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have the use of reason, will deny, but a king , ments that the society ever used. But my dedeposed by the pope, is such a tyrant, a mere sign is to shew the fraud, not the weakness of usurper, without any just title; and therefore the bis discourse. Let the reader judge how true Jesuits cannot deny, but it is their doctrine, that that is which he swears concerming bis indoaking deposed by the pope, may be killed by any cency, by the truth of what he protests concernone.

ing the Jesuits doctrine. Both require equal Or if all the Jesuits in France will make no regard, both being the asseverations of a dying more than one Mariana, let us see if the Jesuils man; yet both might be true in his account of other nations may possibly do it. Bomen by this artifice, how false soever in themselves, cina tells us, that Valentia, Suarez, Lessius, and so might innocently be asserted by a dying Molina, Filliucius, concur with him and many others, in this assertion : Licitum, est homini As for their prayers for the king, I do not privato, occidere tyrannum qui absque ullo titu- well understand them; they would have it lo usurpat, &c. It is lawful for a privale man thought, that they had no design to kill the king to kill such a tyrant as has no title, tom. 2. who can pray for his prosperous reign. But do de Fastit. Disp. 2. q. 8, punct. 3. n. 2, et 3. they think that his majesty can truly prosper

The premises considered, if F. G. understood till he turn Roman Catholic? This they hearthem, either he intended to deceive the people tily wish, no doubt; wliether they can pray, or with a downright lye, or with a gross untruth no, I kuow not. under the covert of a secret reservation; both However, it need not seem strange if they are alike heinous to us, and this latter worse, should equivocate in their way of praying, since because there is less fence against it, but in they allow of plain lyes in their public liturgies, charity I incline to think he used the latter, which divers of their own authors express chembecause in such cases they count it sinless and selves sensible of. F. Garnet having composed innocent, and not to be declined at the point some prayers for the good success of the Powe of death.

der-Plot, and using them amongst bis party, And two reserves he might make use of, one when he was charged with it, inade use of such in reference to the word king; Jesuits are not a plea as becaine such a Jesuit; he said that he for king-killing doctrine : for they will have made not those prayers with that meaning that kings first deposed by the pope, or by heresy, the thing might fall out according to the mind and then they are no kings, and so they may of the conspirators, but rather cross to their debe killed by any men, and yet no king may be sires, that so the safety of king and kingdom killed by any private person. All ihe kings might be provided for: So that when he prayed of England, Sweden, Denmark, &c. may be for the ruin of king and kingdom, yet his meankilled one after another, by the Jesuits doctrine, ing was, that they might be preserved aud prosand yet by that doctrine no king at all will be per: And so when our Jesuits pray for the killed. Or be might use another reserve with king's prosperous reign, why may not their respect to the words 'private persons,' under- meaning be his utier destruction for this is alstanding reservedly, persons that bave no together as likely as the other. But there is authority from the pope, or any under no penetrating a Jesuit's meaning any where, no him. And this fraudulent reserve, F. Parsons not in his prayers; for whatever the words might help him to who to avoid the charge, thereof seem to be, the meaning may be quite that they held a king condemned or deposed, may contrary. So it was in F. Garnet's time, and be killed by a private person ; he denies that the world is not much mended with the society a private man as a private man, i. e. by pri- since vate authority, can kill any prince.(n) And in The forces of Charles the 5th having taken this sense neither Grove, nor Patrick, nor any the Pope prisoner, the Emperor orders that other who undertook this horrid murder can be public prayers should be made for bis holiness counted private persons : for they did not un release. The world thought that he might have dertake it by their own authority. And the saved his prayers, and given him liberiy, instead meanest and most private persons in these of begging it. To be sure, his majesty might three kingdoms, or any other nations, may as well enough spare the Jesuits prayers, if they sasinate ihe king, by the Jesuits doctrine, if would forbear their plotting against him. But they have the pope's, authority for it, immedi- to proceed, ately or mediately: and yet by no means must Secondly, They maintain, that when they the doctrine of the Jesuits be charged as allow- may lawfully speak what is false, they may lawing that private persons may kill kings; and the fully swear it; it is the common doctrine of the reason is, because the pope's executioners are Romanists. F. Parsons assures us, “ That all no more private persons than the common divines bold, that what may lawfully be said, hang-man (as the Jesuit gravely explains it) may also be lawfully sworn." (0) And again though he use but his ax once.

says be, “ It being a most ceriain principle, What he adds coneerning Harry the fourth as well in reason as in divinity, that what a was sufficiently confuted by Chastell, first, and man may (by virtue of mental reservation) after by Ravillac, by the most effectual argu- truly say, he may truly also swear."(p) So Les

(n) Sober reckoning cap. 5. num. 44. p. (0) Mitig. c. 11. sec. 9. num. 42. p. 168. 322. vid. Suarez ubi supra, 12.

(P) Mitig. c. 11, sec, S, puun. 17. p. 449.

sios, “ As oft as it is lawful to equivocate, it is They would have it observed how confident
lawful to use an oath, if it be needful, and some they are in swearing themselves guiltless.
notable cause require it." (9) We heard Tho. « I am not now upon terms to speak
Sanchez before, with the concurrence of many other than truth, and therefore in bis most holy
other authors, determining, That he who swears presence, and as I hope for mercy from his di-
he did not do something which indeed he has vine majesty, I do declare to you bere present,
done; yet by the help of some mental reserva. and to the whole world, that I go out of the
tion, he neither lyes, nor is forsworn.(r) Add world as inuocent, and as free from any guilt
but Jo. Sanctius, who will make it needless to of these things laid to my charge in this matter,
add any more; “ That cause which does ex. as I came into the world from my mother's
cuse a lye by a reserved equivocation, is suffi- womb;" So Thomas Whitebread.
cient also to 'excuse an oath."(s) And for this " I do here declare in the presence of Al-
he alledgeth many authorities. (t)

mighty God, and the whole court_of heaven
F. Garnet being one day by his judges con- and this numerous assembly, that as I ever hope
victed of many lies, when he was brought back (by the merits and passion of my sweet Saviour)
to the Tower, there again he was examined for eternal bliss. I am as innocent as the child
whether he did not repent of this infamous art, unborn of any thing laid to my charge, and
and did seriously believe it lawful? Or only for which I am here to die :” So William Har-
used it for that time, necessity pressing him? court.
He instead of an answer, as his manner was, “ I do solemnly swear, protest, and vow by all
writ what follows with his own hand, and de- that is sacred in heaven, and on earth, as I
livered it to the examiners: “ This I acknow- hope to see the face of God in glory, that I am
jedge to be according to my opinion, and the as innocent as the child unborn of those trea-
opinion of all the schoolmen; and our reason sonable crimes which Mr. O. and Mr. B. charge
is, for that in cases of lawful equivocation, the me withal :" So Jo. Gavan.
speech by equivocation being saved from a lye, “I call God to witness, that I was never
the same speech may be without perjury con- in my whole life at any consult where any pro-
firmed by an oath, or by any other way, though posal was made, or resolve taken, or signed
it were by receiving the Sacrament." And for taking away the life of our dread sovereign,
subscribed it, “ Harry Garnet.”. And Casau- [I am as free from the treason I am accused of,
bon transcribed it out of the Jesuits own manu- as the child unborn)I vow to God as I bope
script. Casaub. Epist. ad Front. Duc. p. 202. for salvation, &c." So Anthony Turner.

This is their doctrine ; whereby it appears, “ I do declare before God and the whole that if a person be accused or condemned for world, and call God to witness, that what I a design to murder his prince, though he de- say is true, that I am as innocent of what is signed it as much as any assassinate ever did, laid to my charge of plotting the king's death, yet he may not only deny it, and yet not lye by as the child unborn. [As I hope for mercy at virtue of a mental equivocation; but though the hands of God, before whom I must shortly he be as guilty, and his own conscience tells appear, and give an account of all my actions] him he is as guilty, as any person that ever was I do again declare, that what I have said is condemned in the world; yet he may assert most true:" So John Fenwick. his innocency with oaths; and notwithstanding These are modest oaths ; they might have by this art, he may free himself from all guilt advanced many strains higher, and outdone F. of perjury, and all other sin. As they will Garnet, wlio swore in such a tone, as well nigh have him not to lye, though he assert that made his judges tremble; and they might have which is false ; so they will not have bim for- repeated the most horrid oaths a hundred times sworn, though be swear that which is false, in for confirmation of what they know to be most the sense of all that bear himn : And this quite false ; yet by this artifice they might have done destroys their credit, as to all their assevera- this without either lie or perjury, and with no

ions and oaths, how many and horrid soever less innocence “than the child in the mother's they be, when they think themselves concerned womb." Seriously such words in circumstances, to equivocate.

would have been very significant from men

whose principles allow of nothing but truth and (9)“ Quoties licet equivocare, licet uti jura- sincerity ; but from those whose doctrine bids mento, si necessitas vel causa notabilis postulat," defiance to both, they signify little, besides a lib. 2. De Just. et Jure, cap: 12. dub. 9. warning to take heed lest we be deluded. pum. 48. (r) Vide supra.

They that believe they niay speak what is false (s) “ Nam eadem causa quæ adest ad excu- in the sense of all that hear them, without sandum niendacium, equivocatione retenta, suf- either lie, or sin great or small; and also, that ficit etiam ad excusandum juramentum." when they may speak what is false lawfully, Select Disput. 46. num. 17. p. 330.

they may as lawfully swear it, what credit can (1) Angelus Sylvester, Navarr, Azorius, be given to their oaths, more than to their Valentia, Salonius, Sanchez, Toletus, Manuel, words ? And what regard can be due to the Chiliarchus, Suarez, Lessius, Del Rio, Sa. add words of those who declare it lawful to speak Bonacia, Tom. 2. disp. 4. 9. 1. punct. 12. n. 1. one thing and think another i and no less law. Ubi clmus Reg. Sanchez. Azovius, Lessius, ful when they are dying, than at any other time! Rodriquez, Valentia, Filliutius, Laiman. Those that would be believed against such evi

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dence as convicted these men, bad need be, their greater divines ! U! “ will not bave him persons of more than ordinary credit : But condemned, who to defend himse!t, makes use men of their principles are quiie broke as to of witnesses, offering themselves freely to testity this, their credit is uiterly blasted by their doc for bin by false oaitis.” (u) trine. They that count it lawful co deceive us, And for their further encouragement, will do it when they are concerned. And they their doctors determine, that in way of defence, declare it as lawful to deceive us by equivoca- and to weaken the credit of such as accuse ting at the point of death, as any time else; then, they may without mortal guilt charge and as lawful to delude us with solemn oaths, them with false crimes :() So Bannez, “ It is as any other words ; and bave thereby taught only a venial fault to charge a false crime upon us, that if we will not be deceived, we must a wituess unduly accusing us, when such a not, as the case stands, believe a Jesuit, whe- charge may serve to refute his cestimony (y)." ther be says or swears, do not when he is To the same purpose Ledesma, Oreila, bedying.

sides many more in Diana, who says, I know not what use knights of the post may opinion is probable enough (2),” (and that make of their doctrine ; it is so very favourable which is probable, is by their principles, lawful to their practice, and assures it of so much se- in practice, though it has no probability, but crecy and innocency, as no other doctrine in what the opinion of some grave doctors can the world besides; and so may be a shrewd give it). And Caramuell tells us, there are temptation to them to turn Roman catholics. more than twenty doctors who assert, that “he If they can but secure their ears, their con- who claps a false testimony upon any in his own sciences by this popish device may be safe desence, sins not mortally (a).”. enough : for they may swear that which is false We need not wonder therefore, that such when occasion serves, and yet persuade them- endeavours have been used to procure false selves they swear nothing but what is true ; testimonies, and forge odious crimes to disand so after perjuries continued for many years, credit the king's witnesses ; nor to hear T. W. they may be “ as innocent as when they were and J. G. charge them with false oaths and born."

false accusations, when they knew that they Hereby it appears that the witnesses from were true; for if it be but a venia! fault to do St. Omers bad no very hard task imposed upon this, to secure the reputation of a particular them by their superiors : For if they had given person ; it will be scarcely accounted any fault their testimony upon oath, as they were very at all, when the honour of whole societies and ready to do; and if what they testified were religious orders, and of the Popish religion itfalse, and they knew it to be so, yet by this ar self, is so much concerned, and stands in so tifice they had testified nothing but what was great need of such a vindication. true; and so though they were false witnesses, But the argument whereby they would jusyet no less innocent for all that, than any in- tify this doctrine is more remarkable; “ Why fants. Though it was as certain and evident will this be a sin," says my author, “if it be that Mr. 0. was at a consult at London, as lawful in defence of one's reputation to kill that these gentlemen were in court at the trial; another (b);" which is maintained by Soius, yet by this device, they might truly and innocently say and swear, that he was at the same (U) “ Testimonium falsum in farorem proxitime at St. Omers. Such is the virtue of this mi non est mortale, neque adeo quando dicitur admirable art, that it makes that which is ly- ut idem impediatur injuriam facere, quoniam ing and perjury, both in itself, and in the sense neqoe hoc est contra ipsum.” Præceptum of all the world besides, to be a most innocent | Exod. 20. “ sub illa forma constituitur, non and sinless thing, and no worse than a very loqueris contra proximum tuum falsum testimotrue testimony. But suppose these innocent nium,” Soto de Justicia et Jure, lib. 5. quest. 7. children (as J. F. calls them) were not capable art, 4. of this subtilty, yet they might have come off (w) « Victoriæ visum est non esse damnanlike innocence another way, and yet have done dum de mortali falsitate, qui ut suam tueatur the business which their superiors enjoined innocentiam, utitur testibus se ultro otterentibus them; for they came only to secure these Je ad testificandum falsum jurando,” vid. Lopez, suits, and other persons of quality, by their instruc. pars 2. chap. 44. p. 264. testimony; and if they should have given a (x) Guimen, opusc. p. 176. false testimony on their behalf, there had been (y) “ Solum esse peccatum veniale menda, no great harm, since a false testimony for ano- cii objicere crimen falsum testi iniquo, quando ter is no crime but only that which is false and talis objectio protest ad refutandum ejus testiagainst him too, which is plain by the words of monium.” Bannez, 2, 2, quest. 70, artic. 3, the commandment, Thou shalt not bear false dub. 2. witness against thy neighbour ; it is no prohi- (2) Part. 9, tractat. 9, resolut. 43. bition to bear false witness for him, as is gravely (a) Theologia fundament. mum. 1151, “Vi. observed by one of the most eminent divines in ginti et plures doctores asserunt, eum qui imthe council of Trent, and confessor to Charles ponit falsum testimonium alicui, ut suam justi, the fifth, who on this account will have " a tiam et honorem defendat, non peccare morta, false testimony excused when it is to hinder liter.” one from doing of injury." And another of (b) Guimen. ibid. p. 177.

Bannez, Salonius, Arragon and others, with, it is no sin to kill all the witnesses that bring in whom Diana concurs, affirming it to be their any evidence concerning this horrid plot, common doctrine. Amicus (c) the Jesuit thus though their testimony should but endanger delivers it ;

the life or reputation of one particular person ; “ It will be lawful for a clergyman or a reli- what murders will they not then think lawful to gious person, to kill him who threatens to secure so many of all ranks aud qualities as are charge him or his religion with great crimes, engaged in this hellish conspiracy? The proviwhen there is no other way of defence, as there dence of God is to be adored and admired, and seems to be none, if the accuser be ready to de- to this it must be ascribed, that the king's witclare those crimes to great persons, unless he nesses are not all murdered; conscience doch be killed."

not, cannot restrain them from attempting it: He that observes this, will not wonder if they for their principles have left them do conscidid not scruple to murder sir E. Godfrey, or ence at all, as to these and many other borrid that some priests were so forward to be his things; but their ill success in the murder of executioners; nay, it threatens those who are sir E. Godfrey may be some discouragenient, no way so dangerous to them and their reli- God in mercy so over-ruling it, that what they gion, as his discovery was like to prove, if they made account would quite stille all discovery of had not prevented it by this their sinless expe- the plot, is become a most clear and pregnant dient, a inost barbarous murder. However, evidence of it, as my Lord Chief Justice Scroggs Guimenius (d) produces very many doctors in (to whom the nation and the Protestant relijustification of it; and Caraisuel defends it as gion will owe honour while they have a being) not only the doctrine of Amicus, but of Peter well observes. But that others may not think Navarr, Sairus, Gordonius, Sancius, &c. and as their lives secure, who never appear against a consequence of it, resolves another case thus : them as public witnesses, they teach, that priIf a religious man, yielding to the frailty of the vate aspersions are counted a sufficient ground flesh, do lie with a mean woman, who counting to murder men, though they be Papists (for it an honour to have prostituted herself to so Protestants may be lawfully murdered without great a person, does divulge it, and so disparage the least shadow of a crime, but their religion). him, he may on this account kill her (e). “ He who by whispers and detraction does en.

So that no sorts of persons must escape with deavour to wrong or to blemish any one, if the life, who have not a great regard of their ho. infamy and disgrace cannot otherwise be nour, who both by their priociples and prac- avoided, it will be lawful to kill him," so Peter tices, are the greatest dishonour to the Cbris- Navarr (8); to the same effect Gaspar Hurtian name, of any, that ever pretended to it. tado declares it “ lawful to kill bim, wbo by

But to proceed, M. Serra concurring with detraction may inuch endamage us, unless he Bannez, two doctors of great reputation be slain (h);" and Bannez adds, “ That this amongst them, having declared it “ lawful to is true, although the defect which the detractor kill him who goes to the judges to exhibit a makes known be true, if it be secret, befalse testimony," &c. a little after deter-cause then the discovery of such a defect is a mines, “ That the same will be lawful if one great injury ( 1)." And therefore F. W. might go to accuse one of a true, but secret crime, well send instructions for the murdering several when by such accusation there is certain danger divines who had detected the errors of their of death or disgrace." But he adds, “ This is doctrine, to the disparagement of their church; not to be publicly preached, because of the why might not he proceed in this way of vindirudeness of the vulgar, as Soto advises; but cation, when they count it not only lawful, but after the fact, it may serve to quiet their con- very compendious and most effectual? Howsciences (f)," who have killed others upon such ever hereby we may see, that their emissaries occasion ; i. e. it may be nade use of to keep from St. Omers (who have led us a little out of them from repenting of their murders, per- the path, though not out of the way) have done suading them that they are not sins to be re. but little of what they might have done lawpented of; they are lawful acts in the sense of fully, if their instructions had led them to it; the Roman doctors, or it may be meritorious, though in truth they need no other instruc. if they be heretics chat are slain, and so they tions, not only to make swearing, but other may be encouraged to repeat them as often as feats lawful, than the common writings of their they see occasion. So that by their doctrine

(8) “ Qui murmuratione et detractione in(c) “ Licitum est clerico vel religioso ca-juriam maculámq; interre conatur, licebit, si lumniatorem, gravia crimina de se vel de sua aliter infamiam et dedecus fugere non potest, religione spargere minantem, occidere, quando occidere.” De Restit. I. 2, c. 3, num. 371 and alius defendendi modus non suppetit." De 376. Justitia tom. 5, disp. 3, 6. sect. 7, num. 118. (h) “Licitum esse occidere eum qui de(d) Ibid. p. 191.

tractionibus nititur grave damnum inferre, nisi (e) Ubi supra:

oceidatur." De Justit. Disp. I. 1, diff. 11. “ Idem erit si quis vadit ad me accusan- ri) " Id esse verum quamvis defectus qui dum de crimine vero, sed occulto ; ex .cujus detractione publicatur, sit verus, si occultus, aecusatione mihi certum periculum imminet quia etiam tunc eum defectum pandendo fic mortis vel infamiæ,! Vid, ibid. p. 194. gravis injuria.” Vid. Guimenium ubi supra,

as

doctors. Let us now again come closer to our do not equivocate :" To this purpose his Jesuits.

words are represented by (n) divers, and parThirdly, they may use such mental reserves ticularly by Dr. Bernes a Benedictine, who or equivocations, when they are urged by says, That by Parsons doctrine ; way others not to use any, or when themselves pro- being once given to equivocating, you may fess and swear, that they use none.

" So often without end in infinitum equivocate by speakas good cause occurs for which we may use ing false, and swearing false (0)" But hear this ambiguous words or mental restrictions, the great doctor once more with the approbation of use of it is lawsul, although he that interrogates the greatest popish divines then in England: do urge, that you will speak without ambiguity “ For further direction of the party exor restriction (k)," so Peter St. Joseph. amined, let him adınit the oath with a secret " When one interrogates unreasonably by ex- intention of equivocation, and if he be more cluding equivocation, he that is interrogated urged to swear without equivocating, let him may use equivocation, by adding some particle swear that also, (viz. that he doth not equivoin his mind, by which the oath may be made cate) but with the aforesaid intention of equitrile (1),” so Bonacina and others in him. vocation." (p) The Jesuits in their speeches seem " As often as it is lawful in his own defence to very much concerned, that they may be beuse any equivocations, it will be also lawful, lieved; but being conscious, that their doctrine though he that interrogates do urge that equi- of equivocation has justly bereaved them of vocation be excluded," so Sanchez (m), alledg- all credit with those that are acquainted with it, ing for it Sotus and Arragon; and a little after they thought it necessary here to disclaim it he adds, “ The saine I affirm for the same rea- with oaths and protestations; and so to give son, how much soever the judge urges who in- inuch assurance, as those whose credit terrogates unreasonably, so far as to make the is so desperately cracked, can give, that they examinant swear, that he doth not make use of used no equivocation ; Two of the five expresly equivocations, and that he intends that which swear it ; " And I do moreover declare, that he saith without any equivocation. For he this is the true and plain sense of my soul in may also swear, understanding secretly that the sight of bim who knows the secret of my he doth it, as far as he is obliged to speak heart, and as I hope to see his blessed face, clearly, and expound himself, or by form- without any equivocation, or mental reservaing some other thought, which may make tion;" so 'T.W." And that you may be assured, his answer true.” F. Parsons speaks fully that what I say is true, I do in the like manner in bis treatise of Equivocations, approved by protest and swear, as I hope to see the face of Garnet provincial of the Jesuits and Blackwell God in glory, that I do not, in what I say unto the arch-priest “ If your incompetent judge you, make use of any equivocation or mental shall further ask, whether you do not equivocate, reservation," so J. G. They afirm, that they you may answer no, but with another equivo- did never design nor contrive the death of his cation ; if again suspecting you, he urges, whe- majesty, and I am confident it was as much ther this third time you do not equivocate, then their design to gain credit herein, as ever any the third time also say no, but with another thing was since they were designers; and theresecret equivocation, and so as often as be shall fore they swear it too ; ay, but they know that ask the like, likewise by equivocating say you

the world understands by their common doc

irine, that they judge it lawful to equivocate in (k) “ Quotis gravis causa occurrit, ob quam solemn oathis, and if they do equivocate, in licet uti verbis ambiguis, vel mentali restric- what terms soever their oaths be delivered, tione, ejusmodi usum esse licitum, etsi interro- they swear quite another thing than their words gans urgeat, ut sine amphibologia aut Gestric- and expressions do import, or those that heard tione loquaris.” De secund. præcept, art. 1. them do understand, and so if we believe them,

(1) Henriques, Arragon, Sanchez, et alii. we are merely cheated ; for what they speak, Tom. 2, disp. 4, quæst. 1, punc. 12, num. 5. is not that they swear, though those that hear (m)

« Quare idem sentio ob eandem ra- them take it to be so ; but it is that which is tionem, quantumcunque reduplicet iniquus in- spoken, together with something secret in the terrogator, ut juret se nullâ æquivocatione uti, mind, added to it undiscernibly, whereby it et absque omni prorsus æquivocatione id intel- becomes vastly different from what is exprest, ligere.' Adhuc enim jurarc potest intelligendo or contrary to it; so that when we judging only ita ut planè debeat loqui et explicare; vel by their words, do think, that they swear they aliad mente concipiendo quo verum id redda- had no intent to kill the king, that which they tur. Op. mor. lib. 3, cap. 6, num. 45, p. 32. swear in their own sense may be their inten

Cum respondes incompetenti judici per æquivocationem, si ulterius petat utrum æqui- (n) Dr. Morton of equivocation, p. 99. vocas an non, respondebis non, sed cum alia antilog. p. 13. æquivocatione ; si adhuc suspicans te æquivo- (o) At veró, ut docet Parsonius, tractatu de care, urgeat an non hâc ultimâ vice æquivoces? | æquivocatione, semel data causa æquivocandi responde non, sed cum alia secreta æquivoca- potes in infinitum falsum dicendo æquivocate tione ; et sic toties quoties idem vel simile à te ac adeó pejerare. Ibid. petet, responde toties æquivocando, Barnes de (p) Treatise of Equivocations, cap. 10. æquivocat. pag. 174. .

in Morton, ubi supra.

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