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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A01948 The state-mysteries of the Iesuites, by way of questions and answers. Faithfully extracted out of their owne writings by themselues published. And a catalogue prefixed of the authors names which are cited in this booke. Written for a premonition in these times both to the publike and particular. Translated out of French; Mysteres des peres jesuites. English Rivet, André, 1572-1651.; Gosselin, Peter. 1623 (1623) STC 12092; ESTC S120862 30,376 63

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any manner that he can But it is otherwise of a King that raigneth in peace and that vexeth the Common-wealth and is hurtfull vnto it by other meanes for then there is no place for defence by force or for plots against the life of the King because the Common-wealth doth not then suffer any actuall violence which it were lawfull to repell with violence NOVICE. What must be done then in this case where the Prince otherwise lawfull commeth to such a passe That hee ruineth the Common-wealth spoyleth men of their goods despiseth Religion and the publike Lawes maketh a vertue of pride and holdeth impietie against God to be the greatest valor IESVITE Thou knowest what Father Mariana from whom thou hadst this question bringeth for answer thereunto namely That it is not to be dissembled but the surest meane to remedy it is the publike way of Assemblies wherein by a common consent may be deliberated what shall be done The Prince shall first be admonished and if he reiect the medicine and that there resteth no farther hope of amendment the sentence being pronounced it shall be lawfull for the Common-wealth to deny him obedience and because that warre will necessarily ensue thereupon armes must be taken vp money raised and if otherwise it cannot be done by the right of defence the Common-wealth by its owne proper authoritie or by a greater may kill the Prince declared a publicke enemy NOVICE. But is not this a priuate opinion of that Father which is not to be followed IESVITE No for if hee had not proceeded farther none of ours would euer haue contradicted him Father Suarez teacheth the same doctrine very amply whereof behold here the first ground which is That if a lawfull King doth gouerne tyrannically and that the King dome hath no other meane of defence but by deposing and expelling the King the whole Common-wealth by a common consent of the Townes and principall persons of the Kingdome may depose the King as well by vertue of the law of Nature whereby it is permitted to repell force with force as because that necessary case of the proper conseruation of the common-wealth is alwayes held to be excepted in that first accord by which the Common-wealth transferred its power to the King NOVICE. Doth it follow hereupon that the Common-wealth hath power to put this King to death IESVITE That ground being laid we must say that after the sentence of condemnation touching the depriuation of the Kingdome giuen by a lawfull power or that which is all one after a declaratory sentence of the crime which of right hath imposed such a paine he which hath pronounced the sentence or he vnto whom he hath giuen commission to execute it may depriue the King of the Kingdome euen by putting him to death if otherwise he cannot or if the iust sentence doth also extend to that paine Howbeit the deposed King cannot be killed by any priuate person whatsoeuer no nor be expelled by force till he be commanded vnto it or that the generall commission be declared by sentence or of right The first part euidently followeth vpon that precedent principle for hee that may iustly condemne any one may likewise execute the sentence eyther by himselfe or by helps necessary thereunto otherwise that power would be frustratory in being able to decide the right without the ability of an efficacious constraint And as the minister of a King doth well to kill a man by the Kings commandement because that then he executeth the Kings power rather then his owne so when the Common-wealth may iustly depose the King the ministers thereof doe well to constraine the King or to kill him if it be necessary because then they doe it no longer by priuate but by publike authority And therefore Soto said well That although it be not lawfull for any priuate man whatsoeuer to kill him that is a Tyrant in his gouernment yet when the sentence is giuen one may establish for the minister of the execution thereof whomsoeuer one will NOVICE. But what meaneth Mariana by that speach where he saith By the authoritie of the Common-wealth or of a greater what is that greater IESVITE He meaneth that which we all hold for most certaine namely that that power appertaineth to the Pope as to the superior hauing iurisdiction to correct Kings yea such as are soueraigne as well as their subiects Now though the Common-wealth or Kingdome considered in its owne nature and as it was amongst the Gentiles or as it is at this present amongst them hath the power as we haue said to defend it selfe from a tyrant King and for that effect to depose him if it be necessary yet Christian Kingdomes as touching that point haue some dependance on the soueraigne Bishop First because the Pope may forbid a Kingdome to depose the King without his knowledge and aduice and vnlesse he hath first beene informed of the cause c. Wherupon we read in Histories that alwayes in such cases Kingdomes haue consulted with the Pope or haue euen implored him to depose vnworthy or tyrant kings as we haue declared of Childeric King of France in the time of Pope Zacharie c. Secondly the Christian kingdome dependeth also on the Pope in this That the Pope may not onely counsell or consent that the kingdome may depose the King which is pernicious to it but may also command and constraine it to doe it when he iudgeth it necessary for the spirituall safety of the kingdome but especially to auoid heresies and schismes NOVICE. If the holy Father hauing consented to the deposition of a King or hauing ordained it yet doth not declare himselfe for the execution thereof shall it bee lawfull for the first Prince that will to make warre vpon him and inuade his kingdome IESVITE No. But then his lawfull successor if he be a Catholike hath that power or if he neglect it or that there be none the Cominalty of the kingdome shall succeed him prouided they be Catholikes and if they craue assistance of other Princes they may assist them howbeit if the Pope giue other Kings power to inuade the kingdome they may iustly doe it because then they shall neither want iust cause nor power NOVICE. What shal I answer vnto those which alledge Dauid that would not kill Saul but caused the Amalekite to be put to death for vaunting that he had slain him which obiect the mischiefes arriuing vnto the Common-weath by such facts which say that the reuerence of subiects towards their Princes is in danger if once they bee perswaded that they may punish their faults and that vnder such pretexts the publike peace shall often be disturbed by seditions and commotions one part of the people arming themselues against the other c. IESVITE So they dispute which take the tyrants part saith our Mariana but the aduocates for the people produce as many and as great reasons for them For the Common-wealth from whom