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tion to kill him : So that there can no credit | inconvenience or injury is like to befal us, by be giveo to their words or oaths, uoless they speaking plainly. Or as they express it more can secure us that they do not equivocate. To generally, when a man is concerned to keep secure us of this, they swear they do not equi. something secret ; so Toledo, (a) equivocation vocate ; ay, but their writings, and those par- may be used, especially when it is expedient to ticularly which were calculated for them in conceal a thing : So Sanchez, (y) alledging for such circumstances, assure us, that by their it, Sylvester, Sotus, Ledesma, Navarr. doctrine they may lawfully equivocate when Now no person can be more bighly conthey swear that they do not so ; and that they cerned to keep a thing secret, than these men to may use equivocation when they are swearing conceal the plot; both for the dangerous conagainst it; and that how often soever a man sequences of their discovering it, and the great swears, he will use no equivocation ; yet so advantages they might expect by concealment; often he may lau fully equivocate in swearing it. by insisting on their own innocence, and asThus their doctrine plainly bids us despair that serting it even unto death, they might expect we can ever be secured from their equivocating, vast advantages. The plot cannot be more and so long as we cannot be herein secured, we effectually promoted, than by making us becan have no ground to believe either their words lieve there is none; and it will hardly be or oaths; and if we will believe without ground, believed that there is any conspiracy of this especially wien we have just cause to think nature, wherein there is no Jesuit; and it may they have a design upon us, as unquestion- be concluded there is no Jesuit in it, if the ably they had in those speeches, we shall in principles of the society (such as these were) plain English shew ourselves no better than had no knowledge of it. Their denying ali fools, and such as herein neither exercise true tends to make all, before taken for granted, to charity nor common reason.

be again called in question, and to encourage Fouribly, By their doctrine they may law- those who are still carrying on the design to fully use such mental reserve or equivocation, proceed vigorously, since they may still work which in their account makes their speaking or under-ground, and not be discovered, no not swearing falsely to be innocent, either without by those that suffer for it. Also to make any reasonable cause, or upon a slender occa- some weak-ininded Protestants stagger who sion, much more w ben they apprebend weighty hear the confident words of these dying priests, reason for it. Filliucius iq) enquires, “ What but are not acquainted with their fraudulent sin it is to make use of equivocation without arts, nor suspect any depth of Satan in so any reasonable cause ?" And concludes that in smooth language, and will hardly believe rigour it is no lye, nor any perjury. F. Garnett (knowing what their own religion teaches) that when prisoner in ihe Tower, being required to any Christian durst go out of the world with declare his Judgment concerning this point, false oaths in his mouth; or that there can be gave it in writing, and it is yet kept upon re- any device, which will make such a horrid cord ; “ Concerning equivocation, this is my thing to be innocent. It tends also to weaken opinion--- () As often as there is occasion the credit of the witnesses, and disparage the for necessary defence, or for avoiding some in- justice of the nation; and occasion such alterajury or damage, or obtaining some good, with. tion in the ministers thereof, as may be more out the peril of any man, then equivocation is for the security of the conspirators. It may lawful.” A man, says Diana, /8) mayswear what also allay the spirit of the nation rouzed and is simply false, adding something in his mind appearing in some heat, against those who to make it true, as often as there is just cause; were before apprehended to be the contrivers now a just cause may be necessity, or profit, in of its utter ruio. It may also incense foreign respeci of body, honour, or estate. “There is princê' both against us, and innocent Projust cause," says Sanchez, (t) “ for using equi- testants under them, for proceeding against vocation, whenever it is necessary or profitable priests or papists as such, without any other for the securing of bodily safety, or honour or crime, but what is pretended. Io fine, hereby outward enjoyments, &c." It is not unlawful, they miglit expect to die as Martyrs in the acsays Bonacina, (u) to equivocate as often as any count of Papists, and as innocent persons in

the judgment of others; whereas, if they had (9) Dico secunde probabilius videri non esse confessed all they were conscious in, it is like mendacium, nec perjuriun, Mor. Tom. 2. they might have been rather looked on as Tract. 25, cap. 11, n. 330, p. 204.

monsters, or incarnate devils. Such advantage (r) Casaub. Epist. ad Front. Duc. p. 197, they might expect, and more they might fancy where he observes the words, without peril, than I can give account of, by defending their revera non nisi ad speciem adjiciuntur. innocency to the last breath. But on the

(s) Potest aliquis jurare simpliciter falsum addendo aliquid, &c. part. 3, tract. 6, resol. 30. aliquam in mente retentam, quoties aliquid in

(t) Causa vero justa utendi his amphibologiis commodi vel injuriæ nobis impendit, loquendo quoties ait necessarium aut utile est ad salutem ad mentem interragentis, Tom. 2, disp. 4, quest. corporis, honorem, res familiares tuenda, &c. 1, punci. 12, n. 4. Op. Mor. lib. 3, cap. 6, n. 19.

13) Potes ounc uni æquivocatione marime (4) Ex quo sequitur non esse illicitum uti cum rem celare expedit, lib. 4, summæ, cap. verbis amphibologicis, addendo restrictionem 21, 1, 9. (y) Ubi supra.

other hand, if they had confessed whai they | zealots have accused them as traitors to the were charged with, they had gone near to have grand design and the Catholic interest, so broke the neck of their own design, which much concerned in it, if they had exposed all seems dearer to them than all their concerns; their concerns to hazard by an open and free and exposed the hopefullest plot that ever the confession; when as they had a way to deny society was big with, for the utter extirpation and forswear all that they knew themselves, or of the Protestants, and their religion, to apparent others were guilty of, without the least sin in hazard of miscarrying. They had endangered the world? Instruct but the greatest maletheir whole party engaged with them; the lords factors in this art, and assure them that they in the Tower, and other persons of eminency had may use it without sin, without any danger to been hereby prejudged, and in a manner half their souls, and if ever you hear of any confession condemned before their trial. They had quite of crimes froin them at the gallows more than silenced those, who have yet the confidence to from these Fathers, it will be a great wonder. question the evidence of the king's witnesses. But it may be said, These persons that sufThey had encouraged other of the conspirators fered were christians and teachers of others, to follow their leaders berein, and confess and not without some apprehensions of death what they knew, and so a full discovery had and judginent; and so it will be uncharitable been made of the plot; it had been quite to think, that they would so little regard their dissected, and all the horrid wickedness in the souls, as not by some confession to disburden bowels of it exposed to public view, and thereby their consciences, but pass into eternity withpopery itself in danger to be rendered odious to out the least touch of repentance, if they had the world, and renounced by those that love the been guilty of the horrid crimes they stand christian name, as utterly repugnant and most charged with. I answer, The Papists have reproachful to christianity, and to be abhorred found out other rules for the ordering of them by mankind, as that which bids defiance to selves in life and death too, than the gospel humanity itself. In short they had gone near prescribes and good christians will observe. hereby to have spoiled an expected martyrdom, But if they had been better christians than if they had confessed themselves criminals; or they are, they would have done no better, unat least to stain the glory of it, as F. Garnet less they had been of another judgment. Por did by confessing something, though no more how can it be expected, that they should parthat what was clearly proved against him, ticularly confess themselves guilty of any crimes, being not altogether so impudent as his suc- when they did not think any thing they died cessors, to out-face all evidence.

for, to be a crime? What they are charged "Now opon far less accounts than these, with may be reduced to three beads, a design equivocation in words or oaths is in the judg- to introduce popery, to massacre or destroy ment of their best casuists lawful at any time, the Protestants of these kingdoms, and to kil! the hour of death not excepted. Nor will it the king. Now in their judgment, if we may be any sin by the help of this art, to say or discera it by their doctrine, no one of these is swear what is simply false, when there is oc- a sin. And can you wonder that they died casion. Nay they count it not only lawful, but impenitent, when they saw nothing to be renecessary in less urgent cases than this before pented of? (1.) Could they count it a sin to us. And can any imagine our Jesuits to be restore the Popish religion in the three king, so silly, so unreasonably scrupulous as not to doms; and establish it, by advancing a prince venture on a few innocent oaths in the prospect to the throne, who would count it his glory of such advantages on one hand, and such utterly to extinguish what they count heresy, dangers on the other hand, as did not only in- both in these nations and other parts of the vite, but inforce thein to it, and made it not world? No sure, they look upon this as an only lawful, but necessary! Would they not heroic, a glorious design, more fit for a have been decried by their own party as fools triumph than any remorse, and at the furthest and dastards, if they had not stood it out to distance from any thing criminal. (2.) Do they the last, since those criminals are so accounted count it a sin to destroy and root out all whom by them, who having denied the crimes they they count Heretics, as they do count all those are guilty of at trial, yet confess all at execu- many hundred thousands in these three nation. When it had been the business of so tions? This looks like a crime prodigiously many years, when they had been at so great bloody and barbarous; but this is so far from charge, and run so many hazarıls to advance being a sin with them, that it is a necessary an heroic design, would they let it fall rather duty, and as much so as what God himself than support it by lying and swearing a little, commands. For proof of this, I shall not when in the judgment of their best doctors they alledge the opinion of particular doctors, but might lawfully do both? What ihough it could that which is of more weight and authority not be done without false oaths, they knew with them than hundreds of such testimonies; very well they can easily make them true, by a and that is a decree of a general council, sly, but harmless trick. There is not the the most numerous of any we meet with, greatest lie nor the falsest oath that ever was viz. that of Lateran under Innocent the heard, but if it were in the mouth of a Jesuit, third. There* all secular lords and princes, with one secret cast of his mind, he could make it as true as the gospel. Might not their * Vid, Crab, tonn, 2, Concil. p. 948. VOL. VII,


higher and lower, are injoined to root out all person ; so Aquinas, whom multitudes of their Heretics out of their territories ; and if they doctors follow: my author names near twenty neglect it, their dominions are to be seized on a little before, many of them Jesuits. by Catholics, who exterminating the Heretics If they grant that he ever had any good shall possess them without controul, and pre- title to the crown (which some of them dare serve ihem in the purity of the faith. This is question and deny too in terms too intolerable one of those decrees, how sanguinary soever it to be mentioned) yet they will have him a be, which they will have all Catholics high and tyrant on the account of misgovernment : for low to observe and obey as the precepts of God so (as they teach) is every heretical prince. and Divine Constitutions. And they are not Suarez describing these kind of tyranis, conexcused from this bloody obedience, but for cludes thus : “ Amongst Christians that want of power to execute it with safety to prince is most of all to be reckoned amongst themselves, as Bellarmine (a) and others de- this sort of tyrants, who induces his subjects clare. And now at last, after so many years into heresy, or other kind of apostasy, or public patience perforce, they had power enough in schism ;"re) and others of them express themtheir prospect. An army of 40 or 50,000 selves to the same purpose. Now of the killarmed men ready to be levied, under officers ing of such a one thus this great Jesuit delerwhom the pope thought worthy of commissions mines after Soto (f): “A king who is for that service, backed also with Catholic as

a tyrant in respect of misgovernment, may not sistance from abroad; might be thought suffi- be killed by whom you will; but after seucient to execute this merciful canon effectually; tence is once passed, any one may be inade bis And as obedience herein is necessary, and executioner ()." After sentence is passed they sueh as in cooscience Roman Catholics cannot say, but what kind of sentence they express decline; so it is meritorious (and how far is not. That he may be lawfully killed by a prithat from being sinful ?) The reward of their vate band ; they think it requisite that he be merit who will engage thronghly in this blessed first deprived, and that must be done by senwork, for the utter exterminating of Heretics tence of the pope. But many of them deter(Protestants) every where, is no less than mine, that when the crime is notorious (for expardon of all sins, and a greater measure of ample, when a prince is notoriously known to glory in Heaven. So that our papists may not be a heretic) which is our case, there is no only skip clear over purgatory, and jump up need of a declaratory sentence; the pope's into Heaven immediately, but obtain a more constructive will, though he express it not, will glorious crown there, than others ; by doing serve instead of such a sentence, having the such barbarous execution upon Protestants. full power and virtue of it. So that when it But this you may find more insisted on (6) may be supposed, that it is his holiness will to elsewhere. (3.) Do they think it a sin to kill have a prince excommunicated or deposed (as the king? They do not, they cannot think so, it must be always presumed in case of notoif they understand and believe their own doc- rious heresy) though he declare it not in any trive.' Their doctors assure them, it is no sin formal way, yet it is as good to all effects and to kill a tyrant (c); and they will bave our king, and others in his circumstances to be (e) “ Et inter Christianos maximè est in tyrants one way or other, either for want of hoc ordine (viz. tyrannorum) numerandus Prinjust title, or upon the account of misgovern- ceps, qui subditos suos in bæresin, vel aliud ment, if not both ways.

apostasiæ genus, vel publicum schisma inWhen they deny him to have any title, as ducit." Ubi suprà, num. 1. So Reynolds : they always do upon supposition of the pope's “ Facile constat cum qui quamcunque tuetur deposing him, and sometimes without respect hæresin apuil Christianos, non minùs propriè to any formal deposition, then their common perfectèq; tyrannum effici; quàm qui apud doctrine carries it clear, and with a strong cur Philosophos spreta civitatum conservatione, rent, any private person may lawfully kill omnia in Republica stupris, rapinis, et homihim : (d) It is asserted, that a tyrant, on the num cædibus implet Rosæus, pag. 157. account of title, may be slain by any private Masconius, tenens regnum contra formam juris

et mentem Papæ, dicitur Tyrannus, De Imper. (a) Bellarmin. de Laicis, 1. 3, cap. 22, pag. Reg. pars 1, cap. 2. 1319. Bannez in 22. Thom. quæst. 12, artit. 2. (f) Lib. 5, de Justit. quæst. 1, artic. 3. Boucher. lib. de justa abdicat. Henric. 3, pag. (8) Licèt Rex in solo regimine tyrannus, 278.

non possit à quolibet interfici; latâ verò sen(0) Practical Divinity of the Papists, cap. 7, tentiâ quisque potest institui executionis misect. 5, pag. 206.

nister. Suarez ubi suprà, num. 18. (c) “ Tyrannum occidere honestum est, Emanuel Sa verb. Tyr. n. 2. Tyrannicè guquod cuivis impunè facere permittitur, quod ex bernaus justè acquisitum imperium, non pocommuni consensu dico.". Dr. Boucher the test spoliari sine publico judicio : larâ verò Jesuit, ubi suprà, pag. 362.

sententiâ potest quisque fieri executor. And (d) “ Nam asseritur hunc tyrannum quoad this Victorellus confirms there by the concurtitulum, interfici posse à quacunque privata rent judgment of Valentia, Aquinas, Soto, Sapersona." Suarez defens, fid. l. 6. cap. 4, lonius, Bandez, Sylvester, Tulet, Aragon, pag, num, 7.


purposes as a declaratory sentence of excom-, kingdoms; and so make them tyrants and munication or deposition. Bannez a great usurpers, liable to be killed by any haud lawdoctor in their schools tells us, “ This is the folly, without any declaratory sentence of the judgment of Felinus, and Cajetan, and the pope. Suarez (u) having declared that a cominon doctrine of Aquinas's followers," (h) prince deposed by the pope, beremes tyrannus that subjects may shake off all allegiance to sine titulo; tells us, this is more clear in an their prince, even “ before the sentence decla- heretical king. For be, as soon as ever he is ratory of the judge;" and tells us, they prove tainted with heresy,“ ipso facto loses some way it by what is now alledged, because in this

his propriety and title to the kingdom." And case the constructive will of the pope has that which he minces, their authors generally always the force of a sentence." The Jesuits assert without restriction, That heretics trom agree herein, if we may believe Father Par- the first diy that they are so, lose all title to sons, who says, “ It is universally concluded what they possess, even before any judicial senboth by divines and lawyers, that every bere- tence. Sanchez íb) produces above forty doctical prince is utterly deprived of all power tors for this, and biniself saith, It is exceeding and dignity, both by the law of God and man, probable. And Suarez (c) after he bath named and this before the sentence of the pope." (i) many of their more ancient authors of this Their great Panormitan laid the ground of this judgment, tells us, It is the common doctrine conclusion long before, who determines, “ That of their modern writers. So that by this docwhere a crime is notorious, there is no need of trine, so common amongst thein, an heretical a declaratory sentence." (k) So that by their prince is deprived of all utle to the kingdom he common doctrine, our king, (or any prince possesses, the very first day that he is an herewhose heresy is notorious) may be, or is de tic, without expecting the sentence of pope or prired and consequently may be lawfully other judge. And this they will bave extended killed by any one) before the pope bas excom- to an heretic's children to the second generation, municated him by name, or deprived him by though they prove catholics. For though this any public declaratory sentence. And their seem severe, and it was more favourably deterpractice is answerable. The wisdom of the mined in the Code, exempting catholic children Roman Court will have it so ordered, when the from the punishinent incurred by their parents; pope is in a capacity to make an opeo attempt yet in the new canon law (as Suarez (d) tells upon a supposed heretical prince by force of us) it is otherwise decreed.' And catholic ciuilarms, theu he publishes a declaratory sentence, dren are declared to have no title, if their proas he did against queen Elizabeth before the genitors lost it by heresy. For this being Spanish Invasion in 1588; but when a private spiritual treason, the punishment must be promurder is designer, it is not advisable to pro- portionable, and reach both the criminal and ceed so openly; the circumstances of the at- his heirs. Thus for example, king James being tempt require secrecy : and so in this case, in their account an heretic, he lost all title to either a sentence not published, or the pre- these crowns, both for limself and his children, sumptive will of the pope, or the general ex- and childrens children, whether they be Roman communication thundered against all heretical catholics or no. So that the duke of York can princes and persons every Maunday-Thursday, have no title, unless the pope will take off the will be enough; and Guy Fawks was not much attainder, and then revive the title for him, out, when he alledged that as a sufficient which hath been by their rules extinct in this warrant to blow up both king and parliament. royal family from generation to generation.

But they have yet another way (though less This is the condition of protestants, and all taken notice of) to leave those whom they whom they count heretics, they lose all pro. count beretical kings, without any title to their priety and title to their estates and possessions,

for them and their heirs to the second genera. (h) “ Nam in casu posito adest semper vo- tion : and princes are to expect no more tavour luntas interpretativa Pontificis—sed hæc volun- herein than others. For," say they, “in the tas obtinet vim sententiæ.” In. 2. 2. quæst. crime of heresy, no regard is had of any special 12. artic. 2. conclus. 2.

state, of any personal dignity or nobility : but (i) Philopater sect. 2, p. 109. “ Hinc etiam in favour of the faith, noble and ignoble for infert universa theologorum et jurisconsultorum heresy are equally punished.” So Roias, Felinus, Ecclesiasticorum Schola, et est certum, et de Carerius, Simancha, and Suarez (f) after them, fide, quemcunque Principem Christianum, si à who adds: “ This is established upon the best Religione Catholica manifesto deflexerit, et reason; for in matters of faith, and such as alios avocare voluerit ; excidere statim omni pertain to the salvation of souls, there is no potestate et dignitate, ex ipsa vi Juris tum distinction betwixt Jew and Gentile, bond or Divini tum Humani, hocque ante dictam sen- free," as Paul to the Romans and to Philemon, teotiam Supremi Pastoris ac Judicis contra Nay it proceeds with more force against kings. ipsum prolatam-atque hæc certa, definita et indubitata doctissimorum virorum sententia (a) Defens. Fid. lib. 6. cap. 4. num. 14. est."

16) Op. Mor. lib. 2. cap. 22. num. 2. (k) “ Cum est crimen notorium, non est (c) De Fid. spe et disp. 22. s. 3. num. 1. opus declaratione sententiæ excommunicatio- (d) Ibid. sect. 1. num. 3. pag. 775. nis. Cap. cum in homine, extrà de Judiciis." (f) Ubi suprà, sect. 6. num, 3. pag. 799.

“ For heretical princes,” saith Simancha," (g) ja sin to kill other kings, yet not ours, not any deserve more grievous punishment than private heretical prince, not any whom the pope has men.” Therefore they who will have all other deposed, or which is all one, declared heretic, supposed heretics to lose all title to what they either formally or virtually. For they are no possess, before any sentence past, must in all kings in the Roman stile, but tyrants./n) Furreason conclude this of princes, being equally ther, by this we may discern, upon what accomprehender under their common law for count they may disclaim with oaths, as these confiscation. So that by this doctrine the king- priests tiere do, the use of all pardons, absoludom of an heretical prince is confiscated, and tions, dispensations, or indulgences : For there his right to it extinct by his heresy, as soon as is no occasion for these, but upon supposition ever he is infected with it, before and without of some sin, whereas they did not judge any any sentence past against him: and if he or thing wherewith they were charged to be sinfui. his children to the second generation do pos. And in fine, if these detestable crimes were no sess it, they invade what they have no right to, sins in their judgment, who could expect they they are mere usurpers, and liable as tyrants should make any confession? If such horrid sine titulo to be killed by a private hand, any enormities may be consistent with the greatest one may be made their executioner.

innocency, why not any other wickedness Hereby it further appears with what truth whatsoever? And therefore whatever they J. G. asserts in the words of a dying man, that were guilty of, it is no wonder if they should all none of the society, besides Mariana, holds it swear, as one of them does, that he is the most lawful “ for a private person to kill a king, al- | innocent man in the whole world. They that though a heathen, or a pagan, or a tyrant.” It offer violence to kings opposing the faith, and is hereby evident, That not only the Jesuits, die on this most holy account, they are not to but other orders, will have it lawful for private be judged traitors to king or country, but Marpersons to kill kings, when they can suppose yrs of Christ, and deserve not punishment of ihem to be without title ; but then they call God, but elernal rewards in heaven, Reynolds those tyrants whom we count kings, and so Rosæus, p. 638. they inay kill all our kings successively, and yet To conclude I have great reason to be conswear (truly in their sense) that they never fident that these speeches were contrived for killed any king actually, nor ever designed or the promoting of their grand plot, upou which attempted to kill any one; because, forsooth, their hearts were so much set (their catholic inthey assassinated none but tyrants, nor ever in- terest being so deeply concerned in it) that the tended any other. And I do not doubt but if thoughts of death could not divert them. Their · Mariana were alive, he would swear as readily design in that was to destroy us and our relias any other, that his book was not to defend gion, and in order thereto, by these specious or incourage the killing of any by private hands, words they would deceive us; knowing well, save tyrants only. But then I question whether that they might ruin us more easily, more sud. we can find any (excepting J. G. and excluding denly, more unavoidably, if they could persuade menial reserves) who will cither swear or say, us that no such thing is intended. If they that there is any considerable ditference be- find us so weak, so facile as to believe some twist Mariana, and the rest of the Jesuits, fraudulent expressions, against so much rational above the doctrine of king-killing. They are evlence, and thereby gain this point upon us, all for killing of tyrants liy private persons; their work is in a manner done; and they will and he is for the killing of no other. But then do more at their death by putting out our eyes, botis be and etey are for the killing of beretical than they could do in all their life. To prekings, for these they all count tyrants. But to vent this, I have endeavoured to clear up to proceed; upon this account their doctors say, others two things, which to me are as clear as That against such a prince no treason cau te the day, and will be so, I doubt nut, to those, committed : for that is a violation of majesty, who duly consider the premisses. (1.) That 'crimen, læsæ majestatis,' wheicas in such a by their doctrine, though they were as guilty as prince there is no true majesty.(!) And by any malefactors that ever suffered,yet they might the help of this, might our dying priests protest assert their innocency with all oaths and asseand swear, that they were guilty of no treason, verations, and that truly and lawfully by the but as clear as the child unborn, of any trea- use of a secret reserve, or mental equivosonable crimes, or of any plot against the king's cation, which it will be no sin to use when they most excellent majesty; and so they might all are dving, though then they protest that tbey disclaim king-killing, or any design or contri.

This is done in the three first provance of the king's death: For the doctors also declare, such a tyrant is not called prince or venire hujusmodi tyrannum, et idco decreta king ; (on). and therefore if they should count it quæ dicunt non licere principem interficere,

hunc tyrannum non comprehendere, ut videri (8) Instit. Cathol. tit. 23. sect. 12.

potest in Gigante Tract. de crim. læs. Majest. 11) Ideo etiam Doctores dicunt contra hunc quæst. 65. idem ibid. Tyrannum non committi crimen læsæ Majes- (n) lo Doctrina Hildebrandica, tyrannus tatis, quia in tali Tyranno nulla est vera Majes- audit, quanvis legitimus Rex, qui à Pontifice tas. Suarez ubi supra n. 7.

fuerit excommunicatus, Casaub. ubi supra, (n) Dicunt etiam, nomine Principis non pag. 163. vid supra.

use none.

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