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(n)Secondly, when a man intends to swear, but intends not to be obliged by swearing; there he is not obliged, but may lawfully break it, as the ancienter Casuists and School-Doctors generally determine.
(n)Secondly, when a man intends to swear, but intends not to be obliged by swearing; there he is not obliged, but may lawfully break it, as the antienter Casuists and School-Doctors generally determine.
(n)Tenet S. Bonaventura quod universaliter non obligat juramentum si jurans animum se obligandi non habuit. Sylvest. jurament. 4. n. 19. vid. plures ibid. u. 7. & n. 17. Nec qui sic jurat, peccat. Angelus v. juram. 5. n. 9. & Sylvest. v. juram. 4. n. 7. Qui jurat cum intentione non se obligandi, non obligatur ex vi juramenti. Ita—D. Thom. Bonaventur. Scotus. Gabriel. Richard. Sylvest. Angelus Medina. Gutierrez. Navarre. Gloss. Felinus. Abbas. Jo. Andr. in Suar. l. 2. de juram. c. 7. n. 9. Hos & alios vid. in Bonacina. Tom. 2. disp. 4. q. 1. punct. 7. n. 3.Tenet S. Bonaventura quod universaliter non obligat juramentum si jurans animum se obligandi non habuit. Sylvest. jurament. 4. n. 19. vid. plures ibid. u. 7. & n. 17. Nec qui sic jurat, peccat. Angelus v. juram. 5. n. 9. & Sylvest. v. juram. 4. n. 7. Qui jurat cum intentione non se obligandi, non obligatur ex vi juramenti. Ita—D. Thom. Bonaventur. Scotus. Gabriel. Richard. Sylvest. Angelus Medina. Gutierrez. Navar. Gloss. Felinus. Abbas. Jo. Andr. in Suar. l. 2. de juram. c. 7. n. 9. Hos & alios vid. in Bonacina. Tom. 2. disp. 4. q. 1. punct. 7. n. 3.
There is real evidence for the practice of this from the Conclave: for, as their excellent Historian tells us, (*)in the Vacancies of the Sea the Cardinals use to compose certain capitulations, to reform the Papal Government, which all swear to perform, if they be assumed to the Popedom; though it appear by all precedent examples, that every one sweareth with a mind not to keep them, in case he shall be Pope. For so soon as he is Elected, he saith, h ould not bind himself, and that he is at liberty by gaining the Papacy. This was remarkably exemplified in Paul 4. who resolving to break one of the Capitulations he was sworn to a little before, and some of the Cardinals being ready to put him in mind of his Oath, he declared in Consistory,
that it is an Article of Faith that the Pope cannot be bound, and much less can bind himself, that to say otherwise was a manifest Heresy: and threatened the Inquisition to any that hold it. It seems it is damnable error, deserving something like a Hell upon Earth, to believe that his Holiness intends to be honest, whatever he swear. It's true, every one has not the privilege of a Pope, to have it counted Heresy for any to believe that he can be bound to keep any Oaths, or ever to intend it: but all have this liberty by their Doctrine, that they may take Oaths without any intention to keep them; and are not bound to keep them, if they do not intend it.
There is real evidence for the practice of this from the Conclave: for, as their excellent Historian tells us, (*)in the Vacancies of the Sea the Cardinals use to compose certain capitulations, to reform the Papal Government, which all swear to perform, if they be assumed to the Popedom; though it appear by all precedent examples, that every one sweareth with a mind not to keep them, in case he shall be Pope. For so soon as he is Elected, he saith, h••ould not bind himself, and that he is at liberty by gaining the Papacy. This was remarkably exemplified in Paul 4. who resolving to break one of the Capitulations he was sworn to a little before, and some of the Cardinals being ready to put him in mind of his Oath, he declared in Consistory, (†)that it is an Article of Faith that the Pope cannot be bound, and much less can bind himself, that to say otherwise was a manifest Heresie: and threatned the Inquisition to any that hold it. It seems it is damnable error, deserving something like a Hell upon Earth, to believe that his Holiness intends to be honest, whatever he swear. It's true, every one has not the priviledg of a Pope, to have it counted Haeresie for any to believe that he can be bound to keep any Oaths, or ever to intend it: but all have this liberty by their Doctrine, that they may take Oaths without any intention to keep them; and are not bound to keep them, if they do not intend it.
Thirdly, to elude an Oath, and deceive those who give it, or are concerned in it, by equivocation, or other artifice of words; yea, or ⟨p. 316⟩by mental Reservation, is no sin: and that in (o)many cases. As when a man has no mind to swear, and thinks he is not bound to do it; when he is drawn to it by force, or induced by fear, or brought to it by importunity; or when the Judge is incompetent (as they count all that are Heretics or Excommunicate: and that have not lawful jurisdiction); or if the Judges are competent, yet when (*)they proceed not juridically. In these and other cases; either (*)for avoiding harm, or inconvenience; or when it may be for their advantage in any respect, they think it lawful to use these methods of deceit in swearing. Indeed the reason they give to justify the practice •n these cases, will make it as lawful in any other: for they say what is so sworn is true, in their own sense, though not in the sense of the hearers; and so they will have it in strictness to be neither Lie nor Perjury, nor any mortal sin, even when there is no honest, nor reasonable occasion, for swearing or promising, in this fraudulent manner.
Thirdly, to elude an Oath, and deceive those who give it, or are concerned in it, by aequivocation, or other artifice of words; yea, or ⟨p. 316⟩by mental Reservation, is no sin: and that in (o)many cases. As when a man has no mind to swear, and thinks he is not bound to do it; when he is drawn to it by force, or induced by fear, or brought to it by importunity; or when the Judge is incompetent (as they count all that are Hereticks or Excommunicate: and that have not lawful jurisdiction); or if the Judges are competent, yet when (*)they proceed not juridically. In these and other cases; either (*)for avoiding harm, or inconvenience; or when it may be for their advantage in any respect, they think it lawful to use these methods of deceit in swearing. Indeed the reason they give to justifie the practice •n these cases, will make it as lawful in any other: for they say what is so sworn is true, in their own sense, though not in the sense of the hearers; and so they will have it in strictness to be neither Lie nor Perjury, nor any mortal sin, even when there is no honest, nor reasonable occasion, for swearing or promising, in this fraudulent manner.
(o)Si judex juramentum exigens talis (competens) non fuerit, vel esto quod sit competens, interrogat tamen contra juris ordinem, vel est alius homo privatus, qui per metum aut importunitatem juramentum extorquet, tunc jurare poterit quod secundum suam mentem est verum, falsum autem secundum mentem alterius, cui exhibit juramentum. Sicuti fecisse B. Franciscum ferunt, qui rogatus qua perrexisset quidam bomicida, respondit, non transisse illac, intelligens, per illas manicas—Cum Adriano qui sic inique interrogatur, potest optime respondere, quod nescit, intelligendo, non eo modo se scire, quo illud dicere teneatur. Navarre. cap. 12. n. 8.Si judex juramentum exigens talis (competens) non fuerit, vel esto quod sit competens, interrogat tamen contra juris ordinem, vel est alius homo privatus, qui per metum aut importunitatem juramentum extorquet, tunc jurare poterit quod secundum suam mentem est verum, falsum autem secundum mentem alterius, cui exhibit juramentum. Sicuti fecisse B. Franciscum ferunt, qui rogatus qua perrexisset quidam bomicida, respondit, non transisse illac, intelligens, per illas manicas—Cum Adriano qui sic inique interrogatur, potest optime respondere, quod nescit, intelligendo, non eo modo se scire, quo illud dicere teneatur. Navar. cap. 12. n. 8.
(*)Vid Navarre. c 18. n. 57.Vid Navar. c 18. n. 57.
(*)Qui alio sensu ju at quam alter intelligat, non peccat, modo justam habeat causam ita jurandi—justa autem causa utendi his verbis (amphibologicis) est necessitas aut utilitas corporis, aut honoris, aut rerum familiarium—Ex quo sequitur, non esse illicitum uti verbis amphibologicis, addendo restrictionem aliquam in meant retentam, quoties aliquid incommodi, vel injuriae nobis impendet loquendo ad mentem interrogantis, addest en•m justa causa ita loquendi. Bonacin. Tom. 2. disp. 4. quest. 1. punct. 12. n. 2. 3, 4. Ejusmodi autem aequivocationibus uti, addito etiam juramento absque causa, non est peccatum mortale, modo ne id fiat in fraudem tertij, aut in judicio, dumb judex juridice interrogat. Ibid. vid. Dian. v. aequivoc. Videtur esse communis sententia juramentum simulatum, id est, cum justa & prudenti amphibologia factum, non obligare. D. Tho. Cajetan. Soto. Abbas. Tabiena. Covarruv•as. Navarre. in Suar. l. 2. de juram. cap. 8. n. 2. Juramentum autem dolosum cum injustitia obligare—sed tantum secundum proprium sensum. Scotus, Bonavent. Richard. Gabriel. Sylvest. Angelus. Antoninus. ibid. n. 5.Qui alio sensu ju at quam alter intelligat, non peccat, modo justam habeat causam ita jurandi—justa autem causa utendi his verbis (amphibologicis) est necessitas aut utilitas corporis, aut honoris, aut rerum familiarium—Ex quo sequitur, non esse illicitum uti verbis amphibologicis, addendo restrictionem aliquam in mente retentam, quoties aliquid incommodi, vel injuriae nobis impendet loquendo ad mentem interrogantis, adest enm justa causa ita loquendi. Bonacin. Tom. 2. disp. 4. quest. 1. punct. 12. n. 2. 3, 4. Ejusmodi autem aequivocationibus uti, addito etiam juramento absque causa, non est peccatum mortale, modo ne id fiat in fraudem tertij, aut in judicio, dum judex juridice interrogat. Ibid. vid. Dian. v. aequivoc. Videtur esse communis sententia juramentum simulatum, id est, cum justa & prudenti amphibologia factum, non obligare. D. Tho. Cajetan. Soto. Abbas. Tabiena. Covarruvas. Navar. in Suar. l. 2. de juram. cap. 8. n. 2. Juramentum autem dolosum cum injustitia obligare—sed tantum secundum proprium sensum. Scotus, Bonavent. Richard. Gabriel. Sylvest. Angelus. Antoninus. ibid. n. 5.
And that you may perceive the Jesuits are not the prime Masters of these Arts; I shall instance in other Authors, who were either before them, or not addicted to the Society.
For equivocations, or other slight of words in swearing, they are justified by (*)multitudes of their Writers, viz. Sairus after Aquinas, and their Gloss, Paludanus, Gabriel, Johannes Major, Adrian, Hen. Gandavensis, Angelus, Sylvester, Soto, &c. The instances which Soto gives, may serve for a taste; as for example (p)when one instead of saying I swear, uses a word which signifies another thing: but so pronounces it as the difference is not discerned. Or if the (q)word GOD in the language wherein the Oath is taken, may signify some other thing; he that swears may mean something else by it, when he that gives the Oath, understands the God of Heaven. (r)Or if the Oath be formed in this order, I swear to you to pay so much Money, he that swears may mean not to pay him, but some other: when he to whom the Oath is made, understands it, intended for himself. Such an (s)Oath says Soto is true, just, prudent, because then simulation is profitable; having said before (t)that it is lawful, with such fraud to deceive one who forces him to swear, since he who puts him to swear, hath no right to do it; and these forementioned, are the very same instances which Sanchez (u)uses; by which we see, the Jesuit was not the inventor hereof, but learned them of a Dominican.
For aequivocations, or other slight of words in swearing, they are justified by (*)multitudes of their Writers, viz. Sairus after Aquinas, and their Glosse, Paludanus, Gabriel, Johannes Major, Adrian, Hen. Gandavensis, Angelus, Sylvester, Soto, &c. The instances which Soto gives, may serve for a tast; as for example (p)when one instead of saying I swear, uses a word which signifies another thing: but so pronounces it as the difference is not discerned. Or if the (q)word GOD in the language wherein the Oath is taken, may signifie some other thing; he that swears may mean something else by it, when he that gives the Oath, understands the God of Heaven. (r)Or if the Oath be formed in this order, I swear to you to pay so much Mony, he that swears may mean not to pay him, but some other: when he to whom the Oath is made, understands it, intended for himself. Such an (s)Oath sayes Soto is true, just, prudent, because then simulation is profitable; having said before (t)that it is lawful, with such fraud to deceive one who forces him to swear, since he who puts him to swear, hath no right to do it; and these forementioned, are the very same instances which Sanchez (u)uses; by which we see, the Jesuit was not the inventor hereof, but learn'd them of a Dominican.
(*)Licet jurare cum aequivocatione. D. Tho. Scotus, Paludanus, Richard. Major. Adrian. Navarre. Covarruvias. Sylvest. Gloss. Ibid. l. 3. cap. 9.Licet jurare cum aequivocatione. D. Tho. Scotus, Paludanus, Richard. Major. Adrian. Navar. Covarruvias. Sylvest. Gloss. Ibid. l. 3. cap. 9.
(p)Si injurius ille nequam sic rogaret, juras mihi tantam numerare pecuniam? & alter responderet, sic uro (absque j.) non esset peccatum mortale, sed simplex mendacium: quia forte tunc nihil ureret. Soto. ibid. p. 263.
(q)Item si Dei nomen lingua illa qua sit juratio, diversum quoque aliud habuisset significatum, liceret illud intelligendo, dicere testis mihi est Deus, quamvis alter Deum coeli intelligeret. ibid.
(r)Aut si altero interrogante, juras mihi numerare pecuniam? alter responderet, tibi juro numerare, non esset sensus, numerare tibi, hoc est solvere aut tradere, sed tibi juro apud me pecuniam recensere, quandoquidem numerare utrumque significat.
(s)Quare tale juramentum esset verum, justum & prudens quoniam tunc simulatio (quoniam absque falsitate fieret) utilis esset.
(t)Quando vero vi illata petitur, licitum est eafraude petentem deludere. Ibid. Similis est aequivocatio quam in verbo est ponit Glossa in cap. neque. 2. 2. q. 2. & quam in nomine sororis notavit Glossa in c. ult 2. 2. q. 2.
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.
If one promise to another, or contract with a Woman outwardly, without an intention of promising; and is demanded of a Judge upon Oath, whether he promised or contracted: he may plainly deny ⟨p. 320⟩it, because he may have this sense, I promised not with a promise obliging me, and he has just cause so to answer, because since he cannot otherwise prove his want of intention, he will be condemned to pay what he owes not, or to cohabit with her, whom he truly contracted not(*). A witness, either when he is not interrogated juridically, or when he has good occasion not to bear witness in judgment, as if he fear great damage to himself thereby; may answer, that he knows not, or saw it not, or the like, with a mental Reservation(*). He that out of necessity, or for any profit, offers himself to swear of his own accord, may therein use such fallacy(*). He that hath good occasion to hide his goods, lest they should be seized by his creditors, being for his livelihood, and to keep him from beggary; may swear that he has not hid any, understanding not any that he could not hide, or any that he is bound to discover. The same may the witnesses swear for him (viz. That he hid none) knowing that he hid them lawfully(*). Such fallacious Oaths may be used also in Contracts and Bargaining. Those who cannot otherwise get a just price of the buyer, may swear, in a sense that he perceives not, that the Commodity cost them so much(*).
If one promise to another, or contract with a Woman outwardly, without an intention of promising; and is demanded of a Judge upon Oath, whether he promised or contracted: he may plainly deny ⟨p. 320⟩it, because he may have this sense, I promised not with a promise obligeing me, and he has just cause so to answer, because since he cannot otherwise prove his want of intention, he will be condemned to pay what he owes not, or to cohabit with her, whom he truly contracted not(*). A witness, either when he is not interrogated juridically, or when he has good occasion not to bear witness in judgment, as if he fear great damage to himself thereby; may answer, that he knows not, or saw it not, or the like, with a mental Reservation(*). He that out of necessity, or for any profit, offers himself to swear of his own accord, may therein use such fallacy(*). He that hath good occasion to hide his goods, lest they should be seized by his creditors, being for his livelihood, and to keep him from beggery; may swear that he has not hid any, understanding not any that he could not hide, or any that he is bound to discover. The same may the witnesses swear for him (viz. That he hid none) knowing that he hid them lawfully(*). Such fallacious Oaths may be used also in Contracts and Bargaining. Those who cannot otherwise get a just price of the buyer, may swear, in a sense that he perceives not, that the Commodity cost them so much(*).
(*)So Navarre. in cap. humanae aures. 2. 2. q. 5. q. 1. & 2. alleging for this Doctrine. Aquinas. Scotus. Paludanus. Richard. Major. Adrian. and others, vid. Suar. l. 3. de Juram. cap. 9. n. 5.So Navar. in cap. humanae aures. 2. 2. q. 5. q. 1. & 2. alledging for this Doctrine. Aquinas. Scotus. Paludanus. Richard. Major. Adrian. and others, vid. Suar. l. 3. de Juram. cap. 9. n. 5.
Here are a few instances, but they have rules (some of them are premised) which Licence it in cases innumerable: so that it may be a common practice, and they may use it, upon any occasion which they think reasonable.
These things considered, with others Authorized among them. I cannot devise what course can be taken to bind those who follow their doctrine; or to get from them the least security by an Oath. They have declared, that if you put an Oath upon them, which they think, ought not to be imposed, they may lawfully deceive you if they can, and put a cheat upon you, even in a Solemn Oath. Contrive then what Oath you will for your security, they will take it, so far as you ⟨p. 321⟩can judge, as much as any man in the world takes an Oath; yet if they did not intend to Swear (which none can tell but themselves) by taking this Oath; they have not Sworn, they are not obliged. Or if they had a mind to swear, as well as to make you think so, yet if they did not intend to oblige themselves thereby, their Conscience by their principles is free, the Oath does not touch them; or if they have a mind to be obliged by that Oath, yet need they not bind themselves to that, it was designed for; but to quite another thing: for they may swear in a sense, vastly distant from what you intend or imagine; and thus they are taught to do: and it is practicable, either by the fly and undiscerned change of one letter in a word, as they may pronounce it, which will turn the sense as far from yours, as burning is from swearing, which is plain in a former instance. Or else by the ambiguousness of some word in the Oath, affording another sense than you are aware of; they may fix upon that, and leave yours to your self, and so bind themselves to nothing you are concerned for, when you think you have them fast bound to all. Or if such care be taken, that in the Oath there be no ambiguous terms, which may give them the advantage to delude you by a sense foreign to your intendment; yet, do what you can, they may put forth a sense upon it by a mental restriction; for thereby adding something reserved in their mind to what is expressed in the Oath; the sense is quite changed, and the thing they swear is nothing at all, of what you would have sworn.
These things considered, with others Authorized among them. I cannot devise what course can be taken to bind those who follow their doctrine; or to get from them the least security by an Oath. They have declared, that if you put an Oath upon them, which they think, ought not to be imposed, they may lawfully deceive you if they can, and put a cheat upon you, even in a Solemn Oath. Contrive then what Oath you will for your security, they will take it, so far as you ⟨p. 321⟩can judge, as much as any man in the world takes an Oath; yet if they did not intend to Swear (which none can tell but themselves) by taking this Oath; they have not Sworn, they are not obliged. Or if they had a mind to swear, as well as to make you think so, yet if they did not intend to oblige themselves thereby, their Conscience by their principles is free, the Oath does not touch them; or if they have a mind to be obliged by that Oath, yet need they not bind themselves to that, it was designed for; but to quite another thing: for they may swear in a sense, vastly distant from what you intend or imagine; and thus they are taught to do: and it is practicable, either by the flye and undiscerned change of one letter in a word, as they may pronounce it, which will turn the sense as far from yours, as burning is from swearing, which is plain in a former instance. Or else by the ambiguousness of some word in the Oath, affording another sense than you are aware of; they may fix upon that, and leave yours to your self, and so bind themselves to nothing you are concerned for, when you think you have them fast bound to all. Or if such care be taken, that in the Oath there be no ambiguous terms, which may give them the advantage to delude you by a sense forraign to your intendment; yet, do what you can, they may put forth a sense upon it by a mental restriction; for thereby adding something reserved in their mind to what is expressed in the Oath; the sense is quite changed, and the thing they swear is nothing at all, of what you would have sworn.
Yea, or if they swear, that they will observe the contents of your Oath, according to the plain and natural meaning of the words, without any equivocating or mental restriction; yet at the same time they may mean, without any mental restriction, that they will tell you of; and so delude you with a mental reservation, when they are swearing against it: nor is this an imaginary supposition of a thing that they never practised; for thus their Priests and others have taken the Oath of Allegiance, and by this art eluded it; (*)and so they are instructed, and ⟨p. 322⟩may do still, and defeat any Oath that can be devised. Yea, by their doctrine they may do it lawfully, and without sin; for in all this juggling, they teach, that they do not swear false, but by the artifice specified, it's true in their own sense, though not in theirs who give the Oath. Indeed this is a cheat (where God is called to witness) nor do they deny it: But they say such deceit is lawful, as in many other cases so, always when the Judge is incompetent: And that is our case in England, we have none from the Throne to the lowest Bench, that, in their account, have any jurisdiction(h); we have none that have power to put an Oath upon them; they may choose whether they will swear or no, or whether they will cheat them all in swearing. No Oath which can be given them, can oblige them, but in their own sense, how distant soever from the true sense of the Oath, or of the Imposer of it. This our Roman Catholics were assured of long since, by (i)instructions sent them from Rome in Queen Elizabeths time. So that they need make no Conscience (if they will follow the best Guides of their Consciences) to practise all their contrivance upon us in Oaths: (much more in promises, contracts, &c.) even such as the light of Nature has ever condemned in the world, as not only impious in point of Religion, but destructive to human society, and those which tend to subvert the main grounds and foundations of it. We can never oblige them by Oath at any time, but when they please, nor any further than they list: we can never tell when they swear, though they take Oaths, nor when they are obliged, though they swear: we cannot possibly know when we may be sure of them. When we think them fast, by all the rules that men of Conscience and common Honesty proceed by;
Yea, or if they swear, that they will observe the contents of your Oath, according to the plain and natural meaning of the words, without any equivocating or mental restriction; yet at the same time they may mean, without any mental restriction, that they will tell you of; and so delude you with a mental reservation, when they are swearing against it: nor is this an imaginary supposition of a thing that they never practis'd; for thus their Priests and others have taken the Oath of Allegiance, and by this art eluded it; (*)and so they are instructed, and ⟨p. 322⟩may do still, and defeat any Oath that can be devised. Yea, by their doctrine they may do it lawfully, and without sin; for in all this jugling, they teach, that they do not swear false, but by the artifice specified, it's true in their own sense, though not in theirs who give the Oath. Indeed this is a cheat (where God is called to witness) nor do they deny it: But they say such deceit is lawful, as in many other cases so, always when the Judge is incompetent: And that is our case in England, we have none from the Throne to the lowest Bench, that, in their account, have any jurisdiction(h); we have none that have power to put an Oath upon them; they may choose whether they will swear or no, or whether they will cheat them all in swearing. No Oath which can be given them, can oblige them, but in their own sense, how distant soever from the true sense of the Oath, or of the Imposer of it. This our Roman Catholicks were assured of long since, by (i)instructions sent them from Rome in Queen Elizabeths time. So that they need make no Conscience (if they will follow the best Guides of their Consciences) to practise all their contrivance upon us in Oaths: (much more in promises, contracts, &c.) even such as the light of Nature has ever condemned in the world, as not only impious in point of Religion, but destructive to human society, and those which tend to subvert the main grounds and foundations of it. We can never oblige them by Oath at any time, but when they please, nor any further than they list: we can never tell when they swear, though they take Oaths, nor when they are obliged, though they swear: we cannot possibly know when we may be sure of them. When we think them fast, by all the rules that men of Conscience and common Honesty procede by;
(*)Quando quis inique interrogat excludendo omnem aequivocationem, posse interrogatum uti equivocation, apponendo aliquam particulam in meant, &c. Idem dic de teste. Bonacina. Tom. 2. disp. 4. q. 1. punct. 12. & ibi plur•s. Quoties gravis causa occurrit, obquam licet uti verbis ambignis, vel mentali restrictione, ejusmode usum esse licitum, etsi interrogans urgeat, ut sine amphibologia, aut restriction loquaris. Pet. a S. Joseph. de 2 precept. art. 1.Quando quis inique interrogat excludendo omnem aequivocationem, posse interrogatum uti aequivocatione, apponendo aliquam particulam in mente, &c. Idem dic de teste. Bonacina. Tom. 2. disp. 4. q. 1. punct. 12. & ibi plur•s. Quoties gravis causa occurrit, obquam licet uti verbis ambignis, vel mentali restrictione, ejusmode usum esse licitum, etsi interrogans urgeat, ut sine amphibologia, aut restrictione loquaris. Pet. a S. Joseph. de 2 precept. art. 1.
(h)Judex haereticus aut schismaticus amittit omnem jurisdictionem. Vid. Conc. Lateran. sub Innocent. 3. in Crab. Supra.
(i)Juramentum exactum a judice non competente (quales nunc omnes sunt in Anglia) in jurisdictione Ecclesiastica, non obligat nisi secundum intentionem jurantis in Abb. de mendacio. p. 40.
yet they can juggle themselves loose by the Roman rules, at pleasure, and make sport with God and man, even in Oaths where God himself is a Witness, and the greatest of men concerned as Parties.
Sect. 5. There needs no other demonstration of the Irreligion of the Roman Church, and its utter regardlessness of God and the souls of men, ⟨p. 323⟩than their doctrine concerning the observance of the Lords day, and all other which they pretend to be set apart for holy employment. If any man would understand what Religion is left among them, he may see it there in short, and needs look no further; since there he may be satisfied that they have no design for the honour of God, or the salvation of souls. For when they have discharged the people from all duties of Religion, at any other determinate times(k), and reserved all which they make necessary for them, to Holy-days; yet even on these days, by their doctrine, nothing is made their duty, to which any regard of God, or of their souls, is needful. All that they are obliged to, is only to be present at (l)Mass, no other act, or duty of Religion or Worship is necessary; no internal (m)act at all, nor any (n)external, either public or private, but only the Mass: And that may be so external, that neither God, nor any divine thing, need to be minded in it. For this I have produced evidence enough already, let me only add this; they are wont to speak of a three-fold attending at ⟨p. 324⟩Mass (as before was showed at their divine Service.) One (*)to what is said and done by the Priest, as Sacred: A second, to the meaning of what is said or done: And the third, to God and divine things. Now the first of these, they say, (o)is enough, though it be the worst of all: therefore the second (to regard the meaning of what is said or done); and the third (to mind God or Divine things) is more than needs. So that plainly, all that is required of a Papist, by their Doctrine, in order to the honour of God, and the salvation of his soul, on any of those days, when these ought to be most minded, is only, being present at Mass, without understanding what is said, or done; and without minding God or any thing divine. Such is their worship of God, and care of souls, in the Church of Rome; this is the sum of their Religion, when it appears set forth to greatest advantage in its solemn exercises; he that understands it, and can be in love with it, must be under the power of some other consideration, than that of God and his soul.
Sect. 5. There needs no other demonstration of the Irreligion of the Roman Church, and its utter regardlesness of God and the souls of men, ⟨p. 323⟩than their doctrine concerning the observance of the Lords day, and all other which they pretend to be set apart for holy imployment. If any man would understand what Religion is left among them, he may see it there in short, and needs look no further; since there he may be satisfied that they have no design for the honour of God, or the salvation of souls. For when they have discharged the people from all dutys of Religion, at any other determinate times(k), and reserved all which they make necessary for them, to Holy-days; yet even on these days, by their doctrine, nothing is made their duty, to which any regard of God, or of their souls, is needful. All that they are obliged to, is only to be present at (l)Mass, no other act, or duty of Religion or Worship is necessary; no internal (m)act at all, nor any (n)external, either publick or private, but only the Mass: And that may be so external, that neither God, nor any divine thing, need to be minded in it. For this I have produced evidence enough already, let me only add this; they are wont to speak of a three-fold attending at ⟨p. 324⟩Mass (as before was shew'd at their divine Service.) One (*)to what is said and done by the Priest, as Sacred: A second, to the meaning of what is said or done: And the third, to God and divine things. Now the first of these, they say, (o)is enough, though it be the worst of all: therefore the second (to regard the meaning of what is said or done); and the third (to mind God or Divine things) is more than needs. So that plainly, all that is required of a Papist, by their Doctrine, in order to the honour of God, and the salvation of his soul, on any of those days, when these ought to be most minded, is only, being present at Mass, without understanding what is said, or done; and without minding God or any thing divine. Such is their worship of God, and care of souls, in the Church of Rome; this is the sum of their Religion, when it appears set forth to greatest advantage in its solemn exercises; he that understands it, and can be in love with it, must be under the power of some other consideration, than that of God and his soul.
(k)Vid. supra. cap. 1.
(l)Sola missa communiter est in praecepto. Cajetan. sum. v. fest. p. 304. Missa audienda Diebus festis ex praecepto, non tamen Contio, non preces fundendae; non exercendus alius actus cultus Divini ex praecepto (excipe diem paschatis, quo sumenda est Eucharistia) Victorel. addit ad Tol. l. 4. c. 25.
(m)Aquinas. 2. 2. q. 122. art. 4. Cajeran. Sum. v. fest. p. 305. Soto. de justit. & jur. l. 2. q. 4. art. 4. Navarre. c. 13. n. 2. &c. No act of love Bellarm. de cult. Sanct. l. 2. c. 10. Nav. c. 11. n. 7. Soto. ibid. or contrition. Soto. ibid. Sylv. Sum. v. Dominic. n. 8. Canus. relect. de paenit. pars. 4. p. 864. or sincerely no need to have that Devotion in the heart, which they outwardly make show of. No necessity of a good end in their worshipping. For that they commonly maintain after Aquinas that the end of the command for worship, is not under command vid. supra.Aquinas. 2. 2. q. 122. art. 4. Cajeran. Sum. v. fest. p. 305. Soto. de justit. & jur. l. 2. q. 4. art. 4. Navar. c. 13. n. 2. &c. No act of love Bellarm. de cult. Sanct. l. 2. c. 10. Nav. c. 11. n. 7. Soto. ibid. or contrition. Soto. ibid. Sylv. Sum. v. Dominic. n. 8. Canus. relect. de paenit. pars. 4. p. 864. or sincerely no need to have that Devotion in the heart, which they outwardly make shew of. No necessity of a good end in their worshipping. For that they commonly maintain after Aquinas that the end of the command for worship, is not under command vid. supra.
(n)Not hearing Sermons. Sylv. sum. v. Dominic. n. 8. Victorel. Supra. Nor other prayers, private Sylv. ibid. Navarre. c. 21. n. 6. vid. Suar. de fest. l. 2. c. 16. n. 4. or public. Vesperas caeteraque Divina officia, Diebus festis, non audire, non est peccatum mortale, neque veniale; nisi ratione voti aut juramenti. Graft. l. 2. c. 34. n. 12. Nemo jure communi regulariter tenetur audire de praecepto alia Divina officio, etiam vesperas Navar. c. 21. n. 1. They are not obliged to any prayers, but those in the Mass; which indeed are not theirs, nor need they concur in them, otherwise than by a virtual wish, that the Priest may be heard, satis est vel ex longuiquo missanti adesse, & surgendo, genua flectendo, vel alias actualiter vel virtualiter exoptare, ut sacerdos, qui pro omnibus loquitur, orat & sacrificat, a Deo exaudiatur. idem. ibid. n. 8.Not hearing Sermons. Sylv. sum. v. Dominic. n. 8. Victorel. Supra. Nor other prayers, private Sylv. ibid. Navar. c. 21. n. 6. vid. Suar. de fest. l. 2. c. 16. n. 4. or publick. Vesperas caeteraque Divina officia, Diebus festis, non audire, non est peccatum mortale, neque veniale; nisi ratione voti aut juramenti. Graff. l. 2. c. 34. n. 12. Nemo jure communi regulariter tenetur audire de praecepto alia Divina officio, etiam vesperas Navar. c. 21. n. 1. They are not obliged to any prayers, but those in the Mass; which indeed are not theirs, nor need they concur in them, otherwise than by a virtual wish, that the Priest may be heard, satis est vel ex longuiquo missanti adesse, & surgendo, genua flectendo, vel alias actualiter vel virtualiter exoptare, ut sacerdos, qui pro omnibus loquitur, orat & sacrificat, a Deo exaudiatur. idem. ibid. n. 8.
Having, seen how these days are sanctified, or profaned rather, by their worship, we might view, what observance they have in reference to servile works. And here they have little, but what may be done without sin; and indeed, as they order the matter, it may seem less sin to follow the works of their callings, than to forbear them, since their abstinence from them, is not, that they may better attend the worship ⟨p. 325⟩of God; (for they think it not needful to worship him, unless he can be said to be worshipped when he is not heeded) but that they may be idle, or worse employed than in their daily business. However, whether it be to indulge their ease, or serve their lusts, or to make show of some rest, (though far enough from a holy rest) they will have some works forborne; but herein they will be regulated by (*)custom, not the divine Law. Paludanus (p)and others will have them excused, who use manual labours on these days, if they omit not the Mass. And Sylvester says, this is reasonable, because Custom, the interpreter of Laws, will have it so. This may so far regulate them, that every (q)Province and City must observe those days, and those alone, in that manner, and so far only, as custom requires. Yea, it must so far prevail, that if it were the custom to observe these days, no longer than till Noon, or only till Mass were ended, (which may be dispatched in half an hour, and that before (*)Sun rise) the rest may be spent in servile works. They account it worse to spend these days in servile labour, than profane divertissements (for this, with them, is only a Venial fault, or (*)none, but that may be a mortal sin); yet they declare there is no sin in the worst, but what custom makes (they are like to make Conscience of it, when their own ⟨p. 326⟩wills and practices are their rule. This (as many other by their doctrine, which makes void the commands of God at pleasure), is but a sin at discretion; they may make it none when they please, and render all days alike, as easily as they can bring up a custom(*), such a one, to which nature is forward.
Having, seen how these days are sanctified, or prophaned rather, by their worship, we might view, what observance they have in reference to servile works. And here they have little, but what may be done without sin; and indeed, as they order the matter, it may seem less sin to follow the works of their callings, than to forbear them, since their abstinence from them, is not, that they may better attend the worship ⟨p. 325⟩of God; (for they think it not needful to worship him, unless he can be said to be worshipped when he is not heeded) but that they may be idle, or worse imployed than in their daily business. However, whether it be to indulge their ease, or serve their lusts, or to make shew of some rest, (though far enough from a holy rest) they will have some works forborn; but herein they will be regulated by (*)custom, not the divine Law. Paludanus (p)and others will have them excused, who use manual labours on these days, if they omit not the Mass. And Sylvester says, this is reasonable, because Custom, the interpreter of Laws, will have it so. This may so far regulate them, that every (q)Province and City must observe those days, and those alone, in that manner, and so far only, as custom requires. Yea, it must so far prevail, that if it were the custom to observe these days, no longer than till Noon, or only till Mass were ended, (which may be dispatched in half an hour, and that before (*)Sun rise) the rest may be spent in servile works. They account it worse to spend these days in servile labour, than prophane divertisements (for this, with them, is only a Venial fault, or (*)none, but that may be a mortal sin); yet they declare there is no sin in the worst, but what custom makes (they are like to make Conscience of it, when their own ⟨p. 326⟩wills and practices are their rule. This (as many other by their doctrine, which makes voyd the commands of God at pleasure), is but a sin at discretion; they may make it none when they please, and render all days alike, as easily as they can bring up a custom(*)
(*)Dicendum consuetudine fieri posse, ut aliquae personae licit possint in Die festo aliqua opera servilia, vel aliter in festo prohibita, exercere. Antoninus. Slyvester. Cajetan. Soto. Tabiena. Armilla. Navarre. in Suar. l. 2. de fest. c. 33. n. 12.Dicendum consuetudine fieri posse, ut aliquae personae licite possint in Die festo aliqua opera servilia, vel aliter in festo prohibita, exercere. Antoninus. Slyvester. Cajetan. Soto. Tabiena. Armilla. Navar. in Suar. l. 2. de fest. c. 33. n. 12.
(p)Per (Dominicum) intelligitur generaliter omnis Dies festus de praecepto, secundm Pet. de Balude, quod sentire videtur •etiam. 1. Jo. Andr. & doctores dicentes aliquos in Diebus festis excusari, nisi missam omistant. Et. est rationabile; quia consuetudo legum interpres, ita habet. Sum. v. missa. 2. n. 1.
(q)Unaquaeque provincia, aut civitas, observare teneturilla, eo modo, & tantum, quae, quomodo, & quantum consuetudo ipsius praecepit observari. Navarre. c. 13. n. 5. Si usus haberet, ut solum serventur usque ad meridiem, vel usque ad solemnia missarum peracta, postea possent opera servilia fieri. idem. ibid.Unaquaeque provincia, aut civitas, observare teneturilla, eo modo, & tantum, quae, quomodo, & quantum consuetudo ipsius praecepit observari. Navar. c. 13. n. 5. Si usus haberet, ut solum serventur usque ad meridiem, vel usque ad solemnia missarum peracta, postea possent opera servilia fieri. idem. ibid.
(*)Gabriel cum Scoto dicunt, licitum esseincho are missam, una hora & quarta partè alterius ante ortum solis—Non erit peccatum hora & dimidia ante ortum folis sacrificare: Imo addit Paludanus & clarius Victoria posse licit inchoari missam dimidia hora ante crepusculum, ita ut finis missae sit sub initium crèpusculi, plus minusve. Et hoc est in praxi servandum Suarez. tom. 3. disp. 80. sect. 4. So Mass may be ended, not only before Sun-rise, but about break of day, above an hour before the Sun is up.Gabriel cum Scoto dicunt, licitum esseincho are missam, una hora & quarta partè alterius ante ortum solis—Non erit peccatum hora & dimidia ante ortum folis sacrificare: Imo addit Paludanus & clarius Victoria posse licite inchoari missam dimidia hora ante crepusculum, ita ut finis missae sit sub initium crèpusculi, plus minusve. Et hoc est in praxi servandum Suarez. tom. 3. disp. 80. sect. 4. So Mass may be ended, not only before Sun-rise, but about break of day, above an hour before the Sun is up.
But no wonder, they think not these sacred days violated by working, since they teach, they are not profaned by any acts of wickedness. Their Divines (r)generally agree herein; (s)Contrition for sins, and the avoiding of other sins is not enjoined, says Cajetan. The day is not profaned by Fornication (t)says Soto; nor by Lying, Murder, or Blaspheming, says Bellarmin(u); nor by any wickedness whatsoever, is holy time profaned, but only by those opposite thereto (viz.) not hearing Mass and bodily labours. So that the days may be sanctified well enough, according to the holiness of that Church, if after an irreligious presence at Mass for half an hour; (the precept for which may be satisfied without minding God, or abstaining from wickedness, while they are at it) the rest thereof be spent in beastly Drunkenness or Gluttony, in Perjuries, Blasphemies, or Cursing God or Man; in Murders, Whoring, Sodomy, or Bestiality, or the most enormous debauches. And though they are not bound, as they teach, to be at the pains of one good act of ⟨p. 327⟩mind, or heart, in serving God, at the only time set apart for his Service (Scotus is almost worried by the Herd of their Divines (x)for seeming to think that a good act of mind towards God was enjoined on these days), yet they may spend their bodies, and toil themselves more in the service of their lusts, without profaning them, than in servile works. The reason why they hold, that no excess of wickedness does profane these days, is (y)because wicked acts are not servile works. It seems, slavery to Satan, and the service of the vilest lusts is not servile, whatsoever Christ or the Apostle thought thereof, John 8. 34. Rom. 6. 16. that is consistent enough, with the liberty and honour of such Christians as they are. However, hereby it is manifest, that their Religious observation of all holy times (and so all the Religiousness which that Church requires of her Catholics) is consistent with the lewdest acts of ungodliness and debauchery.
But no wonder, they think not these sacred days violated by working, since they teach, they are not prophaned by any acts of wickedness. Their Divines (r)generally agree herein; (s)Contrition for sins, and the avoyding of other sins is not injoyned, says Cajetan. The day is not prophaned by Fornication (t)says Soto; nor by Lying, Murder, or Blaspheming, says Bellarmin(u); nor by any wickedness whatsoever, is holy time prophaned, but only by those opposite thereto (viz.) not hearing Mass and bodily labours. So that the days may be sanctified well enough, according to the holiness of that Church, if after an irreligious presence at Mass for half an hour; (the precept for which may be satisfied without minding God, or abstaining from wickedness, while they are at it) the rest thereof be spent in beastly Drunkenness or Gluttony, in Perjuries, Blasphemies, or Cursing God or Man; in Murders, Whoring, Sodomy, or Bestiality, or the most enormous debauches. And though they are not bound, as they teach, to be at the pains of one good act of ⟨p. 327⟩mind, or heart, in serving God, at the only time set apart for his Service (Scotus is almost worried by the Herd of their Divines (x)for seeming to think that a good act of mind towards God was injoyned on these days), yet they may spend their bodys, and toyl themselves more in the service of their lusts, without prophaning them, than in servile works. The reason why they hold, that no excess of wickness does prophane these days, is (y)because wicked acts are not servile works. It seems, slavery to Sathan, and the service of the vilest lusts is not servile, whatsoever Christ or the Apostle thought thereof, John 8. 34. Rom. 6. 16. that is consistent enough, with the liberty and honour of such Christians as they are. However, hereby it is manifest, that their Religious observation of all holy times (and so all the Religiousness which that Church requires of her Catholicks) is consistent with the lewdest acts of ungodliness and debauchery.
(r)Cajetan. Soto. Sylvester. Victoria. Navarre. Covarruvius & alij, quosirefext & sequitur Suarez. de fest. l. c. 18. n. 3. inter quos etiam recenset S. Thom. vid. Bellarm. de cultu sanct. l. 3. c. 10. Graft. l. 2. c. 33. n. 8.Cajetan. Soto. Sylvester. Victoria. Navar. Covarruvius & alij, quosirefext & sequitur Suarez. de fest. l. c. 18. n. 3. inter quos etiam recenset S. Thom. vid. Bellarm. de cultu sanct. l. 3. c. 10. Graff. l. 2. c. 33. n. 8.
(s)Non continetur sub hoc praecepto contritio peccatorum, nec vitatio aliorum peccatorum. Sum. v. fest. p. 305.
(t)Non quod per fornicationem violetur festum. de just & jur. l. 2. q. 4. art. 4.
(u)Non enim viola•ur tempus sacrum per quaecunque peccata, sed solum per ea, quae opponuntur ipsi tempori sacro, qualia sunt non audire sacrum, & operari corporaliter. Ibid. l. 3. c. 10. p. 1610. Secunda opinio asserit—peccatum etiam mortale in Die festo commissum, non habere ex illa temporis circumstantia special•m malitiam, quae in confessione necessario operienda sit: illam docent Cajetan, Corduba. Soto Victoria. Almain. Sylvester. Armilla. Tabiena. Angl. Navarre. Covarruvias. Gutier. pro hac etiam sententia potest referri. D. Thomas. in 4. dist. 32. art. 5. q. 1. Suarez. l. 2. de festis. cap. 18. n. 3. vid. Bonacin. Tom. 2. disp. 5. p. 274.Non enim viola•ur tempus sacrum per quaecunque peccata, sed solum per ea, quae opponuntur ipsi tempori sacro, qualia sunt non audire sacrum, & operari corporaliter. Ibid. l. 3. c. 10. p. 1610. Secunda opinio asserit—peccatum etiam mortale in Die festo commissum, non habere ex illa temporis circumstantia special•m malitiam, quae in confessione necessario operienda sit: illam docent Cajetan, Corduba. Soto Victoria. Almayn. Sylvester. Armilla. Tabiena. Angl. Navar. Covarruvias. Gutier. pro hac etiam sententia potest referri. D. Thomas. in 4. dist. 32. art. 5. q. 1. Suarez. l. 2. de festis. cap. 18. n. 3. vid. Bonacin. Tom. 2. disp. 5. p. 274.
(x)Scotus sentire videtur hoc nos praecepto juberi, diebus festis bonum habere mentis actum circa Deum. Soto de just. & jur. l. 2. q. 4. art. 4. p. 51.
(y)Nec valet dicere inter ista servilia computari peccatum: quia hoc falsum est. Sylv. Sum. v. Dominic. n. 8.—nisi esset opus servile in festis prohibitum, quale non est peccatum juxta S. Thomam. in 3. sent. dist. 37. art. 5. q. 2. Navarre. c. 6. n. 10. probatur a Cajetano & caeteris—quia opus peccati ut sic non est servile Suar. ibid n. 6.
In fine, God can have no honour from men, nor they salvation from him without Religion; this cannot be kept up in the world, without the solemn exercises of it; these cannot, (or will not) be performed without time for that end; therefore hath the Lord appointed time to be set apart for these purposes; the Church of Rome hath reduced all religious Exercises at the times appointed by God, or themselves, to the peoples hearing of Mass, and there will not have the precept oblige them to any real Religiousness, not so much as to a thought of God, or any thing Divine; yea, or the forbearance of wicked thoughts and acts, while they are at Mass. Thus far is Religion (upon which the interest of God and Man so much depends) sunk among them. And it must of necessity sink (all but the shadow or froth) in any part of the world, where these principles prevail. But though they declare them not obliged to serve God any better at this, or at any other time, yet they maintain for them as much liberty to serve the Devil and their Lusts on these Holy times, as any other. Let all concerned, judge of the Roman ⟨p. 328⟩Religion and Holiness hereby; if there were nothing else, by which the measures thereof could be taken, this would suffice.
Sect. 6. In the next place, in reference to Heretics; to go no further (for that is far enough, since in their Charity the far greatest part of Christians are no better) all Relatives are discharged of their respective duties enjoined them by the Laws of God or Man. Their Decretal (the Law of their Church which presumes to over-rule all other Law, Natural, Divine, or Civil) deprives Heretics immediately of all (a)due fidelity, right, duty, observance, which any whosoever do owe them: (b)They lose all which they have by civil right. (c)Subjects owe no Allegiance or duty at all to Princes or Magistrates. (d)Children owe no duty to their Parents; they have (by their Law) no power over them, and this from the first day of their Heresy. (e)Wives owe not conjugal duty to their Husbands; and if (f)they knew they were not Papists, when contracted, they lose their Dowry. (g)Servants are freed from all Fidelity to, and observance of their Masters. (h)Yea, ⟨p. 329⟩Debtors are freed from paying what they owe to Heretics, though bound thereto, either by Penalty or Oath. They hereby oblige their Followers to make nothing of such duties, without the observance of which, Man-kind would become worse than Bruits.
Sect. 6. In the next place, in reference to Hereticks; to go no further (for that is far enough, since in their Charity the far greatest part of Christians are no better) all Relatives are discharged of their respective dutys injoyned them by the Laws of God or Man. Their Decretall (the Law of their Church which presumes to over-rule all other Law, Natural, Divine, or Civil) deprives Hereticks immediatly of all (a)due fidelity, right, duty, observance, which any whosoever do owe them: (b)They lose all which they have by civil right. (c)Subjects owe no Allegeance or duty at all to Princes or Magistrates. (d)Children owe no duty to their Parents; they have (by their Law) no power over them, and this from the first day of their Heresie. (e)Wives owe not conjugal duty to their Husbands; and if (f)they knew they were not Papists, when contracted, they lose their Dowry. (g)Servants are freed from all Fidelity to, and observance of their Masters. (h)Yea, ⟨p. 329⟩Debtors are freed from paying what they owe to Hereticks, though bound thereto, either by Penalty or Oath. They hereby oblige their Followers to make nothing of such dutys, without the observance of which, Man-kind would become worse than Bruits.
(a)Ipso jure privatos esse haereticos omni debito fidelitatis, Dominij, obligationis, & obsequij, quo illis quicunque tenebantur astricti—Decretal. Gregor. 9. l. 5. c. ult. de haeret.
(b)Amittunt omnia quae juris civilis sunt. Graff. l. 2. c. 11. n. 12. privantur j•e Dominij naturalis, oeconomici & civilis vid. Ovandus in 4. dist. 13. p. 347.
(c)Eorum vassalli absoluti sunt a debito fidelitatis & totius obsequij—& idem de vassallis Dominorum, qui contra haereticos sunt negligentes. Sylvest. v. haereses 1. n. 14. Angelus v. haeret. n. 15.
(d)Perdunt patriam potestatem, quia non habent filios in potestate. Graft. ibid. Fillj haereticorum ipso facto quo sententiatum est contra eorum parentes de haeresi, efficiuntur s•i juris, & effecti intelliguntur a Die commissi criminis. Angel. ibid. n. 10. Sylvest. ibid.Perdunt patriam potestatem, quia non habent filios in potestate. Graff. ibid. Fillj haereticorum ipso facto quo sententiatum est contra eorum parentes de haeresi, efficiuntur s•i juris, & effecti intelliguntur a Die commissi criminis. Angel. ibid. n. 10. Sylvest. ibid.
(e)Viro debitum reddere non tenetur. Simanca. Instit. Cathol. c. 45. n. 27.
(f)Uxore• scienter cum haereticis contrahentis perdunt ipso facto dotem. Sylvest. ibid. Angelus. ibid. n. 11.
(g)Et quicunque alij aliqua obligatione adstricti: ut famuli, liberti, & hujusmodi. ipso facto liberantur. Ut dicitur & notatur in c. fi. eo. ti. Angelus. ibid. n. 15. Sylvest. ibid.
(h)Omnes haereticos obligatos ex juramento, fidelitate obsequij, pactione vel promissione, liberari, ita habetur c. ultimo de Haeret. Propterea si aliquis promisisset haereticis solver sub paena vel juramento certo Die, non tenetur, ut notat Glossa ibid. Ego teneo quod eo ipso quod est manifestum in haeresin incidisse tales absoluti sunt, quantumcunque sententia non feratur contra eos. Angel. ibid. n. 15. Sylvest. ibid. n. 14. Armilla. v. haeres. n. 11. Ovandus in 4. dist. 13. propos. 30. p. 348.Omnes haereticos obligatos ex juramento, fidelitate obsequij, pactione vel promissione, liberari, ita habetur c. ultimo de Haeret. Propterea si aliquis promisisset haereticis solvere sub paena vel juramento certo Die, non tenetur, ut notat Glossa ibid. Ego teneo quod eo ipso quod est manifestum in haeresin incidisse tales absoluti sunt, quantumcunque sententia non feratur contra eos. Angel. ibid. n. 15. Sylvest. ibid. n. 14. Armilla. v. haeres. n. 11. Ovandus in 4. dist. 13. propos. 30. p. 348.
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(c)Aquinas & Jo Major. in Navarre. c 12. n. 9. Sylvest. ibid. 3. n. 2. Angelus. Sum. v. juram 4. n. 1. Quum quis ex juramento exigit ab aliquo quod ipse non potest sine peccato implere: potest habere intentionem, cum jurat illud facere scil. Quantum poterit sine peccato. Sic & Sylvester. Sic secundum Rich. de St. Victore obstetrices non peccassent, licet non respondissent ad intentionem Pharaonis, quia non fuit ei data Authoritas ad aliquid agendum contra Deum. Secundum Innocent. in c. veniens de curia. in juramento determinato super aliquo singulari, sic interpretatur in foro animae, secundum intentionem jurantis. Angel. ibid.Aquinas & Jo Major. in Navar. c 12. n. 9. Sylvest. ibid. 3. n. 2. Angelus. Sum. v. juram 4. n. 1. Quum quis ex juramento exigit ab aliquo quod ipse non potest sine peccato implere: potest habere intentionem, cum jurat illud facere scil. Quantum poterit sine peccato. Sic & Sylvester. Sic secundum Rich. de St. Victore obstetrices non peccassent, licet non respondissent ad intentionem Pharaonis, quia non fuit ei data Authoritas ad aliquid agendum contra Deum. Secundum Innocent. in c. veniens de curia. in juramento determinato super aliquo singulari, sic interpretatur in foro animae, secundum intentionem jurantis. Angel. ibid.
(d)Sylvest. v. juram. 3. n. 2. Navarre. c. 12. n. 19. Bonacin. ubi supra.Sylvest. v. juram. 3. n. 2. Navar. c. 12. n. 19. Bonacin. ubi supra.
(e)An qui jurat se non habere rem aliquam ab alio petitam, ut ab ea danda vel accommodanda se excuset, peccet? responderi enim debet, piccare si mens ejus verbis consonat: sed non, si non tenetur ad dandam vel accommodandam, neque respondendum juxta mentem petentis, & ea mente juret, quod non habant illam, ad eam illi dandam aut accommodandam. Navarre. c. 12. n. 18. Bonacin. ibid. Idem. c. 8. n. 19. Lopez. cap. 37. p. 211.An qui jurat se non habere rem aliquam ab alio petitam, ut ab ea danda vel accommodanda se excuset, peccet? responderi enim debet, piccare si mens ejus verbis consonat: sed non, si non tenetur ad dandam vel accommodandam, neque respondendum juxta mentem petentis, & ea mente juret, quod non habant illam, ad eam illi dandam aut accommodandam. Navar. c. 12. n. 18. Bonacin. ibid. Idem. c. 8. n. 19. Lopez. cap. 37. p. 211.
(f)And this they maintain not only in this case, but as to all sins confessed. Quod si judex instat vel exigit juramentum a sacerdote, an per confessionem sciat aliquid de tali facto? Dico quod secundum S. Thom. & omnes doctores. Sacerdos si ab eo quaeratur de aliquo absente, an aliquid sciat, quod audivit in confessione: jurare potest se nescire illud: quia non scit illud in quantum homo, &c. Sylvest. v. confess. 3. n. 6. Sic Angelus. v. confess. 8. n. 4. secundum Scotum & Richardum, &c. Graft. l. r. c. 23. n. 2. For the Seal of Confession must not be violated; no, not to secure the soul of the penitent, or the life of a King, or a whole Commonwealth from temporal or spiritual destruction. Vid. ibid. n. 4. & 20. authors contra unum Altisiodorensem in Suarez. tom. 4. disp. 33. Sect. 1.And this they maintain not only in this case, but as to all sins confessed. Quod si judex instat vel exigit juramentum a sacerdote, an per confessionem sciat aliquid de tali facto? Dico quod secundum S. Thom. & omnes doctores. Sacerdos si ab eo quaeratur de aliquo absente, an aliquid sciat, quod audivit in confessione: jurare potest se nescire illud: quia non scit illud in quantum homo, &c. Sylvest. v. confess. 3. n. 6. Sic Angelus. v. confess. 8. n. 4. secundum Scotum & Richardum, &c. Graff. l. r. c. 23. n. 2. For the Seal of Confession must not be violated; no, not to secure the soul of the poenitent, or the life of a King, or a whole Commonwealth from temporal or spiritual destruction. Vid. ibid. n. 4. & 20. auctores contra unum Altisiodorensem in Suarez. tom. 4. disp. 33. Sect. 1.
(g)Quamvis juret se dicturum, quod scit, vere respondere potest se illa nescire absque perjurij metu, intelligendo intra se, illud se non ita scire ut detegere teneatur. Navarre. c. 18. n. 61. vid. cap. 17. n. 116.Quamvis juret se dicturum, quod scit, vere respondere potest se illa nescire absque perjurij metu, intelligendo intra se, illud se non ita scire ut detegere teneatur. Navar. c. 18. n. 61. vid. cap. 17. n. 116.
(*)This all the praying of the people (when they have reduced all their Religious acts to this) in Popery. All that the Church makes necessary, or leaves possible to them in public, which yet is no praying, otherwise, than one while he is at Paris, may be said to be praying at Rome; because he virtually wishes success to a Priest saying Mass there: Or then one in their Purgatory, may be said to be praying at the same time in Heaven; because he would have the supposed intercession of the Saints there, to be successful.This all the praying of the people (when they have reduced all their Religious acts to this) in Popery. All that the Church makes necessary, or leaves possible to them in publick, which yet is no praying, otherwise, than one while he is at Paris, may be said to be praying at Rome; because he virtually wishes success to a Priest saying Mass there: Or then one in their Purgatory, may be said to be praying at the same time in Heaven; because he would have the supposed intercession of the Saints there, to be successful.
(o)Haec satis est, licet omnium imperfectissima. Fill. tr. 5. n. 214. Suarez. Having, premised, that he believes, there is no dissension or difficulty amongst them concerning attention at the time of Mass: reckons after Aquinas the 3. sorts of attention and adds of the first. Haec attentio est infima omnium, tamen sufficiens: quia illa sa•is est, ut illa missae auditio seu praesentia sit bumana, moralis, & ex objecto religiosa. Tom. 3. disp. 88. sect. 3. This being sufficient, the Second and Third are more than needs: and yet in the third (this excluded as needless), he acknowledges all inward reverence and worship is included. Sub hac autom attentione ad Deum omnis interior reverentia & cultus, omnis oratio & petitio includitur, ut eleganter describit Gregorius 10. in c. decet. ibid.Haec satis est, licet omnium imperfectissima. Fill. tr. 5. n. 214. Suarez. Having, premised, that he believes, there is no dissention or difficulty amongst them concerning attention at the time of Mass: reckons after Aquinas the 3. sorts of attention and adds of the first. Haec attentio est infima omnium, tamen sufficiens: quia illa sa•is est, ut illa missae auditio seu praesentia sit bumana, moralis, & ex objecto religiosa. Tom. 3. disp. 88. sect. 3. This being sufficient, the Second and Third are more than needs: and yet in the third (this excluded as needless), he acknowledges all inward reverence and worship is included. Sub hac autom attentione ad Deum omnis interior reverentia & cultus, omnis oratio & petitio includitur, ut eleganter describit Gregorius 10. in c. decet. ibid.
, such a one, to which nature is forward.
Bonacin. Tom. 2. disp. 5. p. 277. n. 25. p. 274. n. 3.
(*)Observatio Diei Dominicae non est de jure Divino, sed Canonico, ut aiunt communiter Doctores—& consequenter posse consuetudine, vel humana potestate abrogari. Bonacin. Tom. 2. disp. 5. n. 4. p. 272. Sayrus & alij ibi.
Nec valet dicere inter ista servilia computari peccatum: quia hoc falsum est. Sylv. Sum. v. Dominic. n. 8.—nisi esset opus servile in festis prohibitum, quale non est peccatum juxta S. Thomam. in 3. sent. dist. 37. art. 5. q. 2. Navar. c. 6. n. 10. probatur a Cajetano & caeteris—quia opus peccati ut sic non est servile Suar. ibid n. 6.
