The central Presbyterian. [volume] (Richmond, Va.) 1856-1908, 1881-01-26


reading than are many medical treatises.
There is not one o. those questions which
DR.. Witherspoon terms "too indecent to
be quoted" that is not question of moral
right or wrong. only too practical in this
sinful world; and the minister of God is
not fit for his sacred duty, who las it not
In his power to guide consciences in re-
gard to such questions when the neces-
sity presents itself 1 have never seen
the French translation of St. Ligunri S
Theology to which DIR. Witherspoon re-
fers, nor, am sure, has he. Neither of
us, therefore, is at present In condition to
make that point in the argument; for
the remainder of this article will show
how unreliable are quotations and trans
lations, unless they are examined and
verified.
8. DIR. Witherspoon quotes st. Lig-
uori as follows:
An accused person. witness, if he think
himself unlawfully Intercepted by the judge
may swear that he is ignorant of a crime which
in fact he knows secretly understanding that
he does not know it so as to be questioned about
it, or to make deposition concerning it." Qb.
N. 154)
Here the words IF he think himself
have been introduced by DR.. Wither-
spoon. And instead of "that he does
not know it so as to be questioned about
it," ST. Liguori has: that he does not
know crime concerning which enquiry
can lawfully be made" We will see
further on, in DIR. Witherspoons applica-
tions, that these changes in the text are
not without their practical bearing. He
also omits the words following: But an
accused person or witness, who is law
fully Intercepted by a Judge, can use no
equivocation, because he is bound to
obey the just command of his superior :"
No one surely will deny that it is pos
sible for judge to interrogate unlaw-
fully or assert that, in such case, the
information he unlawfully asks must be
given him. The oath taken by an ac-
cused person or by witness binds him
to give information only in as far as the
Judge can lawfully ask it. This applies
to. the relation not only of an attorney
with his client, but also of a confessor
with his penitent, which is the subject OF
the question from N. 1853. Many of our
readers will remember the decision on
this point given by Judge Meredith in
1855, in this city. And the case may be
made still clearer by recalling the words
of our Lord, MARK xiii: 32) But OF
that day or hour no man knoweth
neither the angels in heaven, nor the Son,
but the Father"
4. DR.. Witherspoons next quotation is
as follows:
An accused person if in danger of capital
punishment, or lifelong imprisonment or exile,
or the loss of all his property, sentence to the
oath, at least without grave SIM" Qb. N. 1867
Here DR.. Witherspoon has completely
reversed the decision of st. Liguori. His
decision is the very opposite of the one
here imputed to him. He puts the case
as question, and answers: "Elbel de-
MES it, with St. Thomas and indeed more
probably Get guidena probabiAus) because
the accused person is then bound to en-
dure the penalty for the public good. -"
lie then goes on to quote the contrary
decision (attributed to him by DR.. With
erspeon) as held by several theologians
" salts probo6aJater, that is, with reasons
enough for their opinion to make it ten
able; and this on the grounds which JUS
tify culprit in pleading mot guilty."
The case in his next quotation, N. 1853,
depends upon those given as N. N. SIG
and 529 below. 1 will therefore postpone
it, as well as the cases of mental reserva-
ton and equivocation, in order to exam
Inc the other important cases concerning
oaths.
5. DR.. Witherspoon quotes thus:
He who has sworn to a judge that he will
speak what he knows, is not bound to reveal
secrets" Qb. N. 1887
Now the word here translated secrets, y
is not Secreta, but "occulta," which, in
the technical Specification in which it is
used in Moral Theology and here, means
things that are not matter of public
knowledge or accusation, nor related
thereto. Such things are evidently not
matter of evidence, nor within the iuris
diction of the Judge, nor, therefore, in
cluded in the oath to tell what one knows
As to secrets, which are not spoken of by
st. Liquor in this place, sufficient has
been said above, N. 8.
6. DR.. Witherspoon next claims to
quote from st. Liguori as follows:
"a man may swear to false statement nro.
Iylded he add in an undertone so as not to be
heard, such qualifying circumstances as would
make his statement true" Qb. N. 1857
Now ST. Liguori does not say this. He
first quotes the opinion of some that what
is added in an undertone saves the truth
of the declaration "71ro,,3IeCI al he ,,L, H.,