himself to be carry'd away by his own private interest. We conclude therefore that the court of Rome has no ground to reject appeals on account of the judge's infallibility.

Since the faid court, which hates to difpute or argue, but aims at nothing less than abfolute defpotic power, refufes to hearken to all the reafons that may be alledg'd against such pretended infallibility, and lays fo much stress on the words of our Saviour, and the prerogative he granted St. Peter, as to make the Pope's infallibility an article of faith, it will be neceffary to have recourfe to the fcriptures, which we propose to do in a future chapter, wherein we will try the force of this infallibility by the true meaning of thofe facred writings; for the present I think it fufficient to obferve, that if the Pope were infallible, he would confe- X quently be happy in this life, I mean happy with celestial beatitude; for I am not fo rafh as to attack his worldly beatitude, nor his ordinary title, and much less his temporal felicity; I mean, therefore, fuch a beatitude as St. Peter enjoy'd, when Jefus Christ said to him, bleffed art thou Simon, fon of Jonas; for, being predeftinated to glory, he was affur'd of recovering himself from his lapfes by repentance. But I can hardly think the Pope is fo abfolutely confirm'd in grace as the Angels were after the fall of Lucifer, and St. Paul after his converfion; for if the Popes had this precious priviE 4

lege

lege, Pope Marcellin would not have facrific'd to idols for fear of death. 'Tis true, he own'd his crime, confefs'd his guilt, and intreated the Council to inflict fuch punishment on him as he deferv'd; upon which the Council only put it home to his own confcience, and he became fo good a penitent, that he afterwards obtain'd the crown of martyrdom. His fanctity was the fruit of his repentance, not the fign of his innocence. Now, if a Pope may err so far as to fall into idolatry, his pretended infallibility cannot be made an article of faith, and I don't believe

* Marcellinus, the 30th bifhop of Rome, including St. Peter, fucceeded Caius, at a time when the Church began to reft from perfecution; but the emperor Dioclefian being acted by the perfecuting fpirit of his predeceffors, Marcellinus, for fear of being put to death, did not fcruple to offer facrifice to Jupiter, Hercules and Saturn, in the temple of Vefta. Some. time after his fhameful apoftacy, a great number of priests and believers affembling at Sinueffa, near Rome, Marcellinus was call'd to an account for his conduct, when he own'd his fault, and defir'd punishment; upon which, 'tis faid the members of that affembly anfwer'd, prima fedes a nemine judicatur; tu reus, tu judex; ex ore tuo juftificaberis, ex ore tuo condemnaberis, i. e. no body judges the chief See; thou art both criminal and judge; out of thy own mouth thou shalt be juftify'd, out of thy own mouth fhalt thou be condemn'd. 'Tis added, that the fcandal of his action touched him fo to the quick, that he went before the judges, boldly confefs'd Jesus Chrift in their prefence, and washed his guilt in his own blood, by fuffering martyrdom at the end of the 8th year of his pontificate. Some authors, great fticklers for the Pope's infallibi lity, treat this hiftory as fabulous; but tradition has preferv'd it fo carefully in the office of the Church, that it cannot be queftion'd, without giving the lie to an infinite number of Facts receiv'd on the fame authority.

believe the champions of the court of Rome can be fo fenfelefs as to require it. Indeed, when one puts the question to them, whether the Pope is liable to err or not? They fay, error in opinion must be distinguish'd from error in practice; that as to practice, the Pope is no more than other frail men; and may therefore be either faved or damned; but that as to opinion in matters relating to the government of the Church, he is infallible by virtue of the dignity granted by Jefus Chrift to Peter, and in his Perfon to all his fucceffors. But to this it may be anfwer'd, that all the actions of men, whether good or bad, have one and the same juft or unjust intention for their principle; befides, man commits no crimes, how enormous foever, but with hopes of finding his account in them. With this view the revengeful perfon fatisfies his revenge, the covetous perfon heaps up wealth; and fo of others, fallimur rátione boni. From hence it may be concluded, that whosoever is capable of finning, is capable of having an evil thought; for the will being blind, fubmits tamely to the dictates of the heart. St. Auguftin says, beatitudinis caufa faciunt omnes homines quidquid boni vel mali fa"ciunt.

But we will refer the examination of this infallibility to the XIIth Chapter, and will own it with the above diftinction, tho' there are many who pretend it died with St. Peter, and that it was a perfonal privilege, in no wife attached to his dignity; but as I faid be

fore,

fore, I chuse rather to be lavish in my obedience, than to rob the Pope of that juft duty and respect we are obliged to pay him.

It follows from what has been already faid, that the sentences of all judges whatsoever are subject to appeals; that excommunication is a sentence the most liable to it perhaps of all others, for want of the proofs requifite to eftablish the juftice of it. The bare appearance of proof is fufficient to vindicate the equity of other fentences, whereas excommunication ought to be founded on a certain knowledge of the person's criminal intention; which is a circumftance that can be known only to God. It follows alfo from the premiffes, that the Pope is not infallible in all things, one Pope having been guilty of Idolatry; and that an appeal entirely fufpends the effects of a fentence, till definitive judgment is pass'd upon the cause; so that an excommunicated perfon who appeals, is, during that interval, no ways affected by the excommunication. As to the court of Rome's refufal to admit of an appeal, because the Pope, by whom fentence is pronounc'd, has no fuperior that can amend his judgment: I answer, that's only a reafon of ftate, dictated by felf-intereft, which rather than admit of a fuperiority in any other, would oblige the pretended criminal to acquiefce in the first sentence, tho' it were pronounc'd by the judge in caufa propria; but this single circumftance is fufficient warrant for an appeal;

and

and I fain would know of thofe gentlemen, whether every prince, whofe authority is independent, ought to acknowledge a fuperior in temporals. If they anfwer in the affirmative, who does not fee that it deftroys the fuppofition of fuch princes being free, independent, and not feudatory? If they say no, then fuch prince ought not to fuffer an appeal when any of his fubjects put in a plea against him on account of taxes, damages, or freehold; yet we see free princes every day, whether kings or emperors, permitting their fubjects to bring their caufes into the court of exchequer, not only in the first instance, but also in the nature of an appeal; and if the ordinary judge of appeals be not in the way, they name one ad hominem, to the end that the person, who thinks himself injur'd,may have an opportunity to offer all his reafons against the demands of the attornies of the exchequer court. Now does this permiffion in any wife diminish the prince's fuperior authority? does it injure his honour? Or rather on the contrary, does he not display his equity, in ftooping fo low to his fubject, as to give him the liberty of pleading boldly against himself? therefore the zealots for the court of Rome must acknowledge, that the Pope would not lose an ace of his fuperiority, but rather manifeft his honefty, by admitting of appeals, and appointing certain judges to examine the equity of his fentences; whereas by refufing appeals, it would feem

that