AN IMPARTIAL
CONSIDERATION
O F
Thofe Speeches,
Which pafs under the Name of the
FIVE JESUITS.
LATELY EXECUTED.
(Mr. Whitehead.
^Mr. Harcourt.
Viz. < Mr. Gawen.
jMr. Turner, and
(Mr. Fenwich^.
In which it is proved, that according to their Principles,
they not only might, but alfo ought, to die after
that manner, with Solemn Protections of
their Innocency.
LONDON;
Printed for Richard Cbifwell at the Rofe and Crown in St. haul's
Church-yard, MDCLXXIX:


R&/U- 6^
> - v
W^73 (i)
A N
AN S W E R
TO THE
Late S P E E C H E S of the Five Jefuits.
wfjti fj-".'::ii 010191303r>ru» f obofhabna dsnon > iiaw V3rh.
¥ | **<He words of(lying per forts have always been e(teemed of^ great eft
Authority, as Mr. Harcourt in his Speech doth obferve • and
j|^ at the firft fight, what was fpoken by him and his Aflbciates
juft before their Execution, doth feem to command it;
when Mir. Garven after the like Preface doth add, I do folemnly fwear,
proteft and vow by all that is [acred in Heaven or on Earth, and as I
hope to fee the Face of God in Glory, that I am as Innocent as the child
unborn, See. A Speech of fb great AiTurance, that if it were not for
the clearnefs of the Evidence that was brought in againft them, the
impartiality of the Court which they Rood before and were Con¬
demned by, the Order which they were of, and the curfed Principles
held by that Order ; and Laftly, other things fpoken by them at the
fame time that were rtianifeftly untrue, I fhould have had fo much
charity as to believe. But when all this and more doth appear a-
gainft them, and confute what they have with fb much confidence
maintained before God and the World, it will be a work of Juftice
and Charity to deteSfc their Hypocrifie; and to' fliew that the Jefuits
•have a Gofpel by themfolves.
And this I fhall do :
Fir(l, By fhewing that their prefent cafe is fuch, that although
they had been guilty, fuch a Proteftation of their Innocence was ne-
ceffary, if it might be confident with the principles of Religion.
Secondly, That fuch a Proteftation is confiftent with their Principles,
and what is agreable to the pra£Hce of their Order.
Thirdly, That from the confideration of their cifcumftances and
a careful perufal of what was faid by thefe pCrfbns at the time of their
death, there is fufficient reafbn to believe that they a£ted upon fuch
Principles.
Fir ft, It was neceffary for them at this time, and in their circumftan-
ces, though never fb deeply guilty, to ftand upon their own vindicati¬
on, and to vindicate themfelves after the moft folemn way imagina¬
ble. For if this Plot fhould be believed, and they difeovered to be
the Contrivers and Promoters of it, it would be a foul blemifh to
their Religion and fb great a difparagement to their Society, that
all their Art and Induftry could never be able to wipe it off. It would
awakert the Princes of Chriftendome, and they would never think
themfelves fecure till this Order followed that of the Templers, and
was Univerfally diifolved and extirpated. It Would make tfrofethat
B mean


mean well too among themlelves to abhor them , and open a fair
way for Proteftantilm to enter in upon them. And therefore it con¬
cerned them as much as might be to prevent it; and how could it
be prevented, but by this way that they have taken. For if they had
been filent under lo great a charge as this, all the World would have
concluded them Guilty ; or if they had but faintly denyed it, when
the Evidence was fo full and peremptory againft them, the luipitions
that are abroad would have increased, and the Evidence already gi¬
ven in would be further enquired into and made out. It was not a
lorry Evafion, or fbme puny Equivocation that would put a Pop to
thele milchiefs, and let them right in the opinion of the World, as
they well enough underftood; and therefore it concerned them, if the
honour of their Religion, or that of their Society was dear to them,
to betake themfelves to the molt formal Protections to enfiire it; if
lb be it might be done with confiftency to their Religion, or their own
lafety in another World.
Secondly, I fhall therefore fhew that fuch Protedations are confi¬
dent with their Religion, and that although they were never lo
Guilty, they might dand upon their own Innocency and Judication
to the Death. And that is to be done upon thefe Principles. (i ) If
what they are charged with be made Legitimate by a Superior Au¬
thority. ( 2 ) If they are under a precedent and fufficicient Obligation
not to confels what they are judly charged with. ( $ ) II thev are
indemnified and declared Innocent. ( 4) If they are charged before
an incompetent Authority ( 5 ) If the Charge it felf be laid wrong.
Firfi, If what they are charged with be made Legitimate and al
Jowable by a Superior Authority ; which may be done two waies.
Firfi, By a dilpenlation from the Pope, or by others ordinarily de¬
puted thereunto in their Church. This is what they do now deny
amongd us, confidently maintaining that a Dilpenlation is never gi.
ven beforehand. But this is vainly alledged, whether we confider the
nature of a Dilpenlation, which hath a relation to an a&ion yet to be
done, or to the continuation of it; or whether we confider the pra¬
ctice of their Church, of which we have a very modern indance.
For whereas the Marrying of a Brothers Wife, the Brother being yet
alive, is both contrary to the Law of God and Nature ; there is a
Prince now in the World that is dilpenled with in that matter, and
enjoys the Wife and Kingdom of his Brother by vertue of the Popes
Authority. Now if the Pope hath a Power of altering the nature
of things, and of giving a Dilpenlation for what would without that
Dilpenlation have -been in it felf unlawful; then the doing of an A-
&ion otherwife evil is, by vertue of that Difpenlation, no fin ; and he
that hath that for his Authority is lo far Innocent.
Secondly, The Adion may be made Legitimate, by vertue of the
command of luch a Superior, as they are bound fully and univerlally
to obey. And this is the cale of the Jefuits, who are under a per-
fed Subjedion to their Superiors, and whole commands they are
not to difpute. This is the firfi: thing which they are taught, to be
fo Conformable to the Catholick Church (which in their fence is the Pope)
that if it de fines that to be black, which appears to them to be white,
they


(3)
they are notwithfianding without more adoe to account it blacka. And -rff
this is an obedience which they are not only bound to yield to the p.%\.r^r.%.
Apoftolick Chair, but to the reft of their Superiors, and which their fntw.16^.
founder Ignatius writ an Epiftle on purpofe to confirm them b in. An pSr. &.Fratt.
Epiftle, that nothing can be added toor taken from, faith their General Societin Lufit.
Fr. Borgia c. An Epiftle that is truly Divine faith their General Mutuis
Vite/lefcus d, In this Epiftle it is that Ignatius doth lay down thefe AnutMije,
things. J
Firft, That they mujl look upon their Superior, not as a perfon obnoxious tmpm* Sof
to error, but as Chrijl himfelf-—who could not be deceived nor would deceive, cm p. 441,
Secondly, That Whatever their Superior commands or thinks, that they
mufi always be ready to defend, and by no means to reject.
Thirdly, Whatever he commands, that they muf refolye to look upon as
the command of Chrifi, and with a blind Rejolution without any doubt or de¬
lay , refolve to do e, without giving way to any humane reafonings and dif e N' I7*
conrfes, as their General Aquaviva expounds itf, that they renounce not f cl-
only their own wills, but underfiandings alfo, andfubmit them wholly to his, ca^ ^nm. 5.
without calling any thing into que (lion ; for otherwife the excellent vertue ofg ibid. n. 3.9.
blind obedience would fail, as Ignatius faith ", That every one mu(l per- &n'12,
fivade hitnfelfy that he is ailed and governed by Divine Providence, through h Pars. 6. c. 1;
his Superiors Orders, and that he ought to be in that cafe as a Carkafs, which
fnffers it felf to be carryed or difpofed of any way ; or as a jlaff in an old
mans hand, which he directs as he pleafeth, as it's fully expreitedin their
Conftitutionsh. Now if they are thus obliged blindly to obey their Su¬
periors, and that whatever they command them, is without any de¬
mur to be done , they are Iq far Innocent in their own account, and
think that they may lately without doubt, purge themfeives as fuch.
But they may fay that they are only obliged to this obedience ip.
things Lawful and no further, according to what Ignatius himfelf doth
fay % and is further confirmed by their conftitutions k. But is this P- H-
likely to be the fence, when their Superior is in the place of Chrifi 1, \
and whom they are to fubmit to-as to him, and whom they are to attend ^.234.
to whatever he be, how weak or inf efficient foever, as hereprefents the per- 1
fon of him, whofe wifdom cannot be deceived, as Ignatius faith m ? Is this <5. colfti'tut.
likely to be, when they mufi univerfally and wholly fubmit their own under- Pdr- 6- b. x.
fiandings to his, and are without delay or doubt to do what he requires ? flt'f'iSi
And that it is not fo whatever they pretend, is evident from their &i
own Conftitutions n, where the Title of one Chapter is, that the .Con- m EdT »• 3-
ftitutions do not bring any under an obligation to fin; but how little »}%s6m Ct Ja
it anfwers that Title, any one that reads the Chapter may perceive; p-gs6.
for it's there laid, that it feems to us—that no Conftitutions Stc. can fonlft[[
bring under an obligation to mortal or venial fin, unlefs tbe Superior in tiones,declara-
the name of Qhrijl, or in the vertue of .obedience fioould command it: and ' fif
then that may be done in the cafes fo judged of, which tends much to a pri- viventa p0jft
vate or univerfalgood. So that a general or particular good may make obiigatiomm
it lawful for a Superior to command what otherwife would be a fin;
and the Vow of obedience makes it neceflary for him that is under ride hdmf,
command to obey. By which means any fin fhall be none,and the great- nifi fu?erior **
eft Criminal be Innocent. « £3$
vel in virtute obedienti* juberet, quod in rebus vel perfonis illis in quibus judicabitur, quod ad particulate uniufcujufqi
vtl ad univerfale bor.um thulium conveniet, fieri poterit.
B 2 They


( 5 )
Sometimes Sin by the Pope's power thall be made none 3 and a Man (hall
violate his Oath, and by virtue of a difpenfation from his Holinefs (hall
become perjur'd without Sin. Sometimes the Guilty fhall be made inno¬
cent, and by the power of Abfblution lhall be able to fwear it. For if
a per jot 1 by confcjfion to a Priejl,and Abjolut ion front him, hath what is fuffici-
crt to Salvation, and to fet him right in the fight of God (as is the com¬
mon opinion among them * ) then it may be thought futticient alio to * Navar. Man.
make him innocent amongft Men, and to give him reafon to think fb. ^su*raj8.
This feems to be the ground of the prefent praftice amongft them$ as when v. Reu( ».
Gurphy., after his Abfolution denied at his Death with all aflurance ima-I2- &c-
ginable, That he was guilty of that Burglary, which he was in Ireland
condemned for 5 though the Kope breaking, he lived to confefs it f . tV
And this principle hath fb far prevailed at this day 5 that Mr. "Prance tionof
doth ingenuoufly acknowledg ||, that ifhehad been abjolved after theMur-
ther of Sir Edmond-Bury Godfry, as Hill, and his other Accomplices in it n pjg.
were, that he Jhould have probably perfijled in avowing his Innocence, as they k'*Narr*tnt.
did, and never or without extream difficulty have been brought to any acknow¬
ledgment.
4. They may plead their own Innocency, and juftify it with an Oath, (a) Mjt,gAt,o»
&c. if they ftand charged before an incompetent Authority. Of this>» £?«"•»• c. 8.
Opinion is Parfons, for he faith, (a) If a Judge be not lawful or competent, 2"
the party charged may anfwer as if he was alone, and no Man by, for that he (t>) De Tuft.
hath no necefjary reference to him at all, &c. And much to the fame purpofe ^ f
faith Lcjjius. (b) Now an incompetent Judge, is one that hath no lawful ». 47.
Jurisdiction over a Perfon 3 as may be gathered from Parfons. (c) And ^ c*
luch with them are
(1.) All Hereticks, who are incompetent, becaufe they are uncapable of^dNBm 'f r-
rult, a&Gab. Vafquez faith 5 (d) and as foon as a Prince is fallenfrom the fd/fTiti!"'
Catholic Religion, he prefently falls from all his Power and Dignity, faith §•8-
Parfons. (e) And thus was the cafe determined with an efpecial refpeft 194"
to England, as you may fee in Greg. Martin in lib. refolut. caf. and for he is faid to
Dr. Stilling feet's Sermon, on CM at. 10. 16. p. 42. of it,e by 1^/-
(2.) Such again according to Them, are all Lay-Magiftrates, with re- [on in his
fpect to the Clergy. A Prieji being exempted from all civil Jurisdiction, p"1
faith Bellarmine. (f) The belief of which led Emanuel Sa, fb far as to fay, }})Lib*de cUr.
60 Fhat Rebellion in a Clergy-Man is no 7reafon, becaufe he is not fubjeel to ^•3°-/'-554- 8°*
the civil Power. And Pellarmme faith little lefs, when he maintains c\lJJT.zd!t\
(A) that Kings are not the Superiours of the Clergy, and therefore f/ch are not Antwerp, t?
bound to obey them, but only as to matter of direction. This is clearly ftated (h°)r.is.
and applied to our purpofe by Parfons (i).- If a Judge, faith he, be not p-u8.
lawful or competent'-, as if a Lay-Magifirate in a Catholic Country would enquire
of matters not belonging to his JurijdiClion, as for example, facred or fecret: n. 51.
then he may anjwcr as if he were alone, and no Man by, for that he hath no
reference to him at all. For, as lie faith afterward, (k) Priefsboth by di- (\i) it>d. e.io.
vine and humane Law, according to Catholic Doclrme, are exempted from £
Lay-mens Jurifdi&ion. When therefore Priefts are brought before Lay-
Magiftrates, and Catholics before Heretics, they have a liberty to fay
what they pleafe, and what may beft ferve their purpofe and conveni¬
ence : they may proteft and fwear that they are Innocent, though never
fo guilty,that they know not what they know,and did not what they did.
C And


( )
And if they may thus ftandupon their own Vindication, how uiajulti-
fiable foever their cafe be in it felf,before incompetent Authority ; then
they may as well do it before incompetent Witnefles and Auditors. For
the Heretics at Tyburn have no more right to Truth, than thofeatthe
Old Baily ; and they may as well protejl and vow by all that is jacred, that
they are innocent, when they come to die, as when they were upon their
Trial; fince the People there, as well as the Judges here were alike in¬
competent and heretical.
5. They may plead Innocency when the Charge is laid wrong. This
we acknowledge when we lay that a Perlbn guilty of the ladf, may yet
plead not guilty as to matter and form. But now the Charge with them
fhall always be laid wrong, when they anlwer to it by Equivocation or
mental Refervation. For then it is not what the Charge is in it felf, but
what they charge themfelves with, that they direft their anfwer to. As
if a Perlbn be charged with a crime, but by an incompetent Authority
or illegally, he may fecurely lay, I did not do it, referving within him-
Jelftkat he did not do it in Trijon, or that he had no defign upon the Kingt
(13 LefTius dt thereby meaning a painted King (I). And this is a current opinion among
Dul'13*41 them. If a Judg be not lawful or competent, the Defendent may anfwer as
48. ' if he were alone and no Man by, and may frame to him felf any proportion that
is trite of it felf and in his own fence and meanings though the other that
heareth, underjlandeth it in a different fence, and be thereby deceived, faith
p8Jrfn"g§'i (m) If he be guilty, in fuck cafes he is to turn himfelf to Almighty
.7.51. " God the Judg ofdl, and framing to himfelf fome truerefcrved fence, may
fay I have not done it, I have not Jeen him, I have not lulled him 5 under-
Jlanding thereby that he hath not done it, Jo as the examination or punifhment
of it isfubjell to that Tribunal, or he JubjcU to their Jurifditfion, whereby
u bound to utter the fame to them ; as that Author further faith (n). But
(o) ibid.».4%. what if he be put to his Oath, Lejjius anfwers, (o) That as often as it is
lawful to uje a doubtful Speech, or aJecret Refervation, it is lawful to ufe an
Oath, if necejfity or fome notable caufe recpuireth it^ namely to az*d a great
Cp) ibtd. % 6. evj^ And accordingly 'Tarfons (p) doth lay it down from Azo-
nus, Sec. If the Judge that exaUeth the Oath be not a lawful Judg., or pro-
ceedelh not lawfully in exacting the fame, then hath he that fwcareth no obliga-
tdion to fwear to his intention at all, but may fwear to his own, Sec.
Amongft other Examples of this way, we have in Dr. Abbot's Antio-
logia, p. 12. b. of one John Underwood, that being examined before the
Arch-Bilhop of Canterbury, 1612, denied that ever he was beyond Sea;
and affirmed, That he was married, and had fix Children, and was an
Husbandman. And yet acknowledged afterward, that he had bin for¬
merly fix years at Rome in the College, was admitted there into Orders,
and was a Jeluit, and that his true Name was Cornford; and that in what
he laid before, he meant, That he was married to his Breviary, and that he
had fix Spiritual Children 5 and that he had not bin beyond Sea, fo as to
confcfs it to the Arch-Bifop. This Anlwer was much talked of, and what
San da Clara hath defended under his own hand,as is yet to be feen. This
* if. Cafau. was alio the opinion of Garnet,and the way he took*,for having an Oath
^ronTiuct- adminiftred to him, and being examined upon the word of a Pricft,whc-
tm.p. 119,113. ther he had ever fent or writ to Greenwel the Jefuit, fince they were to¬
gether at Coughton} aulwered no: and when convinced of it by the Let¬
ters


fcriled, ai dof my own accord hate fubfcriicd, Joh. Coome. 1 hefe things
he fworc, and yet did all by Equivocation and reservation 5 for lie af¬
terwards confcfkd that he was a Prieft, and a Jefuit, and did commonly
write his Name Scammel. And that they may ufe Equivocation when
they declare againft it,fee it further made good by Dr. Stillingfteet in the
fore-quoted Sermon, pag. 39.
If we refled upon thefe Propofitions, we may be able to reconcileall
that Mr. Whitehead and his Brethren did declare at their late Execution,
- or what-ever they are made to fay in thefe Speeches that pais up and
down in their Names, to the juflice of the Sentence they fuffered by.
Its true, amongft Proteftants,nay amongft Heathens, fuch fblemn Pro-
teftations would be hearkened to; and thofe that are honefr and fin-
cere, could hardly think thofe that ufe fuch Affeverations to be other-
wife. But if we confider what hath bin before (aid, we have reafon to
judg of Them by other meafures. For fbme of their Principles do fhew
that they may do it. As thofe of being difpenfed with in it; and of
having Abfolution after it; and of denying and fwearing, with Re-
fervation before an incompetent Authority. But others of the above-
laid Principles make it neceffary, and fhew that they ought to do it.
As if they were required fb to do by their Superiors, whole Commands
they are not to queftion ordifpute: If it were for a notable Good, or
preventing a confiderable Mifehief; or if they heard it in Confeffion;
In thefe cafes they are obliged to deny, and to deny again ; to equivo¬
cate upon Equivocation ; to die, and, I had almoft faid, to damn them-
felves, rather than confefs when they are thus bound to be fecret.
But that they need not fear, for befides the fecurity that they have
ot^erW1^ lt s in a famous Book of theirs, t that God granted to
fu. p. 64S. their Order, that for the Ji'rJi 300 years, none of them fmdd be damned.
And perhaps they may think it worth the while to venture Purgatory to
fecure their prefent Plot from Mifearriage; as the Lord Cordes is faid to
paeons Hen-1| have been content to lie feven years in Hell, 011 condition Cal/ce might
rJ 1 'e 71 be recovered from the Englifh.
3 General. That if we confider their Circumftances, and perufe their Speeches,
it may be prefumed that they aded according to thefe Principles. And
here I fhall not repeat what 1 before faid to make it evident, that if they
had been guilty, this way of proceeding was neceilary to maintain the
credit of their Religion and Society, &c. But fhall obferve, (1.) That
there are not in any of thefe Speeches, higher Proteftations and Appeals
to God,than what was in the words of Garnet,and the writing of Coome
before fpoken of; which yet were plainly Sophiftical, as the Sequel
foe wed. (2.) That there is in the moft material parts of them fuch an
agreement,and that in the phrafe it felf, (as hath bin already obfervedy
as if they were to ad a prefcribed part, and to obferve particular Or¬
ders in what they foould fay. (3.) That the Elder, and thofe who its
likely were to give Abfolution, fpake with greater caution and refer-
vednefs, whilft the others fpoke with greater freedom and boldnefs.
( 4.) That notwithftanding all, there are fome things notorioufly falfe,
and in which at leaft they do equivocate ; which may give jufl: reafon
to fufped that, they do equivocate alio where it is not fo evident. And
this fills the hardeft upon Mr. Garten, who thus delivers himfelf;
Becanje


ttta lawM.
dajf.
110 c*ter?»i.
7
k ## ,4,
( 11 )
teach, either by Word cr Writing, that it was lawful for any Terfon whatfo-
ever, under any pretext of Tyranny, to kill Kings, or to plot their Death.
A Decree that looks very fpecioufly $ but ( 1.) we are here to obforve,
That there is no cenfure of what hath bin already written or taught, or
the Perfons fo writing or teaching. ( 2.) We may very well liippofo
that the any Terfon what fever, will admit of their common limitation,
and is to be underftood of any private Perfon, that doth it without the
command or Jentence of the Judg, according to the words of the Decree ^Temil^aft
of the Council at Con fame ||. And I have the greater reafon fo to .wandato
think, becaufe when it was objected that the Council of Conjlance had.^^^^
condemned this Pofition [that the Tyrant may and ought to be killed by any
one of his Sub]efts whatfoeverj. Suare^f anfwerSjJTfore do you findjn the'A3s'* Defenf. Fid.
of that Council, that its fpokgn of Princes excommunicate by the Pope, or degra- ]-6, c'4-
ded? (3.) There is no little exception to be taken againft the word King,
as it's here laid ? for in their fence, an Heretical, Excommunicated,
and Depofed King, is no King } and he only is with them a King that is
not under fuch a cenfure 5 and fo the killing of foch an one only is to
be declared againft. ( 4.) And this we may be the more allured o£
fince it's faid only under any pretext of Tyranny } but it's not laid under
any pretext of Herefy, Excommunication, or Deposition. So that af¬
ter all, here is no fecurity for a King if an Heretic 5 or for a Catholic
King, if Depofed or Excommunicated : And the Doftrine is ftill left
much where it was before the Decree. So that this deferves the like
Cenfure given by the Abbot Sylvius of that before Spoken of, that it's
a Cenfure full of Equivocations and doubtful Expreffions * But the beft rw'p.Toi.
way to find out the ftrength and validity of this Decree, is to obforve
their pra&ice. Were thefo Principles never reaffirmed by them ? What
muft we think of the Book of Suartz, printed at Colcin, 1614 !, and t rnfinfFidei
which was condemned by the Parliament of Tarts to be burnt, as con- '
tabling Tropo fit ions highly Scandalous and Seditious, and which tended to
the fubverfion of Kingdoms, and the firring up Subje&s to murder their
Kings [|. And upon which occafion the Senate font for Am and us, and 'IConUn- T"u-
the chief of the Jefuits, to let them know how little refpeft was had to p" 4l°"
the abovefaid Decree of their General, in Anno 1610. What Shall we
fay to a Book of SanUarellus the Jefiiit, printed at Rome 1625 % not *Tr*&atiude
only under the Eye of Vitellefcus their General, but with his exprefs n*re{h &c.
Allowance > in which were eleven Propofitions condemn'd by the Par¬
liament of Taris, and for which it was commanded to be burnt by the
Common Hangman.
Amongft which it is maintained, That the Pope may depofe Trinces, if
inefficient or negligent, and adjudg them to death, &c. When this Book
was produced, thfc Parliament font for foveral of the Jefuits, and asked
them what they thought of that Book ? Father Cotton anfwered, in the
name of the reft, That they difapproved it. Being further examined, How
it came to pals that they condemned what their General did allow ? He,
replied, That their General being at Rome could do no lefs. When it was
asked again, What they would do if at Rome <? He replied, They flsould
think, m they do at Rome. This you may foe particularly fot down by
Gramondus f, a Friend of Cotton's. So that fiich Declarations as thefo "K7
are of no force, but are only to forve.a prefont need, to pacify Princes,p'
r


( 12 )
or plcalc the People, but what they themielves are not obliged by :
therein making good that Chara&er of them, which I find in a fiobei
ti jefuits Car. Author of their own||, That a Jefuit is every Man 3 of which that Book
EnVi^t will afford fome other Inftances, p. 235,236.
4. And lo way is made toconfider, Whether any of the Jeluits be-
fides Mariana have bin of that Opinion ? I hope it will be granted,
that fome there are by what hath bin already (aid 3 and it will be fur¬
ther allowed,
( 1.) That they are of the fame mind with him that do commend him
* For he is faid for having well acquitted himfelf upon that argument: Such are Stephen
Jj ^1he*Au* Hoieda, Vifitor of their Society in the Province of Toledo, that licenfed
thor of e^m- it 3 and thofo that gave their approbation of it to him3 foch again are
fhnheat. Ho- Scribanius *, Gretfer, Becanus, &c.
(2.) They again are of his Opinion, that do hold, not only that a
+ Deftnf F'd. King may be depofod by a Prince or People 5 but that alfo, when de¬
eds' 4 § '4 pofod, he is no King. So Suarex f, When a King is depojed, then he is
pv infl/t.l 1. neither lawful King nor Prince. So Lejjius ||, Greg. Valentia, and many
o^ers.
(3.) They are of Marianas Opinion, that hold, a Depofod King
»ibid. may be killed. So Lejfhts *, Any having Authority, way, if a "Prince's
Tyranny grow intolerable, Depofe him, &c. whereby any thing may be at-
tempted againfl his Perjon, becaufe he then is no more a "Prince. So Beca-
\ibtd ut /rim. tws f, The "Pope may deprive Princes, and if contumacious, he may have
TJ~ tf:em deprived of their Life. So Suarex ||, Eman. Sa *, Molina, &c.
(4.) They are of his Opinion, that (ay, A private Perfon may kill
tlhtd- a fo Depofod 3 The Sentence being iffued out, any one may be the Exe-
Tw^TraS. cutioner of it. So Eman. Sa f 3 fo Molina j|. The People may Depofe
3. Dijp.6. §.*. their King, and punijh him when he is depojed.
So that we foe Mariana is (fill a Jefuit, and they have no reafon to
clamour againft him, and to cry out of the rajhnefs of one Man, as
Mr. Gawen doth, when as it's the prevailing Opinion amongft them 3
and it is difingenuoufly done of them, to do by him as the Deer by
one that is wounded, clear themfolves of his Company, when he is of
the fame Herd with them.
Indeed after all that Mr. Gawen hath (aid towards the vindication of
himfolf and his Order, he hath (aid but what Mariana did before him 3
for Mariana held, as I have before (hewed, That it's not lawful for a
* c*t>.6. fin. private Perfon to kill a King 3 and therefore (aith, * That John Duke
of Burgundy was condemned by the Council of Conjlance, becaufe he
caufed Lewis Duke of Orleance to be killed, Non expefilata Sententia Su-
perioris, without attending the Sentence of a Superior, as the Pope 3 i.e. he
did it upon his own head, and out of private revenge. And if this be
the meaning of Mr. Gawen, which is the received fence of thofo of his
Order, we are much beholden to him. For then our Prince is left to the
Mercy of the Pope's Bull, or that of the People 3 for as foon as he is by
them declared againft, or is an Heretic,or grows intolerable,or is depofod,
then any private Man is the Minifterof Juftice, and doth right to God and
his Church, or the People, if he kill him. If Mr. Gawen had meant
honeftly, he (hould have told us that it was not his Opinion, that a King
piay be Depofod, or that uponDepofition he is no King, and that though
thus


(•H))
not what becomes of their own Souls ; or ehe that they can be fo
fblipid as to think that the Salvation of their Souls can be confident
with fuch Impieties. I queftion not but that time will make this as
clear as the day, and then what they did to ftrengthen their Caufe,
will be the greateff blow to it that perhaps it ever yet had. When
it fhail be upon record , and Publiflaed before all the World, that lb
good may come of it, the good of their Church and Order, they care
not what evil they do, nor how they Subvert the Laws of God and Na¬
ture,- lb they may eilablifh- their own.
A Note to be added, p. 5. lin. 18.
Agreeable to this is that which is laid by Lud Lopez. 1. p. Infrucf.
c. 42. who is quoted as good Authority by Raynaudus the Jefoit, ut
fupra. A JAAman that; hath been falfe to her Husband, doth fin, if (he
without caufe doth [wear that fhe is Innocent, and doth (0 [wear becaufe
foe hath done Penance for the fame; nnlefs her Husband doth unfit fly
compel her to [wear. The meaning of which is, that if fire doth fwear
it vainly, when not put to it, and there is no reaibn for it, then
fhe offends ; but if her Husband threatens, and fhe is in danger (for
that is often the meaning of unjuftly in the fence of thefe Cafuifts)
then fhe may fafely fwear that fhe is Innocent, forafmuch as fhe hath
repented, and given fatisfabfion to the Prieft and been abfolved by
him.
From whence it appears that if perfbns be compelled to fwear un¬
juftly, as (in their opinion they all are when they are made to fwear
before Hereticks, ) that then they may fwear, though never fo Guilty,
that they are Innocent and .without fault, as having been Abfolved
for it
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