"Ni

Here is the decision of the Council of the Lateran, under Pope Innocent III., Canon 43. mis de jure, &c.-Those laymen carry their usurpations, by divine right, too far, when they compel priests, nihil temporale continentes,-holding no temporalities, to take the oath of allegiance to their governments." Again: Sacri, &c. By the authority of this holy council, we forbid that any clergyman give the oath of allegiance to any layman!" See also Baronii Annal. Tom. x. sect. 49, p. 155. Demoulin's Papal Usurpations, p. 40. And here is a case in point, in reference to the safety of our republic. The Romish canon law declares, Juramentum, &c.. That an oath against the interest or benefit of Mother Church, is not binding on any one." Lemma, ad cap. Sicut. 27. Extrávag. De jurejurando.

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A case is thus put in their law,-"Of a prince, fearing some conspiracy against him, took an oath of some, that they should not be in any conspiracy against him;" the parties sworn, desired to know how far this oath was binding. Pope Innocent III. gave this answer. Declaramus, &c.-We declare that you are not so bound by this oath, but that you may stand against that prince to whom you had so sworn, in the lawful defence of the rights, and honours, of the church, and your own." Extravag. De juram. Innoc. III. cap. Venientes. 19. Demoulin, p. 41.

Fourth In popish lands, where the pope has his usual power, all priests are exempt from taxes and public imposts, to support government. The bishops and priests pay their quota of revenue, not to the government that protects them, but to the

pope's treasury. He, therefore, taxes them; he taxes, and draws revenue from the subjects of other governments!

Besides the quotations of the bull In coena Domini, in a former page, I offer the following:"Quod laici, &c.-That laymen imposing taxes on the clergy, are excommunicated, with all their abettors." Sententiæ, &c.-All decrees and constitutions of laymen imposing taxes on the church, are void; and can never be obligatory." The canon law forbidding the clergy to be taxed, is found in Cap. Non minus, 4. Cap. Adversus, 7. And in the Extravag. De immunitate Eccles. See Demoulin's Papal Usurp. p. 43. And the bull against Henry VIII, sect. 20; and Council of Trent, Sess. 25. cap. 20.

16*

CHAPTER VIII.

ROMAN CATHOLIC PRIESTS A PRIVILEGED AND EXCLUSIVE ORDER IN POPISH LANDS.

Proof continued-Priests in popish countries not amenable to the civil magistrates—Their master dispenses in all oaths.

Fifth: RомISH priests, where popery is the exclusive religion, are not amenable to civil authority. Here we must distinguish between the dogmas of popery, and the facts of the case. Some nations never submitted entirely to this infringement; others regained their independence. But still this dogma of popery was not given up. Here is a specimen of it. "Qui contra, &c.-All magistrates are excommunicated, who interpose against ecclesiastical persons, in any criminal cause, be it even murder, or high treason." See Filiucius, Moral. Quæst. Tract. 16; cap. 11. sect. 307. 309. Canon Law: Canon Siquis, 29, caus. 17. Quæst. 4. Demoulin, p. 44.

The attempt of the papal legates to obtain the sanction of the Trent Council to this, was defeated by the Gallican ambassadors, through a compromise. But the popes never gave it up. Hence, the bull of Gregory IX., in 1580, declares,-"Judex secularis, &c.-The secular judge may not condemn a priest and if he do, he shall be excommunicated."

In 1741, Pope Benedict XIV., issued the bull, Pastoralis Romani," &c. In the 15th section, he pronounces "all those excommunicated, who bring ecclesiastics before lay tribunals.”

This bull was laid before the Maynooth professor, Dr. McHale, in his examination before the royal commissioners in 1826. He endeavoured to explain it so as to mean nothing. But a few questions brought out this admission. "Benedict's bull," said he, "refers to the ancient jurisprudence prevailing in Catholic countries, in Europe generally, and I think it is the common law of England. The clergy were a privileged class; they had their own tribunals; and if any person should cite them before the lay tribunals, he was supposed to violate not only the obedience he owed to the pope, but the civil jurisprudence of his country." That is to say, because popery had so completely triumphed in these lands, that it had obtained from the civil law the recognition of its ghostly courts, as superior to that law in its claims over the priests; therefore, he who did not submit to these ghostly courts, and go into them, instead of the civil court, was supposed to violate obedience to civil law! Admirable logic!

The proper reply of his examiners to this,was the calling of the Jesuits' attention to the fact, exhibited in the said bull,-" that all persons are excommunicated, without exception, or without limitation of time, or place, who bring Roman priests before lay tribunals."

any

Finally, Bellarmine presents us the universal sentiment of the popish church, De Clericis, Lib. i. cap. 28. "Etsi clerici, &c. Although the clergy

are bound to obey the civil laws, they cannot, how-
ever, be punished by any civil judge; nor by any
means drawn before a secular tribunal of the ma-
gistracy." This position the Jesuit attempts to
prove from councils, from the constitutions of the
emperors, from the decrees of popes; and also from
reason: "For," says he, "it would be
he, "it would be very absurd
that the sheep," that is, the civil magistrates,
"should sit in judgment on the shepherds," that is,
the Romish priests!

We

Sixth Priests and lay members, faithful to the popish church, can never be republican citizens; and no confidence can be reposed in any oath of allegiance that they may see fit to swear. owe it to ourselves, to our country, and to the Roman catholics, to establish fully this heavy charge. 1st. They are the Pope's subjects. Rome is the capital of the Christian world." Its chief is our sovereign lord the pope; even our Lord God the pope." These phrases are familiar to every priest: they are titles dear to his soul. From the pope's supremacy he has no appeal. And we have their own sentiment on this point. The Archbishop of Tuam lately published to his suffragans the cheering news, that "His Holiness the pope was about to pay a visit to his Roman Catholic SUBJECTS in Ireland."

"True," say they, "but this is only in spiritual matters." I have just been proving, on the contrary, that the pope claims, and by the canon law possesses, temporal power. But even admitting this statement, we say, be it so. Only give me such a power as the priest has over his victim, at the confessional; only give me a tithe of the