Of mental-reservations justified by their chief (*)Authors, who were no Jesuits, instances might be given in abundance; for example, if (a)a man will have his Wife swear, that she is not an Adulteress, though she be guilty, she may deny it with an Oath, and swear what is false in his sense, if it be true in her own, by the addition of some secret reserve. (b)If a man swear to give another a Hundred Crowns, with this inward reserve, If he owe it him: he sins not, though he swears false, in the sense of him, who is to have the money. (c)A Woman who because of some secret impediment will not live with her Husband, and is Excommunicated for it, she at the point of death, that she may be absolved; being put to swear, that if she recover, she will live with him, may swear it absolutely in show, with this conditional reserve, If she may do it without sin; yet if she do it not, she is not forsworn. So Sylvester and Navarre, according to the determination ⟨p. 319⟩of Aquinas, and Jo. Major. He (d)that in the time of Pestilence comes to a Town, where the Officers, before they admit him, will have him swear, that he came from no infected place; though it be not true, he may swear it, if he think himself have got no infection. If (e)you have not a mind, or are not bound to give or lend any thing in your possession, which another desires; you may lawfully swear that you have it not, with this inward reserve, That you have it not, to give or lend. (f)If a man threaten to kill a Confessor, if he will not tell him, whether his Wife hath confessed her Adultery to him; though she have confessed it to him, yet the Priest may absolutely say, and swear, that she has not; with this reserve, So that he should be bound to tell it. (g)He that is examined upon Oath, concerning crimes that he knows, and swears to declare all he knows; may concerning some that are not known to others, though they be to him; swear without Perjury, that he knows them not, with this secret reserve, He knows not to discover them.
Of mental-reservations justified by their chief (*)Authors, who were no Jesuits, instances might be given in abundance; for example, if (a)a man will have his Wife swear, that she is not an Adulteress, though she be guilty, she may deny it with an Oath, and swear what is false in his sense, if it be true in her own, by the addition of some secret reserve. (b)If a man swear to give another a Hundred Crowns, with this inward reserve, If he owe it him: he sins not, though he swears false, in the sense of him, who is to have the money. (c)A Woman who because of some secret impediment will not live with her Husband, and is Excommunicated for it, she at the point of death, that she may be absolved; being put to swear, that if she recover, she will live with him, may swear it absolutely in shew, with this conditional reserve, If she may do it without sin; yet if she do it not, she is not forsworn. So Sylvester and Navar, according to the determination ⟨p. 319⟩of Aquinas, and Jo. Major. He (d)that in the time of Pestilence comes to a Town, where the Officers, before they admit him, will have him swear, that he came from no infected place; though it be not true, he may swear it, if he think himself have got no infection. If (e)you have not a mind, or are not bound to give or lend any thing in your possession, which another desires; you may lawfully swear that you have it not, with this inward reserve, That you have it not, to give or lend. (f)If a man threaten to kill a Confessor, if he will not tell him, whether his Wife hath confessed her Adultery to him; though she have confessed it to him, yet the Priest may absolutely say, and swear, that she has not; with this reserve, So that he should be bound to tell it. (g)He that is examined upon Oath, concerning crimes that he knows, and swears to declare all he knows; may concerning some that are not known to others, though they be to him; swear without Perjury, that he knows them not, with this secret reserve, He knows not to discover them.
- (*)Navarre, Sylvest, Angelus, Lud. Lopez. Tabien. Armilla, &c. And among those who seem to dislike it. Soto fatetur licitum esse alicui jurare, se nescire quod revelare non potest, aut non tenetur; subintelligendo, nescio ut tibi dicam—quando judex non potest legitime interrogare de occultis recte illi responderi, non feci, subintelligendo publice, &c. Et ita etiam concessit aperte Cajetan. & Adrian. in Suar. ibid. cap. 10. n. art. 3.Navar, Sylvest, Angelus, Lud. Lopez. Tabien. Armilla, &c. And among those who seem to dislike it. Soto fatetur licitum esse alicui jurare, se nescire quod revelare non potest, aut non tenetur; subintelligendo, nescio ut tibi dicam—quando judex non potest legitime interrogare de occultis recte illi responderi, non feci, subintelligendo publice, &c. Et ita etiam concessit aperte Cajetan. & Adrian. in Suar. ibid. cap. 10. n. art. 3.
- (a)Sylvest. sum. v. jurament. 3. n. 2. Navarre. cap. 12. n. 18. quia id injuste agit, potest illa jurare, quod secundum suam intentionem verum est, falsum autem juxta mariti mentem & Angelus. v. juram. 4. n. 1. Nam cum talis inique a tali confessionem exigat, poterit jurare secundum suam intentionem, quod verum est: licet secundum intellectum audientis sic falsum, secundum Rodo. quem sequitur Astensis:Sylvest. sum. v. jurament. 3. n. 2. Navar. cap. 12. n. 18. quia id injuste agit, potest illa jurare, quod secundum suam intentionem verum est, falsum autem juxta mariti mentem & Angelus. v. juram. 4. n. 1. Nam cum talis inique a tali confessionem exigat, poterit jurare secundum suam intentionem, quod verum est: licet secundum intellectum audientis sic falsum, secundum Rodo. quem sequitur Astensis:
- (b)Si maligno sensu intendebat facere, quod jurabat, licet non in sensu ejus, cui jurabat: ut quia juravit dare centum, subaudiendo in animo suo, si debuero: tunc non peccat: quia non tenetur jurare secundum intentionem ejus, cum non sit suus judex: sed utitur simulatione licita, quae licet: ut in c. utilem 2. 2. q. 2. Sylvest. ibid. 4. n. 7. Navarre. c. 12. n. 14. Neque peccaret jurando, neque etiam non implendo amplius quam ipse intellexit; quoniam non tenetur aliquis jurare secundum intentionem illius qui perperam ipsum ad jurandum cogit.Si maligno sensu intendebat facere, quod jurabat, licet non in sensu ejus, cui jurabat: ut quia juravit dare centum, subaudiendo in animo suo, si debuero: tunc non peccat: quia non tenetur jurare secundum intentionem ejus, cum non sit suus judex: sed utitur simulatione licita, quae licet: ut in c. utilem 2. 2. q. 2. Sylvest. ibid. 4. n. 7. Navar. c. 12. n. 14. Neque peccaret jurando, neque etiam non implendo amplius quam ipse intellexit; quoniam non tenetur aliquis jurare secundum intentionem illius qui perperam ipsum ad jurandum cogit.
