The central Presbyterian. [volume] (Richmond, Va.) 1856-1908, 1881-02-02

VI OOo anu uO law VI our CIVIL courts
which allows the party testifying to an
swer falsely. He may decline Co onSver
an unlawful question, but to swear that
che is Ignorant of crime which in fact
he knows is perjury, whether the ques-
ton be lawful or unlawful. He has but
one of two alternatives, not to testify at
all, or to tell the truth.
Hence the sophistry of the following
paragraph of Bishop Keane is apparent
1.-The oath taken by an accused person or by
a witness binds him 10 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 confessor with his
penitent. which is the subject of the question
from N. 153. Many of our readers will remem-
Der the decision on this point given by Judge
Meredith in 1855 in this city
The decision of Judge Meredith does
not authorize confessor to "affirm Gas
in N. 1859 even with an oath that he
does not know of a sin heard in comics
sion, secretly understanding that he
knows it as minister of Christ, but not
as man" 1t authorizes him to decline
to testify under these circumstances, but
not to testify what is not true. So with
the relation of attorney and client The
attorney may be excused from testifying
on the ground of confidence, but if he tes-
titles at all, he must speak the truth
Our courts of law know nothing of men
tai reservations and secret compacts with
conscience. They are not known to the
Word of God. They are peculiar to Ro-
man Catholic moral Theology" But
Bishop Keane even quotes our Lord as
an example of mental reservation He
says:
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"
Now | submit that this is simply mon
strous There was no Su6mtelligendaIn,
here-no secret understanding, no mental
reservation. Perish the thought that
there was Our Lord spoke, and the
disciples understood him to speak of his
human knowledge, that knowledge which
he had through his human faculties as
the Mediator between God and man. 1t
has no more likeness to Liquors. teach
ing than daylight has to dark.
have dwelt long upon this case be-
cause it is the crucial one. l have shown
| think that Liquors. principles of evil
dence, and those of our courts are world
wide apart.
4. pass now to the next.
t. An accused person if in danger of capital
punishment, or lifelong imprisonment, or exile
or the loss of all his property, or sentence to the
galleys, or the like, may deny crime even
1861
Here the Bishop does not dispute the
translation but says 1 have reversed the
decision of Liguori, because I give as his
decision that which he declares to be held
I" salts probabiliter, and not that which
he says is held "qa1idem pro6abihus; :"
al d, to make his point, he puts this in
depreciation on salts proba6ilater; namely,
that an opinion is "held by several the
ologians salts probabiliter, that is, with
reasons enough for their opinion to make
it tenable; and this on the grounds which
Justify culprit in pleading not guilty."
Oh, Bishop and are we to be told two
hundred years after the death of Pascal
that salts orobabi5iter means with rea-
sons enough for their opinion to make it
tena6le| Why, the slightest probability,
created by. the opinion of single APP
proved writer does that but salts pro-
6a6aater means with sufficient reasons for
any one to act aOithout scruple of con-
science upon 1t. And so Liguori as re-
sponsible for it. 1t is part of his de
cision. He may say the other has little
more reasons, but if this has reasons
enough to allow man to act upon it and
deny the crime even upon OATH" what
more is necessary? But he says con the
grounds which justify culprit in plead
ing not guilty" Now no court requires
a man to swear that he is not guilty, or
even to affirm it. The plea of mot
guilty" is simply technical plea, which
means that the accuses declines to con-
fess, and submits the case to evidence,
Here again Liquors. morals and those of
our courts are utterly at variance.
5. "He who has sworn TO a Judge that he will
speak what he knows, is not bound to reveal
secrets" Qb. N. 1889
Here the Bishop takes exception to my
translation of the word occulta by the
work secrets. Well, 1 have no DISPOSE
ton to match my Latin against his, but
| open my Andrews Latin English Lex
icon, and read occulto, Drum, secret things,
secrets. | open Leverett, and read Oc-
cultotna, ., q hidden thing, a secret But
these are only school Lexiconsl 1 open
then Facciola'i, the great " Master of all
Latinity' and read, occultrate, secretly,