V f **~" PUBLICATIONS OF JAMES LORD, ESQ. i. Maynooth College ; or, the law affecting the Annual Grant to Maynooth; with the Parliamentary Debates thereon; and the Nature of the Education there given. 1841. Price 9*. II. Theory and Practice of Conveyancing. in. Letter to the Right Hon. Lord Alvanley on the State of Ireland. 1841. IT. Popery at Madeira ; or, An Account of the Persecution and Oppression of Dr. Kalley Snd other Protestants, by the Portuguese Authorities at Madeira. V. Letter to the Eight Hon. H. Goulburn, M.P., Chancellor of the Exchequer, on the Field, Garden, and Cottage Allotment System. VI. Observations on the Mortmain Laws, and the Bills of Lord John Manners and Mr. Watson. VII. Excommunication ; or, Observations on the Act of Supre- macy, Temporal and Spiritual Power, &c. ; and the recent trial of M'Loughlin v. Walsh. VIII. Appeal to the Protestant Electors of Great Britain. IX. The Oaths taken by Roman Catholic Peers and Members of Parliament. 3s. per 100, or II. per 1,000. x. Pledges of Electors and Candidates Considered. Price 1*. per 100. XI. The Protestant Character of the British Constitution. 3*. per 100. A MACINTOSH, PRINTER, OREAT NEW-STREET, LONDON. PKEFACE. THE origin of Maynooth College is to be traced to the close of the last century. It arose from the doctrine of expediency, ^.n Act of the Irish Parliament sanctioned the establishment of one College in Ireland for the educa- tion of Roman Catholics. This enabling Act, rendering lawful what was before unlawful, passed in the year 1795. Prior enactments had made such establishments illegal. An annual grant from that date was given, varying, however, in amount from time to time. The Commissioners of Irish Education Inquiry made a Report with reference to Maynooth in 1827. Soon after this, strong objections were taken to the nature of the education, and to the continuance of the grant. These increased as the matter became more known. They formed the subject of general discussion, tending greatly to elucidate the truth, and to open the eyes of Protestants to the arrogant pretensions of the Papacy. So much was this the case, that the late Sir Robert Peel was induced, in order to cut the Gordian knot, to make a Motion in favour of Maynooth, by taking the grant out of the annual estimates, and conferring a permanent endowment on that College. An Act for that purpose was passed in the year 1845. VI PREFACE. Objectors, however, on principle still objected, and that, too, more strongly than ever. To satisfy these, a Royal Commission was granted in 1853. That Report, with the evidence, was not presented to Parliament till March, 1855. The contents of it form the subject of this Digest. Into what has since taken place in Parliament, it is not my province here to enter. It is to be hoped that no cessation will take place in the efforts made, in or out of Parliament, to get rid of this national sin and inconsistency.* Though strong protests have been entered against the Grant, it has stood its ground to this day. The argument, however, for its continuance as matter of com- pact at the time of the Union, has lost its weight by lapse of time. The stipulations at the Union only extended to twenty years after the Union : so that, for more than thirty years, whatever force may at any time have attached to it, that plea has lost its power. The Grant is irrecon- cilable with principle, and neither compact nor expe- diency require its continuance. 1, MiTRE-COTIRT -BUILDINGS, TEMPLE, June, 1855. * A quotation from Vattel, as to the danger of allowing Popery the supreme authority in matters of religion, is given post, Appendix, p. 281. CONTENTS. INTRODUCTORY REMARKS. INTBODUCTOBY Remarks Order of inquiry adopted by Her Majesty's Commissioners The four chief divisions of it Digest chiefly refers to the third Reasons why Maynooth-taught Popery What does it for Ireland ? Elections Romish Influence America and the Know-Nothing party referred to, Pp. 1 to 4. CHAPTER I. PAPAL 'POWER AND INFLUENCE. Rev. J. O'Hanlon The Pope's authority : spiritual and temporal matters Difficulty of always distinguishing between them, p. 5. Voting for Members of Parliament a temporal matter May become a spiritual matter How? to avoid a sin Duty to "protect Catholic interests in Parliament," 6. Duties of priests as to elections When bound to withhold sacrament, 7. May recommend par- ticular candidate from the altar, 8, 9. " Catholic Emancipation " referred to, 9. Case of ignorant voters, 9. Cases where sin would be committed, 10. Duty of obeying implicitly the priest, 11. The Pope, the Bishop, and Elections, 11, 12. Rev. G. Crolly Many transactions have a spiritual and temporal nature, 12. Church may interfere in both, 13. Voting at elections a purely temporal act, 14. The Pope said to be adverse to priestly inter- ference at elections, 14. Rev. Henry Neville Priest should inter- fere where great good or evil to religion is concerned, 15. Distinc- tion between power and influence The Pope has great influence Priest speaking in his robes from the altar is he exercising power or influence ? The uninstructed might mistake Maynooth-taught Vlll CONTENTS. priests not the only turbulent ones, 16. Eev. Dr. Eussell Con- templated vote a sin Confessor may interfere A strong case put, e.g., " Catholic Emancipation " Distinction between power and influence, 17. Rev. P. Murray Authority of the Pope as to Elections, 17. Political struggles, 18. " Catholic Emancipation " When proper for clergymen to interfere at elections, 19. Rev. Thomas Eurlong The Pope may direct as to moral acts, being in conformity with the principles of the Gospel Exercise of the elec- tive franchise is a moral act, 20. Rev. P. Lavelle The Pope or priest might possibly be justified in interfering at elections, 21. Rev. C. M'Auley Duties of priests in temporal matters, 22. Bishop Cantwell's Letter " to the Clergy of the Diocese of Meath " The Protestant Church Establishment one of the principal sources of Irish evils Public Meetings Representatives to give an ac- count of their stewardship, 24. CHAPTER II. BAILLY DISCONTINUED. Extract from Report of the Commissioners, 26. Rev. John O'Hanlon Why was Bailly's work placed in the Index ? 27. Too Grallicau Books not always discontinued when placed in the Index, 27. Scavini prescribed by the Trustees in its place Students not yet supplied with Scavini No copy of it yet in the library Professor has one copy Natalis Alexander in the Index, donee corrigatur, 28. Rev. G-. Crolly Bailly condemned because too Gallican, 28. Rev. Dr. Russell The Pope has been heard to say the contrary, 30. Propositions on marriage cause of it, 31. Rev. Dr. Murray's evidence on subject, 32. Rev. Dr. Renehan As yet no permanent substitute for Bailly St. Alphonsus Liguori recommended by Pro- fessor Neville, 32. Answers to Questions on Matrimony, by Rev. H. Neville, 33. Romish Marriages regulated by Council of Trent, 35. Class-books referred to as of authority Heresy, material and formal, 36. CHAPTER in. THE STANDABD WOBKS AND CLASS-BOOKS AT MAYNOOTH. CLASS- BOOKS OF NO AUTHOEITT. STANDAED WOEES BEFEBBED TO. REPOET of Commissioners quoted, 37. Class-books of no authority refer to others which are, 38. Indicate the teaching as text writers on legal subjects indicate the law. Dr. O'Hanlon Professors do CONTENTS. IX not generally dissent from doctrine of Cabassutius The Class-books Standard Works referred to, 39. Eev. T. Furlong We follow the order, and as far as possible the views and opinions of the text- books Liguori's Moral " Theology," 41. Eev. Mr. Burke Menochius, class-book, refers to Maldonatus ; Cornelius and Estius studied, 43. Dr. Eenehan Class-books not authoritative, their opinions generally taught, and prevail, 43. CHAPTER IV. THE COKTESSIONAt. EXTRACT from Eeport of Commissioners, 45. Their conclusions questionable, 46. Eev. David Moriarty, President of All Hallows College, Drumcondra Thinks professional study of the subjects scarcely ever attended with danger, 46. His opinion questioned ; instructions given as to confessional, 47. Eeserved till towards close of period of study ; should form a separate volume, 48. Confessor acts as a judge in the tribunal of penance, 49, 50. Did not read Dens' " Theology " when a student at Maynooth ; may have looked into it, has since read portions of it, thinks it a work of great merit, 50. Study of this portion of theology absolutely necessary where the practice of confession prevails, 51. Eev. P. Lavelle, Scavini, Eev. M. O'Sullivan, Dunboyne Student, Eev. C. M'Auley, Eev. T. Cahill, 52. Eev. Daniel Leahy, educated at Maynooth, now a Protestant, 53. Matrimony treatise had a direct immoral tendency on the minds of the students, 54. The training had a direct tendency to corrupt the morals, 55 led to immoral conduct on the Mission, 56. Eev. D. L. Brasbie, educated at Maynooth, now a Protestant Matrimony treatise should never be put into the hands of students. Dr. O'Hanlon lectured, 57. Eev. W. J. Burke, educated at Maynooth, joined the Protestant Church 1844, 58. Eev. Dr. Butler, educated at Eome, 59. Treatise De Matrimonio passed over in St. Thomas' College at Eome as too indelicate, 60. Not permitted, when a student at Eome, to read Liguori, 61. All books on the subject not like his, 62. CHAPTER V. THE QA1LICAN MBEETIES. Eev. Thomas Furlong The four points of the Gallican Liberties, 63. Ultramontanism and Gallicanism, 64. Eev. Henry Neville, 64. X CONTENTS. The Pope's Infallibility, 65. The Cisalpines and Ultramontanes, 66. Matter of necessary discipline to obey the Pope in things doubtful, 67. Collision between temporal and spiritual powers, 68. Dr. Crolly Majority of Bishops Article of Faith, 69. Ecumenical Council, 70. The Immaculate Conception, 71. Nothing definable as doctrine, that was not revealed in the time of Saint John, 71. Key. J. O'Hanlon, Dr. Brownson "American Review," 72. Eev. R. F. Whitehead, Delahogue, Brownson, 73. Rev. Henry Neville Do pontifical laws oblige the faithful though only promulgated at Borne ? 73. CHAPTER VI. ANTI-SOCIAL PBINCIPLES .OF POPEBY. Oaths Dr; Murray, 75. Reiffenstuel's jus Canonicum, de Haereticis quoted, 76. De jurejurando, 77. Rev. David Moriarty, 78. Oath of allegiance enabling power, declaring power, dispensing power. Pope cannot release from oath of allegiance, but may declare under what circumstances it is removed, 78, 79. Burke, Paley, Suarez, Bellannine, referred to, 80. It would be well for the Sovereigns and subjects of the world if decision as to questions of allegiance were left to the Pope, 81, 82. Who is the best judge to decide on the cessation of a moral duty, 83. Case of Pope Pius V. and Queen Elizabeth, 84. A Catholic should feel his conscience at rest when acting in accordance with a decision of the Pope, 85. The Pope's Altum Dominium, 86. The Pope's declaratory power as between Sovereign and subject, 87. The Pope may teach men when they should obey and when they should rebel, 88. Case of the Queen's Colleges in Ireland, 88. Rev. W. Jennings Oaths ceasing to bind, relaxation of Pope's declaratory power, as to, 88-9. Effect of the Pope's declaration, that an oath has lost its binding force, 90. Pius V. and Queen Elizabeth, 91. Rev. Ed- ward Fagan, Dunboyne student, 93. Rev. Daniel Leahy, 94. Pope's indirect temporal power, by reason of his absolute power over the souls of men, 95. Thinks duty of allegiance not strongly enforced at Maynooth Oath gainsaid by witness when taking it, 96. Mode of taking oath Protestant king a heretic, 97. No in- struction in Maynooth as to duties of subjects, 98. Butler's "Cate- chism," 99. Rev. William Burke Oath of allegiance, 101. Students feigned sickness to avoid taking it, 102. Dispensing power, 103. Witness's impression Queen Elizabeth, interdict, CONTENTS, XI 104. Delahogue Author, Gallican, professor.TJltramontane, 106. Bailly St. Thomas Aquinas, 107. Causes of dispensation with vows, 108. Dr. M'Hale's evidence in 1826, 110. Vows and oaths, 111. Difference between oaths and vows, 113. Liguori DeLegibus, respecting faith and morals, 115. Rev. Henry Neville Allegiance, 115. Oaths and vows generally, 120. Some oaths impose no obligation : some may be invalidated by Superior Sovereign and subject Pope and his spiritual subjects, 120. Reiffenstuel Formal oaths taken by officials Those to respect Protestant Church in Ireland may be held not to have imposed any obliga- tion, 121. Professor Neville, Dr. Anglade, 122. Declaratory or dispensing power, 123. CHAPTER VL SECTION n. PERSECUTION. Borne distinguishes between material and formal heresy,124. Martyrs in time of Queen Mary : which were they ? 125. Roman Catholics had to decide, 126. English Protestants are material or formal heretics : some one, some the other, 126. If formal, then, ipso facto, excommunicated, 126. Rome's spirit of intolerance and aggrandize- ment not changed, 127. Bailly The Index Rev. Henry Neville Punishment of heretics, 128. Heresy material and formal, 129. Does the Queen come under the latter denomination ? Bailly, as to formal heresy, referred to, 130. These questions discussed at Maynooth, 131. Excommunication, its nature and effects Major excommunication, 132. Minor excommunication, 133. Protest- ants, how far under excommunication, 134. Dr. Murray on the punishment of heretics, 135. Spiritual punishment, 136. Dens' "Theology," 136. Rev. D. Moriarty, 137. Dens' "Theology," 138. Made a conference-book for clergymen, 138. Dr. Murray, 139. Dens ; too much made of him, his arguments as to temporal punishments of heresy, 139 John Huss and the Council of Con- stance, 140. But opinions of canonists and theologians against Dr. Murray, 141. Coercion of heretics Rev. J. O'Hanlon Church possesses that power, 142. Mr. Flanelly as to treatment of heretics, 143. Rev. C. M'Auley Church can only use spiritual weapons, 144. Menochius and Maldonatus referred to. XU CONTENTS. CHAPTER VII. PAPAL INFALLIBILITY, WHAT IS IT? WHEHE DOES IT BESIDE? WHAT DOES IT INVOLVE ? Is it in the Pope without the Council ? Council without the Pope ? or the Council and Pope united ? 145. Eev. G. Crolly as to infallibility, 146. His teaching as to Gallican liberties Extract from Father Peronne, 147. Jansenistic controversy, 148. Papal mode of silencing disputes, 149. Majority binds the minority, even in articles of faith, 150. Eev. Thomas Furlong, 151. Sense in which the infallibility of the Pope is held by those who adopt that opinion, 152. More decided bias now prevails in favour of infallibility, 153. Eev. W. Jennings on the same subject, 153. CHAPTER VIII. \ THE ANTI-NATIONAL OE DISLOYAL TENDENCY OF POPERY. Eeport of the Commissioners, 154. Its practical value, 155. Eev. D. M'Carthy, as to Dr. Delahogue's proposition, 155. Power dispensing, declaratory, enabling, spiritual, temporal, 155. Eev. J. O'Hanlon power of the Pope, 156. Bull Caend Domini, 156. Not of authority in Ireland, by being printed in Dens' " Theology," 157. Eemarks thereon, 157. Eev. Dr. Crolly Gallican liberties, Papal infallibility, decrees of discipline, binding upon all, 158. Publication of the Pope's decrees, 159. Mode of ascertaining the publication of such decrees, 160. Must go to the bishops, 161. No register information might be got from the newspapers, 161. The Pope and the Queen's Colleges, 162. Obedience due to the Pope, 163. He must have control over education, 164. Queen's Col- leges, 164. Pope may proscribe in toto bad system of education, 166. Eev. H. Neville ; Dr. Murray, 167. Ireland a missionary country, 167. His recommendations, 168. The Pope a guide and director, 169. Eev. T. Furlong ; jurisdiction of Pope in faith and morals, 170. Can interfere when politics come within province of morality, 171. Priests in temporal matters; what is sin, 172. Eev. W. Jennings ; the Pope ; his authority ; is expounder of morality, 173. Eev. J.O'Kane,l74. Bellarmine St. Thomas, theangelic Doctor Mediaeval constitution of society Brownson'sEeview, 175. Eev. D. Leahy, no instruction as to allegiance, 176. Pope's temporal power over men by reason of his control over their souls, 177. Eev. D. L. Brasbie, 177. Duty to the Sovereign Oath of allegiance, 178. CONTENTS. Xlll Instruction as to, 179. Mr. Brasbie's impression, 180. Mr. Kenny's sermon, 180. Emancipation festival, 181. No teaching contrary to allegiance, 182. Removal of the manuple before the Domine salvum, the reason given him for it, 182. What the course in Roman Catholic countries, 183. Thinks neither king nor Queen were prayed for at Maynooth College, 184. Rev. J. O'Callaghan ; why he left the Church of Rome, 184. Lost faith in her doctrines, 184. Loyalty not infused Hatred of Protestantism, 185. Mr. Hawke's speech, 186. Taking oath of allegiance, 187. Seditious nature of Hawke's speech, 188. Case of student arrested and bailed before the Duke of Leinster, 189. Rev. W. J. Burke ; left May- nooth a rebel of the first water, 189. Canon law Heresy Bailly, 190. Foot-note, Dr. Cullen, deposing power, " the Nation," 190. Third Lateran Council, 191. Butler's Catechism, 192. Christian burial not denied in fact, 192. Mass generally said if 2s. 6d. paid, 193. Professor and the manuple, 193. Oath Creed of Pope Pius IV., 194. Third canon of Fourth Council of Lateran, 195. De- crees not affecting faith or morals, are they binding ? 196. Marri- age decrees of Council of Trent, 197. Reasons which led to witness's disloyalty, 198. " Key of Heaven," prayer in, not used at May- nooth, 199. Nor that in the " Vade Mecuum," 200. Still thinks it not consistent with Catholic usage to pray for the Queen, 201. Romanism accommodates itself to every clime, 202. Dr. Butler, 202. Prayer may not be offered up for Protestants in the Mass except for their conversion, 203. Rev. H. Neville. Catholics may pray for heretics under excommunication exception, 205. Usage to pray for the Sovereign, 207. Custom of praying for the Queen at Maynooth, 208. The manuple, 208. The manuple when re- moved, 209. Excommunication, 210. Allegiance, how far affected by it, 211. Legal obligations Reiffenstuel, 212. Lateran Council Cabassutius, 213. Council of Trent, 213. Liguori pontifical laws published at Rome bind the whole world, 213. CHAPTER IX. MISCELLANEOUS POINTS. ENGLAND, India, the Colonies, the United States of America, and May- nooth Dr. Moriarty, 216. All Hallows College, source of its revenue, 217. Other institutions, Carlow College, Waterford Col- lege, 218. Foreign Colleges present Roman Catholic Archbishop of Calcutta educated at Maynooth, 219. United States, 220. Placards and tract distributors Rev. Dr. Murray, 221. Rev. D. XIV CONTENTS. L. Brasbie, 222. Tbe Catholic Emancipation festivity of 1829, the Mulgrave festivity of 1836, 223. Eev. D. L. Brasbie, 223, 224. Rev. W. K. Biirke. Allegiance, Protestant monarchs, 225. Quotes song sung at Emancipation festival of 1829, 226. Mulgrave festival, 227. Mr. (now Dr.) Whitehead's speech, 227. O'Connell's health proposed, 229. Student arrested for sedition, 230. Dr. Murray, Lord Normanby Speech of Dr. Whitehead not made, 231. Dr. Whitehead denies he so spoke, 232. Singing, cheering Mr. O'Connell, 233. Dr. Renehan, Lord Mulgrave's visit, 234. O'Connell's health proposed the student O'Sullivan, 235. Dr. Gaffney, 236. Grievances of the charge against Dr. Whitehead, 237. Recapitula- tion of some points, 238. CHAPTER X. SOME PRACTICAL EEMABKS OFFEBED. RESULT of the inquiry, a " mockery, delusion, and a snare," 239, Nature of the inquiry nature and grounds of opposition to the grant, 239. The Commissioners, the witnesses, the Digest, the confessional, Mr. Spooner, &c., 240. APPENDIX A. IRISH Act of 1795, legalising the establishment of one Roman Catholic College in Ireland, 245. APPENDIX B. IEISH Act of 1800, for the better government of Maynooth College, 248. APPENDIX C. AN Act to amend the two former Acts, 1808, 252. APPENDIX D. AN Act to amend the three Acts printed in Appendix A., B., and C., 253. CONTENTS. APPENDIX E. COMMISSION for inquiring into the management and government of the College of Maynooth, 259. APPENDIX F. COMMISSION extending the duration of the Commission for inquiring into the management and government of the College of Maynooth* 260 APPENDIX G. ANSWEBS of Dr. Murray to Paper E. of the Commissioners, 262. APPENDIX H. FUBTHEB Extracts from Evidence of Students, 274. APPENDIX I. LIST of Witnesses examined before the Commissioners, 280. APPENDIX K. VATTEL, as to the danger of allowing Popery to have control in matters of religion, 281. DIGEST THE MAYNOOTH COMMISSION REPORT. INTEODUCTOEY EEMAEKS. FAIRNESS and impartiality have been amongst the first objects of my attention in compiling this Digest. Brevity, consistent with perspicuity, amongst the next. It has been my desire rather to act as a judge presenting the entire case, with the evidence on each side, for the con- sideration of the jury the British public than to distort evidence to serve any political, sectarian, or party purpose. I have, therefore, sought to present the strongest as well as the weakest portion of the evidence on each side, as affecting the points which form the peculiar subject of the Digest. Her Majesty's Commissioners state, in submitting their Report, that they have dealt with the subjects of their inquiry in the following order : " First. The government and management of the College. Under this head we have endeavoured to ascertain the num- ber of Roman Catholic priests supplied by it, and whether such supply is more or less than adequate to the wants of the Roman Catholic Church in Ireland. " Secondly. The discipline of the College. " Thirdly. The course of studies, embracing under this head the consideration of the Dunboyne establishment, and 2 INTRODUCTORY REMARKS.. also the teaching upon the several questions indicated above. "Fourthly. The effects produced by the increased grant conferred by Parliament in 1845." Of these four heads, it is to the third that the Digest chiefly relates, and that for obvious reasons. 1. Though much interesting and important matter is given in evidence under the first heading or division, yet it is not with the government of the College, nor with the exact number of the priesthood supplied, nor whether they be more or less than adequate to the wants of the Roman Catholic Church in Ireland, that Protestants desire mainly to deal. Their objections rest on principle, and can never be re- moved by altering or improving any matters of detail. These objections may be variously stated. Some object on the simple ground that it is not right for individuals or nations to teach, any more than it is for them to do what is wrong ; others, that the State has nothing to do with the endowment of any religion ; and yet more upon the high ground that with the light of Holy Scripture before us we are guilty of a national sin in endow- ing the Anti-scriptural system of Popery ; that doing so is calculated to bring down Divine judgments upon the nation ; and that, consequently, the grant must be withdrawn if we would as a nation avoid the curse and enjoy the favour and blessing of Almighty God. Thus, from whatever quarter the opposition comes, it comes in the shape of an objection to any grant to Maynooth College quite irrespective of those points which are touched on in the first of the four divisions. The same remarks apply to the second, which refers to the discipline of the College. And to the fourth also. For as regards the fourth, is it not obvious to any one that the grant of 20,OOOJ. or 30,000/. a-year for ten years, to ELECTIONS. 3 improve the education and augment the comforts of the professors and the students of a college, must have produced results more or less beneficial, unless squandered with the reckless improvidence which has characterised our Oriental expedition, and led to those appalling consequences which have astonished Europe ? Accordingly, we find some improvements carried out, and more attempted. It is, then, to the third division attention is chiefly di- rected, viz., the course of studies, and the teaching upon several questions. I have often desired to give larger portions of the evidence in extenso, and felt the impossibility of condensing it without doing an injustice to the lucid arrangement of the matter, or the line of argument entered upon by the witness. Still imperious necessity required me not to re -produce the whole evidence, but so to condense and arrange it, that it should be a fair representation of the views and opinions expressed, though all of the reasons and arguments may not in every case be given or repeated. ONE CHIEF POINT IS, TO KNOW WHAT POPERY, TAUGHT AT MAYNOOTH, PRACTICALLY DOES IN IRELAND, AND is DOING ELSEWHERE. Let us, therefore, take some of its developments ; and as, possibly, a general election may not be far distant, see what may be expected as the development of Popery at the hustings. ELECTIONS. How does the matter stand upon this point ? Why thus that the influence of the Romish hierarchy and Romish priesthood may be so brought to bear upon the electors, that the House of Commons may thereby become influenced, and the Cabinet consequently influenced, and that the whole policy of the nation therefore may be moved or influenced by the machinations of the Vatican. The unchanged nature of Popery, and its daring aggressiveness, have B 2 4 ELECTIONS. aroused our Transatlantic brethren to see the dangers to which their liberties are exposed from the long con- tinued, well directed, and united efforts of the Papacy. A KNOW-NOTHING PARTY, based, however, upon a know- ledge of what Popery has done, and is capable of doing, if opportunity favours has been formed in the United States of America. The citizens of that great Republic, with their ardent attachment to liberty, have felt they may give Rome too much license and power. They have therefore deemed it a bounden duty to unite in defence of the rights and liberties of their native or adopted home, against the aggressions of a system grasping after su- premacy; a system which ever demands toleration for itself, but never concedes toleration to others, when with a good grace it can avoid doing so. To the subject of Popery as influencing elections, the Commissioners make no reference, unless it may be con- sidered as included in the group of subjects referred to in the marginal note at p. 64 of their Report, which is in these words : " Teaching in Divinity classes upon questions in which the interests of the State and of general morality are concerned." CHAPTER I. PAPAL POWEE AND INFLUENCE. ELECTIONS. COMMENCING, then, at this point, with the Minutes of Evidence taken under the Maynooth Commission, we find, at p. 11 of Part H., The Rev. J. O'HANLON, in reply to Question 147, "What is the doctrine taught in Maynooth College on the subject of the authority of the Pope or the Church in matters of a civil or temporal nature ? " stating as follows : " We teach in Maynooth that the Pope has no temporal power whatever, direct or indirect. We have affirmed that doctrine upon our solemn oaths, and we firmly maintain it in the College of Maynooth. We hold the same doctrine in regard to the Church." The same witness, in Answer 148, admits, that "the dis- tinction between temporal and spiritual affairs, is sometimes a very nice one ;" and that " it is no doubt a troublesome question;" and that some matters are not necessarily either of a purely spiritual, or purely temporal nature. In his argumentative reply, while distinguishing between matters spiritual and matters temporal, and attempting in some degree to define the nature and the boundaries of the two, he observes : Distinction between matters spiritual and temporal. " The power, therefore, which the Church exercised during the three first centuries, must have been spiritual power, and as power takes its denomination and character chiefly from the nature and quality of the objects about which it is conversant, the objects in reference to which the 6 PAPAL POWER AND INFLUENCE. authority of the Church was at that period exercised must have been spiritual. I have a right, therefore, to conclude, that all the matters which I find regulated by the Church during the interval between the death of Christ and the conversion of Constantine the Great, are of a spiritual nature. Those are the chief principles which I have dis- covered in my reading as tending to throw light on a subject which has embarrassed considerably not only Catholic but Protestant writers. It cannot be necessary to observe that, besides matters of a purely spiritual or temporal nature, there are others of a mixed character. By mixed matters we mean such as involve a twofold primary and direct relation, one to the worldly, and the other to the eternal happiness of man." In course of answer to Question 149, we find : " Every vote for a Member of Parliament is a tem- poral matter" .... but it may " become also a spiritual matter, because its direct and immediate effect may some- times be the commission or avoidance of sin." The whole of this question and answer stands as follows : Whether voting at Elections be a spiritual matter or temporal. P. 12. 149. "Suppose that of two Members of Parlia- ment one would be disposed to establish the Roman Catholic religion in Ireland, or to do it great service, and the other would be perfectly indifferent to the matter, or perhaps hostile, would a vote for him from other motives be a temporal or a spiritual matter, supposing both in other respects were equally eligible for discharging the duties of Members of Parliament ? A vote from other motives for the party who is supposed to be indifferent, or hostile, would be a temporal matter, decidedly. In fact every vote for a Member of Parliament is a temporal matter, its immediate end or object being to invest a man with a trust or privilege to be exercised to some extent or other for the worldly benefit of the people. A vote, however, for a Member of Parliament may become also a spiritual matter, because its direct and immediate effect may sometimes be the com- mission or avoidance of sin. In the case supposed, I should think no Catholic priest or layman would hesitate to vote for the man who is disposed to favour and protect Catholic interests in Parliament, and is in every other respect as well THE PRIEST AND VOTER3 AT ELECTIONS. 7 qualified and as well inclined to discharge the duties of a Member of Parliament as the party who professes indiffer- ence or hostility to those interests. 150. "Is that vote a spiritual or a temporal matter? Whether that vote be a purely temporal or also a spiritual matter, depends upon the question, whether a Catholic is bound under pain of sin to promote by his vote the temporal furtherance and advancement of the Catholic Church. I should think that he is not obliged to do so, and, therefore, I should say the vote in question is a temporal matter." Duties of Priests with respect to Elections. P. 13. 154. " The priest is not competent to inflict any censure of the Church," to strengthen his advice as recom- mending a candidate. 155. " Yet, absolutely speaking, he would be warranted in withholding any sacrament of the Church from a man, by reason of his preferring one candidate to another, because a priest is not only warranted, but bound to withhold the sacra- ment from a man who is disposed to commit a mortal sin ; and as the case may absolutely arise in which a person, by preferring one candidate to another, would exhibit that dis- position, a case may consequently arise in which the priest would be not only warranted, but bound to withhold the sacraments, from a man by reason of his preferring one can- didate to another. But, practically speaking, the case can but seldom occur, if it be assumed, as I do assume, that the two or more candidates are qualified for a seat in Parlia- ment ; because it can only occur where the superior fitness of one of the candidates is notable, decided, and undeniable. It is only in that case that the electors would, in my opinion, be bound, under the pain of mortal sin, to prefer one candi- date to another." With regard to teaching electors their duties, we find that, " if his congregation consists of simple persons, the priest is warranted to call on them to vote for a particular candidate. He is not only justified, but bound to particu- larixe that candidate." " The case in which a priest would be warranted in saying, ' I would refuse the sacrament to any man who voted for A or B, can happen but rarely.' It might be a duty to vote for C, in case C might be in a condition to carry some great and important public measure, such for instance, as 8 THE PRIEST AND VOTERS AT ELECTIONS. Catholic Emancipation. In such a case, which probably will not occur once in 500 years, the priest would, I think, be justified in refusing the sacrament to electors who refused to vote for C." The following questions and answers are given in ex- tenso : Priest recommending Candidate from the altar. 157. " As to -teaching them their duties, there are two modes in which it may be done abstractedly, and with reference to a particular man. I may say, ' Vote for the man you think the best candidate,' or I may say, ' Vote for A. B., because I tell you he is the best.' Can the latter be properly done from the altar ? I should make a distinction there. If his congregation be composed of persons as intel- ligent and as capable as himself of pronouncing on the relative fitness of the candidates, I should say that he ought not to refer to a particular man, but simply announce it to be their duty to vote for the party whom they conscien- tiously believe to be decidedly the best candidate ; but if his congregation consist of simple, uneducated, ignorant people, who are totally incompetent to decide on the merits or quali- fications of the candidates, I maintain that the priest is warranted to call upon them to vote for a particular person, provided that this person's superior fitness is clear, decided, and unquestioned by the intelligent and enlightened portion of the community. It is the inalienable right and strict duty of the priest to remove the ignorance of his people, particularly in reference to those duties upon the perform- ance of which the public good depends ; it is his business to place them in a position in which they shall be able to dis- charge those duties properly. In the supposition made, the people cannot be placed in that position, if the priest do not particularize the candidate whom he considers the best quali- fied ; and, therefore, in the supposition made, he is not only justified, but bound to particularize that candidate. Any- thing bordering on denunciation of this or that party any- thing like personal abuse I reprobate as strongly as any man, and I regard such proceedings as disgraceful to the priesthood and most detrimental to religion. 158. " Supposing he said, 'I would refuse the sacrament to any man who voted for A or B ? ' The case in which the priest would be warranted to conduct himself in that THE PRIEST AND VOTERS AT ELECTIONS. 9 manner can, as I have stated, happen but rarely ; besides the case which I have already indicated, I cannot conceive any other, except, perhaps, the almost metaphysical one, in which C, though personally not more qualified than A or B, might, in consequence of his political connexions or other accidental circumstances, be in a condition to carry some great and important public measure such, for instance, as Catholic Emancipation. In such a case, which probably will not occur once in 500 years, the priest would, I think, be justified in refusing the sacrament to the electors who would refuse to vote for C. 1 59. " Do you think that it is a doctrine to be adopted, that the priest should preach that from the altar, and that he should refuse the sacrament to a person voting in a par- ticular way ? I think it is not, except in the rare and extreme cases just specified. Ordinarily it would be mon- strous for him to announce any such doctrine, or to pursue such a course of conduct. P. 14. 163. " Does not see why the priest should be debarred from inculcating that duty from the altar, more than any other moral duty." Case of ignorant voters. 165. " You consider a priest has no right to impose a duty upon him of voting contrary to his opinion ? As- suming that his opinion is based on prudent grounds, and that he is as well qualified to form an opinion as the priest himself, the latter has no right to impose a duty upon him to vote contrary to his opinion. The case is different with simple, ignorant people a very numerous class in Ireland who are utterly incompetent to form any rational or decided judgment on the matter, without the aid or advice of some intelligent person. Speaking of this class of persons, I think the priest is not only authorized, but bound, to prescribe the course they should pursue, if, after deliberately and dispas- sionately weighing the relative merits of the candidates, he is convinced that it is the duty of the electors to vote for this or that particular person. I don't mean to say that every priest proceeds in this cool, deliberate manner, or to imply that, even when he does, he is not liable to err ; for I believe that priests, with the best intentions, and proceeding in the most cautious way, have been often instrumental in returning 10 THE PRIEST AND VOTERS AT ELECTIONS. men to Parliament who were the very persons whom the electors should not have supported. P. 15. 173. " It is the moral duty of an ignorant man to vote as the priest directs him, until he finds some safer guide. 174. "How is a man's degree of information to be mea- sured, so as to ascertain whether he ought to be guided by his priest in this matter or not? It is difficult, if not impossible, to give a precise mathematical rule for deciding that point in every particular case. It is often, however, easy to know whea his ignorance is such as to render the guidance of the priest necessary ; when, for instance, he is totally incompetent to form any opinion on the relative merits of the candidates, or when he is found to have formed opinions manifestly erroneous and absurd. 175. " Who is to decide that question, whether they are in- competent themselves or the priest ? The electors them- selves frequently feel and acknowledge their incompetency. The priest, or any other man of intelligence acquainted with the people, can have no difficulty in deciding the question. 179. " Will you generally state with what limitations you hold that the priest may interfere in such a matter ? As often as the priest is rationally convinced, and morally certain that the electors are bound under pain of sin, to vote for this or that particular candidate, so often is he (the priest) not only warranted, but bound to interfere in such matters. He is authorized in this case, and in this case alone, to employ his sacerdotal authority. 180. "Would it be a sin for the members of his flock to disobey their priest in his injunction to vote on such an occasion ? If you suppose the case that I have just made, it is evident that they would commit sin by not following the injunction of the priest." Cases where sin would be committed. 181. "If they thought it would be a sin, it would be a sin ? Most assuredly. 182. " If they thought it was not a sin, it would not be a sin ? If they thought it was not a sin, on prudent and rational grounds, it would not be a sin ; but they cannot base their opinion on such grounds, when the priest has a rational, THE POPE, THE BISHOP, AND ELECTIONS. 11 moral certainty that they are bound, under pain of sin, to vote for the party whom he recommends. 184. " It is not a spiritual duty to obey the priest implicitly, is it? If the priest calls upon his flock to refrain from a certain act, as being sinful, it is their duty to obey the priest implicitly, unless they have reasonable grounds for not acquiescing in the opinion of the priest. Accordingly, if the priest announces that it would be sinful to vote for a certain candidate, and therefore enjoins the people not to vote for him, every elector is bound to obey the priest, unless he is in a condition to say that the priest has taken a wrong view of the matter. In every case in which the priest prohibits his flock to vote, because he is rationally persuaded that they could not vote without a violation of the law of God, I maintain that he is not interfering in temporal, but rigorously confining himself to spiritual matters. P. 17. 187. "Should you think it the duty of the priests, supposing any advice came from the Pope as to any elections, to direct the whole power of their authority in favour of one set of candidates, to act upon those instructions ? I should think the Pope would be bad authority in such matters. To be able to give an advice worthy of attention, he should be well acquainted with the circumstances of this country, with the position of our political affairs, and especially with the characters of the several candidates. Of these particulars the Pope knows little or nothing, and, therefore, as to the expediency of supporting this or that set of candidates, I should rather take the advice of an intelligent, unbiassed, and good Catholic layman in Ireland. 188. " It would be no part of their canonical obedience to the Supreme Head of the Church to attend to such instruc- tions ? Certainly not. As the Pope is not in a condition to judge of the absolute or relative merits of the candidates, the utmost he could do, if he thought proper to interfere in such matters at all, which is one of the most unlikely things in the world, would be to propound the abstract general doctrine, that priests and people are bound to support the best qualified. 189. " In reference to the bishops, if they give any instructions to the priests within their several districts to take a certain line of conduct as to the elections, would it be a part of their canonical obedience to follow such instruc- tions? If the bishop issues instructions of an obligatory 12 THE POPE, THE BISHOP, AND ELECTIONS. character, the priests are bound to follow such instructions. But the bishop has no right to give instructions of an obli- gatory nature, unless when he has strong and evident grounds for believing that his people, by not voting for a particular candidate, would commit sin. 190. " The judge of the evidence upon that case must be himself? Of course. 191. " Whenever he thinks it evident that he ought to do that, he may ; and canonical obedience would be imposed ? Yes ; unless there was clear and decisive reason for con- cluding that the bishop had mistaken false for true evidence. 192. " Would the canonical obedience be obligatory ? Yes ; because the bishop has a canonical right to command his priests to prevent the electors from voting in such a way as would involve them in the guilt of sin. 193. " In such a case a priest would be under the oath of obedience to his superior ? A priest takes no oath of obedience to his bishop ; he would, however, be under the promise of obedience, which he made on the occasion of his ordination, provided that it is clearly a case in which the electors, by not pursuing the course indicated in the instruc- tions of the bishop, would commit sin." Rev. G. CROLLY, Professor of Theology. In the evidence given by this witness, Part II., pp. 34, 35, we have the following questions and answers : 56. " You are aware that there are many transactions of a civil nature which have a spiritual effect more or less ? Many. 57. " And that many transactions, therefore, from their nature, must rather lie dubiously between the jurisdiction of the Church and of the civil power ? In point of fact, I think the distinction exists clearly : that individuals may not be well able to point it out, I admit. 58. " There are certain cases, for instance, the neglect of a religious duty, over which the Church would have an undisputed control ? Certainly. 59. " But there are certain other acts which would have more or less an effect upon the welfare of the Church, or upon the moral condition of the State, which are in their nature temporal, but which, by reason of their results, may be considered as bordering upon the spiritual. In that case THE POPE, THE BISHOP, AND ELECTIONS. 13 how would you draw the line ? Would you conceive the Church to have an absolute control over such acts ? I draw the line in this way, I say that those subjects are spiritual, about which the Church can make laws, excepting her own temporal property, which she can also regulate. I say, generally, that those things are spiritual which tend directly to the sanctification of the soul, and also those upon which the Church can make laws as I stated in the beginning. The Church can interpret the natural and divine laws, and enforce the observance of their precepts ; she can, moreover, make laws for her own internal administration, and for the sanctification of her members ; and, therefore, that is spiritual upon which the Church can legislate. That upon which she cannot legislate, or which does not tend immediately and directly to the sanctification of the soul, is not, of its own nature spiritual ; but I say, that beyond that which is spiritual of its own nature, the Church has an undoubted right of teaching the divine law, even when it has temporal things for its object, and of looking to the conduct of her members in regard to it, and of inflicting punishments upon them that is, her own spiritual punishments, as St. Paul punished the incestuous Corinthian. Therefore, when it is said that the Pope has no temporal power, I mean that he can make no temporal law, can depose no Sovereign, or exercise temporal jurisdiction anywhere except in his own states ; but, at the same time, he can teach his spiritual sub- jects, no matter who may be their temporal Sovereign, the Catholic doctrine, regarding faith and morals that being always his essential right ; he can teach them also what the natural or divine law declares to be right or wrong, even when it has temporal matters for its object. For instance, he can teach the decalogue, and a large portion of the deca- logue is occupied with temporal matters. Thus, he can teach us that we must not steal our neighbour's property, which is a temporal matter ; but he cannot make a civil law about property, as, for instance, that upon marriage the property of the wife shall become the property of the hus- band. This can only be done by the temporal legislator. But the Pope can command the observance of the natural, divine, and of all just human laws, even when they are con- versant about temporal things. Because, to teach the duty of rendering ' honour to whom honour, and tribute to whom tribute is due,' is spiritual teaching ; and the fulfilment of 14 THE POPE, THE BISHOP, AND ELECTIONS. those duties, if performed in a proper spirit, tends to the sanctification of the soul. 60. " Because, for instance, the sway of one Sovereign over a particular country would be advantageous for the interests of religion, and, therefore, of morals he could not consider that as a spiritual act, and, therefore, exercise any control over such a result ? No." Voting at Elections a purely temporal act. 61. By the same reasoning, could -a priest exercise any control over the action of an elector, who constitutes part of the sovereign power of the state in which he lives ? With regard to that question, I say first, from the explanation I have already given, that the act of voting at an election is purely a temporal action, and I prove it in both the ways I have pointed out. First of all, the Pope can make no law about it : he can make no law regulating the mode of voting at elections, nor can the Church either, besides it does not tend directly to the salvation of any one's soul to vote at an election ; but in its consequences it tends to the contrary very often. Therefore, if that be not a temporal action, I would like to know what is. It is not enough to make an action spiritual that we must answer for it to God, because, for every action of a man's life he is answerable to God. The act of voting is a purely temporal action, ordained imme- diately, and of its own nature, for the good of the body, and not immediately ordained for the good of the soul. 62. " Therefore, you hold that, though it would be per- fectly open to a priest to give advice to an elector in the exercise of his franchise, as in the case of any other temporal transaction in which he was engaged, he would not be justified in considering it as an act in which he was entitled to impose it as a matter of religious obedience ? He could not impose it as a matter of religious obedience at all. 63. " The priest does not act as Christ's minister, or by his authority, when he identifies himself with a mob at an elec- tion. The layman is not therefore bound to obey the priest under pain of sin Indeed, I know that the Pope has ex- pressed strong disapprobation of the part which some priests have taken in elections. P. 37. 64. " Even though its effects might be indirectly for the advancement of the Church, still the exercise of the franchise, being a temporal act in its original nature, it THE POPE, THE BISHOP, AND ELECTIONS. 15 would be one in which the priest could not make it a sin to act one way or the other ? Yes, it is a purely temporal matter. A man may sin by voting against his own con- science, or, perhaps, the priest may make him sin in this way : he may convince him that he will commit a grievous sin by voting one way or the other, which the priest should not do." The Rev. HENRY NEVILLE, Professor of Theology. P. 56. 185 : " If the matter be certainly attended with great good or great evil to religion, then the priest should interfere, by representing to the laity that line of conduct to which they are bound, independently of his interference. 188. " You used the word ' indiscriminately ; ' what did you mean by that ? I meant, leaving every priest, without distinction, to his own option in the matter. 1 89. " To whose option should it be left ? I think, not to the option of any individual, but to the unanimous, or nearly unanimous consent of the more sensible, and best advised bishops and priests in the particular Church ; for, of course, we speak of questions of public moment." Distinction between power and influence. 190. "You mean that the priest should take advice in a matter of doubt from those whom he thought best com- petent to advise him ? I mean something more than that. I mean, that when there is a real doubt, whether the thing would be of that service to religion that he presumes it to be or not, and, consequently, whether it falls within his province or not when this is really doubtful, because of very wise and prudent persons of his own Church holding the contrary in such case, that since this interference involves a great onus on the laity, he should not interfere. There is a distinction not usually made in this matter, and the omission of which leads to a great deal of misunderstand- ing, namely, not distinguishing between power and influence. We hold, of course, as I said, that the Pope has no temporal power, direct or indirect ; indeed, that, I may say, is the universally prevailing opinion at present ; for, as it is stated in 'Bouvier's Church Treatise 'on this question, the opinion of the Pope's temporal power, even indirect, is not held as a practical opinion at present ; it is a power he could not now practically exercise. Indeed, one of the reasons why it was maintained, and the strongest reason, too, was, that a 16 THE POPE, THE BISHOP, AND ELECTIONS. certain condition on which princes in those times when that power was attempted to be exercised, held their kingdoms, was allegiance to the Holy See : that condition not existing anywhere now, as it were, an essential requisite for the exercise of the power is removed. However, though we admit that the Pope has no temporal power, direct or in- direct, still it is plain to every one, that every priest, every bishop, and the Pope, above all, have great influence; every man of respectability has influence ; every man of education has influence ; every priest has influence ; and it too often happens that the priest is looked upon as ex- ercising a power when he is only using his influence. 191. " Should he use his influence in such a manner as to make it clear to the laity that it was his influence, and not his power, that he was exercising ? Certainly, because power is coercive : the being subject to influence rests with the parties themselves. 192. " Do you think that a priest, speaking from the altar, or in his sacerdotal robes, upon temporal matters, would lead the uninstructed to suppose that he was exercising his power, when, in fact, he was only attempting to exercise his influ- ence ? I think that, unless the priest, by his manner or by his language, communicated the contrary, he would be apt to leave them in that error. 193. "If, in any instances in Ireland priests have inter- fered improperly and authoritatively in temporal matters, that was not owing to the principles they would have received at Maynooth, but must be attributable to other local or per- sonal causes ? Yes : such conduct was directly contrary to the principles which were inculcated in them at Maynooth. I may add, that persons who have examined the matter statistically find, that of the priests who have interfered rather prominently, and, perhaps, unwarrantably in politics, the average majority were not educated at Maynooth. 194. " Are you able to state that fact of your own know- ledge ? I am able to state that fact from having, with one or two others, gone roughly over the list of the priests who were interfering in politics of late years." Rev. Dr. RUSSELL, Professor of Ecclesiastical History, says, as regards voting against the wishes of priests, Part II., p. 66 : 158. " I have always heard public threats to withhold the sacraments in such cases most strongly censured. THE POPE, THE BISHOP, AND ELECTIONS. 17 " Unless the contemplated vote was in itself a sin, the confessor could not withhold absolution. In an extreme case, such as I contemplated just now, when the vote would be clearly sinful, such a course might be lawful, but in ordinary cases certainly not. 1 59. " When you say an extreme case, such as you con- templated, what kind of case do you contemplate ? 1 mean a case in which such conduct, on the part of a voter, would be a clear violation of the law of God." Election votes as to Catholic Emancipation. 160. " Without referring to any particular case, does such a case occur to you as having happened in the history of England or of Ireland since the Union ? It may have occurred with reference to Catholic Emancipation, because there, cceteris paribus, an adverse vote on the part of a Catholic being an active co-operation in maintaining a system of laws devised for the persecution of what he be- lieves to be the true religion, would involve grave moral guilt; and such purpose would disqualify him for absolu- tion. But, again, I must be understood to speak of the priest's giving or withholding private absolution, and not of his publicly threatening to refuse the sacraments to persons who declined to follow his advice. I also abstract altogether from the corrupt motives under which men may act ; as, for example, the influence of a bribe. I am speaking of the thing considered 1 strictly in the abstract. 164. " You make a distinction, do you not, between his authority as a priest, and his influence ? I have already implied a distinction between his authority as a priest, and his influence as a priest. The latter I do not restrict, except by the rules of prudence and clerical propriety ; for the exercise even of this, so far as it is strictly priestly, influence, will be controlled and modified by the conscious- ness of the sacredness of the character to which it is due, and of the ends to which it is destined." Rev. P. MURRAY, D.D., Professor of First Class of Theology, Part II., p. 82 : Authority of the Pope as to Elections. 86. Holds " that the Pope has no authority in elections of 18 THE POPE, THE BISHOP. AND ELECTION'S. a purely temporal character, such as elections for Members of Parliament." ..." But of course the Pope may give his opinion upon any matter, as any man may ; and, of course, whatever the Pope says, is, from his high position, entitled to respect." 83. 90. " Supposing there was a political struggle, say, in this country, in which the temporal interests of the Church might be supposed to be concerned, would the Pope have a hold upon the conscience of a Roman Catholic ecclesiastic in instructing a layman what course he might pursue. For instance, in the case of Catholic Emancipation, could he have ordered the bishops to enforce, through the priests, by spiritual censures, a particular course of conduct upon the electors ? The answer to that question involves the con- sideration of some important principles " It is evident that the co-operation of any elector in the enactment or repeal of any law is extremely small, doubtful, and remote. The case mentioned, that of Catholic Emancipation, is, perhaps, about the strongest that could well be put. There are two candidates, one opposed to Emanci- pation, the other for it. Undoubtedly the Roman Catholic should vote for the candidate who will be for promoting the temporal advantage of his Church.* But the question is, whether he is bound, or whether any spiritual authority could bind him, so to vote in every case. Now, I say that the elector is not bound to vote for the candidate he would prefer, that he may, without sin, vote for "the candidate opposed to Emancipation, if he has just cause for doing so, if he has good grounds for believing that he will be turned out of his holding, or otherwise seriously oppressed by his landlord, or that he will suffer any other grievous harm in * Note subsequently added. That is, he should so vote, if there be no special reason for the contrary. This condition is supposed here, as being sufficiently intimated in what immediately follows in the present answer. Indeed it forms the ground-work of much of what is so dis- tinctly insisted on in the answers to subsequent interrogatories, as well as to the present. The condition would enter not only in the case of grave incommodum, or serious harm, stated by-and-by, but also in the case where the above-named temporal advantage would be no spiritual advantage, or, worse still, injurious to the interests of religion. A State endowment of our bishops and priests in Ireland would be a very decided temporal advantage ; but many people say whether rightly or wrongly is immaterial at present that it would be attended with as decided spiritual disadvantages. In their view of the matter it is pretty clear what a voter is not bound to do. THE POPE, THE BISHOP, AND ELECTIONS. 19 consequence of his voting otherwise. And I conceive that no priest, or bishop, or Pope, could compel that man, in such circumstances, to vote for the Emancipation candidate. 84. 94. " Supposing the elector were not exposed to any persecution, can the priest then denounce him ? No ; I do not think it is proper to denounce individuals in any case. There is a great difference between a point that is immedi- ately, and one that is but remotely, connected with the interests of religion." Proper case for Clergymen to interfere. " Suppose a candidate announced that he would vote for a new penal law, which would prevent clergymen from officiating and discharging their proper functions, that is a case in which the priest could very properly exhort the people not to vote for that man. That is a case tvhich comes so clearly wit/tin the province of religion, that I should suppose no man could deny the right of the priest to speak against the promotion of a measure so fatal to his oivn Church ; but in that case, I do not believe a priest would act properly in compelling, by any spiritual censure, an elector to vote against the promotion of such a measure, when his so voting would be injurious to himself." With reference to clergymen taking a part in political agitation, Dr. Murray adds, p. 86, in reply to question 99, " Excepting Hhe ordinary business of life and abundance of hearty recreation (and I would give him abundance of it) the proper place for a missionary priest is his mission. When he goes out of this, he is out of his proper sphere. The rule then is no political agitation for him. There may be exceptions to this, but they should be very clear to be acted on ; and even then the priest should enter into the strange sphere with reluctance, act there with meekness and charity, and return back to his own with all possible speed. But the rule is stick to the sanctuary, the altar, the pulpit, the confessional, the sick-bed, or to whatever else his spiritual mission may draw him. All this, and a great deal more to the same effect, I said in that lecture. I don't know what influence it had. The doctrine is not a very popular one ; and the publication of it in your Minutes will, no doubt, raise some angry voices against me ; but I don't care for that." C 2 20 THE POPE, THE BISHOP, AND ELECTIONS. Rev. THOMAS FURLONG, S.T.P., P. 100, 101. 185. "Supposing the Pope were to threaten the clergy with excommunication if they did not obey the command referred to with regard to the temporal affairs of this king- dom, would they be under obligation to obey that command or not ? The fixed principle from which every answer to a question of that kind must flow, is, that the Pope has no power whatever in temporal matters in this country, that is to say, no power of jurisdiction he has no power of juris- diction as a temporal sovereign. . . . But he has a right to direct as in the way of deciding whether any moral act is or is not in conformity with the principles of the Gospel. 186. "Has he" (the Pope) "any control over you except in matters of faith ? And morals. 189. " He could only interfere with politics so far as they come within the province of morals ? Yes. 191. "Has he" (the priest) "any authority, except where the question is one of faith or of morals ? No. Of course the exercise of the elective franchise is a moral duty. 192. "The question is, as a priest, has he a right? As a priest he has no right whatever to command his parish- ioners to adopt any line of conduct no right whatever, only inasmuch as he can explain to them what course of conduct is in accordance or at variance with the obligations of morality. His duty as a parish priest is that of a teacher of morals. 193. " In short, in reference to the exercise of the fran- chise, he would have a right to point out generally what were the moral duties in exercising it, that it should be exercised according to the conscience of the person who enjoyed it ; but he would have no right or power to point out A. B. as a candidate whom the elector ought to support, and by that means impose a mandatory obligation to give that candidate his vote ? A priest may be regarded as a man possessing ordinary intelligence and ordinary oppor- tunities of knowing the fitness of any candidate for the office of representation. He has a right to offer his opinion and advice with regard to the candidate that seems to him to possess qualifications the most necessary and desirable for the fulfilment of the trust to which he aspires ; but should he go further and command his parishioners by virtue of the THE POPE, THE BISHOP, AND ELECTIONS. 21 authority that he possesses to adopt this candidate and no other, he transgresses the limits of his duty." Eev. P. LAVELLE, Dunboyne, Student, Part II., p. 273, 37. " As to the Pope, or a priest, dictating, under spiritual sanction, the course to be pursued by electors, says, 'But I do maintain, according to those principles of theo- logy which I have imbibed during the last six years, that a case might occur, possibly, where they would be justified in doing so.' The priest is "bound to prevent every subject from com- mitting sin." 38. " / think he could not declare it a sin ; at the same time, I would maintain that he was justified in advising his people not to vote for this person." These questions and answers are, in extenso, as follows : 37. " To recur for a moment to the question of elections, would it be an intrusion if the Pope himself, or a priest, who, I suppose, has not more authority than the Pope, were to dictate, under spiritual sanctions, the course to be pur- sued ? The answer to that is, that, practically speaking, I think the case can very rarely occur where they would be justified ; but I do maintain, according to those principles of theology which I have imbibed during the last six years, that a case might occur possibly where they would be justified. Suppose the case that a voter is bound to give his vote to one party, that is to say, that he would violate the laws of conscience, or some positive law, and thereby commit a sin against some law of God, or of the Church, or of man, by giving his vote to one, and not to another ; if the priest saw that, the priest would be bound to prevent him, because he is bound to prevent every subject from committing sin. But the case I put of course implies that a person would commit sin by giving his vote in one way and not in another : practically speaking, however, the case can very rarely occur where a priest can, under pain of spiritual censures, prevent a voter from giving his vote one way, or oblige him to give it another way. 38. " You know that there is a large class of subjects in which, to a certain degree, the interests of the Roman Catholic Church would be concerned. Because the interests 22 THE POPE, THE BISHOP, AND ELECTIONS. of the Roman Catholic Church were supposed by a priest -to be concerned, would he be entitled to declare it a sin in his parishioner to vote one way or another, according to his own views ? I think he cmdd not declare it a sin ; at the same time, I would maintain that he was justified in advising his people not to vote for this person. The reason that he could not declare it a sin is, because the Act does not, of itself, necessarily do an injury to the Church. The Church, of course, is a society, and an injury done to her is a sin as an injury done to any other society ; but the injury arises from this Member's own act, and not from the act of those who return him : therefore, I do maintain that it is not a sin, because the injury resulting to the Church is not from the voter's act, but the act of the person returned, and he is not necessarily bound by their vote to do the injury." Rev. C. M'AUXEY, Dunboyne, Student, Part II., p. 295, refers to the instruction received by him from Dr. Murray, the Professor, under whom he had studied the preceding year, and corroborates, in the follow- ing manner, the statements made by the Rev. Doctor on this subject : Duties of Priests in temporal matters. P. 295. 64. " Then, are the duties of priests, with regard to temporal matters, brought under discussion in any par- ticular part of your theological course ? The only occasion which I recollect at present, in which there was any formal allusion to the subject, was in the course of the past year. Dr. Murray, the Professor under whom I studied last year, was delivering some lectures to us, about the close of the year, as to the regulation of our future conduct on the mission ; and I remember, in the course of these lectures, he alluded to the subject of the interference of priests in politics. In the first place, he told us that as the right of voting altogether was a purely temporal matter, no priest had a right to insist, as to any members of his flock, upon how they should give their votes ; or to dictate to them, or insist upon them giving up their opinions. And then, / recollect, he alluded very strongly to the conduct of some priests about pronouncing that the voters would, in certain instances, be guilty of sin, unless they voted in such and such a way ; and he said that that doctrine could not be admitted; and he BISHOP CANTWELL TO THE CLERGY OF HEATH. 23 explained to us the principles on which he maintained that voters would, in certain instances, be perfectly justified in giving their votes to persons whose politics did not agree with their own. lie condemned, in very strong terms, the conduct of some priests, and the mode in which they dictated to those who were entrusted to their charge; and he also spoke of the caution which all priests should use on those subjects, and that they had no right at all to dic- tate, or use their authority as clergymen, on those sub- jects." It is clear, from the foregoing testimony, that some priests do hold it their duty to pronounce that voters will, in certain instances, be guilty of sin unless they vote in a certain way, with reference to a large class of subjects in which the inte- rests of the Church of Rome would be concerned. Probably this portion of the Digest cannot more appro- priately terminate than by giving the following letter, signed John Cantwell, and dated April 26, 1855. The letter appears in p. 281 of the "Tablet" of May 5, under the heading of " Grievances of the Irish Catholics. The Bishop of Heath's Letter." A short editorial we suppose introduction adds weight to it, and ushers it into public notice : " The subjoined letter, addressed by the Bishop of Meath to the clergy of his Lordship's diocese, appeared in the latter portion of our impression last week. It is unnecessary for us to say a word in order to add to the force of the appeal thus made to the patriotic and religious feeling of the clergy and people, not only of Meath and Westmeath, but of all Ireland : " ' TO THE CLEEGT OF THE DIOCESE OF MEATH. " ' Rev. and dear Sir, When I lately addressed you and the faithful Catholics of this diocese, I deemed it my duty to advert to the great social and religious grievances which, in common with the Catholics of Ireland, it is our sad lot still to endure. I directed your attention in a special manner to the iniquitous laws which enforce the rights without compel- ling the duties of landlords. I ventured to condemn, as 24 BISHOP CANTWELL TO THE CLERGY OF MEA.TH. most unjust and oppressive, the policy pursued by successive Governments towards Catholics in the army, navy, military schools, and all the public institutions of the kingdom ; and also briefly noticed the Protestant Church Establishment as one of the principal sources of all the calamities of the country. Convinced that circumstances rendered the time opportune and favourable, I exhorted you, by county and parochial Petitions, to urge on the Legislature the justice and necessity of full and speedy redress. The slightest re- flection must satisfy every one who takes an interest in passing events, that the silence of the Irish bishops and clergy on grievances which endanger the salvation of thou- sands, and involve the welfare nay, the very existence of the noblest people in the world, is construed by England into a feeling of apathy or indifference. The late Parlia- mentary debate on tenant-right a measure of life or death to the Catholics of Ireland furnishes deplorable evidence of the calamitous extent to which this injurious impression prevails. " ' It is time the bishops, clergy, and people should effec- tually remove a delusion so fatal. Hence I request you will convene a Meeting of your parishioners, to petition Parlia- ment for the prompt redress of the grievances which I have named. I hope that Meetings will be also held in the diffe- rent counties for the same important purpose. The county Meetings will afford an excellent opportunity to your re- spective Representatives to render an account of their Par- liamentary stewardship. Christian charity and moderation will, I trust, characterize all your proceedings. " ' I have the honour to remain, Rev. and dear Sir, your obedient and faithful servant, " ' JOHN CANTWELL. 'Mullingar, April 26, 1855.' " CHAPTER II. BAILLY DISCONTINUED. WITH regard to the discontinuation of Bailly as a class- book at Maynooth, the Commissioners report thus : " The text-books used in the greater portion of the course of dogmatic, and in some part of the course of moral theo- logy, are treatises written by Dr. Delahogue, a French refugee clergyman, formerly Professor of Dogmatic Theo- logy in the College. The text-books in the remainder of the course were, until last year,* the books of Bailly, another French divine ; but the works of Bailly having been placed in the Index of prohibited books at Rome, the Trustees of Maynooth, at their next Meeting, directed them to be discontinued in the College. There has not as yet been any substitution of permanent class-books in the place of the works of Bailly, but the treatises of a living Italian writer, named Scavini, have been provisionally adopted ; with the exception of the subject De Matrimonio, as to which no class-book has been adopted since the discontinu- ance of Bailly. The Professors, however, have in general lectured from the smaller treatise of Carriere, an eminent French theologian." Report, p. 57. About this considerable mystification seems to exist. No one appears to understand clearly why Bailly has been put in the Index. Nor whether he is altogether discontinued, or only suspended, donee corrigatur, as in the case of " Natalis Alexander," Part II. 5, 48. Nor whether any copies of the substituted work, viz., that of Scavini, have yet been sup- * The Report was signed and sealed the first day of March, 1855. The Rev. J. O'Hanlon, giving his evidence October 4, 1853, speaks of Bailly's works as having been then already discontinued. 26 BAILLT DISCONTINUED. plied to the students. Nor whether practically, at this moment, Bailly, though indexed and suspended, is not read ; and whether he will not continue to be read till some other work is selected. A question arises Why was Bailly condemned ? Was it because he was too Gallican ? The Rev. JOHN O'HANLON, Part II., p. 5, 32, is asked " Do you know why Bailly was condemned, and why it was placed in the Index in Home ? " . He answers : " I have no official or positive knowledge why he was condemned ; but if it be necessary to give an opinion on the subject, I should say that he was condemned because he was a decided Gallican. It is perfectly certain that the Gallican doctrines, at least to their full extent, are not acceptable to the Pope. Besides, Bailly has advanced a doctrine on the subject of marriage, which is also distasteful in Rome." The same witness states, 33, that the Index is not received, and therefore imposes no obligation in Ireland ; " but as clergymen belonging to an ecclesiastical institution we feel ourselves constrained to defer to the expressed wishes of the Pope," and that it would be " unbecoming to continue a book which the Pope had disapproved of," 35 ; and he supposes the Trustees ordered the book to be discon- tinued "in consequence of its having been placed in the Index," 36 ; and, again, to question 38, " The placing such a book as Bailly in the Index in the time of Louis XIV., I am sure, would not have displaced it in the French universities? The same witness says, again, as to Bailly, 39, " His Treatise on the Church was never read in the college. All his views upon the Gallican doctrines are contained in that Treatise. 41. " Though Scavini has been prescribed by the Trustees, the students have not been as yet supplied with that work. 43. "I have ordered a copy of it for the libraiy. I have a copy myself. QUESTIONS OX MATRIMONY. 27 45. " He differs from Bailly as to the separability of the contract from the sacrament " of marriage. The questions and answers upon this point, from 33 to 48, both inclusive, are here given in extenso : 33. " Would it be considered, as a matter of course, that any book put in the Index was not to be used in any Roman Catholic College ? The Index is not received, and therefore imposes no obligation in this country. Dr. Murray, the late Archbishop of Dublin, Dr. Doyle, and; as well as I can re- collect, Dr. Curtis, the Archbishop of Armagh, and Dr. Kelly, Archbishop of Tuam, declared, upon their oaths, in the House of Lords, in the year 1825, that neither the ' Bulla Ccenas ' nor the Index was received in Ireland, and I am sure they have not been received since that period. The Index, therefore, induces no obligation upon us ; but as clergymen belonging to an ecclesiastical institution, we feel ourselves constrained to defer to the expressed wishes of the Pope. 34. " It is a matter of discretion rather than of absolute obligation ? A matter of propriety and of deference to the judgment of the Eope. 35. " In an ecclesiastical college, would it not be unbe- coming to continue a book which the Pope had disapproved of? Most undoubtedly. 36. "In this case the Trustees directed the book to be withdrawn after it had been placed on the Index ? Yes : I suppose in consequence of its having been placed in the Index. 37. " The book was discontinued in obedience to the order of the Trustees ? Yes. 38. " Do you imagine that the placing of a book in the Index in former times would have displaced the book, say in theology, in all foreign universities ? I should think not. The placing of such a book as Bailly in the Index, in the time of Louis XIV., I am sure, would not have displaced it in the French universities. 39. " You have stated what you believe to be the reasons why Bailly was put upon the Index : were those parfe of Bailly which the Pope objected to ever read in the College ? His treatise on the Church was never read in the College. All his views upon the Gallican doctrines are contained in 28 BA1LLY DISCONTINUED. that treatise. His treatise on marriage, containing the opi- nion already referred to, was read in the College. 40. " Does this author whose name you mentioned, Sea- vini, supply you with a treatise on marriage ? He does. 41. " Is the treatise upon marriage in Scavini that which is now taught in the College ? / have stated already that though Scavini has been prescribed by the Trustees, the students have not been as yet supplied with that work. 42. " But that book has been used subsequently ? It has never been used in the College. 43. " You have it, of course, in the library? No ; but I have ordered a copy of it for the library, I have a copy myself. 44. " You have not looked into it ? I have. 45. " With regard to marriage, does he lay down any distinct principle ? He differs from Bailly as to the separa- bility of the contract from the sacrament. 46. " That part of Bailly was not read which did treat of the Gallican Liberties ? No ; but we read the entire of his marriage treatise. 47. " The College of Maynooth never, I suppose, taught from any book which was in the Index ? Never, to my know- ledge, while the book remained in the Index, and, with the exception of Bailly, none of the class-books used at any period in Maynooth was ever put on the Index. 48. " Is not ' Natalis Alexander ' in the Index ? ' Natalis Alexander' was placed in the Index, ' donee corrigatur,' just as Bailly has been put in the Index. The work was sub- sequently corrected by Roncaglia, Mansi, and other writers, and is now used not only in France, but in every other country." Rev. GEORGE CROLLY, Professor of Theology, P. 18, 4, is asked "In what points do the doctrines of Bailly differ from those of Scavini, and which have led to the exchange ? Really I could not tell that. I cannot tell the precise reason why Bailly was put on the Index. His Gallican opinions were the cause, I suppose, in a great degree ; but the work in which he puts forward these views was not a class-book in Maynooth. I have heard that a proposition which he lays down about matrimony, in which he maintains that the civil power could institute diriment impediments of matrimony, QUESTIONS ON MATRIMONY. 29 had a share in getting his works put on the Index. This doctrine is very offensive to Rome. I never heard any other cause than that. What Scavini teaches upon the subject, I cannot say. I have not read his treatise on matrimony, as it forms no part of my lectures during the current aca- demical year ; but I am sure he differs from Bailly on the point I have mentioned. I do not think that I shall be able to teach it, though it would fall, on other subjects, into my course. I think I shall be obliged to use another tract. Scavini is only ordered for one year, and the students have not got the book, therefore it would be impossible to teach it. If they are supplied with it in proper time, I shall, of course, teach it. Most likely it will be the treatise of Carriere, a French theologian, which I shall be obliged to use on Restitution and Contracts, or that of another French author called Lyonnet, who has written on the same subject ; for the students have those books, and I am not aware that they contain any objectionable doctrines on the subjects of which I shall have to treat. Carriere holds the offensive doctrine which has been attributed to Bailly in his treatise on matrimony j but I do not teach that treatise during the present year. 5. " Do you understand, as a matter of course, that any book put upon the Index is excluded from the course of teaching in Maynooth ? With regard to that, no case ever occurred before. In France, in the very College, I believe, where Carriere, one of the authors whom I have just men- tioned, holds a chair, Bailly was the class-book. When his works were put on the Index, the professors applied to Rome, representing the inconvenience which would result if they were obliged at once to give up their ordinary class- book, and they were allowed to continue it for a time after it was put in the Index ; and, I suppose, if a similar application had been made, we would have also been allowed to use it for a time. It is not put out of the course because the Index is binding in this country, but, I suppose, on account of the indecency of using in the Col- lege, as a class-book, a work of which the head of the Roman Catholic Church had expressed his disapprobation, by allow- ing it to be put on the Index. 6. " It is not that the Index has any authority here, but as a matter rather of propriety and fitness the Trustees dis- continued it? Yes. 30 BAILLY DISCONTINUED. 7. " They have thought it fitting, therefore, to discontinue it as a class-book ? Yes. 8. " Would it be fitting, under these circumstances, to refer to it as a book, though no longer a class-book ? As a matter of fact, many students have been reading the book since the prohibition. Bailly's Dogmatic Theology formed no part of our course, and we never taught the offensive doctrine contained in his treatise on matrimony. 10. " Therefore it would not be a censurable act in this country to read it after it had been put in the Index ? It would not." 48. P. 30 of second examination, " Will you state to the Commissioners whether the withdrawal of Bailly, as a class- book, from Maynooth, and the substitution of another author, will make any change in the teaching of your class of theo- logy ? None whatever. 49. " What is the value of a class-book more than any other book that is consulted for the lectures ; is the class- book any particular indication of the doctrine to be taught ? Whilst Bailly was used, the class-book served to mark the subject of the lectures. A number of pages in his theology were, at the end of each lecture, appointed for the suc- ceeding lecture. The professor lectured upon the subjects contained in those pages, and gave his own opinion upon them ; he did not feel himself obliged to follow the opinions of the class-book. Frequently the students did not even read the class-book at all, because they were aware of the subject, and had learned from report that it did not treat it well, or that the professor would reject its opinions." At p. 68, Kev. Dr. RUSSELL, Professor of Ecclesiastical History, being asked Q. 173. "Can you state the reason why Bailly was placed on the Index, and consequently discontinued by the Trustees ? " replies "Bailly's treatise consists of two parts the 'dogmatic theology,' and the ' moral theology.' The ' moral theology ' of Bailly alone was read as a part of our College course. The course of ' dogmatic theology ' which we read was not that of Bailly, but a course written by one of our former professors, Dr. Delahogue. The reasons for the condemna- QUESTIONS ON MATRIMONY. 31 tion of Bailly's Theology I never heard authoritatively. It has been said that it was condemned on account of certain Galilean opinions which it contains. That reason, of course, would apply solely or principally to the dogmatic, and not to the moral portion of the work. But, although this has been publicly alleged as the cause of its condemnation, / have been informed by a clergyman, who heard it from the Pope himself, that the work was not condemned because it contained Gallican doctrines, but because it contained erroneous doc- trines on other points. Though he did not ask what those doctrines were, I [have heard it said, and I am inclined to believe, both from what I have heard and from certain documents which have appeared in reference to the affairs of the Church in the kingdom of Sardinia, that it was partly, at least, on account of some propositions which it contains on the subject of marriage." Why was Bailly placed in the Index f The Rev. Dr. MTJRRAY, Professor of the First Class of Theology at Maynooth, is asked, Question 116, at p. 88, of P. II., as to Bailly,- " Can you state the reasons why Bailly was placed on the Index ? " and answers " No, except conjecturally. / have no doubt, however, that he ic as placed on the Index on account of some Gallican opinions, principally contained in his Church Tract. The decrees of the Index very rarely point out the passages objected to : they never state the reasons of the condemna- tion of a book. I heard a story about the way in which the con- demnation of Bailly was brought about. There was a professor of the Irish seminary in Paris at Rome in the course of the preceding summer, and he had an interview with the Pon- tiff ; and in the course of the interview his Holiness asked him what class-books in theology were used. Having learnt that Bailly was the book, the Pope sent for it, and had it examined, and put on the Index. This I heard from tolerably good authority. Bailly wrote two Church tracts ; one is an abridged treatise, which is in his ordinary com- pendious course ; the other is a larger work in two volumes, which, so far as I know, has not been condemned. I believe it is only his ' Cursus Theologicus,' in eight volumes, that 32 BAILLY DISCONTINUED. has been condemned. I have no doubt that the condemned edition is that which has been in use in France for the last twenty years, and the treatise on matrimony, as well as some other treatises in that edition, is altogether different from the old edition, which was the one used in Maynooth. 117. "Does the discontinuance of Bailly and the adoption of Carriere affect the teaching at Maynooth on the subject of marriage ? In no way, so far as my teaching is con- cerned." The Very Rev. L. F. RENEHAN, D.D., President, at p. 236, is asked, Q. 163. "Is it the practice for the Trustees to interfere continually and change the order of instruction ? " He re- plies, " No, it is not. Q. 164. " They have interfered lately, have they not, and directed that Bailly shall be discontinued as a text-book on moral theology ? A. " Yes, they have, but they have made no change in the order of instruction. Q. 165. "At present no other treatise has been formally substituted for it ? None as a permanent substitute." Other works, which, to Protestants, appear on most grounds equally objectionable as Bailly, seem to form a portion of the Maynooth education. This renders it less easy to ascertain on what precise ground Bailly has been discontinued, temporarily or permanently. It is to be ob- served, that the works of St. Alphonsus Liguori are amongst the books used and consulted at Maynooth, es- pecially his " Moral Theology," vide Professor Furlong, p. 91, q. 3 ; and his treatise " De Legibus," vide Rev. W. J. Burke, p. 324, 38 ; also the Answer of the Rev. Henry Neville, Professor of Theology, to the Questions in Paper B., Part L, Appendix 8, p. 105, 2, where he says, " I, however, refer to other writers in dogmatic theology, such as Suarez, De Lugo, Becanas, Tournely, and recom- mend the study of Liguorfs ( Moral Theology.' " Yet Dr. Butler, who, by-the-by, was not educated at Maynooth, according to the printed evidence, says, at QUESTIONS ON MATRIMONY. 33 p. 334, Part II., q. 44, " It should be known that Liguori is not STUDIED at Maynooth" Possibly so, but it seems he is certainly recommended and referred to there. The written evidence, in reply to questions in Paper K, contains the following answers of the Rev. Henry Neville as to the Questions on Matrimony : 1. " State the reasons, as you believe, why the Treatise of Bailly on Moral Theology in use at Maynooth, in 1826, has been placed on the Index, and subsequently discontinued by the Trustees as a house treatise ? "Before proceeding to answer the direct inquiry of this question, it is necessary to remove a misapprehension of some consequence which is implied in its wording. It sup- poses that the Moral Theology of Bailly formally has been placed upon the Index : such is not the fact. The work prohibited is thus described ' Bailly, Theologia Dogmatica et Moralis. Paris. Donee corrigatur.' This does not at all imply that objectionable propositions are contained in the moral as well as in the dogmatic treatises : it merely declares that errors are contained in the work, as above described, on account of which its use is forbidden. In truth, I have heard no conjecture made as to the parts with which the authorities at Rome have been dissatisfied that did not point out dogmatic propositions exclusively. Some have ascribed the prohibition of Bailly's work to his strong assertion of Gallican principles in his Church treatise. This I deem improbable. Those principles have, indeed, been always discountenanced ; in no instance, however, positively repro- bated by the Holy See, although occasions have existed, far more likely than any arising out of present circumstances, to call forth such reprobation. Moreover, I have heard it stated, on competent authority, that the Pope himself denies this to have been the cause of the condemnation. I would not, however, wonder if the vehemence with which he asserts the certainty of his own position, and the utter falsity of the opposite, as instanced in the following expression, ' Theologi Ultramontenses sicut in presenti materia veri- tatem abjeciirunt, sic et concordiacie,' * had at least a secondary influence in provoking the censure. The more * Tract, de Eccles. cap. xiv. art. T. D 34 BAILLT DISCONTINUED. coramoa opinion is, that the doctrine of Bailly which is chiefly found fault with at Rome is that which claims for temporal princes the power to institute diriment impedi- ments of marriage. This opinion does not rest on mere conjecture; for a modern French writer on matrimony, Carriere, having, in the first issue of his work, asserted this proposition to be the more probable, was rather harshly criticised at Rome ; and, it is generally thought, commanded to retract. At all events, this assertion does not appear in a second publication, where he merely says, it does not belong to him to decide such a controversy. The recent agitation of this very question in the dominions of the King of Sardinia renders the supposition I have adopted still more probable, and, at the same time, explains how the Holy See came now to condemn a writer so long tolerated. It was discontinued in Maynooth in conformity with a rule of the Board of Trustees made at their last January Meeting. 2. " If the treatises of Bailly have been so discontinued by reason of any doctrine upon the subject of marriage, among other reasons, state if such doctrine was taught at Maynooth, and if the discontinuance of the treatises will affect the teaching at Maynooth, on the subject of marriage ? " The proposition which, in my answer to the former question 1 have supposed to be the cause of Bailly's con- demnation, was never, to my knowledge, taught at May- nooth. It has been always admitted that the civil power can annex just civil impediments, but not voiding the natural contract, or rendering the sacrament null. Hence, our teaching is nowise affected by the discontinuance of these treatises. 3. " It has been stated to the Commissioners that Bailly's doctrine on the separability of the contract from the sacra- ment in marriage has been disapproved of by the authorities at Rome who take cognizance of such subjects ; and for that, among other reasons, has been placed in the Index. If such should be the case, does Bailly, in making such distinction between the contract and the sacrament in marriage, allude to a civil contract, or to a spiritual con- tract, as distinguished from the grace of the sacrament ? " The opinion of the separability of the contract and sacrament does not seem to be at present in favour at Rome. His Holiness, in a private letter to the King of Sardinia, of September 19, 1852, and in an allocution of the same date, QUESTIONS ON MATRIMONY. 35 declares the contract to be never valid amongst Christians without the presence of the sacrament. I think it, however, highly improbable that Bailly has been placed on the Index for this opinion, which is not peculiar to him, but is defended by numberless theologians beside, and is an imme- diate consectary of the opinion at one time supported by very respectable authors, and still held by many, that the priest is the minister of the sacrament of matrimony. As to the second part of the question the contract spoken of in this opinion is not the civil contract all admit that there can be a contract civilly valid without the sacrament but the natural or ecclesiastical contract. " 4. Is it taught at Maynooth that a marriage celebrated according to the forms of the municipal law, between a Roman Catholic man and a Protestant woman, but not ac- cording to the forms of the Roman Catholic Church, is valid, so as to preclude the Roman Catholic man from con- tracting, during the lifetime of the woman, a marriage ac- cording to the forms of the Roman Catholic Church with a third party ? " It is taught at Maynooth that such marriage is valid, understanding by the ' forms of the Roman Catholic Church,' spoken of in the question, the presence of the parish priest and witnesses. The impediment of clandestinity does not reach the Protestant party, who, to use a theological phrase, ' communicates his freedom (from that law) to the other,' since marriage could not be valid for one of the contractents, and invalid for the other. " 5. Is it taught at Maynooth that a marriage celebrated in Ireland between two Roman Catholics, by a Roman Catholic clergyman, but not in conformity with the decrees of the Council of Trent, in respect of clandestinity, is a marriage valid, so as to preclude the parties, during the life- time of each other, from contracting a marriage according to the forms of the Roman Catholic Church with other parties ? " The marriage here described is taught to be invalid, the decrees of the Council of Trent relating to clandestinity being now promulgated in every part of Ireland. Roman Catholic marriages in Ireland regulated by the Council of Trent. " 6. Is it taught at Maynooth that a man who enters into a marriage contract which is valid by the law of the land, D 2 36 BAILLT DISCONTINUED. but invalid by the law of the Roman Catholic Church, may, on that account, without sin, abandon the woman, and con- tract marriage with another woman ? " The man, in the case proposed, is free to abandon the woman and contract marriage with another, as far as any obligation from the ecclesiastical contract is regarded. The existence of the civil contract will, however, ordinarily entail many inconveniences on both viz., exclusion from all civil privileges, and liability to prosecution in case of second mar- riage ; so that he will be bound to contract again with the same party, in accordance with the essential forms of the Roman Catholic Church. This is the teaching of Maynooth on this question." Finally, it may be observed, So far from the class-books being of no authority ; indeed, as tolerably conclusive evidence that they are of authority, and that no small degree of weight is attached to them, we may refer to the Rev. Professor Neville himself, who, when wishing to press on the Commissioners the correctness of his own view as to the distinction between material and formal heresy, says, Part II., p. 341, Question 5 : "And it is, perhaps, well to remark, that what I have stated as required for formal heresy I do not state as mere opinion, but as the doctrinal teaching of all our theologians ; and for this purpose I refer to Bailly, tome 2, page 17 (edition, Dublin, 1829). To the question, 'What is heresy ? ' he replies, ' It is a voluntary and pertinacious error against any truth of faith proposed by the Church, in a person who professes himself a Christian.' " And, when asked again, II. " Can you refer the Commissioners readily to the dis- tinction between formal and material heresy in any book of authority on canon law, and to an authority for considering that the bull only extends to formal heresy ? The dis- tinction is to be found in every theologian. It occurs in page 18 of Bailly, the same volume as above, tome 2. It would be ridiculous to cite any special authorities, as it is given in all. It is a fundamental distinction." CHAPTER III. THE STANDAKD WORKS AND CLASS-BOOKS AT MAYNOOTH. CLASS-BOOKS OP NO AUTHORITY. STANDARD WORKS REFERRED TO. NEXT to the attempt which seems to have been made to get rid of some of the charges against the College, by discontinuing Bailly as a class-book, is the attempt to deprive Protestants of all knowledge as to what is taught in Maynooth by declaring that the class-books, to which reference has so often been made, are of no authority, but that the nature of the teaching is to be collected from the various opinions of different professors from time to time. Upon this branch of the subject, viz., the teaching in divinity classes upon questions in which the interests of the State and of general morality are concerned, the Commissioners report that, " The evidence is mainly that of the heads and professors of the College, and of those who either were, at the time of our inquiry, or had been formerly, students of the College. No other evidence, indeed, could be of much value, the question being, what was actually taught, and not what was contained in the text-books, which, as already stated (p. 58), cannot be appealed to as a proof of the teaching." Report, p. 64. It had been supposed that the class-books used in May- nooth College might be appealed to as sources of authoritative information; but this the Roman Catholics have found to be very unpleasant. Bailly's works, as we have already seen, 38 THE STANDARD WORKS AND CLASS-BOOKS have been recently placed in the Index of prohibited books at Rome. But to get rid of any information to be derived from other class-books, the Commissioners report that "the professors state, that they do not by any means consider themselves bound by the opinions, as such, contained in the class-books from which they teach. Upon matters of doctrine, considered in the Roman Catholic Church to be defined as of faith, the teaching must be uniform ; but with respect to all questions upon which opinion in the Roman Catholic Church is free, under which head a large proportion of the questions of moral, and some of the questions .of dogmatic, theology may be ranked, the professor is not bound by the opinions of the author used in class, nor does he bind the students, either by the opinions of the class-book or by his own. The class-book serves as a guide to the subjects to be treated of, and the student is required to be prepared to state in class the several views entertained upon the subject of the lecture, as detailed in the class-book, but he need not adopt the writer's conclu- sions, except so far as they accord with his own judgment." Ueport, p. 58. But when was it ever said that the books were books of absolute authority, except when supported by references? They have been referred to as indicative of the teaching at Maynooth, and as indicating it correctly, in so far as their teaching is supported by the standard works of reference, the Articles of Faith, the Decrees and Councils of the Church of Rome, just as text writers on legal subjects are referred to, though of no absolute authority, still as indicating, but not making, the law. If a certain principle is laid down in the text-book, and on referring to the statutes at large, we find it quite conso- nant to the letter and spirit of the statute, we act on it as part of the law of the land. So, too, if we find certain principles laid down in the class-book, and the same enforced by references to the standard works, and other authorities, which support such principles, the inference naturally is, that the text-book in one case indicates though it does not AT MAYNOOTH. 59 make the law of the land ; and the text-book in the other case indicates though it does not make the principles or teaching of the Church of Rome, and, in this case, the teach- ing of Maynooth College. Would not this be the common-sense view to take as regarded the instruction imparted at any institution ? any charity school, any national school ? Would there not be a palpable absurdity involved in the supposition, that any examiner, going into these institutions to ascertain what was being taught, should be told, " It is no good looking into any of the books, they are no guide or authority, I assure you, I always teach just what appears to me right, quite irrespective of any books of reference or authority " ? No doubt there would. Accordingly, we find on turning to the evidence, that we may add the weight of Dr. O'HANLON'S authority to these remarks. At p. 10, 124, He is asked, "Do you consider that the class-book indicates the doctrine inculcated?" and answers, " Yes. We do not depart from the doctrine of Cabassutius generally" But whatever little weight may be attached to the teach- ing of the class-books, it is clear some higher degree of importance is attached to the standard works referred to by them. Thus .the same witness says, with reference to his lectures on canon law, 121. " We don't tie ourselves down to any particular text- book. I proceed in canon law, as I do in ecclesiastical history. I announce the subject of the lecture, and refer the students to the standard works on the subject in the library." After a few questions and answers on the subject of lec- tures on the canon law, which Dr. O'Hanlon informs the Commissioners is only taught to the Dunboyne students (pp. 9, 119), and to them by no other professor than himself, the following questions and answers, from 121 to 124 inclu- sive occur : 121. "Are the Commissioners justified in supposing from 40 THE STANDARD WORKS AND CLASS-BOOKS your answer that there is still a text-book ? We don't tie ourselves down to any particular text-book. I proceed in canon law as I do in ecclesiastical history. I announce the subject of the lecture and refer the students to the standard works on the subject in the library. 122. "Do you make remarks upon the books which they will have to consult ? I have frequently particularized the books which I considered the best on this or that subject, and the students of the present class know from the tradition of their predecessors the works which I specially re- commend. 123. " Do you give them clues by advice for their guidance through the different books ? Yes, from time to time ; and as I interrogate them uniformly on the subject matter of the lecture, it is always in my power to correct any unsound or extravagant opinion which they may have borrowed from the books which they consulted. I have omitted to state that Cabassutius is the class-book used by order of the Board of Trustees. 124. " Do you consider that the class-book indicates the doctrine inculcated ? Yes. We do not depart from the doctrine of Cabassutius generally. There are some matters, however, with regard to which we do not exactly adopt his views. In point of fact, it has never been understood that the Professor of the Dunboyne is bound so much as the other professors to adopt the opinions of any particular writer, because the Dunboyne students are considered to be more capable of examining matters, and forming opinions for themselves than the other students; hence they are allowed a greater latitude, and the professor encourages a spirit of inquiry, provided that it is not carried beyond a reasonable extent." What Dr. O'Hanlon states as to not departing generally from the teaching of the class-book is fully borne out by what the Rev. Thomas Furlong, Professor of Theology, states, both in his oral and written evidence. In his written evidence, which is to be found in Part I. Appendix 8, and which is given in answer to Paper B, we have the following in course of answer to question 2 : " The subject matter of lecture is contained in those treatises of dogmatic and moral theology which, according AT MAYNOOTH. 4t to the regular rotation of treatises observed in the Divinity Classes, fall to my lot, and which, in four successive years, comprise nearly the whole range of dogmatic and moral theology. / follow the order, and, as far as possible, the views and opinions of the text-books, which are, in dogmatic theology, the treatises compiled for the use of the College by the late Dr. Delahogue ; in moral theology, at present, the compilation of Scavini. J consult other theologians, such as St. Thomas Aquinas, Suarez, de Lugo, Bellarmine, the Salmanticenses, Benedict XIV., Liguori, Collet, Tournely, &c. I select from them what appears to me most accurate, solid, and useful, which I endeavour to communicate during lecture." In his oral evidence, which is to be found in Part II., p. 91, the following questions and answers occur. I give them in extenso from one to thirteen, both inclusive. It is the answer to question six that chiefly refers to this point. And in answer to question nine the Professor points to the manifest inconvenience which would arise to the student if the Professor taught one thing, and the class-book another. 1. "In answer to the second question, you refer to certain books, and, amongst them, the Salmanticenses. Will you state what that is ? They are the theologians of Salamanca. 2. " And Benedict the Fourteenth ? Yes ; we have occasion to consult all his works occasionally. 3. " And Liguori ? Also several of his works ; HIS MORAL THEOLOGY is WHAT I PRINCIPALLY refer to. 4. " And Collet ? Yes, also his work, which is a con- tinuation of Tournely's Moral Theology. 5. "What is the nature of all the works of Collet and Tournely? Tournely's Theology is dogmatic, and also a portion of it moral ; but Collet professes to be a continuation of the Moral Theology of Tournely. 6. " You state that you 'follow the order and, as far as possible, the views and opinions of the text-books.' Are you restricted to the opinions and the views of the text-books employed ? Not necessarily. 7. " Are you desirous, like some of the other professors, of seeing a set of text-books prepared by the professors themselves ? Yes, I am. I concurred entirely in that view when it was discussed amongst us. 42 THE STANDAKD WORKS AND CLASS-BOOKS 8. "You think it desirable to have some text-books which should express, upon dubious points, the distinct opinions which are laid down by the professors of Maynooth ? As well as I recollect, the question only regarded the course of moral theology which would be substituted in the place of Bailly's Theology that was withdrawn. 9. "Do you think it desirable, generally, that the professors of theology should compose class-books in theology for the students ? Very desirable ; because it sometimes happens that the professor does not exactly adopt the views of the text- books which the students use. The students having read the text-books, and having prepared the matter of lecture from them, should it happen, as it occasionally does, that the pro- fessor differs from the opinions expressed in the text -books, it naturally produces considerable inconvenience. 10. "But the professors who follow you will probably differ from your opinions? That certainly is a possible inconvenience ; but we are most likely, perhaps, to agree with each other upon the traditional teaching of the College. 11. " You have referred to the works of Dr. Delahogue as being still in use in the College ? Yes, they are. 12. " And are the views which are derived from them the same as were derived from them at the time of the last investigation, in the year 1826 ? I am not aware of any change. 1 3. " The spirit of the College in all these matters is what it was then, is it not ? I am not aware, at this moment, of any particular difference, except with regard to the doctrinal and legislative authority of the Pope in spiritual matters, where a liberty of opinion is allowed." We find at a subsequent page of the evidence, the standard works again referred to, P. 317.- 98. "According to that, the teaching of the professor was to be inferred, generally, from the tone of the class-book ? Not generally. He gave the general opinions of the class-book. He would give the opinions of the refer- ence books. He gave different opinions ; and it was only by the manner in which he spoke that we were to infer what was his opinion." The Eev. Mr. BTJEKE thinks the class-books do not form " a fair criterion of the A.T MAiTiNOOTH. 43 teachings of Maynooth," and he gives an instance, which is to be found in the following question and answer : P. 317. 99. "You say that the class-books were -not considered as determining the doctrine which the professor wished his class to entertain? No. lean give "the 'Com- missioners an instance of it. The class-bodk on the Scrip- tures is Menochius. Now Menochius is very short, and is not prized by the premium students those who are working for the premium books. Those reading the Scriptures, and known as premium students, study in the Scripture class ; and in my time it was looked upon as an evening class, and one for amusement. Now Menochius is a class-book; and he refers, in many cases, to Maldonatus ; and though Meno- chius is the class-book, the premium-men studied, not Meno- chius, but studied Maldonatus, Cornelius, and Estius. Those were the principal commentators that they studied and went by, and not by the class-book. The same plan was adopted in the theological studies as well as in the Scriptures, so that taking the class-book is not a fair criterion of the teachings of Maynooth." Dr. RENEHAN, the President, is asked, p. 237 : 173. "Then, when text-books are referred to, which are taught in any College, they are in nowise to be looked upon as an evidence of the opinions which are conveyed within that College, in moral theology ?" and answers, " The text-books used by students in any College for learning moral theology, are not to be looked upon as decisive evidence that every opinion, without any exception, advanced in these books, is taught by the professor, or held by the students. This much only can be fairly inferred, that the opinions of the class-book, generally, are the opinions that are taught and prevail ; that opinions at variance with these, or of an opposite class and school, are generally impugned ; but that, possibly, on one or a very few freely controverted questions of some comprehensiveness, and in several little minute details, the professor may not concur in opinion with his class-book, as his predecessor or successor, teaching the same class-book, may not exactly agree with him. The quantity of refection, for example, which the book may assign as the 44 STANDARD WORKS AND CLASS-BOOKS AT MAYNOOTH. allowed collation on fast days, may be thought by one pro- fessor too much, and by another too little ; or they may not exactly agree as frequently happens with juries, arbitrators, and judges whether a given sum be the fair amount of compensation for some damage done to another, or whether it be not too much or too little to be required, in foro con- scientice, to be made by the repentant sinner." CHAPTER IV. THE CONFESSIONAL. ON this delicate, important, and dangerous subject, the Com- missioners report (p. 64) on instruction as to preparation for the Confessional, as follows : " The teaching at Maynooth with respect to those portions of moral theology which relate to purity of life, is a topic which we have entered into with great reluctance, partly on account of its own nature, which unfits it for public discus- sion, and partly from its being intimately connected with certain doctrines of the Roman Catholic Church on which it is not our province to deliver an opinion. Apprized, however, as we were, of the serious charges which have been brought against the College on this ground, we have thought it our duty to call the attention of parties connected with the College to the subject, and to give them an oppor- tunity of making such statements in regard to it as they thought desirable. " In the first place, they fully admit that in Maynooth, as in all Roman Catholic Colleges for the education of eccle- siastics, a portion of the course of moral theology is occupied with the discussion, in more or less detail, of sins against chastity, and that the discussion of such subjects is, by the avowal of their most eminent authors, by no means devoid of danger to the mind and character of the students. But they state, in the first place, that such study is essential for the proper discharge of the functions of the confessional which the Roman Catholic Church considers to be an insti- tution of Divine appointment ; that it is deferred until the period of the student's career, when his approaching entrance on the duties of the priesthood imposes the necessity of acquaintance with the subject ; that it is then confined in 46 THE CONFESSIONAL. Maynooth to a very short period (one professor fixes it at eight days) ; that the subject itself is always treated of in a learned language, and every security taken, which piety and prudence can suggest, that it shall be handled with reverence and reserve, and in no spirit of licentious curiosity. " We are bound to say, that we have no reason to be- lieve, from the evidence of any party, that these studies have had practically an injurious effect upon the mind and cha- racter of the students." The conclusion at wliioh the Commissioners have arrived is very cautiously worded ; but, with the evidence as now before us, we are by no means sure that a somewhat different conclusion might not have been arrived at, and that such different conclusion would not be at least equally consistent with the evidence. Possibly, however, the majority of the Commissioners did not believe the evidence of all the witnesses. A few refer- ences to the evidence of favourable and adverse witnesses are given : The Very Rev. DAVID MOEIARTY, D.D., President of the College of All Hallows, Drumcondra, says, p. 126: 98 and 99. " Students are prepared for the Confessional ; they are examined on the chapters de debito conjugali. When I was a student in Maynooth, those chapters formed a part of the second year's study of divinity; but I recollect that we were cautioned by our professor to pass them over and not read them till we should be immediately about to enter on the duties of the Confessional." 107. As to the imagination being tainted by studying such a subject at an early age, the President of the College thinks that the reading of such matters as a portion of pro- fessional study is scarcely ever attended with danger ; and he refers to the cases of law and medical students as being somewhat analogous, and adds, " The Almighty is always prepared to give us grace to do, without detriment to con- science, whatever duty demands from us." Admitted ; but we say it is no duty prescribed by Divine THE CONFESSIONAL. 47 authority, and there is no promise of a blessing. Mark, however, on what assumption and hypothesis the Rev. Doctor proceeds : " Now, to study these matters is most certainly a duty of our state of life, for supposing the Divine precept of confession, and supposing that it requires a declaration of sins, both as to their number and species, it becomes the confessor's business as a judge, and as a physician of souls in the tribunal of penance, to know how to distinguish ' leprosy from leprosy,' and for this purpose to know what circum- stances involve a different species of natural or unnatural lust." But may we not deny or dispute altogether the need for the office, the officer, and his minutely elaborate and dan- gerous instructions ? The questions and answers of this witness, from 102 to 123, both inclusive, are so interwoven and important that it seems proper, in fairness, to give not only the statements and opinions, but the grounds also upon which they are supposed to rest, and the reasoning by which the opinions given may be supported. 102. " What is the general instruction given by the Catholic theologians as to the introduction of such interroga- tories at all ? The instruction generally given by Catholic theologians is, to ask no question, unless the confessor has reason to suspect that such sins have been committed. He is then directed to commence his interrogatories by asking whether the penitent has committed sins of thought ; and if he finds that such sins have not been committed, he is directed to pursue his interrogatories no further. If he finds that the first stages of sin have been passed, he is directed cautiously to pursue his questions, according to the necessity which he finds to exist. 103. " You stated, did you not, that this course of study was postponed to the last moment? I said that such was the general practice in the French Colleges. 104. " Is it so in the Irish Colleges ? In Maynooth Col- lege it was passed over, at least in my class, and left to the private study of each student. 105. "It was not specifically postponed to a certain period ? We were told that we should not read that matter 48 THE CONFESSIONAL. until we should be about to enter on the practice of the confessional. 106. "You would think it on the whole, perhaps, the better plan that it should i be the subject of a separate volume, rather than that it should be reserved specifically for the last period of study ? I think it better that it should form the subject of a separate volume, and also be deferred to the last period of study, inasmuch as some stu- dents may never take orders, and may not therefore ever stand in need of the knowledge which is acquired by this study. 107. " You would willingly postpone the consideration of such a subject until the last period of study, both on account of the importance of withholding it as a branch of study, until it became necessary that the future confessor should study it, and also because as the individual would be more advanced in age, there would be less danger of the imagina- tion being tainted ? As to the last reason, my opinion is, that the reading of such subjects as a matter of professional study is scarcely ever attended with any danger to the student. It is precisely what occurs in the study and prac- tice of the law, and of surgery ; and I am sure that the lawyer or the physician, when obliged to inquire into and treat of the most indelicate matters if he does so as a pro- fessional business, and not from a morbid curiosity will never feel his heart thereby depraved. He discharges one of the duties of his state, and the Almighty is always pre- pared to give us grace to do, without detriment to con- science, whatever duty demands from us. Now, to study these matters is most certainly a duty of our state of life ; for supposing the Divine precept of confession, and sup- posing that it requires a declaration of sins both as to their number and species, it becomes the confessor's business as a judge and as a physician of souls, in the tribunal of penance, to know how to distinguish ' leprosy from leprosy,' and for this purpose to know what circumstances involve a different species of natural or unnatural lust. As sins of this charac- ter form so large a part of the wickedness of the world, it becomes particularly necessary that the confessor should have a clear and distinct knowledge of the variety of ways in which persons may be guilty of such enormities, that he may know how to suspect and to detect them. Such knowledge is the more required, as, in many cases, sins of this kind involve grievous violations of justice, THE CONFESSIONAL. 49 and the consequent obligation of restitution, as in cases of adultery and bastardy. Many cases also occur in which there is question of the validity or invalidity of mar- riages, and which require for their safe decision a most accurate knowledge of what is most offensive in the matters you refer to. Besides, every priest having the cure of souls is the ordinary judge in foro conscientice of matrimonial causes, and he should therefore be acquainted with all matters that may guide him to a correct decision. I may add, that ecclesiastics exercising the sacred ministry, in those places where the people are not under the control of religion, find that all the casuistry detailed by Sanchez, or by those authors who have gone farthest into such details, give them only the rudiments of the excess of vice they find practised. A deep, insight into such matters, on the part of the confessor, is also most useful to prevent needless descrip- tions on the part of the penitent. Ignorant persons, not knowing what species of sin they have committed, and some- times imagining sin where none exists, are apt to enter into unnecessary details, unless the confessor, by a quick and clear perception of the whole matter, is able to reduce the sin to its species and to prescind from all needless circum- stances. 108. "Was it taught that one object of introducing the details into the books was to prevent their introduction at any length into the confession ? I do not precisely recollect where I learned it, but I look upon it as an advantage to be derived from a careful study of the matter. 109. " Was that really the purpose of the caution ? I merely mention it as one of the advantages likely to result. 110. " When you say that a confessor acts in the capacity of a judge, do you mean as judge between two parties, or as judge between the penitent and his conscience ? He acts as a judge in the first place, inasmuch as he has to decide upon the absolution of the penitent or the refusal of absolution. In this decision he is guided by ascertaining whether the penitent has the requisite dispositions of repentance, namely, sincere sorrow for sins committed, and a determined re- solution not to sin again. He must be also satisfied that the penitent is not voluntarily remaining in those occasions which have heretofore led him into sin, and that he has made or is prepared to make restitution to all parties whom he may have injured in person, property, character, or honour. 50 THE CONFESSIONAL. He also acts as a judge in imposing a proper measure oj penance, suited to the measure of guilt. As a physician of souls, he has to prescribe to the penitent remedial measures to correct the faults and vices to ivhich he has been subject. 111. "That is what you mean by acting as a judge in determining upon granting absolution, or the imposing of penance as a penalty for sin ? Yes. The confessor's judgment is to be also exercised as to whether there is sin or no sin, and as far as he can determine whether sin is venial or mortal. The confessional is a tribunal in which the priest acts as judge, and where the penitent is both the accused and the witness. 112. " But as a judge upon no other party ? No. 113. "When the subjects of the obligations of marriage are brought under the consideration of the student with reference to the confessional, is it inculcated upon him that it is his duty to study and master those subjects in the spirit of a judge, and not as a mere student of the extent and variety of human infirmities ? I should say, if I understand the question rightly, that he should study them as a judge and physician of souls, not as a student of human infirmity, which would seem to imply an indulgence of mere idle curiosity. Such studies can only be justified by practical utility. 114. " In short, he is taught to study them as part of his duty, as discreetly as possible, however remote ? Yes. 115. " Were there any private instructions given to you on these heads ? No. 116. " By the deans, for instance ? No. 117. " The age at which such books would be read abroad would be about twenty-three ? Yes, or over. 118. "When were you educated at Maynooth? From 1831 to 1839. 119. "Did you read Dens' Theology when a student at Maynooth ? No. 120. " Nor any part of it ? I may have looked into the book in the library, though I do not precisely recollect having done so, but I never studied the work while at May- nooth. / have occasionally read portions of it since I left Maynooth, and I consider it a ^vork of very great merit. 121. " Was the book at all employed or referred to in the lecture-room by the professor ? It was not employed. It may have been quoted amongst numberless other authorities THE CONFESSIONAL. 51 referred to by the professor, but it was never one of the principal books of reference. 122. " You never saw the book itself in the lecture- room ? Never, that I recollect. 123. " To the best of your knowledge, is the study of this department of moral theology considered so necessary, as to be introduced into all ecclesiastical Roman Catholic semi- naries in all countries ? It is absolutely necessary wherever the practice of confession prevails, that is, throughout the whole Catholic Church, and it must enter into the theological studies of every clergyman who has to hear confessions ; but it may be left to private study, as there is nothing in it diffi- cult of comprehension. A confessor who had not studied such matters would incur much risk in the practice of the confessional, and his guidance would be likely to be attended with very dangerous results to his penitents, for the con- sciences of some are often terrified by circumstances which in reality involve no additional specific guilt, or no moral guilt at all ; others, unfortunately, rest secure in the midst of sin and danger. Accurate knowledge and wise discretion are required in the confessor to guard against all extremes." Rev. P. LAVELLE, Dunboyne Student, p. 277 : Q. 1. " At what time did you receive instruction on the command of the Decalogue, non machaberis? Towards the end of the fourth year's divinity. 2. " Had you read it previously to that ? Never. 3. " Was it postponed to that period intentionally, or was it by the accident of that being the year in rotation in which the Decalogue occurred? That year, I think, it was more by accident. J had not read it previously. As a general rule, discussions upon that part of our course are reserved for the end of the course, for the third or fourth year's divinity it is never introduced into the two first classes. It was by accident I had not read it in my third year's divinity. 4. " The subject is generally brought, under the notice of students, as ' a matter which must be studied with the greatest caution, and always after a moral preparation, after invoking the grace and assistance of God.' 5. " Was your third year your last year of the course ? No ; my fourth year of divinity was my last year of divinity. 6. " Then how did it happen that it might have occurred E 2 52 THE CONFESSIONAL. in your third year ? I say that the discussion on the pre- cepts of the Decalogue must have formed a portion of our business during my third year by another arrangement of the treatises. 7. " Are the Commissioners to understand you to say that the particular instructions upon this part of the Decalogue would have occurred in the third year, or would they be post- poned to the end of the course ? As to the circumstance of their being decidedly postponed from the third year to the fourth, I cannot say ; I think the third year's divines have not discussed that, I am sure the first and second year's divines have not. 8. " Had you taken deacons' orders before you engaged in it ? No ; sub-deacons' orders." 14. Scavini recommends conversing on it, only in the Latin language, and cautions against anything bordering on mere curiosity, and " keeping in mind that they are under no obligation of at once mastering the entire subject at so great a risk." The Rev. M. O'SULLIVAN, Dunboyne Student, p. 289 : 52. " The Professor is in the habit of giving one lecture on them but the students are never interrogated on the matter of the sixth precept," seventh in the Protestant Catechism. 'They are furthermore advised to be most cautious, par- ticularly in their inquiries, if they are priests, of penitents regarding this matter. The greatest caution is taken, and the utmost regard for the delicacy of the feelings of the priest himself and the penitent is inculcated, and also in the dif- ferent treatises which treat of the matter ; though the treatises may enter into detailed particulars, they must still caution them to be most chary of anything like accurate inquiries upon the subject." The Rev. C. M'ATILEY, Student, p. 296, 80, speaks after a like manner. The Rev. T. CAHILL, Dunboyne Student, p. 299, is asked : 68. " Have you gone through those parts of the treatise with regard to the sins against the precept ' Non Mrecha- beris?' and answers, 'That subject was never read in my THE CONFESSIONAL. 53 class properly, but some lectures were given by the professor towards the end of the theological course. I never studied the matter. 68. "The advice generally given is, for persons not to study it till they are going on the mission ; arid, as I had a prospect of remaining in the Dunboyne, I listened to the lecture, but did not mind it of course. There is a precept of the Church, and the Catholic doctrine is, that every mortal sin must be confessed ; therefore, it is necessary for the priest to understand what those sins are. There is a Divine pre- cept, according to the Catholic doctrine of confession, as to confessing all sins." The Rev. DANIEL LEAHY, educated at Maynooth, and now a Protestant, p. 303 : 67. " You are aware that there is a part of the teaching which relates to the precept called the sixth in the Roman Catholic Decalogue, and the seventh in the Protestant. Will you inform the Commissioners in what way that was intro- duced ; at what period of the course, and in what form and manner ? I think it is in the Second Year's Theology, as well as I recollect, after Christmas, and in the second half- year of that year's course ; and the way in which it was in- troduced was this, each class-day there would be three or four pages of this book pointed out for the next class. 68. " What was the text-book made use of for that pur- pose ? I do not know whether Bailly or Delahogue ; I think it was Bailly. 69. " Was this lecture or teaching conducted entirely in the Latin language ? Yes ; all in the Latin language. 70. " It was given out as the subject for examination at the following class ? Yes ; I cannot precisely bring to my recollection how it was gone over. The subject-matter to be treated was so obscene, so indelicate, that whether it was dwelt on much in the same way with all the other different lessons pqjnted out for the different classes, I could not just now say, but I am sure we must have gone over it in the routine business of the book. 71. " Do you recollect sufficiently to be able to say whether the students upon that particular subject, in consequence of the cause you have just mentioned, were recommended to postpone it to a late period of their course ? No ; I never heard that. 122. " Are there any further observations which you wish 54 THE CONFESSIONAL. to offer in regard to the studies at Maynooth ? No ; except that in this particular year of theology, with regard to the sixth precept of the Decalogue, and the Matrimony Treatise, it was my opinion then, and is now, that they had a direct immoral tendency on the minds of the students. 123. " Should you say that practically such is the result, or is it the impression on your mind that such a subject is, in itself, injurious ? Yes ; the minds of the students being necessarily engaged on these questions, I think, taking into consideration the natural depravity of man in a fallen state, that it has a direct tendency to produce bad effects on the minds and morals of the students. 124. " Did you observe that it had that injurious effect in the house practically, as affecting the language or the conduct of the young priesthood ? I could not undertake to say that ; I think I would be perfectly warranted in stating, as to per- sons who came to that year, and went through that course, in that second year's theology, that their minds were cor- rupted from what they were before, necessarily, in getting over these things that they were not before acquainted with. 125. " Do you mean that you practically observed that re- sult ? Yes ; and they were looked upon, when they came to that year, as a kind of privileged class in the house ; that they got into, what they called, the secrets of their future profession. 126. " Did you observe anything in their conduct or con- versation indicating an injurious change of character? Yes ; that is my impression. They would say, some of them con- demning it, that indelicate and disgusting matters were intro- duced in the Matrimony Treatise ; and / am quite prepared to say, that any persons of delicate feelings would be shocked with some of the questions in that treatise. 127. "Do you mean that they created repugnance in their minds ? Yes, on the feelings of some persons ; and when I say that of one class, I think it had a contrary effect on others, who were not naturally so delicate in fieling, and that it made them licentious. 128. " Have you, in your memory, any particular instances, in which you recollect any individuals so cor- rupted, or injuriously affected in their conduct or conversa- tion ? I state that in conversation I perceived it. 129. " Was it much the subject of conversation ? I think it was more that year than any other year in the house. THE CONFESSIONAL. 55 130. "Do you remember whether it was discussed as a matter upon which the students ought to be cautious, and that they ought to deal with it in a religious and careful spirit ? I do not recollect that at all ; on the contrary, that year was a year of great licence and liberty in class ; it was a year that the students looked upon as a year of great liberty. They were constantly shouting and laughing in the hall, the last half-year of the second year's theology; and it would be morally impossible to get over that year without hearing some extraordinary things said by the professor to the students. 131. "Was there ever any sign of levity shown during the lecture, when the professor touched upon these subjects, and asked questions ? Yes ; I recollect on one or two occasions there were signs of levity exhibited. 132. "Were those signs observed by the professor? Yes ; I think he almost joined in them ; he put down his head. He was not in the habit of checking any demonstra- tion of that kind ; and he was remarkable, on the contrary, for creating it, and for merriment generally. 140. " Did you observe, at any time, in the conduct of those who left Maynooth, any evil effects, as resulting from what you have described ? Indeed I could be prepared to state that some of their conduct afterwards on the mission, followed as a necessary consequence from the training they got in the College. I say that from my experience. 141. " Are you speaking with regard to personal morals ? I am speaking of moral integrity ; and with regard to personal morals, I am certainly of opinion that the training at Maynooth had a direct tendency to corrupt their morals. 142. " The question was, whether you had observed, practically, and in fact, any immoral conduct in the priests, as resulting from what you consider to be the tendency of the teaching ? Yes ; I am decidedly of that opinion, that immoral conduct is the necessary consequence. 143. "Have you ever yourself known an instance of immoral conduct, as growing out of that tendency ? The doctrine at Maynooth comes again in point. I do not know whether I would be justified in honour in stating what I have known. 144. "Do you consider now that any considerable pro- portion of the students at Maynooth were immoral men ? That was my impression from my experience, and that the 56 THE CONFESSIONAL. state of celibacy that they were obliged to live in, and the teaching in theory in the College, and afterwards reducing this daily into practice, had a direct tendency to produce immorality in their lives. It was generally the case ; I have no hesitation in stating that. 145. "Are you able to say whether or not there were immoral men in Maynooth, among the students that you knew there ? Of course I have more cognizance of the characters of the priests than of the students ; where there were so many as 500 in the house, it would be hard to form an opinion. I can only say that I knew about two persons, as I thought, with very carnal minds. I made very few acquaintances in the house ; I went through it very quietly, and I hope as prayerfully as any one. One I was acquainted with, the other only accidentally. I should not give this as a rule to form an opinion of the body of the students in the house ; but I certainly am prepared to state it as my decided conviction, that Maynooth is a great hot-bed of mistaken piety, and as a consequence a hot-bed of disloyalty, for from the constant discipline, and the manifold times of praying, and going to confession, &c., and the students thus working out their OAvn self-righteousness, must, if sincere at all, be prayerful persons ; but the system being false, on the con- trary, then, the more they practise it the more bigotry it produces in their minds, and a feeling of insubordination and disloyalty to their Protestant separated brethren. 146. " On the subject of morality, did you find, as the result of what occurred at Maynooth, that it led to immoral conduct, or the reverse ? Decidedly to immoral conduct, subsequently on the mission. 147. "Have you, in your mind, any number of instances in which you were acquainted with the fact of immoral conduct having been the result ? Decidedly, and to a most disgusting degree ; in fact, I had great struggles with my own conscience and mind, before I changed my religious opinions before the Spirit of God enlightened me. 148. "With regard to the two persons of whom you spoke, have you heard of any immoral acts of theirs ? Yes ; and I looked upon them as carnal-minded persons, every way. I think they were expelled ; they both left the house at all events ; whether expelled I cannot say ; withdrawn, may be. The government of the house was managed in that way, that we could not know whether they were withdrawn THE CONFESSIONAL. 57 or expelled. They were either expelled, or obliged to leave the College." The Eev. D. I. BRASBIE, educated at Maynooth, but now a Protestant, p. 311 : 77. "I think that the Treatise on Matrimony should never be put into the hands of any student. I do not see what connexion the Treatise on Matrimony has with the Scripture at all, so far as a young man is concerned. No man, unless he were an angel, could sit down and read those tracts, and the questions and answers inserted in them by foul-mouthed theologians, without feeling. I say it with regret, but it is a fact. Let any gentleman look at those questions and answers, and I defy him not to condemn them. Let him look at Liguori, and Dens, or Bailly though Bailly is the class-book, yet the students are at liberty to read the other books, one is just as bad as the other. What connexion has the reading of this filthy matter with the Word of God, or with the salvation of a man's immortal soul ? How will it take a man to heaven by prying into what happens between a married man and his wife ? 78. " Have you anything to state as to the period of the course at which this is communicated ? It is communicated in the second year of the Divinity course. 79. " In the early or latter part of the second year ? There was some other tract read during the whole year whether it was before Christmas or after I cannot say. It is twenty years ago since I left the College. 80. " Was there anything peculiar in the mode of giving the instruction? Nothing more than teaching anything else. Questions were asked and answers were given in the very same way in which other theological questions were treated. 81. "Who was the professor who lectured you? Dr. O'Hanlon, who gave me a very high character at the Maynooth trial. 82. " Was there anything peculiar in his manner in lecturing on this subject? Nothing whatever; just as he treated the other tracts during the time. 83. "Did he treat the matter seriously? Yes; and I must say there was a seriousness in regard to the students. At the same time, I have known some of them, to have felt the delicate position in which they were placed. 58 THE CONFESSIONAL. 84. " Do you remember that Dr. O'Hanlon ever exhibited any levity on this subject ? I think the contrary. 85. " Do you remember that any levity was exhibited by the students ? I do not. On the contrary, I recollect seeing one student go on his knees to pray immediately after reading the tract, which shows the dangerous nature of it. 94. " Do you remember whether it was at all the custom for the students who attended this course of lectures, De Matrimonio, to joke or treat the subject lightly amongst themselves when they were not attending lectures in their walks, for instance ? No more than saying it was a dirty or a dreadful matter a horrible matter. They rather took the other view of it, and seriously thought it was filthy stuff altogether. 95. " They treated it rather with repugnance than in any other way ? Yes, positively." Rev. W. J. BURKE, educated at Maynooth, but "joined the Protestant Church in 1844," answers at p. 312 to question 10. " Is there anything which you would wish to state in regard to the teaching at Maynooth, as it passed under your eye, independently of the peculiar dogmas of the Roman Catholic Church, but regarding its operation upon general morals, or upon the duties of citizens to the State ? In regard to general morals, the question has come rather suddenly upon me. On the treatise ' De Matrimonio,' I recollect the teaching of it with much pain ; I have known many of the young men, when studying certain parts of it, to have gone into the chapel, and to have read it on bended knees ; I saw many young men that I conceived to be not of very strong passions, they thought it necessary to go in before what they believed to be the body and blood of Christ Jesus, on bended knees. I would say, in a general manner, that the teaching on the matrimony treatise was to me exceedingly disgusting ; and it appeared to me to have a tendency to injure the morals of the young men. 11. "In what year was that part of the subject treated in your course ? In 1829. 12. " Was that the year in which you studied theology ? Yes. 13. " You entered into what is called the Second Humanity Class ? Yes ; I read Humanity, Logic, Metaphysics, Ethics, THE CONFESSIONAL. 59 Natural Philosophy, and two years' Theology in Maynooth, and a third in Waterford. 14. " In what year's theology did what you have before stated occur ? In the first year, 15. "In what part of the course ? ' De Matrimonio.' 16. "Was it before or after Christmas? After Christ- mas ; ' De Religione ' was read before Christmas, and ' De Matrimonio ' after Christmas. 17. " What was the class-book used upon the subject * De Matrimonio ? ' Bailly. 18. "Did you attend the lectures of Dr. O'Hanlon on this subject ? Certainly. 19. " Was it in the lectures upon the Treatise * De Matri- monio' that these subjects were treated ? Yes. 20. " Were they treated of in any other treatise, besides the Treatise ' De Matrimonio ? ' No." Rev. Dr. BUTLER, P. II., p. 333, educated at Home : 1. " Are you a native of Ireland ? Yes ; I am a native of the south of Ireland. 2. " Where were you educated ? In Malta and Rome ; I went out to Malta very young ; I was educated in the Do- minican University at Malta, in philosophy. 3. " Where did you study theology ? In Rome. 4. " Not in Malta ? No. 5. " Where did you study theology in Rome ? In the College of St. Thomas of Aquin. 6. "Did other Irish students study theology there ? Yes ; it is the first theological College in Rome. 7. " Is it intended purely for the ecclesiastical state ? Purely. 8. " What are the numbers there ? There are supposed to be two Dominicans from every kingdom in Europe, and like- wise North and South America. There are sometimes more, and sometimes less. 9. " About what number of students were there studying theology ? I think we were, in the Divinity Class, at one time, thirty or thirty-two. 10. " Are the Commissioners to understand that it is a College of the Dominicans ? Yes ; it is called the College of St. Thomas of Aquin. 11. " What number of teachers were there for the train- ing of this number of pupils ? Five teachers, and one of 60 THE CONFESSIONAL. those was supposed to be the Divinity Professor in the Roman University. 12. " Do any of the students in that College take degrees in the University of Rome ? They take degrees in the Col- lege itself. 13. " Did you complete your education in that College ? Yes ; and I took orders in Rome at the same time. Then I was sent by the Propaganda to be Missionary to the British Roman Catholic troops and civilians in Malta, and likewise I was sent by the Dominicans to be a Professor of Philosophy in the Dominican University there. 14. " Is the College of St. Thomas in which you were edu- cated connected with the Propaganda ? No ; but the Mis- sionaries educated there, of course, are in a certain sense under the surveillance of the Propaganda. 15. " Was there an Irish College in Rome when you were educated there ? Yes. 16. " Does it exist now ? Yes. 17. "Are Irish students in theology educated there? Yes. 18. " Are any but Irish students educated there ? None but Irishmen in the Irish College that I am aware of. 19. " About what number were there in the Irish College ? I believe, in my time, between fifty and sixty ; but then there were other Irish students educated in other colleges, besides some in the Propaganda, and some in different col- leges belonging to the regular orders." Dr. Butler states, as will be seen more fully in the follow- ing questions and answers, that in St. Thomas's College at Rome the treatise " De Matrimonio " was passed over as too indelicate except the portion de impedimentis, which the students were desired to study privately ; and says that in many colleges Liguori is not a class-book. When a student at Rome he was not permitted to read it. He goes into a greater amount of particulars than is deemed necessary. It was the received opinion at Rome that this work is not one of Liguori's, but was written by a Jesuit of the name of Busembaum. 67. " You stated, in answer to question 44, that there was a material difference between the teaching of Liguori and the THE CONFESSIONAL. 61 teaching of the books used at Maynooth, in certain particu- lars ? Yes ; as to what the Eoman Catholics call the sixth commandment. 68. " Do you mean to say that the teaching of Liguori goes into a greater amount of particulars than is thought necessary in Roman Catholic colleges ? Yes ; again, it must be remembered that Liguori is not a class-book for many Colleges. 69. "It is a book of reference, is it not? No ; when I was a student, at Rome, I was not permitted to read it ; it is the received opinion, in the Roman Catholic Church, that it is not the work of Liguori, that it was not written by him- self, but written by a Jesuit, of the name of Busembaum. 70. " In what way were those chapters taught to the young men, and at what period of their course ? In the regular order of their studies. 71. " Did the teaching come early or late in the course ? It came, generally speaking, late, because the treatise on the sacraments and the ten commandments comes, generally speaking, in the latter end of the course of moral theology. 72. " Therefore, it comes a short time previously to the assumption of orders ? Yes ; a very short time. 74. " The treatise ' De Matrimonio ' is part of the course of positive theology, is it not ? Yes ; but when I studied at the College of St. Thomas, the professor passed it over, and did not explain it, excepting ' de impedimentis.' 75. " Was any reason assigned for that ? He assigned a reason, that it was so indelicate that he did not like to touch upon it ; and he desired us to study, privately, the impedi- ments to matrimony. 76. " It was not considered there necessary to give in- struction upon the whole of that subject ? No ; but then I can assign a reason for that ; because persons in those coun- tries, old and young, are addicted to the very crimes which are detailed in Liguori, and are almost naturalized to them ; it is not necessary to teach a person from this country those things ; they are unknown to the people of this country, and they were not dwelt upon, because the native students almost understood them as well as Liguori himself ; but our men did not know anything of them, and I think it would be very sinful to explain them to them. 77. " Did you never have an explanation of them ? Never. 62 THE CONFESSIONAL. 78. " It is not, at Rome, considered essential than an ex- planation should be given ? I think not ; the other class- books are quite different from Liguori, in this matter ; they do not enter into the details that he does ; Liguori's is a work that has caused a great noise here, and in England, so much has been said about it. 79. " Were the other class-books, not Liguori's, but bear- ing upon the same subject, read? They were read; but they are not at all like Liguori's ; they do not enter into all the minutiae that he does. 80. " But other class-books, on a similar subject, were read? Yes." CHAPTER V. THE GALLICAN LIBEETIES. IN the evidence of the Rev. THOMAS FURLONG, p. 100, we have the following questions and answers upon this sub- ject : 171. "The same spirit prevails now which did at the time of the former investigation ? Yes ; I am not aware of any difference, save that a more decided bias prevails generally in favour of the infallibility of the Pope and his authority in spiritual matters. 172. "In regard to those points which are commonly called the Gallican points I do not mean those that par- ticularly relate to the Gallican Church as the Gallican Church, but the general current of Gallican doctrine does the same kind of opinion prevail in the teaching of the Col- lege now as before ? I may say that it is precisely the same doctrine. The Gallican points are embodied principally in the four famous articles drawn up and subscribed by the French bishops in the year 1682. They declared " Firstly. That kings and princes could not be deposed, nor their subjects released from the allegiance due to them, by the authority of the keys of the Church. " Secondly. That the decrees of the Council of Constance, affirming the superiority of General Councils over the Pope, were to be held firm and inviolate. " Thirdly. That the use of the apostclic power was to be regulated by the canons. " Fourthly. That the decision of the Pope was not to be held irreversible, unless confirmed by the approval of the universal Church. " The first article is held by us, and averred on oath. 64 TJLTRAMONTANISM AND GALLICANISM. With regard to the rest, they are considered now, as before, subjects for discussion outside the strict boundary of Catholic faith : though generally there prevails a higher view with regard to the prerogative of the Sovereign Pontiff within the spiritual domain which properly belongs to him. 173. "In regard to the authority of the Pope, the same doctrine prevails now as then ? The same doctrine prevails as to the power of the Pope over temporal rights of sovereigns ; we hold the same doctrine that was always held in the College." ULTRAMONTANISM AND GALLICANISM. With reference to this same subject, we find the Rev. HENRY NEVILLE, in the course of his evidence, states, Part II., at p. 353 4, as follows, in reply to Q. 170. " Perhaps you will state what you understand to be the leading distinction between the Ultramontane party in the Roman Catholic Church and those who differ from them, and who have often been called the Gallican party ? The general characteristics of those two classes of opinions are, that in matters of free discussion, relating to Papal power and privileges, the Ultramontane supports the part of the Pope, the Gallican is against him. I have said matters of free discussion, for in matters of doctrine or necessary discipline there is no diversity ; the Gallican is a sound Roman Catholic, in every respect as sound as the Ultramon- tane. This is certain ; no theologian can be ignorant of it ; and the person who proposes the opinion in a different light misunderstands or misrepresents them both. Yet, seldom, if ever, are they presented to the public in this light. Journalists are every day introducing Ultramontanism and Gallicanism into their articles, and in most instances they might as truly and as aptly introduce the Salic law. Some of them put forward doctrines plainly at variance with Catholic faith, and call them Gallicanism, simply because they are opposed to some Papal prerogative, forgetting that the Gallican is a most stedfast supporter of the Pope. Others, again, parade Ultramontane opinions as Catholic faith ; and, lest this should not sufficiently tax the belief and the obedience of the faithful, they make Ultra- ULTRAMONTANISM AND GALLICANISM. / 65 montanism include pretensions that no educated supporter of the opinion, even the most extreme, ever dreamed of asserting. The real points at issue between Ultramontane and Gallican theologians are, the Pope's infallibility ; the relative superiority of the Pope or a general council ; the immediate source of episcopal jurisdiction ; the power of the Pope to interfere in the temporals of kings or states ; and the question whether pontifical laws bind, loithout being accepted in the particular countries, by the very fact of their having been promulgated at Rome. All these points are not, however, insisted on by either party with the same tenacity with which they were originally defended. More mature and cool discussion, and even changes in circumstances, have brought about a partial compromise in some of them. We find Peronne, a living author, a decided Ultramontane, stating that the Pope's infallibility is scarcely a practical question, since the condition required by the Gallican, namely, that the consent of the Church be obtained to the Papal announcement, before it becomes infallible, is always obtained before the ultimate decision of the Holy See is issued. (Tom. ii., Paris edition, 1019.) The same writer omits entirely the question of the Pope's temporal power ; and even those who do assert this claim have become in modern times less confident of their position. Again, let the Ultramontane teach as decretorially as he can, the spe- culative truth, of the proposition that Papal laws bind every- where without acceptance, de jure, he cannot deny that particular countries are not affected by certain Pontifical laws, de facto. On the other hand, the extremeness of the Gallican opinions also has been moderated. Most theo- logians will now admit, that the question of superior power between the Pope and a General Council, for a normal state of the Church, involves an impossible hypothesis, as ordinarily no Council could be general without the Pope ; and makes an unnatural opposition, namely, between the members and their head. Nor, finally, could the question, whether bishops derive their jurisdiction from Christ, or have it from the Pope, as the channel of all jurisdiction, be looked on at present as anything more than a speculative doubt, though the Gallican view was, at one time, made practical in one of its consectaries. See ' Carriere de Matri- monio,' vol. ii., page 291, where he states that the opinion that bishops had, jure divino, the power to dispense in im- 66 THE CISALPINES AND THE ULTRAMONTANES. pediments of matrimony, was at one time more common, and was freely acted upon by bishops. No one, I imagine, would now assert that, for such a question, it mattered anything whether the jurisdiction was from the Pope or not, since this much must be admitted, that whatever jurisdiction bishops possess, or however they acquire it, it is subjected to the jurisdiction of the Pope. Hoivever, the speculative opposition of the opinions is nearly as great as ever; and even in some minor points, or consectaries of the leading questions, very practical differences still subsist" THE CISALPINES AND THE ULTRAMONTANES. 171. "Are the Commissioners to understand that the difference between the Ultramontanes and the Cisalpines relates not to the power of the Church, but to the power which the Pope has in the Church with regard to matters generally ? No, that would scarcely express it ; there is no difference as to the Pope having the first and supreme authority and jurisdiction, entitling him to the subjection and obedience of the whole Church there is no difference as to that. To exemplify the matter: a bishop need not accept as a matter of faith, requiring the assent of his mind, a doctrine declared by the Pope ' ex cathedra ; ' or what has been issued as a matter of necessary discipline, he need not accept as a matter of necessary discipline, in conse- quence of the G-allican opinion ; but if the Pope command him to accept them, he must accept them as a matter of obedience, because the Pope is his supreme ruler, to whom he must render obedience in all things lawful. A certain quota of power is therefore recognised in the Pope by both parties ; the difference is as to other additional power or prerogatives. 172. " He can overrule action as the administrator of dis- cipline where he does not overrule opinion by exercising a jurisdiction over faith ? Yes. 173. "You say that although a bishop may dissent from the propriety of what the Pope directs in matters of faith, he is still bound in matters of discipline to obey ? He is not bound to accept the Pope's definition as an article of faith, but he must obey the Pope's command as a matter of discipline. 174. "But if the Pope declares a matter of faith or a matter of morals, he is not bound to accept and assent to THE CISALPINES AND THE ULTRAMONTANES. 67 what the Pope so declares unless it is accepted by the universal Church ? He is not bound to believe it to give it the assent of his intellect." On the subject of obedience to the Pope in matters of dis- cipline, we find the following at p. 354 : 175. "Is the Pope's supreme power limited to matters of discipline ? No, but it is a matter of necessary discipline to obey the Pope even in things doubtful. Thus, if the Pope prescribes a thing appertaining to his department, that is either good or indifferent in its nature, the bishops and the faithful are bound to adopt it ; but if we could suppose him to prescribe anything in itself bad, or injurious in the cir- cumstances of the community, neither bishop nor faithful can be then bound to obey him : for instance, if he prescribed the withholding of allegiance from a lawful sovereign. Thus, the Pope's power in cases in which it is not of itself supreme, will, in some circumstances, be enforced through discipline. But the supreme power is not limited to discipline." The question as to the practical bearing of these principles on points of national interest and importance, receives some illustration from the answer to question 176. " Supposing an order were issued by the Pope that Roman Catholic ecclesiastics should not act in the Queen's Colleges, and that the laity should not send their children thither, the ecclesiastics would be bound to obey, but the laity would not ? Ecclesiastics would be bound to abstain from any communication with those colleges, because, their interests not being involved in them, the matter enjoined would be in their respect indifferent. The Jaity, on the con- trary, finding the thing commanded not only injurious to their interests, but morally impossible to observe in the circumstances of the country, would not be obliged to abstain. They might, moreover, most reasonably presume, that if his Holiness understood their condition aright, he would be very far from imposing on them so inconvenient an obligation. 177. "Has it not been stated that the Ultramontane canonists have abandoned even the indirect temporal power of the Pope ? What has been stated I believe to be this, that very few now vindicate temporal power to the Pope, uud that no one at present defends it on the title on which it F 2 68 THE CISALPINES AND THE TILTRAMONTANES. was vindicated to him formerly, and which appeared to be the only defensible title on which it could be supported, namely, the clause at one time inserted in the oath taken by monarchs at their installation, which seemed to make the allegiance of their subjects to them conditional on their own loyalty to the Holy See. 178. "If this indirect power is not rested upon the same titles as before, upon what title is it rested? The only title on which any person at present could claim for the Pope temporal power would be this, that temporal and spiritual interests may clash ; and in such event, the temporal interests being inferior, should give way before the spiritual ones opposed to them. And thus the Pope, as spiritual head of the Church, though possessing no direct temporal power, may, by virtue of his right to enforce spiritual considerations, acquire a control over temporal concerns. 179. "Is that doctrine entertained and taught at May- nooth? There is no such doctrine as that entertained or taught at Maynooth. 180. "Of that you speak confidently? Yes, confidently; nor do I think it is taught in any theological school at the present day ; it is mainly sustained by some writers, who are not theologians, the most distinguished of whom is Le Maistre." Rev. G. CROLLY, p. 23, referring to the subject of the Gallican Liberties, says : 12. " Neither pure Ultramontanism nor pure Gallicanism were taught in Maynooth College. I have always taught what I believed to be true, and did not think myself obliged to follow either party, except where the truth led me." .... " I have always taught, in conformity with the first article, that the Pope has no direct or indirect temporal power." The Rev. Doctor does not believe that the second article of the Gallican Liberties states facts correctly ; and thus puts his objection : " The second article declares that the decisions of the Council of Constance, in the fourth and fifth sessions, are in force, that those persons cannot be approved of who confine their operation to the time of schism, or when it is doubtful who is Pope, and that those decisions were confirmed in this THE CISALPINES AND THE ULTEAMONTANES. 69 sense by the Holy See itself. I do not believe that this article states facts correctly. I do not believe that the Holy See ever confirmed the decrees of the fourth and fifth sessions of the Council of Constance, which declare a General Council without the Pope to be superior to the Pope. Moreover, on referring to the fifth session, it is manifest that it does not regard, as far as it relates to the Pope, defined doctrines at all ; it regards the conduct of one of the three Popes then con- tending for the Papal supremacy. It was declared that John had unlawfully departed from the Council ; it was declared that he was bound, under pain of excommunication, to fulfil his promise of resigning the Papacy, and it was decreed that if he did not return to the Council of his own free will, he was to be brought back by force. These are mere human things, and cannot belong to faith. " And with regard to the fourth session, I do not see how the Gallicans could say that it was a defined truth, that the Council without the Pope was superior to the Pope. I believe that not to be the fact, and, of course, I do not teach it. I do not believe that it is defined at all, that the Council without the Pope is superior to the Pope. The name 'Ecumenical Council' has been applied either to the Pope and the Council, or to a mere assembly of bishops without the Pope. An assembly of bishops of that kind is supposed to represent the whole Roman Catholic Church. Those bishops must be representatives, either by being elected as such, or by assembling in one place in sufficient numbers to represent the entire Episcopal body. There is no other mode. There is no power in the Church to elect bishops, so as to enable the elected bishops to carry with them what we believe to be the spiritual prerogative of each individual bishop. There may be such elections held for instance, in Ireland, two or three bishops may be sent to represent the whole body, but no bishop can give to his brother any of his own prerogatives ; consequently the only way of assembling a General Council is, by the bishops meeting in one place in sufficient numbers to represent the entire body. " If a majority of the Roman Catholic bishops assembled together, and if they defined any doctrine, as of faith, un- doubtedly that decision, in our opinion, would be the decision of the Church, because the Church would err, if a false doctrine, regarding faith or morals, were proposed as of faith by the majority of the bishops. But there was never such a 70 THE CISALPINES AND THE ULTRAMONTANES. Council ; not a tenth or, perhaps, a fifteenth of the bishops ever assembled together ; and how do I know that the Council is ecumenical at all, since it consists of so small a minority of the bishops. In the second General Council there were only 150 bishops present, and in the third, only 200, all Easterns, whilst at a National Council of Africa, held in the time of St. Augustine, there were 217 bishops. During the session of a Council, very often it is uncertain ivhetherit is ecumenical or not, and it is never certainly known, although it may be thought to be ecumenical, until it has been confirmed by the Pope. We believe that, in teaching faith and morals, the privilege of inerrancy has been conferred on the Episcopal body, but not on any small fractional part of that body which may assemble in the same place. In order to be sure that the decision is unerring, we should be sure that it is the decision of the majority of the bishops. If the ma- jority of the bishops opposed the Council it would have erred." The witness having stated at p. 23, 12, that "the name ' ecumenical Council ' " has been applied either to the Pope and the Council, or "to a mere assembly of bishops without the Pope," states, at pp. 24, 25, in answer to question, 1 8. " Is it not sometimes said, that such and such a Council is not accepted by such and such a Church ? " as follows : " As to decrees regarding discipline, that is the case ; and there is one General Council that of Constance some of whose decrees, those passed in the fourth and fifth sessions, are not of faith, because some of them regard personal matters, and none of them have been confirmed by the Pope, or accepted as of faith by the universal Church. The ecumenicity of the fifth Council of the Lateran is still a matter of dispute. The practical result of this is, that the things defined by a Council whose ecumenicity is doubtful are not of Catholic faith. I have mentioned one case, the fourth and fifth sessions of the Council of Constance, in which the ecumenicity of some of the sessions of a General Council, whose other sessions have been confirmed by the Pope, is disputed amongst Catholics, and that the definitions of the fourth and fifth sessions are not of faith. This is the general rule wherever there is a reasonable doubt either about the meaning of the definition, or about the competence of the THE CISALPINES AND THE ULTKAHONTANES. 71 authority proposing it, the conclusion is always certain thai it is not of Catholic faith" It is difficult to say on what sufficient ground, even according to Eoman Catholic theology, the recent dogma of the Immaculate Conception is made to rest, when we read the following passage from the evidence of this witness. Possibly Eomanists may be satisfied with their theory that the revealed word consists of the written and the unwritten, and that from this latter portion, called tradition, the Church has power to produce from time to time such articles of revealed truth, before generally unknown, as to the Church may seem good, as suited to her own wants or the peculiar nature of the time at which any new dogma may be pro- claimed. Dr. Crolly thus continues, " There are three things required essentially in every definition of faith. "First, that. the thing be definable, that is, that it be a revealed truth, and consequently nothing can be defined but what has been revealed before the death of St. John. Individuals may be favoured with a private revelation. God can reveal what he pleases, and when he pleases ; but the public revelation for the whole Church was completed at the time of St. John's death, which took place about A.D. 100. This at once excludes all personal matters and facts which have occurred since the time of the apostles from the definitions of faith. The definition must regard either a revealed truth, or a general moral duty, which concerns the whole Church. That is, it cannot be a moral duty, the truth or falsehood of which depends upon anything that may occur in this country or in France, or anywhere else ; because on these points, though the Church can coerce persons to obedience by laws regarding discipline, she cannot define them to be of faith ; the reason is obvious, for they are mere matters of fact, and not revealed truths. " Secondly, the revealed doctrine must, moreover, be proposed by a competent authority before it becomes an article of Catholic faith. This authority, as I have already explained, is the Church and the Pope. " Thirdly, it must be proposed to be believed as of faith, 72 THE CISALPINES AND THE ULTRAMONTANES. because everything that is said casually, and not intended to be proposed as of faith, or arguments adduced in favour of a doctrine, are not articles of faith. The doctrine must be proposed formally by a competent authority as an article of faith. It may be that there exists a doubt as to the competence of the authority by which an article of faith has been proposed, as, for instance, whether the fifth Lateran Council was or was not an ecumenical Council ; the Ultra- montane theologians held that it was ecumenical, and the Gallican theologians denied its ecumenicity, and consequently things said to be defined there are not of faith ; for instance, that the Pope is above a general council, is not of Catholic faith." Rev. J. O'HANLON, at p. 16: 186. " With regard to the first doctrine of the Gallican Liberties, is it not a question in dispute among Koman Catholics ? It is : though we may regard the opinion which attributes either direct or indirect temporal power to the Pope or to the Church as being almost obsolete. The only writers who have attempted to revive it in modern times are Dr. Brownson, a recent convert to Catholicity, and editor of an American review, and the famous La Mennais, who has been condemned by the Holy See, for the extravagance and eccentricity of certain doctrines which he held. I might here observe, that in a document addressed from Rome by Car- dinal Antonelli, to the Irish Catholic Prelates, so early as 1791, it is expressly affirmed that the Holy See regards that man as a calumniator, who imputes to it the tenet, ' that an oath to kings separated from the Catholic communion can be violated, or that it is lawful for the Bishop of Rome to invade their rights and dominions.' Pope Gregory XVI., also, not only in his encyclical letter of 1832, but in his reply to the declaration of the Prussian Government in 1838, lays down principles which appear to me to be irreconcilable with the opinion which invests the Pope, or the Church, with direct or indirect temporal authority. He adopts the doctrine of Tertullian, and of some others of the early fathers, that no cause whatever can justify the deposition or dethronement of a king, and that the people should patiently endure every sort of tyranny and oppression, rather than have recourse to so violent and dangerous a remedy, This doctrine is as in- THE CISALPINES AND THE ULTRAMONTANES. 73 compatible with the deposing power of the Pope, as it is re- pugnant to the ideas of the political writers of these coun- tries." There seems to have been an impression that this work of Dr. Brownson had found its way into Maynooth College. This, too, appears not without foundation, for in the evidence of the Eev. R. F. WHITEHEAD, D.D., Vice-President of the College, we find the following at p. 221 : 302. " It has been asserted that the Review of Dr. Brownson, which advocates doctrines at variance with the proposition of Dr. Delahogue, is read extensively by the students at Maynooth. Have you had occasion to apprehend that such is the fact ? No ; I am inclined to think the con- trary : because such reading is prohibited by rule not as to Dr. Brownson individually and distinctly, but as to all periodicals ; and, were I to meet Dr. Brownson's Review in a student's room, I would take it away." He further adds (307) he has never heard of its being in the hands of a student in the College. The Rev. HENRY NEVILLE, p. 351, 1 39. " It has been stated to the Commissioners that Liguori, which has been said to be a book of reference in Maynooth, volume i. page 109, ' De Legibus,' contains this passage, ' The Pontifical laws oblige the faithful, though only promulgated at Rome;' and this was cited for the purpose of showing that the decrees of Popes are binding on the faithful ? This is a question on which theologians are divided. The Ultramontane school hold that the Papal laws, by the fact of being published at Rome, bind the whole Catholic world. The Gallican theologians, on the contrary, assert that, in order that the Papal laws should bind in any par- ticular country, they require express promulgation in that country. The latter is the opinion held in our class-books, for which I refer the Commissioners to Bailly on 'Laws' (Lyons, 1833), marked volume vi. page 551, where, to the question whether ecclesiastical laws made by the Pontiff, or by Councils, bind before they are published in the particular 74 THE CISALPINES AND THE ULTRAMOXTANES. provinces, he answers, that, ' Ecclesiastical laws, even those made by the Pontiff in matters that regard discipline, do not bind before that they have been published in each province.' He then subjoins his reasons, which it is not necessary to enter into. The doctrine expressed in Bailly, is the one held and taught by the Theological Professors of Maynooth, and generally adopted by the bishops in this country. Dr. Doyle and Dr. Murray, in their evidence before the House of Commons, in accordance with this opinion, stated that the Bulla Ccentz was never received in these countries." CHAPTER VI. ANTI-SOCIAL PRINCIPLES POPEEY. ROMISH teaching involves principles of an anti-social cha- racter. It does so in two ways : 1. As weakening the ties of moral obligation. 2. As favouring persecution. I do not find that the Commissioners have reported on these points. On some other points they have reported in a way that seems " passing strange " to those who have examined the evidence which has been given, and know much about Romish casuistry. OATHS. Dr. MURRAY, in his written answer, p. 363, to the question in Paper K, " What doctrine is taught by you on the subject of an oath pledged to, or a contract made with, a heretic by a Roman Catholic ; whether it is of equal validity and equal obligation with an oath pledged to, or a contract made with, a Roman Catholic in the same matter ?** says : A. " The doctrine always held and taught by me is, that an oath pledged to, or a contract made with, a heretic or any other person, whether baptized or unbaptized, is of equal validity and equal obligation with an oath pledged to, or a contract made with, a Roman Catholic in the same matter. Moreover, I hold this not as a private opinion, not as a doc- trine that appears to me more probable, but which others are free to reject. I hold it as absolutely certain, the opposite of which no theologian is at liberty to maintain. I know of no theologian who holds the contrary : I do not recollect to 76 ANTI-SOCIAL PRINCIPLES OF POPERY. have seen any theologian quoted by any of our writers as holding the contrary."* This is about the strongest assertion on the subject. It seems at first to exculpate Popery, at Maynooth, from the charges made under this head, and to be entirely at variance with the impression which Protestants have upon the subject. But here it is to be observed that amongst Roman Catholics themselves there are some cases where an oath taken does not impose an obligation ; other cases in which it may become void or the obligation be subsequently removed. The answer only states, therefore, that in all instances where the cases are at all similar wherever any oath would not be binding, as between Roman Catholic and Roman Catholic neither will it be between Roman Catholic and Protestant. But, further, though no theologian may be at liberty to maintain or assert the contrary, the Canon Law distinctly does so. A brief reference and quotation may tend to make this clear. REIFFENSTTTEL'S Jus Canonicum supplies the evi- dence. As to the authority and celebrity of this writer, Dr. Murray thus expresses himself, p. 365 : " Reiffenstuel, one of the most celebrated, perhaps the most celebrated of our Canonists." In Reiffenstuel, Decretal, tit. vii. de Hcereticis, it is asked, " Are vassals, and servants, and others, freed from private obligation due to a heretic, and from keeping faith with him ? " Answer. Yes. All are so by the clear disposal of the law." Again, it is inferred also, 1. " That he who owes any- thing to a heretic by means of purchase, promise, exchange, pledge, deposits, loan, or any other contract, is ipso jure free * The Kev. Doctor's answer on the coercion of heretics and the elaborate reasons for it, will be found in the Appendix to this Digest. ANTI-SOCIAL PRINCIPLES OF POPERY. 77 from the obligation, and is not bound to keep his promise, bargain, or contract, or his plighted faith, even though sworn, to a heretic." Then, on the subject of oaths taken by lay officials, it is there stated, tit. xxiv. De Jure Jurando, No. 81, that "a general oath of observing the statutes, capitulations, or customs of any Church or community, obliges only to observe things lawful, possible, and not prejudicial to the liberty of the Church. Such is the common opinion ; and it is expressly decided in the first chapter, by declaring that those oaths which are accustomed to be taken by Powers, rulers, and lay officials, in the beginning of their office, and which sometimes contain things unlawful and prejudicial to ecclesiastical immunity, ought to be observed only as to those things that are lawful ; since, as to other things, they cannot be observed without an offence against the Divine Majesty." This cannot be referred to Mediaeval ignorance or darkness. The writer is eulogised by Romish divines. Dr. Murray tells us in a foot-note, p. 365, the work was first published 150 years ago, and also at "Rome 1831-3, with the impri- matur of the Master of the Sacred Palace and the Pope's Vicegerent." This, too, is the Edition consulted by me on former occa- sions, and to be found in the British Museum. Many of the principles of Popery are so interwoven one with another, that it is impossible fully to treat of the sub- ject of one without introducing something which belongs also to another. Thus what I am about to give on the subject of oaths, as affecting allegiance, may be said properly to belong to the division which treats of the disloyal and anti-national prin- ciples of the Papacy. Yet portions of it seem also to be so inseparably connected wfth that declaratory power which the Pope, as Head of the Church, claims the right of exercis- ing, with reference to oaths, promises, and obligations, that this division of my subject would be defective if they were not introduced here. 78 ANTI-SOCIAL PRINCIPLES OF POPERT. Thus the Eev. DAVID MORIARTY, DJ)., P. II., p. 128, is asked, " Are there no circumstances under which the Pope could release a citizen from his oath of allegiance ?" and answers, " Most emphatically I say none." This might be deemed conclusive. .But it is so obviously at variance with the known practice, and the supposed principles of the Papacy, that the Rev. Doctor seems to have felt satisfied he could not let the matter rest there. He therefore proceeds to point out, that though the Pope has no enabling power by which he can release a subject from the oath of allegiance, yet he has a declaratory power, by virtue of which he can declare that under certain circumstances which have arisen, the oath has lost all its binding efficacy ; in other words, that the subject is released from his oath of allegiance. Now I am aware that Romish casuists may contend that, as regards the Church, it is very different whether such a result as getting rid of the obligation of an oath is attained by the exercise of the declaratory, or by the exercise of the dispensing power. But all will probably see that, as regards the Sovereign and the subject, it matters but little whether the obligation be got rid of by the declaratory or the dis- pensing power. Of this subject, Dr. Anglade, Professor of Moral Theology at Maynooth, was examined before the Committee in 1827 ; and his important testimony, as elucidating the distinction now pointed out, will be found in the Eighth Report of the Commissioners of Irish Education, Appendix, No. 24, p. 171. An extract from it is given at a subsequent page of the pre- sent chapter. Thus it is the promise is kept to the ear of the nation, but broken to its hope:* Most emphatically the Very Rev. Dr. Moriarty assures us there are no circumstances under which the Pope can release a subject from the oath of allegiance. Very satisfactory, some would say very conclusive. Yet mark what follows, and how it opens wide the door to the Vide "Maynooth College Grant," by J. Lord. 1841. P. 78. ANTI-SOCIAL PRINCIPLES OF POPERY. 79 very evils we had foreseen, the very dangers we had appre- hended, and shows clearly that the Pope may remove, or declare to be removed, from the consciences of Roman Ca- tholics, all obligation imposed by any oath of allegiance to their temporal Sovereign. The Rev. Doctor continues : "But as our greatest constitutional lawyers, and, as I think, our best theologians, hold that there are cases when the allegiance of the subject ceases, and when the Government of a country may be justly overthrown, I consider that the Pope is the fittest authority to decide in many cases ivhether such circumstances have arisen ; in many cases he could not decide, and I firmly believe that in such cases he would not undertake to do so. In no case can he cause the allegiance of a subject to cease ; his poioer in such a matter being simply DECLARA- TORY, not ENABLING." Reference to the Pope in cases between Sovereign and subject. 130. " Would his so declaring it become obligatory on the conscience of the party to whom it was addressed, or would it operate merely as a matter of advice ? Since alle- giance is a debt paid by the subject to the Sovereign, I do not see what sin there could be in paying that allegiance, if the subject desired to do so, even though it were not due. A release is a ivithdrawal of a duty or obligation, not the imposing of a new one ; it is in the nature of a privilege quo nemo uti tenetur. 131. " But he would have removed the obligation from the conscience ? HE WOULD declare it removed by circumstances. 132. " But it would have the effect of removing the obli- gation from the conscience, would it not ? No ; he merely decides and declares that it is removed, and thus he may en- lighten a conscience which was in error, which erroneously judged itself under an obligation that had ceased to exist. J consider that I have a right to consult the Pope or any other ecclesiastical authority upon a subject upon which mob orators and newspaper editors are usually consulted in this country. 133. " With whom does the responsibility rest? Is the responsibility of disobeying removed from the party by virtue of the opinion expressed by the superior authority ? Were we to consult the Holy See upon our allegiance or obedience to our temporal Sovereign, and that an answer 80 ANTI-SOCIAL PRINCIPLES OF POPERY. were given to us, it ought to satisfy the consciences of Ca- tholics, considering the maturity with which the Holy See proceeds, and considering also that we know it to be an autho- rity divinely appointed and divinely assisted for our guidance in the way of salvation, and, consequently, in the path of duty. But as the Pope's infallibility does not extend to particular cases, and as the decision might rest on allegations, the truth of which some might doubt, / can conceive that, in certain circumstances, SOME might not be entirely satisfied, even though retaining all due reverence for the Holy See. 1 34. " Then it leaves it ultimately to their private opinion whether they are obliged by that release or not ?* I said before that a release does not impose an obligation ; but, con- sidering our general duty of obedience and reverence for the Holy See, and considering the caution with which that tri- bunal proceeds, we should rest satisfied with its decisions. 135. " Then it would have the effect of releasing the conscience of a subject from an obligation which the oath of allegiance had imposed upon him before, would it not ? It cannot effect a release ; it can simply inform the con- science that a release is already effected. 136. "Then it has no releasing power? Certainly, it has no releasing power. I hold the doctrine of Burke and Paley, which I believe to be also the doctrine of Suarez and Bellarmin, that a possible combination of circumstances may release from allegiance, and render rebellion lawful ; it becomes then a most serious question of conscience to de- cide when these circumstances have arisen. Paley holds * Notes subsequently added by witness. The difficulty here urged, and not fully answered, is, if the Pope is not infallible in these matters, why do Catholics feel bound to adhere to his decisions? It is true the Pope is not infallible in his judgment on particular cases. " Potest tamen Pon- tifex," writes an Ultramontane theologian (Wiggers, Tract, de Pontif. sa. 198), " non tantum ut privata persona sed etiam ut publica, non tantum sine concilio, sed etiam cum concilio, errare in judicio super particularibus qusestionibus et controversiis facti quarum determinatio tantum pendet ex hominum depositionibus et testimoniis, ad generalitatem autem morum non pertinet." But the Pope's pastoral office, and our duty of obedi- ence, extend beyond those matters in which he is infallible. We are bound to obey the Queen, we are bound to obey our parents, though neither the Queen nor our parents are infallible ; and though we should not obey them if their commands are manifestly wrong, our obligation is not, on that account, ultimately left to private opinion ; for it is our duty to submit our opinion, unless where there is evident error in the command, in diibio prcesumptio stat pro superiors. ANTI-SOCIAL PRINCIPLES OF POPERY. 81 that every man must decide this question for himself* that it must be left to the private judgment of each indi- vidual. Now, while we hold that, in certain manifest cases, individuals may decide for themselves, we say that, in cases of doubt, it is safer for society at large, and for the indi- vidual conscience, to refer the question to the most competent authority on earth, that authority which we believe to be the authorized expositor of the Word of God. 137. "Not only the authorized expositor of the Word of God, but the most competent authority as to its application to each particular instance f Yes, in those cases which the Pope would undertake to decide, for we know him to be the supreme pastor of the faithful and the proper guide of our conscience, and also the least prejudiced party to whom we could refer. 138. "Does not that leave the question of the allegiance of all the subjects of the world to their several Sovereigns entirely dependent on the opinions that may be pronounced by the Pope from time to time ? / think it would be well for the Sovereigns and subjects of the world that the matter were left to the Pope ; but it seems to me that this opinion leaves allegiance no more dependent on the Pope than Protestant theology leaves it dependent on individual conscience." * The following are the words of Paley : "The justice of every par- ticular case of resistance is reduced to a computation of the quantity of the danger and grievance, on the one side, and of the probability and expense of redressing it, on the other. But who shall judge this? We answer, ' Every man for himself.' In contentions between the Sovereign and the subject, the parties acknowledge no common arbitrator ; and it would be absurd to refer the decision to those whose conduct lias pro- voked the question, and whose own interest, authority, and fate are immediately concerned in it. The danger of error and abuse is no ob- jection to the rule of expediency, because every other rule is liable to the same, or greater ; and every rule that can be propounded upon the sub- ject (like all rules, indeed, which appeal to or bind the conscience) must, in the application, depend upon private judgment. It may be observed, however, that it ought equally to be accounted the exercise of a man's own private judgment whether he be determined by reasonings and con- clusions of his own, or submit to be directed by the advice of others, provided he be free to choose his guide." Now, we are perfectly free to choose the Pope as our guide. The faith by which we believe him to be Christ's vicar on earth is free ; our consultation of him in a given doubt is free ; our obedience to his decision is free : in all these we are subject to no compulsion or coercion ; we make what we deem the best use ot our private judgment in submitting to be directed by his advice to whom Christ said, " Feed my lambs, feed my sheep." G 82 ANTI-SOCIAL PRINCIPLES OF POPER1*. Reference to the Pope in cases between Sovereign and subject. 139. " For, although not infallible, he would have a direct- ing power which ought to be binding on the consciences of others ? And so he has ; but if the Pope were to give clearly erroneous decisions on such matters, they ought not to be obeyed ; it is not, however, respectful to the Holy See to make such a supposition ; and, as I observed before, the question may depend for its solution on local circumstances, of which the parties concerned must judge, the Pope merely stating the general rule of conscience or morality. 140. " Then in all matters in which he has a directing power not authority to decide ex cathedra, as upon articles of faith, private judgment is allowed to decide whether the Pope has conclusive authority or not ? I should allow an exercise of private judgment if the Pope were to give clearly erroneous decisions ; but we know that such cases will seldom or never occur. It is a mistake to suppose that our obedi- ence to the Pope is limited to those matters in which he is in- fallible. 141. "You have assumed, in one of your answers, that there are cases in which it is lawful, according to the con- stitution of England, for a subject to rebel. There are two meanings that might be applied to the word ' lawful ' namely, lawful with a view to morals, and lawful with regard to the Constitution. Are you aware, with respect to the law of the land, that there is no instance in which a subject can lawfully rebel ? I know that it is a maxim of our law that the Queen can do no wrong. 142. " According to the law of the land rebellion is un- lawful, no matter under what circumstances ? That must be the law ; for it is supposed that the power in possession exe- cutes the law, and it cannot, of course, recognise resistance to itself. 143. " The question whether or not, according to the prin- ciples of the English constitution, a case may arise in which a subject (there being a violation of the correlative duties between the Sovereign and the subjects) may rebel, is a question not of law, but either of constitutional propriety or general prudence, are not both these matters entirely of a temporal nature ? They are temporal matters. 144. " If they are purely temporal, are they not out of the jurisdiction of the Pope ? -Though temporal, they are not ANTI-SOCIAL PRINCIPLES OP POPERY. 83 purely temporal; every deliberate act which man performs is moral or immoral, and has, therefore, its spiritual relation. 145. " Has the Pope any power to decide when any parti- cular state of facts has occurred in any country, that a case has arisen in which there is a constitutional right, prudently exercised, to proceed to rebellion, and in which there is a constitutional right to incur the mischiefs of rebellion ? While that question is left by Protestant theologians to the private judgment of each individual, a Catholic would rather refer the case to the supreme ecclesiastical authority in the Church. But I do not mean to say that the case would be now generally referred to the ecclesiastical authority, nor is it likely that a decision would be given, save in affirma- tion of the duty of allegiance ; for though the case, as a question of moral duty, may come within the sphere of the spiritual authority, it might not be expedient or beneficial to the interests of religion that the spiritual authority should interfere, and, by doing so, give offence to many. It would be otherwise if all were disposed to acquiesce in the decision of the Holy See. 146. "According to those views of Paley, and Burke, and Locke, it would be a question with individuals whether or not a state of things had arisen in which they would have a right to seek by force a change in the relation between Sovereign and subject ; might not that be wholly unconnected with any moral duty on which the ecclesiastical authority would have any control, and merely regard views of tem- poral convenience or views of temporal necessity ? It could never be wholly unconnected with moral duty, for the moral duty of allegiance exists, and will exist, until we are satisfied that such a state of things has arisen that that duty ceases. Now, to decide upon the existence or cessation of a moral duty, there is no more competent judge than the ecclesiastical authority, as vested in the supreme head, the Pope. 147. " Stating the facts, and asking upon these facts an opinion ? Yes. 148. " The question regards not the prudence of the ad- vice, not the probable correctness of it, but the power in a given state of facts to declare that the period has arrived for the cessation of allegiance ? It is a power which every man possesses if his conscience is sufficiently enlightened. 149. " Does the ecclesiastical authority possess any more power than that which the individual who consults it him- G 2 84 ANTI-SOCIAL PRINCIPLES OF POPERY. self possesses. In other words, by virtue of the ecclesiastical authority, is there any power to declare that a case has arisen, and by so declaring to make it lawful to rebel ? I hold, and firmly believe, that the Pope or the Church has no power in these matters, save that of declaring what is our moral duty, and enforcing the performance of it by spiritual sanction, and thus guiding and enlightening our conscience. 150. " But his declaration has no judicial or mandatory powers ? His decision on a particular case is not mandatory to the same extent as a decision in matters of faith, of general discipline, or of the general principles of morality ; and, in the case supposed, it is more permissive than mandatory. It is judicial, inasmuch as it is a doctrinal decision of the chief pastor of the Church, but not a judgment upon civil rights or privileges as between two parties. 151. " Is it doctrinal ? The expression may not be accu- rate ; but I take doctrine in the extensive sense of moral or practical as well as of dogmatic or speculative doctrine. The distinction I wish to express is that of a decision which de- clares as different from a decision which enacts, or creates the right which it declares." Release by Pope Pius V. of subjects of Queen Elizabeth from their allegiance, referable to the public law of mediaeval Europe. 152. " You are aware that history shows that the Pope re- leased the English in the time of Queen Elizabeth from their oath of allegiance, and that the Roman Catholics, to a great extent, refused to be released from their allegiance. Were they right or wrong in so acting ? My opinion with regard to examples of this kind, taken from European history, is, that the canon law having been adopted as part of the civil law of Europe, and it having also largely entered into the whole social system to consider the different European monarchs as holding their kingdoms as fiefs from the Holy See, there was a public recognised right in the Pope to ex- ercise direct temporal jurisdiction within the different realms of Europe, as head of a great European confederacy. That state of things exists no longer, and there is now no recog- nition of direct or indirect temporal power in the Pope, con- sequently his present power is simply that of giving a theo- logical decision, or pastoral direction, as the common father and teacher of the faithful. ANTI-SOCIAL PRINCIPLES OF POPERY. 85 153. " To recur again to the same question. The Pope at that time did release the Roman Catholics of England from their allegiance, and they refused to be released ; ought they to have obeyed the Pope, and were they wrong in not taking advantage of the release which he had given them ?* A re- lease from obedience does not imply an obligation to disobey. There might be prudential reasons for continuing to obey, even though not bound to do so. 154. " At the same time, if a man were disposed to trans- fer his allegiance, or to give it up, that decision of the Pope would enable him to give it up with a safe conscience, would it not ? Yes ; for a, Catholic should feel his conscience at rest when acting in accordance with a decision of the Pope. 155. "In any question temporal as well as spiritual ? In questions of a purely temporal nature, he has no power or authority outside his own dominions ; but in spiritual ques- tions, or questions of moral duty, whether they regard tem- poral matters or not, we consider the Pope our safest guide on earth" Authority of the Pope in matters of contract. 156. "If, in such a case, a contract might be dissolved between a Sovereign and his subjects, might not any con- tract between two nations, for instance, treaties, be put an end to by the same authority, or any contract between sub- jects ? The Pope has no power to change the dictates of natural justice. He cannot release any one from the obliga- tion of a valid contract with injury to a third party. The state may do so by virtue of its supreme jurisdiction over temporal matters. The civil authority may, for reasons of public policy, rescind, even with prejudice to a third party, a valid contract, but the Pope cannot. If, however, a per- * The question is not directly answered, because it inTolves another which I should not undertake to decide, or to decide which in the nega- tive might be illegal, viz. : Whether Parliament can, without just cause, alter the law of succession, and transfer the crown, pro nutu et arbitrio, from the rightful heir to another party. The decision of Pius V., in the case of Queen Elizabeth, was certainly in accordance with the common law of Europe, which excluded from the throne bastards and heretics. The spirit of our law is still the same, excluding from the royal succession Papists and those who, like Queen Elizabeth, are not born in lawful wedlock. If the law of a Catholic country excluded Protestants, I presume the Pope should be the fittest judge of the orthodoxy of the claimant or possessor of the crown, and that in this one case, at least, his declaratory power must be admitted. 86 ANTI-SOCIAL PRINCIPLES OF POPERI. son enters into a contract founded on immoral considerations, or void from any other reason, as from being entered into under duress or ignorance, the ecclesiastical authority will tell him that it is null and void, and that he is not bound by it. In the former case the contract is rescinded by a power having an altum dominium over the whole matter of the contract ; in the second case there is simply a decision of common sense. Now we hold that it is much better that in very weighty and doubtful matters, that decision should ema- nate from what we deem the best informed and most im- partial authority in the world, than that it should proceed from the private judgment of each individual. 157. "Every man when he makes a private contract, knows that he makes it with the possibility of the state over- ruling that contract ; is a man hereafter to understand, that when he makes a contract with a Roman Catholic, he makes it subject to the condition that the Pope may hereafter over- rule it, or release the man from the obligation, or any mem- ber of the Church representing the Pope ? Certainly he does not make it with any such condition. 158. " Is it, then, right that a subsequent condition, not in the contemplation of the contracting parties, should be imposed, which should diminish the obligation ? In every contract that a man makes with his fellow-man, there is implied the condition that the contract is a just and valid one. Now to decide this question, it is held in Protestant theology, that there is no judge but the individual who will bind or release himself, and thus become judge in propria causa; in Catholic theology, private judgment may be exercised when the case is a clear one, or prudent lay persons may be consulted, but generally the most competent judge is the ecclesiastical authority, declaring what is right, but giving no release from an existing obligation. There is, therefore, no new condition introduced into the contract, but the exist- ence of a condition common to all contracts is ascertained, and it is quite indifferent, as Paley says, whether we are guided by our own reasoning or by the advice of others. 159. "Supposing there were a doubt as to the binding nature of certain treaties between two sovereigns, would the solution of the difficulty depend upon the interpretation of the Pope ? Any one of the doubting parties may consult the Pope, and may rest satisfied with his decision, but the other party need not accept that decision, unless he also ANTI-SOCIAL PRINCIPLES OF POPERr. 87 states his case, or itnless the contending parties refer the matter to the Pope's tribunal. 160. " Do you mean with the consent of both parties ? Yes. 161. "Is there not an encyclical letter of the Pope, declaring that in no case is it lawful for subjects to rebel ? An encyclical letter of Gregory XVI. appears to say as much, and is quoted in support of this opinion by some theologians ; but I think it may easily be reconciled with the doctrine which I have stated. 162. "Does the authority which you suppose to exist, of giving advice, which either ought to be followed, or will be followed, exist, unless it be referred to for decision by a party doubting as to his obligation ? It does. The Pope may instruct us in our duties whether we consult him or not, but as the decision of a case of conscience depends on the allega- tions made, my conscience cannot be bound by a decision given on the allegations of another party." Declaratory power of the Pope in cases between sovereign and subject. 163. " Suppose the case of a conflict arising in this country between the subjects and the Crown upon a question warmly agitated, and with respect to which some persons were inclined to overstep the limits of allegiance and plunge into rebellion. In such a case would the Pope, if not appealed to, have the power of declaring that such a state of things had arisen, that the Irish people professing the Roman Catholic religion might rebel against the English Sovereign ? Supposing the Pope in full possession of the circumstances, he has power to declare to us what the natural and Divine law prescribe as our conscientious duty. 164. " Has he authority to issue a declaration, without being appealed to, which would terminate the obligation of the oath of allegiance ? The appeal adds nothing substan- tially to his riglit or power. It merely puts him in posses- sion of facts. His declaration cannot terminate the oath of allegiance if it has not been already terminated by the force of circumstances. He can merely make known the fact to those who were ignorant of it, or who doubted it. 165. "Would his declaration in any manner augment the right to rebel, or in any manner relax the duty of obedience ? 88 ANTI-SOCIAL PRINCIPLES OF POPERY. Certainly not. BUT HE CAN TEACH MEN WHEN THEY SHOULD OBEY, AND, BY A NECESSARY CONSEQUENCE, WHEN THEY MAY REBEL. 166. " It would not make a case if circumstances had not made a case ? No ; I am continually giving that distinction. 1 67. " Does the Pope possess an authority to release a subject of Her Majesty from the obligation of an oath in a matter of civil duty, further than the individual, if compe- tent to form a judgment on the subject, may release himself, or hold himself released ? He certainly has no such power wherever the right of a third party is concerned, and conse- quently not in the case of allegiance, in which the right of Her Majesty is concerned. 168. " Supposing the Pope were to issue a bull, declaring that circumstances had now arisen in this country which released the people from the duty of allegiance, would that justify a subject in rebelling ? My answer is, that a Ca- tholic should deem the case impossible, for he could not sup- pose the Pope capable of such an absurdity. 169. "But suppose it did occur? If you suppose the decree given in the present circumstances of the country, it would be of no force, as being manifestly founded in error ; but I again protest against the supposition as disrespectful to the Holy See. 170. " It would remain the duty of a subject to abide by his allegiance ? Certainly. 171. " Suppose the Pope were to declare that in conse- quence of the establishment of the Queen's Colleges, and in consequence of the passing of the Ecclesiastical Titles Bill, the time had arrived, and circumstances had arisen, under which the Irish Roman Catholics were at liberty to rebel, would that in any measure terminate the duty of, or in any manner affect its obligation ? I must again answer by pro- testing against the supposition. Such are not the circum- stances which to a Catholic mind would justify rebellion. If the case occurred, I would simply conclude that the Pope had gone mad." In course of the evidence of the Rev. Wm. JENNINGS, the subject of oaths and obligations is further considered, and the following questions and answers occur : ANTI-SOCIAL PRINCIPLES OF POPERY. 89 Cases in which an oath ceases to bind, 140. " Can you explain briefly what are the circum- stances under which an oath is held to become irritant ? A promissory oath is held to lose its binding force when it becomes impossible to fulfil the promise. It may also happen that a promise which might have been lawfully fulfilled at the time it was made, cannot in course of time, on account of some change in the matter promised, be fulfilled without sin. In that case such promissory oath ceases to bind. If a pro- missory oath be taken in favour of an individual, the indivi- dual in whose favour it has been taken, may per se render the oath irritant that is, he may render it irritant, if there be no positive law or enactment to prohibit him from doing so. The obligation of an oath may also be relaxed by a dis- pensation given by a person having competent power. For the validity of such dispensation, a just cause is always necessary nor can a dispensation be validly given, which would prejudice the rights of a third party." No oath can be relaxed to the prejudice of the party in whose behalf it icas taken not even by the Pope. 141. "Do you hold that an oath cannot be relaxed by a third party without the consent of the person in whose behalf the oath has been taken ? I hold that no oath can be relaxed to the -prejudice of the party in whose behalf it was taken even by the Pope. 150. " You are acquainted, are you not, with the propo- sition laid down by Dr. Delahogue, in his treatise De Ecclesia? I am. 151. " How do you understand it ? I understand from it, that the sphere of the Pope's power is restricted to the spiri- tual." Declaratory power of the Pope as to the binding obligation of oaths. 152. " You would therefore teach that the Pope has no authority to absolve from an oath which has reference to temporals ? I would teach that the Pope cannot absolve from such an oath, in the sense in which a creditor, for example, may absolve a debtor from the obligation of paying some debt. But I would not teach, that in circumstances 90 ANTI-SOCIAL PRINCIPLES OF POPERY. under which such an oath, antecedently to any decision of the Pope, should have become irritant al> intrinseco, and by virtue of the natural law in stick a case, I would hold that the Pope, as the guardian and expositor of sound morality, would be empowered to DECLARE that the oath had actually lost its binding force." Effect of such declaration by the Pope. 153. " You would, therefore, give to the Pope a declara- tory power ? Yes. 154. " If he declared wrongly, on whom would the re- sponsibility fall ? When a party whose office or profession it is to give doctrinal decisions to declare, for instance, the existence or non-existence of an obligation when such a party declares wrongly, he incurs the responsibility of making reparation for any injury that may result from his decision. A party acting upon the wrong declaration of the Pope in the case supposed, would also be responsible if he had any reasonable ground for suspecting its justness. 155. "You would feel yourself entitled to exercise your own judgment upon that point ? If the Pope actually undertook to give a decision, I would be satisfied of its equity. 156. "If so, it would bind you or any one ? I would consider myself perfectly safe in following it, and I should act upon it. 157. " Would the decision of the Pope free you from re- sponsibility to a higher power ? If I had reason to doubt the extent of any moral duty or responsibility, I would accept a formal declaration of the Pope as a sure guide on the subject ; and if I regulated my conduct by that declara- tion, I would consider that I had so far discharged my re- sponsibility." Infallibility in temporals not implied in this doctrine. 158. " Does not that imply the doctrine of the Pope's in- fallibility in temporal matters ? No not to my mind. If the judges of England and Ireland all concurred in a certain interpretation of a statute, though I might not consider them infallible, I would consider myself acting foolishly and ridicu- lously, if I attempted to contravene their decision, or if I refused to abide by it." POPE PIUS V. AND QUEEN ELIZABETH. 91 Supposed case of the Pope declaring oath of allegiance void. Absurdity of such a decision would deprive it of all value. 159. " Suppose the Pope declared, that in consequence of the Queen refusing her consent to a very beneficial measure, the oath of allegiance was void that the matter of the oath was so changed by her conduct, as to render void the oath of allegiance, would you not feel bound to exercise your own judgment ? I would admit such an imaginary hypothesis as the one proposed only in the abstract. If the Pope acted so absurdly, his decision would be of no value. If a learned body of mathematicians, in their sound senses, seriously pro- posed a theory that two and two do not make four, it would, I conceive, be a somewhat parallel case of the exercise of one's own judgment." Case of Pius V. and Queen Elizabeth. 160. "But the Pope has done so before now, and there- fore it is a supposable case ; you are aware of the celebrated Bull in Queen Elizabeth's reign ? It would not be difficult to point out a difference between the two cases. The cir- cumstances under which you suppose Pius the Ninth to ex- communicate Queen Victoria, and to declare her subjects absolved from their oath of allegiance, bear no resemblance to the circumstances under which the Bull of Pius the Fifth appeared in England. I would regard such a sentence com- ing from Pius the Ninth as utterly null and void ; but I be- lieve also, that the supposition of his issuing such a sentence is a most fanciful and extreme case of casuistry. I believe that whenever the Pope undertakes to issue a decision of weighty moment, it will be marked by the conditions required for a law I believe that it will be honesta, justa, secundum naturam, loco temporique conveniens, necessaria, utilis, nullo privato commodo, sed pro communi utilitate conscripta." Conditions necessary to make such a decision of weight. 161. " Without these -conditions the mandate would not be binding ? I would be unwilling to admit, except as an ab- stract hypothesis, an imaginary case, that the Pope would substantially violate those conditions, and act in the extra- vagant manner supposed by the questions put to me. If we make that imaginary case, and suppose in it that the Pope 92 AXTI-SOCIAL PRINCIPLES OF POPERT. grants the dispensation without just cause, the dispensation would be utterly null and void." Recapitulation of witness's opinions on foregoing points. 171. "But you will follow him, whether mistaken or not, in temporal matters ? I have had no intention of saying any- thing which could at all lead to such an inference. In my previous answers, I wished merely to convey this : first, that where any duty or obligation of mine is clearly defined, that I am bound to discharge. My duty regarding the oath of allegiance to the Sovereign is clear and unmistakable ; and in the imaginary hypothesis that the Pope would, to-morrow, declare me absolved from that oath, I would regard the de- claration as absurd, and of no value. I would consider my- self as much bound by the oath as if such an unjust declara- tion had never been issued. Secondly, if I had reason to justify me in doubting the extent or existence of any moral obligation arising from temporal matters, I would consider that an authoritative decision of the Pope, as the representa- tive of Christ, was the highest, and safest, and best decision that I could be guided by or procure. But I by no means intend that it should be deduced or deducible from this that I consider the Pope or the Church infallible in temporals. I consider that I would be following a safe and sure guide in following a decision of the Pope in reference to a moral obli- gation resulting from temporal matters, just as I would be secure in following an unanimous decision of the legal authorities of the country upon a point of law ; but this is very far from implying that the Pope is infallible in temporal matters." Teaching as to Allegiance. A question may here be asked, What is the impression on the minds of the students as to the doctrines taught upon this subject, whether by the professors or by the text-books ? We find a question put to Mr. D. SLATTERY, Divinity Student, and his answer, at p. II., p. 283 : 65. " Are you aware that there is a special provision in the Statutes, which ought to be read twice a- year publicly, in these words : 'Let the Professor of Dogmatic Theology strenuously exert himself to impress on his class that the allegiance which they owe to the Royal Majesty cannot be OATH OF ALLEGIANCE. 93 relaxed or annulled by any power or authority whatsoever ?' I never heard of that Statute previously to this moment. I know that the practice is not such. The Statutes were made for a certain end, and that that end is already gained, the law ought also to cease, and the obligation of the law. There is no necessity for impressing such a thing at all, as they are already impressed long before they entered the Col- lege ; and it would be, perhaps, an insult to the feelings of those persons who took the oath five years ago, now to set about telling them their duties on the matter. It would be an insult to me to tell me that, five years after I had taken the oath ; and the state of public opinion is quite different, now that many prejudices are removed regarding the opinions of Catholics ; and no rational man would attempt to impute to the Catholics doctrines which a great many well-disposed men did in 1820. No man that knows anything of the Ca- tholics would attempt to say that the Catholics do not con- sider themselves bound by the oath of allegiance." Authority as to oath of allegiance. The evidence of the Rev. EDWARD FAGAN, Dunboyne Student, bears directly upon this point. It is as follows : 57. " Do you consider that he has any power, direct or indirect, to dissolve the obligation arising from the oath of allegiance, or to declare that the obligation has ceased ? The Pope has not the power of either directly or indirectly pronouncing subjects to be free from their obligation of the oath of allegiance ; but, as subjects, in taking the oath of allegiance, contract serious obligations towards their Sove- reign there are correlative obligations on the part of the sovereign. The sovereign is bound, in administei-ing justice to his subjects, not to infringe on any of the precepts of the Divine or natural law ; and, according to the common understanding once prevalent among men, on the fulfilment of those obligations on the part of the sovereign must depend the obligation of an oath of allegiance on the part of the subjects. The function of the Pope, in this matter, then, is, that he has the right to interpret the Divine or natural law, and say when a sovereign has violated any of his obligations towards his subjects.. As a consequence upon that, it would 94 ANTI-SOCIAL PRINCIPLES OP POPERY. follow that the subjects would be exempted from their obliga- tion, although the Pope has no direct or indirect power of setting aside that obligation.* 58. " From whom have you derived your instruction, principally, upon these matters ; have you been going through this subject lately ? I have been studying it myself." The teaching on the subject of the duty of allegiance, and the binding nature of the oath of allegiance, as detailed in the evidence of the Rev. DANIEL LEAHY, P. II., p. 300, is as follows : 21. "In Dr. Delahogue's treatise, ' De Ecclesia,' there is this passage, ' Christus Petro et successoribus ejus aut Ecclesiae nullam concessit potestatem directam vel indirectam in Regum temporalia.' Do you recollect that passage being made the subject of lecture or comment, during your whole course of study ? I cannot at present distinctly call to mind whether I heard that subject discussed in class or not ; but I have some indistinct recollection of it. Delahogue was not the professor in my time, his book was only the class-book the professor in my time, ' De Ecclesia, was Dr. O'Hanlon. I rather think I cannot say positively that it may have been the individual opinion of Dr. O'Hanlon, very cautiously given, of what is stated here. 22. " Do you mean to say that you are of opinion that possibly that passage was brought forward, and that the doctrine contained in it was inculcated ? Yes ; I think that the professor held that opinion himself ; but that the general * In making the above answer (probably owing to the confusion of mind, not unnatural in the circumstances in which. I was placed) I referred not to the present time, (although I now per- ceive that this particular question did contemplate the present time,) but to the middle ages, of which I had been speaking in my previous answer. I had in my mind, chiefly, the case of Pope Zacharia's interference in the succession to the throne of France, with regard to which our historians hold, that by the consent of the nobles of France, he was recognized as the judge whether or not the king, Childeric III., had duly fulfilled the compact between the subject and the sovereign. But as these principles were purely the result of the consent of the nations themselves, and not of the spiritvial prerogative of the Pope, I, of course, never meant to apply them to the present times, when this consent has for centuries ceased to exist ; and I conceived that I had sufficiently excluded that supposition by my previous answer. TEMPORAL, FOLLOWS FROM SPIRITUAL POWER. 95 opinion was that the Pope had direct power over kings and monarchs, inasmuch that as their souls, and the souls of their subjects, were so much more valuable than any ivorldly possessions, and that everything should come to the utility of the Church finally to forward that end, to wit the salvation of their souls. 23. " You refer still, do you not, rather to the impressions that were prevalent among the students than to what was the actual course of teaching by the professor from the chair ? Yes, I do. 24. "According to your recollection, the doctrine con- tained in that extract was taught by Dr. O'Hanlon ? I said that I had some indistinct recollection of that question being discussed in class, and that my belief would lead me to think that Dr. O'Hanlon's private opinion, in giving it to the class, was that the Pope had no direct temporal authority over kings or monarchs. 25. "And that he taught that in the class? That that was his own private opinion, but I cannot, with any cer- tainty, assert its being taught in the class. I have some glimmering of it. My recollection is not clear at present regarding any particular discussion on a question of that kind. 26. "Your impression is that it was taught by him, conveying it as his own opinion, and inculcating it in the class ? Yes, I think so." No recollection of opposite doctrine being taught by professors, though contained in some of the works. 27. " Have you any recollection of an opposite opinion to that being at all taught by him, or by any of the Theological Professors? No; but that it was laid down in some of the works. I think I recollect that it was laid down, in some portion of some volume, either of Bailly, or Delahogue, that the Sovereign Pontiff had, indirectly, a supreme power over all kings and monarchs, inasmuch, as to anything that would impede the salvation of their souls, that he had the power of annulling or dispensing with it ; and the prominent idea on the minds of the students was, the universal supremacy of the Pope ; and the distinction (now that my mind is becoming more clear on it) that was made, was this, as regards his temporal power ; that he had not, directly, temporal power in other kingdoms ; but it followed indirectly, by reason of his absolute power over their souls. 96 OATH OF ALLEGIANCE GAINSAID. I think that was the doctrine that was taught by several of the professors in Maynooth." Bailly's teaching on duties of subjects. 28. " Do you recollect a particular part in Bailly's Treatise on Moral Theology, in which the duties of subjects towards their prince are enforced ? I do recollect that there were such things treated of in the book ; but, afterwards, when a priest comes to perform his functions on the mission, it is more the moral and practical portion of that class-book that he attends to. 29. " You do not recollect, whether in treating of these chapters, the duties of a subject, in regard to his allegiance, were fully entered upon ? I do not remember whether we went through them at all. Of course I take it for granted we did do so. 30. " Your general impression is, that the duties of allegiance were not strongly enforced upon the students ? Yes, decidedly, that is my opinion." Oath of allegiance. Gainsaid by witness in taking, and why. 31. "That is the impression you wish to convey? Yes; not only was it my own impression, but I take upon myself to say, that it was the general impression among the body of the students that I was acquainted with. I beg to say, also, that there is an oath of allegiance put to the students, a certain time after entering the house, and I was among a number that went out (I cannot say the precise number, one hundred or more) to take it ; and when the oath was read in court, I distinctly gainsaid it ; I could not, in conscience, then, take that oath, inasmuch as from the prejudices I had, and, at the same time, the teaching of the house, I would be doing a positive injury to the eternal welfare of the reigning monarch, if I were to take that oath, he being a Protestant, and supporting the succession to the throne as such ; and instead of repeating that oath, my conscience told me to gainsay it all along." Afterwards informed that he was bound by oath, notwithstanding. 32. " So that in fact you never took the oath of allegiance ? I believed that I did not at that time. Afterwards I was put under the impression that I did ; because a Dunboyne ANTI-SOCIAL PRINCIPLES OF POPERY. 97 student told me that the opinion of some theologians was that by the fact of going out into the court-house I Avas bound. 33. " But did you not repeat the words of the oath ? No j we were all up in a gallery, some hundred or more of us ; and there was one Testament supposed to be passed along. I could not undertake to say what were the reserva- tions of the others. 34. " Was not the oath repeated aloud to you by the clerk ? Yes, by some gentleman at the table below." Mode of taking oath. Effect on witness's mind of general tone of College. 35. " And a certain number took the volume into their hands, did they not ? It was passed along their hands rapidly ; perhaps there might not have been more than one half of them that touched it with their hands at all ; they looked upon it more as a matter of form. 36. " Did they kiss the book ? I think not, except some few of them : not the larger number of them ; certainly not. I do not know whether they were required to kiss the book at all even : I think not. I know I did not touch it, and was not required. I only speak of my own individual reservation of mind. / hope I was determined to be as loyal as any person in the house; still, from my prejudices and teaching, I thought I could not conscientiously take the oath of allegiance to a Protestant king, as a heretic. 37. " Are you sure the oath of allegiance was taken after you had been some time in the house ? Yes. 38. " Did you receive any instruction on the subject of the obligations of oaths, before that oath was administered ? No ; I do not recollect ; I think not. 39. " Then how had the teaching at Maynooth affected your mind with regard to the propriety of taking this oath of allegiance ? From the general prejudices and general tone of the College against Protestants. 40. " The general tone prevalent in the College among the students ? Yes ; that they, Protestants, were outside the pale of salvation. Of course, I believed what the Church taught in that way, as also did all the students of the house. 41. "How long had you been in the College before you took the oath of allegiance ? It might have been the following October of the second year. 42. " At what time did you enter ? I should think about H 98 ANTI-SOCIAL PRINCIPLES OF POPERY. March or February, in 1832. I stood for rhetoric, and passed. There was a number of persons from my diocese, who came at that period to Maynooth. The professor at the preparatory school in Limerick died suddenly, and they were all quartered away to Kilkenny, Carlow, and Waterford, and some ten or a dozen were sent up to Maynooth. 43. " In the interval, between your entrance and the taking of the oath, did you receive any theological or religious teaching at all in the Rhetoric Class ? There was a Class of Catechism, that the Vice-President, Dr. Montague, attended once a-week, an hour every Wednesday ; and there was a portion of the Old Testament read in it, and Doctor Butler's Catechism." Ho instruction as to obligation of oath, or duties of subjects in that time. 44. " Were the obligations of an oath, or the duties of a subject, at all dealt with ? / think not ; I am certain of it. 45. " Was it from prejudices that you had imbibed before you entered the College, or from any teaching that you heard at Maynooth, that you were induced not to pronounce the oath, or to entertain an opinion adverse to it ? I think it must have been from the impressions made upon my mind in the College ; because in the class of life that I belonged to, it was not hereditary for me to have a peculiar prejudice of that, kind ; my family were always upon the best terms Avith the local gentry, speaking and dining with them, and being acquainted with them, in the exercise of hunting, &c. ; and I could not charge my conscience with having any peculiar prejudices myself. 46. " What kind of teaching did you receive during that interval, between March and October, that created these impressions upon your mind ? I do not recollect I received any teaching in the house, during that interval, from any particular chair or professor, on the duties of a subject. 47. " No instruction was given to you that loosened the impressions of allegiance with which you entered ? No, I think not. I do not remember anything that came under the immediate province of any lecturer in any chair, on that question, during that interval." Impressions created by association with students. 48. " Was it by association with the students that these INSTRUCTION AS TO OATHS. 99 impressions were created ? Yes ; that heretics and schis- matics were outside the pale of salvation. Dr. Montague was very precise as to this Catechism Class, and this was very exclusive as to salvation, more so than Bailly or Delahogue, if possible. 49. "Except the prejudices arising from those views of salvation, did anything else cause those impressions against allegiance ? I do not recollect anything. 50. " What is the catechism that you allude to ? A little popular catechism for general instruction for children ' Butler's Catechism,' I think. 51. "Do you recollect whether anything was taught in the catechism, to the effect that because the king was a heretic, allegiance was not due to him ? No ; I do not. 52. " Did you receive any instruction in the course of your studies, as to the mode of dealing with heretics in the con- cerns of life, in matters of contract, and so forth ? No ; I do not recollect. 53. " Was any particular course of conduct enforced upon you, in regard to dealing with heretics in the concerns of life ? I do not recollect any." Doctrine as to oaths or contracts with heretics. General impression on mind of witness as to obligation of oaths to heretics. 54. "Was any doctrine taught you in regard to oaths pledged to, or contracts made with heretics, by Roman Catholics, as to their validity or otherwise ? No ; I cannot call to mind any such teaching. The general impression on my mind was, with regard to oaths, that the Church or the Pope had the power of dispensing with oaths, and wherever the utility of the Church required such a, stretch 'of power, that the Pope had the power of dispensing. I think that was taught either in Delahogue or Bailly. The text is general they say, 'Whatsoever you bind,' &c. They under- take to prove from that text that the Pope has the power of dispensing with oaths and vows. 55. " Of any kind, without limitation ? I think without limitation ; the words are general, and they deduce the power from the generality of the words : I should think there is no limitation. 56. " Was it ever stated that where the rights of third parties were already involved, that that power was limited or H 2 100 ANTI-SOCIAL PRINCIPLES OP POPERY. controlled ? I think it was, but I do not recollect clearly now the teaching or the reading of the books. 57. " Did you leave Maynooth with the impression on your mind, derived from the teaching there, that an oath pledged to a heretic was equally binding upon your con- science, as an oath pledged to a Roman Catholic, or other- wise ? If I was going to give the Commissioners my own individual opinion just now, I think if I took an oath at all, it would be equally binding to all parties ; but that was not, I believe, the general impression of the students in the house. The impression on my mind, derived from the teaching in Maynooth, was, that the Church could dispense with oaths whenever the utility of the Church required it" Witness left Maynooth with impression that such an oath was binding. 58. " Putting aside the question of the power of dispensa- tion, and looking simply at the obligation of an oath upon your conscience, did you believe that the obligation of an oath taken to a heretic was different from that pledged to a Roman Catholic, or would you have thought yourself equally bound by the oath when you left the College ? My own impression was, that if I took an oath, I was bound to observe it, no matter to whom. 59. " You left Maynooth with that view of an oath, did you ? I would rather say that was my own peculiar im- pression ; I do not say that that was the effect of the teaching on my mind in the house. 60. " Whatever the teaching was, that was the impression with which you left Maynooth ? My own individual private impression." Taught that where rights of third parties are involved, oaths cannot be dispensed with. 61. "Do you recollect whether it was taught at Maynooth, that where the rights of third parties are involved in an oath, there is not any power to dispense with it ? I think that must have been taught there ; that is my impression. 62. " That was taught, was it ? That is my present im- pression, that that was the doctrine inculcated there." Latitude of opinion upon disputed questions. 63. " Should you be able to speak to the doctrine taught, OATH OF ALLEGIANCE. 101 by a reference to the doctrines contained in the class-books in every house, or did the professor quote the class-book always as conclusive authority ? No ; I think that he took some latitude to himself with regard to his own private opinions, because the Church of Rome is so divided with regard to opinions, that every theologian, and every professor, is at liberty to give his own private opinion upon disputed questions. Generally speaking, I should think that the several prof essors followed the class-book. There may be some par- ticular point upon which they held their own opinions, but they would not press them upon the students. 64. " But you cannot, by a simple reference to the language of the class-book, quite conclusively infer the doctrine that was inculcated upon each particular point ? Generally speaking, I should think that the doctrine of the class-book is the doctrine received. 65 " As a general rule f Yes. 66. " Was there any private individual religious instruc- tion given to the pupils during your residence at Maynooth, with regard to their conduct in life, and as to the formation of moral habits ? Every student was obliged to select a confessor at the commencement of the year, and to go to him every Saturday, or every second Saturday ; and his moral guidance was entirely in the hands of that confessor, and his private conduct, I may say also." The Rev. WM. J. BURKE gives at great length evidence as to the principles inculcated at Maynooth College, and the practical effect of them upon the minds and conduct of the students. The limits of the Digest forbid giving in extenso all that is stated by this witness on the subject. A great portion, however, is given ; and, after it, will follow the evidence of Mr. Neville, one of the Maynooth professors. In the evidence of this gentleman, the following questions and answers occur, commencing at p. 312 of part II., ques- tion 21 : Oath of allegiance. 21. " What diocese did you come from ? " Kilmacduagh and Kilfenora. 102 ANTI-SOCIAL PRINCIPLES OF POPERY. 22. " Do you recollect in what way the oath of allegiance was taken ? " I recollect that the Senior Dean came to the freshman's house late in the evening, prior to our taking the oath of allegiance ; he had announced it to the students ; and I never in my life witnessed such consternation as existed among the students at the idea of swearing allegiance to a Protestant king. The Dean saw the gathering storm, and endeavoured to appease it ; and he brought over two or three copies of O'Leary's Treatise on the oath by a Roman Catholic." Feigning of sickness to avoid. Mode of taking. " In calling over the list, the following morning, there was about one-third of the students who were reported to be on the sick list ; and it was distinctly understood by us that these men feigned sickness in order to avoid taking the oath of allegiance. Then the two deans, the senior and junior deans, walked us to the court-house ; and in going there I was certainly a good deal astonished at what I witnessed. The Dean desired us to bring all the Testaments and Bibles in our possession into the court-house ; and I think, to the best of my recollection, there might have been five ; I think, at most, six Testaments were all that were produced. When we were ushered into the Grand and Petty Jury boxes, there was an awful struggle, each person endeavouring to push forward his fellow to the front of the rails, thereby to avoid laying his hand on these Testaments. At the taking of the oath, the officers of the court told them to repeat the words distinctly after him ; and, in giving out the words of the oath, there were two young men standing near me, and I distinctly heard them repeat the words of the oath in a nega- tive sense, namely, when the officer said, ' I do swear,' they said, ' i do not swear.' We were then ushered into the Grand Jury room, and signed a register. We retired then to the College ; and, on going thither, those who had feigned sickness taunted us for taking the oath of allegiance, under the pressure of expulsion, for the Dean deemed it necessary to tell us that it was the feeling that the Statutes of the house required each student to take the oath under pain of expul- sion ; and these men, after we returned, exulted, and taunted those who took the oath, such as did it or winked at it for having done it. Many of the young men boasted that they had not repeated the words of the oath, and others TAKING OATH OF ALLEGIANCE. 103 said that they had not laid their hands on the Testaments, on which they were supposed to be sworn. 23. " Were those young men, whose names appeared on the sick list, taken afterwards for the purpose of having the oath administered to them ? " I never heard that they were ; they were not in the year of my freshmanship. 24. " Had you a Bible on that occasion ? "No. 25. " Had you a Bible while you were in the College ? " Yes, I had ; I bought a Bible in the College. 26. " Did you buy it from the Bursar ? " Yes. 27. " Was that the practice with every student ? "No." Instructions as to obligation of oath of allegiance, Impres- sion on witness's mind on that subject. 39. " Did you receive any instructions on the obligation of the oath of allegiance while you were in the College ? " No, not directly ; but I recollect I do not know whether it was on censures but I know that the impression on my mind was, that I was not obliged not bound to allegiance to a Protestant king : whether it was ' de juramento' or cen- sures, I know not ; it was not directly said, but the pro- fessor told us that, in the reign of Elizabeth, the realm of England was placed under interdict, and that that interdict had not been removed ; and that all Protestants were under major excommunication ; that the two things did not come at the same time, but at two different times ; and the impres- sion on my mind was, that I was not bound in allegiance to a heretical king, and to one under major excommunication." Instructions as to dispensing power. 44-. " What instruction did you receive as to the power of the Pope, or of the Church, or of any other body, to dis- pense with the oath of allegiance, or to declare that it was not a binding oath ? " I mentioned that the oath of allegiance was not put for- ward in a prominent position, but oaths in general. I know the professor communicated to us the fact that England was placed under interdict in the reign of Elizabeth, and that 104 ANTI-SOCIAL PRINCIPLES OF POPERY. that interdict had not been removed ; whether it was on censures or on oaths I cannot say." Witness's impressions. 45. "Did he tell you that, on that account, the oath was not binding ? " The inference that I drew from it was, that it was not binding ; that was the impression which was left on my mind. 46. " And that every confirmed heretic is under interdict ? " He is under major excommunication. 47. " Is an oath taken to such a person not binding ? " That was the impression on my mind. 48. " Was that the doctrine you were taught ? " Not directly, but it was indirectly taught." That interdict in reign of Elizabeth never has been removed. 49. " Was any such inference drawn by any professor in his teaching ? " First, the causes of dispensing with an oath were set forth ; whether on 'oaths' or 'censures' I know not, but either of these two subjects ; and the professor told us dis- tinctly that, in the reign of Queen Elizabeth, this realm was placed under an interdict, and that that interdict had not been removed up to that time. 50. " Can you state from what doctrine you drew the con- clusion that an oath taken, on a matter of civil jurisdiction, with an excommunicated person, or a contract entered into with him, was void ? " I do not know whether it was ' de juramento,' or on ' censures ;' but where the good of the Church was con- cerned, which I know was one of the dispensing cases, then the oath was not to be observed. 51. " You say that you inferred the oath of allegiance was not binding, in consequence of the kingdom being still under interdict ? "Yes ; the king being under major excommunication." Witness's reason for believing that oaths to heretics do not bind. 52. " You stated that every confirmed heretic was under major excommunication ; you were then asked whether an oath taken to a heretic, on a matter of civil rights, was not OATH OF ALLEGIANCE. 105 binding ; you stated that you inferred that it was not. Will you be good enough to state from what proposition you drew that conclusion ? " Be kind enough to bear in mind that we were speaking of the oath of allegiance to a Protestant king. Then that king was represented to us as being laid under interdict, by the professor ; it was not in the reading ; it is not to be sup- posed that he communicated it as oral instruction ; it was not directly connected ; I cannot say whether it came in under 'censures,' or treating 'de juramento.' 53. " From what proposition was it that you drew the in- ference that interdict is excommunication ? " It is more than that. 54. " Has it a heritable quality, so that it descends ? " It does, until it is removed. The whole kingdom was laid under interdict, and that interdict had not been removed up to the time of the instruction. 55. " What is the effect of an interdict ? " In Roman Catholic countries it is even denying the use of fire and water. 56. " Is fire and water now denied to a Roman Catholic in England ? " According to the interdict it would be so. 57. " Did you understand that the kingdom was still under interdict, and that all the consequences of interdict were still prevailing in the kingdom ? " I understood that the interdict only referred to Protest- ants, that was my impression. 58. " Did you understand that it would be an act of dis- obedience to the Church to supply a Protestant in England with fire or water, or to perform any other act of charity to him ? " By the Bull of Martin V. they were exempted, unless they were specially named. 59. " Was Queen Victoria specially named ? " It was not mentioned ; George IV. was then king." Two reasons for oath of allegiance not binding. 60. " Will you be so good as to state how you arrived at the inference that the oath of allegiance was not binding was it from anything else but that the kingdom was under an interdict ? " First, the king was a heretic, and, as such, was under 106 ANTI-SOCIAL PRINCIPLES OF POPERY. major excommunication, and his kingdom was under an inter- dict ; I had the two matters before me. The latter informa- tion coming from the professor, I came to the conclusion that I was not bound in allegiance to that king who was under major excommunication, and whose kingdom was under interdict." No distinct teaching as to allegiance. 61. " Had you any distinct teaching in regard to the alle- giance which you owed to the Sovereign, or that the oath of allegiance could be relaxed or annulled by any power or authority whatsoever ? "No. 62. " There was no head under which that instruction was imparted to you ? " No ; not that I remember. 63. " Did you read the treatise, ' De Ecclesia ' ? " Yes. 64. " Was there anything about the oath of allegiance in that treatise ? " Yes, there was." Dr. Delahogue's proposition. 65. " Do you recollect this proposition in Dr. Delahogue : ' Christus Petro et ejus successoribus aut Ecclesiae nullam concessit potestatem directain vel indirectam in Regum tem- poralia, proindeque isti nunquam auctoritate clavium, etiam indirecte deponi possunt aut eorum subditi a fide et obe- dientia illis debita eximi ac dispensari ' ? "I do." Lectured upon at Maynooth ; but author was Gallican ; pro- fessor", Ultramontane. 66. " Was that proposition ever lectured upon ? " It was. But if you will allow me to say, the author was a Dr. of the Sorbonne, and maintained the Gallican doctrine, that whereas our professor held Ultramontane opinions, being educated at Maynooth everybody was left to draw his own con- clusion. From the doctrine laid down before that proposition was discussed, with regard to John Huss, John Wicklife, and Jerome of Prague, the impression on my mind was, that the Church had power over the persons of heretics, inasmuch as they handed them over to the civil power to be dealt with, and BAILLT ON OATHS. 107 any person who received the writings of those, or disapproved of the treatment by the civil power of those, were not good Roman Catholics." In course of the second examination of Mr. Burke, Part II., p. 320 327, the witness thus proceeds upon the subject of oaths : Continuation of extracts Bailly. Causes preventing and excusing from obligation of oaths. 27. " I come now to the Decalogue ' de Juramento ' p. 17, in 'The Church of Rome,' vol. ii., p. 119, of Bailly: ' A promissory oath obliges, under penalty of mortal sin, unless a legitimate cause excuses ; but there are many causes which prevent or take away the obligation of an oath.' Then the causes are enumerated in 119 and 120, and there are seven causes. There are five enumerated in page 121, which take away the obligation after it had been induced. There are seven enumerated which prevent any obligation being induced by an oath (pp. 119 and 120). There are five enumerated which take away the obligation after it had been induced. The seventh one runs thus 'Excuses from the obligation of an oath is the limitation of the intention of the swearer, either expressed, or even tacit and understood according to the disposition of the law, or according to custom for in every oath certain general conditions are included by law and custom e. g., "If you accept " " Unless you remit " " Saving the right of another." ' Now, on that head I recollect distinctly, that saving the right of another was explained to us as the right of the superior. Then, at p. 121 ' The oath being made void by him (" Church of Rome," p. 18) to whom the person who swears, or the matter of the oath is subject, thus the superior of regulars can validly, even without any cause, make void the oaths of his subjects.' " Four cases in which promises can be relaxed or commuted according to St. Thomas. 28. " That is an oath of allegiance taken to him ? " No. ' The fifth cause is a " dispensation or a commuta- tion made by a superior." ' Then, ' There are, however, four cases in which a promise, even accepted by another, can be relaxed or commuted : first, according to St. Thomas 108 ANTI-SOCIAL PRINCIPLES OP POPERT. Aquinas, quest. 89, art. 9, when it is doubtful whether the oath is valid or not valid, or the thing promised lawful or unlawful. Second, when the public good is in question, which ought to be preferred to private. Third, as a punish- ment of any crime committed by him who accepted it, if he treats about a matter which is subject to a superior. Fourth, on account of any injury done to the person who swears, as if the oath has been extracted by fear or fraud.' Then in p. 122 Bailly, tome ii., the author there states, that he ' will speak of those who can dispense in an oath when he comes to treat of vows.' On proceeding to this treatise, in p. 140, we see, ' There exists in the Church a power of dis- pensing in oaths and vows.' ' This is proved, first, from the Scriptures (Matt, xvi.), "Whatsoever ye shall loose on earth, shall be loosed in heaven." These words, since they are general, signify not only the power of loosing the bands of sins, but also of vows and oaths.' ' It is proved, secondly, from the perpetual usage of the Church, as appears from the decretals of Gregory IX., pp. 140, 141, &c.' I now pass to p. 145 of the treatise, ' You will ask what are just causes of dispensation from vows ' and I hope the Commissioners will bear in mind what has gone before, that vows and oaths are the same with respect to dispensation the answer is, ' The following are enumerated the honour of God, the utility of the Church.' " In course of his third examination, commencing p. 322, Part IL, the Rev. William John Burke further states, in reply to question 1. " You wish now to continue your statement, which you commenced yesterday, and to show the grounds upon which your mind was led to conclude that an heretical sovereign had not a claim upon your allegiance ? " Yes ; the heading is, ' On Oaths and Vows,' in p. 19 of ' The Church of Rome.' " Seven causes of dispensation with vows. 2. " Does this relate to excommunication or interdict ? " It refers to allegiance. In p. 145 of the decretals of Gregory, ' There exists in the Church a power of dispensing in oaths and vows. This is proved, first, from the Scriptures (Matt, xvi.), " Whatsoever ye shall loose on earth, shall be loosed in heaven." These words, since they are general, BAILLY ON OATHS. 109 signify not only the power of loosing the bands of sins, but also of vows and oaths. It is proved, secondly, from the perpetual usage of the Church, as appears from the decretals of Gregory IX., pp. 140, 141,' &c. Further, in p. 145, it is said, 'You will ask what are just causes of dispensation from vows?' (It has been stated that vows and oaths are the same in respect of dispensation.)* The answer is, ' The following are enumerated : The honour of God ; the utility of the Church ; the common good of the commonwealth, or of society, as when strifes, which divide families, are to be assuaged by a marriage, or an illustrious family, that would be profitable to the kingdom, is to be preserved; a moral danger of frequently violating the vow from frailty ; levity of mind; the spiritual good of the person who makes the vow ; perturbation of mind ; fear from which the vow was made ; a notable difficulty supervening on the execution of the vow ; a doubt as to its obligation or validity, and other things of that sort, which can be referred generally to piety, spiritual utility, and necessity. It appears, then, from this, that there are, first, seven causes which prevent an oath from imposing any obligation.' " Inference of the author of ' The Church of Rome' that these seven causes prevent the obligation of an oath. 3. " Those are seven causes for dispensing with what ? " With oaths and vows. The dispensation in oaths and vows is perfectly the same. There exists in the Church a power of dispensing in oaths and TOWS. 4. " You allege that the same causes which dispense with vows dispense with oaths ? " Yes. 5. " Is there any other passage upon that subject that you wish to quote ? " No. But I refer back now to pages 119 6. " What is the passage in Bailly which immediately precedes the enumeration of those seven causes ? " I have not Bailly before me. 7. " This is Bailly [the book being shown to the witness] and you are asked whether that passage is not, ' Qurenam sint pcena3 contra haereticos latse ; ' and whether that is the * This parenthesis is a statement of the author of " The Church of Eome." 110 ANTI-SOCIAL PRINCIPLES OF POPERY. passage that immediately precedes the enumeration, of which you have read the translation ? " These are what I have read. 8. " Is thai the question to which the enumeration, of which you have read the translation, is the answer ? " Yes. 9. " The question to which that enumeration is the answer, is the question as to the power of dispensing with vows ? Yes." Because dispensing poioers exist both as to oaths and vows. 10. " How do you establish that all which is said there in regard to vows is equally applied by the author to oaths ? " Namely, that the Church has the power of dispensing in oaths and vows." Refers to Dr. M'Hale's evidence in 1826. 11. "The question is, how do you establish that that enumeration which is there given in reply to the question with regard to the power of dispensing from vows is applied by the author equally to the power of dispensing with oaths ? " I will give the authority of a professor of Maynooth on the subject. Dr. M'ffale, a Professor of Theology in May- nooth, and now the Romish Archbishop of Tuam, swears, on his examination before the Commissioners of Education, in 1826, that the Church has the power of dispensing in oaths, when the good of the Church requires it. According to his sworn evidence, if the good of the Romish Church requires the Roman Catholics of this realm to renounce their alle- giance to Queen Victoria, that Church teaches and claims the power of absolving them from their allegiance ; and she alone can judge what is the good of the Church" Passage in Bailly refers to vows. 12. " At present the question is, whether the extract from Bailly, which you have read, applies to oaths or to vows, or to both ? " It applies to vows. 1 3. " Does the passage apply to oaths ? " Inasmuch as the Church has the power (and it is laid BAILLY ON OATHS. 11 down) of dispensing in oaths and vows, the same power of dispensing in the one it claims in the other." Not directly to oaths. 14. "Do you say that that passage in Bailly applies to oaths as well as to vows ? " No, not directly ; but I do not, perhaps, make myself understood. The Church claims the power of dispensing in oaths and vows. 15. " We are now dealing with this particular passage in Bailly, in which he specifies seven causes for dispensing with vows. Do you allege that Bailly, in that passage, lays down, either expressly or by inference, that the same causes are causes for dispensing with oaths ? " Bailly lays down that the Church has - 16. " Does Bailly lay down that there is a power to dis- pense with oaths, as well as with vows, under the same cir- cumstances in which he specifies that vows may be dispensed with ? Does he apply the proposition to oaths as well as to vows? " He claims for the Church the power of dispensing with oaths as well as vows. ] 7. " The question is, not whether the Church has the power of dispensing with oaths as well as vows, but whether the Church has the power, according to Bailly, of dispensing with oaths, under the seven circumstances specified in the passage which you have read ? " / have taken it in that sense, that she could dispense where the utility of the Church required it, and I am not singular in that opinion. 18. Do you now say that Bailly lays down in that passage, that oaths may be dispensed with as well as vows ? " Not in that particular passage." Proofs required of statement that same causes of dispensation apply to oaths as well as vows. 19. "Are you able to point out any other passage in which Bailly lays down that, under the circumstances speci- fied in what you have read, oaths may be dispensed with ? "No; but I will refer the Commissioners to pp. 120 and 121, where the words are ' Excuses from the obligations of an oath is the limitation of the intention of the swearer, either expressed or even tacit and understood, according to the dis- 112 ANTI-SOCIAL PRINCIPLES OF POPERY. position of the law, or according to custom ; for in every oath certain general conditions are included by law and custom ' (' Church of Rome,' p. 17). 20. " Do you allege, that in that passage oaths are dis- pensed with under the same circumstances which are applied to vows in the passage you have already read ; or can you point out any part of Bailly's work in which he lays down that the same causes which are sufficient to dispense with vows are also sufficient to dispense with oaths ? " I can : pages 119 and 120. 21. "Be good enough to read the passage from pages 120 and 121, which lays down, that the same causes which, in 145, are stated as causes for dispensing with vows have a similar effect with respect to oaths ? "In the seventh cause I find, 'saving the right of another.' 22. "Proceed to state any passages from 120 and 121 in which you allege that similar causes are applied to dispensing with oaths which, in 145, are applied to dispensing with vows ? " Excusing from the obligation of an oath : these are the seven causes. Let us not confound the seventh with the eighth cause. The eighth cause is applied to a vow, and seven causes are applied to an oath. 23. " Are they the same ? "No." Former answer repeated. 24. " Then the causes for dispensing with vows, which you read from 145, do not apply to oaths ? " The author * says they do, inasmuch as power is vested In the Church of dispensing with oaths and vows. 25. " Does Bailly say that the same causes which dispense with vows also dispense with oaths ? " No, he does not, generally. 26. " What is there to prove that the causes under which the author holds that the Church may dispense with vows are also the same under which he holds that the Church may dispense with oaths ? " That the Church has the power of dispensing with oaths find vows, when the good of the Romish Church requires it. * Of the Book called The Church of Eome." OATHS AKD VOWS. 113 27. " Is that the only answer that you can give to the question ? " At the present moment, it is." Because dispensing power exists as to both, it must, of ne- cessity, be exercised as to both, under the same cir- cumstances. 28. " You hold, that, because the Church can dispense with both oaths and vows, or is held to have that power, she must, of necessity, be held to be able and disposed to dispense, under the same circumstances, with both ? " Yes ; for in the seventh cause of dispensing with oaths it says, ' Excuses from the obligation of an oath is the limitation of the intention of the swearer, either expressed, or even tacit and understood, according to the disposition of the law, or according to custom ; for, in every oath certain general conditions are included by law and custom e.g., 'If you accept,' ' unless you remit,' ' saving the right of another.' 29. " Would you not rather infer, that the causes are different, from the fact of there being two separate enumera- tions one of the causes for dispensing with oaths, and the other of the causes for dispensing with vows ? " It specifies here, ' saving the right of another.' " Difference between oaths and voios. 30. " Are you aware of any difference between oaths and vows, as treated by Bailly ? " A vow is made to God, simply ; an oath is also made to God, but i* involves the interest of another. 31. " That being the difference, do you understand Bailly as teaching that they are dispensed with under the same circumstances ? " The Church of Rome claims the power of dispensing with oaths even promissory oaths to another, when the good of the Church of Rome requires it. 32. " Does the Church dispense with oaths and vows under the same circumstances ? " I really do not understand the question distinctly. I think the answer given is clear on the subject. 33. "The question is, whether or not the Church, as laid down by Bailly, claims the power of dispensing with oaths under the same circumstances in which it claims the power of dispensing with vows ; or, in other words, whether the I 114 ANTI-SOCIAL PRINCIPLES OP POPERY. circumstances under which it dispenses with vows are different from those under which it dispenses with oaths ? " There are cases in which it does dispense with oaths, even promissory oaths. 34. " The question is, whether it dispenses with oaths and vows under the same circumstances ? " That is, a person taking an oath and a vow at the same time. 35. " No ; a person taking an oath at one time, and taking a vow at another time, would the Church claim the power of dispensing with each under the same circumstances ?" " Yes, if the circumstances mere alike : that is my impression. Whether oath involving the right of a third party can be dis- pensed with. Effect of pontifical laws. And edicts. 36. " Do you recollect whether or not you were taught at Maynooth that an oath, involving the right of a third party, could not be dispensed with ? " There are exceptions to that. 37. " Were you taught that, as a general rule ? " It is contained in the class-books. 38. " As I understand you, you now state that the passage, quoted from page 145, applies to vows, and not to oaths? " Yes. ' There exists in the Church a power of dis- pensing in oaths and vows.' I find in Liguori, which is a book of reference in Maynooth, vol. i. ' DeLegibus,' page 109, ' The Pontifical laws oblige the faithful, though only pro- mulgated at Rome.' I give this quotation to show that the decrees of the Popes are binding on the faithful. 39. " Is that part of a class-book, or is it taugh't at [May- nooth ? " It is a book of reference in Maynooth. 40. " Is it referred to in Bailly ? " No ; it is referred to in class. Then he says that the edicts of the Pope, if written in Italian, only extend to Italy ; but if written in the Latin language, they are binding on the universal Church, unless the bishops reclaim against them. As the bishops have their procurators or agents in Rome, they, through them, should know of them. 41. " This is a passage from Liguori's book ? i; "Yes. 42. " On what occasion is that book referred to at May- nooth ; in what part of the course ? " ' De Legibus.' LIGUORI AS TO THE POPE*S DECREES. 115 43. "When is it referred to ? " It is a book of reference in reading ' De Legibus.' 44. " In what part of your course did you refer to it, or did you refer to it in any part of your course ? " I cannot exactly bring to mind the particular parts of Liguori's works I referred to during my theological course ; but Liguori's works are looked on as standard works of high authority in Maynooth, and are frequently referred to as such." Respecting faith and morals. 45. " Does it refer to the Pope's decrees about faith or morals, or what is he treating of in that passage ? " I quote from memory ; I think both faith and morals. 46. "Do you mean to say that Liguori maintains that the Pope's decrees, respecting faith and morals, are binding, on all Catholics ? "Yes, certainly. 47. " You are not aware, whether that passage is referred to in the class-book ? " It is not referred to in the class-book, as it was published many years subsequent to it. Liguori is referred to in class, and quoted as a standard authority, as an authority very much respected at Maynooth. I now come to the oath taken on in- duction." 48. " Is that the oath, taken at Maynooth ? " No ; but subsequently to that. 49. " Is it the oath taken at ordination ? " No ; but the oath taken when I was inducted as parish- priest." , The Rev. HENRY NEVILLE, at P. 352, Question 148, is asked, Oath of allegiance made to heretic valid. " Will you refer to Bailly, tome 2, page 120 and 121 ? I wish to direct your attention to a passage to be found there with reference to oaths, and to a passage at page 145 of the same volume, with reference to vows ; will you be good enough to state whether, according to the doctrine of the Roman Catholic Church, as taught at May- nooth, the oath of allegiance originally made to an heretical sovereign is invalid, or can be afterwards, or at all relaxed by any power in the Church ? " and answers, " AT cath of allegiance, made to an heretical sovereign, or 12 116 .ANTI-SOCIAL PRINCIPLES OF POPERY. even an excommunicated sovereign, and even one denounced by name, is perfectly valid : for we have seen already, that amongst the effects of excommunication, in the one which precludes from social intercourse between parties, the rela- tions of subject and prince are excepted ; consequently, excommunication does not interfere with the obligation of a subject with regard to his sovereign ; and, as heresy cannot in any other way interfere, except through the effect of excommunication, therefore an oath of allegiance, made either to an heretical or excommunicated sovereign, is as valid as if made to a person within the pale of the Church. 1 49. " Can such an oath be at all abrogated or relaxed by any power in the Church ? " There is no power in the Church capable of relaxing the oath of allegiance to any lawful sovereign ; because, in order to relax the oath, the obligation of allegiance itself should be relaxed ; and, as there is no power to relax the second, there is no power to irritate the first. 150. "What do you mean by the expression 'lawful sovereign ? ' " The person in quiet possession of the kingdom for the time being. 151. " The sovereign de facto to whom the oath of alle- giance has been taken ? " " Yes ; and in quiet possession" Explanation of one of causes impeding obligation of an oath. 152. Will you refer to the passage at page 120 and 121, in which a reference is made to the seventh cause of excusing from the obligation of an oath, and in which the expression occurs ' salvo jure alieno ; ' what is the meaning of that passage, as expounded at Maynooth, and by Roman Catholic theologians ? " The seventh cause excusing from the obligation of an oath is said to be the limitation of the intention of the party swearing ; and it is said that this limitation can be ' ex- pressed,' the party mentioning words to restrict the obligation of the oath to certain circumstances or certain conditions, as, for instance, I swear to do a certain thing for you, in case you do a certain other thing for me, or for another. Here we would have an 'express' limitation of the intention of the swearer. The limitation can also be tacit, but then it must be understood and determined, not at the option of the party swearing, but by some disposition of law, or by custom j and OATHS OF INFEKIORS. 117 amongst the conditions implied by law, or by custom, one is expressed by salvo jure alieno, that is, without violating the right which another possesses over me. The question re- gards an oath made by a party over whom another has some right, either the right that a master has over his inferior, or that a partner may have, as a fellow-partner in business, over the common matters of partnership between them ; and it supposes that the party so connected with the right of another cannot make an oath against the right of that other party without the other party's consent; and ivhether he expressly state this condition or not, that the condition is, ex natura rei, implied in the oath* The manifest reason of this is, that an oath cannot be de re illicita, and it would be de re illicita should a person swear to do a thing which he could not do without violating the right possessed by another. 153. " Does that apply to the case where the jus alienum, is kept secret from the person to whom the oath is made ? " It will apply even where the third party is, ichen making the oath, unaware of the right of the other ; but he will not be bound to limit his oath until he discovers the right of the other as having existed previously to his oath. For instance, if a person swear to give a considerable sum of money to another, thinking, at the time, that he was equal to meeting all his debts ; if he discovers afterwards that before he made that oath his property was not equal to meeting all his debts, he would be then bound, in the first place, to pay his lawful debts, and would not be bound to give the money, which he promised to the other, though he swore it, because he could not do it justly, he could not do it without violating a duty to his creditors, and injuring the prior right which they possessed. 154. " Suppose the case of a party taking an oath, know- ing the restriction in the right of the third person, which is kept secret from the person to whom the oath is taken ? " In that case, the party making the oath to another who accepts it, and accepts it in ignorance of the pre-existing right of the party making that oath, is bound to the person to whom he makes it, not by virtue of the oath, for his oath is in that respect restricted, but by virtue of the obligation of fidelity, because he practises a grievous deceit, which he is bound to repair. 155. " You would consider it false and contrary to morality to take an oath when a person was so circumstanced ? 118 ANTI-SOCIAL PRINCIPLES OF POPERY. " I would look upon it as contrary to truth, and, in many instances, contrary to justice. It might be contrary to justice, because it might pretend to confer a right on the other party, in order to acquire some consideration in return, to which consideration, in the circumstances, no title would exist. 156. "It would be a sin in itself to pretend to subject yourself to an obligation when you were fully aware that you were not capable of entering into it by reason of any incapacity at the time ? " Yes. 157. " Can you illustrate the obligation towards another which cannot be violated by an oath, by any reference to the relation of parent and child ? " A very apt illustration occurs in the Book of Numbers, 30th chapter. It is this ; a father has the right of irritating the vows or oaths made by his unmarried daughter, as long as she is living in the house with him, provided that he dissent as soon as he comes to a knowledge of her having made the oath or vow. In like manner, a husband is entitled to irritate the vows or oaths made by his wife, provided that he does not consent to them as soon as the fact comes to his knowledge that she has made such vows or oaths. So that the condition for the obligation of an oath or vow expressed by the words salvo jure alieno is set forth most clearly in the law framed by God himself for his chosen people. 158. "With reference to the oath of allegiance. Sup- posing the oath of allegiance taken, and a subsequent oath, which would be inconsistent with the oath of allegiance, but in no way wrong, taken, how would the principle that you have mentioned apply to such a case ? "If a subsequent oath be taken, valid in every other respect, except that it is at variance with the previous oath of allegiance, that oath is invalid, because it is not salvo jure alterius it is, in a word, de re illicita. 159. "Suppose the oath of allegiance not taken, but the ordinary duty of allegiance existing, and an oath taken, in every respect valid, but inconsistent with the duty of allegiance, how would the principle apply there ? " The same would be exactly true, because the taking of the oath of allegiance does not introduce the right. The right is supposed to be pre-existing ; so that, independently of the OATH OF ALLEGIANCE. 119 oath of allegiance, an oath valid in every other respect, except that it was opposed to allegiance, ivould be, on that account, invalid. 160. "Because it did not save the right of the monarch ? "Yes. 161. "Does that apply as well to a monarch out of the communion of the Church of Home as within it ? " Yes. 162. " And as much to the Queen of this country as if she were a Roman Catholic ? " It applies quite as fully, because the obligation of allegiance to Her Majesty is quite as obligatory as to any Roman Catholic sovereign. 163. "In page 145 there were three several cases given in which vows may be dispensed with. How is the passage headed ? " ' Justoe causae dispensandi a votis.' 164. " Is that in reference at all to oaths ? " Oaths are of two kinds, assertory and promissory ; and the promissory oaths are of two kinds they are either made to another man or made to God alone. The latter kind of oaths alone are, as the theologians say, ' aequiparata ' with vows. This is distinctly stated in Bailly, tome 2 (Dublin, 1829), page 121. He says: 'For it is manifest that oaths made to God alone can be commuted or relaxed by dispen- sation by a lawful superior ; for, in this respect, oaths and vows " asquiparantur " are regarded as the same.' It appears, hence, that the only oaths that can be dispensed with on the same titles as vows would be oaths that differ very little from vows namely, those oaths made to God alone ; but any oath that involves the right of another, as is distinctly stated in the same volume of Bailly, page 122, cannot be dispensed with. Oaths made to another party, in his favour, and accepted by the other party, cannot be dispensed with by any human authority without the consent of him in whose favour they have been made. There are four exceptions given, but they arise from some imperfection, in the oath itself. 165. " Are those any of the cases comprised in page 145 ? " Certainly not ; there is no connexion between them. 166. " Is there any power in the Church to dispense with r. Doyle, who was one of the first canonists of his day, would have made the above the Twentieth and not the Twenty -first canon of the Council of Lateran. TENDENCY OF POPERY. 193 have, they do it ; and the way is this : the hody is interred in the first cross-road, with a stake thrust through the body. 17. " That is not in force in Ireland ? " It would he if it could he. 18. " Is it in force in Ireland ? " No ; it cannot be in force in Ireland it cannot be if it could it would. 19. " What is meant by Christian burial ? " It is meant by Christian burial that the priest goes, and that he reads the appointed service at interment that is, pro- perly speaking, Christian burial in this country. 20. " In point of fact, did you, while a priest in the Roman Catholic Church, refuse to officiate at the funeral of a person because he had not communicated in the preceding Easter ? " I never refused any person. 21. " Such a rule is not in force in the Eoman Catholic Church in Ireland, is it ? " There is no rule with regard to it in Ireland. The chief rule is, that when persons give a half-crown to have mass said, it is done." Rule not enforced in Ireland. 22. " In point of fact, the rule is not enforced in Ireland among the Roman Catholics ? " No. I do not believe that they have the power to do it. 23. " Whether for money or conscience sake, they do not, in fact, enforce it? " I do not think they do." "With reference to the manuple, it is to be here observed, that Mr. Brasbie seems to have been under the same impres- sion as Mr. Burke. Yet the Reverend Professor Neville, p. 349, says, in reply to questions of Commissioners 113. "Do you conceive it possible that any of the May- nooth students can hold the opinion that the taking off of the manuple is significative of the priest for a moment laying aside his sacerdotal office ? " I never heard so absurd an opinion expressed ; it was never dreamed of in the College. 114. " Or that it is a sign that the prayers thenceforward to be offered are in any manner to be less effective ? o 194 THE ANTI-NATIOXAL OK DISLOYAL " Certainly not ; such an intention would be at once im- pious and hypocritical. 115. " Do you think it possible that some of the students should manifest their disloyalty when singing the antiphon for the Queen, by substituting the word ' whack ' for ' fac' ? " The students do not sing that part of the antiphon at all ; it is sung solo, by the master of the choir, hence the substitu- tion is impossible." In the course of the third day's examination, at p. 324, Mr. Burke goes at greater length into various important points. Some of his statements seem to be denied, explained away, or qualified by what Professor Neville and other witnesses state, as will be seen at a subsequent page. Some have received confirmation ; as to others the witness states the impression on his mind and the minds of his fellow-students, from communications with one another, and from the oral or written instruction at Maynooth. Having referred to the oath taken on induction, he is asked, quest. 48. " Is that the oath taken at Maynooth? " No, but subsequently to that.* 49. " Is it the oath taken at ordination? " No, but the oath taken when I was inducted as parish priest." Tenth article of creed of pope Pius IV. 50. "Have the goodness to state what the oath is to which you refer. " The Creed of Pope Pius IV. The tenth article of this creed is ' I acknowledge the Holy Catholic Apostolic Roman Church, for the mother and mistress of all Churches ; and I promise true obedience to the Bishop of Rome, successor to St. Peter, Prince of the Apostles, and Vicar of Jesus Christ. I likewise undoubtedly receive and profess all other things delivered, defined, and declared by the sacred canons and general councils, and particularly by the holy Council of Trent. And I condemn, reject, and anathematize all things contrary thereto, and all heretics which the Church has con- * Note by Witness. The oath is also taken by all the professors of Maynooth, prior to their being installed in office. TENDENCY OF POPERY. 195 demned, rejected, and anathematized.' Here I swear that I will 'receive all other things delivered, defined, and declared by the sacred canons and general councils, and particularly of the Council of Trent.' I find at the 14th Session, the Qtk canon, tJiat the Council of Lateran was declared by the holy Council of Trent to be a general council, and reckons all its decisions to be the voice of the Church. In the 4th Lateran Council, the 3d canon, it is thus written (the book is, * A Survey of the Modern State of the Church of Rome, with additional observations on the doctrine of the Pope's Supre- macy,' by William Hales, 1788), 'Per Lateranense Concilium Ecclesia statuit,' and as such it is binding on all who sub- scribe to the creed of Pope Pius IV. ' Third canon of fourth Council of Lateran. 51. " Have the goodness to recite the canons you wish to refer the Commissioners to ? " I take the third canon : ' We excommunicate' (' Church of Rome,' p. 74) 'and anathematize every heresy which exalteth itself against this holy, orthodox, and Catholic faith, which we have set forth above, condemning all heretics, by whatsover names they may be called, having, indeed, their faces turned different ways, but their tails bound together ; for, from their folly, they agree in the same thing,' &c. 52. '' How do you apply these canons ? " To show that a power is claimed by the Church of Rome of absolving from oaths of allegiance. Now I go to the twelfth century: ' But if any temporal power, being required and admonished by the Church, shall have neglected to purge his territory from heretical corruption, let him be bound by the metropolitan and the other comprovincial bishops ivith the chain of excommunication ; and if he shall contemptuously refuse to make satisfaction within a year, let this be signified to the Chief Pontiff, that, from that time forth, he may de- clare his subjects free from their allegiance to him, and expose his territory to be seized by Catholics, who may, without any contradiction, having exterminated the heretics, take possession of it, and preserve it in the purity of faith, saving the right of the Chief Lord, provided only that on this he himself sfu/ll not present any obstacle, nor impose any impediment. The same law, nevertheless, being observed as to those who have not any Chief Lord' " O 2 196 THE ANT1-NATIOXAL OR DISLOYAL This doctrine not directly taught at Maynooth, but witness bound to it by oath at induction. Had not then read the canon in question. 53. " In your time was that doctrine, as laid down in that Council of Lateran, taught at Maynooth ? " Not directly ; but I was bound to it by the oath taken by me when I was inducted as parish priest. 54. " Had you ever read that Council of Lateran at the time you took the oath ? "No. 55. " Have you ever read it since ? " Yes, I have. 56. " When did you read it first ? " I cannot say exactly when I read it. 57. " Was it after you had left the Church of Eome ? "No, I read it before I left the Church of Eome. 58. "Was this Lateran Council made the subject of in- struction at Maynooth ? " It was, as well as the other Councils. 59. " Did you understand that this Lateran Council was admitted at Maynooth, and its authority recognised ? " Yes. 60. " This part of it ? " I cannot say this exactly, but the whole Council ; when the Council is referred to, it is supposed that the Council is recognised. 61. "Were you taught at Maynooth that, if a General Council deals with matters not connected with faith and morals, its decrees are not binding ? " I was taught there that the decree of a General Council was binding. 62. " If it were a decree not affecting faith or morals ? " Affecting both. 63. " But if it extended to other points beyond faith and morals, was it held to be binding ? " Yes, certainly, as a decree of the Council." Whether decrees of Councils not affecting faith or morals binding. 64. " Although the decrees did not affect faith or morals, still they were binding ? " Every decree of a Council was binding, whatever it was. TENDENCY OF POPERY. 197 65. " Whether it did or did not affect faith or morals ? " Yes. 66. " Did you ever hear that several of the decrees of the Council of Trent, respecting discipline, were not received in many countries, and were not binding ? " I never did." Instance in case of marriage decrees of Council of Trent. 67. " Did you not know that the decrees of the Council of Trent, with respect to marriage, were not received in many dioceses in Ireland ? Yes, in three. The decrees respecting discipline in mar- riage were not received in three dioceses in Ireland, because the bishops or their proctors reclaimed against the discipline in marriage. 68. " Does not that prove that the decrees of the Council on every subject are not binding as a matter of course ? "In the year 1829 the discipline was received in Dublin and two other dioceses ? 69. " Have you a distinct recollection now, speaking from your own knowledge, that this canon was made the subject of lecture whilst you were in Maynooth College ? " I have not ; but I know that the Council of Lateran was received the matter was not spoken of that Council more than any other Council beyond where reference was made to it in the class-books. 70. " Was there any teaching at Maynooth upon that portion of the Council which is contained in the paragraph which you have quoted ? " I have no recollection at present." Witness referred to denial of authority of that canon in Delahogue. 71. " Do you recollect the treatise ' De Ecclesia,' in which the whole question is discussed as to the power of the Pope over temporal sovereigns ? " Yes. 72. " You recollect probably that it occupies no incon- siderable portion of the volume ? " Yes. 7-3. " Do you remember, in the course of that discussion, that this very question of the authority of the third canon of the Lateran Council, as bearing upon this subject, is fully 198 THE ANTI-NATIOXAL OK DISLOYAL discussed, and its authority, as bearing upon it, distinctly denied ? " I recollect that that was the subject of the year, but what the conclusion was I really cannot, at present, say ; but I would be inclined to say that, though that is the teaching of the class-book in Maynooth, a different impression was left on my mind. 74. " The effect of the education which you received at Maynooth, you have stated, was to make you from a loyal subject to a disloyal one ? " Decidedly, from what I witnessed, and saw, and heard, particularly in 1829, struck me very forcibly, as well as previous. 75. " Have you concluded your statement of the reasons that led you to those conclusions ? " Yes." Summary of reasons which led to tvitness's disloyalty. 76. " As I understand, they consisted of the doctrine re- lating to excommunication and interdict, and the doctrine respecting oaths, to which you have already referred ? " Yes. 77. " "Was there anything eke ? " There was : what I had seen in the College, and what I had witnessed in the conduct of the students. 78. " And the effect of the decree of Lateran ? " Yes : as being received and approved by the Council of Trent ; and my induction oath bound me to receive the same." Referred to Roman Catholic prayer-book. 91. "Will you be kind eneugh to look at this copy of the Vade Mecum \the same being handed to the witness^ which was published in 1840, and look at the passage in the prayer at the beginning of the canon of the mass, in which the person reading it purports to offer what the Roman Catholics con- ceive to be the sacrifice of the mass for certain purposes there mentioned, and in which are these words, ' To have mercy on thy servants N.IST. (naming), our chief bishop, N., our prelate, N., our king, and all that truly fear Thee ? ' " This ivas published in the year 1840.* 92. " It was published in 1840. Can you state whether or not the Vade Mecum which you used at Maynooth con- tained that prayer ? * Witness, it seems, entered Maynooth College, Session 182". TENDENCY OF POPERY. , 199 " / do not recollect that it did. The impression on my mind is, that it did not. 93. " Will you look at this copy of the Key of Heaven [tie same being handed to the witness], also published in 1840, in which the first prayer to be read by the people during what is called the canon of the mass, contains these words, ' Most merciful Father, who hast given us thy only Son to be our daily sacrifice, incline thine ear to our prayers, and favour our desires ; protect, unite, and govern thy whole Church throughout the world ; pour forth thy blessing on his present Holiness, that prelate who has a particular charge over us, our Queen, and all true professors of the Catholic faith.' Are you able to say, whether that prayer was con- tained in the copy of the Vade Mecuin which you used at Maynooth ? " No. So far as my memory serves, I am able to bear in mind, that there was no prayer offered in any that I read in Maynooth, save and except the Missal. I have a most distinct recollection that there was none that I ever read in Maynooth, save and except the Missal, lohich was printed from a Missal published on the continent, where the Crowned head was a Romanist, and the blank in the Missal was left for the name of the king or queen. 94. " Do you remember or not, that this prayer was con- tained in the Key of Heaven which you used at Maynooth ? " I am certain that it was not." Referred to prayer before Mass. 95. " Will you be good enough to look at the prayer which comes after the acts of faith, hope, and charity, and which is usually repeated before mass, headed, ' A prayer to be said before Mass,' and beginning with the words, * Oh, merciful Father, who didst so love the world as to give up for our redemption thy beloved Son,' &c., calling your attention to this particular passage, ' We offer it for the propagation of the Catholic faith, for our most holy father the Pope, for our archbishop (or bishop), and for all the pastors and clergy of thy holy Church, that they may direct the faithful in the way of salvation for the Queen, for her Viceroy, and all that are in high station ; that we may lead quiet and holy lives ; for peace and good will among all states and people ; for the necessities of mankind, and particularly for the congregation here present ; to obtain all blessings we stand in need of in 200 THE ANTI-NATIONAL OR DISLOYAL this life, everlasting happiness in the next, and eternal rest to the faithful departed.' Was this prayer contained in the copy of the Vade Mecum which you used at Maynooth ? " I never read it, and I never heard it." Witness never read or heard of that prayer. 96. "Are you able to say whether or not it was contained in the copy of the Key of Heaven which you had at May- nooth ? " That prayer I never heard or read in any copy or prayer- book I ever read. When the priest commences mass, those having such a prayer-book read the English of the Latin the priest reads, and thus goes along with the priest in the different parts ; and if the priest does not read it, they cannot be brought back to it. 97. " My question was with respect to the contents of the Key of Heaven which you used at Maynooth. Was that prayer contained in that book ? " I never read it in it ; I never knew it in it. To the best of my recollection, it was not. / never read it before this day, nor did I know it ivas ever read in any part of Ireland. 98. " Will you be kind enough to look at this card.* I believe you are aware that it contains, substantially, a copy of the Acts, and a copy of that Preliminary Prayer, and that in this are the words, ' For the Queen, and all who are in high station, that we may lead a quiet and peaceable life. Did you ever see a card or a table containing that prayer ? " " Never, before I saw it in the hands of the Commissioners yesterday. 99. " Are you aware that it has been for many years the practice in the Roman Catholic chapels in Dublin for the priest to read those Acts and that prayer, copied on that table, before the celebration of mass on Sundays ? "No." Never heard of the practice of reading these prayers before Mass. 100. " Are you aware that he does so in the vestments in which he celebrates the service, and that his practice is, after reading out that prayer to the congregation assembled, immediately to proceed, in the same vestments, to the celebra- tion of the mass ? * A card containing the acts of faith, hope, and charity, and pre- liminary prayer appointed to be read before Mass. TENDENCY OP POPERY. 201 " No. It surprised me much when it icas asserted yesterday. I never knew it at any place I have ever been in. I teas an academical year a priest in Waterford. I celebrated mass, and heard it frequently in the chapels of Waterford, and I never knew, either in Waterford, in Limerick, or in any part of the counties of Clare or Galway, any prayer to have been offered up before mass, save and except the acts of faith, contrition, hope, and charity ; and it surprised me very much when I heard what loas stated yesterday. That v:as the first time I ever heard it mentioned. 101. " This particular prayer applies to the archbishopric of Dublin, and the question is whether you are aware that the practice in the archdiocese, and particularly in the city of Dublin, is that the priest, in the vestments in which he celebrates mass, before mass, reads that for the congregation assembled for the purpose of attending mass ? " I never heard or knew that any such thing was ever done. It was never read in Maynooth, which is in the archdiocese of Dublin. 102. " Supposing it to be established, that for a period of upwards of forty years, since the time that Archbishop Troy was the Roman Catholic Archbishop officiating in Dublin, it has been the constant practice for the priest, in his vest- ments, to read that for the congregation before the celebra- tion of mass, would you still retain the opinion that it was not consistent with Catholic usage, or Catholic discipline, or Catholic doctrine, to pray for the Queen ? " I certainly would. 103. " Although that was the constant practice, would you still be of opinion that it was against Catholic usage or discipline or doctrine to pray for Her Majesty, though not a Roman Catholic? " From what has been taught at Maynooth, and the impres- sion on my mind, arising from what I have witnessed, and what I know of it, I come to the decided conclusion that it is contrary to what I learned, saw, and was impressed on my mind, that a priest can pray for a heretic labouring under major excommunication, whose kingdom is under interdict." Witness then speaks, 150, of the difference between professor and class-books. States, 153, his impression that professor taught differently from the class-book ; 158, that he was an ultramontanist ; 163, does not remember to have 202 THE ANTI-NATIONAL OR DISLOYAL seen prayer shown him by Commissioners in any missals used by him at Maynooth; at 168 is asked, " Does that apply to the prayer, ' Defend also, Lord, from all adversity thy servant Gregory our Pope, N. our Bishop, William our King, and the Royal issue ; ' or to this prayer, ' "We beseech thee, O Almighty God, that thy servant "William our King, who through thy mercy hath iindertaken the government of these realms, may also receive an increase of all virtues, wherewith being adorned, he may avoid the enormity of sin, vanquish his enemies, and being rendered acceptable in thy sight, may come at length to thee, who art the way, the truth, and the life, through Christ our Lord?'" and answers, " I never heard of that prayer before this day. 169. ' : Supposing that to be printed in English by the authority of the heads of the Church, and used generally, Avould you still be of opinion that it was unlawful to pray for a monarch who was a Protestant ? " I REALLY DO ; FOR THIS REASON, THAT ROMANISM WILL ACCOMMODATE ITSELF TO EVERY CLIMATE." Prayers for heretics. In the evidence of the Eev. Dr. BUTLER, p. 337, is the following : 111. "Does the Church of Rome hold, that a Roman Catholic may not offer up prayers for an excommunicated person ? " No ; he may offer up prayers for all parties, but he may not join in prayer with an excommunicated person ; I mean, not in social worship. 1 12. " What is the difference between the prayer which may be offered up for a heretic in common periods of the year, and that which may be offered during the Easter season say on Holy Saturday ? " In Easter week, on Holy Saturday, there is the benedic- tion of the baptismal font. If the sovereign be a Roman Catholic, his name is mentioned in the same ; but if not, of course the name is not mentioned. Again, there is a prayer offered up for the sovereign in the canon of the Mass, if he TENDENCY OF POPERY. 203 be a Roman Catholic ; but if he be not, it is passed over in the canon ; but at the end of the Mass, whether he is a Roman Catholic or Protestant, it makes no difference, then a prayer is offered up in certain Protestant countries. 113. "Is there any difference in Easter -week in the prayers offered for heretical persons ? " On Good Friday a prayer is offered up for the con- version of all heretics, Jews, Turks, and others. 114. " Are the Commissioners to understand the difference to be this : that it is at all times lawful to pray for heretics, but that on Good Friday it is the rule to do so ? " It comes in then in the regular way. The great point, I apprehend is, whether the Roman Catholic Church permits a prayer to be offered up for Protestants in the mass. No, SHE DOES NOT, EXCEPT FOR THEIR CONVERSION." Sovereign not prayed for in the canon of the Mass, unless a Roman Catholic. 115. " That is in the canon of the Mass ? "If the 'Rex' is not a Roman Catholic, the officiating priest must not mention his name in the opening prayer of the canon of the Mass. 116. " May not the congregation pray for him ? " They may do so if they please. 117. "Under what instructions does the priest refrain from inserting the name of the Sovereign, if a heretic, in the canon of the Mass ? " Under the instructions received by every priest in his study of the rubrics, preparatory to his first celebration of the Mass. The act of the Mass, which comprises the most solemn part, namely, from the offertory, before the ' orate fratres,' up to the ' communion,' inclusively, is looked upon as so essen- tially Roman Catholic, that unless a person belong to the Roman Catholic communion, his name cannot be mentioned ; the priest, in that part, representing the whole Church, and the Church, in its ritual, not offering up the sacrifice but for its own members. But the priest, in his own individual capacity, may mentally pray for parties not members of his communion. Every ordained priest gets an intimation of that. When I was ordained a priest in Rome, when I came to that part of the canon, I asked who was the king I was to pray for. I was told, after you pray for the Pope you may 204 THE ANTI-NATIONAL OR DISLOYAL then put down the name of any Eoman Catholic Sovereign, or no name, just as you please." Sovereign prayed for in prayer before Mass. 118. " Though it is not in the canon of the Mass, has it not been the custom, for instance, in the Roman Catholic archdiocese of Dublin, for the parish priest to read a prayer before Mass, in which he says, ' We offer it,' e. g., the most holy sacrifice of the Mass, ' for the Queen and all who are in high station ' ? " Yes ; ' that we may lead a quiet and peaceable life.' 119. " But does the priest not say, ' We offer, &c., for the Queen ' ? " A priest makes his intention privately in offering up the Mass, and it is upon the intention he makes privately, accord- ing to canonists, that the validity of the Mass depends. But a parish priest is supposed to offer up the Mass every Sun- day, according to the intentions prescribed in the aforesaid prayer, and those intentions govern him in the celebration of the Mass." Mass can be offered for the temporal welfare of a heretic, if his conversion be also prayed for. 120. " Is the priest not at liberty, in the Roman Catholic Church, to offer the sacrifice of the Mass for the conversion of a heretic from heresy, and for his temporal welfare ? " If you connect the temporal welfare with the conversion, of course I would grant that. In offering up the Mass for a non-member of the Church of Rome, a priest must neces- sarily first offer it for his conversion as a sine qua non. 121. " Are we to understand, then, that a priest is per- mitted to offer up the sacrifice of the Mass for a living heretic ? " Yes, if not publicly denounced, subject to what I have above stated. An erroneous impression prevails in Eng- land, that what is written about heretics, persons who are, in every sense of the word, heretics, in Roman Catholic works of theology, necessarily applies to all Protestants, which is not correct. 122. " Then Protestants, generally, and the Queen of Eng- land, are not amongst those who are specially denounced ? " Of course not. TENDENCY OF POPERT. 205 123. " Is it lawful to offer up the sacrifice of the Mass for the Queen, if she be a heretic ? " Yes, subject to what I have already stated." Statement of distinction* made in this matter. 124. " State concisely the distinctions which are made in this matter. " All agree in thi?, that you may pray for an heretical Sovereign ; all agree that the name of an heretical monarch cannot be inserted in the canon of the Mass ; all agree that you may offer the Mass for an heretical Sovereign with the intentions above specified. Theologians differ on this ques- tion, whether it is lawful to offer up the sacrifice of the Mass for an heretical Sovereign, who is deemed the head of an heretical Church ; but this does not prevent such Sovereign being publicly prayed for by Roman Catholic congregations. 125. " Did you not officiate as a Roman Catholic priest in the Roman Catholic diocese of Dromore, under the Right Reverend Dr. Blake ? " Yes." Practice of reading prayer before Mass, including prayer for the Queen. 126. " Are you not aware that the practice in that diocese, as well as in the Roman Catholic archdiocese of Dublin, has been for the priest, before Mass, to read the prayer before mentioned, expressing the intention to offer the sacrifice of the Mass for 'the Queen and all in high station' ? " Yes ; I was accustomed to read that prayer myself, when I officiated in either of the two dioceses." Eev. HENRY NEVILLE, p. 345 : 58. "Does the practice of denouncing persons vitandi exist in this country ? " No such practice exists in this country as denouncing persons who have incurred major excommunication." Catholics can pray for heretics or parties under excommunication. Exception. 59. " Is there anything in the nature of heresy, irrespective of excommunication, to prevent the prayers of Roman Catholics being offered for the spiritual and temporal welfare of heretics ? 206 THE ANTI-NATIONAL OR DISLOYAL " No ; the prayers of Roman Catholics may be divided into those which they offer as private individuals, or as partial communities ; and those which they offer by virtue of unity of communion as one Church. With regard to the prayers which Catholics offer, as private individuals, or as partial communities, these can be offered for heretics and excommu- nicated persons, in fact, for any persons inside or outside the pale of the Church, for their spiritual and temporal welfare. In the prayers, however, that are offered by the whole com- munity of Catholics, as one person, through their authorized ministers, and Avhich are determined even in theiv wording such as the prayers in the liturgy of the Mass Protestants and excommunicated persons persons, in a word, out of the pale of the Church are not alloiced to be introduced by name, except in one instance, namely, in the service of Good Friday. The priest, in so far as he acts as the minister of the whole Church, cannot introduce the name of any person outside the pale of the Church into the canon of the Mass, or into the collects of the Mass, but he can pray with himself, and with his present congregation, and offer the Mass himself, and in union with the congregation present, for persons inside or outside the pale of the Church. I beg to refer the Commissioners to Bailly on this very subject: at tome 3, page 90 (Dublin, 1828), after stating that the priest or cleric cannot offer the sacrifice of the Mass, or the canonical hours publicly and in the name of the Church for excommunicated parties, he then proceeds : ' As I have said, publicly and in the name of the Church ; but it is lawful for the ministers of the Church, and for the faithful, to pray privately, in their own name, for excommunicated parties nay, the priest, in the very sacrifice of the Mass that is, in the memento* (which is the place where he applies his own private inten- tion within the canon of the Mass) ' in the memento, as a private person, can pray for an excommunicated party, and even apply to him the special fruit of the sacrifice of which lie can dispose ; provided that he abstain from mentioning his name in the canon or in the collects.' 67. " You mentioned, in stating the matters from which a denounced person, under major excommunication, was ex- cluded, the suffrages of the Mass, from which he was so excluded, as distinguished from the sacraments ? " Yes. 68. " Will you state now in what manner the Mass, as a TENDENCY OP POPERT. 207 suffrage of the Church, is regarded in reference to persons denounced under major excommunication? " When I say that a person under major excommunication is deprived of the suffrage of the Mass, I mean that he is de- prived of the benefit accruing from the Mass offered by the whole Catholic community, through the ministry of their priests, all over the world; but by no means that he is deprived of the prayers of the priest, or congregation present in any particular place where the Mass is offered. 69. " Or of the sacrifice of the Mass as offered by them ? "No. ' 70. " You distinguish between the prayer of the Church and the prayer of the congregation ? " Yes ; the former being the suffrage of the whole Church, and the latter a particular prayer offered by particular persons, or communities, and for particular objects." Mass can be offered for persons outside the pale of Church authorities cited. Usage in this country to pray for the Sovereign. 71. " The Mass, as a sacrifice, can be offered for heretics and excommunicated persons of all classes by a congregation, and by an individual priest ? "Yes 86. "You observe a part of that prayer in which the priest says, * We offer it ' that is the sacrifice of the Mass ' for the Queen and all that are in high station, that we may lead a quiet and peaceful life.' When the priest reads that prayer before Mass, does the priest offer sacrifice of the Mass for those intentions ? " The priest necessarily offers the sacrifice of the Mass for the intentions here expressed, for those words are to be looked upon as the directing of his intention. 87. " And the intention of the congregation ? " Yes, as uniting with him in the offering of the sacrifice of the Mass. 88. " Would it be lawful for the priest, having read that prayer for the congregation, to withhold from the intentions with which he offers the Mass any of the intentions specified there ? " The priest would sin by so doing ; and the revoking of his own intention would not affect the intention of the people 208 THE ANTI-NATIONAL OR DISLOYAL who prayed with him in offering the Mass, even if he com- mitted that sin. 94. " There are various editions of that book, successively published from time to time, are there not ? " Yes. 95. " In that copy in your hand, of 1840, do you observe a similar prayer there ? " Yes ; I find that the prayer is exactly the same. 96. " Are you aware of that book being extensively used by Roman Catholics ? "Yes ; it is a prayer-book in general use throughout Ireland. 97. "Is High Mass celebrated every Sunday in May- nooth ? " Yes : every Sunday we have High Mass." Custom of praying for the Queen at Maynooth. 98. " Is there a portion of the service on Sundays appro- priated to prayer for the Queen ? " Yes ; immediately after the High Mass the master of the choir intones the antiphon for the Queen, repeating ' Domine salvam fac Reginam nostram,' 'O Lord, save our Queen,' three times ; he is responded to by the whole community, in these words, ' And hear us on that day when we shall invoke thee.' The officiating priest then proceeds to read the prayer for the Queen. 99. " Are you able to specify that prayer ? " The prayer is that given in the missal, ' Pro Rege,' for the Sovereign, and is as follows : ' We beseech thee, God Almighty, that thy servant, Victoria, whom thou hast raised to the government of this kingdom, may obtain from thee an increase of all virtues, with which, becomingly adorned, she may avoid the monster of vice, and, pleasing to thee, arrive at thee, the Way, the Truth, and the Life, through Christ our Lord, Amen.' The manuple what is it ? its use ? 100. " What is the manuple ? " The manuple is the part of the priest's dress worn over the arm. It was not originally one of the sacred vestments, but was rather a kind of towel or napkin which the priest used during the sacrifice of the Mass. Writers on the liturgy describe its uses as coinciding with those of a napkin or pocket-handkerchief (from which the name manuple), vide TENDENCY OP POPERY. 209 Romsee, Praxis celebrandi Missam, part III., page 172. Such application of it has, however, long since ceased, pro- bably in the twelfth century, and it is now retained as one of the priestly ornaments. 101. " At what period of the service is it removed from the arm ? " The manuple is never used except within the liturgy of the Mass itself ; so that if processions are to succeed Mass, or even Benediction of the Blessed Sacrament, or any other ceremony that is not strictly a part of the liturgy of the Mass, the manuple is removed, the other vestments still being con- tinued to be worn by the priest. 102. " At what period is it removed ? "It is removed immediately after the liturgy of the Mass closes, that is, after the Gospel of St. John has been recited by the priest. 103. " Does the prayer and antiphonfor the Queen follow that portion of the service ? " The antiphon and prayer for the Queen are not part of the liturgy of the Mass. The liturgy of the Mass cannot be changed, and they are consequently repeated after the liturgy of the Mass has been concluded ; therefore, in conformity Avith the general observance on the matter, the manuple is re- moved, all the other vestments being retained. 104. " The liturgy of the Mass is a separate form, which is not susceptible of change ? " Yes. 105. " Is the liturgy of the Mass the same as the canon of the Mass ? " The canon forms only a part of the liturgy of the Mass, beginning after the preface, and ending at the Pater Nosier ; it is subject to no variation, with two or three slight exceptions. 106. " Do you know whether or not, where the Sovereign is not a Protestant, that antiphon is recited at the closa of the service in the same way ? " I cannot say from positive knowledge ; but lam satisfied that, in compliance with the rubrics, the manuple should be removed whenever a prayer is said outside the liturgy of the Mass. 107. " Do you know whether that prayer is used in May- nooth for our Queen, and whether it is used after High Mass for the Sovereign in Roman Catholic countries ? " I have heard that it is so used in other countries with 210 THE ANTI-XATIONAL OR DISLOYAL us ; even when the Benediction of the Blessed Sacrament immediately follows the High Mass, the prayer for the Queen is recited immediately after the prayer for the saint for the day. 108. " In addition to what is done after High Mass? " No ; it is not said immediately after High Mass, when Benediction is to be given ; the Benediction immediately follows the Mass, and at the Benediction, in the presence of the Blessed Sacrament, the prayer for the Queen is recited. 109. " As a part of the ceremony during the Benediction ? "Yes. . 110. " After the ceremony of the Mass is concluded ? " Yes. 111. " Is the Benediction the ceremony of the Church most solemn after the Mass ? " It is. The Benediction is the ceremony of the Church in which the priest blesses the people with the Blessed Eucharist.'* The Rev, H. Neville gives further testimony on the subject of Excomm unication. P. 349, 117. "Does that apply at all to the Protestant in- habitants of this country ? "It cannot apply to the Protestant inhabitants of this country ; firstly, because they are not excommunicated ; and, secondly, because they are not publicly denounced. 118. " Is the refusal, in Roman Catholic countries abroad, to allow ecclesiastical burial to heretics, confined to those only who are formal heretics, and who have been specifically and personally denounced ? " I cnnnot answer for the usages of particular places ; but it ought not to be denied, except to formal heretics ;* and if it be denied in any places to material heretics, it must arise from the ignorance of the people, who may not sufficiently dis- tinguish between a material and a formal heretic, and may presume that, as a person holds heretical doctrine, he must be a formal heretic ; which, perhaps, should not be wondered at if the people be exclusively Catholic." * The following passage is from La Croix, one of our first moral theologians : " Navarrus and Lugo, de fide, and many others quoted by Grobat, think that the prohibition of ecclesiastical sepulture refers to heretics who are denounced by name as vitandi. Others, however, think it applies when they die notoriously heretics, for then their heresy is both formal and external." La Croix, Lib. vii. 258. TENDENCY OF POPERY. 211 Allegiance not interfered loith Tjy excommunication or interdict. 123. " Have you ever heard that Commentary of Menochius condemned in the lectures ? " I have never heard it condemned ; it was formerly in use as a text-hook, but is scarcely ever read now. 124. " Have those matters relating to excommunication and to interdict any reference at all to allegiance, or to social rights and contracts allegiance towards a Protestant monarch, and contracts between Roman Catholics and those out of the communion of the Roman Catholic Church ? " Excommunication or interdict cannot, in the slightest degree, interfere with the duty of allegiance due from a subject to his monarch ; because, though an excommunicated party, who has been denounced by name, is deprived of the civil society of the faithful, a special exception is made in favour of the monarch, for which I will refer the Commis- sioners to Bailly, tome 3 (1828), page 102. There, in explanation of the exceptional cases, in which it is lawful to communicate with an excommunicated and denounced person, he explains the one expressed by the word ' humile ' in the following manner. The third cause is ' subjection,' which is signified by the word ' humile.' Hence, sons can commu- nicate with excommunicated parents, soldiers with excom- municated generals, subjects with excommunicated princes, servants with excommunicated masters, and this by virtue of the canon law. It will be remarked that this is no par- ticular opinion, but that it is one of the five exceptions to the prohibition of civil society allowed by the law itself a recognized principle of the canon law. 125. "And that principle would be considered as im- plicitly governing all the general declarations contained in the bulls ? " Yes ; the prohibition of civil society is set down as one of the effects of excommunication ; the cases to which it extends are set forth in the line, ' Os, orare, vale, communio, mensa negatur;' and the exceptions similarly, and with the same authority, as follows : ' Utile, lex, humile, res igno- rata, necesse.' So that there is exactly the same sanction for the exceptions, as for the effect itself resulting from major excommunication. p 2 212 THE ANTI-NATIONAL OR DISLOYAL 126. " Then excommunication does not dissolve legal obli- gations, according to the civil laiv of the country ? " It dissolves no legal obligations betiveen masters and ser- vants, subjects and princes, fyc" A passage has been cited at a former page* from a recent edition of Reiffenstuel, one of the most eminent canonists, in course of which the following question and answer occur : " Are vassals and servants and others freed from private obligation due to a heretic, and from keeping faith with him? " Yes; all are so by the clear disposal of the law" Here, one might exclaim, is a palpable contradic- tion between the witness and the canonist. But Romish casuists may possibly find a mode of reconciling these two apparently contradictory passages. The sentence of excommunication may take effect as the declaratory power of the Pope is said to do, with regard to the oath of allegiance. It will be borne in mind that upon that subject the Romish theory is this that the Pope does not dissolve the oath of allegiance, but simply declares that such a state of circumstances has arisen as had already re- moved the duty of allegiance ; and that the act of the Pope is merely declaratory of that fact. Priests do not swear their belief in those canons of Lateran that assert temporal power to the Church. 128. "In reference to that passage in the priest's oath that is contained in the llth clause, ' I likewise undoubtedly receive and profess all other .things delivered, denned, and -declared by the sacred canons and general councils, and par- ticularly by the Holy Council of Trent ; and I condemn, reject, and anathematize all things contrary thereto, and all heresies which the Church has condemned, rejected, and anathematized ' it has been stated to the Commissioners that the Council of Trent adopts the third and fourth Councils of Lateran. What do you conceive to be the extent of the priest's obligation with reference to the third and fourth Councils of Laternn ? " In virtue of the oath sworn by the priest on receiving a * Pago 76. TENDENCY OF POPERY. 213 parish, in clause 1 1 of the creed of Pope Pius the Fourth, he solemnly accepts, and professes his faith in those councils only that are general ; and, as the Council of Trent is amongst the most important of those councils, and is also the latest, it comes to be expressly named in the declai*ation. Now, if the third or fourth councils of Lateran, in those canons in which they assert the temporal power of the Pope, have not been accepted as general by the Church, they are entirely beside the subject of the priest's oath ; but those canons have not been accepted as canons of a general council by the Church ; and it is well to remark here, that a mere opinion about a council's being general does not prove it to be such; it must be universally, and without exception, received by the Church as a general council.* Those canons in question have never been received as of a general council by the Church. As to the adoption of the fourth Lateran Council by Council of Trent, the latter does cite the Lateran Councils third and fourth on several occasions, but the present canon is never referred to. 129. " General councils are not binding except as they relate to faith and morals? " Faith and morals, and general discipline. 130. "Are the Commissioners to understand that the third canon of the fourth Lateran Council is not binding as the canon of a general council? " That is distinctly to be understood. f 131. "Is not Cabassutius the text- book on canon law in the College of Maynooth ? " No, not at present ; the text-book is Devoti. 132. " How long has that been the class-book ? * See Delahogue's "De Ecclesia," p. 165, where, after stating the conditions essential to a general council to be three, namely, that it be General " Convocatione," " Celebratione," and " Exitu," he explains the last condition thus : " Finally, a council is ecumenical (general) 'exitu ' when its decrees are approved by tho universal Church." And, as we find some decrees of councils approved by the Church, whilst others of same councils are not so approved, it is plain that the same council may be in part general, and in part not. t See Delahogue's " De Ecclesia," 271, on this very point. He has stated that the bishops present were in possession of temporal dominion, and also that many secular princes were present at the council. He then concludes, " Whence it is true that the fourth Council of Lateran was at once a council of the Church to define doctrine, and a general assembly of temporal princes, who were desirous in every way possible to provide for the peace and security of their dominions." 214 THE ATSTI-NATIOXAL OR DISLOYAL " I think it must have been for the last twenty years. 1S3. " But Cabassutius is n class-book, is it not? " It was formerly, but it has been found not to be suffi- ciently full, and Devoti has been substituted for it. 134. "Are the canons which relate to the ecclesiastical power operating upon heretics in force in Ireland? " Those canons are not in forc6 in Ireland, nor can they be looked upon anywhere as canons of a general council. 135. "Are the canons of the third and fourth Councils of Lateran, or of either of them, which relate to the in- terference with the temporal power of the Sovereign, put in force in Ireland? " They are not in force in Ireland, nor are they to be looked upon as the canons of a general council ; for it can happen that a council may in one part of its session be general, because it has a sufficient number of bishops to represent the universal Church, and because it has been accepted by the Church universally, or formally confirmed by the Pope, and yet, in another part of its duration, it may be a mere particular council, either because it has not a sufficient number of bishops, or because matters have not been conducted, as they say, conciliariter, or it has not been accepted by the Church or confirmed by the Pope. 1 36. " Are those canons included in Avhat the Council of Trent adopts ? " Those are certainly not included in any decrees of the Council of Lateran, adopted by the Council of Trent. 137. "Are they included in the oath of the priest, by which he adapts the Council of Trent? " Not being the canons of a general council themselves, nor adopted into the general Council of Trent, they cannot, therefore, fall under the matter of the oath of the priest. 138. " Will you explain how it happens that certain canons of the third and fourth Lateran Council are in force, and others are not in force as canons of a general council ? " I have already stated that three conditions are required to constitute a council general. If, then, a council, or any part of a council, be deficient in any or all of these, such council, or part of council, is not general. Now it would be impossible for any, except those alive at the time, to be assured immediately of the presence of those conditions, hence we can know the ecumenicity of Lateran, or, indeed, of any other council, only through a medium : the medium TENDENCY OP POPEUV. 215 is the acceptation of the council as general by the Church. The decrees in question have never been so received." 139. "It has been stated to the Commissioners that Liguori, which has been said to be a book of reference in Maynooth, vol. i., p. 109, " De Legibus," contains this passage: 'The pontifical laws oblige the faithful, though only promulgated at Rome ; ' and this was cited for the pur- pose of showing that the decrees of popes are binding on the faithful? " This is a question on which theologians are divided. The Ultramontane school hold that the Papal laws, by the fact of being published at Rome, bind the whole Catholic world. The Gallican theologians, on the contrary, assert that, in order that the Papal laws should bind in any parti- cular country, they require express promulgation in that country. The latter is the opinion held in our class-books, for which I refer the Commissioners to Bailly on Laws (Lyons, 1833), marked vol. vi., p. 551, where, to the ques- tion whether ecclesiastical laws made by the Pontiff, or by councils, bind before they are published in the particular provinces ? he answers that, ' Ecclesiastical laws, even those made by the Pontiff in matters that regard discipline, do not bind before that they have been published in each pro- vince.' He then subjoins his reasons, which it is not necessary to enter into. The doctrine expressed in Builly is the one held and taught by the theological professors of Maynooth, and generally adopted by the bishops in this country. Dr. Doyle and Dr. Murray, in their evidence before the House of Commons, in. accordance with this opinion, stated that the Bulla Cvence was never received in these countries. " But, according to the Ultramontane school, Papal laws published at Rome bind the faithful everywhere ; and there- fore, on this hypothesis, would it not be a natural inference that the Sulla Ccence, if in force anywhere, must be in force in Ireland even though it may not actually have been received and sanctioned by the Romish hierarchy in that country ? CHAPTER IX. MISCELLANEOUS POINTS. ENGLAND, INDIA, THE COLONIES, THE UNITED STATES OF AMERICA, AND JIAYNOOTH. The Very Reverend DAVID MORIARTY, D.D., gives evidence as follows, p. 1 1 1 : 1. " You are the President of the College of All-Hallow& at Drumcondra, are you not ? "Yes." College of All-Hallows. Foreign missions. 6. "How long has the College of All-Hallows heen in existence ? " Nearly eleven years. 7. " Will you state to the Commissioners the object for which that College was instituted ? " That College Avas established exclusively in order to supply priests for the foreign missions I mean, all missions out of Ireland, chiefly those where English is spoken. 8. " How many students are there now in your College ? " Ninety -two. 9. "Are there any bishops in the colonies from your College? " No, it has been too recently established. 10. " Can you state how many priests your College has sent out in each year since its formation ? "During the first years very few could have been sent out, but the average number since its foundation is about thirteen. Distribution of missionaries sent out by the College. 11. Will you state, as nearly as you can, the distribution MISCELLANEOUS POINTS. 217 among the several parts of the world, of the missionaries sent from the College ? "To British America, North and South, we have sent about fourteen, to the United States about forty, to the East Indies, twenty-two, to the Mauritius and Africa, six, to the West Indies, thirteen, to New Zealand and Australia, thirteen, to England and Scotland, twenty-seven ; besides this number about 140 students who entered our College have left it : some gave up the ecclesiastical state of their own accord, a few were requested to do so by us, and the far greater number of the 140 have gone to other colleges, chiefly in the United States, and I presume that a large proportion of them are now engaged in missionary duties in America. 12. "Are the students ordained priests in the College? " Some of them were ordained in the house, and some were sent out, and ordained abroad by their bishops. There are 135 whom I look upon as having been educated in the College and fitted for priests' orders. 13. " Those who were prepared at your College went out on the foreign mission? " Yes." Sources of revenue of All-Hallows College. 1 4. " How is the College supported ? " It is supported partly by charitable contributions, partly by grants from the Society for the Propagation of the Faith, in Paris, partly by small pensions paid by the students, and partly by contributions from the bishops in the colonies, for whom the students are intended ; those contributions which the bishops make towards the support of the students, may be considered as money from the Society for the Propagation of the Faith, from which the bishops receive that money ; and, finally, by contributions from the Directors, inasmuch as all the money that we receive for any spiritual functions, such as chaplaincies, masses, or preaching, we throw into a common fund for the support of the College. 22. " From what sources, speaking generally, are the mis- sionaries sent by you from your College supported ? " Where there is no establishment, such as exists in the Mauritius, Australia, and Canada, and where the congrega- tions are not sufficiently numerous to support a clergyman, they are supported from funds allocated to the different 218 MISCELLANEOUS POINTS. missions, by the Association of the Propagation of the Faith. 23. " What is the nature of the Society to which you have referred as the Society for the Propagation of the Faith, and what is the manner in which its funds are collected ? " The Society of the Propagation of the Faith is directed, in the first instance, by two Committees, one sitting in Lyons and the other sitting in Paris ; they are chiefly lay French gentlemen ; all persons throughout the world contributing one halfpenny per week become associates of the Society. 24. " It is the same as is known usually by the name of the Society of Lyons ? "Yes. I find that the allocations for last year to the missions in the British Empire amounted to 4>3,400/., and the grants made to the United States amounted last year to 44,000/. sterling. 25. " By British possessions, do you mean those exclusive of the British Islands ? " Including the whole of the British Empire to England and Scotland a certain amount is given. The grants by the Society of the Propagation of the Faith are always made to the bishop, and he distributes the money received from the Society amongst his missionaries as they may want it. Where a large congregation exists, there is no necessity for giving a special grant to a priest." Oilier Institutions supplying priests for foreign missions. Carlow College. Waterford College. 26. " Can you state whether the priests for foreign missions are supplied from any other college besides All-Hallows ? " Yes, they are supplied from Carlow, where there is a foundation, educating about thirty students for the foreign missions ; and they have been supplied in some number from Waterford. 27. " Especially to Newfoundland ? " Yes, and to missions in England. Waterford College is a diocesan seminary ; the number of young men educated there generally exceeded the number needed in the diocese, and hence they have gone to foreign missions. 28. " The missionary establishment of Carlow is distinct from the diocesan establishment, is it not ? " Yes, it is in the College, but the foreign missionaries are kept entirely separate from the other students." MISCELLANEOUS POINTS. 219 Foreign Colleges. 29. " Are the foreign missions supplied from any, foreign college ? " Yes, they are. If we speak of those out of the British Empire, they are supplied chiefly from foreign Colleges ; from the missions Etrangeres, the St. Esprit, in Paris, from the different establishments of the priests of the congrega- tion of St. Vincent de Paul, from the Propaganda in Koine, and from all the Colleges of the religious orders. The mis- sions in the British Empire are supplied partially, too, from those foreign Colleges that I have mentioned just now." Maynootli. 30. " Are you aware whether any of the priests that have been educated at Maynooth, have, in the last eight years, gone on foreign missions ? and, if so, under what circum- stances, and in what number ? " I believe some have gone, but I have reason to think that the number has been very small. . . ." P. 113, the Very Rev. witness proceeds : 33. " There are some bishops of the Roman Catholic Church at present, are there not, in the East Indies who have been students at Maynooth ? "Yes, three. 34*. " Will you mention their names ? " Dr. Carew, Archbishop in Calcutta ; Dr. Fenelly, Bishop in Madras ; and Dr. Murphy, Bishop in Hyderabad. 35. " Are you aware whether there are any other bishops in Her Majesty's foreign possessions who have been students from Maynooth? " Dr. Murphy, who is Bishop of Adelaide, in Southern Australia ; Dr. Smith, the late Archbishop of Port of Spain, Trinidad, was educated at Maynooth, but as an extern ; he was educated, I believe, as an extern, because, being avowedly intended for the foreign missions, he would not be admitted as a member of the College. He was allowed to lodge in the town of Maynooth, and to attend the lectures. That was the only instance that I know of an extern student having been educated at Maynooth. He died about two years ago." 220 MISCELLANEOUS POINTS. At p. 160 of Appendix to Report, the names are given of twenty-four priests educated at Maynooth, and now in England. United States. 38. " Is there any bishop from Maynooth, at the present time, in the United States ? " The Archbishop of St. Louis, in the state of Missouri, the Most Reverend Dr. Kenrick." P. 113: 39. "Had they, any of them, gone out from Maynooth prior to their appointment ? " The Bishop of Hyderabad went out as a priest from Maynooth, the Archbishop of Calcutta, and the Bishop of Madras went out as Bishops from Maynooth. 40. " From this country, you mean, do you not, not from Maynooth ? " No ; I mean from Maynooth. One was a professor of theology in Maynooth when he accepted the appointment, and another was bursar." No person educated in Maynooth for foreign missions. 41. " Were they appointed bishops immediately from being students, or had they fulfilled other capacities, either in the ministry or as professors, and how long after their education had been completed were they appointed bishops ? " The Archbishop of Calcutta was for several years a pro- fessor in the College, and was appointed bishop while pro- fessor. The Bishop of Madras was bursar of the College, and was appointed after he had held the bursarship for some years. The Bishop of Hyderabad went out as a clergyman, and was appointed bishop after having been some years in the ministry in India. The Archbishop of St. Louis was for some years in the ministry in Dublin, and in America, before he was appointed Archbishop of St. Louis. Dr. Murphy, Bishop of Adelaide, was for several years on the mission in England, and for some years, I think, on the mission in Australia, before he was appointed bishop. I can say with sufficient certainty, that no one is educated in Maynooth for the foreign missions. I am quite certain that the President would not receive any person who would enter for that avowed purpose. I know that the President, on a late occa- MISCELLANEOUS POINTS. 221 sion, refused to allow a person to be ordained in the College for the foreign missions, and that the bishop of that student's diocese had him ordained upon his own dimissorial letters, and then transferred him to the foreign mission." P. 113: 42. " Is it within your knowledge that any of the Roman Catholic clergy, having cures in Ireland, have gone out with emigrants from this country to the United States ? " I know that numbers within the last seven or eight years, having cures in Ireland, have gone to America in consequence of the emigration of their people. 43. " There was one instance, was there not, in which a parish priest emigrated with his flock ? " That was the case of the Rev. Mr. Hoare, in the county of Wexford, who took with him a large number of farmers and labourers, with the intention of founding a settlement in America. I do not know of any other. 44. " Out of the thirty at Carlo w, do you know how many annually go out of that number? " I cannot say. 45. " Can you inform the Commissioners how many of the foreign bishops, that is, bishops in Her Majesty's foreign pos- sessions, have been educated at the College of Carlow ? " None that I am aware of. I should say that not one has been educated at the Missionary College at Carlow. It is of the same date as our own College. 46. " Is it within your knowledge that any other Roman Catholic bishops in Her Majesty's foreign possessions had been educated at any of the seminaries in Ireland ? " I do not know of any. 47. " You mentioned Carlow and "Waterford as being two seminaries at which students were educated for the foreign missions ; are there any others ? JS T o." PLACARD AND TRACT DISTRIBUTORS. Eev. P. MURRAY, p. 368, writes as follows: "X. Thirdly. All sane men admit that the supreme power may be, on grounds of expediency, not only justified, but even bound, to tolerate and invest with civil privileges, like the rest of the community, a sect which it believes to be false. Not only is it the right, but the duty of the State to 222 MISCELLANEOUS POINTS. protect the religious worship as well as the members of such sect from insult, oppression, or annoyance of any kind. I do not mean that the State is bound to act in every case. Here again comes in the consideration of expediency the great rule of Governments, whether ecclesiastical or civil, in all matters that are not fixed by higher and immutable laws. Suppose a number of Protestant fanatics to get placards carried about the streets of Dublin, pasted on the walls, and thrust into the hands of passers-by, containing virulent abuse of our religion, ringing changes on idolatry, Anti- christ, &c. Suppose, on the other hand, a number of Roman Catholic fanatics to foul the thoroughfares of London with placards equally scurrilous and offensive on the other side. To me it appears clearly within the province of the civil power to punish both parties with equal rigour and this altogether irrespective of the religion of the Government, or its belief as to the truth or falsehood of either religion thus assailed. I hold that a Catholic Government, having Protestant subjects, should protect them from such aggres- sion, just as strongly that I hold that a Protestant Govern- ment should protect its Catholic subjects." ERROR AS TO SUPPOSED CROWDED STATE OF MAYNOOTH. Rev. D. L. BHASBIE, p. 310: 76. "Again, the late Sir Robert Peel asserted, in his place in the House of Commons, that three students were necessitated to sleep in a bed in Maynooth College. In my time, no two students could sleep in one bed ; and I say it to the honour of the College, that it was expulsion the very moment two students were caught in one bed, that moment they were ipso facto expelled. Sir Robert Peel said that three were accustomed to sleep in one bed, thereby proving that there was not sufficient accommodation. I say that the President of the College of Maynooth, or the Professors of the College of Maynooth, or some of the students of the College of Maynooth, should have come forward publicly and denied that fact. It was a misstatement unintentionally made by the late Sir Robert Peel. He believed his informant; and it would have reflected great and immortal honour upon the College if one of those men had come forward and said that it was false and a misstate- ment ; but it was let run through the land uncontradicted, because it served a certain purpose." MISCELLANEOUS POINTS. THE "CATHOLIC EMANCIPATION" FESTIVITY OF 1829. THE MULGRAVE FESTIVITY OF 1836. Apropos to the anti-national or disloyal tendency of the teaching of Maynooth College is the testimony given by various witnesses as to what took place on certain festive occasions. 1. On the occasion of the Act of 1829 the " Catholic Emancipation " Act being passed. 2. The visit of Lord Mulgrave, when Lord-Lieutenant of Ireland, to Maynooth. There is conflicting evidence on some of the facts and points involved. In this Digest little more can be given than a very brief statement, and a reference to some of the questions and answers in the evidence, which require to be carefully analyzed and considered. It is difficult, if not impossible, to reconcile the conflicting statements. Yet it would be manifestly improper to reject the whole. 1. Indeed, as regards the "Catholic Emancipation" festival there is no contradiction. The Rev. D. Brasbie, and the Rev. J. Burke r who were students in Maynooth at that period, 1829, are the two witnesses who speak to this point, and no one witness do I discover called to explain away or to deny their statements. 2. As regards the Mulgrave Festivity of 1836, that such festivity took place is not disputed. But there is a difference as to the allegations with reference to the persons present, the songs sung, the speeches made, and the duration of the entertainment. 1. Then, as to the "Catholic Emancipation" feast of 1829: Rev. D. L. BRASBIE was in the College when the Bill passed. (P. 307, 4, 46.) A feast was given on the occasion, and the College was illuminated. (P. 309, 47.) " There was a sort of mingling 224 MISCELLANEOUS POINTS. a saturnalia between the professors and students on that occasion." (50.) Does not recollect any song on the occasion that made any particular impression. (54.) Re- members one of the College authorities singing a song when he was consecrated bishop. (55.) The song composed by Dr. England may have been sung on that occasion, i.e., the festival of 1829. (56.) The questions and answers at p. 309, from 46 to 59, both inclusive, give the evidence of Mr. BRASSIE on the subject. 46. ""Were you at Maynooth at the time Emancipation was granted ? " Yes. 47. "Do you remember whether any celebration of Eman- cipation took place ? " Yes ; the College was illuminated, and we were allowed, I think, three or four bottles of wine to every eight students. 48. " What happened on that occasion in the hall ? " On that occasion I perceived nothing, except as on ordinary occasions. St. Patrick's-day and Christmas-day were always celebrated in much the same way. 49. " Were the students alone on that occasion ? " No ; there was generally one of the deans present, always walking up and down the refectory. 50. "Was he the only officer of the College who was present on that occasion ? " I cannot remember ; I think there was a sort of mingling, a sort of saturnalia, between the professors and students on that occasion. They .were all naturally elated ; and there was singing and amusement, as we had on St. Patrick's-day and Christmas-day. 51. " There is nothing particular that is fixed upon your memory ? " I saw nothing extraordinary. 52. " Do you recollect the time of Lord Mulgrave's visit ? " I should think I was not in the College then ; I left the College in 1834. 53. " Do you remember any song that was sung on that occasion, that i., on the granting of Emancipation ? MISCELLANEOUS POINTS. 225 " There were a great many songs sung ; I do not recollect any particular song. I would attach no great importance to any song sung on that occasion, whether it was one way or the other ; it was a night of glee. 54. " You do not recollect any song, on the occasion of the Emancipation, that made any particular impression on the students ? " No, I do not. 55. "Do you remember any of the College authorities singing on that occasion ? " No ; I recollect one of the College authorities singing a song when he was consecrated bishop Dr. Grotty, of Cloyne. 56. "Do you remember a song that was composed by Dr. England? " I have heard it sung. 57. " Was it sung on that occasion ? " It may have been ; I do not remember. 58. " Have you heard it sung in Maynooth ? " As well as I remember, I think that I have heard it sung, but I would not positively swear to that ; not on that particular night, more than any other time. 59. " Do you remember its causing any particular impression on the students ? " I cannot say ; but I know they appeared to like it,, perhaps from being composed by one of their own order." Rev. W. J. BURKE, p. 315, 316: Grounds of witness's inference that allegiance was not due tcr a Protestant monarch. 74. " Are you not able to state any proposition which was taught from the chair of the professor from which you drew the inference, that the oath of allegiance was not to be kept to a heretical monarch ? " I state this proposition (I cannot lay my hand on it, I will to-morrow) that all Protestants are under major excom- munication that this country was placed under interdict in the reign of Queen Elizabeth ; that that interdict had not been removed up to 1830 ; and hearing the Royal anthem sung, ' Domine salvum whack Regem,' having heard from the students that the priest could not pray for a heretic king with the manuple on, I came to the conclu-ion that I was not bound in allegiance to him. I was Q 226 MISCELLANEOUS POINTS. in Maynooth at a very excited period I was there in 1825, 1826, 1827, 1828, and 1829. I was there at the time that Emancipation was granted and celebrated ; the College authorities supplied wine on the occasion ; and I was much shocked at what I witnessed that night. The students invited the authorities to join them on the occasion of the celebration ; and they did so : it was celebrated with music and singing. The best singers were selected to sing on this occasion, and among the songs sung that night was one said to be composed by Dr. England, who was educated in Maynooth he was Bishop of Charleston, in America and this song, as far as I can recollect, was the only one encored on the occasion. Part of the song runs thus " c Columbia's banner floats on high, Her eagle seizes on its prey, Then Erin wipe thy tearful eye, And cheer thy hopes on Patrick's-day.' " The next stanza says " ' The toast we will give is, Albion's fall, And Erin's pride on Patrick's-day.' At this latter sentiment being uttered, the authorities and students were instantly on their legs, and cheered the senti- ment ; they encored the song over and over again ; and, as well as I recollect, it was the only one that was encored that night. This occurred in the presence of all and every one of the authorities of Maynooth, and not one man stood up to express his disapprobation of such disloyal expressions. I thought it most extraordinary in a College supported by Government ; with men who are supposed to take the oath of allegiance, and to be loyal men ; professor?, &c., receiving large and well-paid salaries, students supported and educated by the State ; and on such an occasion when political privi- leges were conferred on Romanists, that such disloyalty and ingratitude should have been expressed, and so openly ap- proved of and encouraged. Every one of the students com- mitted this song to memory, and it was the constant song for months and months, sung in and out of the hearing of all and every one of the authorities, and I never knew, or heard, that any of them expressed his disapprobation of it." 2d. As to the M-ulgrave festival, it will be well to consider MISCELLANEOUS POINTS. 227 1. Statements by the Protestant witnesses. 2. Statements by the Roman Catholic witnesses, and to notice first in order the evidence of the parties making the charge. Bey. J. O'CALLAGHAIT, (184, 17), instances what took place on the occasion of Lord Mulgrave's (now Lord Normanby) visit, as proof that loyalty was not inculcated rand in answer to Q. 16, he says : Loyalty not mfused. " As far as your experience went, was a spirit of loyalty infused into the students ? " No ; I should say not" Instance, Lord Normanby's visit in 1836. 17. " Have you anything to state upon that point ? " I can state a fact which came under my own notice, which, I think, plainly shows that a spirit of loyalty was not inculcated there. I remember, when I was a student, that the then Lord-Lieutenant, the Earl of Mulgrave, the present Marquis of Normanby, visited the College, when we were all drawn up to receive him, and presented an Address to him. He then ordered that our examinations (it was just at the approach of the winter examinations) should be dis- pensed with, and, at the same time, ordered us some wine. Three bottles were, accordingly, served to every mess. The students at meals are divided into messes ; every mess con- sists of eight persons. We clubbed, and made up some money to send to Dublin for confectionary and other things ; the College supplied us with hot water, and we had a feast. There was a great deal of jovialty on the occasion. In the course of the evening some of the professors paid us a visit ; when they came in, there was a rush of the students towards them, and they soon formed a circle round them. O'ConnelPs health was proposed^ and the Professor of Logic, Mr. White- head, spoke to the toast." Mr. Whitehead's Speech. 18. "In what year was that ? "In the November of 1836, as well as I remember. I remember distinctly that Mr. Whitehead on that occa- sion observed, ' That, as we were bound by every principle Q 2 228 MISCELLANEOUS POLNTS. to support and defend those who would fight our battle, and seek liberty and entire emancipation for us ; so, on the other hand, there was no law, human or Divine, natural or revealed, that prevented us from seeking, by all legitimate means, to humble a nation that would grind us, trample upon us, enact penal laws against us, and set the same value upon the head of a priest, that it had set upon the head of a wolf.' I remember those words, and as well as I recollect, these are his ipsissima verba certainly I give the substance of what he said. That sentiment was applauded for four or five minutes. The then Professor of Logic is now, I believe, the Vice- President of the College of Maynooth. 19. " Was that a period of great political excitement in Ireland ? " It was, I think, after the time of the great anti-tithe Meetings in Ireland." Recollects no other instance of any political demonstration. 20. " Do you remember any other instance at all of a similar kind in which the students made any political de- monstration ? " No ; I do not recollect any other instance of any political demonstration having been made by the students. 21. " Who was the head of the College at that time ? " Dr. Montague. 22. " Did the authorities of the College take any notice of the occurrence by reprimanding any party ? " Not to my knowledge." Dr. Renehan present, and sang. 23. " Was any other professor present besides Mr. White- head? " Yes, the then Vice-President ; his name was Renehan ; I think he is the present President ; I remember he sang. 24. Was he present during the delivery of the speech ? " Yes, for he sang before or after that speech. 25. " Was anybody else present that you recollect ? " As well as I remember, Dr. Montague was present. 26. " During the speech ? " I am not quite certain, but, as well as I remember, he 'was. I remember those two in particular, because one sang, and the other made a speech." MISCELLANEOUS POINTS. 229 Other persons present. 27. " Do you happen to remember any other individual, student or professor, who was present ? " The entire of the senior house were present. I do not know who the present deans or professors of the College are. Dr. Crolly was present, I think ; I only think three or four superiors were there. 28. " "Was the whole hody of the students present upon that occasion ? " The whole body of the senior house. 29. " Including the Dunboyne students ? "Yes, I should say that the Dunboyne students were present. 30. " Did all this take place, so much as part of the feast, that those who were present must have heard it ? " Yes, certainly ; the professors came in it was at an ad- vanced stage of the feast when a great many songs had been sung by the students, a great many toasts proposed, and a great many speeches made. The visit of the professors being of a marked kind, it attracted the attention of all the students, and they formed a circle, and stood round them. Mr. O'ConnelTs health was the first and only one proposed, and Mr. Whitehead was then called on to speak to the toast. 31. "Is there any other person with whom you have com- municated on the subject who was present at the time, and who would be likely to have a recollection of the occurrence ? " No, except those who are now Roman Catholic priests, and many others who have left the College, like myself. 32. " You have described this meeting as a sort of feast in the College ? Yes." Origin offcast. 33. " In what way was this feast permitted, or how did it originate ? " It was communicated to the students that his Excellency the Lord Lieutenant had ordered the examinations to be taken off that winter, and had also ordered wine to be supplied to them for a feast ; that every mess would, therefore, get three bottles of wine ; and that we had permission to hold this feast. We then, all of us, subscribed a sum of money, and MISCELLANEOUS POINTS. we sent to Dublin for the other things, and the College kept us in hot water." P. 185 : 47. " Did you hear afterwards that any fault had been found with that speech of Dr. Whitehead ? No ; but I know very well that we often repeated it when walking together, as we thought the sentence sounded so well. I re- collect that we got the words of the sentence by heart, and it was one with which we all sympathized ; we thought, as some said, it would be of use to us afterwards. 62. " Have you any other circumstance to mention illus- trative of the same feeling ? " I know that a hatred of England and of Protestantism was the strongest and most predominant feeling among the students at Maynooth." Other instance of manifestation of feeling. 63. " On what occasion had the students at Maynooth an opportunity of exhibiting to one another, or in the presence of one another, that sort of feeling ? " On the occasions on which the walk-days were wet ; for instance, every Wednesday was an idle day, and, when it happened to be wet, the students assembled together, as they had nothing to do after a certain time of the day." Student arrested for seditious language. " I recollect one student, who, I was informed, and believe (for I was not in the College at the time), was arrested in the College for seditious language made use of at meetings which took place in some part of Ireland. He was, as I was told, bailed before the Duke of Leinster ; and I heard this person myself frequently give specimens of the orations that he had delivered ; and I could swear solemnly that if he had made use of half the same abusive language against any Eonuui Catholic saint that he did against the Queen and her Government, he would have been expelled immediately. I never heard that he received the slightest reprimand ; on the contrary, I know that he was a great favourite with the pro- fessors and students in general. 64. " Was this language within the knowledge of any of the authorities of the College ? " It was within the knowledge of the monitors." MISCELLANEOUS POINTS. 231 The foregoing may be taken as substantially a correct epitome of the charges made, and the evidence supporting them. We now come to the parties repelling the charge. Language said to have been uttered at the festival is brought under the notice of Dr. HURRAY, who says, p. 88, 113, he remembers the occasion, but that no professor would be capable of such abominable statement as that said to have been made. The question and answer are as follows : ' Lord Normanbys visit to the College in 1836. Alleged speech of a professor on that occasion. 113. " It is stated in a publication, that on a certain occa- sion, when a liberal Lord Lieutenant visited the College, dinner and wine were given to the students ; and that, on Mr. O'Connell's health being drunk, the most violent political language was used, together with the most unwarrantable abuse of Protestantism, one of the professors, in the course of his speech, having laid it down as a maxim, not contrary to any laws, human or divine, that, ' while we should love those who do us good, we are at perfect liberty to hate those who injure us.' Are you acquainted in any way with the cir- cumstances there alluded to ? " I suppose an allusion is made to the occasion of Lord Normanby's visit, in the year, I think, 1836, on which occa- sion, I recollect, the students got wine in the evening. I was one of the students on the Dunboyne Establishment at the time. I was not present that evening at the entertainment, either because I was unwell, or from some other cause ; there- fore, I have no personal recollection of what is stated in that publication.'* No professor in the College capable of expressing such a sentiment. "But of this I am sure, that no professor at that time in the College, or now, would be capable of making such an abominable statement as that. I am quite sure of that. I am sure, on the other hand, that I never heard on any public 232 MISCELLANEOUS POINTS. occasion (of course people talk of Protestantism, that it is all wrong), but I never heard upon any public occasion, when the students were assembled together, any allusion whatever to Protestantism, or any bigotry of the kind stated. I do not recollect to have heard Mr. O'Connell's health proposed at any meeting of the students whilst I was a student. Since I have become a professor I have not had an opportunity of knowing whether it is proposed or not ; but if it were proposed, I should think it natural if the students gave him a hearty cheer as the great Emancipator." * Moral theology. Scavini. 114. " What is the house treatise at present that you make use of in lecturing on moral theology ? " The house treatise at present is chiefly taken from a short course written by an Italian Divine named Scavini." At p. 212, 150, the speech, as referred to by O'Callaghan, is brought under the notice of the Rev. E. F. WHITEHEAD, who replies, " I never heard words similar to those, and I believe such words were never uttered." 151. "It has been stated that those words were used by you. Did you make a speech on that occasion, when Mr. O'Connell's health -j- was proposed ? "I did. 1 52. " Your speech was not what some people, perhaps, would call a moderate one, was it ? " I would designate it so. I am under the impression that there was nothing immoderate in it. 153. " Do you think that the same speech might be made at the present day, with the feelings which exist at Maynooth, as you made then ? " That is my impression. I cannot answer for the precise words that were used it is seventeen years ago ; and I did a thing which I would not do now that is, I spoke in the presence of the students without any previous preparation. I was then only twenty-eight years of * Note subsequently added. A cheer for O'Connell in 1836 would have been for him as Emancipator. A cheer for him at a later period might have had a very different meaning. t Dr. G-affney says, p. 258, as well as he remembers, Dr. "Whitehead proposed Mr. O'Connell's health. MISCELLANEOUS POINTS. 233 age, and had rather too great confidence in my own powers of extemporaneous expression ; and, therefore, I cannot refer to any record, nor have I any means of bringing forward the precise words I uttered ; but I am confident I uttered no words either in tendency or in any way similar to those that have been attributed to me. .154. "Briefly, you would say that the words read would not in any respect give a fair representation of what you said on that occasion ? " That is my belief. I firmly believe that they are not a fair representation either of the language or the spirit of what I said on that occasion." The Doctor then states, 155, that it would have been the duty of the authorities to interfere, if such language had been used ; and 159, urges the improbability of his having used such language when the President was present. 163, cannot remember how long the festival lasted ; it was seventeen years ago. 165, thinks it began about five. 166, might have lasted an hour and a half, or so. 167, not till ten o'clock. 169, the night prayers should be at nine o'clock ; ten is the bed-hour. Never knew prayers omitted, nor hour deferred. P. 214, Q. 173, does not remember whether any one sang a song. Singing. 174. " There would have been nothing so totally contrary to the order of the College, as to have rendered it impossible for a professor to have sung a song on that occasion ? " I think it was not so contrary but that it might have happened. I recollect many years ago, when a student, that, on certain occasions, the professors used to come down and sit with the students, and sing." Cheering Mr. O'Connellin 1835. 175. " Do you remember an occasion, probably about the year 1835, when Mr. O'Connell, being on his way to Gal way, or somewhere to the West of Ireland, passing by Maynooth, some of the students collected on the top of a hay-stack, and cheered him ? " I remember hearing that some students did cheer him on 234 MISCELLANEOUS POINTS. his way, but whether it was on the top of a hay-stack, I do not know. 176. "Do you remember whether that circumstance was brought before the authorities of the College at the time, Dr. Montague being President at the time ? "I do not know. I had no care of the conduct of the students, and it might have been done without my hearing of it. I know nothing of the, matter." Dr. RENEHAN says, 241, 214, he remembers the visit of Lord Mulgrave and the entertainment, but he himself was not present. 215, Was then Vice-President. 218, If he had sung on that occasion, could not have forgotten it. " When formerly the professors visited the refectory on such festivities, they were wont to gratify the students by joining in their amusement, so far as, when invited, either to sing a song, or to compensate for not singing by some short address. I remember very well having been myself pressed to sing at a somewhat similar entertainment in the College, though the scene was less public, exciting, and impressive, on the occasion of Dr. Montague's appointment as President, and my appointment as Vice-President. It was by daylight in July, when most of the students had left College on vacation. Dr. Montague wished to compliment the few that still remained, by some little entertainment ; and to enhance the favour, wished to visit them during their enjoyment. He asked me, and I know not whether any body else, to accompany him. We went to the refectory for a few minutes. He briefly addressed the students, in acknowledgment of their congratulations and cheers. I was pressed, as the saying is, either to make a speech or sing a song ; I would have sung if I were able ; I attempted, how- ever, a song, but being embarrassed, and not Avell, I was not able to proceed beyond the middle of the first verse on the key on which I happened to begin, and there I relinquished the attempt. 219. " You recollect that song ? " Yes." As to duration of festival, the same witness says, in reply to Q. 230, p. 242 ; 230. " What was the usual time ? MISCELLANEOUS POINTS. 235 " Such feasts usually begin about five o'clock, and this, like all that I remember, must have terminated, I presume, before six, as relates to refreshments, and between seven and eight o'clock as regards the subsequent amusements." CPConnelfs health proposed. Speech made by a student named 0' Sullivan, who afterwards left the College. 232. " Did you hear at the time whether Mr. O'ConnelTs health was proposed or not ? " I do not remember ; but I have since heard some say that Mr. O'ConnelTs health was proposed, and others say that the health of Mr. O'Connell, or any other person, but the President and the professors who accompanied him to the hall, was not proposed, at least, while they were present ; and that it was only in reply to the toast of his own health that any of them spoke. After their departure, however, a young man, who did not intend to continue in Maynooth, took upon himself to address his fellow-students, at very great length, on topics connected with the College ; but whether or not he introduced any others, I could not, at this distance, of time, undertake to say. He was a young man who was not considered a desirable subject for the sacred ministry, and who retired, from College shortly after this transaction. 233. " Did he make a violent speech on that occasion ? " I did not hear him, and I cannot speak of what he said from personal recollection ; but I am under the impression that it was rather desultory and wild than violent. 234. " Was the young man, to whom you allude, named Hawkes ? " His name was 0' Sullivan." 235. " Do you recollect a student of the name of Hawkes being in the College ? "I do. Case of Hawkes. 236. " Was he, at any time while in the College, arrested for sedition? " I am confident that he was not, since I first knew him or took any special care of his concerns. But I remember to have heard, while I was Professor of Scriptures, that a junior student, named Hawkes, had been some weeks or months before made amenable for having been present, before he entered Maynooth, at a Meeting held near Cork to petition Parliament for relief from tithes, such Meetings 236 MISCELLANEOUS POINTS. having been then recently prohibited by the Lord Lieutenant. But I do not recollect to have then heard whether or not he was formally arrested, nor can I say whether such an offence, the only one laid to his charge, would or would not be, even technically, denominated sedition. 237. " Was he not bailed ? " I should suppose so ; but I cannot say I remember now what the details of the proceedings were probably I never knew them very minutely." Dr. GAFFNEY, p. 257, 260, recollects there was such a feast, and that Mr. O'Connell's health was proposed. Lord Mulgrave's visit feast in the College on the occasion. 258. " Do you recollect the occasion on which Lord Mul- grave visited the College ? " Yes, I do recollect his visit. 259. " And there being subsequently a feast ? " Wine was given to the students after dinner on that day. 260. " Do you remember any of the circumstances attend- ing it? Do you recollect anything about Mr. O'Connell's health being proposed ? " I am certain that Mr. O'Connell's health was proposed, but I have no idea of what was said. Wine was given ; and the students came to us all to ask us to go to the refectory. The superiors and professors went to the refectory. I went there. It was after dinner, as on Christmas-day and St. Patrick's-day. On that night several chairs were placed for us near the table of the Dunboyne students. The students proposed several healths. Mr. O'Connell's health was given, but I do not recollect what was said. 261. " Was Dr. Montague present at the time? " He was. 262. " He was then the President, was he not ? Yes. 263. " Do you recollect anything of a student named O'Sullivan taking any part ? " Yes ; he proposed the health of the professors. He was a very disorderly man. I do not know how he became chairman that night. He was refused orders at the end of the year, and left the College for ever, or, to speak more correctly, he was obliged to leave it. MISCELLANEOUS POINTS. 237 P. 258. 264. "Was the President present when the healths were proposed ? " He was that is, Dr. Montague. I do not think Dr. Renehan was there on that night. I am not certain whether he was or not. I do not recollect what was said. 265. " Do you happen to remember whether Mr. O'Sulli- van made a violent speech upon the occasion ? " No, he did not, to my knowledge. He merely proposed the healths of the different professors, as well as I can remember. I am certain that a violent speech from him would not have been tolerated. 266. " Was it some one else who proposed Mr. O'ConnelTs health ? "I think it was one of the professors who proposed Mr. O'Connell's health. This professor's health was given, and in returning thanks he proposed Mr. O'Connell's health. 267. " Do you remember who that professor was ? "I think it was Dr. Whitehead, as well as I re- member." Says, 277, "The feast was not kept up till eleven o'clock. The students were all at night prayer with me at nine o'clock, and all were in bed at ten o'clock." Now, as regards the Mulgrave festival, the gravamen of the charge seems to be this viz., that Dr. Whitehead on that occasion made a certain speech, as set out in the evidence of Mr. O'Callaghan. Great attempts have been made to invalidate the testimony of this gentleman, and there is some discrepancy, it will have been seen, between his statement and those made by the Professors as to the hour at which the festival termi- nated, &c. Mr. O'Callaghan, speaking of what had taken place seven- teen years before, thinks the festivity lasted till eleven or twelve ; does not remember precisely ; but the usual hour of retiring was ten o'clock, and he cannot say positively whether it was extended later, but adds," To the best of my belief, it was. There was a great departure from the usual order that day." (38.)* * The witness stated that Dr. Renehan was present, and sang a song. The Doctor states he was not present. See ante, p. 234. 238 MISCELLANEOUS POINTS. Others think it was over much earlier. The dinner-hour being three ; they were about half an hour in the refectory ; then retired a little while, and returned to it about half-past five, to take the wine given them on that occasion. They had three bottles of wine for each mess of eight persons, the usual quantity given them on St. Patrick's-day and Christ- mas-day. ( Very Rev. M. Gqffney, P. II., p. 258, q. 273.) Same witness is confident all left the refectory before nine o'clock. Dr. TVTiitehead cannot say how long it lasted. It was seventeen years ago. Thinks it could not have lasted till ten o'clock, as everything must be over by eight for supper.' But all agree in this that the festival took place ; that the Rev. Doctor was present, and made a speech. He him- self admits this, and that he spoke on the occasion, the sub- ject of his speech being the great emancipator, Mr. O'Connell, whose health was proposed as a toast. Dr. Gaffney says that Dr. Whitehead's health having been given, he, in re- turning thanks, proposed the health of Mr. O'Connell, as far as he remembers. Dr. Whitehead says he believes such words as those attributed to him were not made use of. He never heard them. Thinks he might make a similar speech now as he then made ; but it was seventeen years ago. He was then only twenty-eight, and he spoke without any pre- vious preparation, but is certain he uttered no words of the tendency of those attributed to him. (P. 213, 153.) Mr. O'Callaghan says he gives, as near as he can, the ipsissima verba certainly the substance of what was said (18), and that he and his fellow-students often repeated the same when walking together, as they thought the sentence sounded so well ; they even got the words of the sentence off by heart, "as it was one," he adds, "with which we all sympathized. We thought, as some said, it would be of use to us afterwards." (47.) CHAPTER X. SOME PRACTICAL REMARKS OFFERED. To the foregoing quotations a great many more might with equal appropriateness have been added, if it were not for the apprehension that, by increasing the size of the Digest, I might diminish the number of its readers. The enquiry has turned out to be, what, perhaps, it was intended to be, " a mockery, a delusion, and a snare," calcu- lated to blind the country, and render service to the cause of Rome. The Prime Minister of the day* was known to have con- tended, that the public knew the grant was made to a Roman Catholic College for the express purpose of teaching the religion of Roman Catholics, and that therefore, provided the College properly did that, and no more, there could be no just or reasonable grounds for any legislative interference to discontinue the grant. It was, however, the conviction of Protestants, one often and strongly expressed, that no result at which such Commission might arrive could remove the force of their objections. They protest against Popery as false in its theology and idolatrous in its worship. They see its practical working is to make the priesthood tyrants, and the people slaves. Universal supremacy is its object. Its spiritual influence is directed to forge chains and fetters for the souls, no less than for the bodies, of men. It obtrusively intermeddles with the affairs of nations, and * Lord Aberdeen. 240 PRACTICAL REMARKS. seeks to reduce monarchies, republics, aristocracies, to servile obedience or to ruin. The Commissioners, however, sat. Two folio volumes are filled with proofs of the industry, if not the dis- cretion, of the Commissioners. Vol. II. alone contains more than 6,000 questions and answers, involving the Com- missioners, no doubt, oftentimes in much perplexity. In- deed, they or, at least, some of them, it would appear found themselves much more in the hands of the professors than the professors found themselves in the hands of the Commissioners ; and the professors, there is reason to believe, found themselves much more in the hands of the Papal Legate and the Papal Court than was agreeable to them or satisfactory to us. But so it ever has been with Popery. There is wheel within wheel. Everything eccle- siastical, political, national, domestic, is made to revolve around one centre, and that centre is Rome. The extracts given in the Digest may be taken as a sample of the whole. Into the contents of the books used in the College, it was not within the scope of my Digest generally to enter ; some few references have, however, been given. On the subject of the Confessional, I have left unsaid much which might have been said, and truly said, if quota- tions had been given from Ligouri and others. But a sense of propriety forbids obtruding before the public, in a volume intended for general circulation, the impurities involved in the practical development of the vicious theory of auricular confession. The debate on Mr. Spooner's Motion in the House of Commons was before me, in the course of which he refers to a publication of the nature and contents of which I know nothing but from his statement, but which, according to such statement, had excited the almost universal and unmitigated disgust of the House of Commons. There was before me, too, the opinion of a Roman Catholic paper intimating, in words not to be misunderstood, that PRACTICAL REMARKS. 241 those who brought before the public the contents of books on such subjects were vitiating the public mind equally as the vendors of immoral publications who have been prosecuted by the Society for the Suppression of Vice. What a comment this upon the contents of their works on moral theology ! There were also before me extracts from St. Alphonsus Ligouri, one of the writers referred to by various witnesses who gave evidence under the Commission ; and, prefixed to those "extracts translated from the moral theology of the above Romish saint, who was canonized in the year 1839," I find, immediately preceding the table of contents, a certificate, which amply justifies me in my assertion as to the impurity of the subject, and in the propriety of not giving, in a work like this, the quotations which might be given. That certificate is signed by two men, each of whom is remarkable for learning, and one of whom combines with his deep theological acquirements a popularity as a preacher, author, orator, which, whether in ancient or modern times, has rarely been equalled, perhaps never surpassed. May he abound more and more in gifts and graces, to the glory of his Lord and Saviour Jesus Christ ! The document referred to has the merit of brevity. It is as follows : " Certificate. "We, the undersigned, beg to state that the Latin not translated in this volume, especially that on the Confessional, is unfit for Protestant eyes or ears, and must therefore be left in its original. " JOHN GUMMING, " THOMAS HARTWELL HORNE." Nothing, perhaps, can so vividly and clearly set before the mind the evils which Romanists know to follow from the evils of the Confessional, as the saying of Liguori, given in Dr. Butler's reply to the third of the three following questions. R 242 PRACTICAL REMARKS. It comes under the heading of Instructions as to mode of dealing with female penitents. 156. " Were any peculiar instructions given to you as to the mode of dealing with female penitents, as to the delicacy with which inquiries were to be conducted ? " I never heard any importance attached to it ; that is to say, it was so explained in such a delicate manner j in fact, we were very glad to get over the subject. It was not so elaborately looked into as it is represented. There are very severe and very wholesome admonitions ; and if a clergyman stands to them, he has cautions enough given to him when hearing the confessions of female penitents. 157. " He is not to provoke curiosity ? " No ; in fact, it is a disputed question among canonists whether you are to ask any questions at all. A great many clergymen do not, except they see a person to be grossly ignorant of the sins they are committing, and they deem it necessary, especially when it is about the sixth precept. 158. " Caution was inculcated upon that subject ? " Yes ; there is that celebrated saying of Ligouri, that more priests have been damned from hearing confessions than any- thing else" The evil principles of Popery, and the downward tendency of its influence, are becoming more known. But the right view to take of this and of all similar ques- tions is, to regard the nation as responsible to the God of nations, and to consider their tendency to promote the glory -of Almighty God, and his truth. Nothing inconsistent there- with can ever be for the real and lasting benefit of men or nations. " * What is truth ?' said jesting Pilate, and would not stay for an answer," is the opening sentence of one of Lord Bacon's short, lucid, and important essays. The same question is often asked now, and that, too, with a similar result. Indeed, admitting that there is sometimes an obliquity of moral or mental vision which prevents men from seeing clearly the truth ; is it not also to be feared that there is oftentimes a moral cowardice on the part of PRACTICAL REMARKS. 243 some who are not wanting in intellectual and moral per- ception and appreciation of what is right, but who, from fear of consequences, abstain from doing it ? Are there not those who, as one of our poets has expressed it, " Think, but think lightly ; ask, but fear to know. Ask what is truth with Pilate, and retire, Dissolve the Court, and mingle with the throng, Asylum sad from reason, hope, and heaven ? " What is truth? Protestants reply, God's "Word is truth."* "Holy Scripture containeth all things necessary to salvation," -j- and they charge Popery with having added tradition to the written Word. Romanists reply, their Church is the pillar and ground of truth j that tradition justly forms part of the rule of faith, and that of this rule the Roman Church is the infallible interpreter. Con- sistently with their assertion and belief, they call upon all to give implicit allegiance to that Church, and to rest their soul's salvation upon the reception of what she terms Christian verity. Between these two systems there is a direct opposition. They cannot be reconciled. One or the other will, sooner or later, be destroyed. Each claims immortality for itself. Romanists believe Protestantism to be heresy, and destined, like all heresies, to fade away before the light of true religion, meaning thereby the Papacy. Protestants believe the Papacy so to have departed from primitive scriptural Christianity, from the spirit of the Gospel of Christ Jesus, the only but all-sufficient Saviour of sinners, that they feel constrained to speak of it as an unscriptural, an Antichristian system. They regard it, further, as intermeddling with- out lawful authority in the affairs of individuals, families, nations ; with the light of prophecy before them they regard it as the lawless one the Mystical Babylon spoken of in apocalyptic vision, to be overthrown by signal judgments, * John xvii. 17. t Article vi. of the Church of England. R 2 244 PRACTICAL REMARKS. to be cons imed by the breath of the Lord's mouth, and destroyed by the brightness of his coming. Popery, con- sistently with the theory on which it proceeds, makes no concessions to Protestants. Protestantism, inconsistently with its theory, its principles, and its interests, unwisely makes concessions to Rome. We require that an end be put to this inconsistency on the part of Protestants. If Popery be true, why is so little done for her? If false, why anything at all? Sooner or later we mn st expect either Protestant ascendancy or Eomish ascendancy. To this e ul matters seem rapidly tending. Very unsound, then, is the policy of those statesmen who would ignore the claims of Protestantism to be paramount in the policy and legislation < f this country, this great, because Protestant, country. APPENDIX. APPENDIX A. ACT OF INCORPORATION,* INTITULED, " An Act for the better Education of Persons professing the Popish or Roman Catholic Eeligion.f (35 Geo. III., c. 21.) " [Friday, June 5, 1795, Koyal assent given.] " JOHN GAYER, D. Cler. Parl." Trustees to receive Subscriptions and to acquire lands not exceeding 1,000 per annum. Section 1 recites that ' by the laws now in force in this kingdom, it is not lawful to endow any college or seminary for the education exclusively of persons professing the Roman Catholic religion, and it is now become expedient that a seminary should be established for that purpose ; ' and enacts that the persons thereby named, ' and the persons to be hereafter elected, as by this Act is directed, shall be trustees for the purpose of establishing, en- dowing, and maintaining one academy for the education only of persons professing the Iloman Catholic religion ; and t hat the said Trustees shall have full power and authority to receive subscrip- tions and donations to enable them to establish and endow an academy for the education of persons professing the Roman Catholic religion, and to purchase and acquire lands not exceeding the annual value of 1,00(W., and to erect and maintain all such buildings as may be by the said Trustees deemed necessary for the lodging and accommodation of the President, Masters, Professors, Fellows, and Students who shall from time to time be admitted into or reside in such academy.' " Popish ecclesiastics may officiate. 2. " And be it enacted, That it shall and may be lawful for any Popish ecclesiastic to officiate in a chapel or building, to be ap- pointed for that purpose by the said Trustees, or any seven or more of them ; any law, statute, or provision to the contrary notwith- standing." *-On referring to the Irish Statutes, Eel. 1797 ( Vol. XVII., p. 5)1, in the Inner Temple Library, I find that these four words are not part of the title as given in the statute-book. Maynooth College was incorporated in 1845 by the Act of Sir Robert Peel. f Irish Act. 246 APPENDIX. Trustees, President, Masters, Fellows, Professors, fyc. 3. " And be it further enacted, That it shall and may be lawful for the said Trustees, or any seven or more of them, to appoint one President, and so many Masters, Fellows, Professors, and Scholars on the foundation, and ministers, servants, and assistants of and in the said academy, with such pensions, salaries, exhibitions, wages, and allowances as to them shall seem fit ; and also to make such bye- laws, rules, regulations, and statutes for the government of the said academy, and for the education and government of all such persons to be on the foundation thereof, or to be educated therein, and for the appointment and election of a President, Masters, Fellows, members and officers of the said academy, as to the Trustees, or any seven or more of them, shall seem meet ; provided that the same shall not be contrary to law." Bye-laws, not affecting religious discipline, to be laid before Lord-Lieutenant, fyc. 4. "Provided always, That all such bye-laws, rules, regulations, and statutes not affecting the exercise of the Popish or Roman Catholic religion, and the religious discipline thereof, be laid before the lord-lieutenant or chief governor of this kingdom, and ahall be binding and valid, unless such lord-lieutenant or chief governor shall disapprove thereof in one month from the time when such bye-laws shall be laid before such lord-lieutenant or other chief governor respectively." Trustees to have visitor ial power. 5. " And be it further enacted, That the said Trustees, or any seven or more of them, shall have the superintendence and visitorial power over the said academy, and over all persons on the foundation, or educated therein." Meetings of Trustees. 6. " And be it enacted, That the said Trustees shall and may assemble within one month after the passing of this Act, at such time and place as shall be appointed by any seven or more of said Trustees, by writing under their hands, and shall at such their first meeting make such rules and regulations for their assembling in future as to them shall seem expedient ; and that the acts of the Trustees so assembled at the said first meeting, or the major part of them, and of the Trustees to be duly assembled at any future meeting, or the major part of them, shall be binding on and be deemed the act of all the said Trustees." When Trustees die, fyc., others shall be elected, being natural 7. " And be it enacted, That so often as a vacancy shall happen by the death, removal, or resignation of the said Trustees or any of APPENDIX. 247 them (save the said Chancellor or Lord Keeper, Chief Justices, and Chief Baron of the said courts), the said Trustees shall at their meeting elect a person, being a natural-born subject of His Ma- jesty, to fill such vacancy." No Roman Catholic shall act as Trustee, President, Master, fyc., or be admitted as student or servant, until he takes the oath appointed by 13 and 14 Geo. III. 8. " Provided always, and be it enacted, That no person profess- ing the Roman Catholic religion shall act as a Trustee to the said academy, and that no person shall act as a President of the said academy, and that no person shall act as a Master, Fellow, Pro- fessor, Teacher, or Tutor, or enjoy any place on the foundation of the said academy, or be otherwise admitted into the same as a student, officer, or servant, until he shall have taken and subscribed the oath appointed by the Act passed in the thirteenth and four- teenth years of His Majesty's reign, intituled, 'An Act to enable His Majesty's subjects of whatever persuasion, to testify their alle- giance to him.' " Protestants, or sons of Protestant fathers, not to be received ; penalties to be suffered by any person who instructs a Protestant in said academy. 9. " Provided always, That it shall not be lawful to receive into, or educate, or instruct in the said academy, any person professing the Protestant religion, or whose father professed the Protestant religion ; and that any president, master, professor, or teacher, who shall instruct any person in the said academy, professing the Pro- testant religion, shall remain liable to such pains and penalties, as he would have been liable to, before the passing of this Act." By an Act of this session, 2,449,600Z. 16s. 9$d. is granted for the year 1795 ; 8,000/. may be issued from the Treasury, towards establishing said academy. 10. "And whereas by an Act of Parliament, passed this session of Parliament, intituled, ' An Act for securing the payment of the Annuities, and of the interest upon the principal sums therein pro- vided for, and towards the discharge of such principal sums in such manner as therein is directed, and for enabling the officers of His Majesty's Treasury to receive certain sums for a limited time, in manner therein mentioned, and for granting to His Majesty a certain sum of money out of the Consolidated Fund, and for apply- ing a certain sum of money therein mentioned, for the service of the year 1795,' a sum not exceeding 2,449,6GOZ. 16s... 9jrf. is granted to His Majesty for the service of the present year : Be it enacted, That any sum or sums of money, not exceeding eight thousand pounds, part of the said sum of 2,449,600?. 16s. 9\d., shall and may be issued and paid by the Commissioners of His 248 APPENDIX. Majesty's Treasury, or any three or more of them, towards estab- lishing the said academy." Sums issued on said account to be paid to Trustees, and accounted for before Commissioners of Imprest Accounts. 11. " And be it enacted, That all sum ami sums of money, from time to time issued and paid out of His Majesty's Treasury, on account of the said sum of eight thousand pounds, shall be paid to the Trustees by this Act constituted, or to any seven or more of them, and shall be accounted for before the Commissioners of Im- prest Accounts." APPENDIX B. " AJN ACT for the better Government of the Seminary esta- blished at Maynooth, for the Education of Persons pro- fessing the Roman Catholic Religion, and for amending the Laws now in force respecting the said Seminary. (40 Geo. III., c. 85.)* " [Friday, August 1, 1800, Royal assent given.] " JOHN GAYER, D. Cler. Parl." Since passing the Act of 35 Geo. III., for education of Roman Catholics, a College was establisJied at Maynooth. " Whereas an Act passed in the thirty-fifth year of the reign of his present Majesty, intituled, ' An Act for the better Education of Persons professing the Popish or Roman Catholic Religion,' and since the passing the said Act a college or seminary has been esta- blished at Maynooth, in the county of Kildare, for the education of persons professing the Popish or Roman Catholic religion, and large sums of money have been granted to the Trustees named in the said Act, to enable them to improve and extend the said Insti- tution; and it is therefore become necessary to make further provi- sion for the good government of the said college or seminary : Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, aad Commons, in this present Parliament assembled, and by the authority of the same, That the Lord Chancellor, or Lord Keeper of the Great Seal of Ireland for the time being, the Lord Chief Justice of His Majesty's Court of King's Bench in Ireland for the time being, the Lord Chief Justice of His Majesty's Court of Common. Pleas in Ireland for the time being, the Chancellor of the Exchequer, and the Lord Chief Baron of His Majesty's Court of Exchequer in Ireland for the time being, and their successors in * Irish Act. APPENDIX. 249 the said offices respectively, together with Arthur James Earl of Fingall, the Reverend Richard O'Reilly, of Drogheda, Doctor in Divinity, and the Reverend John Thomas Troy, of the city of Dublin, Doctor in Divinity, shall be and they are hereby nominated and appointed Visitors of the said college or seminary, with full visitorial powers to superintend the same." Triennial Visitations to be made by Visitors, fyc. 2. " And be it further enacted, That the said Visitors, or any three or more of them, shall once in every three years from the passing of this Act, visit the said college or seminary, and call before them the President, Vice-President, professors, tutors, and all other members thereof, and the officers and servants of the said college or seminary, and diligently inquire into the government and management of the said college or seminary, and, if necessary, examine on oath every member thereof, in all matters touching the management, government, and discipline of the same, or any viola- tion of the statutes or ordinances which have been or shall be made for the admission of any member of the said college or seminary, or for the government or discipline of the same ; and that the first visitation of the said college shall be held as aforesaid, within twelve months after the passing this Act." Additional Visitations. Visitors not to ajfect the exercise of the Roman Catholic religion, save as hereafter. 3. " And be it further enacted, That in addition to such triennial or ordinary visitation, the said Visitors, or any three of them, shall in like manner visit the said college whensoever and so often as they shall be thereunto required by the Lord-Lieutenant or other chief Governor or Governors of Ireland for the time being, by warrant or order signed by him or them : Provided always, and be it enacted, That the authority of the said Visitors shall not extend to or in any manner affect the exercise of the Roman Catholic religion, or the religious doctrine or discipline thereof within the said college or seminary, otherwise than as hereinafter is provided ; and that in visiting the said college or seminary, the said Visitors shall judge and determine according to such bye-laws, rules, and regulations, as have been or shall be made for the government and discipline thereof, pursuant to the provisions of the said recited Act, or of this Act respectively." Lord CJiancellor, $c., cease to be Trustees for carrying recited Act into execution. 4. " And be it enacted, That from and after the passing of this Act, the Lord Chancellor or Lord Keeper of the Great Seal, the Lord Chief Justice of the Court of King's Bench, the Lord Chief Justice of the Court of Common Pleas, the Chancellor of the Exchequer, and the Lord Chief Baron of the Court of Exchequer, shall cease to be Trustees for carrying the said recited Act into 250 APPENDIX. execution, and that their successors in the said offices respectively shall not hereafter be Trustees by virtue of the said recited Act for carrying it into execution, and the other persons named in the said Act in that behalf, or such other persons as have been elected, or hereafter shall be elected to fill any vacancy occasioned by the death, removal, or resignation of any such persons respectively, shall continue Trustees for the execution of the said recited Act, as fully and effectually, to all intents and purposes, as if this Act had not been enacted." So much of recited Act as grants visitorial powers to Trustees 5. " And be it further enacted, That so much of the said recited Act as enacts, That the Trustees therein named, or any seven or more of them, shall have visitorial power over the said academy or college, and over all persons on the foundation or educated therein, shall be and the same is hereby repealed." President to be approved of by Lord-Lieutenant, and to take the following oath. 6. " And be it further enacted, That any person who has been or shall be elected President of the said college or seminary, pur- suant to the provisions of the said Act, shall, before he shall be capable of continuing or exercising his said office, be approved by the Lord-Lieutenant or other Chief Governor or Governors of Ireland for the time being, and shall some time in the first term which shall follow such his election and approbation, or if now elected, which shall follow such approbation, publicly make and subscribe the following oath in the High Court of Chancery that is to say : President's Oath. "'I having been elected and approved as President of the Roman Catholic College or Seminary of My- nooth, do swear, that I will diligently, faithfully, and conscien- tiously execute the said office to the best of my skill and judgment, and that I will so far as in me lies enforce a due observance of the bye-laws, rules, and statutes made for the government and dis- cipline thereof ; and that I will bear faithful and true allegiance, and to my utmost endeavours inculcate the duties of faithful and true allegiance to his Majesty King George the Third and his successors, in every member of the said College or Seminary. So help me God."' Bye-Laws to be approved of by Lord-Lieutenant, Sfc. 7. " And be it further enacted, that all bye-laws, rules, regula- tions, and statutes, which have been heretofore made for the government and discipline of the said College or Seminary, and all bye-laws, rules, and regulations hereafter to be made for the government and discipline of the same, shall, in order to give them APPENDIX. 251 validity, be approved by the Lord-Lieutenant or other Chief Governor or Governors of Ireland for the time being ; and that all such bye-laws, rules, and regulations, shall be fairly transcribed on parchment, signed by the President of the said College, and Secretary of the said Board of Trustees for the time being, and lodged from time to time in the office of the Chief Secretary of the Lord-Lieutenant or other Chief Governor or Governors in Ireland : provided always, that all such bye-laws, rules, regulations, and statutes hereafter to be made, shall be binding and valid unless such Lord-Lieutenant or other Chief Governor or Governors shall disapprove thereof, in one month from the time such bye-laws shall be laid before such Lord-Lieutenant or other Chief Governor or Governors respectively; and that until such disapprobation shall have been expressed, all such bye-laws, rules, regulations, and statutes already made shall be deemed valid and of full force." Not to extend to bye-laws affecting the Roman Catholic religion. 8. " And be it enacted, that nothing herein contained shall extend, or be construed to extend to any bye-laws, rules, and regulations affecting the exercise of the Roman Catholic religion, or the doctrine or discipline or worship thereof, within the said College or Seminary." Visitorial powers in matters relating to religion. 9. " And be it further enacted, that in all matters which relate to the exercise, doctrine, and discipline of the Roman Catholic religion, the visitorial power over said College shall be exercised exclusively by such of the said visitors as are or shall be of the Roman Catholic religion, in the presence of the Lord Chancellor, or Lord Keeper of the Great Seal, and of the three Chief Judges, and the Chancellor of the Exchequer, if they, or any of them, shall think proper to attend." Election of Roman Catholic visitors. 10. " And be it enacted, That on the death or resignation of the said Arthur Earl of Fingall, the said Reverend Richard O'Reilly, and the said Reverend John Thomas Troy, or any of them, the Trustees for carrying the said recited Act into execution, or any seven or more of them, shall, at their first meeting after such vacancy as aforesaid, elect a fit and proper person, being of the Roman Catholic religion, and a natural-born subject of his Majesty, to succeed to the office of a visitor, whenever it shall be so vacant, and shall return the name of the person so elected, to the Lord- Lieutenant, or other Chief Governor or Governors of Ireland for the time being, within ten days from such election, for his or their approbation; and such person, if approved of by such Lord- Lieutenant, or other Chief Governor or Governors, shall immedi- ately become one of the visitors of the said College; but if he shall not be so approved in one month after his being so returned, then 252 APPENDIX* and in every such case the said Trustees, or any seven or more of them, shall in like manner proceed to elect and return a fit and proper person to succeed to the said office in like manner; subject to such approbation as aforesaid, and so on as often, from time to time, as such vacancy shall happen, by the death or resignation of any of the persons so to be elected in the place of any of them the said Arthur James Earl of Fingall, the said Richard O'Reilly, or the said John Thomas Troy, so as that there shall be a continual succession of three fit and proper persons professing the Roman Catholic religion, as visitors of the said College." Trustees may sue and be sued in the name of their Secretary. 11. '' And be it further enacted, That it shall and may be lawful for the said Trustees to sue and be sued, either at law or in equity, by and in the name of their Secretary ; and that in any suit to be instituted against the said Trustees, in any court of law or equity, touching the said College or Seminary, or any estate, real or personal, claimed by the said Trustees in right of their said trust, it shall and may be sufficient to serve their Secretary with the process, or any other order of such court." APPENDIX C. "Ai? ACT to amend two Acts passed in Ireland for the better Education of Persons professing the Roman Catholic Religion, and for the better Government of the Seminary established at Maynooth, for the Education of such persons, so far as relates to the purchase of Lands and compounding Suits^ (48 Geo. III., c. 145.)" [25th June, 1808.] After reciting former Acts, sect. 1, gives power to the Trustees of Maynooth Seminary to compromise suits, &c. The three re* maining sections are as follow : Power for the Trustees to purchase lands, fyc. 2. " And be it further enacted, That it shall and may be lawful to and for the Trustees for the time being, of the said College or Academy, or apy seven or more of them, to yntr chase or acquire lands, not exceeding in value the annual sum of one thousand pounds, exclusive of {he value of lands and yiremiscs held under the before*- mentioned lease, from William Robert late Duke of Lcinster, and the buildings erected thereon, or hereafter to be erected and used for the purposes of the said College or Academy." APPENDIX. 253 For explaining the power of the said Acts, as to purchase of lands, Sfc. 3. " Provided always, and be it hereby further enacted, That any lands, tenements, or hereditaments already pur chased or acquired under or by virtue of the power for that purpose given to the said Trustees, or any seven or more of them, in and by the said herein- before first recited Act, shall be deemed part of the lands tvhich they are so authorized to purcliase or acquire as aforesaid ; and that no more lands, tenements, or hereditaments shall be purchased or acquired by the said Trustees, or any seven or more of them, than what together with any lands already purchased or acquired by them, would amount to the annual value of one thousand pounds, any thing hereinbefore contained to tiie contrary in anywise notwith- standing." Act may be given in evidence when printed by King's printer. 4. " And be it further enacted, That this Act shall be printed by the printer to the King's Most Excellent Majesty, and a copy thereof so printed shall be admitted as evidence thereof by all Judges, Justices, and others." APPENDIX D. " AN Act to amend two Acts passed in Ireland for the better Education of Persons professing the Roman Catholic Religion, and for the better Government of the College established at Maynootli for the Education of such Persons, and also an Act passed in the Parliament of the United Kingdom for amending the said two Acts. (8 and 9 Victoria, c. 25.)" [30th June, 1845.] Trustees of the College of Maynooth incorporated. Section 1, after reciting former Acts, proceeds to enact, " That the Trustees of the said College or Seminary, and their Successors for ever, shall be one body politic and corporate by the name of ' The Trustees of the College of Maynooth, and by that name shall have perpetual succession and a common seal, and by that name shall and may sue and be sued, and shall have and possess the several powers and authorities vested in the said Trustees under the said recited Acts." Section 2 enacts, " That the said body politic and corporate, and their successors," may take and possess any personal property, and 254 APPENDIX. also lands not exceeding the annual value of 3,000. exclusive of the property already acquired by the Trustees. Section 3 enacts, " That all lands, tenements, or hereditaments" now possessed by the Trustees of Maynooth College shall vest in the said body politic and corporate. Provision made for salaries of the President, Vice-President, officers, and professors, and for an increased number of professors. 4. " ' And whereas it is expedient that provision should be made for the payment of the salaries of the President, Vice-President, officers, and professors of the said College, and for the expense of commons, attendance, and other necessaries to be supplied to and for their use, and that the number of professors therein should be increased;' be it therefore enacted, That from and after the passing of this Act there shall be paid and payable to the said body politic and corporate, for the purposes aforesaid, any sum or sums of money, not exceeding in the whole the annual sum of six thousand pounds." Provision for the Senior Students on the Duriboyne establishment. 5. " ' And whereas by the Statutes of the said College there has been established therein an order of students called ' Senior Students,' amounting to twenty in number, to whose exclusive benefit has been applied the annual revenue arising from the Bequest of Baron Duriboyne, in such statutes mentioned, together with a further yearly sum of seven hundred pounds out of the annual Parliamentary Grant made to the said College : and whereas it is expedient that the provision for the said senior students on the Duriboyne establishment should be augmented ;' be it therefore enacted, That from and after the passing of this Act, so long as the annual revenue arising from the said Bequest of Baron Duriboyne shall be applied to the exclusive benefit of the said twenty senior students, there snail be paid and payable to the said body politic and corporate, for the said twenty senior students, the annual sums for that purpose specified in the Schedule (A.) to this Act annexed." Provision made for 500 free students, 250 in the three senior classes, and 250 in the four junior classes. 6. " 'And whereas there are three senior and four junior classes in the said College, and two hundred and fifty free students on the establishment, maintained and educated out of the annual Parlia- mentary Grant made to the said College : and whereas it is expedient that provision should be made for an additional number of free students ; (that is to say,) for two hundred and fifty free students in the said three senior classes, and two hundred and fifty free students in the said four junior classes ; ' be it therefore enacted, That from and after the passing of this Act there shall be paid and payable to the said body politic and corporate, for each APPENDIX. 255 of the said two hundred and fifty free students in the said three senior classes, the annual sums for that purpose specified in the Schedule (A.) to this Act annexed." Provision for the expense of commons and other necessaries. 7. " And be it enacted, That in order to provide for the expense of commons, attendance, and other necessaries to be supplied to and for the use of the said senior students on the Dunboyne establishment, and to and for the use of the said five hundred free students, there shall be paid and payable to the said body politic and corporate, for the purposes aforesaid, any sum or sums of money not exceeding in the whole the annual sum of twenty-eight pounds for each such student." Commissioners of Public Works to be Commissioners for repairs to Maynooth College, and for the erection of additional luildings, and furnishing same. 8. " ' And whereas the buildings for the public purposes of the said College, and for the lodging and accommodation of the professors and students, are inadequate and insufficient and out of repair, and it is expedient that provision should be made for the erection of additional buildings for the purposes aforesaid, and that the present buildings should be put into sufficient repair, and that said buildings, together with the additions to be made thereto, should from time to time be kept in repair and provided with sufficient and necessary furniture ; ' be it therefore enacted, That the Commissioners of Public Works in Ireland for the time being shall be and they are hereby constituted Commissioners for the purpose of purchasing, renting, or providing, as hereinafter mentioned, any houses, buildings, lands, tenements, or heredita- ments that may be necessary for the said College and the purposes aforesaid, and for erecting thereon suitable and necessary buildings and improvements, and^or enlarging, improving, upholding, main- taining, repairing, fitting up, and furnishing from time to time the said College and the buildings and premises occupied therewith." Power to Commissioners of Public Works to purchase or provide necessary buildings, lands, fyc. 9. " And be it enacted, That in order to enable the said Com- missioners of Public Works in Ireland to purchase and provide the buildings, lands, tenements, or hereditaments which may be required for the said College, and the additions to be made thereto, it shall and may be lawful for the said Commissioners, at the request of the said body politic and corporate, andjby and with the consent and approbation in writing of the Commissioners of Her Majesty's Treasury, to contract and agree with any person or persons, or body or bodies corporate or politic, for the purchase or renting of any buildings, lands, tenements, or hereditaments required for such College, and in order to make the necessary 256 APPENDIX. additions thereto, and also for the purchase of any subsisting leases, terms, estates, or interests therein or charges thereon ; and the said buildings, lands, tenements, or hereditaments so contracted and agreed for, shall be conveyed, assigned or demised to the said Trustees of the College of Maynooth incorporated by this Act." The expense of buildings, fyc., for such College, not exceeding 30,000/., to be paid out of the Consolidated Fund. 10. "And be it enacted, That all and every the expense of purchasing or providing the houses, buildings, lands, tenements, or hereditaments necessary for the said College under the provisions of this Act, and of erecting the necessary buildings for the same, and of putting the said College into repair, and of fitting up and furnishing the same and the buildings so to be erected, not exceed- ing in the whole the sum of thirty thousand pounds, shall be discharged and paid by the Commissioners of Her Majesty's Treasury out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland." Sums payable by this Act to be charged on the Consolidated Fund. 11. " And be it .enacted, That the several sums payable by this Act and the Schedule thereto annexed shall be charged upon and payable by the Commissioners of Her Majesty's Treasury out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland." Audit of the expenditure under this Act. 12. " And be it enacted, That the accounts of the receipt and ex- penditure of all monies paid under the provisions of this Act shall once in each year be forwarded to the Commissioners of Her Ma- jesty's Treasury by the said body politic and corporate incorporated by this Act, and shall be by the .said Commissioners referred for audit to such person or persons as the said Commissioners shall from time to time in that behalf appoint ; and that the said person or persons so appointed shall thereupon proceed to the examina- tion, audit, and discharge of the said accounts, at such time and in such manner as the said Commissioners shall direct, and shall for that purpose have and exercise all the powers and authorities now possessed by the Commissioners for auditing public accounts by virtue of any Act or Acts now in force." So much of the recited Acts as appoints the persons herein mentioned to be visitors of the College repealed. 13. " ' And whereas it was enacted by the said Act secondly above recited, that the Lord Chancellor or Lord Keeper of the Great Seal of Ireland for the tirife being, the Lord Chief Justice of his Majesty's Court of King's Bench in Ireland for the time being, the Lord Chief Justice of his Majesty's Court of Common Pleas in Ireland for the time being, the Chancellor of the Exchequer and the Lord Chief APPEKD1X. 257 Baron of his Majesty's Court of Exchequer in Ireland for the time being, and their successors in the said offices respectively, toge- ther with certain other persons in the said Act named, should be and they were thereby nominated and appointed visitors of the said College or seminary, with full visitorial powers to superintend the same ; ' be it enacted, That from and after the passing of this Act so much of the said recited Acts as enact that the Lord Chancellor or Lord Keeper of the Great Seal, the Lord Chief Justice of the Court of King's Bench, the Lord Chief Justice of the Court of Common Pleas, the Chancellor of the Exchequer, and the Lord Chief Baron of the Exchequer, and their successors in the said offices respectively, shall have visitorial power over the said academy or College, and over all persons on the foundation or educated therein, shall be and the same is hereby repealed." Appointment of visitors of the College. 14. " And be it enacted, that the other visitors in being at the time of the passing of this Act, or such other persons as shall here- after be elected to fill any vacancy on the death or resignation of such visitors, according to the provisions of the Act hereinbefore secondly recited, together with such other five persons as Her Ma- jesty shall by warrant under the sign manual from time to time nominate and appoint, shall be hereafter the visitors of the said Col- lege and corporation." Visitations to be held once in the year. 15. " ' And whereas by the said Act hereinbefore secondly recited, it is amongst other things enacted, that the visitors in the said Act mentioned, or any three or more of them, should once in every three years from the passing of the said Act visit the said College or seminary, and call before them the President, Vice-President, pro- fessors, tutors, and all other members thereof, and the officers and servants of the said College or Seminary, and diligently inquire into the government and management of the said College or Seminary, and, if necessary, examine on oath every member thereof in all matters touching the management, government, and discipline of the same, or any violation of the statutes or ordinances which had been or should be made for the admission of any member of the said College or Seminary, or for the government or discipline of the same ; and that the first visitation of the said College should be held as aforesaid within twelve months after the passing of the said Act ; and whereas it is expedient that, instead of triennial visitations by the said last-recited Act appointed, visitations should be held not less than once in each year therein ;' be it therefore enacted, That the visitors by this Act appointed, or any three or more of them, shall once in every year from the passing of this Act visit the said College or Seminary, and inquire in manner aforesaid into the management, government, and discipline of the same, and shall have the several powers and authorities vested in the visitors under 258 APPENDIX. the said Act secondly hereinbefore recited ; and that the first visita- tion of the said College shall be held within twelve months after the passing of this Act." Additional visitations when ordered by the Lord Lieutenant. 16. " And be it enacted, That, in addition to such periodical or ordinary visitation, the visitors by this Act appointed, or any three of them, shall in like manner visit the said College whensoever and so often as they shall be thereunto required by the Lord Lieutenant or other chief Governor or Governors of Ireland for the time being, by warrant or order signed by him or them." Authority of visitors not to affect the exercise of the Roman Catholic religion. 17. " Provided always, and be it enacted, That the authority of the said visitors shall not extend to or in any manner affect the exercise of the Roman Catholic religion, or the religious doctrine or discipline thereof within the said College or seminary, otherwise than as hereinafter is provided ; and that in visiting the said Col- lege or seminary the said visitors shall judge and determine accord- ing to such bye-laws, rules, and regulations as have been or shall be made for the government and discipline thereof, pursuant to the provisions of the said recited Acts or of this Act respectively." Visitorial powers in matters of religion. 18. " ' And whereas by the said Act hereinbefore secondly recited it is, amongst other things, enacted, that in all matters which re- late to the exercise, doctrine, and discipline of the Roman Catholic religion, the visitorial power over the said College shall be exercised exclusively by such of the said visitors as are or shall be of the Roman Catholic religion, in the presence of the Lord Chancellor or Lord Keeper of the Great Seal, and of the three chief Judges, and the Chancellor of the Exchequer, if they or any of them shall think proper to attend ;' be it therefore enacted, That in all matters which relate to the exercise, doctrine, and discipline of the Roman Ca- tholic religion, the visitorial power over the said College shall be exercised exclusively by such of the said visitors of the Roman Catholic religion as have been or shall be elected under the pro- visions of the said Act secondly above recited, in the presence of the said persons whom Her Majesty shall, by warrant under the sign manual, from time to time nominate and appoint as aforesaid to be visitors of the said College, if they or any of them shall think proper to attend." Minutes of the proceedings of visitors to be kept. 19. " And be it enacted, That the secretary or some other officer of the said College shall make Minutes of the proceedings of the said visitors at their several visitations, and shall keep a book in wjhich he shall enter a fair copy of such Minutes, and the names of APPENDIX. 259 the visitors present at each visitation ; and the said visitors shall, after every visitation held at the said College, report to Her Ma- jesty the several proceedings held thereat, signed by some two or more of them ; and a copy of such Report shall be communicated to both Houses of Parliament within six weeks after the same shall be made, if Parliament be then sitting ; or, if not then, within six weeks next after the next meeting of Parliament." Alteration of the Act. 20. " And be it enacted, That this Act may be amended or re- pealed by any Act to be passed during this present session of Par- liament." SCHEDULE to which this Act refers. SCHEDULE (A.) Annual Stipends. 20 senior students on the Dunboyne Establish- s. ment each 40 250 free students in the three senior classes , each 20 APPENDIX E. " COMMISSION for inquiring into the Management and Govern- ment of the COLLEGE OF MAYNOOTH. "VICTORIA R. " VICTORIA by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith : to our right trusty and right well beloved cousin, DUDLEY, Earl of HARROWBY, our right trusty and well beloved Councillor, DAVID RICHARD PIGOT, Chief Baron of our Court of Exchequer in that part of our United Kingdom of Great Britain and Ireland called Ireland, our trusty and well beloved MOUNTIFORT LONGFIELD, Doctor of Laws, one of our Counsel learned in the Law, TRAVERS Twiss, Doctor of Civil Law, and JAMES O'FERRALL, Esquire, greeting : " WHEREAS an humble Address has been presented to us by the Lords spiritual and temporal in Parliament assembled, praying that we would be graciously pleased to issue a Commission to inquire into the management and government of the College of Maynooth, the discipline and the course of studies pursued therein ; also into the effects produced by the increased grants conferred by Parlia- ment in the year 1845. Now KNOW YE that we, reposing great trust and confidence in your knowledge, ability, and discretion, have authorized and appointed, and do by these presents authorize and appoint you, the said DUDLEY, Earl of HARROWBY, DAVID RICHARD PIGOT, MOUNTIFORT LONGFIELD, TRAVERS Twiss, and JAMES s 2 260 APPENDIX. O'FERRALL, to be our Commissioners for inquiring into the manage- ment and government of the College of Maynooth, the discipline and the course of studies pursued therein ; also into the effects produced by the increased grants conferred by Parliament in the year 1845. And for the better enabling you to carry these our Royal intentions into effect, \ve do by these presents authorize and empower you, or any three or more of you, to call before you, or any three or more of you, such persons as you may judge necessary, by whom you may be the better informed on the matters herein submitted for your consideration; also to call for and examine all such books, documents, papers, and records as you shall judge likely to afford you the fullest information on the subject of this our Commission ; and to inquire of and concerning the premises by all other lawful ways and means whatsoever. And it is our further will and pleasure that you, or any three or more of you, do report to us in writing, under your hands and seals, within the space of twelve months from the date of these presents, or sooner if the same can be reasonably done, your several pro- ceedings by virtue of this our Commission, together with your opinions touching and concerning the several matters hereby re- ferred for your consideration. " AND WE will and command, and by these presents ordain, that this our Commission shall continue in full force and virtue, and that you our said Commissioners, or any three or more of you, may from time to time proceed in the execution thereof, and of every matter and thing therein contained, although the same be not con- tinued from time to time by adjournment. And for your assist- ance in the due execution of this our Commission, we have made choice of our trusty and well beloved HENRY WEST, Esquire, one of our Counsel learned in the Law, and JOHN O'HAGAN, Esquire, Barrister-at-Law, to be joint secretaries to this our Commission, and to attend you, whose services and assistance we require you to use from time to time as occasion may require. " Given at our Court at St. James's, the nineteenth day of September, 1853, in the seventeenth year of our reign. " By Her Majesty's command, " PALMERSTON." APPENDIX F. " COMMISSION extending the duration of the Commission for inquiring into the Management and Government of the COLLEGE OP MAYNOOTH. "VICTORIA E. " VICTORIA by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith : to our right APPENDIX. 261 trusty and right well beloved cousin, DUDLEY, Earl of HARROWBY, our right trusty and well beloved Councillor, DAVID RICHARD PlGOT, Chief Baron of our Court of Exchequer in that part of our United Kingdom of Great Britain and Ireland called Ireland, our trusty and well beloved MOUNTIFORT LONGFIELD, Doctor of Laws, one of our Counsel learned in the law, TRAVERS Twiss, Doctor of Civil Law, and JAMES O'FERRALL, Esquire, greeting : " WHEREAS in pursuance of an humble Address, presented to us by the Lords spiritual and temporal in Parliament assembled, pray- ing that we would be graciously pleased to issue a Commission to inquire into the management and government of the College of Maynooth, the discipline and course of studies pursued therein ; also into the effects produced by the increased grants conferred by Parliament in the year 1845, we did by our Commission under our Royal sign manual, bearing date the nineteenth day of September, 1853, in the seventeenth year of our reign, appoint you to be our Commissioners for inquiring into the management and government of the College of Maynooth, the discipline and the course of studies pursued therein ; also into the effects produced by the increased grants conferred by Parliament in the year 1845. AND WHEREAS we did by our said Commission declare our will and pleasure to be that you our said Commissioners should report to us in writing, under your hands and seals, within the space of twelve months from the date of our said Commission, or sooner if the same could reason- ably be done, your several proceedings by virtue of our said Com- mission, together with your opinions touching and concerning the several matters thereby referred for your consideration. " AND WHEREAS it has been humbly represented unto us, that it would be expedient to extend the period in which you our said Commissioners were therein required to make your Report, NOW KNOW YE, that we have extended, and by these presents do extend, the duration of our said Commission for the period of six months from the date at which our present Commission expires, for the purpose of enabling you our said Commissioners to complete the inquiries thereby required to be made, and to make your Report thereon. " AND our further will and pleasure is, that upon due examina- tion of the premises therein mentioned, you do within the said period of six months from the date at which our present Commis- sion expires, or sooner if the same can conveniently be done, report to us in writing under your hands and seals, your several proceed- ings by virtue of this our Commission, together with your opinions touching and concerning the several matters thereby referred for your consideration. " Given at our Court at St. James's, the seventh day of September, 1854, in the eighteenth year of our reign. " By Her Majesty's command, " PALMERSTON." 262 APPENDIX. APPENDIX G. ANSWERS OF THE EEV. P. MURRAY, D.D., PROFESSOR OF THE FIRST CLASS OF THEOLOGY, TO QUESTIONS OF COMMIS- SIONERS IN PAPER K. [AT p. 71 of Contents of Appendix to Report, is the following : " The questions in Paper K. having been suggested for the most part by the oral evidence of the theological professors, it has been thought right to print the answers to them in the volume containing the Minutes of Evidence." See Part II., p. 361.] In that portion of his answers which refers to the spiritual punish- ment of heresy, the Rev. Doctor thus writes, Part II., p. 364 : " IV. In order that a man should be guilty of this pertinacity, three conditions are required. First, That the authority of the Church should be sufficiently proposed to him; that is, that he should have such evidence, proof, ground of belief that the Roman Catholic Church is the true Church, and has supreme authority in teaching and defining, as should oblige him to submit to her authority.* Secondly, That the actual doctrine or definition of the Church should be proposed to him; that is, that he should have sufficient ground for believing that such or such doctrine is defined, such or such errors condemned by the Church.f These two conditions being supposed ex parte intellectus (as our theo- logians phrase it), it is required, thirdly, ex parte voluntatis, that he deliberately reject the authority of the Church so proposed to him, or deny that such or such doctrine is defined, having had the aforesaid ground for knowing that it is defined, or simply reject the doctrine so defined, or embrace the error so condemned. If any one of these three conditions be wanting, the man is not a heretic. Hence, if the authority of the Church be sufficiently proposed to him, or as in the case of a Catholic if he actually believes in it, but he is ignorant that such or such a doctrine has been con- demned, he is not a heretic for holding it. Again, if the fact of the condemnation has been sufficiently proposed to him, but not the authority of the Church, he is not a heretic. Again, if both the authority and the definition are sufficiently proposed, but he does not deliberately oppose himself to either, he is not a heretic. If his ignorance be grievously culpable, he is guilty of a grievous sin in holding the heretical doctrine; but he is not guilty of the specific sin of heresy, and, therefore, does not incur the sentence of excom- munication launched against that sin." J " ' Notitia ergo sufficiens [authoritatis ecclesiae] est ilia per quam ita proponitiir ecclesia authoritas ut obliget hominem ad credendum et ipsam esse verain ecclesiam et veram esse doctrinam quse ex cathedra docetur.' SUAREZ, De Fide, D. 19, s. 3, n. 14." f " SUAREZ, ibid. LUGO, n. 32." References to testimonies. J " This is the common doctrine of our theologians. The Salamanca divines pronounce it certain. SALMANTICENES, de Ceiuarit, c. 4, n. 50." DR. MURRAY'S ANSWERS TO PAPER K. 263 Not certain that all Protestants are heretics. " V. All baptized persons, whether Catholics or Protestants, who are guilty of the sin of heresy, incur this excommunication ; but here there are one or two important things to be noted. In the first place, it is by no means certain that all Protestants are heretics. The Church has not, so far as I know, issued any defi- nition whatever on the matter; but it appears to me to be the common opinion, certainly among those theologians and canonists Avhose opportunities of observation, from their residence in coun- tries more or less Protestant, stamp their decision with greater weight, that immense numbers are not only free from the guilt of heresy, but even in a state of invincible, and therefore inculpable ignorance." Witness's opinion. " For my own part, I am, after long and thoughtful considera- tion of the question, decidedly of opinion that, at least in those countries where Protestantism is the prevailing religion, or where it has been for several generations established among a distinct religious party, the great mass of Protestants are free from the sin of heresy, and even in a state of invincible ignorance. I may be allowed to cite a few passages from some of the writers alluded to." Confirmed by testimony of eminent Roman Catholic divines. " Reiffenstuel, one of the most celebrated perhaps the most celebrated of our canonists, thus states his opinion : ' There are many such material heretics* in the mass of heretical societies [in vulf/o hcereticorum], especially among those who do not live among Catholics ; for they, being destitute of true and sufficient informa- tion, and simply believing what they receive as articles of faith from their parents or preachers, do not entertain a voluntary error of the intellect with pertinacity, and, therefore, are not heretics \_consequenter hceretici non sunf]. Nay, they are not formal heretics, though they should know that their faith and opinions are in many things opposed to the Roman Catholic Church, in the case wherein that ignorance arises from simplicity or want of sufficient informa- tion, or in the case wherein they do not believe it to be the true Church, but rather, from evil, lying, and false information, think it to be a false Church, and, on the other hand, believing their own religion and Church to be true, which is the fact regarding many in the aforesaid mass, as we have already taught, from Mastrius and others, in our Moral Theology.^ So, also, Schmalzgrueber, * " ' Heresy is divided into material and formal. It is material (which, however, is not to be reckoned among heresies properly so called) when any one errs in faith, not with an evil mind or from pertinacity, lint from simplicity or want of proper information.' HEIFFENSTUEL, loco infra citando, n. 12. Formal heresy, or heresy properly so called, is heresy maintained with perti- nacity, as explained above." f " REIFFENSTUEL, Jus Canonicum, Sfc., Lib. 5, Tit. 7, n. 13. This work 264 APPENDIX. another eminent canonist : ' In Germany and other northern pro- vinces .... there are innumerable of them [innumerdbiles ex tilts'], only material heretics.' * So, also, Adam Tanner, a German divine, who lived upwards of two hundred years ago, and was very eminent in his day : ' Even among heretics and schismatics, many simple persons may be excused from the sin of unbelief, inasmuch as they trust their elders and pastors, and do not yet sufficiently see that they are in error.'f So also Patrick Sporer, another celebrated German divine, who wrote 'towards the close of the seventeenth century : ' The first class of material heretics are Christians who (whether otherwise professing the true Catholic faith, or belonging to a false and heretical sect) assent to any error against a truth of faith, through ignorance or mistake entirely invincible and incul- pable; who are, therefore, guiltless, not only of the particular crime of heresy, but of any sin against faith, and who, if they commit no other sin, are saved. There are many such, especially of the uncultivated classes, .... among heretics ; for all who are validly baptized, whether by Catholics or heretics, and are after- wards educated and constantly living among heretics or un- believers, where they hear nothing at all of the Catholic religion, or only hear it refuted, derided, and blasphemed, or only hear absurd misrepresentations of it as, e.g., that the Pope is Anti- christ, the Beast; that he is an idol, and adored as God; such per- sons labour under invincible ignorance of the true faith. They retain the habit of faith, J which is only lost by an act of formal unbelief. Then they believe, with a divine and supernatural faith, those truths, which they hold in common with us such as the Trinity, the Incarnation, and the other mysteries of the creed. Assuredly, unless they commit some other sin, they can by no means be excluded from salvation. \_Certe, nisi aliunde peccent a was first published upwards of 150 years ago. I quote from a recent edition, published in Rome (1831-3), with the imprimatur of the Master of the Sacred Palace, and the Pope's Vicegerent." * " SCHMALZGRUEBER in L. 5, Decret. T. 7, n. 120. I quote from a folio edition of 1727. I have heard this work, too, has been lately reprinted in Rome, and, of course, with the usual ecclesiastical sanction." f " TANNER, de Fide, Q. 8, n. 10. (Oper. Tom. 3. page 438)." J Meaning of habit of faith. " By the habit of faith is meant the virtue of faith which is infused into the soul by God, is inherent and abiding there, and facilitates and prompts to the performance of particular acts of faith. This habit is always infused in baptism. Sanctifying grace is lost by the commission of any mortal sin, but the habit of faith is not destroyed except by a mortal sin against faith itself." Illustration. " This (to non-theological readers) somewhat obscure phraseology may, I think, be made very plain by an illustration drawn from natural habits. Take two men, one of whom has been for years a regular and assiduous student the other engaged in pursuits of pleasure and amusement. The latter would feel the greatest difficulty in a sustained concentration of his mind on any subject of study, the former would feel the very opposite. Now, the mind of the former must have got some quality, bent call it what you will, it must DR. MURRAY'S ANSWERS TO PAPER K. 265 salute excludi minime possunt.~] ' * I could add a large number of distinguished theologians holding the same opinion more or less strongly and clearly, f but it is unnecessary to quote farther. I see the renowned Caramuel quoted for the opposite opinion, but I have never, in the course of my reading, met a single writer of high repute on that side. In truth, I hold that all children validly baptized, in any professing Christian Church whatever, though externally and apparently members of the religious community in which they continue to live, are not only not heretics, but in reality, and coram Deo, members of our Church ; J that is, as I of course believe, of the one true Church of Christ, until such time as they are guilty of an act of deliberate formal heresy a time which, as we have seen, may for so many of them never arrive." In what way Protestants excommunicated. VI. " When a Society or Societies of Protestants are already formed and established, as, for example, in these countries, no per- sonal excommunication (excommunicatio ab homine, as it is called) is ever fulminated against them individually or collectively. Such of them as are guilty of the crime of heresy are, as has been already said, excommunicated ipso facto ; that is, they are prohibited the active and passive use of our sacraments ; or, in other words, they are prohibited to administer or receive any of them ; they are cut off from a participation in certain spiritual favours and indulgences of which the Church has the disposal ; they cannot become bishops or parish priests in our Church, &c., &c. Even an additional excommunication ab homine would produce no further privations. Now, how terrible soever these penalties may appear in the eyes of a Roman Catholic, who believes them to be real, I rather fancy that it would not be felt as a very great hardship by a Protestant, lay .or clerical, that he could not put himself in the position of getting the Seven Penitential Psalms for a penance, or of being addressed as P.P., &c., &c." Sect. 2. Temporal punishment of heresy. I. " ' Persecution for religious heterodoxy, in all its degrees, be something real which the mind of the latter has not. This we call habit. Natural habits are acquired by repeated acts ; supernatural habits (like that of divine faith) are infused or poured into the soul by the operation of divine grace." " SPORER, Tract 2, c. 3, n. 14." f " The following, of different schools and different orders Thomists, Scotists, Jesuits, Dominicans, &c. I have either examined myself, or find quoted by trustworthy authority, as for the opinion : Vasquez, Peter Soto, Victoria, Vega, Mastrius, La Croix, Herincx, Terillus, Gobat, &c." J "Some may, perhaps, look on this as a piece of Papal aggression' of a rery wholesale description, but, I should hope, not of a very hostile character." " Even here there may be exceptional cases. Our theologians teach, that if a man, though guilty of the crime to the commission of which excommuni- cation is attached, yet be invincibly ignorant of the fact that excommunica- tion is so attached, he does not incur it." 266 APPENDIX. was,' says Mr. Hallam, * ' in the sixteenth century, the principle as well as the practice of every Church No State powerful enough to restrain its sectaries from the exercise of their separate worship had any scruples about the right and obligation to do so.' " General change of opinion regarding it. " The practice has certainly changed very decidedly on all sides, else I, instead of expounding theology so calmly and good- humouredly to Her Majesty's Commissioners, from the cloisters of a Royal College in Ireland, might be at this moment employed in ' pouring the full tide ' of an embittered heart, and barbing the tale of present and past oppression against the Government of England, from some narrow cell in a Continental seminary. The principle, too, has become at least disreputable. They who still hold it are, in general, not willing to avow it boldly and in its naked form. It is let out in mutterings and whisperings; like lovers' vows and base coin, it is uttered only in darkness and the shade. But there are some, among both Protestants and Roman Catholics, who still maintain the ' pure, unmixed, dephlegmated, defecated' doctrine of persecution. The fires that have long ceased to burn in Smithfield and Madrid still glow with suppressed but with undiminished fury in the bosoms of a few, whom the devouring element would seem to serve as substitute for a human heart." Opinions of modern Protestant writers. " If we have the far-famed Peter Dens, in Belgium, a hundred years ago, maintaining the right to persecute, we have the late Mr. Palmer maintaining the same right, not twelve years ago, in Eng- land ; and in a book which has, I believe, received a wider circu- lation than has, in the same length of time, fallen to the lot of any other Protestant work written in a similar dry, argumentative form, and on the same subject. ' In accordance,' he writes, ' with the principle involved in these laws [the penal laws enacted in the reigns of Elizabeth and Charles II.], and in the articles and canons of the Church of England, I maintain firmly that the State has a right, when necessary, to oblige the members of the Church, by tem- poral penalties, to submit to her ordinances, and neither to establish a different worship, nor teach different doctrines from hers.' f II. " The sentiments of Archbishop Whately are directly opposite to those of Mr. Palmer. I had prepared an analysis of them ; but, to treat them fairly, they should be given fully, and this would ex- tend the present paper to an inconvenient length. He appears to be, in the main, for full toleration of all ' argumentative main- * " Literature of Europe, part 3, ch. 2, n. 50. (3rd edit.) " f " Treatise on the Church, part 5, ch. 8. (3rd edit.) Coleridge holds, sub- stantially, the same opinion as Palmer. See his Table Talk, January 3, 1834." DR. MURRAY'S ANSWERS TO PAPER K. 267 tainers even of the most erroneous opinions.'* Mr. Macaulay is clearly of the same opinion, f III. " Mr. George Cornewall Lewis, a writer who, to varied and extensive learning, unites a degree of philosophic calmness and fair- mindedness rarely equalled, and never surpassed maintains the general proposition (in which I fully agree with him) that it is the right and duty of the State to promote religious truth. There are many ways of doing this, one of which is, the repression of religious error by temporal punishments. Viewing the matter in the abstract, Mr. Lewis is clearly of opinion that it is the right and duty of the State to use this means ; but, viewing it in the concrete, he is as c learly against religious persecution, on the ground of its inherent and universal inexpediency.J IV. " Lord Campbell, in the introduction to a speech delivered by him, when he was Attorney-General, at a prosecution for blas- phemy, says, ' I entertain no doubt that there are occasions when the civil magistrate not only may, but is bound to interfere to check the circulation of publications which assail the foundations of morality, or vilify the national religion.' Again, in the speech itself, he says, ' As the law now stands, there can be no doubt, that to assail with obloquy, and to insult the Holy Scriptures of the Old * " See his Rhetoric, Preface, p. xiii., xiv. (6th edit.) ; Errors of Romanism, Essay 5, sect. 6 (2nd edit.) ; Essays on Some of the Dangers, &c., Essay 3, note E, (1st edit., &c., &c.) " f " Essays, p. 113, and passim." J " Inexpediency, intrinsic and accidental. " Influence of Authority, &c , ch. 9, sec. 2, &c. The Edinburgh Review (vol. 91, p. 549) combats Mr. Lewis's reasoning, and substitutes for it an argu- ment of its own, in the principle of which I cannot concur. " There is a twofold inexpediency. First, there is the inherent or intrinsic inexpediency, which results from the sanction of the doctrine in any case, even when, considering the particular case by itself, no inconvenience arises from its application in that case. In other words, allow the doctrine to be acted on in any one case, and it is sure to be abused in other cases. Here the doctrine is intrinsically inexpedient. We have an example in the matter of theft. Theologians are agreed that, in a case of extreme distress (in extrema necessitate), where there is imminent danger of death from starvation, I can take so much of my neighbour's property as will enable me to save my life. But in a case of merely severe distress (in gravi necessitate) the same liberty is not allowed ; because, as such distress or want is so common in many or most places, as it can be so easily feigned, &c., &c., the licence would be sure to be abused, would tend to the general encouragement of theft, and the general insecurity of property. Secondly, there is the extrinsic or accidental inexpediency, words which require no definition to make them clearer. Suppose a law, in itself excellent, and in its general operation highly bene- ficial ; but a particular case occurs, where great evil, without any compensat- ing good, will ensue from pressing the law. Here is a case of accidental in- expediency. Now (abstracting from, or supposing, the soundness of the doctrine of religious persecution), it might be fairly held that, at the present day, considering the mixture and balance of religious parties considering the force of opinion the constitution, the habits, the ideas of modern European society, the doctrine is inherently inexpedient, though, at a former period, it was only accidentally, if at all, inexpedient." 268 APPENDIX. and New Testament, which we believe to contain the revealed will of God, is a crime for which punishment may and ought to be in- flicted. There are two grounds on which it seems to me that such an act may properly be made the subject of penal visitation. In the first place, it wounds and shocks the feelings of those who are entitled to the protection of the law, not only for their persons and property, but for everything belonging to them which contributes to their comfort and enjoyment. However, the great mischief of this act arises from its tendency to dissolve the foundations of moral obligation, on which society rests. The vast bulk of the population in this country believe that morality depends entirely on revelation ; and if a doubt could be raised among them that the Ten Commandments were given by God from Mount Sinai, men would think they were at liberty to steal, and women would consider them- selves absolved from the restraints of chastity. A publication openly exciting to theft or licentiousness would surely be a fit sub- ject for prosecution, and so must be any other publication of a similar tendency. The civil magistrate is not to interfere with private opinion, or with philosophical speculation ; but he is called upon to repress what directly leads to crime, as much as to punish crime when actually committed.'* There are other passages to the same effect in the reply. V. " The preceding may, I think, be taken as fair representatives of the different shades of contemporaneous English Protestant opinion, among those who address themselves to the subject in a theological or philosophical spirit, f What I conceive to be the doctrine of our modern theologians will appear hereafter. Mr. Hallam, in the extract given above, has pretty fairly represented the opinion of former times on all sides. Now, as to my own doctrine." Doctrine of witness on temporal punishment of heresy, VI. "First: Doctrines levelled against the stability of Govern- ment, the reverence and obedience due to the sovereign authority and to the laws, the rights of property, and the like, are not only sins against God, but civil crimes. The State has a right to put down the publication of them, whether through speech or writing, by the infliction of temporal punishments ; and on the same principle on which it is justified in using the sword against foreign aggres- sion the right of self-defence. Nay, the right is per se stronger, at least the duty may be more imperative in the former than in the latter case. For foreign conquest, as such, only destroys national independence, and the internal and substantial prosperity of the " Speeches of Lord Campbell, pp. 503, 505." f " I put aside altogether the theories and the reasonings of avowed infidels, and also the rhapsodies of some mere men of letters, and of writers or talkers for the passing hour and the present purpose, their crudities deserving no more serious notice than the Treatise on Chinese Metaphysics by Mr. Potts's critic." DR. MURRAY'S ANSWERS TO PAPER K. 269 people may continue as before, or even advance though this is not commonly the case, at least for a time, and until after the amalga- mation of races : whereas communist and other anarchical doctrines, if allowed to take wide and deep root, poison the very life-blood of society, and work its utter dissolution, with all the unspeakable evils that are included therein. VII. " But two things are to be noted here. 1. The doctrines should really have the character and tendency mentioned above. 2. The question of expediency should be well weighed. Will more good than evil follow from punishing ? Were it not better to let this brawler wear out his worthless lungs or cry himself into solitude, or to let this scribbler write himself into ridicule or con- tempt ? Will not persecution lift him to the very notoriety he is looking after, crown his brow with the wreath of a bastard mar- tyrdom, and fill his pockets with the contributions of sympathizing dupes ? &c., &c. VIII. " Secondly : I extend the same rule, and for the same reason, to all doctrines leading to gross violations of the moral virtues, or attacking the great truths of natural religion. As to the former, I do not understand how there can be any difference among reasonable men, except as to the question of degree, or the question of expediency.* As to the latter, I am decidedly of opinion that the State has a right to put down, e. g., open Atheism by temporal penalties, f IX. " To the latter part of the preceding doctrine it has been objected, that it leads, logically, to the sanction of persecution for all religious errors. " I answer -first, inculpable ignorance cannot be pleaded in favour of the Atheist, as it may in favour of him who rejects doctrines known only from revelation, and received only on authority. Secondly, Atheism is not punished as a sin against God, but as a crime against society : and such of its own nature it really is.J To preach up Atheism tends as directly to loosen the foundations from which the social fabric derives its security, as to preach up the doctrine that law is tyranny, and property robbery the only difference being in the deeper horror with which the human mind instinctively recoils from Atheism. It is true that an Atheist may be a very good citizen; but, just as a communist may respect his neighbour's property, the advocate for a community of wives may adhere faithfully to one, or the advocate for ' the sacred right of insurrection ' may live all his days a peaceable and loyal subject. * " See SUAREZ, de Legibus, L. 3, c. 12." f " The reasoning of Dr. Whately on the other side (Errors, &c., Essay 5, s. 6) appears to me inconclusive. The penalty is not inflicted as a test of the individual's belief, but as a punishment for his external and criminal profession." J "Atheists would, of course, deny this. So would red republicans, socialists, &c., deny the practical tendency of their respective systems put into operation." 270 APPENDIX. " Nevertheless, expediency is to be consulted here as in the preceding case. X. " Thirdly : All sane men admit that the supreme power may be, on grounds of expediency, not only justified, but even bound to tolerate and invest with civil privileges, like the rest of the com- munity, a sect which it believes to be false. Not only is it the right, but the duty of the State to protect the religious worship as well as the members of such sect from insult, oppression or annoy- ance of any kind. I do not mean that the State is bound to act in every case. Sere again comes in the consideration of expediency the great rule of governments, whether ecclesiastical or civil, in all matters that are not fixed by higher and immutable laws. Suppose a number of Protestant fanatics to get placards carried about the streets of Dublin, pasted on the walls, and thrust into the hands of passers-by, containing virulent abuse of our religion, ringing changes on idolatry, Antichrist, &c. Suppose, on the other hand, a number of Roman Catholic fanatics to foul the thoroughfares of London with placards equally scurrilous and offensive on the other side. To me it appears clearly within the province of the civil power to punish both parties with equal rigour and this altogether irrespective of the religion of the Government, or its belief as to the truth or falsehood of either religion thus assailed. I hold that a Catholic government, having Protestant subjects, should protect them from such aggression, just as strongly as I hold that a Pro- testant government should protect its Catholic subjects. XI. " Fourthly : When heresy does not involve opposition to government and law ; when it does not, either of its own nature or from the lawless and seditious manner in which it is propounded, lead to the invasion of individual or general rights, or to any real disturbance of social order ; when in short, the principles of the heretical party do not prevent them from being loyal subjects and good citizens, like the rest of the community then I hold that the civil power has no right to inflict temporal penalties of any kind on the professors of the heretical doctrine. In other words, the punishment of heresy as heresy, does not fall within the province of the civil magistrate." Dr. Murray's mode of meeting the argument put forward by Dens, in favour of persecution, is given in extenso, ante, at pp. 139, 140, and 141. He then proceeds : Objection anticipated. XIII. " But it may be said to me, as has been said to others of far higher rank in the Church than I am : ' This is your own private opinion: or rather, you put it forward as your opinion, well knowing that it is opposed to the doctrine of your Church, which, for her own ends, allows your profession of it. " Pushing aside, with a silent movement of contempt, the latter member of the charge, I answer, DR. MURRAY'S ANSWERS TO PAPER K. 271 1. "If I knew or believed that the preceding doctrine was opposed to the teaching of the Church, I would, through God's grace, cut out my tongue sooner than utter it, cut oif my right hand sooner than write it down, except for the purpose of reject- ing it. Let my proposition be submitted to the Holy See, and if the Holy See condemns it, I will not only cheerfully submit, but publish before the world the condemnation, and ray unreserved adhesion to it. 2. " I believe that, on the present point, the Church has issued no definition whatever. I know of no such definition in the canons of any General Council, or in any Papal bull issued ex cathedra, or in any other form." 3. " ' But,' it may be urged, ' the doctrine of persecution is the common opinion of your theologians, which you are not at liberty to impugn.' I answer, first, it is unquestionably the common opinion of our old canonists. But the proper office of a canonist is to expound the law as he finds it, not to investigate principles. Then, the class of heretics contemplated by them were such as I have already described. As to our theologians, most of those who have written in more recent times, and have fallen in my way, either omit the question altogether, or touch on it but lightly, and in passing. To oppose the common and settled opinion of theolo- gians is what we call rash (temerarium), unless the opposition be grounded on some solid argument from reason or authority." * Opinion and defined doctrine. " Opinion, even common opinion, should not be confounded with defined doctrine. There are few convictions which my continued theological studies have, year after year, contributed to rivet deeper and deeper into my mind, than that of the importance of keeping these two apart; of ascribing to the Church nothing but what the Church really holds and teaches." Confirmation of witness's doctrine by approved Roman Catholic divines. 4. " Even Becanus, though practically and decidedly in favour of temporal punishment for heresy (the common opinion of his time on all sides), yet admits the principle of the doctrine maintained by me. ' In heresy,' he says, ' two things may be considered : first, that it is a sin and this is common to it with all other sins; secondly, that it disturbs the peace and tranquillity of the State and this is not common to it with all, but only with some sins such as homicide, theft, rapine, adultery, rebellion, and the like. Under the former aspect it is not punished by the magistrate with capital punishment ; but under the latter aspect, it is so punished and, indeed, justly.' J Then he proceeds to the old and absurd " For authorities, see MONTAGNE de Censuris sen Notis Theologicis, p. 552." f " BECANUS, Manuale Controversarium, L. 5, c. 17. See, also, the same principle substantially laid down by SUARES, de Legibus, L. 3, c. 11, n. 10." 272 APPENDIX. argument from the punishment inflicted on idolatry, &c., under the Old Law, &c., &c. There are two writers still living Father Perrone, at present and for many years back an eminent professor of dogmatic theology in the Roman College, and Dr. Francis Patrick Kendrick, formerly Professor of Theology in the Seminary of Baltimore, in America, afterwards Bishop of Philadelphia, and recently promoted to the Archiepiscopal See of Baltimore. Both have published full courses of dogmatic theology. To the latter the late Pope Gregory XVI. addressed a high complimentary letter, on receiving the first volume of the dogmatic theology, expressing, however, his regret that he had not leisure to read it. Mnsgr. Cadolini, then Secretary to the Propaganda, afterwards Cardinal, addressed another letter to the same, in which he states that he ' had read through the entire of the first volume, and from that inferred the excellence of the whole work.' On occasion of a theological dissertation, published by Perrone, in 1847, and dedicated to the present Pope, Pius IX., the Pontiff addressed a brief to the learned author, in which he speaks in highly laudatory terms of his previous theological productions. (Perrone's Theology had been published several years before at Rome, with the usual ecclesiastical sanctions.) Although these commendations are not intended to give any additional weight to the individual opinions of the writers, yet we may justly presume that, on so noted a question as this, there is no doctrine expressed or plainly implied, in either of their theological courses, at variance with the doctrine of the Holy See. Now, though neither of these writers treats of the temporal punishment of heretics, except incidentally and in reply- ing to objections, yet what they do say about it manifestly implies an adoption of the principle and the doctrine maintained above in my fourth assertion. Perrone says ' The tribunals of the Inquisition inquire into errors, in order to preserve the faith uncorrupted, lest others should be infected ; but after the process is completed, they dismiss the guilty to the secular tribunals ; and these bring them under the laws which are enacted against them. The Church has, therefore, no connexion [nil commune} with this sort of [temporal] punishments. But lay princes have enacted those punishments against heretics, because experience has taught them that no one makes war upon faith or religion who, at the same time, does not plot against the State? * Archbishop Kendrick, in the aforesaid first volume of his Theology, says, ' History teaches that civil dis- turbances and commotions always preceded the severity of the laws [enacting temporal punishments for heresy] ; to these disturb- ances and' commotions we, therefore, justly ascribe this severity. In it [a decree of the third Council of Lateran, A.D. 1179] a distinction is laid down between those who, by the APPENDIX. 273 mere [so/o] crime of heresy, and those who, by numerous wicked deeds, had rendered themselves obnoxious to severer penalties. The protection of the Christian people against violent men, rather than a rage for persecution, was established by that decree. It has been always a well-known principle in the Church, that no one is to be brought to the faith by violence. This, which was at first understood of those who bound themselves by no religious obligation, was, on a principle of equity, extended to others who, trained up in the errors of their forefathers, were ignorant of the duty they had contracted in baptism, of professing the Catholic faith That question [of inflicting tem- poral punishment for heresy] was never mooted until heresies had introduced general ruin and destruction ; and, we are persuaded, never would have been mooted, if heresies had not created disturb- ances.'* These passages need no commentary; their drift is too obvious to be mistaken." Heresy not essentially involving opposition to Government, 8fc. XIV. " To avow (as my assertion avows) that temporal punish- ment should not be inflicted on heresy, except where it involves opposition to government, &c., <&c., and at the same time to hold, and not avow, that it always and essentially involves that opposi- tion, this would be such a piece of shabby equivocation, of despicable shuffling, that I am sure I need not add what is, indeed, sufficiently intimated already that while I hold and avow the former, I neither avow nor hold the latter." Mode of contrmersy recommended by witness. " And now, in concluding this long answer, waiving all question of abstract right or duty to punish or to tolerate, from my heart I wish that all parties, Catholics and Protestants, would agree together that heretics should be coerced only by the force of argument, burned only in the fire of charity, cut off only with the sword of prayer and all good works ; that not only temporal punish- ments and civil disabilities, except for civil crimes, should be abandoned, but all angry revilings and recriminations, unchristian passions under the mask of Christian zeal. We can hardly hope for the full accomplishment of this the devil, and the world, and the flesh are too strong on the other side ; but we may strive for it, and approach, though we cannot reach it. For my own part, ' I have faith in my faith ; ' and I believe that, if we tried only the weapons which the Divine Founder of Christianity has put into our hands, we would come nearer to a united decision on that great controversy which can never be decided by the arms of worldly warfare." * " Historiamagistraedocemurturbasmotusque civiles semper praecessisse legum severitati ; ideoque ad eas hanc merito reterrimus. . . . Ea autem quaestio nunquatn agitata est, donee ha-reses clades rerunique omnium eversionem secum attulerint; nunquam agitata fuisset, ut nobis persuasutn est, si haereses nullas civissent turbas." KENDRICK, Theol. Dogmat., vol. I., p. 192, &c. T 274 APPENDIX. f APPENDIX H. FURTHER EXTRACTS FROM EVIDENCE OF STUDENTS. REV. DENIS GARGAN. Temporal Power of the Pope. P. 110 150. "Are you aware whether the general doctrine taught in the College of Maynooth, with regard to the temporal power of the Pope, is, that it does not extend directly or indirectly to temporal affairs ? " I am aware that such is the doctrine taught in Maynooth with regard to the temporal power of the Pope. 151. " Has all that you have heard in the teaching of Maynooth coincided with that view ? " All that I have heard in Maynooth during my connexion with the College coincides with that view. 152. "That is the general view of the students as well as the professors ? " Indeed, I believe so, whenever they think of the matter at all. 153. "Do politics form frequently the subject of discussion among the young men ? " I think not. When, however, very important political ques- tions are discussed outside the College, such topics may form a subject of ordinary conversation, but not of political discussion among the students." REV. MR. KELLY. P. 140: 153. " Dr. Delahogue lays down this proposition in his treatise ' De Ecclesia : ' ' Christus Petro et successoribus ejus aut ecclesiae nullam concessit potestatem directam vel indirectam in Regum temporalia ; proindeque isti nunquam auctoritate clavium, etiam indirecte deponi possunt, aut eorum subditi a fide et obedientia illis debita eximi ac dispensari.' Has that proposition been con- stantly maintained by the professors in Maynooth College, so far as you know and believe ? " So far as I know, that proposition has been maintained by the professors in Maynooth College. I cannot say that to my knowledge it has been taught ; for the truth is, I do not remember that it was dis- cussed in class ; it was rather assumed in the sense of our oath of allegiance. 154. " Have you ever heard anything in the College among the professors to the contrary ? " Never. 155. " Will you state whether you have any reason to apprehend SPIRITUAL AND TEMPORAL MATTERS. 275 that a contrary principle, or a principle in any degree clashing with that laid down in the proposition of Dr. Delahogue, to which your attention has been called, is entertained by any of the students in Maynooth ? " I have no reason to believe that any opinion or principle clashing with that laid down in the proposition of Dr. Delahogue is maintained by any student in Maynooth." REV. R. HACKETT. Distinction between matters spiritual and temporal. P. 168 : 96. " As a student, has your attention been specially called to the distinction between spiritual and temporal matters ? "It has. . 97. " In what shape was it the subject of a particular lecture, or of particular instruction ? " The distinction between spiritual and temporal matters was sometimes expressly treated of in the course of a lecture some- times, and more frequently decisions were given, which, without any express mention of this distinction evidently supposed it. The doctrine taught in those lectures, and implied in those decisions, amounted to this that spiritual things are distinct from temporal things that the former are the objects of spiritual power the latter of civil power, and that each power is supreme and inde- pendent in its own order. 98. " Was that point enlarged upon in detail, in its application to the various circumstances of life, or was it laid down as a general pervading principle ? " It was laid down as a principle, and was also occasionally illustrated by being applied to some of the various circumstances of life. 99. "Was Dr. Delahogue's treatise, De JEcclesid, the treatise that was read in class when you were a student ? " It was." Dr. Delahogue's proposition. 100. "Do you retain in your memory this proposition in his treatise : ' Christus Petro et successoribus ejus ? ' &c.* " I remember that proposition. 101. " So far as you are acquainted with the doctrine maintained by the professors whose lectures you attended, have you known that proposition invariably asserted by them ? " It has been invariably asserted, or supposed by all the pro- fessors whose lectures I attended. * The same proposition as in question 153, to Mr. Kelly. T 2 276 TEMPORAL POWER. 102. " Have you any reason to apprehend that a contrary principle, or a principle in any degree conflicting with that laid down in the proposition of Dr. Delahogue, and which has just been submitted to your attention, is entertained by any of the students at Maynooth ? " I have no reason whatever to think so ; on the contrary, I believe there is not a student in Maynooth who entertains any principle conflicting, in the slightest degree, with the proposition referred to. 103. " Have you reason to believe that the students are in the habit of reading works which conflict with the doctrine of Dr. Delahogue upon this subject ? " They are not in the habit of reading such works ; the only excep- tion I "know, is the case of a student who was in the habit of reading 1 Dr. Brownson's Review.' 104. " Dr. Brownson, as a writer, maintains extreme views upon certain subjects, does he not ? " His views on the temporal power of the Pope are extreme. 105. " Have you reason to know or believe that the student in question did not adopt the views advocated by Dr. Brownson ? " I am quite certain that he rejected those views." ME. GALVIN, Divinity Student, p. 267, question 45 : 45. " Do you recollect, generally speaking, what is the doctrine, in a few words, that is held with regard to the temporal power of the Pope ? " So far as I can recollect now, I think it is held there that the Pope has no temporal power from Christ himself, and that it is through the grant of princes that he obtained that power. 46. " No temporal power direct or indirect ? " At least direct. At any rate, I have heard that there is merely congruity that he should have it, considering his position, that the Pope should have temporal power, but he has not had it from Christ himself." Temporal power. 47. " You know that the Pope is himself a temporal sovereign in his own states ? " Yes ; and it is congruous and fitting that he should be so, though not necessary. 48. " When you said that there was a congruity in his having temporal power, did that apply to his power in his own dominions, or his power over other countries ? " I think it applies to his power over other countries, although he has it not. 49. " Were you taught that it was desirable that he should have temporal power in other countries P CONGBUITT IN POPES* HAVING TEMPORAL POWER. 277 "I was taught that it was desirable some time in the middle ages, but that the contrary was desirable now. 50. " Did you hear any teaching upon that subject from anybody except Dr. Crolly ? " Yes, from Dr. Russell. 51. " Did you receive instruction from any professor upon the subject of the temporal power of the Pope, except Dr. Crolly or Dr. Russell ? " No. 52. " Are you sure of that ? " I am. 53. " Did Dr. Russell enter upon that subject ? "He did. 54. " Did he enter into those cases wherein the temporal power has occasionally been in conflict with the spiritual power of the Pope? "He did.' Teaching by professor of ecclesiastical history. 55. " What parts of Ecclesiastical history have you heard lectured upon by Dr. Russell ? "He commenced with the very beginning of ecclesiastical history. 56. " Down to what period has he brought the history ? " To the twelfth century. 67. " Is it the practice in the theological class for the professor to state the doctrines which are held on both sides, and then to state to you the doctrine which he himself holds ? " It is. 58. " Do you remember whether it was when telling you what was stated on both sides upon the question of the temporal power, that you heard it stated that there was a congruity in the Pope having temporal power ? " I think it was in stating both sides of the question ; in fact, as to that very congruity, I do not distinctly remember what was held at all." Mr. JOHN MADDEN, Divinity Student. Instructions in duties of subjects. P. 267 : 8. " Were you ever taught that the allegiance which is owed to the Sovereign cannot be relaxed or annulled by any power or authority whatever ? " Nothing particularly on that point. 9. " Merely that it was involved in the general duties of sub- jects ? " Yes ; that allegiance was due to the legitimate reigning autho- rity and government of tb,e country. 278 CONGEUITY IN POPES' HAVING TEMPORAL POWER. 10. " Was the question ever discussed before you as to whether any other authority could release you from your allegiance ? " Never, that I remember. 11. " No particular doctrine was taught to you upon that point? "No. 1 2. " You never heard that any authority could release you from the obligation of allegiance ? "No; I think I heard something discussed that, perhaps, might bear upon that point, in the History Class, about the temporal power of the Pope ; and it was said, at the time, by Dr. Russell, the Professor of Ecclesiastical History, that the Pope possessed no control whatever in temporal matters in these countries, or in any other countries, at present, or at any time. He held, that it was only the mere power that was given to him by the monarchs them- selves, and that he was looked up to by them as an arbitrator ; that there was nothing inherent in himself, and nothing delegated to him by Christ. 13. " That the Pope had no authority over the consciences of Christians in civil affairs by virtue of his position ? " None whatever." Mr. HURLEY, Divinity Student. Temporal power of the Pope. P. 287 : 122. "In regard to the question of the temporal power of the Pope, you have been taught the doctrines of Dr. Delahogue on the subject? " Yes ; it has been some time, now. I have not a very distinct recollection of the question, but I think, upon that, as to the doc- trine taught in Maynooth, it is an exploded question, a thing of no importance at all ; it has been, altogether, not made a question of any importance in the class. My own view of the question is though I do not look upon it as not important that the spiritual power cannot interfere in a temporal matter, jure divino, and has no right to interfere ; but, as to entering into the thing, I do not remember distinctly the state of the question; but it is not a matter of importance in the class business. That is my own view of the question. I do hold and believe, that the Pope, with the spiritual authority, has no right to interfere in temporal matters. 123. " Directly or indirectly ? " By circumstances it may be indirectly, but not, as theologians say, jure divino. By the force of circumstances, it might be as in the middle ages. 124. " But, under present circumstances, what is your opinion? " I believe, then, that the spiritual authority cannot interfere in temporal matters by any right. 125. " Not in such a way as to bind the conscience ? " Not in such a way as to interfere with sins." POWER OF THE PAPACY. 279 REV. E. FAGAN. Temporal and spiritual power. P. 291 54. " Under whom did you study those parts of your treatise which concern the relations between the temporal and spiritual power ? " I read under both Dr. Murray and Dr. O'Hanlon, as a Dun- boyne student. 55. " Will you just give a general outline of the doctrine pro- fessed and taught ? " It is quite certain that the Church does not recognise the Pope as being possessed, by Divine right, with any direct temporal power, or power which would enable him to interfere directly in matters of a temporal or civil nature. Hence, the Pope cannot, by force of arms, or any such means, deprive princes of their kingdoms. His power in this respect regards solely spiritual matters, or matters which have for their immediate object the salvation of souls. With regard to the indirect temporal power of the Pope, I believe it to be the doctrine of every theologian at present in the Church, that he has no such power. But a difficulty arises here, inasmuch as the exercise of his spiritual power is sometimes attended with effects of a purely political and civil nature. For example, in the middle ages of the Church, the Popes did, from time to time, in virtue of their spiritual prerogative, pronounce sentence of excommunication against Catholic princes. In those times there existed a common law, and which was universally enforced throughout the states of Europe, that when any Catholic prince had been subjected to a sentence of excommunication, he, by the very fact, forfeited his right to allegiance on the part of his subjects. There is a temporal effect consequent upon the exercise of the spiritual power. Then a difficulty arises Does that argue in the Pope the exercise of any temporal power, direct or indirect ? I say that I think it does not, because the temporal effect in that case is entirely to be attributed to the common constitutional law that had been established, and universally enforced throughout all the states of Europe ; and the power which the Pope exercised merely gave occasion to the enforcement of this law. With regard to the fact that the Popes did, from time to time, during the Middle Ages, exercise temporal power by deposing princes, it is true that they did ; but they did not exercise this power as a Divine right, but as a right invested in them by the common and unanimous consent of all the Catholic princes throughout Europe at the time. 56. " At the present time, according to what you are taught at Maynooth, do you hold that the Pope has any power, direct or indirect, over the relation between the subject and the sovereign ? " I hold, that the Pope has no direct or indirect power with regard to the relations which exist between the sovereign and the subject." His important answer to quest. 57 is given ante 93. 280 APPENDIX. REV. P. O'DONNELL, Dunboyne Student. Temporal power. P. 297. 27. " Did you read Dr. Delahogue's treatise, ' De Ecclesia,' in your course ? " Yes, I did. 28. " Did you enter, in the course of reading it, upon the questions relating to the temporal authority of the Church ? " No ; I do not recollect that we dwelt upon that in class at all ; merely the doctrine of the Church was stated, and the opinion that the Pope had any direct or indirect temporal power was scouted by the professor ; he did not enter into the details of it at all. 29. " Did he state that this opinion had ever been held ? " I do not recollect that he stated that, but he supposed, I imagine, that we knew it was held, 30. "Your teaching generally throughout would lead you to that conclusion ? " Yes." APPENDIX I. LIST OF WITNESSES EXAMINED BEFOEE THE COMMISSIONERS. BRASBIE, Rev. DENIS LEYNE, educated at Maynooth, joined the Protestant Church. BURKE, Rev. WILLIAM JOHN, educated at Maynooth, has joined the Protestant Church. BUTLER, Rev. THOMAS, D.D., native of Ireland, educated at Malta and Rome, is now a Member of the Church of England. CAHILL, Rev. THOMAS, Dunboyne Student. CARROLL, Mr. CHRISTOPHER, Divinity Student. CROLLY, Rev. GEORGE, Professor of Theology. FAGAN, Rev. EDWARD, Dunboyne Student. FLANAGAN, Rev. MATTHEW, D.D., Secretary to the Board of Trustees. FLANNELLY, Mr. JAMES, Divinity Student. FURLONG, Rev. THOMAS, Professor of Theology. GAFFNEY, Very Rev. MILETIUS, D.D., Senior Dean. GALVIN, Mr. COLEMAN, Divinity Student. GARGAN, Rev. DENIS, Professor of Humanity. GILLIC, Rev. LAURENCE, Professor of Sacred Scripture and Hebrew. HACKETT, Rev. RICHARD, Junior Dean. VATTEL AS TO PAPAL INTERFERENCE. 281 HAROLD, Rev. JOHN, Roman Catholic Curate of the Parish of Kingstown, in the diocese of Dublin. HURLEY, Mr. PATRICK, Divinity Student. JENNINGS, Rev. WILLIAM, Professor of Logic. KELLY, Rev. MATTHEW, Professor of English and French at Maynooth. LAVELLE, Rev. PATRICK, Dunboyne Student. LEAHY, Rev. DANIEL, Clerical Superintendent of the English Church Missions to Roman Catholics. LEE, Rev. WALTER, D.D., Dean. M'AULEY, Rev. CHARLES, Dunboyne Student. M'CARTHY, Rev. DANIEL, Professor of Rhetoric. MADDEN, Mr. JOHN, Divinity Student. MORIARTY, Very Rev. DAVID, D.D., President of the College of All Hallows, at Drumcondra. MURRAY, Rev. PATRICK, D.D., Professor of the first class of Theology. NEVILLE, Rev. HENRY, Professor of Theology. O'CALLAGHAN, Rev. JOHN, educated at Maynooth, has since joined the Established Church. O'CONNOR, Mr. THOMAS, Divinity Student. O'DONNELL, Rev. PATRICK, Dunboyne Student. O'HANLON, Rev. JOHN, Librarian of the College, and Prefect of the Dunboyne Establishment. O'KANE, Rev. JAMES, Junior Dean. O'SULLIVAN, Rev. MICHAEL, Dunboyne Student. OWEN, Mr. JACOB, Architect to the Board of Works. RENEHAN, Very Rev. L. F., D.D., President. RUSSELL, Rev. CHARLES WILLIAM, D.D., Professor of Ecclesias- tical History. SLATTERY, Mr. DANIEL, Divinity Student. WHITEHEAD, Rev. ROBERT FFRENCH, D.D., Vice-President. APPENDIX K. VATTEL AS TO PAPAL INTERFERENCE. The mischief to be apprehended from Popery interfering with the rights of the Sovereign. The liberty, safety, and independence of nations and people is well described in the following quotation from an eminent writer on jurisprudence : " We shall consider the enormous power of the Popes as the first abuse that sprung from this system which divests sovereigns of their authority in matters of religion. This power in a foreign Court directly militates against the inde- 282 VATTEL AS TO PAPAL INTERFERENCE. pendence of nations and the sovereignty of princes. It is capable of overturning a state ; and wherever it is acknowledged the sovereign finds it impossible to exercise his authority in such a manner as is best for the advantage of the nation. We have already in the last section given several remarkable instances of this, and history presents others without number. The Senate of Sweden, having condemned Trollius, Archbishop of Upsal, for the crime of rebellion, to be degraded from his see and to end his days in a monastery, Pope Leo X. had the audacity to excommunicate the Administrator Steno, and the whole Senate, and sentenced them to rebuild at their own expense a fortress belonging to the Archbishop, which they had caused to be demolished, and pay a fine of 100,000 ducats to the deposed prelate. The barbarous Christiern, King of Denmark, took advantage of this decree to lay waste the territories of Sweden, and to spill the blood of the most illustrious of her nobility. Paul V. thundered out an edict against Venice on account of some very wise laws made with respect to the government of the city, but which displeased that Pontiff, and thus threw the Republic into an embarrassment, from which all the wisdom and firmness of the Senate found it difficult to extricate it. Pius V., in his Bull In Ccend Domini, of the year 1567, declare that all princes who shall introduce into their dominions any new taxes, of what nature soever they be, or shall increase the ancient ones, without having first obtained the approbation of the Holy See, are ipso facto excommunicated. Is not this a direct attack on the independence of nations, and a subversion of the authority of Sove- reigns ?" VatteVs Law of Nations, by J. Chitty, Book 1, ch. xii., pp. 66, 67. INDEX. ACT of 1795, establishing Maynooth College, 245 1800, for the better government of, 248 1808, to amend the foregoing Acts, 252 1845, giving increased endowment, 253 Agitating priests said not to be generally from Maynooth College, 16 Allegiance, Oath of, mode of taking it, 97, 178, 187 , gainsaid by students, 96 > feigning sickness to avoid taking it, 102 , not due to heretical Sovereign, 176, 180 , valid when made to a heretic, 115 , no distinct teaching as to, 106 -, none contrary to, 182 of the Pope's spiritual subjects to him analogous to that of subjects to their temporal Sovereigns, 120, 121 All-Hallows College, resources of, 217 , distribution of missionaries sent from, 216 Altar, priests may inculcate duty of electors from the, 8 Altwm dominium of the Pope, rides over every obligation made by an inferior, 120 America aroused by Popery to a sense of danger, 4 Anecdote, discontinuance of Bailly, conversation with the Pope at Borne, 31 Anglade, Dr., as to the declaratoria potestas, 78, 122 Anti-national tendency of Popery, 155 Appendix (vide Table of Contents), xiv. Authority of the Pope hi matters of contract, 85 Archbishop (Eoman Catholic) of Calcutta, educated at Maynooth, 219 St. Louis, Missouri, TJ. S., ditto, 220 Ascendancy, Papal or Protestant, 243, 244 Association for the Propagation of the Faith, 218 Bacon, Lord, his Essay on Truth, 242 Bailly, placed in Index because too Gallican, 26, 31, 33 , consequently discontinued as a class-book at Maynooth, 25 , such a case never occurred before at Maynooth, 29 , wherein he differs from Scavini, 28 , his teaching on the duties of subjects, 96 subject of marriage, 33 -, as to excommunication, 128 284 INDEX. Bailly, referred to by Professor Neville as to material and formal heresy, 36 , no permanent substitution for, 32 Bellarmine referred to by the students, 175 Bishops must obey the Pope's commands, 66 and elections, priest bound to obey them, 11 should not interfere in an obligatory way, unless grounds for believing their people may commit sin by voting for wrong can- didate, 12 can tell what Papal laws are in force in Ireland, 161 Books indexed by the Pope, unbecoming to use them, 26 Brasbie, Eev. D. L., immoral tendency of Confessional, 57 , no particular instruction as to allegiance, 177 , students would have as soon sworn allegiance to the Pasha of Egypt as to King George the Fourth, 178 , allegiance to heretic sovereigns, impression of stu- dents, how produced, 180 , as to Catholic emancipation, 228 sermon of Mr. Kenny during his residence at Maynooth, 180 , Maynooth not so crowded as stated by Sir R. Peel, 222 , as to the emancipation banquet of 1829, 224 Brownson's, Eev. Dr., review referred to, 72, 175, 277 Burke, Rev. W. J., class-books refer to others, 43 , as to immoral tendency of Confessional, 58 , as to oath of allegiance, 101 students feigned sickness to avoid going to take oath of allegiance, 103 , impression as to oath not being binding, 105 Dr. Delahogue was a Gallican, the Professor an Ultramontane, 106 , left Maynooth a rebel of the first water, 189 , entered Maynooth a loyal subject, left it a rebel, 190 , as to the manuple, 193 , Maynooth education made him disloyal, 198 , Romanism will adapt itself to every climate, 202 , allegiance not due to a Protestant monarch, 225 , the Emancipation Festival, Dr. England's song, 226 Butler, Rev. Dr., as to the Confessional, 60 , not allowed Liguori at Rome, 61 , Liguori's celebrated saying, that " more priests have been damned from hearing confessions than anything else," 242 -, prayer may not be offered up for Protestants in the Mass, unless for their conversion, 202 -, Sovereign prayed for if a " Catholic," 203 Butler's, Dr., Catechism taught throughout all Ireland, 192 Cabassutius, not generally departed from, 40 Cahill, Rev. T., as to Confessional, 52 Calcutta (R. C.), Archbishop of, educated at Maynooth College, 219 INDEX. 285 Canonists, their common opinion adverse to Dr. Murray, 141 "Catholic" electors should rote for those who will favour "Catholic" measures in Parliament, 6 should vote for those who will be for promoting the temporal advantage of their Church, 18 "Catholic Emancipation," voting for wrong candidate in such case would disqualify for absolution, 17 , festival and speeches at Maynooth on that occasion, 223 Cisalpines and Ultramontanes, 66 Class-books, authority of, 36 do not bind professors, 37 , yet indicate the doctrine inculcated, 39, 43 do not form fair criterion of, 43 Colleges, All-Hallows, Carlow, Waterford, 218 , Foreign, Paris, Rome, 219 Commission, the, for inquiring into Maynooth, 259 , extending time, 260 Commissioners, professors, legate, 240 Conception, the Immaculate, referred to, 71 Congruity of the Popes' having temporal power over kingdoms, 277 Confessional, the Commissioners report the study of it not practically injurious to students, 45 , Dr. Moriarty deems it absolutely necessary, 51 , Scavini recommends conversing on it only in Latin, 52 , studied in the second year of divinity, 53 , calculated to produce bad effects, 54, 58 , questions put would shock any one of delicate feelings, 54, 57, 61 , Mr. Spooner's Motion, 240 -, Liguori says, " More priests have been damned from hearing confessions than anything else," 242 Confessor, acts as judge in the tribunal of penance, 50 Corpus juris canonici does not distinguish between material and formal heresy, 131 Councils, whether ecumenical or not, 70 Creed of Pope Pius IV. referred to, 194, 212 Crolly, Rev. Q-., distinction between spiritual and temporal, 12 , the right of the Church to teach, 13 , why Bailly was put in the Index Scavini mentioned, 28 -, no case before occurred of a Maynooth class-book being placed on the Index, 29 , Council of Trent, the marriage law for Ireland, 35 , Gallican Liberties, 68 , Papal infallibility no article of faith, 146 , Pope's power in matters of discipline, 158 , his control over education essential, 164 -, laws published at Rome bind the whole world, 160 Cumming, Dr., and Rev. T. Home, as to Liguori, 241 Declaratory power of the Pope between Sovereign and subject, 87, 89, 123 286 INDEX. Declaratory power, Pope can teach men when they may obey and when rebel, 88, 90 Decrees not affecting faith and morals, how far binding, 196 of Council of Trent upon marriage not universally binding, 197 Delahogue's, Dr., proposition ; he a Gallican, the lecturer Ultramontane, 106 Dens' Theology referred to, 136, 139 , considered a work of great merit, 137, 138 , his arguments for punishment of heretics combated with by Dr. Murray, 139 Denunciation of electors by priest, disapproved of, 19 Devoti, present book on canon law, 213 Difference between oaths and vows, 113 Difficulty of defining boundary line between spiritual and temporal power, 280 Dispensing power, 103 Distinction between matters spiritual and temporal, 5 power and influence, 15 Dominicans, two from every kingdom in Europe, and likewise North and South America, at Home, 59 Education, power of the Pope with reference to it, 163 , control over it by the Pope necessary, 164 Elective franchise, exercise of, a moral duty, 20 Elections referred to, and Eomish influence, 3 , Papal power and influence thereon, 5, 168 Electors, ignorant, should vote as priest directs, 9 , a very numerous class in Ireland, 9 , injunctions of the priest, 10 Emancipation festival at Maynooth College, 1829, 181 England, Dr., his song at the Emancipation festival, 226 and Protestantism, hatred of, at Maynooth College, 185 Excommunication, Bailly referred to, 128 , its nature and effect, major and minor, 132, 133 held not to apply to all Protestants in England, 210 , does not interfere with allegiance, 211 , does interfere with allegiance, Reiffenstuel, 212 Fagan, Eev. E., as to oath of allegiance, 93 , difficulty of defining boundary between spiritual and temporal power, 280 Flanelly, Mr., as to treatment of heretics, 143 Franchise, exercise of the elective, a moral duty, 20 Foreign Colleges referred to for foreign Missions, 219 Furlong, Eev. Thomas, the Pope, the bishops, and elections, 20 , the Pope no power in Ireland as a temporal Sovereign, 20 has right to direct as to a moral duty, 20 as to Gallican liberties, four points of, 63 Papal infallibility, a moot point, 151 a man may hold or reject it as he pleases, 152 - a stronger bias now in favour of it, 153 INDEX. 287 Furlong, Rev. Thomas, the Pope has control in matters of faith and morals, 170 , limits of his interference in politics, 170 Gaffney, Rev. Dr., the, as to the Mulgrave festival, 236 , thinks O'Connell's health proposed by Dr. White- head, 237 Gallican liberties, what they are, 62, 64, 68, 147 opinions of Bailly, 28 Galvin, Mr., congruity in Popes' having temporal power, 277 Gargan, Kev. D., Pope's spiritual and temporal power, 275 Grounds of objection to grant stated, 2 Hackett, Bev. C., distinction between spiritual and temporal power, 276 Hanlon, Rev. J., as to Papal power and infallibility, 5 Hanover, House of, Maynooth students had strong antipathy to, 181 Hawkes, Mr., a student, his speeches very violent, 186 , not treasonable, but seditious, 188 , statute of College as to such conduct not read, 188 -, case of student arrested and bailed, 189 Heresy distinguished into material and formal, 124, 129, 262 , the Queen and English Protestants generally only formal heretics, 129 Heretics, oaths made to them, Mr. Burke's impression that they were not binding, 99, 104 , the punishment of, 135, 142, 143, 144 Home, Eev. T. H., and Dr. Gumming, Liguori and confessional, 241 Hurley, Mr., as to Pope's temporal power, 279 Immaculate conception referred to, 71 Immoral tendency of the confessional, 53 Index librorum prohibitorum, has no authority in Ireland, 27 , books placed in, unbecoming to continue use of, 27 , case never occurred before at Maynooth College, 29 Infallibility, Papal, involves absurdity and impiety, 145 -, no article of Roman Catholic faith, 146 -, sense in which it is held, 152 -, more decided bias now in favour of it, 153 Influence of Popery at elections, 5 , distinguished from power, 15 Injunction of priest as to elections, when sin to vote against, 10 Inquiry, fourfold division of, by Commissioners, 1 Instructions as to allegiance none given at Maynooth College, 179 Interdict in reign of Queen Elizabeth, 104 Ireland, Council of Trent is marriage law in, 35 Irish Church, Dr. Cantwell, as to destruction of, 23 electors, many very ignorant, 9 , priest should tell them who to vote for, 9 , when they commit sin in not voting as priest directs, 10 288 INDEX. Jennings, Rev. W., cases where oaths cease to bind, 89 , declaratory power of the Pope, who is the expositor of sound morality, 89, 173 -, witness would rely on Pope's guidance, though not infallible in temporal matters, 174 , recapitulation of his opinions as to Papal infallibility, 92 Kelly, Rev. Mr., the Pope and the oath of allegiance, 275 Kenny, Mr., General of the Jesuits, his sermon, 180 , his sermon at the retreat, 180 " Key of Heaven," prayer in, referred to, 199 " Know-nothing" party in America, 4 Lateran Council referred to, 157, 195, 213 Lavelle, Rev. P., Pope or priest dictating to electors, 21 , cases may arise where they would be justified in doing so, in accordance with principles imbibed by witness at Maynooth, 21 -, as to the confessional, 51 Laws of Church of Rome, can the State ascertain what portion of is in effect in Ireland, 161 Leahy, Rev. Daniel, subject of confessional very obscene and indelicate, 53 j gtudy of it injurious to students, 54 , any person of delicate feelings would be shocked at the questions, 54 , tends to immorality, 55 , witness gainsaid oath of allegiance, 96 , impression on students that there was no allegiance due to heretical Sovereign, 176 -, Pope has temporal power by reason of his power over the souls of men, 177 Liguori, referred to, 41 , not allowed to Dr. Butler when a student at Rome, 61 , Pontifical laws oblige the faithful, though only promulgated at Rome, 114 , is referred to in class ; quoted as standard authority, 115 , says " more priests have been damned from hearing confessions than anything else," 242 Louis XIV., had Bailly been put into the Index in time of that monarch, it would not have been discontinued in the French Universities, 27 M'Auley, Rev. C., priests and temporal matters, 22 , as to confessional, 52 , as to treatment of heretics, 143 M'Carthy, Rev. D., as to Pope's temporal power, 155 M'Hale, Dr., his evidence as to oath referred to, 110 Madden, Mr. John, duties of subjects, 279 Manuple, impression on students as to cause of its removal, 182, 193, 208 INDEX. 289 Marriage, Bailly's teaching on the subject of, 33 Marriages in Ireland regulated by Council of Trent, 35 Martyrs in time of Queen Mary, were they material or formal heretics, 125 Mass, Sovereign not prayed for in, unless a " Catholic," 203 , may be offered for persons outside pale of the Church, 207 , generally said in Ireland when half-a-crown is paid, 193 , may not be offered for Protestants, except for their conversion, 203 Maynooth, what does it practically for Ireland ? 3 , its teaching and effects as to electors, 21 , neither pure Ultramontanism, nor pure Gallicanisiu taught there, 68 , loyalty not infused there, 185, 227 -, custom of praying for the Queen in, 208 Maynooth College, Act of, 1795 legalizing its establishment, 245 1800, for better government of, 248 1808, to amend former Acts, 252 1845, increasing annual grant, 253 Meath, the R. C. Bishop of his letter, April 26, 1855, as to tenant-right, 23 Established Church, &c., 23 Mediaeval constitution of society referred to, 175 Minority bound by majority of bishops with the Pope as to articles of faith, 150 Miscellaneous points, England, India, &c., 216 Mode of taking oath of allegiance, 97 Moral guilt, by voting for wrong candidate ; elector thereby disqualified for absolution, 17 Moral duty, exercise of elective franchise a, 20 Moriarty, Rev. David, as to the confessional, 46 , caution recommended in study of it, 47 , oath of allegiance, enabling declaratory power, oath may be declared removed by circumstances, 78 , considers Dens' " Theology " a work of great merit, 137 -, College of All-Hallows, Foreign Missions, 216 -, Society for the Propagation of the Faith ex- pended 43,400Z. in the British Empire last year, 218 -, Maynooth has sent Archbishops, Bishops, &c., to Calcutta, America, Australia, &c., 219 Mulgrave Festival at Maynooth, 1836, 227 , origin of the festival, 229 , Dr. Whitehead's and other speeches on that occasion, 227, 236 -, recapitulation as to, 237 Murray, Rev. P., authority of Pope as to elections, 17 , when may priests interfere, and to what extent ? 18 , oaths to heretics valid as those to Roman Catholics, 76 , as to punishment of heretics, 1 35, 139 , the common opinion of canonists and theologians against him, 141 , Bailly discontinued, because too Galilean, 31 , antagonizes the teaching of Dens, 139 290 INDEX. Murray, Rev. P., the Pope and clergy are to direct as to what is morally right, 168 , can do this in temporal matters, e.g., elections, 168 , as to placard and tract distributors, 221 , as to Dr. Whitehead's speech in 1836, 231 , extracts from his answers to Paper K, 262 Natalis, Alexander, placed in Index, donee corrigatur, 28 "Nation," the,astoDr.Cullen; Pope's deposing power and Maynooth, 190 Neville, Rev. H., distinction between power and influence; when priest should interfere, 15 , his answers to Paper K, 33 , Bailly indexed donee corrigatur, 33 , not discontinued, because too Gallican, 33 , Ultramontanism and Gallicanism, 64 , Ultramontanists hold that Papal laws by being published at Rome bind the whole world, 73 , oath of allegiance made to a heretic valid, 115 . , Bailly as to punishment of heretics, 128 -, as to civil or temporal power of the Pope or Church, 167. , removal of the manuple does not affect the prayer, 193 , as to its use, 208 , "Catholics" may pray for heretics under excommuni- cation, 205 -, exception, 205 , mass may be offered for persons outside pale of Church, 207 , excommunication does not interfere with allegiance, 210, 212 -, Devoti, present text-book on canon-law, 213 " Night Thoughts," quotation from, 243 Oaths, alike binding whether taken by Protestants or Romanists, 75 . , Reiffenstuel referred to for the contrary of this, 76 , cases when they may be relaxed, 107 . , in which they cease to bind, 89 , of allegiance valid when made to a heretic, 115 , gainsaid by students when taking it, 96 . , mode of taking it, 97 , feigning sickness to avoid taking it, 102 -, taking of, does not introduce the right, 118 , cases where they cease to bind, 89 , extracts from Bailly continued, 107 , difference between them and vows, 113 , some in some cases seem to impose no obligation, 120 Objection to Grant to Maynooth, grounds of stated, 2 O'Callaghan, Rev. John, joined Established Church about ten years ago, 184 , loyalty not infused at Maynooth, 185, 227 , feeling of hatred to England and Protestantism INDEX. 29 1 O'Callaghan, Eey. John, taking oath of allegiance, 187 , Lord Normanby's visit to Maynooth ; Dr. Whitehead's speech, 227 O'Connell cheered by students of Maynooth, 233 , his health proposed ; speeches on the occasion, 235 O'Donnell, Rev. P., as to temporal power, 281 , Papal power and influence at elections, 5 O'Hanlon, Rev. J., duties of priests as to elections, may recommend candidates, and enforce by spiritual means their recommendation, 7 , case of ignorant voters, 9 , sins committed by disobeying priest, 10 -, authority of class-books, they indicate the nature of the teaching, 39 , why Bailly placed in the Index, 26 , refers to Liguori's " Moral Theology," 41 -, Grallican Liberties ; Brownson's Review advocates power of the Pope, 72 , spiritual and temporal power of the Pope, 142 -, Church may compel heretics to return by spiritual power, 142 as to the Bull Ccena Domini being in force in Ireland, 156 O'Kane, Rev. J., students refer to controversial works, such as Bellur- mine, 175 O'Sullivan, Rev. M., as to confessional, 52 Papal power and influence on elections, 5 , infallibility, what is it, where does it reside ? 145, 153 , laws universally binding, by being published at Rome, 215. Peel, the late Sir R., misinformed as to crowded state of Maynooth College, 222 Penal laws, candidate announcing intention to vote for ; priest should exhort electors not to vote for him, 19 Perrone, Father, as to Papal infallibility, 147 Persecution of heretics material or formal, 125 Pertinacity in rejecting Romish doctrines is heresy, 124 Pius IV., creed of, quoted, 194, 212 Pius V. and Queen Elizabeth, 84, 91 Placard and tract distributors, 221 Politico-religious questions, 169 Pontifical laws oblige, though only promulgated at Rome, 73 Popery will accommodate itself to every climate, 202 Pope, the, and elections, 11, 17 , congruity of his having temporal power over kingdoms may teach all his spiritual subjects their duty in faith and morals, 13, 168, 170 , to be obeyed in things doubtful, 67 , may declare the obligation of an oath removed, 79 , well if sovereigns were more dependent on, 81 , has a directing power which ought to bind the conscience, 32 is the best judge to decide as to existence or cessation of moral duty, 83 292 INDEX. Pope, the, his authority in matters of contract, 85 , can teach men when they may obey and when rebel, 88 , his declaratory power between sovereign and subjects, 87 , supposed case of his declaring oath of allegiance void, 90 , dispensing power, instructions as to, 103 , has authority to impose decrees of discipline upon all, 151 , his decrees, how would State know what are in force here ? 153 , may enforce the Index exfivrgatorius Librorum prohibitorum on Ireland, 159 , how far his laws bind the whole world a disputed point, 73, 160 -, his instructions relative to the Queen's colleges are binding, 162, 215 , unless he controls education may give up ruling the Church altogether, 164 , may interfere directly with any individual layman, 166 , can force a bishop to publish his rescript, or order another to do it, 167 , when he may interfere in matters at a general election, 167 , the expositor of sound morality, 173 i, great temporal power, by reason of his power over souls, 177, 190 Power of Popery on elections, 5 distinguished from influence, 15 Power, declaratory or dispensing, 78 Practical remarks offered, 239 Prayers at Maynooth for the Sovereign, 183, 198, 207 Priest, electors might think him exercising power when he was only using influence, 16 Priests, their duties with respect to elections, 7, 19 , may recommend candidate, may enforce recommendation, 7, 21 , whether he may compel vote by refusing the sacrament, 7 , distinction made between his power and influence, 15 , authority of in temporal matters, 172 -, should exhort electors not to vote for those who will vote for penal laws, 19 , their duties in temporal matters, 22 Principle, grant to Maynooth College objected to by Protestants on, 2 Propaganda allocated 43,4002. for the British Empire last year, 218 Protestants in this country generally only material heretics, 129, 263 not subject to excommunication, 134 Queen, the, and English Protestants probably not included under term formal heretics, 129 Queen's College, instructions of the Pope as to, binding, 162 , clergy commanded, laity exhorted to abstain from, 164 , effect of such exhortation, 165 Queen Elizabeth, Pope Pius V. and her subjects, 85, 91 , interdict of the kingdom in time of, not yet removed, 104 INDEX. 29 3 Renehan, Rev. Dr., Trustees do not generally interfere and change order of instruction, 32 , class-books indicate the general teaching, 43 , was not present at the Mulgrave Festival, 234 Reiffenstuel, Jus Canonicum, as to heretics, 76 -, oaths, 76 -, differs from Professor Neville, 212 Romanism will adapt itself to every climate, 202 Roman Catholics have conscientiously persecuted, 126 Rome, so divided as to opinions on some points that every theologian may give his own, 101 Russell, Rev. Dr., as to authority of priests in temporal matters, 171 , as to discontinuation of JBailly, 31 , Pope has no authority in temporal matters, 171 , priest cannot make a thing to be a sin, 172 , may declare it to be so Who is to decide ? 172 Salamanca, writers of, used at Maynooth College, 41 Scavini, students not yet supplied with his works, 26 , differs from Bailly as to separability of contract from sacrament of marriage, 28 -, Confessional, 52 Sin, to vote against injunctions of priests, 10 , if the electors thought it a sin it would be a sin, 10 Slattery, Rev. D., on the subject of allegiance, 92 Sovereigns, well if they and their people depended more on the Pope, 81 , prayed for in prayer before the Mass, 204 Spiritual power, every deliberate act has its spiritual relation, difficulty of defining boundary line between it and temporal, 83 Spiritual and temporal matters, 6, 11, 12 Story as to discontinuance of Bailly, 31 Student arrested for seditious language, 230 Subject, oath of allegiance and duties of, 98 " Tablet," the, referred to on Bishop Cantwell's letter, 23 Temporal power of the Pope, difficulty of defining boundary line between it and spiritual power, 5, 282 Trent, decrees of the Council of, the marriage law for Ireland, 35 Trustees ordered discontinuance of Bailly after it had been placed in the Index, 27 Ultramontanism and Gallicanism, 64 Ul tramontanes and Cisalpines, 66 Ultramontane School hold that laws bind the whole world when published at Rome, 215 United States, Archbishop of St. Louis, brought up at MaynootJi College, 220 Vade Mecum, prayer in, referred to, 199 Vatican, the influence of on elections and on national interests, 3, 4 Vattel, as to the danger of allowing the Pope authority in matters of religion, 281 294- INDEX. Voters, ignorant, should vote as priest directs, 9 (see Elections) Voting for Members of Parliament, a temporal, may become a spiritual matter, 6, 7, 14 Vows, causes for dispensing with, 108 , difference between, and oaths, 113 Whitehead, Rev. Dr., as to Brownson's Review in Maynooth College, 73 , his speech at the Mulgrave festival, 227 , proposed O'Connell's health on that occasion, 237 , never used the words attributed to him, 232 Young, Dr., his " Night Thoughts " quoted, 243 LIST OF SUBSCRIBERS DIGEST OF THE MAYNOOTH COMMISSION REPORT. Adams, John, Esq. Baggallay, R., Esq. Batemaii, James, Esq. ( 5 copies). Baxter, Robert, Esq. Beamish, Rev. H.'H. Beattie, Alexander, Esq. Bellamy, W. H., Esq. Bernard, the Viscount, M.P., (2 copies). Berney, G. D., Esq. Bickersteth, Rev. J., Sapcote. Blandford, the Marquis of, M.P. Blandford, J. F., Esq. Borlase, W., Esq. Borradaile, R., Esq. Bouchier, Rev. B. Bradley, Rev. Gilbert. Braithwaite, I., Esq. (3 copies). Braithwaite, R., Esq. 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