESTA lE ".

IN the precefiing chapter 'We have shown that confession is of di.. \ ine institution: we shall now prove from the most undeniable tcsti- mony, that the apostles and first disciples were ill1pre sed with this be. lief, and acted accordingly. The first remarkable passage which presents itself, is found in the _\c15 of the Apost)es chap. 19, wherc we read these "ords: Ami ma.. ny of those 1l!ho klievtJ, cat1te confesdllg and declaring thEir deeós : and man}} 0/ those '/Vho /ur.d followed curiOliS things, brollght their books tugethír and burnt them bifore all. This text, in the first place, is to be understood of the confession of thc faithfu) dtcr baptism; for, they olll} are properly called be]ic- vcrs, as is evident fiOm the 2<1. chap. of the Acts, v. 41. and 44.; and
 * 1

so. 1st F:pbt. These. 1, and man.f olher places: 001' Í3 this denied E

\.À.\.l v

L.r our aòversaries. In thf' ecoDd place, the scripture UlhlUf'sGom.. bly 8peaks here of the confession of sins according to their diffcl'ent

p('cics, as Hppears from these \\ords: c01ifessill ami declaring t1uÙ d etls: An 1 J..'\!'>tly, of a confession made not to God alone, Lut also to men: for they came to St. Paul, ill order to confess their acts. And bpcanse there ,ras at that time no law or constitution of the church commanòin the confession of SillS, it necessarily foHows, that thi:, confession must ha\ e been ordained and instituted br Christ. Luther in Ms \"eri"inn t.lecbres, that the \\ onI deeds ill the abovE' passagf' signifìf' 'l1Iirntle.s, and is joined in this opinion by John Bren- tius in bis commentat.y on this pas i:lge. But this exposition is not only rejected by the Illlallimolls conseut of all catholics, and especiaUy by \ mcmble ßede, in chap. 1. of Mark; but by far the l"Catf'r part of the Reformers themselves, as l\Ielallctholl, Calvin, BeLa, Bullinger, Sarccl, upon the Acts of the Apostles, Illyricus Centur ]. Book 2. c. 4. col. 347. autl h.cmnitiui in the 2d part of his Exam page 98 i. See also the Polyglott of Wal- ton. Besides it is unheard 0 that miracles shoulll be term d our tkells, ,\ hen they are certainly WOl' s purely divine; amI still more absurb to pretend, that the words COil essing their tltetls, signify proclaiming, or boasting of the miracles which they had wrought. " e may also add, that the occasion of this coufession, as St. Luke testifies in the same chapter, was a great fear which had fallen upon them, in consequence of the signal punishment which God had infiicted upon those, who had abused of the flame of .Jesus. Now the terrors of divine justice do not geuerally iuci persons to pmclaim theÍ1' own prai::.cs, but rather to ackllowled c and to confess their sins. III shO! t, the Syriac dition, iustead of tl cds, has tile wonll!Dènces, "hirh cCItainJy does not imply miracles. Kemniiins in his book cited abo\ye, attempts to give two olutioll" to our ar umcnt; yiz ht. r 'Imt the Fcdpture in this place speaks only of cnerar confessiou, \\ he rf'Ïn the Ephcsian acknowlt'd ed that their deeds wer not accordin to thc law of Gort 2<1. That they might have confessed some sins in particular, by 1va\' of example, but not all.-But this solution is mo!'t f'Hfily refuted. For, in the first place, the word their dads cv:df'ntIy indicak, that e conff'5 ioll was here malIc of all sins, accordin lo tll( ir diflèrf'ut!'pccics: for 110 Olìe call be propcd said, to confebs his tllCtls, who imply avows himself iu

cneral tfrmi, to he a "im}f. Bn illcs, the \\ord tfalare, or tile Gr" '-

,

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1ïOT{l fHt 'Y:M6', which St. Luke here ßlakes use of, signifies, to .I-f.)ate something distinctly, and in the SJriac edition, "e find a \ford, \fhich t-Ì!rnifies the same as the Hf'brew, Saphar; and may be properl,r tr:mslate l, numberillg their sins, which certainly imports a detailed ('onfcssion. In a word, how else did St. Paul know that they hafl fol- 1o\\"f't\ curious things, so as to order their books to hf" burnt, unl<.'85 thpy ktd prcviously confe 5('d thdr Eins in detait ? 'fhe other solution, \\ hieh is tJle same as that gin n bf Calvin, in his Comm. Act. and Ma debnrgensium Ceotur. ]. lih. 2. chap. 4. col. 360, is manifestly reþugnallt to the whole scripture. For whenever the scripture speaks of sin in general, it i, and must be understood of aU sins; and should it he understood of some only, and:" not of all, the most absurd and ridiculous sentences mi ht be found in holy 'Hit. Thus for e'Yample: Daniel iv. 21. Redltf1l tholt. thy sins with alms.

lath. L He shall save!tis peoplefrom their sins. Math. 9. Son, bug good Ilea) t; thy sins m"e fOl"gÙtm thee. L 'kc 1]. Furgil!e us our sms. Jühn 1. BtllOlclwho taketlt away tlte sins of the world. Acts 2-1. That they wa!/ receive.rorgit'enc s of sins s c. In thei;e and innu- merable other places, the sCI"ipture "peaks of ,ins in eoeral terms ouly, lct it is manifest, that it intenòs and bclllllps aU sins; and ;\1though each one in particular be not {' pre 5et1, they are nevcrtheless evidently understoo(l; and no one will ever (]oubt, but that Retl{(11) tb.y sins 1vith alms; He shall sat'e his peoplf from their sin ; Son be if good heart. thy sins are forgirm thee, &c. &c. mf"an,,; OIlC and the same thing with, Redean all thy.fiillS niih alms J He sNa I save his people frcnn an thá,. sins; Son be of ood he;\rt; ::In thy sin It witllOut excpption, l1.re forgivm thet, a:Jd so of the rest. Wherefore. (J.ccon1i l l,2: to the manner of speaking of the crjpture, to confess (lilt! to tied re their deeds, or sins, can mean nothing ehe, than to disco,,-er and to reveal all their sins. . Desides this solution, which we have brieflr refuted, Calvin has thought propel" to propose a fewantithes('s in his commentary' upon the Acts, betwt'en the fonfe sio.J of these Ephe ians, UJd. the cO:1fe sion, as it is now in uSCs of the caih lies, in ordcr to make it appear, that the above cited text, doq; nm. in tl]e lea t fa,-our us: We read, says be, that these confessed hut once; but the Papal low cm1ll1lamls 1I.1t to con- fess at lea t once (very year. Tllise 1Vtnt forlVa'rd f!f theil' own accord: but the Pope impo.r;es it as a dut.'l upon all. Luke saY.f;, that man:1 eamt, not all; but under the Papal lam thae is 110 auption. These l111mbltd themselves beJol"e ùu a..f;sc.mb{lJ of the faithful: but the Pope
 * tas iSSUffl (( tt"ryj different cowmanc/, viz. that by secret whisperings,

.

XX;J:Vl

Ute sl1Zna slLall Ul4ricularly reveal hi. Si'IS to ltis Pnc.sl. Set hOlt! tkxtcrOUS{lj Illl!) accommodate the scriptures to prove their Jallacit6. "Thus Calvin, But such light and puerile ca]umnies scarcely òeserve ff'futalÏon. For, although we read but once of the Eph sians having confessed, it does not however foIlO\, that they did Dot do it oftener: otherwise it might be concluded these same Ephesians, because we read no where of their having receh ed either ba p tism or the Eucharist, accol'diulJ' to Calvin's . 0 logic, had never re e;ved either baptism or the Eucharist. As to their having gone. of their own accord, to make their t':onfes ion, this ou ht not in the least to surprizc us, as well because tbere was no law at that time compellillg anyone to confcss within a given time, as because, e\ren in our dB}ïl, many go spontalleously to t':onfessioD, Dotonly at Easter, ,,-ben alone they are obligell by the ecde. siastical law to go, but also repeatedly through the year. Wherefore,

lthou b there had beeD. even at that time, a law compelling aU to con- fess yearly, the Ephesians could still have gone freeJr and spontaneous Jy to confession. But mall.?1 came to ((}1I fs6ÍOII, not all. \'fhat opposition has tbis to

hat law, which obli ps all to confess their sins. at least once a lear? Neither does this law absolutely incluùe RII. but thOie only, whose con- scif..'nces are defilcd bf I'!lortal sin; 110r òoes it eyen cblige thC5e at aU times, but only once a )'ear. Wherefore supposing this ecclesiastical law to be in force at the time of St. Paul, still borne of the Ephesians could ha\-e made their confession, when all did not make it. Finally, as to ,vhat regards their having humbled themselves iu the si!isemblr (.f the faithful I do not know whence Calvin has taken this, un.. less from his own brain; for St. Luke makes no mention of it: many says he, oj those tvho bdieved came cGlifes8ÏllJf and declaring tlltir "cells. But whether they carne before the assembly of the faithful. or in a Pl'ii vate manner, to St. Paul, or to anyone else, St. Luke does not sa)". IJesides, do nol Catholics even in our days humble themselves before the assembly of the faithiui, when in our confessionals l'allged in the

liddle of our templcs, the whole cO[1gregatiou looking on, they cast themselves at the feet of the Priest, and sccretJ)' make tbeir confession 1.0 him? See hoW ùc:xtnousJy Calvin accommodates his Antitheses to to weave in his calumnies. II. 'l'be second passage I haU adduce in confirmation of this truth, is t krn from the second epistle of St. Paul to the Corinthians, rnap. 5, which is xpressed in these Words: He hath given to us tile

"

.

I

f I

>.

,ii

uu,ì.Ïstryof rlconciliatiall.......and hath placed in liS the word 0/ Tee ." dlialioll. 1ft are therefore amhasssdQrs for Cln'isf, &c. Cah"in hi[ll self, acknowledges in tJle fourth book of hi:! lustit. c. 1. . 2:? that these words rcfer to the power of the ke}'s, and frankly couff'!=ses, that this power is to be eXf'rciscd. as well pu1J1icly, as privately, to- wards the faithful who ha\ e been bapti<::cd. Now certainly t1lOsC who are sent as amba<:s'\dol' , jn\"est d with a pO\,;cr to l'cconcik the eDemÎC: of a king, with the kin .Iihlself, C liJuot prol'cr!j discl13rgc their min- Î<;try", un1cs they know fl'OIll the gniltf, \\ hat thpy have dO!1c, what the nature of the offence is, \\ hich they have committed, ,,,bat satisfaction they are disposed to make, &c. &c. 'Vhcrdorc this minis. te1"Íal power necf'ssarily carries wiLh it, the power of hearing the causes of the guilty, and consequcnllf of Fxactju and receiving theh. confessions: nor is illawful fOl' the ministers to reconcile at plea 1U'e any, without hai"ing previousl}' heard them. III. The third p:lssa!?:e, is takc.! fl"Om the Epist. of St. .Tames dtap. 5. 'wherein St. J ame!), exhorts the faithful to confe c;; their sins. His words are these: Canfess!Jour sins one to another: which e'f{hortation manife"t1y shows cooff.ssion to ha\'e been already instituted, and that it was to be made not only to God, but also to man. And this agrees manifestly with the above \ ords, according to the explanation which the Fathers gi e them. For, a little above, the Apostle St. J ames, had admonisl1cd the sick to' tr. 19 in the priests oj the church, in order to pray ovtr them, OJ1DÏlltillg thtm with oil, and likewise added: that the efièct of that sacred unction and of the prayers would be, to' save the sick alul raise them 'lIP, aml if they should be in sins, to remit and deliver them from them. But in order that the reader might not conclude from these words, that those deadly or mortal siu, of which a person might be guilty, would be remitted by the sacred tinction, he subjoined: Confess, thtrtjort,YOJl.T sins, one to anothtr: for the sacred unction does not remit those mortal sins of which a man may have a kuowledge. since these are to be cleansed by the sacra. ment of Confession; but such 3S are vel.1h1.l, or even mortal, which we have no knmfledge of, and which arc commonly called the remoaots of SiD. But our adversades object, and p:u-ticnl a l'ly Melancthon in his apolo . confB:s. 3rt p confess. and satisfac. and Jobn Calvin lib. 3. IstÏlut coso 4 12, the \\ orels one to all(Jtha., for, say they, these words compel us to sa}', that St. James does not speak of sacramental COD. f(,8 ion, ,,.hic-h i made to thp Priest onlf. hat of the confession of RU

.xx viii

injury done to an oftèndcd brother, in or< er to be reco....ciled ,rtih him, and to obtain his pardon or, of thc confession of sins, wh:ch is made to a piou'! and holy man, in order that he, knowin our sl iritual infirmit,-, may instruct m, and offer up praJers to God for us. Thull l\IeJancthon :lI1d Cah:in. nut this o jection is easily removed. For Orige!l in his second homil. in Levit. St. ChrJsostom, book 3t1 de sacerdot. St. Au ustin homil. 12, ex lib. 50 horn. and St. Bernard ;n his book of meditations, ("hap. 0, all maintain that tbis place is simply to be understood of ('o tession ,,'hie.. is made to a pricst; md as venerable Eerie in his commentalJ! upon this passage, and Hugue de S. "Victor, book 2, on the sacraments, cOl'rectJ}' expound, these words one to allO- lher are to bc ta en, as the agreement of thc words of the scripture require; consequently cOl fèss your sins one to anothe,' implies the same, 3S, } on heiug men, confc8s to rncn; Joon 1r1l0 "tand ill need of absolu- tion, to those who havc thc power to ab:::olvc from thf'sC words: 'ívhose t:Ï1l8 you 8lwll finogivc t t!ley are forgivm them. As in the first cpist. of Pekr chap. 4, when tI,e .Apost'(' says: U .;ng hospitali 'lJ t01l"a7 o ds ('lle allother n.it1lmll murmuring, as fVCI"!) 'I1lrm hath receÙ!ct! graef, tniIlÙkì'Ìn/: lite samr one to anotbel", as good stcwards 0/ tlte 11lanifíJIrl grace oj God. If an,7j11lan speak, let him speak fl.') tlle 1vords f!f God .- if any fllan milli t{r, let it he as from tlte POWCT which God ltc/minis- l(TCtll t t therefore ha,-e beeu commanded by God himself, as weU becau:.e the origin of this prac- tice is no where found ill any council; as, because it is by no mean:; probable, the faithful would ha\-e consented to a precept so difficuJ anù repuguant to JJ,.1ture without reclaiming against it, especiall};, .if by confessirg to God alone, h}" a confession or made in general term, they could h,we obtained the remii'-sion of their sins. In the first place the practice of confession is proved from the couu- cil of Laodicea, held in tIle East as earlr as the year 3u-1. In the se- cond Canon we read tb(se words: To those who fallumla the guilt tf tli/J'{rfllt SillS, an.! wIto by prayer, co1if{s ioll, and penance shav It perfect conversÙm from their [vii n:a:,/s, a time if pawllce must be al- loltul according to the qualiWof tIte sin. In the Canous also of the sixth Synod, hdd by the Gl'I:eks about tbe Je:ll" 500; Wp read in the 1 02 1 Cauou, these worJs: It is propo- that those '1vko have received from God the p' lr 0/ loosing ant! hillll- ing, should consider the quality of the ill, and exut a becoming ::eal for the cOllVcrsÙm. of the sinnu, amI thus apply a proper rcma'!! t8 the disease. In the Latin church, in the 31st Canon of the third council of Carthage, \\ hi::::.1. \\ as he Id in the } ear 350, we fiud tbese word:a: TI,t time rf }JC1l9.1ICe llùlSI be c/[[ermimd, acco'fllillg to to the judgmo;l oj

1

the Bishop, agreeably to the clf!fcrcncc c!f the Stll . ...\.uc.Í \ C hnd tliC same Canon repeated in the \frican council, call. 10. There eel tainly can be no doubt, that aU sins must ùe l'evea1c(] in confession, if the time of penance, or the period during which the sinner is to do penance, is to be determined acconling to the differ('nce of tl)(' sins. \\ e read also in the 8th Canon of the first cQuncil of Ch310ns, heM in the year 05-1, thcse words: rVe judge it to be high(y 'llsiful that a penance, be 'imposed 6y the Priest on the penitent, 1âs confession havill ö bun made. ' Again in the 32d ('anon of the second council of Chalons held if' the year 850, \\'e read thus: rVe /wve remarked this also as 'requiring correction, namely, that lVhCll persons confess their sins to tlte Pâcsls, they do not fully develop tltem. Jrherrfore as man is formed oj two substances, vb. the sOlll amI tire botly, ami sometimes he SillS by all. act oj the 11dnd, and at other times by thf fraiÙ.lJ ojthe flesh, they must, b!J a strict enquiry examine into these sins, that a full and ntire cOllfes- sion 'may be made l!f both; vi::. that those sins ma.y be confessed n'/âch are committed by the bod!), and those also which are committed simply 11' thought. In the third council of Tours, which was held about the same time chap. 22. we read as folIo\\ s: BÙ,'llOþS amI Priests ought cautiously to consider, hOTl7 tlu!! determinc the timt of abstinence with respect to t1wse 'Who confess their sins to them. We find a similar testimony in the council of Rheims, equall}- as ancient as the abm-e, in can. ] 2. v. 5. and in the Pari iaDI chap. 32. aud .16. All these councils are of the Gallican church. If we examine the Church of German}', we shall fiud testimonies equally strong. FOl' in the council of .Mentz, bf'ld under the arch- bishop Rabanus, in chapter 26 it is thus decreed: Particular care must be taken by the Priests, that those sick 'who are ill danger of tlmlh, make a clear ami sincere c01ifes ioll; tlte quantity oj pCllltnCC mllst not hon'l,ver be imposed upon them. ce also chap. 27. In the council of W orms held ill the) ear 868, it b thus set down in the beginning of that council, chap. 25. Priests a'l'e to.regulate tile ftenance C?f tl!e penitent!;, accf1Tding to the difference of theÙ' sins. Each P1'Ïest, thef'ifore, i11 Ilrescribing tIle jlnzance, ouglte tQ consider the caU3e8 oj each singly, also the origÙL and circumstances of the si11s, and dilige'tZtly to examine the éisJlositioTl and refterz!ance of the delinqUe7lls, to }:WJ'l"J t.' (" , t!l07'CUg.Ny. as -::'t!l as to xamf'1.e ir.to t!le C}fl !;"
 * e"

,. t..

.

xli

'met, f1er,QIIS, jllact8 and age., in order th/lt he 8hÐuld not

in- tstlentive to what ;. laid down in tI,e .acred canonB re8jzecting the /1lau" age8, times, or qualjty of the crimes. and of the grief of each delinquent. From these testimonies it appears how differently the ancient churches of the East and West, thought and taught, concern- ing Confe8sion, from what the multitude of present 6cctaries and in- novators think and teach. To the e testimonies we may add the general Councils: the Coun- cil of Lateran, under Innocent III. chap. 21. that of Constance, 5ess. 8. of Florence in Instruct. Armenorum, the council of Trent, which I have inserted above at large, which, although rejected by our adversaries, by reason of their being of a more recent date than the others, are, however, rejected without reason. For tlleY tram mit to us a faith and doctrine perfectly conformable to aU the most ancient Councils, and contain the sentiments of the whole Catholic church, during the space of four hundred years, so that they cannot be said to be in error, without admitting, at the same time, that the whole church of Christ has erred with them, (which is impossible,) and Con- sequent1r, that the gates of hell have indeed prevailed ainst hrr, Ilotwithstanding the promises of Christ.

CHAP. IV.

t:OXFEE;qO PROVED FRO)I THE TEf;TDIO Y OF THE F A- THEnS WHO LIYED FRO)! THE YEAR 100 TO 200.

'ro the testimonies of the Councils, we may add the testimonies of the Fathers, as well Grf'Ck, as Latin, who flourished in cad. age of the church.

ST. IRE:NE"CS.

I shan cite in the first place, St. Ireneus, 'wbo lived in the first .agc, almost immediately after the Apostles, who was the disciple of St. Polrcarp, who had been himself, the discipie of St. Jobn the Evange- list. In his first book, chap. 9, he thus \frites of certain women, whom :Marcus the heretic, had seduced: These, says he, often COllvert- td to the chrlrch of God, coRjeseed, t1w.t having tluir hodies e:rternzÙza- fed as it ,pert, by him, and inflanztd by irist, they lIved him to exees.", F

x!ü

A..nd, speaking a little bc10w of an oth en' who ha(1 been seduced; 1YJ&en with grtal bhtmr the brethren had cOllvertct! her, pcnrtratcd 1Vilh grit. she spellt Jur whole time in confessing and bewailing her sins (ill ExoT1lo1ogcs;) and lamentmg the crime she h HI bten ic/l, h.'I/ this l'.fagiciall, to commit. And in the third book., chap. 4. Ccrrlon. Eays hf', after coming into the ellUl.ch. ami 1IIlkin.!{ Iti,\' confession. thus, spent his time, at one time privlltel!J tøaching, at another ma!ing his C'Drifessíon..

TERTULLIAN.

7h second testimony I shall adduce in favour of confrssion, is the hN1 towards the end of lhi" 8 me centu- ry, under the: reign ofSCVUU8, as he himself informs us ill h;s apolo y, .hap. 4. It is thus, he writes ia his bool.. on penance, (eel. Frobell) p. 48..: I!lresume, says he, tha' many cZvoid declaring tlleir sin,'l, or delay itfrom day to day. baausi? tlley llave more rcgardfor their hon- our, tban t!ley have for their ,alvation; t1,ey resm.DLe ilJ this res/tcc' tho8e 'Wllo havi.ng cont acted a úÙtease i1l tlte hidden Ilarts of lll r body, conceal it from the ey of tlleir Ilhysician, and lifTer th;'mse/TJ('s Illu8 Co bl' bereft of LiJè, through an unhaPþy shame. And a little after in a strain of irony: 0 th sirlgrliar advantage to be gÛned. by conc{:t1ling our Bin! Do we think, ellilt by covering it from tIJe eyes of men, it wiJl 6Scape the aU-seeing e}'e of God? Here then is a str1mg testimony in favour of Confession. from one who lived shortly aftf"r the Ap(lhtles. He speaks in the most explicit terms of the necessity of coufeE-sing even our mos' s{.cret sins, th3t it is not CDough to confess them to God. but we mu:-t a'so declare them to men; and h(' ("onsiders our very salvation, as dependiug upon the faithful discharge of this duty.
 * rcat Turtullian, who flouri

CHA P. v.

fE:,TIMONIES OF THE FATHERS WHO LIVED FROM THE YEAR OO TO soo.

ORIGEN.

ÛJUGEN, who Ii-verl at the b(' innin.e; of the second century, aftet the Apostles, under the reign of Alt:xandel' Afameas and immediat8'-

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JyaHer Tel'tuHian, compares the secret sins, which bunten the to1&' a;cicnce, to i(ljgcstcd m:-at, which overloads the stomach, and says, that we roU!3t bave rccour e to confes!3ion, in order to rid ourselves of our sins and be cured. His words are these: Dum accusat scme- "p 'Um & confltcttlT, simul el'omit & delictum, alque 0711nf1lt morbi digerit caustlm. Horn. 2. in Psalm 31. T. I. He adùs, mOl'cover, that we mw,t u"'e great discernment in the choice of our spiritual ph}"sician, to whom wc are to dihcover the diseases of our oul; that having made ('hoice of one, we mustobey him in an things; and ifhp houldjudge that we uught to declare anyone of our faults to the assembly of the faith- ful, we must submit to it. Here 'We see, that it W u, the practice of tht- faithful in those days, on some occas10ns, and when specially enjoin- ed by the Priests, to make a public confe sion of some of their faultls, that befol'e the)' made this public confession, they previously made a secret confession to the priest, and th3t they did not declare before the public, all the sins they had revealed in private. This testimony is no le!'s strong than the fOl'egoing. But Kemnitius, has taken it into his he d, to distinguish here. secret sins from public ones, and to pre- tend that the doctrine of Origen, is, that it is sufficient to cO!lfe6S the former to God alone. and that it is not necessary to reveal the other!! to the priest, e cept to k ow from him, which thóse are, which maybe de- clared in the assembly of the faithful, with fruit and edification, 'Without exposing them to the evil conscquences of slauder. He main- tains that this doctrine is contairied in the two homilies, upon the 37th Psalm, ob;;erving, that the fir t treats of sins of the first sort, and the rollowin of those of the second. But, I here challange anyone, who \fi1l take the trouble to rcad the above mentioned homilies, to point out to me, the if'ast found.ltion for any such distinction. It is aU mere assertion, and but a lame contrivance to weaken the force of the testimo- ny. Ori en gIves 8uffidently to understand in other passage!:, how much he is persuaded of the necessity of confessing his most secret sins, when for example, he says: that the on I} means of preHnting the accusation of the devil our enemy, is to accnse ourselves; that he who lias carried lIS to offend God, wilt not fail to accuse us of our most se- cret sins, even of those we have committ d in thought; hut by accus- íng ours h.cs, we shall avoid his malignity. "That stronger refutatioD ('ail there be to the imaginary distinction of Kemnitius? This re- former may equally rearl his condcmnation in these other words ofthf' f mc confess our SillS, 'lwt ollly to Got!, hullikm'ise i(llh(l\;r 11'/1(1 '7'(' the 111 In hm' Wflr' 11.(t'Jmtls, (1117' .'-ins 71,j'l hI'!tfaCtN!
 * -ame Father.

xli. h!J 1um lvho haJ said: 1 will blot out th.y iniquities as a cloud, and thJl sins as a mist. His wo!'ds are: " Si revelaveIimus peccata nost1"a Hon solum Dco, sed et eis qui possunt medf'ri vuloeribus llobtris, delcbuntur peccata nostra ab eo, qui ait: ecce deleo Ilt llubem iniquitates." Horn. 17. in Lucam. T. J. Ed. Froben. p. i2.

ST. CYPRIAN.

This great saint "'81 contemporary to Origen, and was crowned with m 1fty..dom in the year 258. In his 8ermon De lapsis, he em- ploys the "hole force of his eloquence, to induce the faithful to make an exact confession of their sins. Tbus he speaks: Let each one oj !jOfI, sa} she, cQ7IJesI his faul1s 1v1âlst he is yet in the 'World; whilst his corifession can be received; and n,Ttilst the satisfaction he roilll!ffer, will be rrrecable to God. Serm. de lapsis, Ed. {i'roben. p. %26. And l-cIaticg, in another place, the example of a girl "ho had been signally punished by almighty God for ha,-ing lJc leCled this important dut}., prior to her receiving communion: She had deceived mall, says he, but she could not escape tlte vengeance oj GOlf. And again, in another place; flow many do we /Jee, says he, Jaily jlO3sesðcd ðy imjlure sjlirit8, lJecaJl,e they do nol cONfes8 their secret ,În8. Serm. de lapshi. ed. Ri- ,alt. p 202; and en>r)' where reminds his flock of the all-seeing eye of God, \\ hich penetrates all things, and \\ hich suffers Dothing to -:scape.

t:HAl). \-1.

l'E::;TI:i\lO î..E:; OF IRE I:A THER'5 FRO:H THE YEAR SOli TO 400.

LACTA TIUS.

This great nHtU, wbose testimony I am DO" about. to cite, was so celt- bl'ated for his cloquf'nce and erudition, that he was styled the Chl"istiau Cicero. IIe flourished towards the end of the third, and the begin- ning of the fourth century. His virtue and merit rendered him so conspicuous, that Coustantine entrusted bim "ith the education of his sou Crispus. But this, far from elevating, only served to render him more mode!t. lIe livcd in poverty and ret 1 rcment, amidst the abuu-

xlv

Jance and noise of the cOUl't; and whatever presents the Emperù.r made him, he never failed to distribute them to the poor. Hc died ill the year 325. In the fourth book of his divine Institutions, chap. 17. be warns u not to keep our hearts envcllopcd and hid, that is to say, as he explains himself, not to conceal in the recesses of our conscience any hidden crime, undet' the veil of dissimulation. He then proceeds to sho,,', that lhe circumcision of the J ew, was the figure of confcssion, and that this was the circumcision of the heart, of which the prophets spoke. God, says he, n;ho by his infinite bounty has provided us with all the 'means necessary to salvation, has traced (Jut to us in the circumcisiol1, oj the Jksh. the true icl a of penance, in order that if we discover OW" hearts naked, thal is to say, if we confess Ollr sins, to please God, we may obtain of him tlte pardon, which Ite refuses those who obstinately ptrsist in their evil ways, anllwho conceal tlte ðins which thty have com- mittel/. Can there be any thing stronger, or more clear than this pas- sage, to impress upon us, the strict obligation we are under, to confess our most hidden sins? Tbe same Lactantius, in a 'work which he wrote against the Nova.. tians, lays down confession, as a mark of the true church: It is thus he writes. As tvery sect and denomination f!f heretics, says he, deem themselves Christians, and theirs to be tlte Catholic church, it is pro- per they should kno1V that that church is the true one, in which tltere i$ C01ifcssí01l 1 and penance, 1Vhich heals the sins and 'wounds to which the 1veakness oj Ollr flesh is subject. 'Vhat will those Protestants who condemn and prescribe confession, say after this?

ST. ATHANASIUS.

1/

This great Saint, was Bishop of Alexandria. His whole life \\ as one continual struggle againit the heretics of his days, and par- ticularlyagainst the bla!"phemous rrors of Arius; whose history is so well known. He had been banished four times from his sec, by the Roman Empel'ors, at the instance of the Arians; during which time he wrote many excellent works. He <1 of
 * \Iay, 373, after Imving been bishop 43 years.

In his sermon upon these words: Go into the village that is ova against YOll; anll immediately at your coming;n thither, yòu. shall IbId it colt tif(l, &c. Tn
 * url

thp ('nd of thp f'..mon he!"praks t]l1.tc:

xlyi

Ltl f/ eX4nJmC ourselvcs, lvlulllel' Ollr chams be loosed, that 11JC Illll!} proceed beller. If the!) be not loosed, deliver th.yselJ over to tILe lliscipl.f. of Jesus: For, thel'e are some presclllwho can loobe tltee, punuallt tfJ that pOlVer '1vhich tlulj have rccâvc I from the Sat,'iow'. Fur '1vhalsoever !Iou slutll bind, says hi, on earth. sh'lll be hound ill, heaven: and mlla!- soever!/ou slLallluos(, 011 earth, shall he loosed ill /travel'.- and n:hO F

Ùl,S!J0l1, shall fùrgive, the!J aJ'e forgiven tllan.

ST. BASIL, AND ST. GREGORY OF NYSSA.

St. B:lSil J ,rho dif'd id the )'f'ar, 3i3 sa} s in express terms: tlwi one n.llst npcessaril!J con..fc s his sill. to thos. who hallt rect'l'vcdfr011J God the tlispensa!ion W ItÎ8 'm.lJsteril"s. Regula 283. Tom. 2. ed. l}aris, p. í23. .Now, to whom has the dbpea:>ation of the mfsteric!" of God been entl"Ustcd, if not to the Priests? Call any thing be more formal, and more decilled\) opposite to \\ hat is gencraJly pretended by Protcstant:,,? Let them say aflC'r this: that it is gooci, it is profilabk to confe:'s the sins th:lt particularly burden the conscience, in order to a:.:k counsel of the Pdest or to receive his iD truct;olls; but it is not .what St. ßat.il requires: This Father ('xpressly says, that it is D{'ces- sa..) : tle&essari û'l est, "'<<'lJUtI"'. Let it not be said also, that he speaks here of co'.;t>s.jou In de in general tcnns only, whereby one ackuowled t:s himself gnU J. and a :,iuner; but St. B.l.sil exacts that the cOllfe sioll be made, in ordcr that the penance may be pro- portiont'rl acccor-lin to the qu.llity of thE' sin. .Now, bow is it pos- sible for the priest to proporti,m the (Jèn1.nCe without h:n-in an exact knowledge of the sin? He sa) s, moreover, that as Olle do s not sho1V the ir .firmilies l!.f his bo T!J to v('ry prrsoll illrliffrmt(1/, but eml!1 to those n'/w llIzderstand how to cure tlL 'In. so onr should not '11wke a confession of his sin.s, exc pt to those 'who are ablp to appl!J a rcm,.d!l to them. ibid. llut b it custom 'try for a ppr 0'1 to say in Aeneral term5 on)y, tkit he is sick ? D es h(' not take care to spedf) in the most p r. -Ìcular m:l'lUpr, a8 well :1S he is able, all h:s complaints, in ord('r that his pllJsicial1 may he ahle to apply the mo..t cO!1ven ent remedies? It mll t be therefore m:m:fe'it, hat thf' intentÌon of St. n il is, to exact a simÏlal' conduct from the penitent, towards the ph)'sici:m of hi3 sc\u);
 * md this is moreover preoi:;ely the a.h-ise, \\ hich St. Gre

oI'Y, tht brother of St. nl .il, gives to thc penlte;Jts. Boldly flislO1l,Dr, says he in bis 01 at. in mnlif'rem pcccatl'Ïcem. T. 2. to ljo .,. spiritual father all that you have most hlllden, put him in posses'Sion 1 cl:e)"!I thin/( thai

xlvii

p,lS.Srs UI tlt bottom of .your /teart, as YO'll wDulli S110111 ttl a phY5.icia!l J/(mr lâtlJen '1v(nmcls.

ST. Al\IßROSE.

St. Ambrose, in hi.. second book 00 pcmmce, chap. 3. T. 2. cd. novo Paris, p. 420. sa}'s: that th Lorti has ordamrd, that the reattst ,.,inllfrs slwuld be admitted to the participation of the hcavm/y giJls, provÙ/ed tM"lI do penrwce jor their SinS milk all their Ilelert, acl.'lowlttlg- illg tlll1n.,elt 1 ts g'llil lj, 6.'1 a sincere confession. Here we may rem.uk the co,ulition, which the tiaiul require:. a5 necf:'ssar) to be reinstatld, in tbe favour of God and articipatiou of hib hol) mJsterie.
 * the

in. Del' must declare hb sins, by an humble and sincere cOilfe:::sion. Ii it be (Jreteuded that he ::.peaks only of publ;c sirJs and a puulic cúnfes- sion, it is eaio;y to show, th It 51. Ambrose requites equaU}T, that the confes::;ion be made of the most secret sins; for he says in the 16th chap. of Ilis hdOk on pp.nance, that he who pertorms an exact penance for all his bios, òoes Dot on thi:. account receive the ddvantages of a reconciliation, but he must be rcil.lstated, through the mil,is ry of priests. But what need I recur to the \mrcls of the saint, when we have in his conduct the most complete and satisfactOl") proof of the point we main. tain? It is said in bis Jife, written by Paulillus,oue of hi deacons, aud consequently a contemporary author, that he shed m3ny tears whilst h arillg the confessions of the peaite'lts, and thereby obliged them to weep \\ ith him. This author ad,1s, moreover, that the saint observed a profound secresJ', in all that had been committed to him, and that he spoke of it, but to God alone, in order to implore his mer- cÏCF.

ST. PACIAN.

St. Pac ian, Bi hop of Barcelona, lived under the reign of V aIeng. He died in the Jear 390, under that of Theodosius, after having go- verned bis flock" ith a most eelif} ing holiness, and distinguished him- self as weU by bis exempJalT virtues, as by his superior talf'nts ami tloquence. In an exhortation to penance, made by this holy bh:hop, we have the stro'lgest e\'i(lerlce, that Dothng less was requ:re.1 of th penitent!; of the fOUl'th century, than is requirerl, in our days. He th l'ein con- .illres his flock. Þy him, to \fhom the most hidden things are known,

xlviii

not to conceal any thing, nor to disguise their n:ounJü/ consc;mccs. In Parenæsi. ad. Pæuit. niblioth. Pot. Tom. it. p. 3] 6. lie also complains of those who address themselves to ignorant and uninfol"m- aò priest, with a \Ti w to 8urprise them. He telh them, that there are some who confe s properly their iins, and explain them sufficicnt- I}", but who I'cfuse to 8ubmit to the painful exercises of penance. He compa.res them to those \\"ho calling in a physician, discover to him their wounds, but neglect to apply the remedy or observe the prc!'cription. ibitl.

ST. JEROl\I .

This great doctor was born about the year 340, and died on the 30th of September, 420, aged 80 year . In his admirable letter to Hclido. }'US, he \Hites thus: Far be it from me to say any thing disadvantage- ous of tllose, who being the successors of the Apostles, consecrate with their sacred mouth the body if Christ, by whom we aTe al.,'o Christians, and 1t'ho have the keys of the kingdom if heaven, and in some mamur jruJge before the last juJg711wt. Tile priests, continues he, have not on- ly pon'er to forgive SillS, n'hela they baptize, but even after. See the same, in his comment. upon the 10th chap. of Ecclesiastes; and upon the 26th chap. of St. l\latth w.

ST. AUGUSTIN.

I now come to St. Augustin, one of the brightest luminaries of the Christian church, who lived from the year 354 to 430, a period of 76 years. I 8hould never end, were I to undertake to cite aU the paEsagrs which are scattered through the voluminous works of this great man, in proof of confession. I shall therefore content myælf, with simply producing one or two, which set forth in the clearest and most une- quivocal terms, the whole doctrine for which we contend. In his 4mb Horn. T. 10. ed. Froben. p. 549. \\e read these words: Ld no olle say, (mark what follmf!;) I do penance privately with God, '1vho knows my. ills: For then in vain was it said, Whatever you shall bind on earth shall be bount! in heaven: Were then the 1æys given in vain to the church oj God.? JJ-e frustrate the gospel, '1ve frustrate the 'Words if f1lrist. And in his following I1ornil}' he adds: that 'lvhosocver is brlr- dcntd 1Vith 'mortal sins) and has ntlt reCOflrse to the keys if the church,

X1XIX

hOlesfor!uùvattOli in vain. Horn. 50. T. 10. p. 559. Now, it Ïie.aiy to perceive, that amongst the mortal sins, of which he makes the enlt- meration, there are many hidden, and 'Which never come before the public eye. He thereîore enjoins, that the sinner, as soon as he shall have formed the sincere resolution to amend his life, repair to the priests charged with the ministl)- of the keys, in order to expose to them, the state of his conscience, and to learn from them, what satiß tàction he is to male for his sins, exacting moreover from him, that if he has given any scandal, to be ready to repair it b a publi confes- sion, according to the advice of him to whom he S!, 11 have declared aU things. VC/âat ad Alltistites, per qllOS iUi clartt6 in fcde6it! mi1zi..... frrtnirlr, <<;cipline anrl consequmtly subject to change, and that the necessity of obtaining 'he absolution of a priest, after havin!! made a faithful confession of all 1110rtal sins. has al""ay bcea deemed invariaLl6: These are the word

Ii "f tillS great PoVe : I forbid, says he, the recitation in public of tit declaration which sinners shall have made of tllCÙ'faults i", detail, giving thtm in ,vriting, bccall."ìe it is Sl!tficicnt to discot'er to the priests 6y a prit'ate eonfcssioll, the sins if ,v1lich tluy may stand guilty, for illthough ,ve shoultl commrnrl the great faith cý' those, who Jem' not to cove}' themselves mith confusion before men, from a greed I fear oj God, nevertheless, as some desiring penance, may have COll1- milled sins 'IVhich thcy 71WY not wislt, slwuúl be made JJublic, I deem it propel' to abolisl tJUs practice, lest rnall!l should dcpáve themselves oj the remedies of penance, and withd-ralv t/trough a shame or few' 1vllicl they may have to discover to their memics, actions 'which deserve to 6e JlUllislud by the auth(ffit.11 of the laws: .r0)' the cOlifr'ssion 7vhich is made first to God, and aftc'nvw'ds (mark \feU) to a p}'iest, ought to su.fJice. Epist. 80. ad. Episcopos Campaniæ. Also in his gIst. Epistle to Theodorus, Bishop of Forojulius, he thus writes: The malz1fold mCTcy ofGocl has also {!!forded t1tis remed.y to the frailties of Ollr nature, tltallhc Iwpe of eternal/ifc 'I11,oy be gained not on1!l by b/lptism, but likelvise by the beflcji.t of penance, and thal those 'Jvho have violated the grace if tlurr baptisw, b!l condemnillg thcm"elves, marl obtain the t'rmission of their crimes, the divine bOllnty having so ordained it, that the indulgenc(J of God cannot be obtained without the supplications of the priests. For our Lord Jes'llS Christ, the mediator "'dlVc n God and man.!las imparted this power to the heads of his c1ttl'rch, to impose on those that confess, a competent penance, and admit the same after a wlwlrsome satisfaction, to the communion f!f the sacra- 'nents, through the door l!f reconciliation. St. Leo, in this passagf' most clearly shows confession to be necessary, by the divine ordinance; to bave been ordained by God, insomuch, that without the ministry of the Pliest, no l'econciliation can be obtained; and moreover adds, that the ministry of the priest, from the divine institution, consists in enjoining a penance upon those that confess, and in admittin the saml. through the dOO1' of reconciliation, to the communion of the sacra- ments. This testimony is at once so pointed. anrl so strong in every point, relating to confession as taught in tht" Catholic chUl'ch, th t none of the Reformers have ever ('ffel'erl to ;in' a oI"fÍoD.

Hi

CHAP. VIII.

'E.ðnl\IO.NmS OF OTHER FATHERS FROl\I THE YhAR 500 'Iv I THE YEAR 1215.

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C;T. GREGORY, THE GREAT.

1 SHALL begin with St. Gregory, surnamed the ?;reat, from the splen- dour of his a.ctiolls, as well a5 the lustre of his virtues, who was born about the year 540. It is to this great saint that England owes Ler conversion to Christianity, from the apostolic labours of AlIgur,tin, Prior of the mOllastery of St. Andrew, whom he h.\d expressly sent thither, for thaI purpose. In his 26th homily, explaining these words of the go pel, U7wse sins you shallforgive, t are forgiven them, he ''Hiles tbus: It mllst be seen. aY8 he, 1vhat the o.ffence i.r;. amI ,-,hat penance has succectll'tI th l!ffcnce, that Ùwsc 1Vhom the Almighty -â.sits 1vith the grace if' compunction, ma!l be absoh'ed .'I the sentmce of flu Priest. FM flu absolution of t subaltern jud,ge, (viz. the priest) is then trlle, w1wn the sentence l!f the sovereign jPulge follows.

ow, certainly the pl"åcst cannot know, \\ h ther the penitent \i ho de- sires to be absolved, has done penance ac('orrling to the magoiturle of bis offence, unless he openly confess his faull or rather all his faults: wILerefore the confession of all and every sin, IS absolutely ueccSi.ary. Again, in the same homily, th 8 holy porni.ff has traced out to us in the resurrection of Lazarus, 3n admirable figure of the conversion of a Fiuner, which fully discloses the sentiments and ideas of tile saint on the present subject. Every 5ÍlLlltr, says be, is buried in the deptlt. Dj tm tum/J, as long a.r; h "llaills his sins Ù. the secut recesses oj his cOllscimæ; hut the dead lßall iss les II'om the tomb, when the t,1llntr cOlifesses his iniquities, of his own accord; it is tkerf/ol"e, to aU who are ckad by Ûn, as well as to Lazarus, it is said: " comc forth," wIlY do you concetrl!lour sins in tlte hottom oj!lour conscience? cause them to cOlnefortlt h!l afailliful cOlifessio1i; let tlte dead issue from the re- gions oJ the tomb amI appear: that is to sap, let the sinner conftss his sins, b.1J exposing to vitro 1vhat he has concealed in the most hidden recesses of Ids conscience; lifter which, he may be loosed by the minist!!J t'!f the priests, ((s La=anls n'tls loosed "9 the lurnds of the disciples of

,

lii.í

lltt Saviour. IIOIlI.26. iu.Joan. T.1. Ed. Pari:;. p. I.bU. J'Ier ,-ïtig scarccJy necessary to remark, that St. Gregory, i!pcaks of all sinner:: \dlO arc guilty of mortal sins; }Jis words are: mll;s peccator, wiU- iJet rn{)rtuo in culpa; that he alludes pl1rticularl)' to those ,vhose sins are hidden, introrsu1n lalei, i1l, Sll;S, penctralibus oCCJlltatur; that he finally, considers confcssion a duty equally ilolcumbent upon all sinners,

ince it is on this condition only, they can be loosed by the priests.. tJenimtcm. vero fortis solvant discipuli.

ST. JO IL"'V CLIMA CDS.

IN the same age flourished St. John Climacus, surnamed the 6chu- lastic; in his book entitled CI;l1lllX, be thus speaks: But bifore aU things, ld llS confess Ollr sins to our tnligll1ened jU/ !5e ; and let us be prepar- tel, .<;hould ile cOllU1l:md liS, to confess to all. And a little beIO\" Ju says IDot'cover, that without coufessioD, which is made to man, uo re- mission can be obtained. I could produce a number of other not leis l'espectabIe witnesses of the faith and practice of the Catholic Church, respecting confessio", in this same age, but I fear to exhaust the patience of the reader who must be, I am satisfied. perfectly convinced by this time, that the Fa- thers are for us. I shall therefore content myself with the hro abo\'e .in this age, and with citing one Qr two, in each of the subsequent age5) èown to the year, 12] 5. After tile year t:iOO, we have the celebrated Cæsarius, bishop of Aries. In his 6th, 7th, 8th, 9th, and lOth, Horn. he reasons most ad- mirablyon penanre; in hi:; 7th, priocipally, be tells his flock that con- fession and penance, purify from sin; and in his lOth, discoursing more largely on the necessity of confession, he speaks thus: lVherifore I !lave f!ftcn admonislwd you, clearest hrethr n, and I do again and again admonish anti beseech you, as soon you percez've yoursdve. to he torn by the tempest of concupiscence from tlte shore of continence, tossed in the flccan of luxury, and to have sl!ffiretl tlte shipwreck of Charity, to has. ten to profit by confession, as by a planh from. the shalt red vessel ; tltal by it '!Iuu may escape tlte deep alJyss of luxur.y, and arrive at the lLaven of penance, 1vlu.re you maN in the more secure grmmcl of hope, let drop your anchor, and recover your lost $alvation. N o W, that Cre- sari us speaks of the confe sion of every sin accordiDg to its species, i; manife t from Iris f'venth homily, v.here he comparcs sin to a clis

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ea.e, confession to its medicine, and the priest, to the ph} siciau ; hOt is it sufficient, as I have more limn once said nbo\"c, for the curing vf ool'poral dkeases, for the patient to say to hiS physician, that he is sick or indisposed, but he must al:.o point out R..id indicatc dead}' to him, bis complaint or complaint.., if I)Crchance he shoulJ labour uudcr a complication of them. After the rear 700, appears Y cnerable Bede, 1\ hOIC memory is so respected b}" the church, that his hommt: arp publicly read in hcr of- fice. In bis comrncntar} upon the 5th cklþ. of the E j i t. of St. James explaining these wordi: C01ifcss your sins olle to another, he writes thus: In thi.Oj!i{1ltence. 63} s he, this discretion shoulll be llsed. VlZ. to confess ollr daF!J ant! light transgressiolls. one to another oj ollr lquals, and tnlsi that b.'IJ their praycrs, 1ve shall be saved; but to discover the foulness oj ow' more nauseous Lepro,';!} to the priest, auording to th law, tmd take special care to purif!I ourselves Qgræabl!} to his dccin'on, in 'he manner and according to the 'Jl.ca.rure of time he shall c01mnanrl. About the middle of the same century, Theotiorus Studitrø in the life of St. Plato, commends the said Pb.to, because from his youth he had been aCf"ustomed to confess to the pa8tor of his sou), not less frequentIl than diligentl}', aU his sins even to his most inmost thoughts. . Towards the close of this century, we find Theodolphus, who go.

erned the church of Orleans, and who by his rare merit acquire{1 thr highcst reputation ".ith Charlemagne. He made in the year 791 nm.. DY excellent regulations which al'e mcntioned in the 7th vol. of thf" round I of F. Labbeus. The 31st contains, that we must make a dear eonfession of all the sins we have committed, ,vbether by action or in thought, to a Priest; it moreover enjoins, that the coufessor iuterro- gate the penitent, in order to find Ol1t the manner and occasion of his I:tin.-Wby so much exactness in informing one'li self of the occasions and circumstanc s, if at that time tl'cf did not at all admit of the ob- ligation of confessing one's sins in detail to a priest? After the year 800, appears the learned Raban-maur, Archbishop of Mentz, aod one of the greatest ornaments of the church of Germa. ny. In bis sevcnth book on :Eccle!:'iastÏcus, cb p. 7. he thus speaks concerning the DPcessity of confession: He who trangresses in tlu tXJncllplscenCls of tlu fksh, all.d tdfentls ill any notable de!!ree. is nfce/)- Mri lJ bound to cast l!ff and purijy himself f!f his ordure, by a ckar COÞfc siOl I!f his sins, ami thll.S h!J fasting and hodily chaslúem&llls T(-

11"

iÙ.rn to his 'Ivonltcllufllllz. See the same, in his second book, de Insti fut. Clericorum, chap. 30. In the same "c/JturJ, we Lave also Jonas, Bishop of Orleani, amI one of the great" luminaries of the church of France. In his third book de IDstitut. Laicali, he expresses himself, on the obligation of COI\- fe sion in a manuel' equally clear and distinct. Should the sük, saY8 he, be guiily of any sins, th !J will be remitted thffn, providetllhey cn Jess t/rem to the priests of the (hurch, and take ðpecial care to renounce them and amcntl,for sins cannot be forgÌl.'en lvilhofit cOlifessioll ; whiclt corrlcls tlum. It would be eas}- to add to the authority of these great men, the authority of several council I shall however, only make mention of o! e, namely, that of Pavia, held in the year 850, and whose testimo- fiY is equally dedshe iu proving that they were not less convinced in those days, than we are at present, of the necessity of confessing in detail to!l priest. After baving laid doWù some regulations for the public penance of public sinners, the council goes on to declare: that all who have 6inned in Brcret, sllall C01if(S8 to those whom the Rishoft8 and Archbisho/uJ have a/l/loÏ11ted to be þhysicians ftrofier to heal secrtt '::Jofl1ld6. And if tI,e confr,<;BoTs hQ1!e any r/cJUbt ill the exerci8e if their mini8U"y, they mU!lt con8ult tllereujzon their Bis!Jo/;, <;L'ithout hCJ,;:.:ever naming tile fterlon 'who 6hall /JaT.'e confi:ssed. Council Tidnensc. caD. o. T. 8. Labb. p. (is. Aftel' the} car gOO, Reginon, the Abbot of the monastery? of Prum., in the Diocese of Trevcs, celebrated for his great exactness, in the hig.. tory he has left us in his Chronicles, and for his erudition in his two books, on Ecclesiastic.ll disciplinc, furuisl1es us with a bcautifi.tl testi- mOD)" in favonr of confession. It is thus he writes in the 286th chap. of his first book, p. 134, cd. Paris: rVh080e-uer, i8 guilty of having 8Z1.llied
 * he 8fwtle68 robe oj Jesus Christ, 'cvllich he had received at his halltis11l,

mutt repair to his flastor, and Ilumbly confess to him all tIle tmmKes8io718 and all the Bins by 'Which be remembe1'8, to hnve offended God, and ac- quit him8elf 0;:,';1" the r.icest e:r:actnc8ð ?f 'Z;,'l1ate1Jtr :;/lall hi! enjoined !lim. Also, in the same ccntur,-, RaduIphus Fla\.ja{:ensis, in JÛ 3d book on Le iticu, chap. i. writes thus: Ie is neceli8ary that th(J8 'idzo con- fr:S8 their sins, should declau all tllat O'CUr8 to t!zelr 1Tl mory, d 'V loftir!g !hCl1lðdves to the Lord, and (lo8 reveal onc thing. and cr'nceu! ariD/iter. A ftf'r the aI' 1000 flourish.en tht' gre1t Petp1' Jh j"", Ir:;q ml' -

hi trlOus by the nDbility of his birth and his high dignllý a canIioa'. than for his emincnt piety and profound leal11illg. This holy and learned divine has left us a sermon, ".herein he treatg')f the mlcs of a good confession, nDd of the obstacles that prevent the making it weU. Amoagst other thing:::, he there tells us, that nothing combats and sur- mounts the grace of God more effectually, than human feal'; that wben ,ve blush at confessing our sins, we are le!:s afraid of the judgments of God, than those of men: that reamn, in short, urges us to confess J and God \ ho sees all things obliges us to it. Serm. 53. 2d. of 51. Andrew. p. 13û. Ed. ParIs. Again, in another place of the same sermon: tire fourth degru, says he, is the confession if tile mouth: Ihi isfully to he m.lde; and not a Ilart only to he declared, and the other Ilarl witl l . hdd; or that light l,in8 are to he confc88ed. and the more grirooutJ cOllaaled J c. And a little farther down, speaking of the priest, the confessor: he must take 6ftecial care, says he, not to make any mention tif thost tiling,', he 11(18 reuived under the .eat if C(Jnfe88Íon. Bdore I proceed to the next century, I cannot forbear citin a sin- gular (' amíJ]e of the integrity of conf(' sion, as related by this samf' very grave and learned author, in his epistle to Desiderius, concern- ing the rnimcles of his time.- When Hugue, the Abbot of Clunium, salS he, conducted me to his monastery, a certaiu I"ged brother lay in the Infirmary, labouring under 8 very severe and painful distempel. As soon as he di coYered the Abbot to be present. :filled with joy, e began to implore the divine clemency. 0 Lord, I beseech thee, said he, to whom nothing is hidden. if there be any thing within me where- of I am guilty, and which I have not as }-et confessed, do thou, in tby mercy bring it to my mind, that I may clearly confess it to my Abbot whil:;t he is here present, and being judged by him, \\'110 above all others, has this power oyer me, I may be absolved. Havin said this, he immedbtely heard a voice which distinctly said to him : Yes, Je there is certainly something, ,,,hich you have not yet confessed. Whereupon, as he heard only the voice, but did not see \\ hence it came; cootilluiog his prayer, he thus p1"Oceeded: Express clearly to me, 0 Lord. what this is, that baving confessed, I may correct my fault. "-hen, the same voice immediately indicated to him what he had so fervently demanded to knoW', lfhich he immediately ackno1f'- Jerlg d to have committed; and then calling the Abbot to him, he confessed it: and a few da:rs after terminated his life by a most cdi... fying .leath.

lvii

\\ hether this fact t as related abo'Ç"c, be true or fah:e t matters ver} IiltIe; a.lthough tbere can be no just reason, com ideriog the histo1"Ïan tJlat relates it, to discædit it. It ì sufficient however, for me, that it pro\-e, as it most uuquestionably docs, that confcs5ioll was practised in those day , 3nd that it \\as then deemed, as esselltiaUJ necessary to salvation, as it is co.1 idered to be now. This age .also h"es us, St. Anselmw;, Archbishop of Canterbury, who was bOln in August, 1033. In his Horn. upon the ten lepers t he explains these words of Jesus Christ: " Go, show J-ourselves to the prksts," &c. ofthe obligation which is in cum bed up:Jn all sinnf'rs. to a\ldre s themsclveb to the priests of the church, in orfler to be pm'Hl- cd br coufc!'sion. U Go,!;how roursdveb to the priesls t that is to say, (ohs rves this holy dortor,) di cover faithfull:r to the priests by an hum- ble confession, aU the stains of }-our interior leprosy, in order that you ma}" be cleansed. As ther went, they were cleansed, because as soon 3S sinners :tbaudon their crimes, and conclcmu them, having the intention to confes:;, and a firm resolution to do penance for them, tJlf>Y are freed frolll them, in the qes of him who sees their illlerior....they must not\\ itb tdJl(1ing, after this, rcpair to the priests, and a5k absolu- tion of them." Arter the }-ear ] 100, we have the great St. Bernard, so celebrated bolh for the extraordinary sanctity of his life and the lustre of his n1Ïracles, anù the one of all the Fathers of the dmrch, for whom Lu- ther exprc5sed the greatest consideration. W ritillg on the seven de- grees of penance, he thU3 expresses himself: What does it a\ ail, to tell one part of your sins, and to suppre:õ!' the other? to purif}- your- selves by halves, and to leave the other half ullicd? Is no c\ er}- thillg open to the f'yes of God? ',"hat! willloU dare to conceal any thir:g from him, who holds the place of God, in so great a sacrament? Alld
 * ,peakiog of the Kni

hts Templars, he uses these words, of the book of Deuteronomy,. "the ""ord is very- nigh unto thee, in thr moutb

'and in thy heart," in order to gin them to understand. that it is not enough for the word to be in the ht:art t that it must liken ise be in the mouth: that being in the heart, it produces therein a salutary contri- tion, and being in the mouth, it remO\-es the evil shame th:!t prevents confession, confession, says the saint, which is ahsolulely necessary; e who feign
 * 1Dd a little after he e1(horts the priests, nat to absohc tho

· Deut. 30. 14. JI

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lepentance for their ins, uule s they confes them at the same time Ed. Mabillo:l T. ]. p. 1168. 8t Bernard dietl ill I] 53. In the same age flourished Hugues de St. Victor. so renown d for his eminent learning that he was styled a second St. Au:;tin. lIe asks how these words of the fifth chapter of St. James, arc to be under- stood, viz. "Confe s your sins oue to another, and pray for one <1no- "ther, that JOu may be saved:" and immediately ans\\crs, that cc these \fords mean that ,-Oll must confess not to God only, but aIm ., to man, who holds the place of God; confess one to another, that is ., to S3Y, the sheep to the shepherds, inferiOl's to superiors; the)" 'who " have sins, to those who have thp power to rf'mit tJu'm. But why ., confess? 'Vh}.! for wha.t reason? In order that yon may be sa- " ved; that is to say, }OU will not be sa' ed, unless YOli confe'ss." Lib. 2. de sacramentis fidei, Edit. .:Mogunt. p. 405. This author di- ed in ] ]39. In the same age, also, lived Y,.es of Chartres, who was reckoned the oracle of his time. In a sermon which he preached at the com menccment of Lent, he thus addresses his audience: ,. All, whatsoe- " vel' }"OU bave committed, "hethel' by the secret suggestion of the " devil, or the ad-rice of another, must be declared in confession in " such a manuer as to eradicate them from the heart, because aU sins 'c are washed away by such a confession." Serm. 13. in capite je- jun. apud Laurentium Cottereau, part 2, p. 291. 'Ve may add likewise Richard de Saint Victor, one of the greatest theolo ians of his age, who died in 1173. In a treatise on the pow er of biading and loosing, pa e 380, edit. Rothoma i apnd Joannem Bertelin chap. 5, he no less points out the necessity of confession in these \\ onls: True penance, sa} s he, is a detestation of sin, with a firm re uJntion to avoid anel conf('ss it, and to make sati faction for it; and arMs in the eighth chap. that if the penitent neglect to look for a pri(st to refeh-e his confession 3Dd absol\'c him, he will not escapf' everlastin puni hm('nt. Aftf'r the year 1200, we h!l\'e the ct'lebrated Council of Lateral' held under InnoCf'nt III. in the year 1215, and at 1\ hie>h both thf' Grl'ek and Latin Church assistcù. It consistcù of 412 bi hopsJ arnon

t whom wpre the Patriarchs of Con tantinople and Jerw;alem; the Le!!'ates of the Pahiarchs of .Antioch and Alexanttria; 71 Pri- mateF, Metropolitans, Abbots, and superiors of religious order , to the number of ahove ROO, and a v ..t nl1l1 t ber of delegates of Archbish-

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ops, Bishop , Abbots, Priors, and Canosical Chapters. There were likewise pre ent at it, the Ambassadors of the Roman Emperor; of the Emperor of Constantinople; of the King of France; t le King of .England; the King of Hungary; the King of Jerusalem, the King of Cyprus; the King of Ar on; besides a great number of envoys sent by other sovereigns, princes, cities, &c. &c. The 21st canon of this council (being the 4th general council of Lateran) enjoins "That all the faithful of both scxes shall confess cc their sins, at least once a }year, and fulfil to the utmost extent of " their abiJity the penance that shall be 8ppointed them, and shall " devoutly receive the sacrament of (he eucharist, at least at Easter: " unless the priest for a l'easonaLle cause shall deem it proper to U 'fithhold them from it for a time; uuder the penalty, should they " not comply, of exclusion, whilst living, from the pale of the church, " and of privation, when dead, of christian burial. \\Therefore it is " tl)(' wi h of the council, that this salutary canon be frequently pub- " lished iil the cIuLfches, that no one ma}" exempt himse}f, under the " preted of ignorance: but if any, for just reasons, should wish to " confess their sins to another priest, ther mllst fil'st 8!:.k and obtain " leave of their own pastor, as otherwise he ShiU not have pO\fer " either to loo..e or to bind him." " Every priest must, like skilful pllysiciaus, be \fise and discreet in " administerin oil and wine to tire wounds of the patient, diligently

, enqui1"Ï[Jg into the circumstallCftS as \fell of the sÎ:J as of the sinner, " by which he may prudently know how to ad\-ise him, and what re- " remedy to apply, making use of every e:\.periment to effect his cure. " But above all, he must take the utmost care not to betray the cc sinner either by wonl, by sign, or in any other way; but if, in any .. case, he stand in Deed of prudent counsel, he must ask it in such a "manner as not to give the slightest and most distant intimation of

, the person. And if anyone shall be so presumptive as tu .'eveal " what has been committed to him at the tribunal of penance, he shall " not only be deprived of his sacerdotal function, but shall also be " confined within the walls of a monastery, there to do penance aU the " days of his life." Thus the council.
 * Many of the reformers, anrl amongst others principally Kemnitius.

a disciple of Ielancthon, in his Exam. Concil. Trid. have pretended, that the doctrine of sacramental confession was unknown in the church prior to the above conncil {If Lateran. How far tMs assertion is cor

Ix

reet, the reader is enabled at OUt'e to judge flOm thc foregoing testimo- nies, 10 the uumbt'l" of not less than thirt}, and of thc IU05t It arued, l'espectable, and holy men in every age, from the apostles down to the year 1200. What mu>>t we thiuk aCrer thiJt, of the so much boastet.l of Tej ormation. when one of its a vo\\ ed and mOht promim nt doctrines, viz" .. that the fOlJfe bion of sins made to mcn, is not Hece sary to sal- " vation," rests upon the bare æ.sertion of a few individuals born in the sh::tee"lth centUlT, without the kast shadow of foundation, aud in direct contradiction to the faith of the whole christian world in every age! The Council, far from estahlishing the nccessity of Confc!>!>ion, 5Up.---05CS it alrel.dy established. It has done no more than regulatc and Appoint the time when each of the faithful i to compl}" with this duty. Thc oLlig-ation of conlc:,sion is as ancient as christianity itself, and 'W'as pcrfecIly known bl'Íorc the CtlulJcil, as the above testimonies suf- ficientf,r shcW"; but many luk:,\\ arm and indolcut c1u.i tians neg]pcling to acquit themselves ofit, the Church judged It proper to nrg-e them to it, by a saJutar}' law, which should awake their attention. . Thus they mir,:ht with the same propridJ haYc sai. that the Council of Lateral1 e tabli hed also the precept of communion, because it enjoined that all the fahhful should commullicate at Ea ter, as to say that this Coundl established thc. precept of confes ion. became it eommaucled that each of the faithful shout,l make his eoufes::;ion, at least once a year. Certainly, if the most distin i:,hed authors who wrote duri'lg the elt>ve ll.entu"ics prceedio the ('ouncil of Latera:], ha\ e llnallimou Jy admittf'd ;hc nece !;i y of co.1I s. ion, H the man!lcn..pecifietl; if at that ti ne the p "actiee of cO"lf(' !-ing "as I);} less ('s.:wl;shed in the armies and courts of pt nccs, than in cl 'Í: ter:; and monastc1Íes; if in aU cases where a person was in daugrr of Jl'ath, COiH;' sjon has been th!1ught neeCtsary to dkpose him to ai-P(31' before thc tribunal of üod; if lJe- forc approaching the hol)' table, the} alw } s made it all indispensable duty to pJ'f' elJt the,n tlves to a pfÏest in order to declare the sins thc} had commi"ted, lIJd reccÍve his absolutiou; if, in all ares. they bave con idcre,J tho!'c a hl retics who havc dared to combat the ncec sity of confes ion, it callilol be dcnierl that b.cmnitius and his associate re- formers have crred most egregious I)', in fiXÎDg the origin oftbc pre- Ctpt of confession, at the comm('nccmcnt of dlc tbirteeD!h centur}, and in ving Pope Innot'cnt III. as the m.lI' \\ ho cauff'd it to be reeeh-eel and adoptet\ tJ} the Coullcil of Lateran. .sow, nothing is more ea8}.

lJu

than to lurnish tile most satisfactory proofs of each ofthe above poinl \Yith regard to the first, viz.: that the most distinguished authors who wrote during the eleven centuries preceding the Council of Late- ran, "ave uuanimousl} admitted the necc:,sity of cODfei!'ioD, I believe no one will question, who ,fill take tlle trouble to read the five prEced- ing cbap el'S. I &hall therefore, attend solei}" to thc points that follow.

E!\IPERORS AND KINGS CONFESSED.

IN the first place, I will shew that emperors and kings had thcit cOllfessort'. as aU Catholic Princes ha\ e at this day; I shall content m., sf'1f "ith émply namin so;nc, and poiuting ou.t the authors, who iJiform tiS of it K og Thiery I. ,a) h .' in the ith centurr, for his co lfe.::;or St. Ausherg. Archbj..,hop of Roueu; St. V l"On Bi hop of Ru,'cmond. (6) was in the same century", the cOiife

ol' to Pepin, the father of Ch .rlps 'hrtd. St. Eiden, ßi hop of N ex ford in Ireland, heard l:le c,nfe .sion of Brandubh, king of that Island, after h:n-ing niscd him to liff, 3!; it is exprnsl} mentioned, (c) in his life. St. J.lar- ti,l, a mf\uk of CCJrbia, (ll) was the confessor of Charles .Martel, in the d hth cf'ntllr .. St. Corbi:lien BUIOP of Frisin:!ua, (c) heard the ('o!]fc,;; ion of Grjn,oald. duke of Hav:nia. Offa, a king in England, accOïdil1:! to the relation of a Protestant, (r) had for bis confessor a priest named Humbert. We fillet in the ninth century, that St. Aldric J3i h{)p of Mall, Was according to :\1r. Baluzc, (g) the confessor of Loui.;, the meek; that Donatus Scot, Bi:ihop of Peluze, was, accordin to L" ghcl, 11) the confessor of Lotbaire, the son and succcssor of Louis; in the tenth century, St. Udaldric, bishop of Augsburg,(i) "Was confes- sor to the emperor Otho. \Yílliam, Archbishop of .Mentz, (k) heard the .confe

ion of St. Matilda, wife of Henry surnamed the bird-catcher, in his last sickness. Didacus Fernandus, (l) wai confessor to Ordonnius II. kill of Spain. In the eleventh cCllfuryJ I shall cite only Queen

(a) 2. Srecuf. Bl.nedict. p" 1055. (6) Eol':.md. 7. M,.ii. T. 2. p. . 313. (c) Bol:.lOd. 31. Jan. T. 2. p. IllS. (II) 1. part. 3. Scecul. Ben':.:d. p. 462. (t) 1. part. 3. cecul. Bt1"'ed. p 511. (f) Spelman. T. 1. Cene. (g) l\lisceU. T. 3. p. 5. (h) ltalia. SaCf&ì. T. 3. p. 173. (i) Dietmar Ii\). 2. Citron. Auth. ß! unsw, p. 333. (k) BoJl:md. 14. 'Iartii. T.2. 309. (l) Yepez. in Chror.. Orc1. s. Bened, T. 4. p. 450.

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Coustantia, \\ife of the pious Robert, (a) ,rho }Iacl for her conf s- SOl' a p1"Ít':;t of the Diocess of Orleans, named Stephen; and in the twelfth. Henry I. king of England,."\, ho had for lib coufessor A thel- dulf, Prior of S1. Oswald, (b) and afterwards Bi hop of C3.-lisle, the king ha, in fouoded this new Bishoprick to gratify his confessor.

THE ARMIES HAD THEIR CONFESSORS.

IT mn!"t 1I0t be thought, that during the ages of "\\bich I have just spoken, the armies were without their confeßsors; these were supplied no Jess than the courts of princes. The rust Council of Germauy, crJebl'ated un.tel' the auspices of St. Boniface, h the year 7.12, in- forms us of this. It is there said in the secoud Canon, (c) that eacll Colonel shall be providf'd "ith a priest, who shall hpar the confes- sions of the soJdiers, and impose on them an appropriate prnance. Charlemagne made uead}" a simih:rre ulation, which may be found in the fourth Hlticle of his Ecclesiaí-tical <;ioni pecca'mum \'a': ntes. Lib. 3.de Gestis Anglorum Cap Is,

IxiÜ to Coccius, iuforms us, (a) thatthe Bishopswere atfirstthe onl}' per- sons \\ ho attended to the ministry of reconciliation, but not being ill su1lìcif'Dt number to hear (he multitude of penitf'nts, they were ob- liged to commit the care of them to those monks who joined to the priesthood an approved and exemplary virtue.

THE PRIESTS DURIXG MASS PRAYED FOR THOSE "THO CO:'iFESSED TO THEM.

THIS ,vas the constant practice of the Greek church; as to the Latin dmrch, it does not appear, that there e i::;ted -any distinctioll relativel} to this article) between secular and regular pliests, botl, having been imlifièrently employed in lu:aring confessions; it appears even, that all tllO e who were honoured with the priesthood, were at the same tLHe charged with the care of directing consciences, as ma} be seen from the Gallican Mass, ,,,bich llliricus bas presented to the public, and which on this account ought to be less suspected. It is a ancient at I ast as the eighth century. The priest there prays, in more than ten places, (b) for all those who were in the habit of confes- sing to him; whence it may be easily inferred, that ever) priest who ce- lebrated mass. was also ordinarily the confessor of many penitents. .But why should I recur to authodties to prove the generality of the practice of confessing, prior to the council of Lateran, iu ordel' to con. elude thaL there must have {'xi ted a law at th t time, obliging the faithful to confess their 8in , 1\-hen we have monuments of the tenth, and even of the eighth century, n herein the time of satisfJillg this law', i5 pm:itinly and expre::slr laid down.

A TIME EXPRESSLY APPOINTED FOR COXFESSION.

REGINON, whom I ha\e already cited, makes mention, at the begin- nin of hi.; second book on Ecclesiastical discipline, of a regulation of thf' Council of Rauen, touching the questions a bishop ought to put ilt

-..

(a) Negotii tredio frequf:lltilque multitudinis & tu\'ùulentia fatiga- ti id operæ ad :\lonachos transmi5êre. De potc:state ligandi et ab- solvendi. Bibl. Patrum, Edit. Colen. Tom. 12. p. 5-17. (h) Pro croni. bus quorum confessiones suscepí. Le Cointe ad annum 60. ]. T. 2. p. 4n9.p.406,p.bl.

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the visit of his diocess; and it is there saM, (a) that a bishop shoulcl not fail to inform himself of all those persons \\ ho :-hall have pas {'d, in his parish, a whole Je should claim the right to regard .what ii nlated even by the grave t and most creditaLle authors, as fahulous, yet the)' calJnot Lut a,I01it at least this fact, that there was a ge!leral pe 'Suasion at that time of the neccfsit}" of confes iolJ. This is Hlffi.

ìent at present for my purpose. But let us pmuuce other proof;; founded on tl1C grcat precautions that haH always bcen taken to pre- ,-ent the sick from dying without confession.

PREC.\UTIONS TAKEN TO PltEVENT TIIE SICK FRO I DYING 'VITHOUT CONFESSION.

TilE monks of Fulda presented a request ío Charlemagne, whereiu they besought him, to prevent their taking the ioJlirm and decrepid from the monasteries, and removing them to some of thEir clt peJldlDcicf, " lest they shoulrl die" ithout cO[jfessio'1." (a) The sÏ'\.lh council of Paris held in 82!), fúrbids bi:ot:iì. Christot'o Erl.veri ex O ic. Plant. lib. 3 Cap. ]2. Art. 5. Libelii supplicis p. 223. (b) Can. 20. T. 7. L.bh. p. ] 619. (c) Can. 26. fom. s. Labb. p. 4û. (d) Conci'- Calchute!lse T.G . LIiLb. p. 187.

Ix\> ii Fl'O:n these specimens the reader wiJI be able to judge hO\\' Car )Ü mnitius and his brethren ha,'e beCD justifiarJle in advancing, tha.t before the council of L.,ter.m, the obli at;on of confessing one's sins to a priest was not known, or rather, whether it be not a cOD('erted design in these gentlemen, to decry the practice of confession, by makiÐg it pass fo.' a no,-elty and at the same time the desire of acquiring the re- putation of learned and pcneh'atilJ men, by determining with nicety and prcci ion, the time and place of its origin, that carried them to ill- "ent this f:.ction.

-THE FAITHFUL CO FESSED THEIR SIXS BEFORE THEY APPROACHED THE HOLY TABLE.

BUT this will appeal' still clearer by the care which the Faithful a1ways took to purify their conscience, by confession, before theyap- proached the holy table. Can any thing be stronger on this subject, than the exhortations of a holf Reli ious of the sixth century? You would not dare, flays Anastasius of Sina, to touch the garments of a king with filthy hands, and how will you dare to receive the King of king , in a heart sullied by mortal sin P "Confess therefore four sins " to Jesus Christ through the ministry of the priests, (a) condemn lour "actions and be not ashamed to do it; for there is a shame which be- C( ets sin, and another which is coD\Terted into glory and procures the " favour of God." \\-"hat is left us on the S2me subject bJ St. Paulinús, Patriarch of Aquila, who lh-ed in the eighth century, is not less p.'ecise and en- f'rgetic. "Let evpry one prove himself," says this celebrated author with the A postle, (b) " before he }.eccives the body and blood c' of our Lord Jesus Christ. In order to prepare ourselves worthily " for it, let us Ilave reCOll1 e to confession anù penance; let us care-

(a) Confitere Christ3 per s3cerdotes peccata tm, condemna ac- tiones tua'>, &: ne trubescas, est enim confessio adùucens peccatum, & est confe!'.sio adducens gloriam & gt.. tjam. Horn. de synaxi in Auc- tuario Combcsis T. 1. p. 890. (b) Antea ad conftssionem &: pæni- ter.tiam recun'ere debemus, & omnes actus nostros curiosius discu- tere, & pcccata ohnoxia; si in nobis comperimus, dto fe5tinemu pet -::mfc<;sionem & vcram pænitentiam ubluere ne cum Juda prodi- "ore diabo1um intra nos cælantes p reamus.. T. 6. August. p. 199.

I viii c. fully examiue aU our actions, and if "e disco"..:!" in .,ùrselvca 8.ft) "grievous sins, let us hasten to obliterate them by confession and true c. repentance, lest keeping the de\.il, after the example of Judas hidden U within us, 'We also perish like Mm. ", After this, we need not be surprised to find in the formularies of confes- sion which the ancients haTe left us, and which difIhbut little from the cxamens found in the prayer-books now in use amongst us,we need not

, urprised J say, to see therein amongst thc more rievous sins which formêg. the subject of accusation, that of having approached hoi y fOID- munion " th a su!li rl o ci ce;- an""";ithoùt having taken the pre- caution to purify it by a good confession. T his is cxpre sly mention- ed in the formulary of S1. Fulgentius, (a) 'f110 died at the beginning of the sixth century, and in that of Egbert, Archbishop of York (b) who died in the eighth. Both express this sin in the same terms: " I accuse myself," say tbey, (c) "of having received the body and " blood of the Lord, knowing myself to be unworthy, and to be in the " state of sin; and without having prepared m,-self by a good confes- " sion, and a sincere repentance." \Yhence it may be easily seen, that all the faithful who were sensible of having their conscience stained with any grievous sin, considered it as an indispensable duty to con- fess before the} partook of the holy mysteries. It has even often bappeuctl, that God has made it appear, in a manner equally sensiblf" and miraculous, to those who had neglected to take this precaution. bow unworthy they 'fere to approach the holy table. Fortunatus, Bishop of P oitiel'S anò an author of the aixth centur.r. relates of St. Marcellus, Bishop of Paris, whose life he wrote, (and we find the same thing in the ancient Breviary of Paris,) (d) that a certain man, 'wishing to receive holy communion, found himself as it "ere invisibly bound, and remained immoveable, without power to ap- proach the altar, whilst tIle others passed in orrler to the holy table. St. Marcellus, surprised at so extraordinary an vellt, asked tbis man the reason of it, \\ ho frankly acknowledged to him his temerity in haviug presented himself, without having previously accused himself

--.....-_

(a) In sacran1t:nt. S. Gregor. p. 22û. (6) Apud l\lorin de Admin- istrat. pænit. in append ice p. 13. (c) Ego corpus & sanguinem Do- mini pollu o corpore sine confessione<< pænitentiâ indig-nus accepi. (d) The 3d of November in the Lessons of St. ,Marcellus apud Seb. Cramois)', an. 1650.

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in E:olllessioD of a certain grievous sin. But having repaired his fault by a good confession, he was permitted to communicate with the others. Peter the Venerable, relates an event vel'Y similar to this, of a young man, who having engaged in a criminal commerce, with a married woman, fcll dangerously sick; a priest was called in, sa}"s this autbor, (a) " according to the custom of the church," to hear his confession and to administer to him the holy Viatiøum; this young man, not only did not cOl1fes", his crime, but being even interrogated by the priest, 'went so far as to den} it. After which wishing to receive the sacred Host, he could not swallow it, altbough he was able to take every other thing; which having greatly terrified him, he entered into him- self and made R sincere confession of all his sins. The author wh. relates this fact, names the very persoDa who were present when it took place, and mentions, that he had it from their own mouth.

THOSE H \ VE AL'V A YS BEEN CONSIDERED HERE TICS WHO REFUSED TO ADMIT THE OBLIGA- TION OF CONFESSION.

Can one deiire more evident traces ofthe constant use of confessiol1, and of the invariable idea of the faithful, touching its necessity ? Yet. this is not all I have to say on this subject; I have still other witnesses to produce, and who say far more than nil I have yet cited; they in- form us, that those have alwa}"s been considered heretics, "ho bave dared to combat the necessity of confession. As early as the third century, we find the use of the key in absolv- ing a penitent after an humble Confession, regarded as a diitinctive mark of the true church. "You must know," (b) saJs Lactantius, the most eloquent man of his time, and who was still more recommendable for his zeal in defence of religion, "you must know that that is the trur- cc church in which there is confession and penance. Alcuin, the master of aU the men of letters who flourished in his time, and so consummate in every kind of literature, that he was

(a) Invitatus est ad cum more EccJ 5ia!:tico Presbyte.', ut ejUf conressionem susciperet. Lib. 1. miracl11. cap. 3.p. 22. Bibblioth. Pat. p. 1089. (b) Sciendum est illam esse veram t:cc1e5iam to qu'â ß.sl confessio & po:nitenti . T. 3. Rib. P..tt. p. 588.

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commonly styled the lll1ivel'saI man, and the secretary of tIlC fiue arts, informs us, that there arose in his time, that is to say; tord5 the end of the ei hth ('catur)", certain heretics wllo refused to confesc;. It \fas against them that he "rote his 7] st epistle, accoI'ding to the edi- tion of M, du Chenp; aud the 20th, according to that of Cani ius. He therein exhorts (a) the authors and followers of that ('rr01' to ,\ alk in the footsteps of the FathcI's, and not to intruduce new sects contrary to rcligion and the catholic faith. " neware," 53)"S he, " of the poi- "SO:IOUS If'a"en which has been late 1)' introduced; aud eat of the c-c; lVho1e!"om'e and pure bread of the tr.le faith, in sillccrit}' and truth." Geoffroy, abbot of Yeudome, "ho died in 1130, observing t!Jat a man nameJ .William, "ho had been his regeut, favoured a!'f'utiment prejudicial to the intet!ritl of confession, and that to surrort it, hp had str incd a pa sage of YencI'able Beclc, wrote a ",ery strong and pressing lettcr to him, to induce him to relinquish his eITor; amoi1gst other things hf' particularly obs rved to him, (b) that faitb cannot sub- sbt, nor be kept entire" ithout gi\"in to the words of Bede a verf different sense from that" hich he bad ginfl them (c): he concluded 1lis letter by a suri[J him, that the Ðbligation of confr.ssing all mortal sins, is most certain, and that Dothiug is more: constant than tbis precf'pt. Could Kl'mnitius and his rcforming brethren, be ignorant of all these testimonies, touching the use of confession prior to the Council of Lateran? It is impossible.

(a) Stquimini Testigh S8. Patrum, & nolite in Catholicæ fidei in re1igionem novas inducere sectas, C:1Vt:tt: vobis venenQsum erraticæ inventionis fermentum, sed in sinct::ritate & veritate mundisslmos s.t\cræ fidei coml:llite panes. Ep. 71. T. 2. p. 411. (b) lIos juxta fillem catholicam intdligere non possumus. Aliter (k lcrminanda est hta sententis-ut fidd nostræ integritas consel've- tur. T.21. Rb'. Pat. ed. Col. p. 55 (c) Cn turn est. nihil hoc certiuc;, omnia peccata vel crimina con fessionc: indigere & rrenitenl iâ. Ibiderr.

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PROOFS DnA \YN FROM TIlE PRACTICE OF THE GREEKS, I::'i FAVOUR OF CO FESSION.

W H.\ T rcnders them still more inexcusable is, that they could not be ignorant of the practice of the Greck "" schismatics, who confess even to this vcry day, in the same manner as ROffiJU Catholics do. This alone ought to ha ve fUfJlished them with a reflection perfectly natural

· The Creeks were perfectly united to, and in communion with the l\'loth l' Church until the year 864, when Photius, a wicked, am- bitiou" and iotrig uing m

n. intrudtd himself into the pa:riarchJI see of Conslantin ple, expelled Ignatius through the tàvour uf the c.:rnperor Mil-had, and cut himsdf off from her communion. Being aftenrarrls deposed and excommunica.ted by the ei.ghth eneral council held at Constantinople in 869, mos! of the Greek Bishops who had tãkt:n part with him returned to the Church, made theÎ1' submission, and the two churches were again unit d. Thil1gs con- tinued in this state until Michael Cerubrius, patriarch of Constan- tinople, thought proper in 1053, to renew the same fatal division which Photius 'hnd begun. After every effo:t was made by Pope Leo IX. to reclaim him anJ his rebelhou& adherents without effect, he was also form any condemned and excommunicated. The Greeks perse,"ered :n this schism until the Far 12i 4, when they were once more unittd in the 5ccond council of L ons, (fourteenth general) 8fter having abjured their schism, rectivtd the prof\:"ssion of faith of the Latin and Roman church, and (acknowledged the supremacy of the Holy See. Thi union h s t:d hut until the death of the then emper- or, when a new bre"ch was made by the disaffected Bishops, which lasted until the year 1439, at which time a new atlempt was made to effect a union ill the celt:ùrated council of Florence. At this council the emperor and the patriarch of Constantinople assisted in per on, with twenty archbishops of the East, and a vast number of other Greek ecelesiastics of distinKuishe.d me1Ít and cap1city. The l)atriarchs of Alexandria, Antioch, and Jcrus 'km, sent their depu- ties. After all the d;fficulties had been cleared up, the emperor, the pau iarch, and the C reek bishops, gave a profession of faith, r.onform- abk to th.,t of the Roman Catholic church, iu \'hich they acknow- ft:rlged in partiC'ular the procession of the Holy Ghost from the.

hxii

o\nd every way calculated to precaution them agaiust tile en'or intu which they bave given, and which tbfY have disseminated" ith so much assurance. For I would fain a k of these able chronologists 1fhethcr if was before or after the Council of Lateran, that the Greek

Father and the Son, the Pope to be the visible Head of the Univer- sal church. Th words of the Council are these: ,\ We ddine the " holy apo toIical see and the Roman pontiff to be investt:d with the cr supremacy in the whole world, and that the same Roman pontiff is " the successor of St. Peter, the prince of the apostles, and the vicar ., of Jesus Christ, and head of the whole church, and the father and .. teacher of an christians, and that full power is givtn to him by CC Jesus Christ our Lord, in St. Peter, to feed, guide, and govern the ec universal church." After thiS, a union was agreed upon by both .:hurches, &nd a decree drawn up containing all those points which the Greeks had before contested, which was signed by the Pope, by the patriarchs, and the other Greek prelates, exceptin Mark, bishop

f Ephesus, who constantly refused to subscribe it. Thus were the Greeks after so many unhappy relapses, for the last time united in oommunion with the :Mother Church, which union diffused an uni- 'Versal joy throughout the Catholic world. But this joy was of short Iluration. When the emperor and Greek prelates returned to Con- stantinople, they found the clergy and people or that schismatical city strangely prf:p06Sessed against the union. These abused In the most wAnton manner, 'hose who had signed it, and eulogised the bishop of Ephesus for having alone had the courage to r fuse his eonsent. Those who had a6sisted at the council of Florence, inti- midated by this tumult, renounced what tbey had done, and thus was the schism finally consummated. Some years after, Pope Nicholas V. a pontiff of distinguished piety, reflecting upon the many useless efforts which bad been made to effect the conver ion of the Greeks, wrote them a letter, in which, after having dwelt upon the prepara- tiomi which the Turks were making against them, he exhorted them to open at length thcir eyes upon their past obstinacy and to return. " It is now a considerable time," said he, " that the <':;reeks have " abused of the patience of God, by persevering in their schism.. (C God, according to the parable of the Gospel. waits to see whether (, th fig-tree, aft r so mu b care and cultivation, Wiii at last yield

JXXill

schism'\tics submitted to the practice of auricular confession? If the precept of confeêsion was acknowledgeJ aud practised among them before thc Cou.Jcil oiLatcran, that CouucH consequently could not be the author of it; and if it bc only since the CouncU, [hat the Greek 5chismatks confess, how came they to have so much complaisance 3S to imitate us in a new and troublesome practice, who, as every histo.. ry informs us, have always heen in the hahit of reproaching and ex- claiming against the Latins, for the most trifling changes, even in th i .l1gs of mere dbcipline? Can it be for a moment supposed, that they w'uld have chicaned so much about the ton:;ure and beard of our I nests, the fast of Saturrlay, and the chaut of the Alltluia, and when required to su ject their consciences to a nel and difficuillaw, when it Was proposed to CI'cet the necessity of cO:1fe l5ion into a lÍogma, they would not only remaiu ilcnt upon so cODsidC'rabJe a change in doctrine, but even act in conCf'rt wi:h the Latins, in tamely submitting to a yol e, gainst which t1-]e pride of man is uaturall}- so inclined to l'f'bel and reclaim? 'Vho will bc!ievc such paradoxes? It is a fact well knO\Hl that more tltan eight centurips It.we ela paratf'd from the catholic church; since then, '#I: auricular confession
 * cd since the Greek schismatics first se-

" fruit; but if, within the space of three years, which God of his in " rlul ent mercy still grants them, it yieldeth none, the tree shall be "cut.(]nwn to the very, root; anù the Greeks sl a1l be visited by those, m;ulstt..r;) of divine ju<;tice whom God shall st:nd to carry théAt sen- "twce into f:xecution which' he ha.s already pl'onouneed in heaven.''' For the tit ral ac(.ompli bment of this prediction, we refer our readers to eVl"ry eccJesidstical history.

-The Greeks a ree with Roman Catholics not only in the practice of auricut:;r confe sion, but aba in almost all those point'; in which our arlversat'its dis:.ent from U5; 3S th.-, fo1lowir,g tes'imonies, drawn soldy from prote!Stant writ rs. '!uffi(.ientlv prove. 1. " Wilh Romt'," says Sir Fdwin Sanrlys, "the Greek church concurs in the opinion of transub;)ta.ntiation, and enerally in the sac.rifice and whole boily of the mass." Relat. of Western Rdig. p. 233. See also D,'. Potter, in his a.nswer to Charity :Mistaken, p. 225'3;nd Bp. Forhes de Euch. L. 1. c. 3-. p. .112.

. "The sacrifice oflhe ass is used by the Greeks, for the C)nick ""

lxxi \

is as much iu use among them as it is among us, aud they al'e no Ie-.s fJ rsuaded than we are of the necessity of it, this practice aud the ge- neral persu ion of all christians touching the necessity of this prac-

and the dead,' sl1Ys Alex. Ross in hi View of the Religions of Eu- rope, p. <179. 3. "The Greeks of Venice and all other Greeks," says BishðP Forbes, Coos'd. Modest. de Sacr. Eu h. p. .122, "adore Christ in the euch...rist, and who dare either impeach 01' condemn all these christi anS of idolatry." .' 'V hen the sacramcont h carriLd through the temple," says Alexander Ross, p. <179, u th peop!e, by bowing themselves, arlore it, aud falling on their knees ki s the earth." 4. ., The Greeks reckon seven sacraments," SdYS the A las Geo- gl'<1phicus out of Sir Paul RICaU(, vol. 2, p. 172 I, " the same with the church of. H.nmt:.." 5. U They are 110!t:ss for church authorit.y and tradi tion than Ro- man C.1thohc.s arc," s;-\ys Alex nder Hoss, p. 479. 6. .' Tht:y agree (\\ ith Romf') in praling to saints; in auricular confession; in offering of s,lcrifke and prayer5 for the dead," 5,'YS Sir Edwin Sandys. '. They place muc.h of their devotion," says AJexan,:er Ro!>s. ., in the worship (he should!'ay veneratio I) of the blessed Vir in!\lary, and of painted, but not carved images; in the intt:rression, pray rs, help, and merits of the saints, whom they in- vocate in their temp les," p. 479. As for auricular confession, the Atlas Geographiclls also takes no- tice out of Sir Paul Rycaut, p. 1722. 1." That the Greek:; of note are obliged to confess four tim s a year; their c.Jergy once a month, and the labouring people once a year: the priests obIig-e them to co \fess every thing, solying, they cannot otherwise release them. " And as f)r prayers for the dead, " th('y bdieve," says Alex. Ross, p. 470, "that the souls of the de d are bett rcd b}" the prayers of the living. " 7. ,. They do not bold," says Alex. Ross, p. 479, "a purg-atory fire, (that is to say, they are not willing to acknowledge a fire in pur- gatorv; nor are Catholics obliged to hold there is) yet fhey bdieve," says he "a third plnce between thM of the blessed and the damned, where they remain who have deferred rt:pentance until the end of their life. But if this place be not purgatøry, I know not what it is,

or what tbt: souls do there."

..

Ixn

'ÐcC, must necessarily be anterior to the sepsration of the Greeks from us. Here is a reflection which even good sense ough. naturally to have suggested to Kemnilius and his reforming brethreIJ, and hich

2. Ie The Greeks place justification," søys the same aUthor, "not in faith alone, but in WOt ks." 9. " They celebrate their liturgy in the old Greek ton ue, which they scal'ce understand," says the same writer, p. 481, and :Mr. Breer- wood, in his Enquiries, chap. 2, p. 12, tells us "tbat tht' c1.fference is b come so great bdwt'en the present and the af1cient Gretk, that their liturgy yet read in the ancient Grerk tongue, is not understood,

r but little of it, by the ,'u)gar }>eop1e." 1 O. "Their l\lonks," sa} s Alex. Ro s, I' are all of St. B ,sil's or- del'; the patriarchs, metropoIítes and bishops, are of this order, and abstain from flesh. : but in Lent and other fasting times, they forbear also fish, milk, and eggs," p.481. 11. " The same author, p. 496, in remarking the rlifferences be- tween the Greeks and protestants, gives us to undt:rstand that" they permit not marriage to their priests after their on]ination." Thus far Protestant witnesses, respecting' the consent of the Gret"ks, with the church of Rome, in the greatest part of our mo- dern contMversies with Protestants. To whic.h Archbishop 'Vhit- gift, in his defence against Cartwright, Tract. 8. p. 473, adds the doctrines of free-will, merits, &c. And indeed so many other arti- cles might be added, that we may advance with truth, that setting aside the dispute about" the procession of the Holy Ghost," {which together with the ambition of Photius, gave the first origin of the schism} anrl the controversy, 3bout consecrating in unlea.vened bread, (from which l\tlichael Cerularius, took occa5ion to renew the breach) tht f.lith of both churches would to this day have bern the same. YOI' as to the article: of the Pope's supl'emacy, it ntither was any oc- casion of the breach at first, nor evt::r obstructed any of the ne otia. tions, that have so often since been made for the Ie-union of the churches,!3ince we do not find in histOl'y, that the schismatics, ever objected much to this, so that their disowning the Pope's supremacy, may be considel'erl, but as the natural consequence of their schism: Cor what rebel, whether in church or in state, would ever yet ac- kno,vledge that authority by which he was condemned. ",Vhat has been here said of the tenet'i of the Greeks, is to be eXA

Ixxvi

mc1eppndent1y of the knowlc,]ge of books and those aulhors who ha"t.. 'HiUe'} on confe::-siotl, hou'" have prevented them from taking a

round \\hich the,)' must have known to be untenable, and for which

tended also to the J\IeJchites in Syria, the Georgbn and aU those people that are of tht: Greek faith and communion II} A'iÌ.l; as also to tile Rus ian<;, or muscovites in EUI'ope, who are [ the S3me rt"li- ligion: for W 1 }làe Joetrine a'1d ceremanils, s e At: xmd 'r Ross. p. 48ô, -187, 488. in 5'101't to the A,'m,.nianoi, who are very mudl spread through Per ia, M <;C)p')tamid, both the Arrneni.in3. &:c. &r.. As a further cOI.firmation of the above, ) mL'f' not C\mit to s t down the anSWer of Jt:r.:m:as, Patriarch of Con..t 1nti"('p'e III 1574, to some Prott'stant D;vines of Wlttember , who h ,d prc!)ented Olffi the confession of Ausbourg, tr.mslated i,\to G"el.k. fur hi') "PP" ba'" tion. This conft.ssion wa accomp.mied with .\!eller" in wHich, 015 they knew that the Greeks higl\ly appt'o\ed of tl'e st"VLn fir:)t \:oun- cil " in order to fl.tu:r them, they had insl..rt(.d the toHowing dt:l::.. ptive clause: "We hope, (s .id tlLY) that althou h t.hert; may exist Le- tween us " difft:rer.ce in some ct:remonit:s, by redson of the dist' l1 lce of phces. you will nc:v rtheless pelceive that \Ye have mtrodured no j"nnov'ltion in the princip:ìl things neces ary to sjh'ation; aurl th.tt we t:mbrace and hold, as fnr as we are able to ut\dt'rs anò, the fa th which hils been taught us by the Apostles, Prr.phets, ::md holy Fa- taers inspired by the Holy Ghost, alld by the 5, yen councils estab- lished and found d on the holy S'l'iplUl'es." It was 'mpo.,>sil)le for th...se Wittembel' divines not tf} s e that these wods wriUt'n to Gret ks, would n. twrally ive them to understand and believe that the R formers did 3rtu:.lIy recei,'e the st:ven first councils; which, J10we\"er, tJu:y knf.W was not true. prjncip, lIy wIth regard to the se- venth council. It is therefore very visible tInt they would not be sorry to see thè Greeks It:d mto this mi..t.,ke to their ad""ntag-e, and esleem them more devoted and attach. d to the F.tther5 and councils, than thty were in reality, prO\idt'd this deceptioIJ, should render them mOl'e fa\Qurable to thdl' doctrine. But the Greeks were not to be so easily ensnared. Jeremias, the then Patriarch of Constanti.nople, saw through their design, and in Jli reply to the articles, expatiated at some length and with ,:,reat freedom upon the novelty of their opinions, and condemned all

In. \ ii

e reproach them with EO mueh justice. This is one of those igno- ranees that may be strled voluntary and affected, fo::.tcred and main- tained by pas::ion, the spirit of part}", a vicious obstinacy and a mali-

their errors. TI.is he did in thr'ee separate letters, which were aftel'- w.,rd.. pubiishtd with the whole cOlrespondenct.., in 1581, nd in which he, ,t the same time. pointed out the grf'at di! tgretment in thtir be!it.f. In his bst kttet' to them, he thus expres:irs himself, spt-aking of the sacn!ments. " Since rou acfmit, says he, some of them only, and even thec;e ., with errOI'5, and rt'jeet the other as mere tr..eli,ions which are not u only. not (ontained in the scrinture. but even are contrary to it, " h}' corrupting- the tf XfS ao;; well of the old a of the new test.1m nt, " in order to at.com:no(hte them to } our' own c;ense: inc:e vou pre- " ten. I that the divine John Chrysostom, who pproves of Chrism, U suffered himself to be carriell away by the torrt:nt; and t at by thus " rejectmg the Fathers. you 3rroR" lte to yourselves the title of Theo- " logidns: since }"OIJ bl"Jieve the invocation of saints to be a vain and "idle notion; you desph,e their images, their holy relics and the "honour \\ hï..:h is P jet them, in imlt'1tÏon of the Jew<;; sinct:: you " aboIi h the cor.fession of sins, which we make one to another, and " the mona!>tÏc life so mur-h resemblin that of Ange:s; we declare " to you, that the words oPthe srripture which contdÍn theo;;e truths, "ha\'e not been interpreted by such like Theologhns as yow, nor " was St. Chry-;ostom, nor any of those genuine Theol. gians ever " carried aw",y by the torrent. This s3tot, and those resembling H him, were men fnll of the Holy GhoStt. They han" wrought "miracles and \\onders, both during their life-time and after their " death; amI the..e are the men who have expLined the scripture to " us, and who having received th se traditions =1S being necessary ðnd " pious, have transmitted tht:m to us, as!t wt'rt::, from h-tnd to hand, " through an uninten'upted tradition: Ancient Rome observes and " embraces many of them. How, thtrefi)r, could you he 50 bold " as to believe that you have considered aU these things bl tter, than " both ancient and new Rome l AMd how ha.ve you dared to aban- " don the sentiments of those enuine Theologians, in order to pre- " fer yours to thdrs ?" And in order to rid himself entirely of all future importunitie!, he concludes his third answer, in the following

lxxviü

dons envy to }'cndel' tile most holy pr ctices 01 the tatho\íc l'chglOu eontemptiblc; an ignorance for which there is no excuse eithel' before God or before men.

manner: " We pray you to give us no farther trouble, and to write " to us no more, nor to send us auy more of rour writings UP(>n these " matters. You treat tbose great luminari of th church, those !' greJt ThfOlöghns too much as your equals. You pretend " to honour them with your lips, bllt you discard them in effest ; and " you "ish to destroy the t:flkacy of our arms, which are their rli- " vine discourses, by whi<.h we 3re able to combat your opinions. " Thus you will rid us of trouble. Go then your own way, and wI'itc ,; to us no more on the subject of dogmas) but, if you are willing, " only upon topics of mere civility and friendship." This was the hst letterofthe Patriarc.h Jeremias to the Protestants, who expt:cted, or rather hoped, to fiAd him a warm admirel' of the doctrines of the Reformation; and in order to succeed the better, had taken care to prepare the way, (after the example of!\felancthon, who had al- ready ent an insidious letter to Jmìeph, his immediate predecessor in the Patriarchate of Constantinople, to which he received no an- swer) towards conciliating his esteem, by dedaring that they reed,". ed and acknowledged the seven first general councils, which they knew to be irreconcileable with their principles, and wiÜch they had already more than once public.ly disclaimed and rejected. I regret that my limits will not permit me to insert the whole of this curirJus correspondence, which displays at once. in 'manner equally dear
 * 10.:1 authentic, the great di6agl'eement existing between the Greeks

and Protestants, in almost every point in which Protestants dissent from us, and at the same time how perfectly (tWo points alone, as mentioned above, excepted, and one of which proleitants hold as wen as we) they agree and h;lV always a reed with us: But I trc.st that wnat I have given of it, will suffire for my present purpos .

Ixxix.

CHAP. IX.

THE DIVI:r-,"""E IX TITUTIO OF COXFES IO:V PRO"ED BY OTHER ARG Ul\1E:STS.

HAVING given the authority of the scripture, tho tradition of the ('OllDCils. the testimonies of the Fathers, alld the practice of the churcb in e\ rry century and in every country, where the rf:'ligion of Jesus Christ has been known or established, I shall now proceed to oftcr in. proof of the divine institution of confession, several ar ments drawn from reason which will place thh; truth above all doubt, and beyond the possibility of contradiction. 1. I prove it, in the first place, from its antiquity. For, aU human institutions in the church are found to derive their origin eithf'f from some general council, or from the decrees of some Pope: but, that confession existed in the church before the decree of any councilor of anf Pope, may be seen from the testimonies cited above; since St. Ireueus, Tertlllian, St. Cyprian, and Origen, lived not only before the convocation of the first general coundl, namely the Nicene, hut bdore every other council, pro\'incial not excepted, anrl evcl)' Pope who has Ï5sued any Bull, touching sacramental confession, as has been suf- ficiently proved above bf the testimonies, both of the council and Fathers and their respective dates. . Again: That confcssion is of divine institutioD, I prove from this wen known axiom of. law, viz: III dubio, meliur est conditio possitkn- tis: that is to say: If a man has enjo}-eò thc quiet, and undisturbed possession of a certain property for a length of time, and it cannot be shewn, that he acquired or holds the same unjustly, the law ",ill al- ways support and maintain him in his possession, because it pre- sumes alwa)"s in favour of him who is in possession; and this very pos- session is considered by law :\ sufficient title: the justness of which decision, is fouudeJ upon this other maxim: Nano presumitur ma- IllS donce ro6ct" r ; i. c. no one is presumed guilty uotil he ùe proved. Now let this be applied to coufession. The C tholic church has been in possession of confession, these eighteen hundreò years: If not; let the contrary be pro,,"ed. Let it be shewn. st. Who the artful im-

O!;tor WH.5, that fir: t iotrmtf'd it into the Chri!'õtian world; 2dly in

l:x x

what cellturJ, or e of the church this innovation took place; 3ùly in what country it" as first inLr'Jduced; -llll1y \ h" ""err the chief abet- tors of this strange dogma; 311(1 5 ' ]J, ",-ho Wf're . he} that opp(J ed it. He nho denics the divine ini:ltltution of this acranlf'nt, mu t bl al,lc to poiI!t out ('arh of th'l!e five points: f01", it is a f.lct well J...!Jown to all who have 'he slbhtest kno\\ ledge iu cJmrch histol'J'. that at the mo::-t tl'iflin awl in..iglJificallt inllo\-a!ions or cha,) l's that h1.\ e taken place in the Christian world, e\-erf one of the ahove poiuts can al- ways be 3scert ined. Now as this is imposf':ble in regard to lonfes- sion; we mu;,t c0l1clu. 1 f' th3.t the author of confe:-sion, is our divine sa- viour Jesus Christ himself, according to the celebrated mle laid llO\\ II by St. Au .tin lih. -1. de Rapt. c, ß. "here he sap, (a) that when auy dortrin is found eljually rec{'ived in the chur<:h, in any ge what- soever, whereof th('re is no certain author, or beginuin to be fOlUld, then it is sure, that sach a doctrine comes down from Christ aud his apo tles. 2. I prove it, in th(' sccon1 place, fmm the clifficulty of establish- ing uch a law: for if there be any thing in the Catholic church, which may be consickred hard and d;fficult. it is most aEsuredl,," con- fcs<;.io:l. What is there. in effect, more h ksome and di6a reeable than for Rn eDl!>fror, a king, or persons of the hi heí't (iistinction, to be compelll'd to reveal to the pri('st, who are but sinful mm like them- selves. all their n.:o t hidden muJ shamf'fuJ bomina,jm:.sofwhateH'r na- ture or fpecies, or however painful the (1i rO\-ery may be to the feeJ- in s of the penitent, to 8ubmÎllo the ju.' ment of these same priests, anll to Ú:lder!!O tlle pf'nalty enjolned bJ them? So 2;reat i the diffi- culty atte ,diu!r such a matll'r, that it may be sati'ly pl"O!loullced incre- dible. that æ } prd"te" ouId ('ver clare to make, or iiltroduce such a Jaw; or that he wouM C\-el' be able to pf'rsna of coufe 8ion botb to church and state. is no less apparent: for many e\1i1s which Can neyer be remedied by public courts of jUi>tice, are without difficulty corrected by the tribunal of venance. Witness the number of resti- tutioDS daily marle, wh 7 ch would never be made without it :-Witness the many families divide.1 by mùl'tal t\Îssentions, from time immemo- rial, that are reconciled anrl m et together a aill in the kiss of peace and friendship:- Witness the many bane Cui effccts of Iander and de- traction, which are al're tfd and destroyed hJ the retraction:! and re- parations of penitents, who are oblige(1 to d sch:nge this dutl at the risk of their "ery characters, under the penaltJ (in case of refm,al) of being c1eprh'ed of abo;olution, and conscquelJtlJ of the benefit of the _ sacrament:-Witness the many un:ust conti'acts that are dissolved by it, the many thousands of vices and dh:onlers most injuriouE, to the community, which are eradicated, anrl which the civil authority would in vain attempt to supprl'ss.-Witness. in shert, the ßlall}" dan- gerous conspiracies, and other foul compacts, "hi(h have beeu from time to time, and are still detected and eluded by the confessor's wise and prudent counsel to the penitent, and caution to the state.-Lastly, the principal utility that accrues from confession, is received by those who rljQ('ha e a they ought, Ù1is duty with integrity and fidelity. <' ,..

.

lxsx ii

1.'01', to say 1J0tbiug of the inestimable bcnefil 01 ha\ iug thdl' sins re- mitted them, and of being reinstated into fa\OlU' with God, \\hich Je- sus Clubt has solemnly promiseò, :\1at. 18. ] 8. aud Jolm 20. 22, 3, they will receh e also man}' other advantages; such as a pl'cseT)t com- fort and ease of conscience, a remed} agaiust future sins, directions and pn'scliptions from the rninhter of God, for cn1'Ìng thc 81)irilual ma- latHe" of the soul, &c. 2dly, that by this hort pa
 * >in; confusion, "hicb

wiU last but a moment, they will escape the dreadful shame of having theirsins written on their foreheads at the last dar, to their eternal confusion, lvlrm. the 101'11, according to the apostle St. Paul, I Cor. 4. nill hring to lighlthe hidd n tllings (If darkncss, and will male manifest the counsels oj the llcarls. These and many other ad- 'Vantages, of which frequent mention is made in the "\\orks of the holy fathers, are obtained b) every sincere penitent upon making a faithful and exact confession of his sins. 4. The fourth and last argument, I shall offcr in favour nf t'he di- vine institution of confessioIl,isdrawn from the infalihilil}" of the dnllch, which has rcpeatedly and solemnly declared this truth in her general councils, and emphatically taught the same in c\"el'Y agc. This dc- claration alone of the Catholic church, the oldest amI only church that bas descended in a rlirect line from the Apostles down to us, and which St. Paul styles tile pillar and ground of the truth, ought indeed to suffice to resolve every difficulty on this subject, and banish for ever all doubt. But as our ad\-ersaries, for reasons best known to them- 5eh-es, arc not \\'illiug to concede this pri\"ile c to the church, of never e';.'rÌpg in matters of faith, I shall proceed to establÌ! h it, by such al',!;ull1cnts, H8 I trust, wi1lleavc ne doubt upon an}" unprejudiced mind. This truth, in fact, is the more important, a it not only ofièrs an in- ,'incible argument in fa\"ouf of confession, but puts an end at once to every dispute on matters of religion.

TIlE CHURCH CANNOT EHR 1:Y IA1'TERS OF FAITH.

IN order that the question may be fairl} stated, aud leavt:' no room for equivocation, I first ùefine and understand the word, ('lmrc1l, to be that society of faithful, foun his church: it will be immediately seen, that to attach any other idea to the church of which Jesus Christ speaks, is to sport with the scripture, and to abandon one's.self without reserve to the most abstU'd and ridiculous imaginations. Let the reader then e--ramine thp promise which was made in the 16th chap. of St. Matt. v. 18. where it is said: Tholl art Peter; (a) tl1ul upon this rock (6) I will build my church; and the gales of hell "

-"--

(a) Thou art Peter, ö'c. As St. Peter, by divine Revelation, here made a solemn profession of his faith of the di\'inity of Christ; so, in recompense ofthis faith and prof ssionJ OUl' Lord here declares to him the dignity to which he is pleased to raise him, viz. T .a he, to whom he had already gi\'en the n.1me of Peter, signifying a rock, St. John 1. 42. should be a rock indeed, of invincible strength, for the support of the building of the chm'ch; in which building he sbou1d be, next to Christthimself, the chief foundation stO:1<<:, in quali- ty of chief Pastor, ruler, ;md govel'nor; and should have accordingly, aU fullness of ecclesiastical power, signified by the keys of the king- dom of heaven. ( b) lJjlOn tllia 'rock, ö'c. The words of C} rist 10 Peter, spoken in the vulgar language of the Jews, which our Lord made use of, were the same ,,<3 if he had said in English, "Thou art a rock, and

· Ïxxxh-
(41) shaU fiol prttail agaiNst d. Let hun oÌJi rve aiso, that imme.: diately after the e \fords, our divine Sa, iour adds, addressing himself to Peter, v. ] 9. Ami I 1vill give 10 thee the kegs nJ the killgdom of heaven: alld IvhaJ.soever thou shalt bind upO'" earth, it shall be boull,d also in heaven: a1Uln:halsocvcr thou shalt loose "POll, earth, it shall be loo:Jed also m heuvw: Can au} thiug be more plaiu? CaR \\ ords be clearer ? Is there not here a church pointed out, in \\' hich there are bo111 paston and sheep, iu which they ab..'Oh-e and iu which the)' co;.](leml1, in which they hind obstinate siuners, aDd iu which they loose such as arc contrite, and consequently, in which the minÏ3terial functi'o!) is visibl)" exercised? BlJ,t was the ,isible exercise of the miilistrJ to be confined to the time of St. Peter? Was it not to extend to future 3:!,CS, alJrl to be comiuUt'd by the successors of this apostle P )1 is then m:mifest that he had here B visible and a successively con- tinued sodeL}" in \ iew, and that it is to such a church he has promised, tllat " the gates of heU shall never pre,-ail again t it." Let u a ai.1 examine thi other promise of the Saviour in the 28th chap. of Sf. .M ILt. v. 20. Btlwlt/, I am with YUll all days, even to tlte tJ01l.\1Immalion of the TVorld, aod let it be ob elTed, that these words "'ere not addressed to the apo:;tles uutil after they had received the

" upon this rock I will build my church." So that by the plain COurSl' of the words, Peter i3 here d clared to be the rock, upon Wh:1 h the ('hurch Wiii to be huilt; Christ himself bt:ing both the pri'll ip I foundation and founder of the same. 'Vhere a 1 50 nOk, that Christ, by building his house, that is, his c.hU! ch, upon a rock, has thereby securl d it against all storms and floods, like the wise builder, Malt. 7. 2,1. 25. (a) " Th gat 1J of h ll,n c. That is the powers of dal'kness, and wh .leVU satan can do, t:ither by himsell or his agents. For as ti'e rhurch is h re likened to (\ house or fortress, built on a rock; 50 Ihe d\'erst p(,weIS Llrt.' liken d to a contrary house or forlres8,the g.,tes of which, I. e. the whole strength, and all the l.fforts it can make, wi'l nevu be a',It", to pl'cvall over' the city Of church of Christ. By this pro 'mi!'8 we are fully a surer1, that neither Idola:ry, heresy, nor auy p>->f"'liciru5 error whatsoever, shall at any time pr vail over the church of Chnst.

Ixnv

Grðer to go an to rreach throughout t1le whole ulih, aod to baptize all nations. Go!je, tllerejore, saÌll our divine Saviour to them, amI ttach all nations; baþtizilli! thtm i,l the nam.e of tlu Father, and oj the Son, ami of the Holy Gho:,t ;.....a1l(/. behold. I am nitJ" you all days, evm to the cons1I111mation 0/ the 1VO)'ltl. Is oot this the same ai if he had said: Go and preach, I hRU be with }'OU when you preach. Go and baptize, I shall be with yoU" hen p1U baptize. \Yho is tlu-re that does not see 1t're a church vh,ible both in the preaching of the

ospel, and in the administration of the sacraments? A church which is to extend herself throughout the whole eal'th, since she is charged 1fith teaching and baptizing- all naÛons? And ,\ hen our Lord adds, all (lays, who is there that does not see, that the promise is not con- fined solely to the apostles, "ho were to die as aU other men, but like- Wise extended to their successors, "hose succession W3S to l:üt to the end of the world, and "horn Jesus Christ solemnly pron1Ïs(s never to abandon. "-hat can be stron f'r than the" ords of St. Paul, to confirm the idea which every Catholic forms of the church, in combining her pf'r- pptuity with her visibiJit).? Does 110t tlJi apcstle stJ]e btr in the 3d chap. of his 1st epist. to Timoth,- v. 15) the pillar and grotltul of llu: truth.2 But of what church does he speak in tbib place? Is it of a society of persons ap"rt, unknown to one another, united by no other tie than that of an interior faith of which theJ give no exterior pro\)f? Does he not speak of the house of God perfectly disposed in all its parts? . Of a visible sodetJ, go\.cl'Ded b} bi hops aud priests, whose most minute duties he has taken care to mark out? And does not the same apostle assure us in the 4th chap. of his epistle to the Ephesians v. 1]. that there \\ ill ahr3}'s be pastors and ttachers fOT the perfætion of the saints, for the n'ork of the ministry, unto tht edificatIon oj th bO{ 1J of Christ: (namel}" his church) till ne all 'mitt in the ullity if faith alld oj the knowledge of the Son of God, which wiII be manifest-

d to us in a1\ the splendor of his glory on the day of his second coming. Let but:) moment's reflection be indulged upon those many passagu. of holy "rit where mention is made of tlIp duratioll of the church, and it "ill be every where seen that this duratiou is alwa) s linked to a !!tate of visibility, as if the Hol r Ghost had taken the precaution to 'ba.ffle aU chicane, and eve1'Y artifice whicb a mind averse to a state of dependance, might be inc1ined to nse as a pretext to shake off thf' Toke of authority.

1xx..1(vi

If, notwithstanding all that I have said, the reader should h:we still fiomc p.cpo session ll'ft tor this visiona.'y phantom of an invisibJe .. hurch, so ardi.tll)' dt., ised to elude the promh.es of J ebUS Chri<;t, I would f.,in ask. him how 'Wc shuuld manage in these cloudy days of an eclipsed church, to satbfy thl' pr('C('pt of Jesus Christ, who di. reds us, .MLttl. x\.iii. 17, to repair to the chmd. with our complaint, to hear ht. r hcutencc, md peacrably to submit to hr.' dec1biolls: I would a:,k, him,..to ",hom ought the idoIater, Jf'WS, and Mahometans, 10 aJdress tllt ms h-c5, ill order to embrace a pure and orthodox faith, and to enter into the tmr nay of sah ation : I \\ould ask him who has rli pe!] ed thpse prh"iJf'gf'd souls composing the said invisible church, \\ ith openly rrofessing their faith, not" ithstandiug the express com- mand which the Saviour of thc world has ghcn to all christians, ,faU. x. 32, to confess him before men, if they did not wish to be dis. o\\ned by his hC3\'cnly father, and tlH: declaration of the apo!.Ue, coucJu>d -in terms no lcf's formal, Rom. x. 10, that it is absolutely ne- f'es ary to confess the fitith 1l.'illl the 'mOlllh, to be sa\.cd. I should be glatl to kuo\f also, whether these intrrim' faithful, exempt from the common contagion, have commuaicated in the u!'e of holy thlngs with the crowd under the domiuion of error and idolatry: if thcJ have, 110\\ comes it that tJu.y havp not rendered thcm:-rlves guilty of the 5ame prcvarication? And if thPl ha\-e avoided participating in the mystf'ries of the profane fl,nù stl'a} ill nwltitude, how i<; it that they h:n C lIot been relll 1'ked? and ho\\ happens it, that no historian has c\ er rec.on\ed it! I would also request him to inform me, of what use Ol' of ldlat benefit hen in repressi the heresies which ha"f'e 3riscn in tJ:tc church since the birth of chdsti:mi- ty, if the rromises of Jc::;us Chri:.t ha,.e not heen made to a visiLle church. Behold then the deci ions of all thf' general couucils suhject ht OHCf' to a rc\ isiop., 5 flowin!!; fro:n a tribunal which has nothing in it to rendn' ns secure or cOLlùdent. Behold all the heretics of past a

8, sue:!! as Arians, hcèdû 1Ïails, N estori:m:" Eutichb.ns, PelHgi- ailS, &c. sgaiu let loo e upon the world, a witle door i3 opcned to them, Ihey havc but to thmst themselves into a:. invisil,lc church, which they can" ith all ca"e amI propriety form, to ht'ltcl' themseln's from the anathemas of the church vi:iiblr assembled in her councils. It (,,3.l1not bC' dClli( d t.hat tI.es and such like questions arc not a little cmban:-l;,:;i(j . alld tkit it would be vain to attempt givin them a !'atisfactul"Y ans" ('1'; it c,unot either Le deaied, that of aU the protes.

ìx x, ii

tant writers, none ]lave ver expbined them clvf-8 more rationall) on the present matter, than the celebrated 1c1ancthol1, author of th,' Au:;bourg Confession, and who next to Luthrr was the mo:;t actÏ\-e in bringing about the pretended Tf'formation. Herl' are his own words, which will be found in the prf::fac(' to his worls.'" "\Yc mu t llcrC8- " ariJ}" admit," ays he, " a visible church; for it is eYide t1y of her "that thf' Son of God spcaks whcn he says, tell tllf church: and St. " Paul when be says: t/tal 1lJC are ma./e a 5pcclacle 10 the llJOrU, amI cc to allgels, ami to men. But 11m\" a spectacle," he demands, " if it

'be imperceptible? " hat will hI' the effect of these inc('n " speeches which deny the cxistence of any vÏ:;iblc churc11? Is it " not sufficientI}' apparent, that they go to destroy at oncf' the testi- "moDY of all antiquity, to aunul rvery dl chiou the church bas ever " made, and to intl"Oduce the most liccntiüus of aU anarchies?" Thu.:
 * dcratc
 * Melanctbou.

I cannot believe, after such solid rf'3S0nS, that any doubt will re- main upon the mind of any unpreju,\iceíl rea(l r, respecti.ng the truth of the first proposilion "hich I ha\-e advanced abm"e: I shaH there- fore proceed to the second. SECOND PROPOSITION. T say that this visible churcll, and which is so easily known by the continuity of the faithful, the succession of her pastors, and the cxterior function Q of the sacred mini5try, has not ceaferl sinc her first establishment to be Ùle tru.e church of J fSU Christ., and that shc will DeVer cease to be that truf' church to the end of time. This pIopoE-ition \rill be seeD, at first sight, to be but a n - tural c-ou"equence of the preceding one; for if it be to the churcb such as I have represented ber, that JedlS CIi.ist bas madc his pr,,- mises, it will doubtless be this same church which will have experien- ced and which wiJI always experience the effects of these promi es, 'lOll cOllsequently whcn "We meet wilh persoDs who are so bold as to msert that the f,ith began to be alieæd in the fourth century, tha

· Nec sse est fateri esse visibilem r cclesiam, de qua fiJius De; inqu:t, die Ecclesiæ, & de qua Paulus ai!, sumus spectaculum to:i munrto, An ell5 & hominibus. Quab spectaculum est quod non cernitur? Quò spectat autcm hæc port ntosa o!'atio quæ negat ec.s visibUem ullam Eccltsiam ? delct enim omnia testimo:1i \ antinuit.- tis, abo1et judicia. & fadt ar.archiam infinitam.

lxxx,' iii
enol' bas neen always cncreasing, and that for upwards of a thousat;.d } car.: before th(' reformation unòertaken by Luther, the church ov- crnrd by bi hops, instead of remaining the faithful spouse of Je"us Christ, had become a miserable prostitute, what can we think of those who discourse in this manner, but that an excess of inconceivable pre- judice has 80 bewildered their minds as to deprive thf'm of the good sensc and reason which they should natural1y have to reflect, that by their fine ystem of religion they make of Jesus Christ a fahe prophet, and worse than this, an impostor as unfaithful in fulfiUing his promiSð as he ,,-as lavish in making them. Is it not somewhat surprisin that persons who are fOf ever boasting nf their care anti attention in arlh ring closely to the text of the scrip- tore, aud who make of this prf'tenòed attention the fundament. I ma - im of their reformation, \\ hen the qupstion relates to the article of the church, which h. the most importa'lt of all othf'rs; of that Hrticle whicb the apo tl('s have thought proper to pla(.e in their crt:ed immcdiatf'ly after what is necessary to be believed of the three divine persons, ia it not, r say, somewhat surprising t!tat these very men will then hold a language directly contradictory to that of the scripture? JesUi Chl'ist says that the gates of lielt shall not Pl'evail against his church, and the}- dare to say that errr,r ha3 prevailed against her; J el'us Christ promises to be with the successive boòy of pastor , all òa}s, ('\"eo t. tile cO!lf-ummation of the world, and thf' " due to say that J ('sus Christ has abaïrloned tbis body of pastols during m'\!1)' ag"s; Je us Christ eomnnnds us, htt. "\--iii. 17, to hpar lhc ChUffh, unòer the pe.lalt} of being re arc\ed as heathens and publkans, and this without fixing any bounds to the 5ubmi:"sion he exacts from us to her, and th('y pre- tend dut there ma}' be cases in which not only one may òispense ,,'ith receiving the decisions of the church, but wherein he is even ob\iged to combat them. St. Paul styles the church the pillflr an grozmd of the truth; and these make her a fef'ble ozier benòÏ1l under the weigbt of error; the same apost1e declares to us that there will always be true pru:tors and true òoctors, it be'n absohl ely necclsal'Y for the support and preservation of the church; and they pretend that fo!" a very considerable time there were only false pastor:;, false doc- tors, who merited rather the title of seducers and teacber:; of f'llsebood. Is not this a good set-out to dispose us to credit them on their won). when the}" assure ll:S with so much confidt:ncc that in what rf'spfds belief) their first carc: or rather their ouly object, is to follow the let-

lxxxl
tel' of the sacl'ed text, ,\ hich they bold up as the only and invariable rule of tbeir faith? "'Tho is there that does not remark here the most palpable contradictions, and uill not deem that cause at least suspicious, which is thus defended P THIRD PROPOSITION. I now pass to the third proposition, find say that the church, of which I continue to speal ahmJ8 in the same sense, and under the same idea, which I at first traced of her, bas not at any time and never will be able to teach errors contrar} to faith. The proof I shall give is plain and explicit. It is this. If the churcll should at any time teach errors contrary to faith, she would cease fmm tba.i instant to be the true church; for nothing can be ima ined more incompatible with, or more proper to deprive her of thi, her quality of the true church of J e us Chr-Ï5t, th:m errors cO[Jtr ry to faith. Now it has been demoG<;tratively pronrl that the visiLle dlUrch spread over the whole worM, discoverable by the continuity of the faithful, the succession of pastors cannot cOüformably to the promi5es of Jesus Christ, \\ hich have been made to her. ever cease to be the true church, therefore, we mm-t cooclude at the same lime, that this church, taken alwa} s in the same sense, c:mnot leach errors contrary to faith.' Here js a very short and a VCl"y simple reasoning, hut which terminates at once all controvnsies 011 matters of reli"ioll; and until it be answered (which will never be clout: "ith au)' I:)uccess) "e have a l"ight always to refusp, if WP. p1pase, to pntp.r upon the discussion of any particular article. It is a su!'e ground. Tile authorit} of the church, 6upported by the promises of J e!"Us Christ, is a firm rampart against every attack that can be made upon us. The church of Christ, canuot err in matters of faith, therefore, all her decisious are true, all hel" doctl"ine tlJe true faith of Christ. Therefore the confes ion of sins, taught by the same church, to have been instituted by Christ and to be nece sary to salvation, was indeed instituted by Christ and is indeed necess3ry to salvation. I In vain will it be I,retended, by 'tay of palliation, and in order to reconcile the pdnciples of the reformation, with the above stron texts of scripture, in f3\7our or the church's infallibility, that the churcb of Christ was neVel" uttedy destroyed, but only in a state of decay; that faith was not entirely e tinct, but only obscure<1; that the twths of the gospel were altered, but not annihilated; aU this fine modifi- cation will not save the promises of Christ, nor justify those, ,vho by pretending to rec::pcct them. onl} give them a more vital stab. To

I

xc

shew at OAce the absurdity of it, I wilI only ObSfr\ c tbat: Either the church, has taught errors, or she has not; either the errors which she has taught were prejudicial to salvation, or they were not; if the church has not taught errors prejudicial t... sah'ation, it was wrong to separate from her, for a separatioD f.-om the church, could not in its ori n and cannot in its continuance be but unjust, unwarrantable, cri- minal and d:tmnable; if the church has ever taught enors prcjuùiciaJ to salvation, she is then completely overturned and destroyed: fOl' what is it that an effect hel' destruction, if it be not errors prejudicial to salvation? Or to e1Cpress the same in other terms which will more clearly elucidate this thought, if the church has never tau ht errors prejudicial to salvation, how and in what sense can she be sty- led tht pilllJr and ground cif the lnilk ? Of what avail bas the ever present assistance of Jesus Christ been to her? 'Vho will ever be able after this to reconcile to his mind the idea of a chUl'ch built upon a rock. and having nothing to fear from the united efforts of the powe of hell, if it be true to sa}", th It tht' wild imaginations of a feW' head strong wen, have suffi ed to triumph over her 11

CHAP X.

PROTESTAXTs IX FAVOUR OF COXFESSIOX.

LET us now heal' our adversal'ies thcmseh'cs, on tbis important subject. And to bf-'gin \\ ith the chief of the Reformers: Luther in tbe seyenth tome of his works ill his e aßlple, ,,"bether the Pope has pO\fer to command coufes:iiol1; thus "rites: "I look upon private " confe!:lsion, aJs be, to be a very precious and salutary thing. 0 " how mUth ought all Christians to rejoice that it exists, and to thank " God that he has permitted and given it to us. Two reasons, continues " he, ought powerfully to e cite us to confess willingl}" and cheerful- "Iy. The first is, the holy Cross, that is, the shame anù confusion " for a person to accuse himself of his own accord, before other men, " and to be tried by them. 0 if we but kne\f what pain, thiø voluntary 'I confusion prevents, and how propitious it renders God, when a mall " thus humbles and annihilates himself, we "ould dig up confession " from the ver}" earth. No fastiDg, no prayers, no indulgence, no " suffering, Can contribute so much as this ",'oluntary shame to render

xci

"a man humble, thRt is to!lay, susceptible of gnce. And would "to God, it were a custom to confess publicly before the whole \\ Ðrld, "our secret liius. as St. Austin did. 0 God! how soon ßhould we " become men rich in grace! Am\ why are we so much ashamed ht-fore " one man, ,,'hen we shall have to endure m much on om rleath-bed; "which is not far distant, Lefore God, all his au els, and the devils, " which 'fill o infinitely harrler with us; aU which we may now " easil}' prevent, by this momentary shame before one man. Bps des, "I do not know, whether a person can have a true and livel}" faith " who is Dot willing to suffer so much, and to take up so small a piece " of the cross. The second reason which ought to incite us to make "a voluntary confession, is the precious and nohle promÌie of God, " ::Matt. 1 B.-" And 'lvhatsoevt't" thou shalt loose upon fal"th, it shall be loosed also in heavm; and John 20. 23. 'Whose sins you shall forgivt, they are forgifJfII tlletn.- Thus Luther. Ag3in, in his iccoud tome, rol. 8.4. edit Lat. Wittemherg, 15.16, }le sa}.s: " There is no doubt but that the confes::.ioD of sins ili Deces- "sary aud commanded by God. But private confession which is " even necessary. I would Dot that it were not; na}" I rejoice that it " is ill the church of Christ, because it is. the oDI}' remedy to an afilict- " ed conscience." Again, in his book against the Anabaptists, and alibi, be declares, spe king of the church of Rome, that "she is the true church, the " pillar and ground oC truth, and the most holy place. In this church " God miraculousl) conserVes baptism, vocation and ordination of Pas- " tors, the image of the crucifix, tlu remission of sins, and ahsolutioø " i12 confession," &c. And a ain,_u 'Ve confess that under the Pa. U pacy are many good Christian thingE=, :rea, aU that is good in Chris- M tianity, and that we had it from thence: For we acknowlerlge that "uDder the Papacy, is the true scripture, true baptism, the true sa- " nament of the altar, true kf1JS for the forgiveness of .MS, true office "of preachiog, true catechism, as the Lord's prayer, the ten corn- u mandments, and the articles of the faitb I liay. moreover, that un- u der the Papacy is true Christiaf1it)", even the very kernal of CbrÌl. " tianity." In the Au!\burg confession or apology, art. 11. 12. 22. Apo1. de pællit. p. 167, 200, 201, it is e pre!-sly laid down. that "Absolution "oug11t to be retained in confession; that to reject it, is an error ef
 * , now in use, plea:;es me in every regard, and is not only useful. but

xcii

n the Novatians, and a condemned error; that this absolution is " a true sacrament and prperlJr 80 called; that the pow r of the keys " remits sins, not 0111y in the sight of the church, but also in the si!!ht " of God." Anrl in Luther's little catechism, \\ hich 1S unanimously re- ceived throughout the \\ hole party, we fi.ld these wortls: "In the " sight of God we must hold oUl"selves guBty of our biddeu sins: but " with rC.!Spect to the minister, we must couless those only, which are -, kilo" u to us, and \Thich we fcel within our hearts." And the bøtter to discover tht: Lutherans conformity with us, in the administration of this sacrament, the reader need only refer to tIle absolution, whh:h, as the same Luther iu the same place sets jt down, the confessor gives the penitent, after confe:.5sion, in these tel'ms: "Do} 011 not lIelieve ,. tha.t my for v('ness i:ò that of God?" "Yes," ans"\\ers the penitent. (C And I," replies the confcs!.'or, "by the orders of our Lord Jesus ". Chi ist, for i'Ç'e you ,"onr in5, in the name of the Father and of the " SOD, and of the Ibly Ghost." Do Protest3.nts k.now their own doc- trine, and that of the Father and Patdarch of their reformation, wheu they im 7 eigh so loudly against us for believing in the utility and ne- cessityof confcssion. aud \\ hen tllcy charge it with being a licentious practice? If they do not hold "ith the belief am} practice now, it certainly is not because their founder did not strenuously rccommend it. The chllrch of En hnd also, is 80 well convinced of the divine in- stitution of confession, that she enjoins a!'pecial cha.rge to be' ivcn to thÐ3C of her communion, to confeEs thcir sins UPO[] two occasiolls. The one, when about to receive comnmoion they shall find their conscience charged with allY t;r;cvous Sill, which we call mortal; the other when tlu'}- arc sick. It is thus, the minister addresses them in the conclu- sion of his cÃhortatÌn h('fore communion, a5 laid down in the book of common pra}"cr, (latest còition printf:d in England)..........." And " because it is I'cquis1te,. that no man should come to the holy commu- "nion, but trith a fnB tru t in God's mercy, aud "ith a quiet con- ,t science; therefore if there be any of )'OU, who by this means caDnot . "quiet his 0\\ n conscience herrin, hut requi.'elh further comfort or " counsel; let him come to me, or to some other discreet and learned .& minister of GOll'S 'Word, and open lâs griif; that by the ministry of .. God's holy word. he may rCl"eÌ\ e the benefit of absolution, togethel' " u ith gho!,;tlf cOlm el anrl auvÍcp, to the quieting of his cOT] c!ençe) " and avoidiD of :111 snnple anel doubtlulnft: ."

xciil

WitIl rc

u'rl to t1tC econrl orcasion, ,,"en'in the church of EnglaJl(\ enjoius a special cOllfes ion to be made to thf> minister; \\ e fiud it ex- pressly noted iu the same book, in the order for the visitation of the

ick. It is thU!i we there read: "Uf>fP shall the sick per on be moved " to make a special cl)fc sion of his ios, if he feel his consci.cllce " troubled \\ Hh any wei ht} matter. Aftf>r \\ hich confession. the priest " fhall absolve him, (if he humbly and heartily desire it) after tbis " sort: OUI" Lord Je us Chl'i t who hath left power to his church, to " absolv{' all siUl1el.S who tm1y repent, and believe in him, of his great c' mercy. forgive thee thine OirPllCt'S: And by bis authority committed " to me, I absolve thee from all thy si:Js, in the name of the Father, " and of the Son, aDd of the Holy Ghost. Ameu." The reader will perh"ps be a littip surpri::{'d to hear, that this is the identical form of ab:olntion userl in th(' C tholic church. But it will not he improper here, to take nQtÏc f', that the book of common Pr'\ er, putlishFd by and \\ ith the aprr'1hation of the hishops, ckr y anft laity of the Pro:;festant Epi.copal chm'rh, in the U oited St!\te', of America in com en!i[), an-I which has been ,2"encraUy aòopt- ell by s'1id churrh. since the fir t dar of Octobpr, in the year of our LOf 1 ;90, rloes not con t 3in in tile exhortation "'cfore communion, as taken down aliove, the ,fords, tlu: benefit 0/ absolution, nOlO in the Of- dpf for thp yis t3tion of the f'lrk. allY part of the above freamb]p and formula of ab::>oluti0f-1, wh;ch bave been entirely expunge(L "\Yhat reason coulll h:1ve induced the bhbops. clergy, &c. of the United gtatf's, to make the above extr30l'(1in:lry alteration and omission, ,,'hethe l ' it was their disbelief in the effiracy of the Abmlu1ion of the minister, "hich howen'l", was tbou,ght and believed during the lon in- terval between the days of Erlward the sixth, "hen the liturgy \ras fir4 comptlt'd to the epoch of the American Revolution, to be a real benefit. and FO ::Teat a belllfit, that it was considered some could not quilt their conscimce without it, as may be ef'n in the warnin , for the cde';ration for the commu"Jion, and E-t:n m!1fe dearly inculcated in hp order for the vi itation of the sick, in the En li8h book of com- mnn Pfap'r, or whether they -deemed the ab')vp to be incompatible ".ith the constitution, anc1 laws of our con:,.titution and that blessfrl liber 1J whcren'itTl Christ. as tllf',- sa} in the prd" ce, hath made w; free, and which they declare also, to be one of the man}" reaso'lS wlaich influ- enced them in the charg s \\hich have been made, or whf'lber they considered the arn:01ulion of the minister to be an unes eutial point of

xciv

dDrtriue, or a point of mere discip1ine, l'uhject to sùc1 chD.Il. ts lLnd al. reration. as lccal circumstanccs might requ.ire, I will not pn:tend to sa}". But certain it iii, that to me as a Roman Caiho1ic, and conse- quently 1I0t much accustomed to changes, this omission has appear-

d Dot a Httle surpri8in formula of absolution, viz. Om" IAJrtl Jeslls Christ, who halh left power to his church, to absolve all sinnsrs who truly 'rcpent, &c............And these othcrs.-And by his authority committed to me, I absolve tlue from all th.lJ siYu, &c.-have ahva}'s led me to bclieve that they con- sidered themselves as ministcrs empowcred by Christ to absolve (not to dedare them to be absolved. as their present rcvised book of common Pra}"er saJs) tmly repentallt sinners, :md consequently, absolution, to haTe been divinely instituted. alld as I do Dot find any mention marle in anr part of said revised book, of their having, since the American Revolution and independence, received from heaven any other equivalent means whereb}" they can, (as a dernitr resort) quiet the oonscicllce of thc guilly, tlnrl remove from the poor twhappy, though repeotant sinner, all scruple and tloubifulllcss"-Be tllis }1Owever as it may, I do not think, they, al liast no m0re than the Lutherans, can with any pl'Opriety, charge that "ith be;ng a licl1ltiotls practice, namely, corif ssion with Ùte Zl:;e f/ absolution, which they themselves once followed as \fell as \fe, which they lJave so very recently left offo and which their own acknowled cd mother chUl"ch, the church in Eng- land holds \\ Hh, to this present day; or find au}" fault with us for pre- ferring, havi availed ollr:-eh es also, of that same blts!ìetllibcrty, n'hertlVitlt Christ hath mark us free, and which our constitution has left us the free epjoyment of, to adhere to what was practised by Ui, long- before Ed \\ ard the sixth, .and what we mean, old fashioned as we arc, to carry with us, in spite of every new fashion, to the grave, and our succc:o:sors :m.l iAlmediate posterity, to their graves, 8ud so on 10 the end of the world. But to re ume.-I say th.at tht' above '\\arllin, before the commu- nion of the EngEsh Episocpal churrh and h.'r formula of absolution as set don n in her Book of Common Prap:r, in the order f(\1' the Visita- tion of the sicl, shew f'videntl)' that this said church holds, that J (":iUS Christ is the author of the confession which is marle to he mi 'isters of his church, that it is foumkd upon the diviue word of Scripture, and that they do indeed possess thC' power to absolve all silmers truly re- prntant. and consequently that all sinners are obligcd to make a spr.
 * f'8pecÏaUy as the words of the Episcopal



JLCY

cial ded ntioD or conf ssion of tho e sins with which their conscience reproachec: them. It is tme that the Puritans, the Presh)' teriaïs, the Anab,-tptists, and some other religi.ous sects m dc a formal petition to th J3mf'S, in the year of our Lord one tbou--and six hunored and four, at the cO:1ferf'ncc held at Hampton court, to hat"e cO.1i"c sioD ahol;s!)&>d; hut the kiD!, far from rantin their petition, confirmed the said p 'actice, as ma} be gepu in the 1) 3th Canon of tbis same Co.)felenCf\ p'e: p 8, and -16. wlwre, in conjunction with aU the biEhops of the l"talm, he declares, in qualit, of head of the English

burch, cOllfe !oiD to be apostolical, that i to say, of clhine Ï:Jstitt.. tÎou. He peaks the same la!1gua e, and ,\ ith equal force in his

Ie,Jitat io. s upon the Lord's Prap>r, "here he saJ5: ,. As to m} &elf, " I do heartH}' approve of confes:;ion. even \I, hen made iu priva!e to " a minister, and I could Inoreover \\ bh that it were m0re practised cc amon

t us; ({lr I fOlli-idf'r it to be a most excelleDt thing. and Hry ñ \\ay calculated to prepare men for \\ortbily recehiI1g the holy sa- CI crament.'. And to shew tll!\t the real bPlief of the Episcf\paliam:, is as I haye stated it above, and to put tbis matter beyoud all di:5pllte, I shall cite two Episcopalian ooctors of the En lish church. Mr. Ba} Je, the first I shall D!\me, declares himse1f o decidedly in favour of conf sjon, in J\is book a init the Pre:,b teriaDs. entitled, Tht Practice oj Pitl!!, that, I believe, no catholic will be found more favourable to confession than he is in the 51st article. p'1 e 627, (edit. 13.) These are the 'Yery \fords he makes we of in his exhortation to a sick man. to make a sincere confe 5ion of his SiU5 to a minister; "Send," says be, "and n enquire after some holy and religious minister; not only that he may k pray for thee, but that he may impart to thee, after a confes ion and cc an unfeigned sorrow and repentance, the absolution of thy siDs: for q as Goo hath caned him to baptize thee in the repentance and remis- << sion of thy sins, so also he hath given him a \oc3tion, a p01rer and "authnritr, prot"ided thou dolh l'epent, to a ol e tbee from tbJ sin:;: ,. for, the Lord bath said to him: And 1 will give unto t1tee the lay.;)' " of th, kingdom of heaven: Ami wllalsotvCT thou shalt hind on ta'rlft " shall be boulld in 1i avcn; and ll'hats(j,, thOl' shalt loose 011 lårth "shall he loosed in halven. .And ag3in: rlrily I say unto 901/, " JYhal.soct'fr yt hall bmd on tarth. shall he hound in llem.'ffl, a. nd "n'hoscson;er sins!It remit th Ilre ,'emittrd U1lto 111(m. Xow, it is c' Dot s3.id, ',""hose soever sim ye declaN" to be remitted: but \\ b 1


 * rcvi

"-SOhf'fSins ye remn: they therefore remit ins. because JC'ffiS Chl"1St " remitteth the sills throu h their ministrr. as it W3h Jesus Christ who "Joosened Lazarus, by the hands of his disciples." The same minister, in the concIu ioD of his dh.course, after nam- ing many other ministers who had the highest esteem for con- fession, goes on, and says: "Another faithful pastor highly commends \, and auvocates this practice, and Luther hiouielf declares, that he " "ould rather forff'it a thousand worlds, than consent that private "confession should be abolished and put out of the church. The " church of England," it is thus he concludes, "has therefore' wisely " and justly maintained at all times, the truth of this doctrine." The sEcond doctor of the Episcopal church I shall cite is Bishop Audrcw in his court sermon on J 01111 20. 23. Whosc sin.4; YOte shall forgive, t1uw areftJrgiven thcm. .. We are not," sa)s he, "the ordi- tc nance of God thus standil1g, to rend off one pal't of the scntf'nce: " Three are here expresserl; three persons: 1st. The person of the "sinner (llihose sins); 2dly, Of GOtI (they areforgivw); 3dly,Ot ", the priest, (you. furgive). Three are expressed; and where thrce " are expressed, three are required; and where threc are required, " two are not enough. It is St. All!J,U.';till, that tI:u speaketh of this

'ecclesia5tical act in his time; (An. .tOO.) Let nobody say within " himself, I repmt in private, I }'(pent before God: God who pardons 'c me, knmfs I repent from my heart. Then to no purp05e was it said, " Whatsoever YOli. shall loose on arth, slwll be lOOf;Ct! in Ileavrn: Then " to no purpose were the ke.rs given to the church of God; we make " yoid the gospel, we make void the worJs of Christ." Thus these two Episropalian doctors. I could cite many other divines of the church of Englaml to corro- borate the same, but, I think, what I h:lve already given, \fill sufficc. If, however, more will be require", more sh n be :riven latf'f. The Presbytel'Ían church also, if we may be allowed to judge from a work printed under the inspectit 11 of a committee appointed by the General Assembly of the Pre:.b) terian church of the l! oited States, equally advocates, though in a manner Fomewhat different, the utility Bnd importance of confe sion. In a catechism containing. as it is said in the title-page, a brief but comprehensive summary of the doctrines and dutics of chl'Ístia!lity, translated chiefly from a worl\: of profe sor Osterwald, by Samuel Bayard, (printed New-York, page Q9.) I re"\d the f')nowin questioæ acd answers :

xcvii

Q: " Is confessi08 of sin ntcessary ? Á. "Yes; ithout confession we cannot obtain pardon. I John 1. 9. " If rve eo1ýtss our sins, he is failliful aud just to forgive us mlT sins, " and to dcanse us from all iniquity. Q. ".Iu what manner are we to make confession? A. " It is not sufficient to acknowledge in general that we arc sin- "net'S; we ought to confess in the presence of God the particular sin '"' of which we are guilty. Q. " Are we to confess our sins to any but God? A. " It is our (luty to cOlúe s them to our neighb8ur, when they ., have been committed against him, to the church when they come 4' under its cognizance; and to ow' pastor wheu we may have n ed of " Ius counsel." "" h3t was the impression also of the celebrated Grotius, another Protestant, touching con fession! ., I am persuaded," says he, in annot. ad Consult. Cassanrlri, art. 40. tom. .1. rot. 821. " that the confession, " not only of public, but also of secret sins, has its advantages, which " is a150 confessed by the greatest part of protestants." nut \\ hat shall I say of the Protestant ministers of Strasbourg ? These were so fuHy com-weed of the advantages, importance and necessity of private confession, that they did every thing in their power to re-establish it in tbeir churches. The history of this traDS- action I shall set down in a few words; it is one of the most singular and extraordinary that has perhaps enr occurred ince the era of the reformation. It is to )1. Scheffmacker I am igdebted (or it. These protestant miuisters, ha\-ing it in contemplation to gÎ\-e a new e(1ition of their ritual, about the year 16iO, examined with the nicest care and attention what alteration it would be proper to make touch- ing the articles contained therein, and after having made their remarks thereon, presented a written paper to the magistrate containing thirty. one articles by \ray of doubts and questions, respecting the changes which they judged convenient or necessary, submitting tlle whole. Il0wever, with great deference, as they express themseh,oes, to the ultimate and so\.creign decision of the magistrate. The sixth article of this paper spoke of communion, and they expressed a desire there- in that the people should henceforth receive communiolil kneeling? 8S well to conform to the ustom of the church of Saxony, whence they

rtirl they had c\pr1ved the pure word of God, as to shew thrir bè- N

xcvhi

Ji.cf iu the real presence of Jesus Christ in th(' eurharisl; they Il'tOTe. over added, that as St Pa.ul enjoined that every knec should bow in the name of J e.'us, it was far more just every knee should bow before his person. The magistnte a"'e his answcr to this article in these few words: Let there be no innovation. The last article of the paper treated of confession, which was far more length)" than ali the others put together. An evident demon- stration that the)" had it most at heart, and therefore wished to rlcfend it in the be:;! po:,sible manner. In fact, theyalledged proofs of every description to prevail upon the magistrate to consent to the re-establish- ment of private confession. The same cust"m exh.ted then which exists now among the protebtants of Strasbourg; they confe sed by bands and companies, twenty or thirty pf'l'sons presenting themselves at a time, to .'cceive the 6ame at-Jsolution. The ministers \fished to c1J nge this cm:tom, aud to exact that each one in particular should make knc"n the tatf' of his conc;rjpnr.p. anò he absolved separately and alone; .t was with a vif'w to induce the magistrate to sanc- tion this alteration, that they quoted in their memorial the eighth ar- ticle of the .\.usbow-p; confession, the apology, the eighth article of Smalcad, the book of concord unrler the article of predestination, the 8 reemeut made ,,'hh thf' church of Wittembrrlr, more than twelve Lutheran authors, the very words of the Strasbonrg ritual, p. 32 and 295, the opinion of John Marbach, and John Schmidt. two ministers b hlr esteemcf1 in that city, and espf'cÏ3lly the text from the 20th chap. of 81. John: Whose ins YOli shall forgive, they are jorgit.eR. them, &c. aileI' which they condud{>ù their request by observing that fmID a regard thC'}" had to the oath the}' had taken at their ordination, Dot to approve of any thing "hich might have a tenòency to taint the doctrine contained in the confes!'ien of Ausbourg, an in the apolog}', thry thought themseh'es obliged to make this remonstrance touching confession; and that they might not be suspected to be influ- enced in this by any t('mpora) in ercst or ain, they therein declared that they would cheerfull,r renounce an the emoluments which might arise from it, I>romisi/l to forbear receiving the piece of money 'which the penitcnts were accustomed to pretrnt in the other Lutheran chur- ches. The magistrate, to &11 this mass of reasoning. proofs, citations, &c. contented himself with simply writing in the margin of the memo- rial these few words by ,faY of answer: This is 4 novelty n'hich 1mist 'lot lie intro(luctl/.

X.CoIX

It must be ackoúwledged that thef'e mini!iters took ,;reat care to say that they were far from having an) intentio to re-establish the CODfeg irion of p:Ipists, the fuct is, they had already rcnrlered it too odious to venture to recommend such a measure as this; besides, according to them, it was an insupportable burden. a cruel tOiture to the consCÎellce; it is dms thc} repre5ent it in thf'ir memorhl. Yet it is very certain th3t they \rere far from being atisfied with the manner of confe sing, as then in use among them, and which is practised still to this day; tbey wished for somethin more, and de ired that each one should acquaint his confessor in private with his interior dispositions, and if he should di5cover himself to be guilty of any grievous sin which gave him uneasiness, he should repose 80 much coufideuce in his confr sor

s to open it to him; but I would fain a k of these gentlemen, whether theh" object was to impose on pelliteuts an obligatioll to declare their secret sins, 01" whether, to leave them at full liberty to confess them only to God. If they pretended that there was no obligation 00 pe- lJiteuts, and that they were Dot in any manner obliged to declare their
 * !liDS, how could tbey flatter themsrlves \\ ith the idea that these would

come of their own accord and without being led to it from a pdnciple of duty, and \\ hat effect \\ ould this Dew ordinance have produced up- on rational minds And if they considered it to be indeed a duty incumbent on them, was not this to re-establish the confes ion of papists under another name. What more do catholics contend for, than th3t confession iö; a duty impæed by God himself, and dh indy instituted? However it may be, they ha\'e sufficientl} m:mifested by this proceeding, how greatly they tsteemed the confe sion of secret

ins, and if they have Dot been so bold as to exact it, they have at least stt'ongly recommended it, aud still more strongly desired to see the practice of it revived. And as to the unfayoul'able opiniou the)' had formed of our coe- fession, and \\ hich they took so much care to foster aud encoUl'age ill the miod of the magistrate, and which we sce equally prevalent amongst the reformed churches in thi country, thi!; must be wlely at- tributed to the ancient calumnies of the k ders of the reformation, (which I am sorry to be obliged so repeatedly to sa)", but \\hich I shall full}- make appear) and especially upon those disseminated by Kemnitius, or 85 he is otherwise called Cht1nniI6, the disciple of
 * }Ielancthon, who alone upon the single article of confeEhion, in his

work published against thr council of l'rent, has Iandcrcd us in more than!:ix or r:(:vec notable placef.

G

In the fir:.-t pJac , be charges us, tom. ]. p. 35 , 11.40, with exact- ing a thing impm;sible, prctendiug that "e require of penitents, to re- member all the sins which they have commilted: now, we ha\'e never said that they were obliged to remember aU their sins, but only to declare those which ther 8hould remember after a diHgent and rea.- sonable examen. He lays an obligation on us, in the 6econd place, p. 358, n. 50, to confess all sins without distinction. Now, we ills- ting.uish between mortal anù venial ,ins, anù in no manner pretend that these laEot named form any part of the Ilecessary matter of con- fession. He accuses us, in the third place, p. 359, n. I, with exact- ing a d tail of all the circumstances; and \fe require nothing more than that the penitcnt ßhould dcclal'c tho!e which alter or change the species of the in, or which aggravate it in a notable degree. There is certainly a wide dißerence between stealing one dollar, and steal- ing an hundred, between sinning with a single person, and sinning with one married. These are the circumstances with which it is necessa- !"} to acquaint the confessor; with regard to 6uch as are indifferent, \fe not onl)y wil1ingly dispeuse penitents \ ith declaring them, but even leqUf'st and entreat them not to cumbel" their confession with thC'llJ. In the fourth place, if Kemnitius be believed, p. 359, n. 1, we make the remission of our sins depend upon the recital \\e makf' of them, tltat ;r we f'houlrl happen to omit one, all the rest would be considncd ns nothing "orth: and we say continually that an involuntary omis- sion \\"hkh proceeds from pure forgetfulness, doe:. not in the least prejudice or prevent the confe&5ion from being good. He charges us, iu the fIfth place, p. 35.t, n. 20, with expecting to merit the remission of our sins by the exactnes:) and fidelity of our confe sion, and re- '}Jroaches us for striking thereby at the root of gratuitous justification, which proceeds solely from the merits of J ('sus Christ. NoW', we de- clare with the council of Trent, seS:5. 6, c. 8, that nothing of wh:!t pre- cedes justification merits the grace of justification. and that we do not deem the confession of the sinner, to speak ftrictl,., as a meritori. ous ,,"ork, but as a condition which God requircst and \\ ithout ,,"hich he will not receive us into favour, 1101' apply to us the merits of hi dear Srm. Can 'We ay after this that much creùit is due to Kemni- tius' for his great fidelity and correctuus in stating the doctrine of his adversaries? Or rather dOt'8 it not manifestly amount to bdng con- ....icted of imposture and bad faith? And does it become an honest aud upright dealer ti) cmploy means so uoju t and unnarrantable, to rCl\-

Ii

del' the Joctrine of his ad,-el"sarics odious ? Yet t1Jis lias been done, this is done, and this will ahva}"s be done in a bad cause. It has been so foretold, and 'e must expect it. But to return to the miuisters of Strasbourg. ""hat ban we think of their extraordinary conduct? Tbe whole bocty of miuisters in that extensive city, from the highest to the lowest, are convinced in their mind that important changes ougbt to be made in certain usages in the church of Strasùourg, and especially respecting the administra- tlon of the sacraments. They make the strongest representations on this head to the magbtrate, signed by the ,,,hole body of ministers; but wh.f does not this body take UIJOIl itsdf and in its 0\\ n name, bt make the re ulations it deems necessar}'? Ii it Dot the depo!'itory of ecclesiasti al authority? ,vhy have recourse to an authOi ity pme]y secul3.r, \\ hich bas bf>cn created and establh,bed b)" God on], to de- cide law-suits, :md to make regulations of ch iI polic}, aod which is invested with no power to judge or decide in matters which concern religion? Eut this is not all; they address themst'h-es to the magis- trate, not to act in coucert with him, and avail themseh-es of bis pro- tection, which in some }'espect would be tolerable, but to submit the l'esult of their ecclesiastical deJiberatioos with a fuB ami entire defer-

nce to his ultimate and sovereign decision. \Yho are they that thus bubmit an theil" ideas and lights? And to whom do they submit them? masters and doctot"s in the cLml'ch, who are willing and read,)' to lÌEtcn to tbose as oracles who were once their scholars, and who know no more about religion, than what the} had lEarnt in the days of tt.eir youth from these very masters who now consult them; pa5tors ",110 sub- mit to the judgment of their flock; persons whom professional duties

ttach to the constant study of religion, and who promise n unre- strëlined deference to an that shall be decided by those, whom domes- tic cares, the management of public concerns, commerce, 0.:: profape

tudies, devote to things altogether of a different nature. Yet these are the persons who declare to these ministers, that they must uot shew any external marks of respect by their geneflectioDS, at the time of receiving the holy communion: that the}- must flot confess sing])' and in 3. manner calculatC'd to disco,-er the true. state of their conscience. It is true, that the whole boðy of the Strasbourg millistel"S, was of a different opinion, and fter IJaving ma- turely considered and weighed the matter too; but neverthelesc;, the l a<1s of (',Ï\'j) anfl political departments must be believed

cii

"'Qsse ed of uperíür lights in matters ofreügion. This, no doubt, 1\&1:; the principle which dh'ected and intluenced these miJ)i ter8, aiJd which reDdere tbem 110 docile to the lac\Jnic refusal noted in the margin, anti Wh ch was to serve as the answer to aU their demands. How much are they to be pitied, who stra}" from the paths marked out by providence. These S3me mini8ters and their reforming ances.. tOr:5, were for ever raising their voice, aud exc!aiming against the ty.. lannical aud impel'Ïo authorit} l)f the councils; they were uuwiUmg &0 submit to the 1udgment of the bishops, who arc the true and proper judges iu religion, siuce they ha ve beeu iuueed con:,tituted, Act:; 20. 23. by the Holy Ghost himself, to rule tlte cJlurcll. 0/ God; aud the) 8e1'- \.ilely crouch to a secular magistratc, the)' offer to receive j[J tructiOD. from l:lose whom they ought to instruct, ill short they submit to a elJw timcnt in ,lirect coutradiction to the one they bad themselves propoiied \\ ithout offering the least reply. How can they after thí:;, boast of the conformity of their doctrine and rites with the hoJ)' scripture. They declare it to be their bclief, that Jesus Christ ought to be adored in the Eucharbt, and that penitents ought to confess their

iDs, one by one and in private; the}' cite scriptw'e to prove and sup- port their entiment; the magi trate is of R different opiniOll, or does Dot find such an alteratiou cOD\..eDient; they acquie ce in the senti- ment of the magistrate, and let equally proclaim to the people, that they always follow the scripture and conform to it through- out; '\\hat can we think after this? Can illusion go farther. can it mauifest itself more sensibly? The reader will pardon this digression, which is somewhat long, but which I havc dpemed ,.ery proper, to shew the great regar.] and esteem w11ich our adversaries themsdves La,-e for auricular confes-

ion. In the abo,"e transaction at Strasbourg, "'e bave seen the Protes- bat clergy of that city, presenting a remonstrance to the ma istrate, to have coufcssioil re5tored, but no '" I shqll shew thp reverse of the ca e, vi7.. the Protestant magist.. .tes them elves, of the iUustrious city of .Kurembe.r, strflluous!y urging the ame. So general was the de- cay of piety which ensuprl, (a3 Erasmus, thoug-h by the bye, no zeal- OilS advocate for the Catholic church, and ew'n Luther hi mse1f tf'6ti- f} ) aud so great the rlegeneracy of morals which was brought on by rhe chang<' of religion, and by enfranchising men from the powerful 'It'd...,; and penHetltial (Xerci e8 of fasting, ab tin

c , c-Onfe

Ï'JI1. and

till

Olher religious ðuties, and which the magistrates of the above named dty were so sensible of, that they solemnl}' petitioned the emperor Chades V. to re-establish auricular confession among them by an im- periallaw, R6 a check upon the prevailing libertinism, al1{'dging, that the}' bad learned by experience, that since it had been laid aElide br them, their commonwealth was o\-er-run with sins, against justice and other virtues, heretofore unknown in theh' country, and that rcstitu. tion for injustices committed, was scarce any longcr to be heard of. The petition (as the historians of those days inform us) on]y moved the court to laughter, as if a human law could compel men to the confes.

on of the secrets of their consciences, au (I as if it W8S to be expected that any attention would be paid to the ordinance of man by a people '\rho disregarded the institution of God, as the emperor }'eplied. See Gahan's hist. of the church. So much for P lotestant testimonies in favour of the utility and importance of sacnmentaJ confession. Let us now see what the opi. mon of t?hiloso hers and free-thinkers is, on this mbject. In order not to 5\fell the Appendi"\: too much, I shall confine Dl}'sdf to a few on- ly. " Thf're is not perhaps a wiser institution," sa} 5 V oltail'e, in Rem. on the T}'ag. of Olympia. "Most men when they have fallen into ,t great crimes, naturally feel remorse. The law-makers, who estab- c1 1ished mfsteries and expiations, wcre equally studious to prevent ct the guilty froTU yielding to de!:'pair and relapsing into their crimes," "Confesfoion," saJs tht: PhilO!: ophical Dictionary, art. The Par- son's Catechism, "is an excellent thing, a curb to inveterate wickcd- c\ ness. In the remotest antiquity, confession was practLed in the " celebration of all the ancient m) steri(s. We ha\'e imitattd :J and

'" It is altogether unnecessary tl) ("xamine this imitation partjcu ar.. 1y, as the author seems himself to reject it in the following pJssage, ,vhere on the contrary. it is human 'Wisdom, that has jzerceivtd tile utility and tmbraced the 8/,ac!ow oj 80 useful an in8tituticn. It is well known, the philosophers would fuin denve from the ancknt n:1tions aU the Christian cU3torns and practises. And their effurts have Leen seconded by a performance of Dr. Conyer s l\'1iddleton, entitled, .A letter from Rome: but this work has betn so compJettly refuted by the Rt. Rev. Dr. ChaI!enor, that I shall take no fJrther l:utice of it. :My sole object at present is to shew the homage thesr ,. ry men l1ay to the Importance and utility of confes iQn.

CIY"

"sanditicd thia tfiF practice; it is excellenL to induce ulcel'aled "hearts to forgive; and to make thieves restore what they have un "justly taken from their neighbour." ,\ The enemies of the t:hurch of nome," say thf' annals of the Emp. töm. 2. p. 41. " who have declared against this wholesome iObtitution, I. seemed to have deprived the "World of the best check that could be << ghcn to vice. The sages of antiquity were themselves sensible of " its importance. If they could not impose it on Dlan as an oùligation, " they establi heù the practice for those who aspired to a lIfe of greatel'

!,1Jrity. It was the first expiation Df the iuitiated among the E2}p- " tJa/ls. :U1d ; } lorD mysteries of Elusiniau Ceres. Thus has the Chris. " ti .t 1" -"b Jtl s;:'.lclified a practice of wltich God permitted, that hu- "man ,,,isù,,m!'hould disf-O\-er the utility and embrace the shadow." The author of the Philosophical aud Political history of the om- merc of the In.lies coulrl not refuse, in vol 3. p. 250. bis encomiums to c j)fession. "The Jesnit have ec:tablis}Jcd, toa}"s he, a theocratical " ovrrnment in Paraguay, hut with a peudiar advantage to the reU- " won on which it is built. This is the practice of confession, a prac- " tice of immense bC'ncfit as long as its ministers will not make a bad ce use of it.. This alone stauds in lieu of penal laws, and watches

>3F No Catholic will deny that in confession, ::is in every tJ1ing else, there have been some ab.ses, from which the church has Ibboured and still labours to reclaim, by her authority, those who have de\'iat.- ed from the established rules. There have been severities, and there bave bee" hxitie!: some appeared to have considered confession as a bare recital of sins, without attending to the penitential feelings from which it must flow, like the stream from its fountain head. Others have made it a benefit of such dimcult access, that there is scarce anf aspiring to it. What doe,; thi5 prove, but that people may rea. son very ill upon things that Bore very good in themselve., and very true? The evil., occasioned by the indiscreet zeal of SOffit: confes- sors, hav been few and transitory, but the good effects of c.onfeßsion, are daily and permanent. 'V ould the philosophers have people re- nounce eating and drinking. bf'cause some gluttons have killed them- selves by eating too much? Do the abuses hinder c.onfession from

eing a curb to licemiousnes!, an abundant source of wholt:somc ad-

..ice, an heartfelt consolation to souls afllictcd for their sins? Doe."

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"over the purity of morals. In ÞParaguay, religion more power " (ul than the fDrce of arms, leads the culprit to the feet of the mag;jc;: "trate. There it is that, far fl'om palliating his Cl"imes, religion " prompts him to aggr<:vate them; jns ead of eludin the punishment, ,; he comes to beg it on his knees: the more severe and public it is, the " more it pacifies and composes the conicÏence of the criminal. Thus " the puni:;hment, which every where else frightens the guiltr, is here " a comfort to them, as it smothers remorse by expiation. The people U of Paragu<\y have no civil laws, being unacquainted with propel'ty, " nor have they any criminal laW's, because each individual accuses " himseJf, and inflicts on himselfvoluDtary punishment. AU their bws " are precepts of reli ion. The best of all overnments, would be a " theocracr, in which the tribunal of confession were eståblished, if " always directed by, irtuous men, and upon rational principles." The celebrated Adtlison, being in Italy, could Dot behold the in- sniptions from Holy Writ on the confessionals, without feeling him- self struck, and relating them with a pious complacency.- These in-

confession cease to be an excellent means of improving the seeds of ,.jrtue in well disPQserl minds, of preventing the growing p;,ssions, from smothering them in others, from affording a support 10 inno- cence, from repairing the depredations of theft, from drawing closer the bonds of charity, from keeping up the 100re of peace, of subor.. dination, of justice, of evel'y virtue, from eradicating the habits of waywardness, issentioJJ, rebellion, and all kinds of vice? A thing well worth observing, and really supernatural and miracu- løus, is the seal of confession, entrusted evel'y day to thousands of priests, often, alas! ill quaJified for the professIOn, and capable of any other prevMication, and yet so faithfully kept. Scarce can all church history, furnish one example of infitle1ity in tbis point. If in making this observation, one shoL11d reflect on the inconsistence of mankind, on the curiosity of some, and the loq\iacity of others, on the nature and importance of the affairs entrusted to the ministers of this sacrament, whereof the revelation would often have astonishing effects, on the m ns which various interests, avarice, jealousy, and other passions. fail not to try, in ordel' to compass their ends, &c. there will rt:main no doubt but that God watc.hes O\'c: r H:e pres("rntion of hi5 own work. Df Feller's Phil. Cnt. f)

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dCriptiOUII ''"cre the (ollo\\inl;: Let ttar! t't n down like It torrellt ikIy anti night, give thyself no rest, and ld nøt the apple l!f tby eye cease.- Ift'ill arise, and '1l:W go to myfathtr, ami say to him: Father. I have sinneJ ffgaill t heavm and btfOl"e thee -Whatsoever yo" shallloosl upon earth, shall be loosc(1 also in heaven.- Turn, 0 lTlY soul, into thy rest.-Go, ami nOlv sil., o flUlTt.-Hc that hears yml, hears me.- Come to me all yml t!wt labour, ami are heaV!J la1cn, ami I will TE. fresh YOll.- The just ,non ,,'hall correct me in mercy, and shall reprove me.-See if the be in me the n.ay of iniqllÌfy: anrllea I me in the cternalwrry.-FJ'om heal.'ell the fJOrd hath looke-I, upon tlte earth; that he mighl hear the groans if them that arc in felters: that he might fe- ltilsc the children of the slt.Ûn. Aud indeed tbese in:öcriplious arc ve. f! expressive of the spirit aDd effects of the sacrament of penance.

CONCLUSION.

Tali doctrine of the Catholic church touching penance and sa- cramental confession, is Ùlen as ancient as Christianity itself. It is in fact the only sound and natul'al construction which can be put upon the tenth artide of that admimble symbol which was framed by the Apostles under the direction of the Eol}T Gho t, and which is univer-

aUy received throughout the Christian \\ orId. There must, unques. tionably, have been a particular reason, and a reason "orthy of the Holy Ghost, who iu!pired the Apostles, which prompted them to icsert in their C'Utd, their belietïn thefm1iivtnt s of sins, immediately after the article relating to the Calholic church. The sllme eternal wisdom which l"egulated the beautiful ordel' that reigns in the material world, has in lilæ manner regulated that which reigns in the creed. For what else could they have intended by this admirable order of the articles of our faith, if it be not, that they wished to 1ft us know thercby, that the forgiveness of E-ins is one of the greatest advantages ,fthe church; that it is R prerogative granted to and held by her; that it is in her bo50m, and in her bosom only, man can enjoy this preciou.c; advautage; that sh is the true J{f'usaltm, (a) in which the true Tem- ple exists, and the true Probatic Pond, (b) wbich heals aU sorts of dis-

ases; thHt in her only are found the true waters of the Jordan, which eJeansed N aaman,( c) of his lepros},; that she is that m} steriolls Inn, in ..hich the true Samaritan effects the cure of the traT'eller (d) whom he finds wounded on the road to J cricbo ? It is indeed true and unquestion:lbly true, that to pardon sin in it- lelf, to wash away its stain, to efface its character, to restore to the 60ul ber lost cbar , her ori inal beauty, is a righL which belongg in so pe- culiar a manner to God, that DO creature ho\\ ever powerful, or how- wer perfect he may be supposed, can ever dare pretend to it. This èivine right, is 8 title \.fhich he attributes to himself in the scripture,

(a) Gall. 4. v. 16. (6) John 5. 9. (c) 4 Kings, S. 14. ((1) Luke 10. v.33.

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to the exclusion of all others. I am, does he say by th mouth of his Prophet, I am Il, tllat blot Ollt tlly iniquities for thy onm sake.(a) He alone is the creditor who can forgive this debt, which is due to him only; he alone he pbYEician capable of healing this wound; it is incurable to everyone else. It is eod who is offcoded by sin, anel in- finite J oflènded; he alone can forgive man this infinite injury. He alone who has created mán, has the power to renew him, to pu- rify him, to sanctify him, to create in him a clean heart, and renew a right spirit wit1tin his bíJ1vels (b). If the Jews blasphemed ao-ainst Je- . 0 rus Christ, because hr- had said to the man sick of the Palsy: Son, be of good heart; th.11 sins are forgiven thee, (c) if they were mistaken, it was not because they said, that it belonged but to God, to forgive sin; but be('au e they refused to acknowle(lge him to be God who Jmrl \frouf{ht so divine a 1rork, and which demonstrated to them the truth of this invi!'ible miracle, which he had just operated in the soul of the man sick of the palsy, by the "isible miracle which they them- relves had witnessed, and ,vhich he had wrought upon the body of this sick mao. But this power of remitting sin, which God alone has by nature, Jesus Christ hag as God, bf'cau!'e he is the same God with his Father, and all that bf'lo g to the Father, belong to him.(d) Hc has it likewise as man, in ro,lsequence fthe hypostatical union of his sacred humanity, ,,"ith the divine person of the word. And this he gives us evidently to understand by these words, wMch he adch'esses to the Jews, when healin the man sick of the palsy: But, that you may know that the son çf man hath power on tarth to forgiv sins, tilen, sait]" l,e to the In'ln sick of tñc p!ilsy: Rise up take O'y bal, amI go ildo th.y lwusc.(e) He possrs es this power HS Saviour, because he has l'urcha!'>ed.it at the price of his blood. lL was to ('x(,l'ci e it, that he came down fmm he:J.vea. T "Ie prophets h'ld foretúlJ, that he \fouM come to blot out our inir,t!lt.!J. The adorablf' name of Jesus, whirh heaven had given him b: folt' his birth, and which he feccivell eight dRYS aftel., Cj ) was a pierlge of the salvation and remission \fhich he blought us. lIe is called Saviour, but bf'cause he came to save Ilis people and to save them from their sins.(g) If St. John the baptirst announccs him, it is(h)

(a) Isaiah, 43. 25. (b) Ps. 50. v.12. ((i) M..t.9.2. (d)John, 1710. (e) Math. 9.6. if) Matn. 2.21. (g) Luke 2. 21. (It) John, I. 2 .

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8S the lamb l!f God wllo taketh, mvay tl,e sills if the world. If he dit." on a cross. it is to blot out the lw1Jd-JlJritillg of the ckcree which 1vas against Zl. .(a) If he sends his Apostlo.s throughout the world, it is to preach ('very where the remissiou of sins.( b) Eut this is not yet all, this power so divine, so peculiar to God, so consoling to the sinner he imparts to man, to sinful man, in order to fa- cilitate to him, that precious grace which }lad cost him his life and blood. He imparts it to his Apostles. He imparts it through his ApostJes to their successors. He imparts it in their person to his church, to be exerci5cd by bis ministers, through all succeeding ages. Go, said he to his Apostles, (c) As the Father hath sent me, I also send!l0It. He h ' s sent me to save the rucrrld, (d) you also shall become in some sert its 8aviours. He has sent me to destroy sin, to sanctify sinners, to reconcile man with him. Go and complete the great work. Pi"each every where the remission of sin. It is the fruit of my death; it shaH be the end and effect of yom' ministry. But in order that it shoulcl not be understood, that they had to an- nounce or pl'oclaim it only, or to promise it on his part, he associate them with him in this divinc power. He wi::;hes that they"themselves should remit SiD; that they should remit it in his name and on his part. In quality of sovereign judge, both of the Jiving and of the dead, be constitutes them his snbalterus; he imparts his authority to them, to raise even the dead to life, and to save sinuneJ"s. He engages him. <;self, to ratify ill heaveD, the spntpnl'e thf'}' shall have pronounced on earth. 'l'his is ill effect what he promised to St. Peter and to aU his apos- tles, and what he imparted to them all after hIs IeSl1rrection Thou. art Peter, said he to the pl'ince of the apostJes, (e) anti upon this rock I 'will huild my church,..,.Alld I lvilllfive to thee the keys ofth kingdom of lwavf1l: anti wllatsoever thou shalt bind upon earth it shall lJe b01.l1ul also in hcavm : allf11v1wtsoever tholt shalt loose Up01I ca-rth it s/tull be loosed also in heaven. He made afterwards the same pro- mise, and in the same terms to his other apostJes,(f) Amln I say to YOl.!, 'tvlta1soeve1" YO'll shall bind upon earth, it shall be b01.l1ld also in

(a) Coloss. 2. 1-1. (b) Luke, 2.1. 47. (c) John, 20. 21. 'll) John, 3. 17. (e) l\1att. 16. 18,10. (.I) IS. 18.

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ht4VBn; and 1Vhlttsocær!Iou. hallioost Ilpon earth, shall be lotJSttl al in heaven. And in arder that no doubt mi ht be ever entertained ei- ther of the 8enSf' of his promises, or of the nature of the po,,"e;' prorni- lied; he him!lelf eÀplainerl it when he J!;ave it to thpm. Rtceive ye the Holy Ghost, said he to them br,.athiug on them after hi resurrertion, Rtcei'l.'!) ye the Holy Gho. t. (a) 'lvhflst sins YO'll. shall forgive they art forgiven them; ancllvhose you shall retain, the.11 are retained. It can therefore be no lon er said, If one man shall sin against another, God may be tlppeaseJ in his behalf: but if II man shall sill against the Lord wlw shaU pray for him .p (b) This is no longer impossible from the time that the SOD of God became man, and im- parted his power to man. But iø it to the person of the apostles he has limited and confined this power ? No; he imparted it f'qually to the church in the person of the apostles. It passes from the apos- tles to their successors, they impart it to those ",'hom they appoint to succeed or assist them in the functions of the priesthood, and whom they associate ,rith them in the divine wcrk with which they are <<:harged. As tlIe fruit of the death of Jesus Christ was to subsist ahv8lS, so it was to be always applied aDd communicated. As the. sacred ministl.y of the sanctification of mall was to pass from the apostles to their successors, so this power of remitting sin was in like manner to be transmitted to them. They have sent others as they themselves were sent. The power of remitting sin iF: like that of bapti&in , teacbing and imparting the Holy Ghost, which the apostles bave transmitted to their f.uccessors together \\ ith the episcopacy or priesthood. J ems Cbrist, accordin to his promise, is nitlt tltem, teachi . baptisiDg, and remitting in, to the conSrlmmation of the world (e). And consequent- Iy, to tIle cousummation of the world, they teach, baptize, and remit 8:n, in the name and by the authority of J esu.s Christ,- or rather it iø Jesus Christ who l"emits it throu h their ministry. "The priests, sa:r s St. Chr}"sostom, "lend their tongues and hands to Jesus Christ; " but it i8 God himself who does aU in them and through them." It is then to the church and for her benefit, that thi9 power is given, and it is to last as Ion:; as!'he herself lasts. It is an irrevocable gift which Jesus Christ bas conferred upon her, and his gifts are without

a) John 20,22, & 23. (6) 1 Kings, 2. 25. (c) Matt. 28, 19.

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npmtunce. (4) It is to. the apastles, as heads of the church, and her representatives, this power is given. The church, at the death of the ap06t1es, who. are her fathers, has bad and will always baye children, heirs of their power, and whom God himself raised up in their room, to be the prÜlces ojtlu earth, of that true pro....ised land which he bai given to IJis peo.ple, in which lie bas established his worship, and in which he distributes his fayours. "It was the whole body of the church," says St. Austin, (6) "that Peter represented, when Jesus

Christ promised him, that whatever he should laose an earth, should

be-loosed ill heaven." "rhich made this Doctar also say: "That n it is the peace Rnd unity af the church which remits sin; that who.. " soever is nat in the unity of his body, can have DO part in this re- q mission. That it is the rock that binds, and the rock that ]ooEes; u that it is the dove that retains sins, and the dave that remits them; ,\ that it is the unity of the church which remits them and which re- a tains them"" Thus St. Austin. It is by her mjnisters she exercises this power. They alone have the power to bind ar to laase sinners, and to do towards tho.se who. are dead, as to the soul, what the apostles liid. in regard to Lazarus wþom Jesus Christ raised to. liie. To. them alone, as!lipiritual phy icia(Js, it belongs to. discern between leper and leper. To them alone it be- lon s to pronounce on earth sentences lvhich are ratified iu heavcD. It is in administering the sacraments they exercise this power. For it is to these s"lcred signs that Jesus Christ has been plea ed to attach bi race. It is in baptism they efface original sin, since it is in thi sacrament that we are washed, cleanseJ, justified, regenerated in Je- sus Christ, and from chihlren of 'wrath by o.ur birth, (c) lfe bCCOIDf' chillren of God by his race. (d) It is by the sacrament of pe- nance, that the sins committed after baptism are l"emitted to. true pe- nitents. It is in this sacrament that we find a second plank in OU1 ihip-wreck. It is this second penance, as TerluUian styles it, whicl' God has established in his church to open it to those", ho knock at the door, cud in order that after the first door of innocence, namdy, bap- tism, is shutt as it can be received but oncp, the condition of sinner5 might not be l\ithout l"eSaurce.

(a) Rom. 11,29. (h) S. Aug. lib. 3 de ß.1pt. con . DOBat. c. ]7. (c) Ep

. 2 v. 3. (d) Rom. S. 16.

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Such 1mi' becn the faith of the catholic church in every age. If. the po,\cr which she po!"sesses of remitting sill be founded upon t11e most divine titles, she has presen ed the most authentic possession of it. All the fathers of the church bear testimon} to it. AU the councils, in regulating the discipline of penance, have furnished addi- tional proof of the power of the church to remit sin. '''hat the apos- tle did iLl regard to the incestuous Corinthian; (a) what the apostle St. John did in regard to the captain of the robbers, whom he brought over to repen anee, and aften ards reconciled to the church, the same have the pastors of the church done and will continue to do in an 5JUC- ceeding ages. The churcJ), in condemning the l\10ntanists and Nova. Uans, who wished to contest or 1imit her power, did but arm herself against them to preserve this precious deposit; and when in these lat- ter daJs the protestants arose to dispute this power, they had already received their judgment and condemnation from the tradition of aU ages. By their separation they have deprived them.5cIves of the consolation and resource enjoyed by the chilòren of the church. Their opposition aud sophistry \\ ill never take from the church what lihe has divinely receh..-ed, and what she bas always preserved. They themselves are the only sufferers bf their secession.

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(a) 2 Cor. 2. JO.

OTES REFERRED rro IN THE TRIAb,

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THE POPE'S StJPRL'\fACY.

CATHOLICS believe that the bishop of Rome, the 8ucceSSOl' dl St.l)eter, Prince of the Apostles, to whoft1 Christ gave the keys of the heavenly kingdom, J:1Jlall... 10. 2. &c. &c. and whom he entrusted with the special care of his flock, John 21. 17. lIIath. 16. 18. 19 is the visible head upon earth, of the whole Catholic churcù. It is' no article of Catholic faith that the Pope is in himself infallible, sepa- luted from the church, even in expounding the faith. Nor do Catho- lics, as Catholics, believe that the Pope has any direct or indirect au. tlJOrity m"er the tanpural pOlver and jurisdiction of foreign princes, or States. Hence if the Pope should pretend to absolve or dispense with the subjects or citizens of any country from their allegiance, on ac- count of heresy or f!chism, such dispensation would be lIull and 'Yoid ; .\Dd Catholic subjects or citizens, notwithstanding Buch dispensation or absolution, ,"ould be still bound in conscience to defend their prince and country at the hazard of their Jives and fortunes, (as far as Pro. testants would be bound) even 8gainst the Pope himself, should it be possible for him to attempt as invasion. The subjoined queries which were sent, at the request of :Mr.fPitt to six of the Catholic universities, "ith the answers to the same, \rill clearly evince this point, and at once <10 away \'ery unfavourabr,.. impression on this head.

Extracts from the DfClaralions and Testimonies if six oftFtc principci.l Universities in Europe, on the thræ following Propositions, submit tFd to them at the request oj Mr. Pitt, 6y the Call1olic. f!.f 1.t!'lUlt!71, ÙJ J 789.

-THE PROPOSlTlO S.

lIas the pope, or cardinals, or any body of men, or any ìndividuãl 9f the church of Rome, allY chil authOllt}', power, jurisdiction. OJ," rrl''' t;minencc Wll tsoever, within the re;llm of England ? "

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l. Can the pope or cardinals, or any body of men, or any iodIn .Iual of th.. Church of Home, absolve or dispense \\ itit his majesty's

ubjeds from their oath of allegiaoce, upon any pretext whatsoever? 3. Is there any principle in the tenets of the Catholic faith, by which Catholic an justified in not keeping faith \\ ith Heretics, or othel' per- sons differin from them in religious opinions, in any trausaction, ei- th r of a public or a private natmc ? Ab8tract from this answcr of the Sacred F.aeliltyof Divilli is no tenet in the Catholic dml'ch, by which Catholics are ju tified in not keeping faith with Heretics, or those who differ from them in matters of religion. The tcnet) that it is lawful to break faith with Heretics, is so repugnant io oommon honesty and tIle opinions of CathoJics, th'at there is not hing of which those who have defcuded the Catholic faith a ainst Protes- tants, have complained more heavily, than the malicc and calumny of their a(lvcrsaries in imputing t1JÏs tellet to them, &c. &c. &c. Given at llaris in the l!cneraJ assembly of the 8m'bonne, held 011 ThursdaJ the 11th day before the calends of .March,1789. Signed in due form.

,(NH ERSITY OF DOt.TAY.

January 5, ] 789 .It a m!ctillg oj the FUCld(J) if Divinity if the University tf D(JUay, &c. &c. To the first and second f1ueries the sacred faculty ans\ffl's-That no power wbah;,oCT('r, in civil or temporal CQllCCmS, was given by t11(';..

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AlmlO"hty, tither to the pope, the cardinals, or tliC churcb 1Ierse1f, anð conS:queutly, that kings alld sovereigns are not in temporal concerus, subject, by the orrlination of God, to any ecclesiastical power w)tatso- eyer; neither can theiJ' subjects, by any authorit}' granted, to the pope or the church, from above, be freed from their obcdience, or :lb- solved from their oath of allegiance. This is the doctIioe which the doctors and professors of divinity hold and tcach in our s('hool, and tJ.t.is all the candidates for degrees in divinity maintain iu their public theses, &c. &c. &c. To the third question the fiacri'd faculty answers-That there i5 no priolciple of the Catholic faith, by" hich Catholics arc justified in not kcepin faith \\ ith Heretics, "ho dHfer from them in religious ot>in- ion. 011 the contra..y. it is the unanwlOUS doctrille of Catholics. that UK' rC8pect due to the name of God so called to witness, requires that the oath be im-iolably kel)t. to whomsocver it is plcrlged, whether CathoJic, Heretic, or Infidel, &c. &c. &c. Signed and sealeå in due form.

UNIYERSìITY OF LOt;Y AIl-\.

'.rhe faculty of divinity at LouvaiD, having been requested to give her opinion upon the questions above statf'd, (!oes it with readine s- but struck with astonishment that such questions should, at the end of this d hteenth century, be proposed to an)- learned borly. by inhabi- tants of a ki dom that glories in the talents anti di cernment of its na tives. The faculty being assembled for the above purpose, it is a eed "ith the unanimous assent of all voices toans\\er the 'Ì1st and second queri s absolutel} in the negative. The faculty docs not think it incumbent upon her In this place to enter upon the proofs of her opinion. or to shew how it is f,upported by passages in the Holy Scriptures, 0.' the 'Hitin s of antiquity. That ba3 a}reacly heen done by Bossuct, De Iarca, the two BarcIa} s, Gol- dastus, the Pithæuses, Argentre ',idrin ton, and his majesty kin... J ames the First, in his dissertation against Bellarmine and Du Perro;: and by man} others, &c. &c. &c. The faculty then proceeds to declare that ihe so\-ereign power of the state is in no wise (not even indirectly as it is termed) subject to, or dependant upon any othu power, thou h it be a spiïitual powcr,01 e\'en thoug:h it be instituted for eternal salvation, &c. &c. That no man nor any assembly of mel') howe\-er eminent in dj nitv and power, not e\ en the whole hody of the CathoHc church, th u il
 * issemblerl in general council, can, upon an,.

round or pretence what- ioever,. weaken the bond of union betneen the ;overei:;rn and the pe

pIe; stIll less can the}- ab olve or free the subJrcts from their oath of an giance. Proceeding to the third question, thl" said fae.lty of divinity (ia

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l,)ßfLtJCl woudel' that such a question should be proposed to her) mÚ5 p08itively and unequivocally an wers-That there is not, and there Ile\"er has been, among the Catholics, or in the doctrines {\f the church of Rome, any law or principle which makes it lawful for Catholic to break their faith with Heretics, or others of a different persuasion from theID6elv68 in maLt rs of religion, either in public or private con. cerns. . The faculty declares the doctrine of the Catholics to be, tIIat the di- vine and natural law, which makes it a duty to keep faith and promis- es, is the same :.a3<1 is neither shaken nor dimini hed, if those with whom the engagement is made, hold erroneous opinions in matters of rclj ion, ....tc. &c. Siguerl in due form on the 18th of November, 1788.

-CNn-FRSITY OF ALCALA.

To the first question it is ans\\ercd-That ::Jone of the persons men- tioof'd in the proposed quc:;tion. f'ither indivirlually, or collectively in counsel assembled, have any ri ht in civil matters: but that aU civil power. jurisdiction and pre-f>minence are derived from inheritance, elec- tion, the consent of the pi-ople, and other such titles of that nature. To the second it is answel"( d, in like manner-That none of the f>('f!l>OIlS abo\'c-mcntioned have a po\\cr to absolve the subjects of bis ßritannic m3; i esty from their oaths of allegiance. '1'0 the third (Iue lion it is I\lIswercd- That the cloeh.ine which would

xempt Cathulics from thp obligation of ke{'pin faith with Heretics or with any other pf'rSOBS who di8Sf'ul from them in matters of reli- gion, instead of eillg an article of Catholic faith, is entirely repug- nant to its tenets.

Signed in the usual form, March 17th, 1739.

'li N n ER5I1'1.'" OF S.\.LA lANC.!..

-'.fo the first question it is an werf>d-That neither pope, nor cardi.. nals, nor any assembly or individual of the Catholic church, have, as

llch, any ci'Çil authority, power, jurisdiction or pre-eminence in the kingdom of England. . To the second it is answered-That neither pope nOl" cardinals, nOlO any a5sembly or individual of the Catholic church, can, as such, ah. f;oh e the subjects of Great Britain from their oaths of allegiancc, or rllipcuse with its obligations. " To the third it is answered-That it is no article of Catholic faitl-t. with Heretics, or with pCf'sons of any olhel" description, who dissent trQrn them iu matter3 of rc li ion. Signed in the usual form, :March 7th, 1789

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UNIVERSITY OF V A.LLADOLID.

1'0 the first question it is answered-That neithcr pope, cardinal oi ar even a general coundl, have any civil authority, power, j lfisdic- tion or prf'-eminence, directly or indirectt}, in the kingdom ot Great Britain: or o\-er any other kingdom or province in which they pos- sess no temporal dominion. To the second it is answered-That neithel' pope nor c U"dinah:l, nor even a general council, can absolve the su jects of Great Britain from their oaths of alleO'iance, or dispense with their obligation. To the third it i 3nswered-That th{' obligation of keeping faith is

rounded on the law of nature, which binils an men f'quallJ, ,,'ithout respect to theh' religious opinions; and with regard to Catholics, it is still more cogent, as it is confirmed b}' the principles of their religion. Si ned in the usual form, February 17th, 1789.

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{To the declaration of the univel sities, it "iU not be amiss to add also, the declaration of Pius YI. of ,-enerable memory, in a letter to the Roman Catholic Bi:JlOpS of Ireland.] " The Roman Catholic Archbishops of Ireland. at their meeting in Dub1in, in ] 79], addressed a letter to the Pope, wherein they describ.. ed the misrepresentations that had been recently published of their conseclation oath, and the great injury to the Catholic body, arising from them..........., " fter due deliberation at Rome, the Congregation of Cardinals appointed to supedntend the ecclesiastial affairs of these kingdoms, returned an answer (of which the following is an extract) b}- the au- lhorit}' and command of of his holincss:

c' _"'JIost Illustrious and most Rcvcund Lords, and B-rothers,1{I

"We perceive from yoUl' late letter, the great nncas!ness you la- þour under since the publication of a pamphlet entitled, Tile present state of the Church of Irtùmd,-from which om' dctractors have taken occasion to renew the old calumn}- agains.t the Catholic religion with increased acrimony; uamely, that this religion is b!J no means campa.

· The original Latin will be found in opposite columns in Dr. Troy's Pastor l Instruction, 1 ':"93-(Cogblan, Duke. treet.)

, -iii

1Í le mill. lilt Mif;:IYl!F 1ân s and republics; because, as thi]1 say, thf" Roman Pontiffbcing the father and master of all <';alholics, ami iTwe5led 1l'ith slieh gUilt lJ.uthuNly, thaL liC canirt(the suhjects oj"other kingdoms from lhe i J" .fulclit.1} ami oaths tf allegr.allce to kings an.t princes; be has it in his power, they cOJ.1tend. to cause diiturbaoces and injure the pub- tic tranquillity of kil)gdoms, with ease. 'Ve 1ronder that lOU could be uneasy at these complaints, espf'ciaUy after yonr most e (.eUf'Dl brother and apostolical felluw-labourer, the Archbbhop of Cabhel,*
 * md other strenuous defeuders of the lights of the Holy See, had evi-

dent1J refuted, aud explained away these slandf'rou:; reproaches, in their celebrated writiugs."-ln this coutroHT8}' a most accurate dis- crimiuation should be made between the enuiue rights of the Apos. tolical See, and those that are imputed to il by innovators of this age for the purpose of caluminatiug. TJu Scc 0/ Rome never lau!(ht, that faith is not to be kept with the heterodox :-that an oath to kings sepa- ratedfrom. the Catholic Communion, can be violateil :-that it Ù; lauful for tile Bislwp 0/ Rome to invade their temporal rights and dominions. \Y c too consider an attempt or t!Ul/5 n against the lijè l!f Kings and Princes cvcn under th pretext 0/ uligioll., as all. HOIlRID aad DETES1'.ABLF CR I MF.." ........... ............" At the velY commencelJ] llt of the yet inf:mt church, bles. sed Peter, Prince of the Apostles, instl'Uctiü the faithful, exhorted thrm in these words :-Be .'IC sulycct to evcr:,! human creature for God's sake, u;/utlu:r it be to th" king as excelling. or to Ifovernors as se'lt by him,for the punishment of lvil doers, and for the praise of the good; far o is the will of Goll, that b,-lJ doing well YO'll. )lift!} silence the lKlwr- allce of foolish mtll. The Catholic church bril1 directed by these precepts, the most reuowncd charnpions of the Christian Harne replied to the gentiles when raging agains' them, as enemies of the cm.JÏre, ,,'ith furious hatred; n't arc cClistantl!I pra.1fÏllg, (Tertulli31l in Apolo- get. chap. xJ\.x.) that all the cmp(rors JlIUI} cnjuy long life, quiet govcrn '>>iCllt, a loyal household, a brave arm.lJ, afailhJul senate, all hOllest peo- ple llIul!{Clw"al tranquillity. The Bishops of [lome, successors of Peter, h ve 1I0t ceased. to inculcate this doctrine, especially to mbsion
 * l1'ies, lest any ill-will should be excitcd a:.;ainst the professors of th

Catholic faith, in the minds of those who are f'uemies of the Christian name. We pass over the iI1ustrious proof.<; of this fact preserved in the }-ecord!' of ,mcicnt Roman PontifiS; of which yourseh-es m'e not i Dor. ant. 'Ye think proper, notwithstanding, to remind} ou of a late ad- nlonition of the most Wi e Pope Brnedict XIV. 1\ ho in his regulations for the English missions which arc \ik.f'wise npplicable to you, speaks thus :-The vicars Apostnllc are to take diligent care that llu missiona- ries behat'e an all oaasions with integrity an.d decorum, and thlls be.

Dr. James Butler.

c:\iì

come tJod modes to ot1zers; ami pm'liculady that they be al1li/lY. "I'tarlyto ulebrau the sacred oJIiccs, to com1nlllllcate proper instruction. to the people, and to cOl1ifort the sick with theIr assistanæ; t!tat they by all means avoid public assemblies oj it/le 'lnm. anti taverns................... The J icars till1llse!vcs (lU particularly clwrgcd to punish in sllch mall- fntr as t/ley can, but severelYJ all those 'lvho c/o not speak of the ptlblit govcnLUunt wzth rtspftt. " " England herself can 'fitness the deep-root('d impressions such ad monition5 ha e made on the minch of Catholics. It is well known that in the late war, 'fhich hac.l extcndcd to the greater part of Ameri- Ca, \\ ben most flourish in!; provinces, inhabited, almost by persons se- parated from the Catholic church, had renounced the government of the I\.ing of Great- ritain; the province of Canada alone, fiHed ag it is almost with innumerable Catho1ics, a\thou h artfully tempted. and 110t let forgetful of the oM French govcrnment, remained most failbful in its allegiance to England. Do rou, most excellent Prelates, conver5e frequently on these principles; often remind }"our suffragan Prelatts of them: when preaching to your people, exhort them again and a ain to l101Zollr aU men, to love the brotlterhood, to ltG)- Got!. to honour the Icing. " Those duties of a Chrbtian are to be cherished in every kingdoUl and sbte, but particularly in lour 0\\ n of Great- Britdù aud Ireland, where, from the benevolence of . most wi e king, aud oHler most ex- cellcnt rulers of those kingdoms towards Catholics. uo crnf! and griC\-

us burden is imposed; and Catholics themseh-es experience a mild and gentle gonrnment. If you pursue this line of conduct ummi- mously; if you act in the spiIit of charit}"; it: while} ou direct the people of the Lord you have nothing in view but the 3lYation of souls, adversaries "\\ ill be ashamed (w(' re )f'at it) to calumubte, nd will freely ackno,' ledge that the Catholic faith i:;; of heavenly descent, and calculated ;10t ouly to procure a bles cc\ life, but likf'wise, as St. .\u- gustin observes in his 138th letter, addressed to 1arcellinus. tl) pro. mote the most lastin:,! peace of this earthl}" chy, inasmuch 3S it is the s fest prop and shield of kin doms. Let those who saH (the words are tho e of the holy Doctor) that the 110clrÙle if Christ is hostile to the Ripuhlic, prOl'llce an ar11l.1l of . 1Ich soldiers as the doc rine of Christ has required; ltt them Jiu'llish such inhabitants oj provillces, such hus- bands, srleh wives, 5flCh parents, slich clriltlrw, slich ma.<;ln"s, such ur- ljants, such Lings, slich jllllges,fmall!1 such payers f?f debts ttlul collec- tors ofthc revenue, as the tloct,;ne of Christ evjoins; ami then t"f !J tnay tlare to assfrt that it is inimical to the rl-plLblic : rather let thcl1I1lot he ilate to ackllowkclge that it is, 7vhm practisftl, 0/ great advantage ill the republic. The same holy Doctor, anll all the other fathrrs of the church, with one voice, most dearly deillonstratc by im incible argu- Inents, that the whole uf this salut3ry doctrine cannot exist with per- manent consistencf anti stabHitf; 01' flourbh e'-cept in the catholic

orietr, 'which is spread :tnt'1 rrc::et'v d all OHr the worM hJr comnm."

('ù

lÍíOIl 'C\ itll the See of Rome as a sacred bond of unioll, ùi v ílleIy COil " llcctiox both. From our ver)' high esteem anù affection for }'ou, we earnestly 'fish that the great God may very long presen.e you safe6 Farewell.

Rome, 23 June, 170].

-\s your Lordship's most affectionate brother,

L. C.\RDIN.u ANTONELI.I, Prefect. A. ARCHBISHOP OF ADEN, Secretary/

THE JESUISTS.

The following Canto, taken from the Latin of J. Vaniere, and beauti- fully rendered into English by Arthur Murphy, esq. (latest edition printed at Middletown, Connecticut, for I. Riley, New-York) will present a just and faithful portrait of the Religious OrdeI of the J esuists, and will enable the public to form a very different opinion of this learned and ill-requited sociel}} from that derived from pre- judiced and ill informed writers.

THE BEES.

CA.NTO IV.

T OItN by convulsions while the nations groan., Astræahas not yet resign'd ber throne. A moral race on earth he still maintains, 'Vhere '\\ ith sound policy fair virtue reigLlS. Wish lOU that happy region to survey? Cross the Atlantic; sail to'll< Paraguay.

· Paraguay is a province of South America, bounded by Brazil on the east, and by Peru and Chili on the west. It is sometimes call- ed La Plata, from the river of that name, which rises in Peru, and running a long course, falls into the IJaraguay ne.ar Buenos Ayres, where their unittd stream discharges itself into the Atlantic Ocean. The author of the European Settlements in America (who, Doctor Robertson says, ought 110t to remain unkno,,,n, as his ,,"ork would do honour to any man in England) informs us, that, early in the last c nturYJ the Jesuists represented to the court of Spain, that the em- pire of the gospel might be extended into the most unknown parts of America, and that all those c.ountries might be reduced to his Cath. olic l\lajesty's obedience, without expense, and without force. The remonstrance was listened to with attention; the sphere of the Jesu- its was marked out; an uncontrolable liberty was given to them ,vi thin those limits; and the overnors of the adjacent provinces had orders not to interfere. The Jesuits entered upon the scene of ac-

ionJ and opened thfiir spiritual camp:Ügn. They began by gather- mg togethtr about fifty wandering famili-=s, whom they persuaded to settle, and they united lhem into a little to\"nship. Upon this sligh foundation they bunt a sup rstructUl'f', which has amazed the World. Q

CUIi

l\lark how the people and their manners p}rftse; He paints them best, who paints the tribe of Bee See from the hive h w they transplant their laws, Like Bees, industrious in their country's cause. Theh' fields and pastures know no t:'paratc boundf=. And no litigious fences mark the grounds. For tracts of land no title deeds are shown, And vile ejectments, there are things unknown. No bonds, no mort ages for money lent, And no proud landloftl can distrain for rent. All lies in common ; what their crops produce Is stor'(\ in magazines for public use, An have their pro\"ince in the general toil; These guirle the state and thm:e manure the soil. Some tend the fold their milk-\\hite flocks to sheer; Along the vale the lowing herds to hear. The shepherd plods with joy; th' industrious hind Works at the mill, the ripcn'd corn to grind. 'Vith Vulcan's skill some at the for e attend, To shake the sirkle If or the plough-share bend. True social concord all their actions show, Aud with warm sympathy their bosoms glo"" To every r nk affectien they extend, . rfheir neighbour's interest with their own they blend.

and add 011 so much power, that it has brought great envy and jea- lousy on their society. When they had made a beginning, they la- boured with such indefatigable pains, and with such masterly policy, thctt, by dtgrees, they mulliñed the minEls of the most savage na- tions ; fixed the most rambling, and attracted the most averse to got'- erl1ment. Thev prevailed upon thousands of various dispersed tribes ot people to embrace their r('ligion, and submit to their government. '\Then they bad tiubmitted, the JesuÏ5ts left nothing undone, that could induce them to remain in subjer.tion, or that could tend to increase their num er. It is said, that from such inconsiderable beginnings, theil" subjec:s, severa) years ago, amoumed to three hundred thousand families. They accomplished a most extraordinary conquest over the bodies hnd min s of &0 many people, without arms or violence, and differently from' he methods of all other conquests; not by cut- ting off a lar e part of the inhabitants, to secure the fest, but by filll tiplying the people, '....hilst they extended their territory. E'l.roJz al1 ScUlemrnts, Vol. 11. /1. 27'8. .. The Indians, under the Jesuists, lived in towns; they wet'e regu- larly clad; they laboured in agriculture; they e erci ed manufac- tures. Ibid. V'll. II. fl. 280.

c:x...,m I t Wbile the swim toils abroad, with anxious cale They' iew hill cottage, aud the works repair. The swain at night finds all defects rerlress'd, And with his door unlock'd sihks careless down to reEt. Of sovereign s\\ay the laws no system kuow; The chiefs to wisdom all their influence owe. To their age counsels. men obedience pay, And walk secure 'v here virtue leads the way. No code of laws they want, no statesman'sart; Their law is grav'd by nature on the heart. Whi1e private wealth no indi" iduals 1101<1, They fLel110 love of ill-persuading gold. The generous minrl pale envy never stings; Their only strife from emulation springs. Though here the :roung may bridle their desire!; By that best rule, th' example of their sires; Yet still their mindÞ to polish and l'efine, And give the grace that bids each action shine, They call the m8sters of each liberal art, Men, who can truly philosophy impart; Who teach the ruJes, which lon the t t bave stood, Of that best science to be wisp and good. The chiefs elected by the public voice By wisdom s:rive to justify the choice; \\ hile the inhabitants for work design'd, Practise the arts that form the laboring hind. No vain pre-eminence of l'ank they know,
 * No Lords, no Commoners, nor high, nor low.

The ploughmai"s industry, the soldier's fame To praise and honoul' give an equal cI im. Though Ceres spreads her gifts with la,-ish hand, And peace her olin> bn:mch waves o'er the land: Though g-rim-eyed war hlceps in his iron cave, And their foes dread them, for they know them brave- Y tt this wise people watchful of ahrms Arc vi lant anrl prompt to rise in arms. But till they joy in biddiu:! di5Cord cease, Ready for war, yet readif'r far for peace; In that firm attitude their state protect, From insuJt safe, wbile valour gains n;:3t>ect.

if: The r.ountry of Para uay is divided into fort>".s8ven districts: in each mission a Jtsuit presidt:s :0 chief: the magistrates are al- ways Indians, dlcted by the people, and approved by the presiding Jfsuit. Nothin can equal the obedience of the people of the seve- }'al mis ions, except their contentment under them. Er roftcan Settlement., Vol. JI. þ. 283.

cxxiy

To tI'ain their tnmps when leisure can afror The farmers quit the plough-share for the 6worrl On sacred days when wafted to the skies Their h} mni and pealing orgsnst cease to rise;: '''hen their devotion endli its pious strain, The volunteers embodied seek the plain. In martial order all they move along, '1'0 vieW their dicipline the people throng, Admiring aze, with military pride As now their ranka they close, and now divide; Now point their javelins, and now aim the bnce, And with dissemhled ra e retreat, ad-vancc; In varioull evolutions skill display, Anrl give a battle in their mimic fray. Thl' Spaniard, o'er that clime ,,,ho hoMs his reign, Wen ku,,,s their Talonr in tit' embattled plain : And latel} saw, 'fhen he their aid l'equir'd, The bands with warlike ("J).1ulation fir'rl ; Saw them spring up, like Cadmus' eartb-boro CPeW, When from the sod an iron bRrvest grew; . Saw them performing wonders in the field, l\fo\f do" 0 the l"aob aud force the fOf'to J ield. }'or feat8 like tbese no honours they òemand, "But home return and take tlte spade in hanct Her heroes Rome to demi-gods may raise, And tuneful ports celebrate thcir praise; Sin their dictators chosen from the plough Anrl \reavé immortal chaplets for their brow; Ten, 'while tllcir battles CincÏuIlatu5 fought, How the wise seuate in his absence thought. His house aud farm requir'd the ablest hand , To give the victor his "ell cultur'd lauds. They were his farmers; for his private gain Tended his flock, his plants, his household train. At Parß ay no separate lands" e see, But for the public all is held in fee. They Jo,-c the warrior, in his country.s caU3e \Yho draws his s\\ord for freeJom and the laws.

'* The Inòians are instructed in tht' m!litary line with the most ex. act discipli(le, and can raise sixty thou tlnrl meT! well armed. Euro/Z,an Settlements, 71'0[. II. ft. 280. t Their churches al'(, particulórlv r:md, and richly adorned; and service il1 them is performed with an the soJromnity and magnifi. cence of a c.athedral. Ihid. J'-ol II. ft. 282.

c'X;Xv

TIle warriors there the scythe or js"elin wield\ Soldiers in caolp and laborers irr- tlte field. Yet tbc}"'ve no property,* no private claim, No Sabine farm, "here they enjoy thf'ir fame. I1ear this, Old Rome, and blwb, however late, For your Patrici811 and Equestrian state. 'Vhene'er the seSSOl1S rou h with storms appears, nis private loss no individual fears. When torrents from the hills rush down amain, And meditate destruction to the grain. Alarm'd for aU. he bearï; the deluge roar, F eels for the state, and thinks of self no more. Not rich, when round him ripen'd crops appear; Not poor, 'f hen lost the promise of the year; Eut still. Jet fortune smile or pro\-e unkind, He holds the even balancc of his mind. Of Europe, and her states anrl various ways, In happy igl10rance they pass their da} s; Content against their foes to make a stand, And chase all sects. all atheists from the land. Around their hal'bour:,t cottages they keep, Büilt on the margin of the brawling deep; There \fith kind aid the mariners supply, Dut further hospita1ily deny.

oJ!: Elich man's labour is allotted to him in propðrtion tohii strength) or his ski1J in the profession wbich he exercises. The product i brought faithfulIy into the public m3 azines, from which he is again supplied with all things that the managers judge to be expedient for the sustenance of himself and tamily. All necessarif'& are dis- tributed reJ;ularly twice a wt: k, and the magazints always cQntain such a stock of provisions and goods of every kind, as to ansW r not only the ordinary exigencies. but to pl'oYide <.gainst a lime of scarci- tr, or for those whom accidents, age, or infirmÍlies have disqualified. for labour. Eurofttan S t-tl mnzt8, rol. II. ft. 282. t Tbe Jesuits 8:oe said to ue eXh'emeiy str c.t in presel'ving the pri- vilege of keeping all strangers from arnang5t them. If any such should by accidt'nt, or in his journey arrive in the country of the mis- sions, he is immediately c3nied to the Presbytery, where he is trea- ted, for a day or two at mst, with graM hOl\pi.ta1ity, but regarded with no less circumspection. The curiosities ot tLe p1ace are show- ed him in company with the Jesuit, and he can have no private con- versation with any of the natives. II) a reasonable time, he is civiJIy dismissed with a guard to conduct him to the next district, without expe..se, where he is treated in the same manner, until he is out of the country of the l\{is ion<;. Ibid. rol. II. ft. 2R4.

GXXvi

His road no travêller must there pursue, 'Their laws, their manners, and their towns to yiew. 'Vhile thus they live, unknowing, and unknown, Free from the ills that make poor mortals groan; Fame, with whom fictions more than truth prevail) To EurolJe flies, and spreads ber wonderous tail; Tclls how Iguatius. sons,. in every crime Gro"," bold, are tyrants Îu the western clime; U surperß, and apoi;tates from their God, 'Vho rule the Indians, ith an iron rod. Europe believes ,rhat I,'ing rurnouTS say, T ough suffering heuce herself beneath the rising day; DrIven from Japan lIef sou!'!, how great her 1035, " hilc the Batavians trample on the cross, 'Through base apo.tacy their station hold In ever}' port, aud tmet their God for gold. At Paraguay no colonies you'll find Combin'd to plunder, and oppress mankind; Nor laws, nor men allow despotic sway, But thee, FAIR VIRTt"E! thee aU ranks obey.

.. l\Iany have represented the conduct of the Jesuits in this mission in a very bad light; but their reflections are not at all supported by the facts, upon which they buifd them. To judge property of the service th<;y have done their people, we must not consider them on a paranel with the flourishing nations of Europe, but as compared with their neighbours, the savages of South America, or with the state of those Indians, who g-roan undt:r the Spanish yoke. Consid- erillg' the nlattci' in this, which is the true 1ightt it WIH appe.11', that human society is infinitely obliged to the Jesuits, for adding three hundred thousand families in a well regulated oommumty, in the room of a few vaga ond untaught savag s, whom they founrl in the beginning of their mission. And indeed it can $c.arce be conceived that the government had not 50mø vtry extraordinary perfection, which had a principle of incr a::;e within itself; which drew others to unite themselves to the old stock, and which continued, for so ma- ny years, to shoot out in a luxuriance of new branches. Nor can we, by any me'ms, blarne a system, which produced such salutary effects, and which has found that difficult, but happy way, th t grand c1eside- p"tum in polirics, of uniting a perfect suhjection to at' entire content and satisfaction of the people. Thi great and encrous principle it is to he wished were studied with more attention by us, who content ourselves with railing at the dihgence of an adversary, which, when rounded on moral rectitude, we should rather praise and imit.a p. ; and who, in our own affairs, seldom think of using other instrument. than force and money. Euroftum. Scttlemcnt8, Yol.II.ll. 285.

cxxçü

Benighted long, aU sacred truth unknown, "With savage herds, them elv('s as sava e growu, The natives roam'd no duty understood, Fiel"('e, naked, wild, mere tenants of the wood, Till late instructed in the Christian lore They hail theh. God, fall prostrate and adore. Fair peace and moral bus thry now maintain, And harmony and virtue rollnd them reign. These :lrts Ignatius' sons, l!< these pious deeds Spring from Jour zeal-:rour mission 'hus succeed!!!. You draw th' uotutor'd Indians from their den, TIlf' truth impart, and mould them into men. 'I'o God you ?;ive, ,,"bat his OWN SON design'd, 'When 00 the cro s to bitter pangs resign'd, He dif'd in ag-ony for all mankiDd. Y uur duty done, you seek t no worldly store; Your conscience pays ,,-ou and you ask no more. Thrice happy they o'er whom you thus preside, Reclaim from error, and to virtue guide;

· Vaniere, it ffi2Y m- s.lid gi,"es in this place, with partiality to bis own ordu, a high.flown panegyric on the mi5sionaries of Para- iuay. But when we have seen him, in the whole tenor of the fore:- i'oin notes, supported by the able and welJ-informed author of the

ettl meilts in America, it must be aHowed, that our Poet does not exceed the bounds of truth, and pays a tribute of applause wh6:re it was ju tly due. t The cx[raord:nary, and, indeed, wonderful comtT'OnWeallh. established by the Jesuists, must have been conducted with wisdom, virtue, and benevolence, since it continued flourishing and increasing rnore than a centtH'y and a heIr, up to the time of its ðissolution in the year 1167, when that glorious fabric vanished in a day. It ap- ,ear'S th"t if) the year 1757, by a convention between Spain and Por- tugal, part of the territor)" or P8.r8 l1ay was assigned to the bttfr; but the Indians, who occupied the ceded country, refused to be trans- ferred from one h3nd to another, like an herd of cattle, without their own consent. A fierce battle ensued, and the nativcs were defeated by well disciplined European troops. From that time, the Jesuii's. were beheld with a jealous eye by the Spanish court, and, at length, in 1767, they wel'e seiz d by order of the King of Sp:lin, and sent out of Amer.jca, leaving the Indians to experience for the future tIle I'igouri of Spanish tyranny, instead of that mild and equitable go. \'crnment, which had for a length of time preserved peace and virtue., and, by consequence, public happiness. The present writer h:ls been assiduous in collectinJ:; the 1101es, be- cause Vaniere, who has proved himself the Histori.m of the ße;es.

exxvfu

Who ta ht by .tou, thetr industry employ, And in the pu.blic good their own enjoy: Who to their neighbours sacrifice their case, And take their model from the REALM Oli' ßEE5.

will also appear to be the faithful Histerian of Paraguay; a subject more connected with the Bees than Virgil's Story of Orpheus and Euridice.

[Thus far the translator and author of the notes on Vaniere. If the author had carl'Ïed his researches a little further, he would have discovered the true cause of the suppression of the Jesuists, to spring not so much from the jealousy of the Spanish court, as from the in- trigues of the adel'ts of Antichristian Philosophy, who saw in this so. dety, from their assiduity in training up youth, &c. to virtue and science, the greatest obstacle to their impious systems, and views. For more inronnation on this subject, consult Barruel's History of Jac.obinism. vol. 1. page 43. The memoirs of the l\1:a,oquio; ofPom- bal, 2 vols. 8 vo. Louis XVI. rlethl'One avant d'etre Roi par l..'ab. Proyard. Tile Triumph of Religion, and the two Sisters, Pdris and Vienna; lately published at Vienna, in Austria. Also Hist. Socit. J. Actoribus, OrJandino, Sacbino, Juventio, &c. B