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2 - fv- 



TREATISE J 



OP 



EQUIVOCATION: 



WHEREIN IS LARGELY DISCUSSED 



whether a Catholicke or any other person before 
a magistrate beyng demaunded uppon his 

oath whether a Preiste were in such a 
place, may (notw th standing his perfect know- 

ledge to the contrary) w th out Periury 

and securely in conscience answere, No, 

w th this secreat meaning reserued 

in his mynde, That he was not 

there so that any man is 

bounde to detect it, 



EDITED BY 

DAYID JAEDINE, ESQ. 

OP THE MIDDLE TEMPLE, BARRISTER-AT-LAW. 



LONDON: 
LONGMAN, BROWN, GRE^N, AND LONGMANS. 



\)* 




LONDON : 

SPOTTISWOODES and SHAW, 
New -street- Square. 



PREFACE. 



THE Treatise of Equivocation now printed 
from a manuscript in the Bodleian Library 
at Oxford, was first publicly noticed at the 
trial of the several persons engaged in the 
Gunpowder Plot. In enumerating the means 
used by the conspirators for the secret con- 
triving and carriage of that treason, Sir Ed- 
ward Coke mentions "their perfidious and 
perjurious equivocating, abetted, allowed and 
justified by the Jesuites, not onely simply to 
conceale or denie an open trueth, but reli- 
giously to averre, to protest upon salvation, 
to swear that which themselves know to 
be most false; and all this by reserving a 
secret and private sense inwardly to them- 
selves, whereby they are by their ghostly 
fathers perswaded, that they may safely and 
lawfully delude any question whatever." 



IV PREFACE. 

" And here," says the authorized Report of 
the Proceedings, " was shewed a booke writ- 
ten not long before the Queene's death, at 
what time Thomas Winter was employed 
into Spaine, intituled c A Treatise of Equi- 
vocation ;' which booke being seene and al- 
lowed by Garnet, the Superior of the Jesuits, 
and Blackwell, the Archpriest of England, 
in the beginning thereof Garnet with his 
owne hand put out these words in the title 
'of Equivocation,' and made it thus: 'A 
Treatise against Lying and Fraudulent Dis- 
simulation ;' whereas in deede and trueth it 
makes for both, Speciosaque nomina culpae 
imponis, Garnette, tuaj. And in the end 
thereof, Blackwell besprinkles it with his 
blessing, saying : Tractatus iste valde doctus, 
et vere pius, et Catholicus est. Certe S. 
Scripturarum, Patrum, Doctorum, Scholas- 
ticorum, Canonistarum, et optimarum ratio- 
num prassidiis plenissime firmat a3quitatem 
a3quivocationis. Ideoque dignissimus est 
qui typis propagetur ad consolationem afflic- 
torum Catholicorum et omnium piorum in- 
structionem." * 

* A True and Perfect Relation of the whole Pro- 



PKEFACE. V 

A copy of the Treatise above described 
was long ago stated both by Anthony Wood* 
and Doddj to be among the papers given by 
Archbishop Laud to the Bodleian Library ; 
and attention having been directed to the 
subject by inquiries in " Notes and Queries," 
the Manuscript has recently been brought to 
light by an anonymous writer in that useful 
publication. It appears upon inspection to 
be a document of much curiosity, being the 
identical copy of the Treatise which was pro- 
duced on the trial of the Conspirators in the 
Gunpowder Treason, containing the altera- 
tion of the title, and various other corrections 
and additions in the hand-writing of Father 
Garnet, and also the imprimatur of Black- 
well, the Archpriest. The following note on 
the first fly-leaf of the manuscript, in the 
hand-writing of Sir Edward Coke, records 
the occasion on which it came into his pos- 
session : 

"This Booke, containing 61 pages, I 

ceedings against the late most barbarous Traitors, 
Garnet, a Jesuit, and his Confederats." Printed by 
the King's Printer, 1606. 

* Athenae Ox., vol. ii. p. 123. 

f Church History, vol. ii. pp. 381. 428. 
A 3 



Vl PREFACE. 

founde in a Chamber in the Inner Temple, 
wherein Sir Thomas Tresham used to lye, 
and which he obteyned for his two younger 
sonnes. This 5 of December, 1605. Edw- 
Coke. 

" ' Os quod mentitur occidit animam.'" 

Sir Thomas Tresham mentioned in this 
note, died in September, 1605, a few weeks 
only before the meeting of Parliament at 
which the catastrophe of the Gunpowder 
Plot was to have occurred, and for two or 
three years previously to his death occupied 
the Chamber in the Inner Temple, which he 
had taken for his sons. Although a zealous 
Catholic, and a conspicuous sufferer by the 
severe penal laws passed against recusancy at 
the latter part of Elizabeth's reign, there is 
no reason to suppose that he was party or 
privy to that treason ; but Francis Tresham, 
his eldest son and heir, was not only one of 
the ascertained associates in the Gunpowder 
Plot, but was implicated in all the Catholic 
conspiracies of the time. With Garnet, 
Catesby, and several others, who subse- 
quently became confederates with him in the 



PREFACE. Vll 

Gunpowder Plot, he promoted the treason- 
able correspondence with Spain immediately 
before Queen Elizabeth's death, known by 
the name of the " Spanish Treason," and he 
was a party to the mission of Christopher 
Wright, soon after the accession of James, to 
invite the King of Spain to invade England 
with an army, and to promise him the support 
of the English Catholics.* He was also ac- 
tively engaged in the Earl of Essex's rebel- 
lion, and his deliverance from attainder on 
that occasion was obtained with much dif- 
ficulty by the payment of a large sum of 
money. f While occupied with these dan- 
gerous plots, Francis Tresham frequently 
resorted to the chamber in the Temple in 
which the Treatise of Equivocation was dis- 
covered ; and in a letter to Lord Salisbury, 
which will be presently noticed, Sir Edward 
Coke says, that " it was found in his desk." 
From the examinations J of the two 
younger sons of Sir Thomas Tresham, taken 

* Stat. 3 Jac. 1. c. 2., and also Examinations in the 
State Paper Office. 

t See Criminal Trials, vol. ii. pp. 53, 54, and note. 

I Examinations of Lewis and William Tresham, 
9th and 10th Dec. 1605. State Paper Office. 
A 4 



Vlll PREFACE. 

a few days after the discovery of the Trea- 
tise by Sir Edward Coke, it appears that 
two copies of it were found in the chamber, 
one in folio and the other in quarto the 
latter being the manuscript now in the 
Bodleian Library. The folio copy was stated 
to be in the hand-writing of George Vavasor, 
who had been a servant of Sir Thomas 
Tresham, and who was retained in the service 
of Francis Tresham after his father's death. 
And Vavasor himself being examined*, ad- 
mitted that he had made the folio copy from 
the quarto, " about four or five years past, 
at the request of Mr. Francis Tresham, who 
willed him to write it out that we may see 
what they can say of this matter." In the 
same examination, Vavasor, when describing 
the quarto book found in the chamber, says 
that "the last leafe of that booke, being 
torne with carrying and using of it, and yet 
legible, he did write out with his owne hand, 
the last, being the 61st page, and putt anewe 
leafe, faire written, instead of the olde that 
was torne." The appearance of the manu- 

* Examination of George Vavasor, 9th Dec. 1605. 
State Paper Office. 



PREFACE. IX 

script at the Bodleian Library entirely agrees 
with this statement, the Imprimatur of 
Blackwell the Archpriest, not being his 
autograph, and being written in a different 
hand from that of the Treatise. 

There can be no doubt that the alteration 
of the title of the manuscript, as above de- 
scribed by Sir Edward Coke, and also the 
several corrections of the text, are in Garnet's 
hand-writing. Among the documents in the 
State Paper Office relating to the transac- 
tions of this period, there are many papers 
written and signed by him ; and as the cha- 
racter of the hand is peculiar, a comparison 
of these writings with the corrections on the 
manuscript produces an entire conviction 
that the latter were written by him. But 
we have the direct testimony of Garnet him- 
self to the fact. He was first examined be- 
fore the Lords of the Council on the 12th of 
February, 1605-6, and his autograph answers 
to the interrogatories then exhibited to him, 
are preserved at the State Paper Office. The 
" Treatise of Equivocation" was placed in 
his hands, and being asked when and where 
he perused and corrected that book, and 



X PREFACE. 

whether the corrections and animadversions 
were not in his own hand- writing, he 
answers as follows : " The title of the 
book of Equivocation was altered by me 
with my own hand, but only in the way of 
consultation, whether it was not better to 
have it so entitled ' A Treatise against 
Lying and Fraudulent Dissimulation,' be- 
cause no equivocation can justify or maintain 
lying or fraudulent dissimulation, as ap- 
pears by a chapter there of purpose. And 
the marginal note in the 47th page is of 
mine own writing ; and I corrected the book 
in divers other places." Now the manu- 
script at the Bodleian Library contains a 
variety of corrections, all of which are in the 
same hand-writing ; and in page 47, there 
is a marginal correction of a sentence refer- 
ring to Queen Elizabeth.* And although 
the object of Garnet in pointing out to the 
examiners this particular correction does not 
appear, it is quite evident that it was con- 
sidered important, as the page in which it 
occurs is carefully designated by a catch- 
mark attached to the leaf, upon which the 

* See post, p. 85. 



PREFACE. XI 

letter B is written apparently in Sir Edward 
Coke's hand-writing. 

The facts above stated identify the manu- 
script beyond all reasonable doubt ; but by 
the accidental preservation of a memorandum 
in the State Paper Office, we are enabled to 
show distinctly the mode by which this do- 
cument was transferred from that depository 
to the Bodleian Library. 

Among the numerous writings in defence 
of Garnet, which appeared after his execu- 
tion, the " Apologia pro Henrico Garneto," 
published in 1610, by L'Heureux, a Jesuit, 
under the assumed name of " Eudaemon- 
Joannes," attracted great attention through- 
out Europe. In refutation of the confident as- 
sertions and plausible arguments of this writer, 
Dr. Robert Abbott, at that time Eegius Pro- 
fessor of Divinity at Oxford, and subsequently 
Bishop of Salisbury, composed his " Anti- 
logia versus Apologiam Andrese Eudaemon- 
Joannis." It is manifest, from a perusal of 
this work, that all the original examinations 
and confessions now in the State Paper 
Office, and some others, which have been 
lost, as well as the Treatise of Equivocation, 



Xll PREFACE. 

were in this author's hands. Dr. Abbott 
was a brother of Dr. George Abbott, the 
Archbishop of Canterbury, and through him 
would have ready access to these papers ; 
but they are traced to the actual possession 
of the Archbishop by a curious piece of evi- 
dence. Among the documents relating to 
the Gunpowder Plot at the State Paper 
Office, is a small slip of paper containing a 
" memorandum of papers, 5 1 in number, sent 
by Jo. Pepys, on the 9th of October, 1612, 
to my Lord's Grace of Canterbury." Then 
follows a list of the documents sent, and a 
" memorandum of other papers subsequently 
delivered, namely, one other examination of 
Thomas Wintour, on the 10th of October, 
and 9 others on the 13th November, 1612 ; 
and the Treatise of Equivocation) and a copy 
of the indictment." At the foot of the paper 
are these words: " Received all back, ex- 
cept the copy of indictment and the Treatise, 
on 1 July, 1614." As the Antilogia was pub- 
lished in 1613, while these papers were 
absent from the State Paper Office, the 
coincidence of time renders it probable that 
they were entrusted to the Archbishop for 



PREFACE. xiii 

the purpose of being used by his brother, Dr. 
Abbott, in the composition of that work. 
The Treatise of Equivocation, not being re- 
turned with the others, remained at Lam- 
beth; and being found there by Laud, 
Abbott's immediate successor in the Pri- 
macy, was given by him, with other manu- 
scripts, to the Bodleian Library. 

Such is the history of the manuscript ; but 
of the history of the composition itself no- 
thing is certainly known. Sir Edward Coke, 
in a Note respecting the Treatise, to be seen 
at the State Paper Office, says it was " sug- 
gested to have been written by Gerard, the 
Jesuit." Thomas Morton, Dean of Win- 
chester, and afterwards successively Bishop 
of Lichfield and Coventry, and of Durham, 
in his " Full Satisfaction concerning a 
Double Romish Iniquity, Rebellion, and 
Equivocation," published in 1606, attri- 
butes the Treatise to Cresswell or Tresham. 
Casaubon, in the Letter to Fronto Ducaeus*, 
cites it as " Libellus ab eruditis Pontificiis in 
hoc ipso regno scriptus," without naming the 
author ; and Dr. Abbott, who in the Anti- 
* P. 109. 



XIV PREFACE. 

logia*, criticises the doctrine of the Treatise 
at great length, merely designates the writer 
as " Sacerdos quidam Satanaa." By more 
recent writers who have noticed it, it has 
been variously ascribed to Garnet, to Tres- 
ham, and to Blackwell ; but there is no better 
reason for supposing either of these last-men- 
tioned persons to be the author, than the fact 
that all of them are brought into connexion 
with the manuscript. The presumptions of 
time and other circumstances would point 
strongly to Kobert Southwell, the Jesuit, as 
the author, who is said to have asserted the 
doctrine of Equivocation at his trial, with 
some of the illustrations employed in this 
Treatise; but such presumptions are con- 
clusively opposed by the dedication of the 
Treatise to Southwell, and the allusion it 
contains to a "particular instruction of this 
matter," which is said to have been long 
before written by him, and the publication 
of which at some future time is promised, f 
Those who lived at the time of the first ap- 
pearance of the Treatise must have had 
access to more evidence upon this subject 
* P. 13. t See post, p. 3, 4. 



PREFACE. XV 

than we can now expect to find. In fact, 
repeated and searching examinations were 
instituted for the purpose of discovering the 
writer ; and if the anxious and interested in- 
quiry of contemporaries, assisted by the 
forensic experience and acuteness of such 
men as Popham, Coke, and Bacon, could at- 
tain to nothing beyond conjecture, we must 
be content at the present day to leave the 
matter in uncertainty. 

But although the author of the Treatise is 
unknown, the date of its composition may be 
fixed within the compass of a few years. In 
the Introduction to the Treatise, and also in 
the ninth chapter, Southwell is mentioned in 
terms which make it somewhat doubtful 
whether he was at that time living. In the 
former passage, his arraignment appears to be 
referred to (on which occasion Parsons says*, 
that he " defended this point of Equivocation 
at the barre") ; and the latter evidently relates 
to his apprehension. Southwell is also men- 
tioned in p. 46., as being " in heaven ; " but 
this passage is added by Garnet, and therefore 
determines nothing as to the date of the 
* Briefe Apologie, p. 193. 



XVI PREFACE. 

Treatise itself. The Southwell here men- 
tioned was unquestionably Robert South- 
well, the Jesuit, who was appointed to the 
English Mission with Garnet, in 1586, and 
who was arrested in 1592 as a Seminary 
Priest, and executed in 1595,* If, therefore, 
the Treatise were written during Southwell's 
lifetime, it must have been written between 
1592 and 1595. It is clear also that it was 
written, and that Garnet's corrections were 
made, in the time of Queen Elizabeth, from 
the passagej above referred to in Garnet's 
examination. He declares in the same exa- 
mination that "his correction was made in 
Queen Elizabeth's time, soon after Mr. 
Southwell's death." At that period the severe 
laws against recusants were most rigorously 
enforced ; and the object of the Treatise ob- 

* There is a life of Southwell in Challoner's " Mis- 
sionary Priests," vol. i. p. 324., but the best account of 
him is to be found in the " Gentleman's Magazine " 
for November, 1798. He was one of the numerous 
religious enthusiasts who were cut off by the severe 
laws of Elizabeth, but he was distinguished among 
them by an unusual degree of refinement. Some of 
his poems are printed in Ellis's " Specimens of Early 
English Poets," vol. ii. p. 199. 

I See ante, p. x. 



PKEFACE. XVII 

viously was to impede the execution of these 
laws by furnishing scrupulous or conscien- 
tious Catholics with a system of conceal- 
ment, by the use of which the discovery of 
Seminary Priests and Jesuits might be 
prevented, and judicial examination baffled. 
By the concurrence of these circumstances, 
it becomes manifest that the work was 
written during the last ten years of Eliza- 
beth's reign. 

After a diligent inquiry in many public 
and private repositories, no printed copy of 
the Treatise of Equivocation has been dis- 
covered. In the examination of Garnet 
above referred to, he denies all knowledge of 
Blackwell's Imprimatur, but says that 
" some others would have had it divulged in 
print, which divulgation he (Garnet) pre- 
vented." No reliance can of course be 
placed upon his statement, that he had pre- 
vented the printing of the Treatise ; and, at 
all events, his intention is clear, his correc- 
tions upon the manuscript being obviously 
corrections for the press. And there is some 
evidence that it was in print not long after 
it was written. Morton, in his " Full Satis- 



XV111 PKEFACE. 

faction," written in 1606*, apparently cites 
it as a printed book, although he does not 
distinctly say that it was printed ; and he 
also alludes to the usual Imprimatur of the 
Jesuits, " Permissu Superiorum," as being 
placed upon it. But Casaubon, in his Epis- 
tle to Fronto Ducseus, written in 1611, ex- 
pressly says that it was " publicatus ac typis 
expressus." f If it was printed at that time, 
its rarity and limited circulation may be ac- 
counted for by the probable supposition that 
it was printed at one of the private presses which 
were in use among the Catholics, and from 
which many religious tracts and books relating 
to their communion were issued. Thus South- 
well, the Jesuit, is said to have had a printing 
press in his house at London, at which his 
poems and other works were printed. 

It was well known to the Government, for 
several years before the discovery of the 
Treatise, that the Jesuits in England, and 
those who were subject to their influence, 
constantly practised equivocation when ex- 
amined on charges of treason, founded on the 
penal laws against missionaries and seminary 
* Pp. 88, 89. t P- 109 - 



PEEFACE. XIX 

priests. The fact had been publicly avowed 
and justified by Southwell, on his trial ; and 
by Gerard, Strange, Andrews, and other 
Catholic priests, who were examined ex- 
pressly upon the subject. Nevertheless, the 
discovery of the " Treatise of Equivocation," 
under circumstances which undeniably fixed 
upon the archpriest and the superior of the 
Jesuits in England, not only a recognition of 
the most extravagant doctrine on this subject, 
but a recommendation and injunction to 
practise it on all occasions when attempts 
were made to enforce the penal laws recently 
passed, was justly considered by the govern- 
ment of James I. as an event of great 
importance. The positive assertions of Ca- 
tholic witnesses, and the solemn protestations 
of innocence by accused persons at their 
trials and on the scaffold, had raised doubts, 
even amongst Protestants, respecting the 
truth of the numerous charges of Roman 
Catholic plots and conspiracies in the latter 
years of Queen Elizabeth's reign ; but doubts 
of this kind were converted into ready and 
willing belief by the exposure of this ma- 
nual of contrivances for deception and jus- 

a 2 



XX PREFACE. 

tifications of falsehood. Sympathy for the 
supposed victims of religious persecution was 
exchanged for suspicion and dislike of the 
votaries of a system as inconsistent with 
morality as with civil government. These 
sentiments too were excited in the midst of 
the general indignation and horror produced 
by the recent detection of a Catholic plot of 
unexampled atrocity. The timid and waver- 
ing king, from whose disposition to moderate 
measures the Catholics at first entertained 
lively hopes of a toleration for their religion, 
was fixed in his adherence to the Protestant 
party; and thus the public exposition of 
these Jesuitical doctrines, combined with a 
variety of other facts and circumstances, all 
directed with consummate art by the states- 
men of those days to the same design, 
enabled the government of James I. not only 
to continue the severe laws of Elizabeth 
against the Roman Catholics, but to enact 
others of equal rigour. In order to confirm 
this important impression, the declaration 
of the opinions contained in the " Treatise of 
Equivocation" formed a prominent part in 
the "visible anatomy of Popish doctrine," 



PREFACE. XXI 

which Lord Salisbury declared* to be a prin- 
cipal object of the Government in the pro- 
ceedings against the conspirators in the 
Gunpowder Plot. And to satisfy the world 
by this exhibition, that these dangerous doc- 
trines were not merely the abstract specu- 
lations of divines, two notable examples of 
their practical application in the course of 
these very proceedings were shown in the 
conduct of Garnet and Tresham; both of 
them principal actors in the conspiracy, and 
both of them brought immediately into con- 
nexion with this Treatise. 

Garnet repeatedly declared his assent to the 
full doctrine of Equivocation as contained in 
the Treatise. Thus in an examination f, dated 
March 20. 1605-6, he says as follows :- 
" Concerning equivocation, this is my 
opinion. In moral affairs, and in the common 
intercourse of life, when truth is required 
among friends, it is not lawful to use equivo- 
cation, for that would cause great mischief in 
human society; wherefore, in such cases, 

* See Garnet's trial in the " True and Perfect 
Relation," &c. 

f Epistola ad Frontonem Ducaeum, p. 111. 
a 3 



XX11 PREFACE. 

there is no place .for this remedy. But in 
cases of necessary defence, or for avoiding 
any injury or loss, or for obtaining any con- 
siderable advantage, without danger to any 
other person, then equivocation is lawful." 
In an examination * taken after his trial, dated 
April 28. 1606, he avows that " in all cases 
where simple equivocation is allowable, it 
is lawful, if necessary, to confirm the un- 
true statement by an oath." " This," says 
he, "I acknowledge to be according to my 
opinion, and the opinion of the schoolmen; 
and our reason is, for that in cases of lawful 
equivocation, the speech, by equivocation, 
being saved from a lie, the same speech 
may be, without perjury, confirmed by oath, 
or by any other usual way, though it were 
by receiving the sacrament, if just necessity 
so require." 

These were his declared opinions; and 
they were precisely in accordance with the 
opinions developed and justified in the Trea- 
tise. To his avowal of them an enlightened 
Catholic historian ascribes his execution. 
"By seeking shelter under equivocation," 

* State Paper Office. 



PREFACE. XX111 

says Dr. Lingard*, " he had deprived himself 
of the protection which the truth might have 
afforded him ; nor could he, in such circum- 
stances, reasonably complain if the King re- 
fused credit to his asseverations of innocence, 
and permitted the law to take its course." 

But great care was taken in the conduct 
of Garnet's trial to show that he entertained 
these extreme opinions, not as theories only, 
but that he was prepared to act upon them, 
and did in fact act upon them. The instance 
selected for this purpose, and strongly pressed 
against him at his trial, was as follows : 

Having failed by the ordinary mode of ex- 
amination to draw the truth from him, and 
torture being forbidden by the King, a stra- 
tagem was prepared in order to obtain evi- 
dence that he had knowledge of the plot, 
by other means than sacramental confession. 
Garnet, and Oldcorne, another Jesuit, were 
placed in adjoining chambers in the Tower, 
and the means of communication were 
treacherously pointed out to them. Two 
persons were then stationed in a covered 
way close enough to them to overhear their 

* History of England, vol. ix. p. 67. 
a 4 



XXIV PREFACE. 

discourse. In this mode many facts were 
elicited, which were previously unknown. 
Oldcorne and Garnet were afterwards sepa- 
rately charged with these conferences before 
the Lords of the Council. Oldcorne ad- 
mitted that such conferences had taken place ; 
but Garnet being asked, not as to the matters 
of the conferences, but whether he and Old- 
corne had held any conference together, and 
being reminded not to equivocate, utterly 
denied it " upon his soul ; " and as the Earl 
of Salisbury said at the trial, " reiterated his 
denial with so many detestable execrations, 
as it wounded the hearts of the Lords to hear 
him." But finding that Oldcorne had con- 
fessed, and that there was overwhelming 
proof of the fact, " he cried the Lords' 
mercy, and said he had offended, if equivoca- 
tion did not help him." 

The second instance of equivocation re- 
ferred to upon the trials was that of Francis 
Tresham, in whose possession the Treatise 
was found. In an examination taken on the 
29th of November, 1605, Tresham had stated 
that Garnet was a party to the treasonable 
mission of Thomas Winter to Spain, shortly 



PREFACE. XXV 

before the death of Queen Elizabeth. In 
making this admission, he probably supposed, 
either that Garnet had escaped beyond sea, 
or that he was protected by a general pardon 
granted on the accession of James L, from all 
prosecution for treasons committed in the pre- 
ceding reign. Shortly after he was sent to the 
Tower, Tresham was attacked by a strangury, 
of which he died some time before the trials 
of his confederates. A few hours before his 
death, he delivered a paper to his wife, charg- 
ing her to convey it to the Earl of Salisbury. 
In this paper* he says, that he had made his 
former statement respecting Garnet only " to 
avoid ill usage," and declares, " upon his sal- 
vation, that it was more than he knew that 
Garnet was privy to the sending of Thomas 
Winter into Spain ; " and adds, " that he had 
not seen Garnet for sixteen years before, nor 
never had letter nor message from him." There 
is no doubt fewt this dying declaration was $&>/ 
a falsehood ; as Garnet himself admitted, and 
numerous witnesses and documents incontes- 
tably proved, that Tresham and he had been 

* State Paper Office. Criminal Trials, vol. ii. 
p. 101. 



XXVI PREFACE. 

in constant and intimate connexion for many- 
years, until a few days before the discovery 
of the Gunpowder Plot. " This," says Sir 
Edward Coke, in a letter to Lord Salisbury*, 
inclosing an account of this transaction, " is 
the fruit of equivocation, the book whereof 
was found in Tresham's desk, to affirm 
manifest falsehoods upon his salvation, in ipso 
articulo mortis. It is true that no man may 
judge in this case, for inter pontem etfontem, 
he might find grace ; but it is the most fear- 
ful example that I ever knew." On the 
trial of Garnet, he was asked by Lord Salis- 
bury, " what interpretation he made of this 
testamental protestation of Tresham"? To 
which he answered, " It may be, my lord, he 
meant to equivocate." 

It would be equally unnecessary and 
foreign to the object intended by the 
publication of this Treatise, to attempt a 
refutation of the doctrines it contains. The 
shallowest thinker can hardly fail to per- 
ceive that the fallacy which pervades the 
whole is a misapprehension of the nature of a 

* State Paper Office. Criminal Trials, vol. ii. 
p. 102. 



PREFACE. XXVll 

lie. The Jesuits adopted, in the most rigid 
and literal sense, the doctrine that a lie is 
always a sin, and that a falsehood is not to be 
told, even for the saving of a life, or averting 
a calamity, however great. Without con- 
sidering whether this rule is entirely inflex- 
ible and universal, or whether some exceptions 
are not, of necessity, to be allowed, they 
justified the evasion of it by distinguishing 
between a lie in terms and a lie in intention 
and effect. Regardless of the general prin- 
ciple upon which the moral obligation to 
truth is founded, namely, the maintenance of 
that confidence which is essential to the in- 
tercourse between man and man, they held 
the intentional conveyance of a false impres- 
sion to the mind of the hearer to be imma- 
terial, provided the speaker guarded himself 
by some ambiguous expression, or some men- 
tal reservation from the utterance of a false 
proposition. If "the speech (to use Garnet's 
language) were thus, by equivocation, saved 
from a lie," the intention to deceive and actual 
deception were not a sin. So likewise the 
supposed Jesuit in Pascal's Ninth Letter, after 
praising one of these forms of mental reser- 



XXV111 PREFACE. 

vation, says, " Vous voyez bien que c'est dire 
la verite." " Je 1'avoue," replies Pascal ; 
" mais nous trouverions peut-etre que c'est 
dire la verite tout bas, et un mensonge tout 
haut." And there can be no doubt that the 
" suppressio veri," with an intention to de- 
ceive, is as much a lie as the " expressio 
falsi." "La suppression d'une verite est un 
mensonge effectif," says Bayle, " toutes les 
fois qu'elle est destinee a faire de faux juge- 
mens a Fauditeur, et que, selon 1'usage de 
la langue dont on se sert, il ne peut que faire 
un faux jugement." * 

It is improbable that a doctrine so absurd, 
as well as mischievous, is entertained at the 
present day, by any enlightened members 
of the Church of Rome. But however this 
may be, the object contemplated by the pub- 
lication of this Treatise is not controversial, 
but historical. The reality of the mysterious 
plots which were charged upon the Catholics 
at the latter part of Queen Elizabeth's reign 
and the commencement of that of James I. is 
still a debateable problem ; and as the evidence 
on the negative side of the question consists, 
for the most part, of assertions of facts and pro- 
* Bayle's Diet, ad verb. Sara, Note D. 



PREFACE. XXIX 

testations of innocence by accused religionists, 
it is conceived that the exhibition of an in- 
strument for the perversion of truth, exten- 
sively used at the time amongst precisely 
that class of persons, may be of some impor- 
tance in estimating their testimony. Inde- 
pendently of this object, a connected work in 
the English language, of the time of Shaks- 
peare, evidently written by a person of edu- 
cation and experience in composition, ought, 
in a philological point of view, to be more 
generally accessible than it could be in the 
form of a manuscript. 

With these objects alone, the Tract is now 
printed ; and to obviate any misapprehension 
of the design in publishing it at a time when 
events of a peculiar character have drawn 
much animadversion upon the principles of 
Roman Catholics, it should be stated, that 
the Treatise would have been published ten 
years ago, had the inquiries then made led 
to its discovery ; and that it is now published, 
within a few weeks after the manuscript has 
been brought to light at the Bodleian Library. 

May 1. 1851. 



CONTENTS. 



CAP. l m . 

Page 

Of the conditions required in every lawfull oathe 6 



CAP. 2 m . 

Of the variety of propositions in which veretye 
may be found - 8 



CAP. 3 m . 

That there are some propositions whose veretye 
is not to be iudged according to that w ch is 
vttered in wordes seuerally, but according to 
the wordes and some other thinge vnderstood 
or reserued - - - - - 12 



CAP. 4 m . 

That such mixte propositions are practised often- 
tymes both in God's worde and by our Saviour 
hym selfe, and by his saintes, where some di- 
uersitye of opinion amongst schoolemen is ex- 
amined - - - - - 20 



XXX11 CONTENTS. 

CAP. 5 m . 

Page 

Of some other wayes of equiuocation practised 
by the sayntes of God, besides that w ch prin- 
cipally we defended in the chapter before - 48 

CAP. 6 m . 

Whether it be alwayes lawfull to vse these equi- 
uocations - - 53 

CAP. 7 m . 

Of the lawful vse of these equiuocations, togither 
w th an oathe confirminge our speeches eyther 
to a priuate person or before a lawfull magis- 
trate, and how such oathes do bynde vs - 62 

CAP. 8 m . 

That this oath propounded vnto a Catholick and 
taken by hym with equiuocation, wanteth not 
the first condition of an oath, that is, veretye - 72 

CAP. 9 m . 

That this oath wanteth not justice - 88 

CAP. 10 m . 

That this oath wanteth not judgment or dis- 
cretion ... - 97 



TREATISE 

AGAINST 

LYING AND FRAUDULENT 
DISSIMULATION: 

NEWLY OVERSEEN BY THE AUTHOK, 

AND PUBLISHED FOR 

THE DEFENCE OF INNOCENCY AND THE 
INSTRUCTION OF IGNORANTS. 

{This is the Title as altered by Garnet.} 



Whether a Catholicke or any other person 
before a magistrate beyng demaunded uppon 
his oath whether a Preiste were in such 
a place, may (notw th standing his perfect 
knowledge to the contrary) w^out Periury 
and securely in conscience answere, No, 
w tfl this secreat meajdng reserued in his 
mynde, That he was not there so that any 
man is bounde to detect it. 



ALTHOUGH Mr. Southwell hym selfe with 
a moste fitte allegation * of the example of o r 

* The examples here alluded to as cited by South- 
well from Scripture, were the several declarations of 
our Lord to his disciples that he knew not the day of 
judgment, and that he would not go up to Jerusalem 
at the Feast, both of which are largely discussed in 
the Treatise, chap. 4. ss. 8 and 9. The example of 
the Queen is thus stated by Parsons : " M. Southwell, 
of blessed memorie, proposed this question at his 
arraignment at the barre unto his accusers, ' that if 
the Queene upon a sudden insurrection were pur- 
sued by her enemies with intention to deprive her of 
her crown and life, and A. B., knowing where she 
was, was asked where she was, what must he do ? 
He could not discover her, for that would be against 
his duty. If he denied that he knew, it would be a 



A TREATISE 

Saviour and of the case of her Ma ties owne 
royall person (beyng not permitted to say 
in that behalfe so much as he coulde and 
was desyerous) did yet sufficiently putt to 
sylence those w ch spake against hym; yet 
because I perceave this kynd of doctrine 
seemeth straunge both to Heretickes and 
also to divers Catholickes, I haue thought 
it necessary to discusse it more exactly. 
Wherein, for that I am principally to deale 
w th Heretickes, my purpose is not to trouble 
them much with the testimony of schoolemen 
and canonistes (except in places where we 
may geve more light vnto the matter w th out 
vrging theire authoritye at all); but our 
P. 2. of proofes shall all be brought out of the Scrip- 
tures and holy ffathers, and where neede shall 
require, out of philosophy and the very light 
of reason. Mr. Southwell hym selfe wrote 
long synce a particuler instruction of this 
matter, and no better defender could we 
haue of Mr. Southwell then Mr. Southwell 
hym selfe, if eyther that wryting weare easy 

lie (which we all hold to be unlawful even for the 
saving of life). Or shall he deny it by some equivo- 
cation which avoids the lie ?' " Treatise tending to 
Mitigation, p. 288. 



OF EQUIVOCATION. 

to be founde, or it were not rather an in- 
struction for the well meaning Catholickes, 
then a confutation of the pverse Heretickes, 
of whome that sentence of o r Saviour may 
very well be sayed, Excolantes culicem ca- 
melum autem deglutientes. 

Lett the Reader therfore serve his turne 
in the meane while of this, if he thincke it 
worthy the reading ; and that other labour 
of Mr. Southwell shalbe (God willing) w th 
conuenient leasure published as a pticuler 
testimony of his synceryty in this very same 
case. As for this my small travaile, I thincke 
it well bestowed if I may dedicate it vnto 
no other than vnto hym selfe ; and vnto hym 
selfe I doubte not but I may humblye offer 
it as a token of my auncient affection and 
psent dewtifull reverence and honour toward 
hym. 



B 3 



A TREATISE 



P. 3. of CAP. l m . 

MS. 



OF THE CONDITIONS REQUIRED IN EVERY LAWTULL 
OATHE. 



Hier. 4. THOU shalt swear (sayeth the Prophett 
Hieremy) our Lord liveth, in trewth and in 
Judgement, and in justice. Uppon w ch place 
the holy doctour St. Hierom noteth that 
there must be three companions of euery 
oath, truth, Judgement, and justice. Of 
whome all the deuines have learned the same, 
requiring these three conditions in every law- 
full oath, and condemning all oathes w ch are 
made without all or any one of them. The 
reason heareof is, for that an oath beyng an 
invocation of the soueraigne ma tie of God for 
testimony of that w ch is sworne, wee ought 
alwayes in such invocations to vse judgement 
or discretion to see that wee do nothinge 
rashly, or w th out dew reverence, devotion, 
and faith a towards so great a ma tie . But we 



OF EQUIVOCATION. 

must especially regard that wee make not 
hym, who is the chiefe and soveraigne veritye 
and inflexible justice, a witnesse of that w ch 
eyther is false or an uniust promise ; for 
otherwise an oath wanting Judgement or dis- 
cretion, and wisedome, is a rashe oath ; that 
w ch wanteth justice is called an vniust oath ; 
and that finally, where there is not truthe is 
adiudged a false or lyinge oath, and is more 
properly then all the rest called Periurye. 
Than therefore shall wee haue proved that 
this oath above expressed is to be esteemed a 
lawfull oath, whan we shall have shewed, 
that it is accompagned with these three com- 
panions, verety, justice, and judgement : 
w ch we will attempt to do by the helpe of 
God, and w th the favour and good leave of 
our new devines of the Kinges bench, who 
call into question, and bitterly e inveigh ^ 4 - of 
against that doctrine, w ch is not onely ap- 
proved in schooles of trewe divinity, but 
practised also in all courtes of Civill and 
Canon Lawe in the world. And first we will 
begynne w th veretye. 



B 4 



A TREATISE 



CAP. 2 m . 



OF THE VARIETY OF PROPOSITIONS IN WHICH 
VERETYE MAY BE FOUND. 



VERITYE and falsitye beyng proprietyes of 
an enunciative speech, as Aristotle teacheth 
vs, that is, of that speech eyther conceived 
onely in the mynde or vttered by wordes 
or wrytinge, by wh ch we affirme or deny any 
thinge wh ch we call a Proposition that we 
may the better discerne this veritye and 
falsitye, we must needes consider the varietye 
of propositions. And we may say w th the 
Logitians, that there be four kyndes of pro- 
positions. The first is a men tall ^position, 
onely conceived in the mynde, and not vttered 
by any exteriour signification ; as whan I 
thincke w th my selfe these wordes, " God is 
not uniust." The second is a vocall propo- 
sition, as whan I vtter those wordes w th my 
mouthe. The thirde is a written propo- 



OF EQUIVOCATION. 

sition, as if I should sett the same downe 
in wry tinge. The last of all is a mixte 
proposition, whan we mingle some of these 

in cap. 

^positions [or parts of them]* togeather, Humana? 
as in our purpose, whan beyng demaunded 
whether John at Style be in such a place, 
I knowinge that he is there in deede, do 
say neverthelesse " I know not," reserving 
or vnderstanding w th in myselfe these other 
wordes (to th'end for to tell you). Heare is a 
mixte proposition conteyning all this, "I 
knowe not to thende for to tell you." And yet 
part of it is expressed, part reserved in the 
mynde. 

Now vnto all these propositions it is 
comoun, that than they are trewe, whan they 
are conformable to the thinge it selfe ; that is, 
whan they so affirme or denye as the matter p. 5. i n 
it selfe in very deede doth stande. Wherof MS ' 
we inferre that this last sorte of proposition, 
w ch partlye consisteth in voyce, and partlye 
is reserved in the mynde, is then to be 
adiudged trewe, not whan that parte onely 



* The words in brackets are interlined in Garnet's 
hand. 



10 A TREATISE 

w ch is expressed, or the other onely w ch is 
reserved, is trewe, but whan both togeather 
do contayne a truthe. Ffor as it were a per- 
verse thinge in that vocall proposition, " God 
is not vniuste," to saye that ^position is false, 
because if we leave out the last worde, the 
other three contayne a manifest heresye, as 
if we affirmed God were not at all ; the 
trewth of every vocall proposition beyng to 
be measured not according to some partes 
but according to all togither ; even so that 
other proposition of w ch wee spake, beyng 
a mixte proposition, is not to be examined 
according to the veretye of the part expressed 
alone, but according to the part reserved also, 
they both togither compounding one entyre 
proposition. 

Hearein therfore consisteth the difficulty. 
And this will we endeavour to prove, that 
whosoever frameth a trew ^position in his 
mynde and vttereth some part therof in 
wordes, w ch of them selves, beyng taken 
severall from the other parte reserved, were 
false, doth not say false or lye before God, 
howsoever he may be thought to lye before 



OF EQUIVOCATION. 11 

men, or otherwyse committ therin some 
other synne. Ffor yet we will not cleare this 
partye of synne hearein, wherof wee will 
speake heareafter ; but only at this present 
we defend hym not to haue lyed. 



12 A TEEATISE 



P .6. in CAR 3 m. 

31 S. 



THAT THERE ARE SOME PROPOSITIONS WHOSE VERETYE 
IS NOT TO BE IUDGED ACCORDING TO THAT W CH 
IS VTTERED IN WORDES SEUERALLY, BUT ACCORD- 
ING TO THE WORDES AND SOME OTHER THINGE 
VNDERSTOOD OR RESERVED. 



FIRST therfore, that such a mixte ^position 
is to be found, the very nature of a ^position 
doth sufficiently e proove. Ffor the essence or 
whole nature of every ^position, as we learne 
P. de in- out of Aristotle, is in the mynde ; and voyces 

terpr. .. 

and wrytinges are ordayned as instruments 
or signes to expresse that ^position w ch is 
in the mynde. Therfore as I may expresse 
all in word or all in wryting, and the ^position 
of the mynde remayneth the same, so may 
I by an other kind of mixte ^position expresse 
part and reserve part, and yet the ^position 
of the mynde beyng not altered at all. 

Besides there may be a mixture of a written 
and vocall pposition : as if I should, intend- 



OF EQUIVOCATION. 13 

inge to speake this ^position, " God is not 

vniuste," loose sodainely my speech before I 

had spoken the last worde, or of sett purpose 

holdinge my peace, exhibite the last worde 

in wry ting, who doubteth but all that were 

but one ^position, whose verety were to be 

adiudged according to both partes togither? 

Even so is it in a mixt ^position, wherof 

eyther for impossibility or other respectes 

part is reserved in the mynde. Neyther 

skylleth it that the partye to whom I speake 

vnderstandeth not that w ch I reserve as he 

did that w ch was written for the supplye of 

the vocall proposition ; for at the least God 

vnderstandeth the speech of the mynde, and 

so he seeth also this w ch I reserve, and know- 

eth all to be trewe. And whether there be 

any faulte in deceiving of the hearer or no 

we will examine heareafter; onely this we 

affirme, that there is no lye ; but as the altering 

of the signes w ch do expresse o r mynde, partly p. 7. in 

speaking and partly wry ting, alter not the 

verety of the ^position., so the expressing part 

and reserving part doth not make before 

God the ^position of any other condition than 

before. 



14 A TREATISE 

Finally there is never falshood in the 
voyce but there is first falshood in the mynde. 
Wheras verety and falsitye are principally 
in the vnderstanding, and than secundarylye 
in the voyce, as in an expressive instrument of 
that which was false in the mynde. But here 
is no falshood in the vnderstanding, whan I 
say inwardly, " I knowe not for to tell yo u ," 
for it is most trewe ; than is there none 
in the wordes. And yet those wordes w ch 
are vttered, if they be taken alone, are most 
false ; therfore that we may cleere them of 
falshood, we must say of necessitye that they 
be but part of a proposition, the rest beyng 
reserved in the mynde. And so are we con- 
strayned to acknowledge such a kinde of 
mixt proposition w ch we haue defended. 

And hence we may vnderstand the differ- 
ence betweene these very same wordes (I 
knowe not) whan they be an absolute vocall 
^position by themselves, and when they 
are but onlye a part of that other mixte 
^position, consisting partly of that wh ch is 
reserved or vnderstood. Ffor whan it is an 
absolute vocall ^position, it is false, because 
false is that ^position in the mynde, to 



OF EQUIVOCATION. 15 

wh ch it fully aunswereth. But whan it is onely 
a part of this ^position (I knowe not to 
tell you) than is it not false, neither maketh 
it an entyre sense of it selfe, wh ch woulde be 
false ; but togither w th the part reserved 
maketh a very trewe and pfect meaninge. 

Two other reasons, or at the least otherwise 
vttered, I will bring of 2 great Devines, wh ch y^ de 
will more declare that wh ch hath bene sayed. disp. 5. 
In case that a man be not lawfully asked pl 
(wh ch whan it may happen we will after de- 
clare), it is as lawfull for a man to use wordes 
for to signifye what sense he will as if he 
were asked by no manner of person, or 

of no determinate thinge, as for example, P. s. in 

IVT^ 
if he were alone or before others, and 

for recreation sake or for other end should 
talke w th hym selfe. But whan a man is asked 
of none he may w th out a lye speake, and by 
his speech vnderstand a farr different matter 
than that wh ch others vnderstand whan he 
aunswereth them to theire demand ; therfore 
he may w tb out lyinge do the same whan he 
is unlawfully asked. Neyther is this a lye, 
but it is to conceale one determinate trewth, 
and to tell an other truth farre diverse from 



16 A TREATISE 

the other. As in a familiar example, if a 
man whan he is asked " how many myles it is 
to London," should aunswere that " it is than 
noone ; " this were no lye but a trewtt 
(although discurteously vttered), yet no lye. 
Besides (sayeth this Author) it is not a lye 
to vse wordes wh ch according to the commoun 
custome in such a matter as is in question 
cannot be rightly vnderstood, or in a trewe 
sense to the purpose ; but a lye doth consiste 
in this, that a man do intend to deny w th 
wordes that very trewth wh cb he conceiveth 
in his mynde. But this is not so in this case, 
for he contraryeth not the truth wh ch to hym 
selfe he conceiveth, but rather he signifyeth 
an other divers truth, as we sayed before. As 
for example, one asketh me " whether I heard 
masse such a day : " I aunswer " No." If I 
should meane heareby to denye that I heard 
masse absolutely, I shoulde lye ; but I meane 
not to denye that, but an other thinge wh ch 
trewlye I conceave and trewely may be de- 
nyed, as that " I heard it not at Paules " 
or such like. And it skylleth not, whether 
those wh ch I speake to vnderstand it amisse 



OP EQUIVOCATION. 17 

or no, as long as vniustlye and rashely and 
wickedlye I am asked by them. 

An other Devine thus defendeth such Bannez. 2. 
speeches from a lye, whan according to the a i. 2. 
circumstance of place, tyine, and persons, 
some particles may in a ^position be vnder- 
stood and supplyed, wh ch , if they were ex- 
pressed, woulde make a manifest truth. In 
such case it is all one whether those particles 
bee expressed or concealed. As for example 
A farmer hath come to sell. He selleth p - 9- in 

TVT^ 

all that he can sell because he reserveth 
the rest for his owne necessary vse. Than 
cometh one and desyereth to buy corne. He 
may trewly say and sweare (if it be needeful) 
that he hath none ; for the circumstance of 
the person interpreteth the meaning to be, 
that he hath none to sell. In like manner 
sayeth o r Savio r (Mat. ix), " The ghirle is not 
deade, but sleapeth ;" and yet the ghirle was 
in deede deade, but considering the circum- 
stance of the person of o r Savio r , this gpo- 
sition was trewe ; because in respect of his 
power and will, it was as much as if she had 
beene but a sleepe. Even so in this case of 

c 



A TREATISE 

examination before a magistrate, if the partye 
accused and vniustly asked should expresselye 
say, "I, as one subiect by lawfull pceed- 
ing of lawe vnto thy interrogation, have 
not heard masse ; " this ^position were trewe 
( sayeth this Authour ), for it is as the 
Logitians call it a negative ^position de sub- 
jecto non supponente. Or if he should ex- 
presselye aunswere*, "I did not heare masse 
so that I can be lawfully charged therfore, or 
accused by any," who can deny but this is 
trew ? Than is it all one to suppresse these 
particles and to aunswere onely thus, " I did 
not heare masse." And the judge, if he be 
wise, hath cause alwayes to vnderstand these 
particles ; for so the circumstance of place, 
tyme, and pson do iustely afforde, as shalbe 
sayed hereafter. 

But what needeth this metaphisicall con- 
sideration, whereas we have irrefragable ex- 
amples, whereby we may not onelye prove 



* Here is written by Garnet, in the margin, for 
insertion in the text : [Nego .pposita sicut pposita 
sunt, w ch (as Soto sayeth) was the auncient answer 
and contented all good iudges : or] 



OF EQUIVOCATION. 19 

that such ^positions may be founde, but free 
them also from all manner of falsehoode, 
except we will blasphemouslye condemne of 
falsehoode the most sacred word of God and 
the authour therof hym selfe. 



c 2 



20 A TREATISE 



P. 10. in CAP. 4 ra . 

MS. 

THAT SUCH MIXTE PROPOSITIONS AEE PRACTISED 
OFTENTYMES BOTH IN GOD's WORDE AND BY OUR 
SAVIOUR HYM SELFE, AND BY HIS SAINTES, WHERE 
SOME DIUERSITYE OF OPINION AMONGST SCHOOLE- 
MEN IS EXAMINED. 



Psai. i. " THE wicked (sayeth Dauid) shall not arise 

againe in the iudgement." It is a false and 

hereticall pposition, except we vnderstand 

that they shall not arise againe vnto euer- 

lasting lyfe, w ch undoubtedly was ment by 

Dauid in that place, and yet not expressed. 

"Est oratio mixta, ex ilia parte scripta vel 

vocali, Non resurgent impii in iudicio, et ex 

See Navar. ilia mentali et subintellecta, Ad gloriam 

Humana? eternam, quae est de fide." Thus sayeth 

aures, 3. Navar. 

Jo. 15. 2. The infallible verety sayeth to his dis- 

ciples, " You I have called freindes, because 
all thinges whatsoeu r I heard of my ffather I 

Jo. 16. have notifyed vnto you." And yet in the 



OF EQUIVOCATION. 21 

chapter followinge he affirmeth that he had 
many thinges to say vnto them, but they 
could not beare them at that present. Than 
must the first ^position be vnderstoode ac- 
cording to his meaning reserved, that he had 
notifyed all thinges which he had heard of his 
ffather, and were fitt for them to heare, as 
S* Chrysostome expoundeth. 

3. The like restrictions are used in infinite 
places of holy Scriptures. As that what- Mat. is. 
soeu r two faythfull persons should aske, it 

shal be doen to them. And that the holy Jo. ie. 
ghoste should teache all trewth. And yet 
we know that not eu r ye thinge w ch is asked 
is graunted, except there be all manner of 
dew circumstances. And the holye ghoste 
teacheth not the Church all trewth ; for than 
shoulde the Church know also the day of 
judgement and the secreates of hartes ; but 
only sucfr trewth as pertayneth to the neces- 
sary instruction of the same Church. 

4. Our Saviour sayeth, in like manner, P- 11. in 

"VFS 

that he was not sent but to the sheepe w ch Mat. 15, 
were loste of the house of Israel ; and yet 
must not we wh ch were Gentils dispaire of 
our salvation ; for he meaneth that he was 
c 3 



22 A TREATISE 

first sent vnto the Jewes, as S* Hierome ex- 
pounded^ and afterward to the Gentyles, 
thoughe he vttered not so much. 
Jo. n. 5. Herevnto we may adde the wordes, 

" Non est mortua puella sed dormit," w ch 
were cited in the chapter before, [and Lazarus 
his infirmity is not to death]. * 

jo. . 6. He likewise sayed unto the Jewes, 

" Quo ego vado uos non potestis venire," and 
the same words againe to his disciples after- 
ward, " Et sicut dixi Judaeis, Quo ego vado, 
uo? non potestis venire," in farre different 
sense to the one and to the other. The first 
should never go whither he went, the other 
were to come, but not yet ; and therfore 
o v Saviour expounded hym selfe, after 
saying to S* Peter, "Quo ego vado, non 
potes me modo sequi, sequeris autem postea." 
So that in the first speech * f when he sayed 
[to y e apostles], " As I sayed to the Jewes, 
whither I go you cannot come," [in that 
speech] was vnderstood the worde (modo) 

* These words in brackets are added by Garnet. 

f These words " in the first speech " are deleted by 
Garnet, who has inserted the corrections marked 
within brackets. 



OF EQUIVOCATION. . 23 

now, or as yet, w th out w ch the saying had 
bene false. Ffrom the disciples non abstulit 
spem sed praedixit dilationem. But the 
Jewes were never to goe, quibus praescius 
dixit, " In peccato vestro moriemini," as S* 
Augustine noteth, tract. 28. in Joan. 

7. The apostle speaking of God sayeth, P. 12. in 
" Quern nullus hominum vidit, sed nee videre i xi m . e. 
potest," whome no man ever hath scene nor 
can see. The first particle must haue some 
exposition; for if Moses, as most holy fFa- 
thers do affirme, and our blessed Ladye, as 
most schoolemen holde, or S*Paule hymselfe, 
before that time sawe the very essence of 
God ; and absolutely, whereas sowles in 
heaven did then see God ; then the meaning 
must be, No man hath seen God w th corporall 
eyes, or by the naturall power of his sowle ; or 
so that he comp s hended him w ch is incom- 
p s hensible, or in this lyfe pmanently, but as 
it were by passage. The second also must 
needes have the same conditions vnderstood, 
for the tyme will come when " uidebimus eum Jo. 3. 
sicuti est. Videmus nunc per speculum in 
aenigmate, tune autem facie ad faciem." Cor. is. 

C 4 



24 A TREATISE 

Mar. is. 8. Our Saviour sayed to his disciples that 
he hym selfe knewe not the day of judgment, 
but his ffather onlye, w ch by consent of 
the holy ffather is to be vnderstood that he 
knewe it not for to vtter it, although they 
were never so desyerous to knowe it, wheras 
his ffather knowing it had vttered it, vnto 
hym as man : for otherwise we knowe that 

Joan. ult. S* Peter trewly said, " Lord, thou knowest 
all thinges." And S* Paule affirmeth that in 
Christ were hydden all the treasures of the 
wisdome and knowledge of God. So that it 
is a Catholycke veritye that he knewe the 
day and hour of his dreadfull iudgement, not- 
w th staunding this equivocall sentence, wher- 
in he seemeth to deny that he had anye such 
knowledge. 

Trewe it is that some holy ffathers do 
geve other expositions t of this place of S* 
Marke ; yet none condemneth this. Yea, all 
that treate of this texte do bring such exposi- 
tions as necessarylye requier a supplye of 
some thinge not expressed but vnderstoode. 
S l Gregory e, though he bring the former ex- 
position, yet doth he bring also an other. He 
knew not (sayed he) that daye, not in his 



OF EQUIVOCATION. 25 

owne person, but in the person of his 
Churche. 

The same S* Gregory and also S* Am- 
brose, St. Gregory Nazianzen, and S* Cirill 
expound it thus ; he knewe not by hu- 
mane knowledge but by divine revelation 
or infusion. 

S* Epiphanius, S* Chryostome, S* Bernard Gen. 3. 
thus ; he knewe not practically, as Adam 
before he synned had no practicall know- 
ledge of synne. But God the ffather knewe 
practically the day of judgement, because 
" omne iudicium dedit filio ; " and so in a 
manner he had alreadye iudged. 

But the best exposition w cb almost all do 
bringe is the first, that he knew not for to P. is. in 

TVTS 

vtter it, w ch is of S* Gregory, S* Ambrose, 
S* Hierom, S* Chrysostome, Theophylact, S* 
Basil, S* Augustine. Yet neverthelesse all 
these expositions (as I sayed before) do con- 
firme the lawfull use of these mixt |>po- 
sitions.* 

Two obiections may be here propounded. 

* Vide loca apud Bellar. 1. 4 de Xpb. c. 5. et plura 
apud Suarez, 3 p. q. 10. ar. 2. in comentario. 



26 A TREATISE 

The first that these wordes were thought to 
be putt in by the Arrians (neq, filius), for 
to derogate to the Divinity of our Saviour ; 
and so in deede do S* Ambrose and S* Hie- 
rome suspect. But to this two answeres may 
be made; ffirst, that although these two 
ffathers had absolutely thoughte so, yet so 
many others do not. And yet S* Hierome 
only suspecteth this fraude in the 24 of S* 
Mathew, where in deede neither the best 
copyes Greeke nor any Latyn have it ; [but 
all copyes both Greek and Latyn have it] * 
Mar. 13, w ch S* Hierome doth not denye. 
Secondly, not onely the other ffathers al- 
leaged, but these two also admitte the verity 
of the proposition " nec^ filius scit," although 
it had been added by the Arrians, and ex- 
pound it so many ways, as we have shewed, all 
\v ch be sounde enough. Yea, those 2 fathers 
approve our exposition. S* Ambrose vppon 
the 17th of S t Luke, " Xovit sibi, mihi autem 
nescit," he knoweth it to hym selfe but not to 
me ; and lib. de Fide, cap, 8., " Pone tamen 

* The words in brackets have been interlined by 
Garnet. 



OF EQUIVOCATION. 



27 



ab Euangelistis scriptum;"admitte, sayeth he, 
that the Evangelistes did write (neq, filius), 
yet doth he expounde it as we do, shewinge 
that it nothing prejudiceth the divinity of 
Christe. 

St. Hierome also vppon the 24 th of St. 
Mathew hath these wordes, w ch we will 
wholly putte downe. After that he hath 
admitted that in the texte there is " neq, 
filius, Igitur (sayeth he) quia probauimus 
non ignorare filium hominis consummationis 
diem, causa reddenda est cur ignorare di- 
catur. Apostolus super Saluatore scribit (in 
quo sunt omnes thesauri sapientiae et scientiae 
absconditi). Sunt ergo omnes thesauri sa- 
pientiaa et scientiae in Xpo : sed absconditi 
sunt. Quare absconditi sunt? Post resur- 
rectionem interrogatus ab apostolis de die 
manifestius respondit, ( Non est vestrum scire p. n. i n 
tempora vel momenta quae pater posuit in MS- 
sua potestate.' Quando dicit 'Non est ves- 
trum scire/ ostendit quod ipse sciat, sed non 
expediat nosse apostolis; vt semper incerti 
de adventu Judicis, sic quoq, viuant, quasi 
die alia iudicandi sint. Deniq, et conse- 
quens Evangelii sermo id ipsum cogit intel- 



28 A TREATISE 

ligi, dicens quoq, Patrem solum nosse, in 
Patre comprehendit et filium. Omiiis enim 
Pater filii nomen est." Thus much to Here- 
tickes. Now if any Catholick would thrust 
those wordes out of the text, he must have 
Sess. 5. patience, and be content to lett them alone, 
and remember the approbation of the Coun- 
cell of Trent of the vulgate edition as auten- 
ticall, and ghibition " ut earn nemo rejicere 
quovis p s textu audeat vel p s sumat." Yea 
Sotus 4. dist. 43. q. 2. ar. 2. sayeth it were 
hereticall to deny those wordes to be of the 
text, although Suarez [and Medina *] thincke 
hym herein too rigorous. (See Suarez 3 a 
parte, q. 10. ar. 2. in com.) 

The | second obiection concerning this place 
of St. Marke is, that albeit all schoolemen 



* Interlined by Garnet. 

t From here to the words " where we use," the 
passage is written by the same hand as the rest of the 
book, on a slip of paper, and pasted over another and 
a longer passage, which commences thus : " The 2. 
obiection concerning the place of S*. Marke is that 
diverse schoolemen who deny the lawfulnes of equi- 
vocations do also deny that in this saying of our Sa- 
viour, ' Neq films scit,' the Sonne of man knows not, 
is any equivocation at all." 



OF EQUIVOCATION, 29 

do graunt that in this place there is some 
equivocation (as Sotus hym selfe who is the 
most and first scrupulous in this poynte doth 
confesse), as doth also Petrus de Aragone, a 
late Professour of Salamanca [& all others] ;* 
and consequently by all good Devines' opi- 
nion and judgement some ordinary equivo- 
cations are lawfull [and in some cases neces- 
sary, for so sayeth Sotus] f, yet do some 
great Devines, as those two above named, 
and some other which follow them, distin- 
guishe two kyndes of equivocations. The 
one is when we vse such wordes as accord- P. 15. in 
ing to the accustomed manner of speech may 
have two senses, w ch may happen in two 
sortes, eyther because one worde of it selfe 
hath two significations, or because somewhat 
is vnderstood according to the ordinary cus- 
tome of comoun speech. 

An example of the first may be, if I be 
asked whether such a one be in my howse, 
who is there in deede, I may answere in 
Latin, " Non est hie," meaninge that he 
eateth not here, for so doth (Est) signifye. 

* Interlined by Garnet. f Interlined by Garnet. 



30 



A TREATISE 



And example of the second may be, if I 
be asked whether such a one was ever in my 
howse, I may say, " I knowe not," or " I re- 
member not," vnderstandinge in my mynde, 
that I knowe not or remember not for to 
vtter it ; ffor this addition (say they) accord- 
inge to the comoun manner of speech and 
nature of the wordes may be vnderstoode. 
And so there is no lye, but such equivoca- 
tion is lawfull, as is evidently convynced by 
this speech of our Saviour, who is the infal- 
lible trewth, and by other places which we will 
cite hereafter, as " Omnia quas audiui a Patre 
meo, nota feci vobis ; " that is, " omnia quas 
audiui (ut vobis manifestem modo"), and the 
speech of God to Abraham, " Nunc cognoui," 

Gen. 22. &c., that isj " now I have made thee knowe, 
or made thy posterity knowe, that thou fear- 
est God." 

P. 16. in But there is an other kynd of extraordi- 
nary equivocation, w ch these Doctors in no 
case allow, when besides the wordes vttered 
we vnderstand some thinge, w ch according to 
the usuall speech cannot be vnderstood ; and 
such equivocations do not excuse from a lye. 



OF EQUIVOCATION. 31 

Such is (say they) " Non feci," I did not, 
vnderstandinge " vt tibi dicam," that I may 
or ought to tell you, or I did it not yeaster- 
day. " Non habeo," I have it not, vnder- 
standinge for to geve you. " Dabo," I will 
geve you an hundred pounds; vnderstandinge, 
if I fynd it in Cheapeside ; and such other 
like, where there is no respect vnto know- 
ledge. 

The reason these Doctors alleage for that 
knowledge hath a certaine relation or con- 
nexion w th the vttering of our knowledge, 
but so hath not doynge, or having or beyng, 
or such other speeches. And so they say 
that this place or other like of o r Saviour 
maketh nothing for these extraordinary equi- 
vocations which we defend. This is Sotus 
his opinion, and a few w Gh follow hym, who 
was the firste w ch made scruple in this 
poynte, so far as we can fynd by any 
Authour. 

But this opinion seemeth to other great 
Devynes, and almost to all of our age too 
severe and scrupulous, and Nauar sayeth 
that Sotus " trepidauit timore ubi non erat 
timor," and that worthely. Ffor first, they 



32 A TREATISE 

cannot assigne any sufficient ground of this 
distinction betweene knowledge and other 
actions or trewthes. Some knowledge is 

p. 17. in not to be vttered; even so some actions and 
other veretyes are to be concealed, and on 
the other side some of these to be vttered as 
well as our knowledge is sometymes. And 
wheras they bring for j>ofe of this distinction 
the example of our Sauiour in this very 

Jo. 1 5. place, and where he sayed, " Omnia quae au- 
diui a Patre meo, nota feci vobis," meaning 
that he had made knowen to his disciples all 
thinges w ch he knewe w ch were to be tolde 
them at that p y sent, we can in like manner 
bringe other places of o r Savio r and holy 
Scripture, where somethinge is vnderstood 
in other matters then of knowledge, as ap- 
peareth by the places alleaged and by the 
next w ch we will bringe. 

In like manner, wheras they bringe as a 
special grounde of this opinion the sayinge 
of God to Abraham, " Nunc cognoui quod 
times Deum," now I know that thou fearest 
God ; that is, now I have made thee know 
that thou fearest God (w ch is the comoun ex- 
position of that place) ; this trewlye seemeth 



Or EQUIVOCATION. 33 

not to argew* necessaryly that "nescio" 
may more properly signify "scire te non facio," 
or that w ch is all one, se nescio vt dicam tibi," 
then "non ascendo,"or "non facio," may sig- 
nifye "non ascendo," or "non facio vt dicam 
tibi ; " but in both speeches the circumstances 
of tyme, place, matter, person, intention, and 
such like, may alike make a supply of some 
thinges to be vnderstood. Besides, let there 
be two men, the one that knoweth a trewth, 
the other that knoweth it not. Let both be 
examined. They both answere, " I know 
not." What is there, if we regard the pper 
sense of the word "nescio," why in one it 
should signifye " I knowe not" simply, and in 
the other " I knowe not to tell you " ? wheras, 
accordinge to the rule of Logick, a negation 
doth absolutely take away all that followeth it. 
If yo u say, because he that knoweth is not 
bound to tell, therfore that is vnderstoode, I 
say the like of the other answeres, " I did it 
not," nor " I haue it not," in cases in w ch the 
like reasons may move to vse these mixt 
propositions of w ch we speake. 

* Written " agree" in the MS., but corrected by 
Garnet. 



34 A TEEATISE 

P. is. in [Also * lett one w ch hath certain knowledge 
of a truth w ch he is not bond to discouer, 
but ought to conceale, let this man answer 
" Nescio," yet hauing no reseruation in his 
mind, that he knoweth not for to vtter. 
This man surely hath lyed. Then it is not y e 
nature of y e word to allow some reseruation, 
and so to save fro a lye, but it is the free 
conceit of the speaker ; therfore the like is in 
others also.] 

Ffurthermore, the most Devynes allow, 
and sometyines it is necessary that a Confes- 
sour do say, that such a one did not confesse 
such a synn vnto him, vnderstandinge so 
that he is bound to tell. Neither doth it serve 
heare to vnderstand it thus, " he confessed it 
not to me as to a man." Both because the 
negation doth absolutely signifye that he did 
not at all, and also for that it is false that 
he did not confesse it as to a man, as Nauar 
proveth. Therfore here must be vnderstood, 
" vt dicam," or " vt dicere tenear." 

* This paragraph between brackets, from "also 
lett," to " others also," is written by Garnet at the 
foot of the page, and marked for insertion in this 
place. 



OF EQUIVOCATION. 35 

Ffynally, although they did convince that 
this sayinge of o r Saviour is not extraor* 
dinarily equivocall, if we vnderstand it so that 
he knoweth not the day for to tell his dis- 
ciples, yet they cannot say so accordinge to 
the other expositions w ch we haue brought 
out of the ffathers. So that the ffathers 
allow such kynd of ^positions w th out any 
order of vttering or not vtteringe, as yo u 
may easely see if you runne over the other 
expositions, " Nescit in persona Eccliae, non 
humana scientia, non practice." What na- 
turall connexion is here betweene the wordes 
expressed and vnderstood ? So that we must 
needes iustefye these kyndes of speeches not 
by any necessary connexion or illation of the 
wordes vnderstood, but by the free conceipte 
of the speaker, vnderstandinge what he lis^ 
teth ; whether it be nescio (vt dicain tibi), 
or nescio (hominem ilium), or non feci (vt 
dicam tibi), or non feci (aperte), or non feci 
(ut tenear respondere tibi), or non habeo (ut 
tibi donem), or dabo (scz si invenero in platea), 
or such like ; yet, as we will say hereafter, 
with dew regard of the matter, intention, 
person, and other like circumstances. So that 

D 2 



36 A TREATISE 

to be an ordinary or extraordinary equivo- 
cation, altereth the verety of o r speech 
nothing at all. 

I haue bene large in the exposition of this 
text as also I must be in the next, for to for- 
tefye both these places, w ch serve much for 
our turne, against all cavilles of such as are 
ready to condemne the opinion and practise 
of the most learned men w th out iust foun- 
dation. 

9. The last place w ch we will bringe is, 
phaps, of greater force, because evidently it 
concerneth a matter of action, not of know- 
ledge, as the former did, and so it is not 
subiect to the former distinction. Christ 

Jo. 7. sayeth vnto his bretheren, " Goe you vpp 
to this festivall day, I goe not vpp to this 
festivall day." And yet the Evangelist sayeth 
he went afterward. For w ch cause Porphy- 

Lib. 2.cont. rius, an enemy of Christ, as St. Hierome re- 
porteth, reprehendeth blasphemously o r Sa- 

p. 19. in viour of inconstencye and levytye, as one who 
chaunged his mynde, w ch were wickednes to 
imagine. Neyther neede we to take out 
these wordes out of the text, as some rashely 
woulde, or take away the worde (this), as if 



OF EQUIVOCATION., 37 

he had sayed, " I goe not vpp to a festivall 
day," meaning of some vncertaine festivall 
daye, but not of that p s sent. Ffor the vvordes 
are to be expounded thus ; " I will not go vpp 
yet," or " to this feast," or " I will not goe w th 
yo u ,"or " manifestly [as the Messiah] *, but in 
secrett ; " which is an evident defence of our 
cause, for the use of such ^positions w ch 
have somewhat reserved or vnderstoode in 
the mynde for theire verefication. 

Ffor a full confirmation of this doctrine we 
must examine, first, two poyntes about this 
text, and then see howe the holye ffathers 
do concurre w th vs vppon the same. 

The somme of the text is this : Jesus Jo. 7. 
woulde not goe into Jeurye because the 
Jewes sought to kill hym, and the feaste of 
the Jewes called Scenopegia was at hand. 
His bretheren sayed vnto hym, " Depart from 
hence and goe into Jeury, that thy disciples 
also may see thy workes w ch thou dost ; mani- 
fest thy self e to the worlde." Neyther did his 

* The words in brackets are interlined by Garnet, 
who adds in the margin, " ita interpretat. Bell* in 
Dictatis." 

D 3 



38 A TREATISE 

bretheren beleeve in hym. Jesus therefore 
sayeth to them, " My tyme is not yet come, 
your tyme is always readye," &c. " Goe you 
vpp to this festival! day ; I goe not vpp to 
this festivall daye, for my tyme is not yet 
fulfilled." Whan he had sayed these thinges, 
he stayed in Galiley ; but so soone as his 
bretheren did goe vp, he also went vpp to 
the festivall day, not openlye, but as it were 
in secreate. 

Ffirst, therfore, we must examine whether, 
in the speech of o r Saviour, " Ego autem non 
ascendo ad diem festum hunc," the word (as- 
cendo) have the force of the p'sent tense or 
of the future ; for albeit in some textes it be 
(ascendam), yet the best Vulgate edition and 
all the Greeke hath the p s sent tense. Yet 
notw th standing [I say that] * it hath the force 
p. so. in of a future ; as if our Saviour had sayed 
" Non ascendam," I will not goe vpp. This is 
Jo. 20. no vnusuall thinge in Holy Scripture. " I as- 
cend vnto my father," sayeth our Saviour ; 
Jo. 10. also, " Ego pono animam meam." And againe, 
Jo. 16. " Vado ad eum qui misit me ; " also, " Etiam 
Apoc. uit. venio cito," and infinite such like. This is a 
* The words in brackets are interlined by Garnet. 



OF EQUIVOCATION. 39 

thinge well knowen to the Grammarians, 
who have a certaine figure w ch they call 
Enallage ; one kynd wherof is Enallage tem- 
porum, when one tense is putt for an other, 
wherof we may reade Lynacre and Ema- 
nuell's grammer, and such as haue written of 
figures at large. Neyther is this unknowen 
to our eountrey speech : " Doe this, and yo u 
haue gott the victory," the p'terperfect tense 
for the future ; " Gett my fathers consent, 
and I geve myne," the p'sent tense for the 
future ; " I goe not to London this terme," for 
"I will not goe." Even so doth o r Saviour say, 
" I goe not vpp to this festivall day," insteede 
of, " I will not goe," w ch is most manifest : for 
first, all the ffathers vnderstand it so, as shalbe 
shewed; Porphyrius also, as was sayed 
before. And it had bene impertinent to 
aunswere his bretheren that he went not vpp 
at that very instant, for they sawe it well 
enoughe. 

Secondly, we must determine whether our 
Saviour sayd non ascendo, or nondum as- 
cendo ; for if he sayed, " I goe nott vpp yet to 
this feaste," then is there not so great strength 



40 A TREATISE 

in this argument by the force of the wordes 
them selves as would otherwise be. Although 
it be very gbable that our Savio r spoke in 
sorte that his bretheren vnderstoode that he 
woulde not go at all at that feaste, inso- 
much that we may very well take those 
wordes, "nondum ascendo ad diem festum 
hunc," that he would not goe at all at this 
tyme. And so the argument may still be of 
force; for he sayed he would not goe, and 
yet afterward he went. And some pbabilitys 
may be had therof ; First, because his bre- 
theren knewe that the Jewes hated hym, 
MS 1 in anc ^ tner f re by his aunswere thoughte that 
he ment not to goe. Secondly, because if 
they had not vnderstood hym that he would 
not goe at all, they beyng desyerous of some 
vaine estimation by our Saviour's working 
miracles in theire company e (as noteth* an 
expositour), they would have stayed longer 
for hym. Thirdly, because our Saviour 
geveth his reason, " quia tempus meum non- 
dum est impletum," w ch marier of speech he 
alwayes vseth of his passion, w ch was then 

* A blank space had been left for the name, which 
Garnet has filled up by these words, " an expositour," 



OF EQUIVOCATION. 41 

farr of; neither could his bretheren vnder- 
stand, but that he ment to stay a longer tyme 
then was the continuance of the tyme of that 
feaste. So that we gbably defend that o r 
Saviour vsed such words (although he sayed 
nondum), as made them vnderstand that he 
woulde not come to that feaste, and yet went 
after, w ch if it be so it skylleth not whether 
we reade (non) or (nondum). But letting 
this passe, I saye, that albeit in all the 
Greeke copyes now extant it be "STTW, non- 
dum, and so did S* Chrysostome and Eu- 
tinius reade, yet did S* Cirill, a Greeke 
authour, read enegatively (non). Also all the 
Latyn ffathers reade (non), and therfore the 
very Heretickes them selves oughte to ad- 
mitte this readinge, at the least so farre forth 
as to seeke out some sufficient and trewe 
exposition therof; and all Catholickes are 
bounde to admitte (non), because so it is in 
the Vulgate edition. 

Then doth it remaine that o r Saviour 
Christe sayinge that he would not goe, and 
goyng after, did reserve some secreat wordes 
to make a gfect explycation of his trew mean- 
inge (for we cannot w th out blasphemy e say 



42 A TREATISE 

that he chaunged his mynde, or was at that 
tyme irresolute what to do, beynge the in- 
finite wisdome of his ffather), and so do the 
holy ffathers expounde. 

[*St. Cirill, 1. 4. c. 3., expoundeth it thus; I 
will not goe (that is) to this feaste, as to 
P. 22. in celebrate it solemnely after the judaicall 
rnaner, for it was a figure of him, and he 
being come which was the truth, y e figure 
was fulfilled. 

S. Aug. Tract. 21. I will not go vp (to 
seek my glory) for my time is not yet come 
to manifest my glory. 

The same againe vpo those wordes (ubi est 
ille ?) sayeth he meant not to ascend against 
the first or second day, but about y e middest 
of y e weeke. So also expound Eutherius, 
S. Cirill, and Ammonius. 

So that we have now most sufficiently |>ved, 
both out of scriptures and fathers, the law- 
fulnes of these mixt ^positions. 

To these we adde y e opinions of many 
Deuines. Adrian f sayeth it was y e comon 

* From this paragraph to the end of the chapter is 
in Garnet's handwriting. 
f 4. q. de sig. cof. 



OF EQUIVOCATION. 43 

opinion in his time of Doctours. Caietan.* 
Nauar f sayeth, without any scruple a man 
may sweare such equivocations, and he citeth 
for himself, S. Hierom, S. Greg, S. Thomas, 
Richardus Scotus, Henricus de Gandauo, 
Paludan, Maior, Angelus de Perusia, Joan, 
ab Arania, and the glosse receiued by all 
canonists, 22. q. 2. in cap. ne quis. See the 
oth r places in Nauar. 

Besides Siluester|,Henriquez, Decisiones 
aureae of Jacobus de Graphiis, a very grave 
authoure||, Greg 8 , de ValencialF, Emanuel 
Sa * *, and Bannez f f, who herin forsaketh 
Soto, and alleageth one Penna a predecessour 
of his in y e chaire of Salamaca, and setting 
downe Soto his reason, sayth, " Sed quatu 
ponderis habeat ista ratio, non est facile Itel- 

* Opusc. 17. qq. resp. 5. 

f In cap. Humanae aures, et in man. c. S. n. 19. 
c. 12. n. 19. et 14. et c. 18. n. 61. et cap. 25. n. 44. 

I Verbo accusat 3 10, et Juramentu 3. 2. et 
Juram n 4. q. 7. et Mendaciu, 6. 

1. 3. de pcenit. c. 19. n. 7. lit. 0. et in glossa, 
H. I. K. O. 

|| 1. 2. c. 17. n. 9 and 12. 

^[ Ubi supra. 

** Verbo Juramentu, et v. Mendacid. 

tt q- 69. ar. 2. 



44 A TREATISE 

ligere," as in deed it is not ; Toletus *, and 
diuerse others. 

I see not then how without arrogat teme- 
rity any Catholick can condemne this o r 
opinio as imgbable, or (it being gbable) 
p. 23. in affirme y e practise therof in time and place 

iVl o. 

to be sinfull. For although it be comendable 
in matters onely concerning o r selues, of 2 
gbable opinions, alwayes to chuse y e more 
gbable, and so if the cotrary opinio in this 
our cotrouersy be more gbable then ours (w ch 
I think is not) it were better to follow it in 
Nauar,c.27. practice, in o r owne affaires, then this w ch 

N.281 and i p i , -., , ,1 i i ,1 

284, and we defend ; yet is it certain that when both 

T\' 0o opinions are gbable, a man may without 

Dubiu. et sinne folow either, if it may be done without 

preiudice of o r neighbour ; and if one be lesse 

pbable then y e oth r , yet so long as it is within 

y e copasse of gbability, w ch it is if it have 2 

or 3 grave autours (as ours hath very many) 



* 1. 4. instr. sac. c. 21. 

Serarius in cap. 13. Judith, who citeth Michael 
Salomius, whome I have not seene, but it seemeth he 
handleth this matter exactly. Also Binsfeldius, Al- 
phonsus Villagut. 1. 1. c. 5. 

En quatse nubes testiu gravissimoruni. 



OF EQUIVOCATION. 45 

then may a man be bound vnder sinne eith r 
of disobedience, or iniustice, or omissio of 
dew charity, to chuse y e lease gbable, in case 
a su|>io r comaund or o r neighbour may be 
otherwise notably indamaged ; w ch doctrine is 
manifest. 

But of this question of chusing an opinion, 
where 2 cotrary be gbable (for in all things 
to seek equall certainty, illiberalis ingenii 
est), see D. Rich. Hall. 1. 2. de conscietia, 
c. 7. 8. 9. who in his 10. chapter very lernedly 
noteth that y e gbability of an opinio is not 
alwayes to be measured by y e multitude of 
Doctours, but by their gravity, mature iudge- 
met, indifFerency, incorruptio, and pfect 
knowlege of y e case gpounded; and he 
bringeth a notable example of the vniuersity 
of Paris, where, when y e greater part of y e 
theologicall faculty had concluded against y e 
autority of y e Pope in dispensing ut aliquis 
ducat relictam fratris, y e Deane of y e faculty 
would in no case subscribe. Wher vpo being p. 24. in 
charged that by his oath he was bound to 
subscribe and putt his scale to any decree of 
y e greater part of Doctours, he very wisely 
uttered his sentence, worthy to preponderate 



46 A TREATISE 

all the rest, and subscribed thus : " Ego N. 
Decanus facultatis Theologicse in alma Uni- 
versitate Parisiensi, ut Decanus subscribo 
maiori parti Doctorum aliorum, no ex mea 
ppria setetia et opinione." 

Then do I conclude that, cosiderig y e gba- 
bility of this o r opinio, w ch as Bannez saith, 
is gbabilissima, a man may not only lawfully, 
but ought also to practise it in many cases 
occurret in these o r dayes, if he cannot other- 
wise auoide such inconueniences as may ofte 
insew to himself or to his neighbour. And 
this was that Blessed Father Southwell his 
doctrine, whom some would glad with their 
calumniations fetch out of heaven if they 
could. But wheras we, vpon dew care of o r 
consciences for to auoide cue veniall vntruthes 
in y e iust defence of o r selues fro iniuries, 
are so curiouse to examine this verity w ch we 
hope we have found out, by the grave defi- 
nition of so many Doctours, we do in all 
Christian charity beseech y e impugners of 
this opinion that what care and industry they 
bestow in carping at iust equiuocations, the 
same they will vse in auoiding to vtter so 
familierly as they do most manifest lyes* 



OF EQUIVOCATION. 47 

For otherwise, as hereticks need not to feare 
Purgatory, because hell is to be their home 
if they dye out of the Catholick vnity, so 
need not lyars to dispute of y e lawfull vse of 
equiuocation, they taking a readier way to 
serue their turne, by plaine vntruthes and 
euident pjuries.] 



A TREATISE 



P 25. in CAR 5 

MS. 



OF SOME OTHER WAYES OF EQ.UIUOCATION PRACTISED 
BY THE SAYNTES OF GOD, BESIDES THAT W CH 
PRINCIPALLY WE DEFENDED IN THE CHAPTER 
BEFORE. 



BESIDES these kyndes of propositions w ch 
we haue hitherto defended not to be lyes, 
although by them alwayes some trewth is 
concealed, there be some other wayes, wherby 
w th out a lye a trewth may be covered* which 
I will breifely sett down. 

1. Ffirst, we may vse some equivocall 
word w ch hath many significations, and we 
vnderstand it in one sense, w ch is trewe, al- 
though the hearer conceave the other, w ch is 
Gen. 19. false. So did Abraham and Isaac say, that 
Et 26. theire wives were theire sisters, w ch was not 
trewe as the hearers vnderstood it, or in the 
pper meaning, wherby a sister signifyeth 
one borne of the same father or mother, or 



OF EQUIVOCATION. 49 

of both, but in a generall signification, 
wherby a brother or sister signify eth one Gen. 13. 
neere of kynred, as Abraham called Lott his Gen. 12. 
brother, who was but his brother's sonne ; 
and our Lord is sayed to haue had brothers 
and sisters, wheras pperly he had neyther. 
The like vnto this were if one should be 
asked whether such a straunger lodgeth in 
my howse, and I should aunswere, " he lyeth 
not in my howse," meaning that he doth not 
tell a lye there, althoughe he lodge there. 

2. Secondly, whan vnto one question may 
be geven many aunsweres, we may yeelde 
one and conceale the other. So Samuel, l Reg. 16.* 
beyng comaunded by God to go to Bethlehem 
to annoynte Dauid kinge, sayed vnto God, 
" How shall I goe? for Saul will heare of it and 
kyll me." And o r Lord sayed, " Thou shalt 
take a calfe out of the hearde and shalt say, P. 26. in 

-I, jo 

I come to do sacrifice to o r Lord." And 
Samuel did as our Lord sayed vnto hym, and t 
came into Bethlehem. But the auncients of 
the cittye, wondring therat, mett hym and 
sayed, " Is thy coming peaceable ? " who aun- 

* This is a mis-reference ; the passage being taken 
from 1 Samuel, xvi. 



50 A TEEATISE 

swered, " It is peaceable; I am come to do 
sacrifice vnto o r Lord." Here Samuel vt- 
tered the secundary cause of his coming, and 
warely dissembled the principall, w ch not- 
w th standing they principally intended to 
knowe, and by this aunswere were put out 
of suspition therof. So may it happen that 
one coming to a place to heare masse may 
aunswere them who aske the cause of his 
cominge, that he came to dynner or to visitt 
some pson w ch is there, or with some other 
trewe alleaged cause satisfye the demaunders. 
3. Thirdly, the whole sentence w ch we 
pronounce, or some word therof, or the 
maner of poynting or deviding the sentence, 
may be ambiguous, and we may speake it 
in one sense trewe for o r owne advantage. 
Simeon So it is recorded of S* Frauncis, that beyng 
asked of one who was sought for to death, 



Sunum. wne ther he came not that way, he aunswered 
(putting his hand into his sleeve, or as some 
say into his eare), " He came not this waye." 
S 1 Athanasius, first flying by water his per- 
secutors, and beynge so narrowly pursued that 
he coulde not escape, turned his course back- 
wardes, and meeting the enemyes shipp, 



OF EQUIVOCATION. 51 

asked whome they sought for ; who aunswer- 
ing that they sought for Athanasius, he 
toulde them that he was a little before them, 
flying as it seemed some w ch pursued hym. 
And the angell Raphael beyng demaunded T <>b. 5. 
of what stocke or lynage hewas,aunswered, "I 
am Azarias, the sonne of great Ananias," w ch 
the good old Toby so verely beleeved, that 
he sayed he was of a great stocke. But the 
angell meant it in a misticall sense, according 
to the signification of those names.* Neither MS. 
were it repshensible in one w ch had just cause 
to say his ffathers name were Peter or Paule, 
because the apostles are the spirituall ffathers 
of the worlde. After w ch maner also Jacob Gen. 27. 
sayed he was Esau his brother, because mis- 
tically he was so in deede ; whereas God Reg. 9. 
had ordeyned that the elder should serve the menda?* 
younger, signifying, by spiritt of prophesy e, c< 1( 
that the people of the Gentylls, w ch was 
figured by Jacob, should be p'ferred before 
the Jewes. So if one should say to a theefe, 
" Juro tibi numeraturu me 200 aureos," the 
word (tibi) maye be ioyned w th (iuro) or with 

* Azarias is a helper of God ; Ananias, the grace 
of God. Note in MS. 

E 2 



52 A TREATISE 

numeraturu. In like manner a man may 
cunningly alter the gnuciation, as if, accord- 
ing to the Italian manner of gnunciation, a 
man should say, "tibi vro," for "tibi juro," w cb 
two examples Bellarmin bringeth in his Dic- 
tates 2. 2. q. 89. ar. 7. dub. 2 [as also before, 
q. 69. ar. 2. dubio 2.].* He allowed equivoca- 
tions w th out oath bringinge for proofe the 
speech of our Sauiour, Non ascendo, &c. 

4. To these three wayes of concealing a 
trewth by wordes if we adde the other of 
w ch we spoke before, that is, whan we vtter 
certaine wordes, w ch of themselves may en- 
gendre a false conceite in the mynde of the 
hearers, and yet w th somewhat w ch we vn- 
derstand and reserve in our myndes maketh a 
true ^position, than shall we have fower 
wayes how to conceale a trewth w th out ma- 
kinge of a lye. But how iustlye or w th out 
any other offence we will now examine. 

* The words in brackets are interlined by Garnet. 



OF EQUIVOCATION. 53 



CAP. 6 m . 

WHETHER IT BE ALWAYES LAWFULL TO VSE THESE 
EQUIUOCATIONS. 

THAT the vse of these fcyndes of concealing 
of trewth contayneth no falsehood or lye (w ch ^j s 28 ' m 
alwayes were a synne), but is altogither law- 
full in places and seasons, sufficiently may be 
gathered out of that w ch hath been sayed be- 
fore. Ffor if all these manners of ambiguous 
or impfect speeches have been vsed eyther 
by Chryst hym selfe, who is the patterne of 
all pfection, or by such holy psons as have 
bene in holy Scripture gpounded as samplars 
of our lyffe and actions, who doubteth but 
there may be the tyme and place whan vnto 
vs also it may be lawfull to do the like ? and 
so much the more, for that we live for the 
most pte amongst more violent and con- 
tinuall adversaryes. 

And yet is it very necessary that we ap- 
plye here certaine fitte lymitations, and vse 

E 3 



A TREATISE 

that convenient moderation, w th out the w oh 
neyther God could be pleased, nor the lyncke 
and conjunction of humane societyes, eyther 
sivill or ecclesiasticall and spiritual!, could be 
dewly maynetayned. Ffor yo u shall fynde 
some more inconstant then Proteus, more 
variable than the cameleont, more deceiptfuli 
than Simon, who in all theire speeches will 
equivocate. These amongst straungers wilbe 
flatterers, amongst theire freindes are scof- 
fers and gesters, toward theire superiours 
duble dissemblers, and toward theire equalls 
or inferioures deceiptfuli cosyners ; yo u shall 
never knowe where to fynde them, ho we to 
creditt them in theire assertions, or to truste 
them in theire promises. These psons, as 
they are not fitte for any honest conversa- 
tion, so may they be, and that not selldome, 
pnicious to any comoun wealthe. 

We must therefore vnderstand that there 

is a certaine vertewe, w ch not onely Catho- 

Arist. i. 2. licke Devynes but the heathen Phylosophers 

them selves haue required in a mans lyfe, w ch 

is called veretye ; not in that strict significa- 



> 29. in tion wherby it signify eth that condition of o x 

IVlo, 

speech \v ch is that it be trewe, but as it 



OF EQUIVOCATION. 55 

signifyeth a generall disposition of the mynde, 
wherby a man as well in speech as in action, 
and generally in his whole lyfe, w th out equivo- 
cation or dissembling, sheweth hym selfe such 
as verely he is, and neither more nor lesse. 
Such maner of men we may call sincere, 
playne, and honest dealing men, who not 
onely eschewe w th great diligence all manner 
of lyinge, but have also a speciall care to 
shewe exactly w th out that w ch is w th in; 
whence have growen those ordinary gtesta- 
tions " in veretye," " in trewth," " in good 
faytb," and such other like, more forcible 
bondes w th them than w th others most deepe 
and straunge swearinges. 

Yet as all vertewes consiste in a meane 
w ch is the avoyding of two extreemes, so do 
not these men eyther deceiptfully conceale 
that w ch should be vttered, knowinge that the Eccies. 2. 
Scripture say eth,"Va3duplici corde;"or on the 
other syde rashely blabb out whatsoever they 
knowe, the same Scripture so teachinge them, Prou. 25. 
" Causam tuam tracta cu amico tuo, et secretum 
extraneo ne reveles, ne forte insultet tibi 
cu audierit et exprobrare non cesset." And 
againe, "Qui ambulat fraudulenter reuelat 

E 4 



56 A TKEATISE 

arcana, qui antea fidelis est celat amici con- 
silium." So that as they are alwayes ready 
to deale sincerely, whan reason vrgeth them, 

i Reg. 21. so will they in warres lay ambushes, vse 
theire enemyes ensignes and armour, conter- 
feyte theire habite and language, and if neede 
be, also madnes, w th Dauid, for iuste polycye 
and honest advantage.* This vertew of syri- 
cerytye or veretye, as it always condemneth 
a lye and vnseasonable dissimulation, so on 
the other syde reprooving supfluous layinge 
open of our owne or others secreetes. 

P. so. in Because, therfore, as the wise man sayeth, 

Eccl. 3. there is " tempus tacendi et tempus loquendi," 
lett vs see the convenient tymes of this 

in cap. 2. fcynde of honest dissimulation, w ch St. Hier- 

ad Gal. 

ome affirmeth to be profitable " et in tempore 
assumendum," for to be vsed in dewe tyme. 
Where we may frame this generall ^position, 
that albeit these equivocations do make that 
our speech be not in deede and before God 
a lye, yet is it not sufficient in our speeches 
to avoyde a lye, but we are bounde to deale 
syncerely and playnely, so ofte as eyther this 

* S. Aug. 9. 10. in losue. This reference is added 
by Garnet. 



OF EQUIVOCATION. 57 

vertew of veretye alone, or w th all any other 
vertew of a morall or Christian lyfe, doth so 
require. I saye that this vertew of verety 
alone may sometymes require it; for in all 
our conversation we ought to deale sincerely, 
so that whansoeu eyther the health of o r bodye 
or sowle, pietye, charytye, iust profitt or 
necessitye, vrgeth vs not, these equivocations 
are vtterlye to be abolished, as veniall synnes 
at the leaste, if not mortall, as they may often- 
tymes be, though not in respect of this vertew 
alone, as we will say heareafter, yet in respect 
of the omission of some other notable dewtye 
w th all. 

Ffor oftentymes in respect of other ver- 
tewes we are bound to deale syncerely. The 
first whereof is fayth; w ch although we may 
hyde ordinarily by gmitting others to thincke 
that we are of a false religion, or by not 
shewinge ourselves what we are, except 
eyther some notable glory of God, or great 
profitt of our neighbour, may seeme to bynde 
vs ther vnto, yet may we never, no, not for 
to save our lyfe, or goods, or the whole worlde, 
eyther expressely make any shewe in worde 
or deede of a false religion, or geve any suffi- 



58 A TREATISE 

cient cause that probablye others may thincke 
P. si. in so of vs. Ffor this beyng a thinge so neerely 
concerning the honour w ch we owe to God 
and the pfitt of our neighbour, we are bound 
to shewes no other than we are; which 
although in other cases it be not alwayes 
necessarye, yet in matters of fayth and reli- 
gion we must neither denye nor blushe at our 
Saviour, and the gfcssion of his faythe and 
religion, least he denye and blushe at vs before 
his ffather and the holye Angels ; neyther is 
Ko. 10. it sufficient (f corde credere ad iustitiam, nisi 
ore etiam confessio fiat ad salutem." 

This may also be confirmed by the example 
of S* Peters denying of o r Saviour, whose 
wordes all of them, albeit they might haue 
had some trew sense if he had intended 
the same, as he did not ; for he knew not 
Christe pfectlye, wheras none knoweth the 
sonne but the ffather : neither did he knowe 
the man whom they spake of, wheras he was 
not a pure man, but also God ; neither did 
he follow Jesus of Nazareth as one of Galiley 
or of Nazareth, but as the sonne of God, 
and the Messias of the worlcle ; and whan, 
beyng charged to be a disciple of Christe, he 



OF EQUIVOCATION. 59 

aunswered " I am not," his wordes might also 
have had a trew sense, for God is he onely 
w ch is, in respect of whome all creatures are 
nothinge ; although, I say, S*. Peter had 
intended all these and other meaninges, as 
S* Ambrose largely discourseth, yet had he 
synned. " Non enim satis est involuta res- Amb. i. 20. 
ponsio confitentis Jesum,sed aperta confessio; ln 22 Luc ' 
quidprodest verba inuoluere, si videris dene- 
gasse?" where that holy ffather most gravely 
condemneth all equivocation, whan we may 
seerne to deny our faythe [and yet cofirmeth 
o r opinio in oth r lawful causes].* 

And generally we must establishe this as 
a sure ground, that whansoever that w ch 
outwardly soundeth as a lye in the eares of 
the hearer, may tend to any dishonour of 
Almightye God, or to any notable breach of 
dewetye towardes our neighbour in sowle, P. 32. in 

TVTC 

bodye, honour, fame, or any exteriour goodes, 
equivocation, although it may take away the 
lye w ch may seeme to sounde in the wordes, 
yet can not it hynder but the whole speech 
is otherwise left in it nature as it would of (sk.) 
it selfe be interpreted, although no such 
* The words in brackets are added by Garnet. 



60 A TREATISE 

equivocall sense were intended. So that if 
it were hurtefull to any person or dishonor- 
able to God w th out the equivocation, it 
remayneth so notw th standinge the equivoca- 
tion. Wherfore it is manifest that we may 
not equivocate in matters w ch concerne the 
gfession of our faythe, w th out the incurringe 
of mortall synne. 

Neyther doth fayth onely bynd vs to this 
synceryty, but oftentymes also charitye, as 
we towched before ; the breach wherof in not 
manifestinge a knowen truth in the behalfe 
of o r neighbour, eyther in matter of doctrine 
and religion, or in any politicke and civill 
matter, whan reason requireth it, may be 
eyther a mortall or veniall synne, according 
to the qualitye of that helpe w ch we vncha- 
ritablye w th drawe from them concerning theire 
spirituall or temporall good. 

Justice also in this poynte may in like 
manner be transgressed, whan eyther we 
seeke by equivocation to iniury them in 
theire fame, although in trewe things, so longe 
as they be secrett, or by duble speeches, as 
wrongfully testefye against them, or refuse to 
cleare them by o r iust testemony whan we 



OF EQUIVOCATION. 61 

are bounde, or pervert the vpright order of 
lawful judges and magistrates proceeding 
accordinge to lawe, wherof we will speake 
more hereafter. 

Ffynallyj these equivocations may be 
esteemed vnlawfull in respect of the vio- 
latinge of the trewe worshipp w ch we owe 
vnto God, by any periury, of w ch , because it 
contayneth a particuler difficultye, whether 
the oathe be privately taken or in an open p. 33. in 
courte, we will afterward severally, intreate, MS ' 



62 A TREATISE 



CAP. 7 m . 



OF THE LAWFULL VSE OF THESE EQUIUOCATIONS, 
TOGITHER W TH AN OATHE CONFIRMINGE OUR 
SPEECHES EYTHER TO A PRIUATE PERSON OR BE- 
FORE A LAWFULL MAGISTRATE, AND HOW SUCH 
OATHES DO BYNDE VS. 



BECAUSE of the variety of cases w ch may 
happen in this matter we must needes pro- 
ceede by divers propositions. 

1. The first shalbe this. Whan any person 
is asked vppon his oath, in cases wherin he is 
bounde to deale playnely, it is a synne to 
vse any equivocation ; and in judgement, or 
before a competent judge lawfully exam- 
ininge, it is alwayes a mortall synne. This is 
manifestly inferred of that w ch was sayed in 
the former chapter. Ffor if it be not lawfull 
in such case to equivocate w th out an oathe, 
2. de much lesse w th an oathe. St Isidorus also 
. confirmeth the same w th this comoun sen- 
tence, to be vnderstood onely in cases wherein 



Or EQUIVOCATION. 63 

we are bound to deale playnly, as we will 
shewe afterwardes. " Quacunque arte ver- 
borum quis juret, Deus tamen qui conscientiee 
testis est, ita hoc accipit sicut ille cui juratur 
intelligit." So that in such a case a man is 
bounde to fulfill his oath in the sounde mean- 
ing, of hym to whome he sweareth. And that 
in Judgment it is a mortall synne not to 
aunswere directly (I meane whan otherwise 
we may pervert the Judgement in any notable 
sorte) it needeth no proofe at all, consideringe 
how daungerous a thinge it is in a comoun 
wealth to have the order and gceedings of 
iustice to be wronfully hyndered. Wherfore P- 34. in 
we reade in the holy Scripture that w ch 
Josue sayed vnto a malefactour, " Fili mi da Jos. 7. 
gloriam Dfio Deo Israel, et confitere atqj in- 
dica mini quid feceris, ne abscondas"; whereby 
we are taught our dewtye, in the like cases, to 
confesse the truth, although it be to our owne 
p s iudice. 

2. Secondly, whan a man is vrged to 
sweare that he will do a thinge, w ch al- 
though he be not bound otherwise to do, yet 
it is such a thinge as he may do or omitte if 
he will, it beyng no synn at all, than is he 



64 A TEEATISE 

alwayes bound to pfourme it, except he had 
some equivocall meaninge whan he sware, 
having also iust cause of such equivocation. 
An example hereof may be as if any person 
promise an uniuste persecutour a hundreth 
poundes ; if he had that trew meaninge verely 
to give it hym, than doth his oath bynd hym 
(except he should therby notably e demnifye 
his famely or creditoures, for in such case the 
oath byndeth hym not ; wheras it is a synn 
to promise that w ch may be iniuriouse to 
others, and so he synned also in swearing). 
But if he did equivocate, meaning that he 
would give hym so much if he ought it hym, 
or such like, than because he was driven 
heare vnto by iust feare and had iust cause 
to defend his right by equivocation, he is 
not bound to performe his promise by vertew 
of his oath, howsoever he may be bound to 
p s vent scandall therein, w ch seldome hap- 
peneth. But if w th out iust cause he should 
equivocate in swearing the like to any other, 
than is he bound, notw th staunding his equivo- 
cation to pfourme his oath accordinge to the 
sounde and ordinary vnderstaundinge of his 
wordes ; accordinge to that w ch we alleaged 



OF EQUIVOCATION. 65 

out of S* Isidorus, whose rule is taken for a 
sure grounde in the canon lawe. As for P. 35. in 
the lawfullnes of such equivocation in this 
oath whan we are wronged, we will p s sently 
prove it. 

3. Thirdly, if a man sweare to do or say 
that w ch is vnlawfull, as beyng against the 
dewtye we owe to God or our neighbour, if 
he intended to do it whan he did sweare, he 
synned in two manners, both by having a 
purpose to do evell, and by swearing it ; but 
if he intended not to do it, but by some 
equivocation deluded his adversary, than may 
he be excused from synne in cases where there 
were no scandall or hurte of his neighbour, 
or dishonour of God, the thinge beyng of it 
selfe indifferent, though vnlawfull because of 
the circumstances. But in neyther case is 
he bound to fulfill his oath, yea he is bound 
not to fulfill it at all. An example of the 
second case we may bring in this manner ; 
the magistrate sweareth me to bring a re- 
cusant to the assizes, w ch is vnlawfull ; 
yet I, seeyng there is no other way for the 
recusant to escape, sweare to bring hym to 
the assises, having this meaninge w tb in me, 
F 



66 A TREATISE 

that I will bring hym if he will go with me, 
and so lett hym escape. So long as here is 
no scandall (for I suppose the case to stand 
so, that I shall not herein seeine to persecute 
or hate his religion), this same no doubte 
were a charitable acte. But that in these 
cases a man is bounde not to do that w ch 
he sweareth, it is manifest; for the thinge 
w ch he sweareth is a synne, and an oath 
cannot make a synne no synne. 

4. Ffourthlye, if a man take a generall 

oath to do whatsoever he is commaunded, or 

r. 38. in aunswere to what he is asked. w th a playne 

MS 

and syncere mynde to fulfill it, whether it be 
of a competent judge or no, it never byndeth 
hym but to do or say so farre as lawfully he 
may ; and if he ment otherwise he synned 
in swearinge; neither yet may he in that 
respect fulfyll his oathe. Wherfore, if the 
whole forme and substance of the oathe be of 
thinges manifestly evell and scandelous, he is 
bound to refuse the oath ; but if it be ten- 
dered in indifferent wordes, he may take it. 
And whether he thought at the begynning 
expressly or not of that exception "I will do 
or aunswere in thinges lawfull," yet is he not 



OF EQUIVOCATION. 67 

bound but onely in thinges lawfull. This is 
also manifest ; for no man may make God a 
witnesse of a synne, or bynd hymselfe by 
oath to comitte the same, " Cum juramentu 
non fuerit vt esset iniquitatis vinculu insti- 
tutum." Also, te Non est obligatorium contra De jurejur. 

i i*>- i- A . c. i. in 6 . 

bonos mores praestitu juramentu. And in 



the civill lawe it is a most cleare case, as 58 - 
appeareth in many lawes w ch might be al- 
leaged, and are by the glosse cited in these 
two places. 

But because, in the first pposition, we made 
mention of the cases in w ch we are bound to 
deale playnely, those we must more pticu- 
lerly expounde ; ffor although we may gene- 
rally say that we are bound to deale playnely 
in swearinge in the same cases in w ch we are 
bound w th out an oath, yet we reserved the 
case of judegment or examination by a 
superiour vnto this place, as having for the 
most pte an oath annexed, w ch now we will 
breifelye declare. 

It is most certaine that every man is 
bounde to aunswere directly, whansoever he P. 37. in 
is asked, according to order of lawe, w cb order 
of law requireth these five thinges. 

f2 



68 A TREATISE 

1. Ffirst, that the party who examineth must 
be a lawfull superiour, who hath received 
autority by the commission of the publicke 
power, eyther of an absolute prince, or of a 
comoun wealth where there is no monarchy. 

2. Secondly, he must have autority over 
the pson whome he examineth ; for it may be 
that the judge be a competent judge, and 
yet not in respect of such a person, as. it 
happeneth often tymes that a man be of an 
other terrytory, kingdome, or diocese, and 
than cannot the judge alwayes deale w th 
hym, except in some pticuler cases, w cb the 

Respons. 9. lawes of every countrey do assigne. " Falcem 
iudicij mittere non potes (as sayeth S* Gre- 
gory) in earn segetem quae alteri videtur esse 
commissa." 

3. Thirdly, the matter it selfe must be 
subiect vnto the judge ; for sometymes both 
the judge is competent and the person not 
exempted, and yet the matter wherof there 
is controversye is exempted. As when it 
happeneth that a religiouse man, beyng 
ordinarily exempted from the bishoppes auto- 

D. Tho. 22. r ity, yet, by reason of some cryme comitted in 

9. 67. ar. 1. 

ad. s m , the diocese, becommeth the bishoppes subiect 



OF EQUIVOCATION. 69 

in respect of that cryme, yet cannot the 
bishopp intermedle w th his administration 
of the goods of his monasterye. The like 
were if the cheife justice should intermedle 
in matters of wardes, or manages, or testa - 
mentes, w ch belonge not to his courte. 

4. Ffourthly, he must precede according P. ss. in 
to a iust law. Ffor whereas a judge is, as i 
Aristotle calleth hym, a living lawe, as the 

law it selfe is a dumme* judge; even as the 
law whan it is vniust is no lawe, so a judge 
in the execution of an vniust law is no 
judge. 

5. Ffynally, it is very necessary, for the 
dew observation of order of law, that the 
judge do not gceede against a man to ex- 
amine hym or call hym into question, but in 
cases which are publicke and manifest, or 
whan great suspitions and p s sumptions, or 
commoun reportes, do seeme to condemne the 
partye, or sufficient testimony convince hym ; 
ffor otherwise it were against the law of 
nature. Ffor how can there be greater dis- 
turbance of comoun wealth than to have 
honest men molested or called into question 

* Altered by Garnet from " devine." 
F 3 



70 A TREATISE 

at every one's fancye? Neyther was that 
Luc. 16. steward in the Gospell called into question 
before he was infamous; and therfore his 
Lord sayed unto hym, " What is this that I 
Gen. is. heare of thee ?" ISTeyther did Godhym selfe 
punishe the Sodomites before theire crye 
c. qualiter was multiplyed before hym; w ch two places 
cs of Scripture doth Innocentius the thirde, in a 
S enera ^ Laterane Councell, alleadge to such 
effect. 

In these cases, whan order of law is not 
observed, a man is not onely not bound to 
confesse any thinge of hym selfe, but he is 
also bound to confesse nothing at all ; for it 
were to p s iudice hym selfe w th out necessity e. 
And no man maye p s iudice his owne fame, or 
goodes, or lyffe, w th out at the least a veniall 
synne, except he be bound therevnto by 
order of law. But whan all these thinges 
concurre, whether a man be bound to confesse 
the trewth or no in any criminall matter it 
may be a question. Ffor in the civill law 
it is evident he is. In our cornoun, I dare 
P. 39. in not defyne that it is a mortall synne not to 
confesse or to denye, so long as he vseth no 
fraude or periurye, or any such plea as may 



OF EQUIVOCATION. 71 

pervert the judgement. Ffor in the civill 
law the whole judgem* dependeth on the 
ptyes confession ; in the comoun law it con- 
sisteth in the tryall of the countrey, w ch if 
the defendant accept, it seemeth no more is 
required of hym. And so we see that in all 
ages it was the custom of never so notorious 
thieves to pleade not guyltye, ney ther have I 
ever heard of any doctour w ch hath repre- 
hended it. Wherfore in this I referre my 
selfe (as I sayed) vnto the skylfull. Sure I 
am that the comoun law neyther doth nor 
can bynd a man to aunswere but w th the 
former conditions. 

But to confesse any notable thinge of an 
other pson other than of my selfe, whan it is 
not iuridically asked, although never so enor- 
mous (except the cryme were such as tended 
to the notable hurte of the comoun wealth 
and the partye were not amended, and had 
not altered his naughtye purposes), were 
alwayes a mortall synne. 



F 4 



72 A TREATISE 



CAP. 8 m . 

THAT THIS OATH PROPOUNDED VNTO A CATHOLICK 
AND TAKEN BY HYM WITH EQUIUOCATION, WANTETH 
NOT THE FIRST CONDITION OF AN OATH, THAT IS, 
VERETYE. 

BUT lett vs now come to the resolution of 
the principall question. Mr. Southwell is 
accused of most wicked and horrible doctrine, 
because he taughte a gentlewoeman that if 
shee were examined whether he were at her 
ffather's house, she might sweare no, w th this 
intention to herselfe, that he was not there 
so that she was bound to tell them.* And 

* There is no detailed account of Southwell's ar- 
raignment. Parsons, in his " Treatise tending to Miti- 
gation," &c. chap. vii. sect. 2. p. 279., says, that " the 
Protestants first fell upon the doctrine of Equivo- 
cation at the arraignment of Mr. Robert Southwell." 
It appears from an Examination of Gerard the Je- 
suit, on the 13th of May, 1597 (a copy of which is 
printed in "Notes and Queries," vol. ii. p. 446. from the 
Smith MSS.in the Bodleian Library), that " upon the 
arraignment of Southwell of high treason, one of 



OF EQUIVOCATION. 73 

how happye had this gentlewoman bene, if 
she never had learned worse doctrine of P. 40. in 
others than eyther this or any other she 
learned of Mr. Southwell. But who are 
those which accuse hym? Even those w ch 
would haue no refuge or evasion for inno- 
centes to defend them selves from their cruell 
oppressions. But we will as easely shewe this 
kynde of oath to be lawfull, as it is mani- 
fest that the practise thereof was comoun in 
all Christian courtes, and in all polyticke 
governementSj before these accusers or their 

the witnesses, being asked upon her oath by one of 
the judges in open court, whether Southwell were 
ever in Bellamie's house, said that she had been per- 
suaded by Southwell to affirm upon her oath that she 
did not see Southwell in Bellamie's house, and to keep 
this secret in her mind, of intent to tell you ; whereas, 
in truth, she had seen him divers times in Bellamie's 
house. And Southwell being charged therewith, 
openly confessed the same, and sought to Justine the 
same by the place out of Jeremie, that a man ought to 
swear in judicio, justitid et veritate." This is no 
doubt the circumstance referred to in the text. It is 
remarkable that in the above examination Gerard 
admits that he agrees to Southwell's opinion, and 
cites the examples of our Saviour given in the text, 
namely, his declarations that he would not go up to 
the feast, and that he did not know the day of judg- 
ment. 



74 A TREATISE 

great grandfather Luther was borne, whan 
the worlde was governed w th as great pietye, 
justice, and learninge as these scrupulous 
psons will ever establishe in this realme, 
though they vse never so great diligence. 
We will therfore prove that this oath hath 
all the necessary conditions of an oath : 
trewth, justice, arid judgement, or discreete 
wisdome. 

1. And first of t re wth, I frame this ar- 
gument. All lawfull equivocation maketh 
an oath of that equivocall ^position a trew 
oath; but this is a lawfull equivocation, 
therfore is the oath trewe. The maior is 
manifest by that w ch hath been sayed above. 
Ffor such equivocall ^positions are trewe; 
and the oath confirmeth nothinge but that 
w ch was in the ^position, therfore it is trewe. 

2. S* Gregory, also, handling a certaine 
controversye betweene the iust and patient 
Job, and his freindes who had misvnder- 
stood some of his ^positions, hath these 

i. 26. wordes : " Quid obest si a rectitudine veritatis 
humano iudicio verba nostra superficie tenus 
discrepant, quando in cordis cardine ei com- 
paginata concordat? Humanae aures verba 



OF EQUIVOCATION. 75 

nostra talia iudicant, qualia foris sonant, 
diuina vero iudicia, talia ea audiunt qualia 
ex intimis proferuntur. Apud homines cor 
ex verbis, apud Deum vero verba pensantur 
ex corde. Beatus ergo Job dum hoc ait P. 4i. in 

MS 

exterius, quod interius Dominus dixit, omne 
quod locutus est, tanto iusto exterius intulit 
quanto ab interna sententia non recessit." 
Wherby we learne this rule w th S* Thomas, 22. q. 89. 
that whan he w ch sweareth is not in dolo, 
that is, whan he doth not vniustly deceave 
hym that he sweareth vnto, every oath is to 
be vnderstoode according to the intention of 
hym w ch sweareth ; wheras, contrary wise, if 
he be in dolo, than is he bound to sweare 
vnto the others intention. And so must his 
oath be vnderstood, accordinge to the rule of 
Isidorus alleaged in the next chapter before ; 
w ch rule that that doctour vnderstood onely 
in case that the swearer vseth fraude, it ap- 
peareth by his reason w cb he bringeth. Ffor 
he sayeth, that he w ch vseth a fraudulent 
oath " dupliciter reus fit, quia et nomen Dei 
in vanum assumit, et proximum dolo capit. " 
3. Besides, if there be any falsehood in 
such an oath or proposition, it is onely 



76 A TREATISE 

because I make them w cb heare me to con- 
ceave otherwise than the thinge is ; but in 
case that a man is not bound to make them 
knowe the matter as it is, that skylleth not ; 
ffor Dauid, Abraham, and Isaac and Jacob, 
the angell Raphael, Samuel, and o r Sauio r 
hym selfe pmitted those w th whome they 
delte to haue an other conceipte than the 
thing was ; and so is it in all stratagemes of 
warre amongst never so godly psons. Ther- 
fore that cannot make it a lye. S 4 Augustine 
Cont. also excellently sheweth the same, that is, 
c 10 . that these misteries of the Scripture made a 
false opinion in the myndes of the hearers, 
and yet were no lyes. "Putantur autem 
mendacia (sayeth he) quoniam non ea quae 
vere significantur dicta intelliguntur, sed ea 
quse falsa dicta esse creduntur. Hoc ut 
exemplis fiat planius, id ipsum quod Jacob 

P. 42. in fecit attende. Haedinis certe pellibus mem- 
MS - i . . . 

bra contexit. 01 causam proximam requira- 

mus, mentitum putabimus. Hoc enim fecit 
ut putaretur esse qui non erat. Si autem hoc 
factum ad illud propter quod significandum 
revera factum est referatur ; per hsedinas 
pelles, peccata; per eum vero qui eis se 



OF EQUIVOCATION. 77 

operuit, ille significatus est qui non sua sed 
aliena peccata portauit. Verax ergo signifi- 
catio nullo modo mendacium recte dici potest. 
Vt autem in facto, ita et in verbo. Nam 
cu ei pater dixisset, quis es tu fili? Ille 
respondit, Ego sum Esau primogenitus tuus," 
etc. And so he saveth that from a lye, aa 
we sayed above, applying it to the misticall 
sense. And he concludeth thus : " Cum enim 
quae significantur non vtiq3 non sunt in 
veritate, sed sunt seu praeterita seu p'sentia 
seu futura, proculdubio vera significatio est 
nullumq3 mendacium." That is, whan those 
thinges w ch are signifyed are not such thinges 
as verely are not at all, but they be eyther 
past or p s sent or to come, it is vndoubtedly 
a trewe signification and no lye. Even so 
may we say that whan they are not such 
thingea as verely are not at all, but they be 
in our meaning trew, there is no lye. Ffor as 
Isaac, not vnderstaundinge the meaning of 
Jacob, made not his speech a lye, and as o r 
Saviour's speech, Solvite .templum hoc, et 
in tribus diebus excitabo illud," was trew, 
although the Jewes vnderstoode them of the 
temple of Hierusalem, and accused him 



78 A TKEATISE 

therfore to the cheife preistes, even so 
others conceaving false by our speech maketh 
not our speech a lye. 

4. Moreover, in ever^i oath is vnderstood 
a condition that I will do or say so farr as I 
may lawfully do or say, or else the oath is 
vniuste and indiscrete. So that if I do take 
P. 43. in an oath to aunswere directly, yet whan they 
come to vniust questions, I am not bound to 
answere, although I thought not expressely 
of that condition whan I sware. Therfore if 
I thincke of it at the first whan I sweare, I 
am not bound to disclose this my knowledge 
or intention at the beginninge, sayinge that 
I will not answere them in such or such a 
question ; wheras if I had not thought of it 
vntill I came to the question, I should not 
then haue needed to say, a In this my oath 
byndeth me not, I may not tell, I will not 
tell, It were iniustice ;" but I might haue 
answered according to that condition of law- 
fullnes, even as if they had offered me the 
oath w th that lymitation, "you shall sweare to 
answere directly in what is lawfull" w ch con- 
dition in deede they were bounde eyther to 
expresse or not to exclude. Than my con- 



OF EQUIVOCATION. 79 

ceaving of that condition before is but an 
acte of prudence and discretion, and maketh 
me no more periured than I should haue bene 
if I had not foreseene the same. But if I 
had not foreseene it, beyng not bounde 
vnder my oath to aunswere it, I might haue 
sayed No, at the leaste w th out periury, al- 
though phaps it had bene a lye. Therfore 
conceaving of it at the first doth not make it 
piurye although it were a lye; and so it is no 
false oath. Neyther in deede is it a lye, if 
there be some fitte sense reserved and vnder- 
stood in the mynde, as hath bene shewed 
before. 

* 5. Ffynally, it is also a generall rule, that 
be the magistrate never so competent and 

* Here a small piece of paper is pasted on the 
margin of the MS. as a mark, and underneath is 
the letter "A," apparently in Sir E. Coke's hand- 
writing. At the State Paper Office there is a memo- 
randum, also in his handwriting, headed, " Concerning 
the Booke of Equivocation theise thinges are to be 
observed ;" and in the paper, among other notanda, 
is this, referring to page 43. of the MS. : " That 
equivocation is not only by this Booke allowed in 
cases of relligion, but in cases civill between man 
and man, as by the examples of the plague in 
London, &c., and the case of the pre-contract, c, 
appeareth." 



80 A TREATISE 

iuste, yet whan I am in case that if he 
knewe thoroughly my estate he would not, 
or at leaste, according to right and law, 
should not, hynder my advantage, I may 
sweare vnto his fynall intention although 
not to his immediate intention. As for ex- 
ample : A man cometh vnto Couentry in 
tyrne of a suspition of plaugue. At the 
p. 44. in gates the officers meete hym, and vppon 
his oath examine hym whether he come 
from London or no, where they thincke 
certainly the plaugue to be. This man, 
knowing for certaine the plaugue not to be 
at London, or at least knowinge that the 
ay re is not there infectious, and that he only 
ridd through some secure place of London, 
not stayinge there, may safelye sweare he 
came not from London, answering to theire 
fynall intention in theire demaund, that is, 
whether he came so from London that he 
may endaunger theire cittye of the plaugue, 
although theire immediate intention were to 
knowe whether he came from London or no. 
This man the very light of nature would 
clear from piurye. In like manner one 
beyng convented in the Bishopps courte, 



OF EQUIVOCATION. 81 

because he refuseth to take such a one to his 
wyfe as he had contracted w th per verba de 
praesenti, having contracted w th an other 
privy ly before, so that he cannot be husband 
to her that claymeth hym, may answere 
that he never contracted w th her per verba 
de prassenti, vnderstandinge that he did not 
so contract that it was a mariage ; for that is 
the fynall intention of the judge to knowe 
whether there were a sufficient mariage be- 
tweene them or no, that so he may geve 
trew sentence. And otherwise the judge 
would geve sentence that he should be w th 
that woeman w ch is not his wyfe, and so 
there shoulde be an error in the judgement. 
Even so may one in this case answere to the 
remote intention of the lawe and of the 
judge, if he be an honest man, w ch is to 
apprehend a tray tour or to know who hath 
harboured hym, and I know that the same 
partye is no traytour. 

Thus much of the maior, that an oath of p - 45. in 

m M S. 

an equivocall proposition is a trew oath; 
because of the trewthof the ^position alone, 
because of the doctrine of ffathers, because 
it skylleth not that the ^position is conceived 
G 



82 A TREATISE 

as false, because in every oath there is vnder- 
stood this condition, that I will doe so farre 
as it is lawfull, and because in not meaninge 
to pforme the oath in the immediate sense of 
the judge, I have no contrary meaning to the 
principall meaning and intention w ch he hath 
or should have. 

Lett vs now, w th Gods helpe, and to his 
glorye and our owne most iust defence, see 
whether we can gve the minor; that is, 
that there is most iust cause of equivocatinge 
in the answere to this demaund. 

There is no doubte but when a pursevant 
cometh to search ahowse, whether it be for a 
preist or for a purse, he would be most will- 
ing that every one should deale playnly w th 
hyai, and directly answere hym in those or- 
dinarye questions : " Have you a preist ? 
where is he ?" " Have you any money ? where 
is your purse ?" And no mervayle ; ffor if we 
may gather petigrees by the likenes of names, 
it is very likely that pursyvantes are nearer 
in kynred to purses than theeves. And 
although preistes have no very deepe purses, 
yet it may be that fyndinge preistes in houses, 
they may the easyer be moved to hunt after 



OF EQUIVOCATION. 83 

Robinhood's interest, w cb they have therby 
to the howsehoulders purses. 

But these base compagnions we will lett 
alone, and pmitt them w th theire blowes to 
rent downe howses, and w th theire oathes to 
teare downe heaven, and leave theire bar- 
barous actions, vnheard of in all former ages 
both before and synce Christe, to be reported 
freely in forraine countreyes, and to be re- P. 46. in 
gistred trewly to our posterityes. 

But to her Ma ties more grave officers wee 
will seeke to geve such satisfaction, as we 
hope may declare the innocency of our con- 
science, and content theire vpright and indif- 
ferent myndes. 

Ffor although we beare them all mailer of 
civill reverence, and acknowledge them as our 
liege and most dread Soveraigne her lawfull 
officers, and are ready to obay them in any 
thinge not contrary to the lawes of God, and 
the necessary meanes of our everlasting sal- 
vation, yet in this case we say we are not 
lawfully convented, nor so demaunded for 
many respectes that we are bound to answere 
directly. We say that in this case of reli- 
gion, we are by Gods lawes exempted from 
c 2 



84 A TREATISE 

all civill magistrates, and that that religion 
w ch both hath enioyed and doth at this 
p s sent enioy pfect libertye vnder heathen 
princes and governours, ought much more to 
be fauoured of those w ch gfesse the most 
holy name of Christ. We say that the law 
w ch psecuteth Christes preistes, doth pse- 
cute Christ hym selfe, and that they are the 
very eyes of the misticall bodye wherof we 
are part, and that w th out them we cannot 
maynetayne our religion, no more than our 
corruptible bodyes can exercise all necessary 
actions w th out the principall members therof. 
And we pswade ourselves that we cannot 
doubte of the vniustice of this lawe except 
we would w th all doubte of the most certaine 
verytye of our fayth, and live like atheistes 
and infidells in this worlde. [That we may 
say nothing of the invalydity of those par- 
liaments whcrin for the most pte, in cases of 
religion, a small number beareth the swaye, 
P. 47. in and w th might and terrour wrest ovt vnwillins: 

T\T C 

voy ces from the rest for the establishing of vn- 
iust lawes.] * We say that in case the law were 

* This sentence within brackets is deleted by 
Garnet. 



OF EQUIVOCATION. 85 

never so iust, yet are we convented w th out 
order of law, and in such sorte as neither 
theives nor murderers are convented, no nor 
those neyther who do iustly deserve the 
names of tray tours (although that name of late 
doth seeme to be appropriated onely vnto vs, 
how vniustly God shall once make knowen) ; 
by violent irruptions into our howses, vniust 
oathes, and subtill examinations, w th out any 
other p*sumption than that we are Catholickes. 
Besides the straung and barbarous torturing 
of men after they be apprehended, not for to 
vtter any treason to our countrey, or daunger 
to her Ma ties sacred pson [who we wish 
with teares did knowe our loyall and most 
faythfull hartes]*, but onely to wringe out 

* These words between brackets are deleted by 
Garnet, who has substituted for them in the margin, 
" whose princely hart detesteth hard ^ceedings." 
Opposite to this correction a small piece of paper is 
pasted on the manuscript, as a catch-mark, on which the 
letter B is written in Sir Edward Coke's hand-writing. 
In the memorandum already noticed, ante, p. 79, note, 
"of things to be observed concerning the Booke of 
Equivocation," Sir E. Coke has this note : " Page 47. 
In the originall (the catholiques did wishe with teares 
that her Majestic did knowe there most loiall and 
most faithfull hartes). Those wordes Father Garnet 
G 3 



86 A TREATISE 

\v th divers crueltyes the names of Catho- 
lickes, and such actions as may be subiect 
vnto penall statutes ; a thinge most contrary 
to the myldnes of the cofnoun law *, by w ch 
this realme hath so many ages bene main- 
tayned in all mailer of felicitye [and a 
ready way to bring in other maners of civill 
regiment never heard of w th in our realme, 
w th manifest hazard of the subversion of the 
same ; ffor there are no meanes more force- 
able to the maintenance of any state, than 
those by w ch it was first erected ; and 
no way more ready to the overthrows therof, 
than the neglecting and breach of theire 
Esa. 10, auncient customesj.f " Va3 qui condunt leges 
iniquas, et scribentes iniustitiam scripserunt 
ut opprimerent in iudicio pauperes, et vim 

P. 48. in facerent causse humiliu populi mei, vt essent 
MS. 

put out, and put in others not concerning them but 
the Queene," &c. The reason for particularly no- 
ticing this alteration is not obvious ; unless, indeed, it 
was intended to impute to Garnet that he considered 
the words in the text as likely to give offence to Ca- 
tholics by expressing too much loyalty. 

* Ffortescue of the lawes of Engl. This reference 
is in Garnet's writing. 

I This passage within brackets is deleted by 
Garnet. 



OF EQUIVOCATION. 87 

viduae prseda eorum et pupillos diriperent. 
Quid facietis in die visitationis et calami- 
tatis de longe venientis? ad cujus confu- 
gietis auxilium, et vbi derelinquetis gloriam 
vestram, ne incurvemini sub vinculo et cum 
interfectis cadatis ? " 

So that for these reasons, amongst many 
others, we beyng not bound to deale playnely, 
and lay open our secrets to our owne p'iudice, 
but having iust cause to defend our selves, 
we are resolved (especially beyng warranted 
by the doctrine of sound devynes and gene- 
rall practise of Catholicke Courtes past and 
p*sent), that in this kynd of oathes there 
wanteth not the first condition of an oath, 
w ch is veretye. 



G 4 



88 A TREATISE 



CAP. 9 m . 

THAT THIS OATH WANTETH NOT JUSTICE. 

ANOTHER condition of an oath we sayed was 
iustice, w ch may be considered two maner 
of ways, eyther in respect of the matter of 
the oath, or in respect of the cause therof. 
In respect of the matter of the oath, or of 
that w ch we sweare to do, there may be in- 
iustice if we should sweare to do that w cb 
is vnlawfull. In respect of the cause also, 
there is iniustice, if we sweare to affirme that 
w ch , albeit it be trewe, yet cannot be re- 
vealed by me w th out iniustice towards my 
neighboure. Ffor there is iniustice in the 
cause of my swearinge, wheras I haue no 
iust cause to vtter that w ch may hurte my 
neighbour. And the like iniustice may be 
in other cases. 

Now in this our oath, if I were bound to 
confesse the trewth, than no doubte but I 



OF EQUIVOCATION. 8i 

should synne againste iustice in not con- P. 49. in 
fessing it vnto a magistrate lawfully askinge * 
me. But wheras we have showed before 
that I am not so bound, there is no injustice 
in the cause of the oath. Neither is there 
any iniustice in the matter of my oath, 
wheras I do not sweare to do any pson harme, 
but rather I save an innocent from vniust 
harme. 

But for the more pfect clearing of this 
poynte, we will heare avouch a thinge w ch we 
towched before; that admitte I had sworne 
most syncerely and w th out all equivocation, 
and w th a full resolution to detect whatsoever 
I knewe, yet were I, notw tb standing my 
oath (w ch undoubtedly was synfull, as having 
no iuste cause to vtter these secret ts), vnder 
payne of everlastinge damnation, bound not to 
fulfill it. This we will prove breifly out of 
Scriptures and ffathers togither, for the 
very same Scriptures will be of more force to 
|>ve our purpose, whan they are in the like 
cases alleaged and interpreted by so learned 
and holy doctours. 

St. Ambrose. " Unusquisq3 nihil promittat 1. s. off c. 
inhonestum, aut si promiserit tolerabilius est 



90 



A TREATISE 



promissu non facere, quam facere quod turpe 
Mat. 1 4. sit." And afterward, talkinge of Herod's oath 
whan he putt S* John Baptist to death, he 
sayeth : " Sicut de Herode supra diximus qui 
saltatrici prasmiu turpiter promisit, crudeliter 
soluit. Turpe, quod regnum pro saltatione 
promittitur; crudele, quod mors prophetae 
pro iurisiurandi religione donatur. Quaiito 
tolerabilius tali fuisset periurium sacra- 
mento ? " 

P. 50. in St. Augustine, of Dauid. who had sworne 

MS 

Ser. ' 11. de to kyll Nabal : " Juravit temere, sed non im- 

Sanct. m- p] eu ^ iurationem maiore pietate." And in 

i Reg. 25. the same place he defendeth that Herode 
synned in observing his oath, and prayseth 
Daiud for not perfourming his. 

c. 2. The 8 Councell of Toledo. Si publicis 

sacramentorum gestis (quod Deus avertat) a 
quibuslibet illicita vel non bona extitisset 
conditio allegata, qua? aut iugulare animam 
Patris aut agere compelleret stuprum sacra- 
tissima? virginis, nuquid non tolerabilius esset 
stulta3 promissionis vota reijcere, quam per 
inutilium promissorum custodiam exhorren- 
dorum criminum implere mensuram ? " 

i. 2. de gk Isidorus. " In malis promissis rescinde 

Synonyrms 



OF EQUIVOCATION. 91 

fidem, in turpi voto muta decretum ; quod vide lib. 2. 
incaute vouisti, ne facias ; impia enim est bo.Tss?. 
promissio quae scelere adimpletur. " 

St. Bede. Si aliquid forte nos incautius Ser. de de- 
iurasse contigerit, quod obseruatum peiorem s Joannis 
vergat in exitium, libere illud consilio salu- 
briore mutandum nouerimus, ac magis in- 
stante necessitate peierandum nobis, qua pro 
vitando periurio, in aliud crimen grauius esse 
diuertendum. Deniq3 iurauit Dauid per 
Dominu occidere Nabal viru stultu et im- 
pium, sed reuocauit ensem in vaginam, neq3 
aliquid culpas se tali periurio contraxisse 
doluit." 

St. Gregory. " Cum male iuratur, iustius in p m . lib. 
iusiurandum dimittitur quam compleantur reg * * 14 ' 
crimina quae iurantur." And afterward : " E 
contra autem reprobi : et incauti quidem sunt 
et discreti non sunt. Nam saepe se acturos 
male repromittunt, et reuocare promissa quasi 
periuriu incursuri non satagunt. Hinc est 
quod Herodes incaute iurauit, et nefariii 
iusiurandu quod protulit in Precursoris P. 51. in 
Domini morte compleuit. Cauti ergo in nos- 
tris dispositionibus esse debemus, sed si cauti 
esse negligimus,pretermittenda suntproposita, 



92 A TREATISE 

non implenda. Sic quippe a proposito de- 
sistere, non est vitium levitatis sed virtus 
discretionis." 

Lett vs therfore admitte that it is not 
lawfull to take this or any oath w th a purpose 
of equivocation. Than whan they are come to 
this pticuler question, " Was Mr. Southwell 
at your ffathers house ? " the respondent may 
behave hym selfe in one of these 3 wayes, if 
he take the oath at all (for phaps it were 
most convenient not to take any oath, and 
than our disputation were at an ende ; for we 
examine whether he may w th an oath equi- 
vocate, except in case that the oath were 
vrged in that onely thinge : for than the re- 
fusing of the oath would geve the examiners 
sufficient argument of the trewth of his beyng 
there, who would p s sently inferre, that 
if he had not bene there the respondent 
would easely be induced to sweare). But 
supposing that he tooke the oath at the first 
to answere directly, than he must needes 
answere to that question, eyther yea, or no, 
or hould his peace. If he answere yea, than 
doth he comitte iniustice, as we have proved ; 
and if he foresaw that vniust question at the 



OF EQUIVOCATION. 93 

first, and meant to answere it w th out any 
equivocation, he synned also in swearing 
an vniust oath. If he holde his peace, 
than, besides that it is a kynd of confession, 
why will not these scrupulous casistes as 
well condemne hym of periurye for not 
answeringe, as for not answeringe directly 
and trewlye, according to theire intention, 
wheras he swore both as they will have it ? 
Than is there no other answere but to say 
" No." And here, for to content these re- 
ligiouse consciences, I am willing to remitte P. 52, in 
all manner of equivocations, as ptely was 
towched in the next chapter before. Lett 
the party w ch is examined simply take the 
oath, lett hym not equivocate at all, lett 
hym intend to answere directly to all 
thinges " Yea ;" and whan they come to that 
pticuler question, " Was Mr. Southwell 
there?" lett hym also answere w th out any 
equivocation, and yet he shall answere directly 
" No." Ffor why, in his generall oath he 
excluded not that condition comoun to all 
oathes, and comounlye included of all honest 
oathgevers, that he would answere so farre 
as it were lawfull; for had he expressely 



94 A TKEATISE 

excluded it, he had synned in swearinge. 
Than whan he is asked of that particuler 
question, " Was he there ? " what hyndereth 
that he may not say " No" ? Not his oath ; for 
that falleth not vppon that question, beyng 
an vnlawfull question. Than it is onely the 
lye ; and beyng hurtefull to no bodye, the 
most that these canonistes can make of it, is 
but an officiouse lye, w ch is but a small 
veniall synne, and rather to be incurred than 
the other of p s iudicing so highly our neigh- 
bour. And yett if he did equivocate, 
meaninge " No, to tell yo u ," than was it no 
lye at all, and it was bvt an equivocation not 
sworne ; for the oathe, as I sayed, did not nor 
could fall vppon that question, so that it is an 
equivocation very farre from piurye ; wheras 
that equivocall ^position is not sworne at all, 
nor no matter of that generall oathe. 

But what if one be putte to his oath, not 
generally at the begynning to answere to all, 
but pticulerly to this, " Whether Southwell 
was at thy ffather's howse ? " I answere than, 
if he meant to answere w th out equivocation, 
he synned in swearinge, and is'yet bound not 
P. S3. m t tell or to disclose it, w ch he must needes doe 

.VI o. 



OF EQUIVOCATION. 95 

and cannot avoyde but by saying " No." And 
although it were piury to sweare other thinges 
vf^ equivocation, yet here is no piurye, for 
the oath beyng once taken, the synne is past 
in swearinge to do an vnlawful thinge, but 
there remayneth no bonde to do according 
to the oath ; and so it were but a veniall lye, 
if equivocation did not excuse it from a lye. 
But certaine it is, that he ought to equivo- 
cate in the takinge of the oath, and so all 
synne is avoyded, the lye beynge excused. . 
To conclude, I would very fayne knowe 
of this scrupulous gentlewoman*, what she 
would haue doune if shee had been in the 
steede of another pson of her owne sexe 
called Rahab the harlott ; ffor shee w th a flatt j os . 2. 
lye saved those w ch were reputed spyes by 
the king of Jericho, and so were in deede, 
and though in her lye she comitted a veniall 
synne, yet was she exceedingly rewarded for 
her fidelitye [and made a progenitour of our 
Saviour] f and highly commended in the 

* This, do doubt, refers to the admission of the 
lady that Southwell was in Bellamy's house. See 
ante, p. 72, n. 

t The words between brackets are interlined by Gar- 
net, who adds in the margin the reference, " Mat. 1 ." 



96 A TREATISE 

Jac. 2. Scripture for the same. But lett her haue no 

Heb. 1 ]. 

scrupull the next tyme to equivocate for so 
good a cause, and so shee may sooner come 
to the heavenly land of gmise, and be num- 
bered amongst God's elect, than by betray- 
inge a faythfull servant and messenger of 
Almighty God (and if they will needes have 
it so, a spyall, but a spyall of Christe to 
wynne the possession of men's sowles) gett 
any honour or creditt in the worlde. 



OP EQUIVOCATION. 97 



CAP. 10 

THAT THIS OATH WANTETH NOT JUDGMENT OE 
DISCRETION. 

WE have sufficiently proved, I hope, to such 
as have in them any veretye and justice, that 
this oath w ch we intreate of, wanteth neither P. 54. in 

T\yTG 

verety nor justice. There remayneth onely 
that we in like manner shewe that it cannot 
be voyde of judgement, w ch is the third con- 
dition required in an oath; that is, that 
w th out all rashenes or indiscretion, such an 
oath may be taken. 

Ffor if there be any tyme in w ch w th out 
any temerity, w th iust necessity and reverence 
towardes the most holy name of God, we 
may vse an oath, there is no doubte but 
ryther the p s servation of an innocent, the 
defence of whole famelyes, and the main- 
tenance of our most trewe and auncient and 
apostolicall religion, do require the same ; or 
else lett no man adventure by oathes to de- 
fend his fame, to recover his goods, or to 
H 



f 8 A TREATISE 

confirme any lawfull praise w ch he maketh ta 
his neighboure. 

Two thinges onely it cometh here into my 
mynde to note. Ffirst, that wheras the De- 
vynes do generally say that a man may not 
equivocate in an oath whan he sweareth of 
his owne accord, or by his owne offer, beyng 
not constrayned therevnto by others, yet 
this is not so strictly to be vnderstood, that 
as the case standeth w th us a man may not 
offer an oath of some lawfull thinge, and 
equivocate therin, for to eschew any p'sent 
wrong or imminent daunger for his religion. 
We will expound the matter w th an example. 
A man lyeth in prison, or is like to be caryedto 
prison, because he is accused to haue brought 
a preist to some certaine place, or for other 
suspitions. Now if this person be brought 
before the justice or comissioner and putt to 
his oath whether he brought the preiste or 
no, all agree that he may sweare w th equivo- 
cation that he did not. But if he be not 
examined at all, or putt to his oath, there 
may be a question whether he may, w th out 
p. 55. in rashenes, offer this or no, that so he may re- 
ceave his discharge., sayinge in this manner : 



OF EQUIVOCATION. 99 

" Good Syr, I beseech you to have regard of 
my estate, I am in deede a Catholicke, but as 
for the bringinge this man to the place yo u 
mention, I will take my oath that I never 
brought hym." And I do nothing doubte but 
the Devynes never meant to reprove this, 
but rather that he may safely do it. Ffor 
although he be not violented to sweare, yet 
doth he suffer vniust violence ; from w ch , 
consideringe the circumstances, he cannot be 
freed but by swearinge. And the like I say 
of other cases. And generally, so long as 
there is in the sense of that w ch I sweare, 
veretye and justice, I may w th Out allrashenes 
sweare in this maner so ofte as, having the 
feare of God before my eyes, I probablye re- 
pute that eyther my owne iuste gfitt or of 
my neighbour, or the honour of God, doth so 
require. W ch doctrine is manifest by the enu- 
meration of the conditions of a lawfull oath ; 
ffor in such an oath there is veretye, justice, 
and judgement.* 

The second thing w ch here may be ob- 
served is this : That as we sayed before of 

* Nauar, in cap. Humanse aures. This reference is 
added in the margin by Garnet. 

TT 9 



H2 



100 A TREATISE 

justice, so may we say now of judgement, 
that if by forgetfulnes I shoulde chaunce to 
take an oath, w ch afterward I pceave that if 
it be generally fulfilled it would breede some 
great inconvenience or losse w ch 1 foresawe 
not, although it were in such a matter as I 
might lawfully pfourme, yet am I not bounde 
to fulfill it; and if it be a synne, I am 
bounde not to fulfill it. Whence may be 
gathered a necessary instruction for such as 
any way may be circumvented w th generall 
oathes, or deceived for want of consideration 
of future eventes in any particuler oathe. 
P. 56. in This we will confirme w th an example of 
s Re" 2 *he w * se Salamon, and at that tyme also ver- 
tuous, so that we may boldely imitate hym 
herein, who whan he had willed his mother 
to aske what she would, yet whan he saw 
how p s iudiciall her demaund was to his 
whole kingdome, and his owne securitye, he 
p*ently swore to do cleane contrary to his 
promise. And this is a generall rule in all 
St. Tho. oathes*, that whan there is perceaved any 

4. d. 38. 

q. 1. ar. 3. * This sentence stood in the original MS. as fol- 
lows : " And this is a general rule, as well in oathes 
as vowes, that whan," &c., and was altered by Garnet 
as it now appears in the text. 



OF EQUIVOCATION. 101 

thinge in the matter w ch is promised, w ch if 
it had been knowen at the begynninge, it 
was such in it selfe (not for the bare * alter- 
ation of mynde or affection in the swearer or 
promiser), but as I say in it selfe, that it 
would never have bene sworne or promised, 
except, phapps, w th some equivocation, than 
there is no bond at all in respect therof, and 
contrarywise phaps a bond not to perfourme 
it. As if a man sweare that he will marry such 
a one, and afterward he cometh to the know- 
ledge that long before his promise she was 
of a naughtye fame, he is not bound to marry 
her, although he may if he will. Also, one 
prince sweareth to take the part of another 
in such a warre ; now it happeneth that that 
princes quarrel was good at the begynninge, 
but afterward becometh vniust, because of 
breach of truce, or not acceptinge iust satis- 
faction offered, wherby he were bound in 
conscience to fynishe the warre. In this 
case the oath byndeth the other no more, yea 
he is bound not to perfourme it. [These ex- 
amples are ordinarily brought by Deuines.f] 
And now because we have brought this 

* Interlined by Garnet. t Added by Garnet. 

H3 



102 A TREATISE 

our discourse [towards]* an end, and we are 

yet intreating of iudgement or discretion in 

these oathes, we will, by way of a generall 

P. 57. in recapitulation, although very breife, of many 

T\/TC 

things w ch have bene sayed, sett downe a 
short instruction how a man may behave 
him selfe iudiciouslye and discreetely in his 
examinations by oath, w th out p'iudice to his 
sowle, or iniury to his neighbour. 

Ffirst, therfore, if he be not vrged ther- 
vnto by the necessitye of the cause, lett hym 
refuse to sweare ; for so shall he be sure to 
avoyde scandall and daunger of beyng cha- 
lenged of piurye, if phaps they fynd the 
matter sworne to be false in that sense w ch 
the wordes did make. 

Secondly, if he sweare, than eyther the 
oath is generally ministred to answere to all 
demaunds, or pticulerly that he sweare to 
do or say this or that. In both cases the 
securest way is to sweare in these formall 
wordes, if they may be admitted : " I sweare 
that I will syncerely and directly answere 
whatsoever I knowe ;" ffor, as we sayed in the 
4. chapter, although there be diversity of 
* Altered by Garnet from " unto." 



OP EQUIVOCATION. 103 

opinion [in this point]* amongst Devynes, 
yet do all agree that in matter of knowledge, 
[either] the very ppriety of the worde, " I 
knowe," or " I knowe not," hath a relation 
vnto the vtteringe of the same knowledge 
[or at y e least in such speeches one may law- 
fully retaine so much in mind]. And this 
they thincke necessaryly to be deduced out of 
those 2 speeches of o r Saviour, " I know 
not the day of judgement" (to tell yo u ), and, 
" all that w cb I haue heard of my ffather (for 
to tell yo u ) I haue toulde yo u ." So that all 
allow this speeche f , " I will aunswere 
whatsoeu I knowe" [meaning] J (for to tell 
yo"). If they will not admitte that lymita- 
tion, then, according to Bannez, they are 
bound to vnderstand it, notw th staunding, in 
all his answeres. But for further direction 
of the partye examined, if the oath be minis- 
tred generally, lett hym admitte the oath 
w th this intention, that he will answere di- 

* The words in brackets are inserted by Garnet. 

f This sentence stood in the original MS. thus : 
" So that the very property of the words doth afford 
this speeche, I will,'' &c., and was altered by Garnet as 
in the text. 

| Inserted by Garnet. 



104 



A TREATISE 



P. 58. in rectly and trewelye (and if so they vrge 
hym), w th out all equivocation, so farre as he 
is assured, w th out all doubte or scruple, that 
he may or is bounde. And if they make 
hym sweare that he hath no private inten- 
tion, or secreat meaning, lett hym sweare it 
also w th that very same secrett vnderstand* 
inge, that he hath no such meaning to tell 
them. And with this generall meaning at 
the begynning whan he tooke the oath, lett 
hym not doubte but he shalbe safe from all 
piury, although he answere* trewly to no- 
thinge, because in these cases he is bound to 
aunswere directlye to nothing. Yet for to 
save hym selfe from lyinge (w ch notw th stand- 
inge were but a venyall synne in these 
matters, and of farre lesse accounte than 
phaps many other synnes w ch he howerly 
comitteth), lett hym vse some reasonable kynd 
of equivocation, as he may easelye learne, of 
the wiser sorte ; that is, lett hym speake 
some wordes w ch may satisfy e the hearers, 
and w th some other wordes w ch he conceiveth 
may make a trewe sense. And lett hym as- 

* Garnet had here inserted the words " in their 
vnderstanding," but afterwards crossed them out. 



OF EQUIVOCATION. 105 

sure hym selfe that by no way he can sinne 
more haynously in these matters than to dis- 
close that w ch is in deede, whether he have 
sworn to do it or no. 

But if he had no intention of equivocation 
at the first whan he tooke the oath, yet 
lett hym psuade hym selfe neverthelesse 
that he is not bounde by his oath to do any 
thinge w ch becommeth not an honest man ; 
and so if he equivocate in the pticuler ques- 
tions, he synneth not at all. If he tell playne 
lyes w th out any trewe sense reserved, those 
do not so much offend God w th theire falsitye, 
as he is wont to reward such fidelitye, as we 
reade in the midwives of ^Egipt, and in that 
honest harlott [if so we may call her]* Rahab, P. 59. in 
to whome God hym selfe shewed speciall 
favoures. 

Ffynally, if he be vrged to sweare the truth 
of some pticuler matter, lett hym intend to 
sweare to tell the trewth so farre as he is 
bound. f If to do any pticuler vnlawfull 
matter, if it be such a thinge as may [be] 
well interp'ted, and not to tend to any scan- 
dall or dishonour of God, lett hym sweare it 

* Inserted by Garnet. f See cap. 7. prop. 3. 



106 A TREATISE 

w th equivocation, but not meaning to do it. 
If it be scandalous or manifestly contrary to 
Christian dewtye, he must needes refuse it, 
as hath been declared before. 

Thus much haue I thought good to say in 
this question, wishing that Mr. Southwell 
hym selfe had had the handling therof. 
The tyme will come whan he shall, togither 
w th all the Sayntes of God, stare in magna 
constantia (face to face) aduersus eos qui se 
angustiauerunt, at w ch tyme God graunte 
that wee may abide his lookes, and fynde 
hym a more favorable advocate than he hath 
found others here, that we may all togither 
at the length meete in the pfect vnitye of 
the knowledge and sight of God, and be 
consummated in Christe our Saviour. 



[Page 60. of the MS. is blank.] 



THE END. 



OF EQUIVOCATION. 107 



Tractatus iste ualde doctus et uere plus & p. 
Catholicus est. Certe S. Scripturarum, 
patruin, doctorum, scholasticorum, Cano- 
nistarum & optimarum rationu praesidijs 
plenissime firmat aequitatem aequiuoca- 
tionis Ideoqj dignissimus est qui typis 
propagetur ad consolationem afflictoru 
Catholicorum and omnium piorum in- 
structionem. 

Ita censeo 

GEORGIUS BLACKE- 
WELLUS Archipresbit r 
Anglias 8c Protono- 
tarius Apostolicus.* 



* This imprimatur is not in Blackwell's hand- 
writing, but is a copy made by one Vavasor, a servant 
to Francis Tresham. See Preface, p. viii. 



LONDON : 

SPOTTISWOODES and SHAW, 
New-street- Square. 



AN ALPHABETICAL CATALOGUE 

OF 

NEW WORKS 

IN GENERAL AND MISCELLANEOUS LITERATURE, 

PUBLISHED BY 

MESSRS. LONGMAN, BROWN, .GREEN, AND LONGMANS, 
PATERNOSTER ROW, LONDON. 



CLASSIFIED INDEX. 
Agriculture and Rural 
Affairs. 



- 5 

- 8 

- 16 



Bayldonon ValuingRents,etc. - 

Crocker's Land Surveying - - 

Johnson's Farmer's Encyclopaedia - 

Loadon's Encyclopedia of Agriculture - 18 

, Self-Instruction for Farmers, etc. 17 

. ,, (Mrs.)Lady'sCountryCompanion 17 

Low's Elements of Agriculture - - 18 

On Landed Property - 18 



Arts, Manufactures, and 
Architecture . 

Bourne's Catechism of the Steam Engine ( 
Brande's Dictionary of Science, etc. - (j 
Budge's Miner's Guide - 6 

Cresy's Encycl. of Civil Engineering - 8 
D'Agincourt's History of Art - - - 23 
Dresden Gallery ----- o 
Eastlake on Oil Painting 
Evans's Sugar Planter's Manual - 
Gwilt's Encyclopaedia of Architecture 
Humphreys' Illuminated Books 
Jameson's Sacred and Legendary Art 
Loudon's Rural Architecture - 
Moseley's Engineering and Architecture 
Scoffern on Sugar Manufacture 
Steam Engine ^The) ,by the Artisan Clul 
Tate on Strength of Materials - 
Twining on Painting .... 
Ure's Dictionary of Arts, etc. 



Biography. 



Foss's Judges of England - 10 

Grant (Mrs.) Memoir and Correspondence ]1 
Head's Memoirs of Cardinal Pacca - 13 
Humphreys's Black Prince ... 14 
Hinders ley's De Bayard - 16 

Maunder's Biographical Treasury - - 21 
Southey's Life of Wesley - 29 

,, Life and Correspondence - 28 
Stephen's Ecclesiastical Biography - 29 
Taylor's Loyola - ... .30 
Townsend's Twelve eminent Judges - 31 
Waterton's Autobiography and Essays - 31 

Books of General Utility. 

Acton's (Eliza) Cookery Book - - 5 

Black's Treatise on Brewing ... 6 

Cabinet Lawyer (The) ... 7 

Foster's Hand-book of Literature - - 11 



Pages 



Hints on Etiquette - 

Hudson's Executor's Guide - - - 14 
On Making Wills ... 14 
Loudon's Self Instruction - . - 17 
,, (Mrs.) Amateur Gardener - l; 
M auuder's Treasury ol Knowledge - - 2C 
,, Scientificaiid Literal-Treasury 20 
,, Treasury of History - - 20 
,, Biographical Treasury 21 

,, Natural History - " - -20 
Pocket and the Stud - - - - 12 
Pycroft's Course ol English Reading - 24 
Reece's Medical Guide - - - - 25 
Rich's Companion to the Latin Dictionary 25 
Riddle s Latin Dictionaries and Lexicon 25 
Rowton's Debater ... 

Short Whist 26 

Stud (The) for Practical Purposes - 12 

Thomas's Interest Tables 
Thomson's Management of Sick Room - 30 
,, Interest Tables . 30 

Webster's Eutycl. of Domestic Economy 32 

Botany and Gardening. 

Callcott's Scripture Herbal 
Conversations on Botany ... 

Evans's Sugar Planter's Manual 
Hoare On the Grape Vine on Open Walls 
Hooker's British Flora .... 
_ ,, Guide to Kew Gardens - - 
Lindley's Introduction to Botany - 
Loudon's HortusBritannicus - 

,, Encyclopaedia of Trees & Shrubs 
,, Gardening 

Encyclopaedia of Plants - 
,, Self-Instruction for Gardeners 
,, (Mrs.) Amateur Gardener 
Rivers's Rose Amateur's Guide 
Schleiden's Botany, by Lankester - 



Allen 



Chronology. 

f the Royal Prero- 



the R 

Blaif's Chro e noiogicnl Tables - 
Bunsen's Ancient Egypt 
Haydn's Book of Dignities - 



Commerce and mercantile 
Affairs. 

Banfield and Weld's Statistics - - 5 

Gilbart's Treatise on Banking - - 1 1 

Gray's Tables of Life Contingencies - 11 

Lorimer's Letters to a Master Mariner 17 





2 CLASSIFIED INDEX 


Pages 


Pages 


M'Culloch's Dictionary of Commerce - 19 
Steel's Shipmaster's Assistant - - 29 
Symons' Merchant Seamen's Law - - 29 


Laneton Parsonage ----- 27 
Mrs. Marcel's Conversations - -19,20 
Margaret Percival ----- 27 


Thomas's Interest Tables - 30 


Marryat's Masterman Ready - 20 


Thomson's Tables of Interest - - - aO 


,, Privateer's-Man - 20 




Settlers in Canada > - - 2( 




Mission; or, Scenes in Africa 20 


Criticism, History, and 
Memoirs. 


Pycroft's Course of English Reading - 24 
Twelve Years Ago: a Tale ... 31 


Blair's Chron. and Historical Tables - 6 
Bunsen's Ancient Egypt - " 7 


Medicine. 


Coad's Memorandum - ' 1 
Conybeare and Howson's St. Paul - - 8 
Dandolo's Italian Volunteers - - - 8 
Dennistoun's Dukes of Urbino 
Dunlop's History of Fiction 
Eastlake's History of Oil Painting - 
Foss's Judges of England 
Foster's European Literature - 
Gibbon's Roman Empire - - ; - 1| 


Bull's Hints to Mothers ... 6 
Management of Children - - 7 
Copland's Dictionary of Medicine - - 8 
Latham On Diseases of the Heart - - 17 
Moore On Health, Disease, and Remedy 21 
Pcreira On Food and Diet - 24 
Reece's Medical Guide - - 25 


Grant (Mrs.) Memoir andCorespondence 11 




Hamilton's (Sir William) Essays - - 12 




Harrison On the English Language - 12 


Miscellaneous 


Head's Memoirs of Cardinal Pacca - - 13 
Holland's (Lord) Foreign Reminis- 


and General Literature. 


cences ------ 13 




Humphreys's Black Prince - 14 
Jeffrey's (Lord) Contributions - - It 


Allen on Royal Prerogative - - - 5 
Coad's Memorandum 7 


Kemble's Anglo-Saxons in England - 1C 


Dresden Gallery 9 


Macaulay's Essays 18 


Dunlop's History of Fiction - 9 


History of England - - 19 
Mackintosh's Miscellaneous Works - 19 


Gower's Scientific Phenomena - - 11 
Graham's English - - - - 11 


M'Culloch's Dictionary, Historical, Geo- 


Grant's Letters from the Mountains - 11 


graphical, and Statistical - - -19 
Maunder's Treasury of History - - 20 


Haydn's Beatson's Index - - - 12 
Hooker's Kew Guide - 13 


Merivale's History of Rome - - 21 


Hewitt's Rural Life of England - - 14 


Mosheim's Ecclesiastical History - -22 


,, Visits to Remarkable Places - 14 


Mure's Ancient Greece - - - 22 


Jardine's Treatise of Equivocation - - 15 


Rich's Companion to the Latin Dictionary 25 
Riddle's Latin Dictionaries - - - 25 


Jeffrey's (Lord) Contributions - - 16 
Kay on Education, etc. in Europe - - 16 


Rogers's Essays from th Edinburgh Rev. L'o 
Schmitz's History of Greece - 30 


Loudon's(Mrs.) Lady's Country Companion 17 
Macaulay's Critical and Historical Essays 18 


Smith's (S.) Lectures on Moral Philosophy 27 
Southey's The Doctor etc. - - - 28 


Mackintosh's (Sir J.) Miscellaneous Works 19 
Maitland's Church in the Catacombs - 19 


Stephen's Essays 29 


Pascal's Works, bv Pearce - 24 


Sydney Smith's Works - - - - 27 
Taylor's Loyola ----- 30 
Thirlwall's History of Greece - 30 


Pycroft's Course of English Reading . 24 
Rich's Companion to the Latin Dictionary 25 
Riddle's Latin Dictionaries and Lexicon 25 


Tooke'sHistoriesof Prices - - -31 


Rowton's Debater ----- 26 


Townsend's State Trials - 31 


Seaward 's Narrative of his Shipwreck - 26 


Twining's Philosophy of Painting - - 31 


Sir Roger De Coverlev - - 27 


Twiss on the Pope's Letters - - - 31 


Southey's Common-Place Books - - 28 


Zumpt's Latin Grammar - - - - 32 


The Doctor etc. - - - 28 




Stow's Training System - 29 




Sydney Smith's Works - - - 2? 


Geography and Atlases. 


Townsend's State Trials - - - - 31 
Willoughby's (Lady) Diary - - - 32 


i 


Zumpt's Latin Grammar - - - - 32 


,, Atlas of General Geography - 7 




Erman's Travels through Siberia - - 10 
Hall's Large Library Atlas - - - 12 


Natural History in 


,, Railway Map of England - - 12 


General. 


M'Culloch's Geographical Dictionary - 19 
Murray's Encyclopedia of Geography - 22 
Sharp's British Gazetteer - - - 26 


Callow's Popular Conchology - - - 7 
Doubleday's Butterflies and Moths - 9 
Ephemera and Young on the Salmon - 10 




Gosse's Natural History of Jamaica - 11 


Juvenile Books. 


Gray and Mitchell's Ornithology - - 11 
Kirbv and Spence's Entomology - - 16 




Lee's Taxidermy - ... 17 


Amy Herbert ------ 27 


,, Elements of Natural History - - ]/ 


Corner's Children's Sunday Book - - 8 


Maunder's Treasury of Natural History 20 


Earl's Daughter (The) - - - - 27 


Turton'sShellsoftheBritishlslands - 31 


Gower's Scientific Phenomena - - li 
Howitf s Boy's Country Book - - - 14 


VVaterton's Essay s on Natural History - 32 
Westwood's Classification of Insects - 32 
Youatt's The Dog 32 







TO MESSRS. LONGMAN AND Co.'s CATALOGUE. 3 


Novels and "Works of 
Fiction. 

Pages 
Dunlop's History of Fiction - 9 
Head's Metamorphoses of Apuleivts - 12 
Lady Willoughby's Diary - - - 32 
Macdonald's Villa Verocchio - - - 19 
Marryat's Masterman Ready - - 20 
,, Privateer'3-Man ... 20 
,, Settlers in Canada - - - 20 
,, Mission; or, Scenes in Africa - 20 
Mount St. Lawrence - - - 22 
Sir Roger de Coverley - - - - 27 
Southey's The Doctor etc. - 28 
Twelve Years Ago: a Tale ... 31 

One Vol. Encyclopaedias 
and Dictionaries. 

Elaine's, of Rural Sports - 6 
Brande's, of Science, Literature, and Art 6 
Copland's, of Medicine ... 3 
Cresy's, of Civil Engineering - - - 8 
Gwilt's, of Architecture - - 11 
Johnson's Farmer ..... 16 
Johnston's Geographical Dictionary - 16 
Loudnn's, of Treesand Shrubs "- - IS 
,, of Gardening - 18 
of Agriculture - 18 
,, of Plants .... 18 
,, of Rural Architecture - 18 
M'Culloch's Geographical Dictionary 19 
,, Dictionary of Commerce 19 
Murray's Encyclopaedia of Geography 22 
Ure's Arts, Manufactures, and Mines 31 
Webster's Domestic Economy - 32 

Poetry and tbe Drama. 

Alkin's (Dr.) British Poets - - 5 
Baillie's (Joanna) Poetical Works - 5 
Flowers and their Kindred Thoughts 23 
Fruits from the Garden and Field - 23 
Goldsmith's Poems, illustrated - 11 
Gray's Elegy, illuminated - 23 
Key's Moral of Flowers ... 13 
j, Svlvau Musings ... 13 
L. E. L."'s Poetical Works - - 16 
Linwood's Anthologia Oxoniensis - 17 
Macaulay's Lays of Ancient Rome - 19 
Montgomery's Poetical Works - 21 
Moore's Irish Melodies 21 


Kay on the Social Condition, etc.of Europe 16 
Laing's Notes of a Traveller - - - 17 
M'Culloch's Geographical, Statistical,and 
Historical Dictionary - - 19 
M'Culloch's Dictionary of Commerce - 19 
,, On Taxation and Funding - 19 
,, Statistics of the British Empire 19 
Mareet's Conversations on Polit. Economy 19 
Tooke's Histories of Prices - . . 3| 

Religious and Moral 
Works, etc. 


Bloomfield's Greek Testament - - 6 
Annotations on ditto 6 
,, College and School ditto - 6 
,, Lexicon to Greek Testament jj 
Book of Ruth (illuminated) - - 1 5 
Callcott's Scripture Herbal ' ~ ' 7 
Conybeare and Howson's St. Paul g 
Cook's Edition of the Acts - 8 
Cooper's Sermons - - - g 
Corner's Sunday Book - g 
Dale's Domestic Liturgy - - g 


Earl's Daughter (The) - 17 
Ecclesiastes (illuminated) - - - 23 
Elmes's Thought Book - - - - 10 
Englishman's Hebrew Concordance - JQ 
Greek Concordance - 10 


Hook's (Dr.) Lectures on Passion Week 13 
Home's Introduction to the Scriptures - 13 
,, Compendium of ditto - - 13 
Howson's Sunday Evening - - - 14 
Jameson's Sacred and Legendary Art - 15 
Monastic Legends - - 15 
,, Legends of tlie Madonna - 15 
Jeremy Taylor's Works - 16 
Laneton Parsonage - - - - - 2? 
Letters to my Unknown Friends - - 17 


Maitland's Church in the Catacombs - 19 1 
Margaret Percival 27 

Marriage Service (illuminated) - - 23 j 
Maxims, etc. of the Saviour - 15 
Miracles of Our Saviour - - - 15 
Moore on the Power of the Soul - - 21 
on the Use of the Body - - 21 
on Man and his Motives - - 21 
Morell's Philosophy of Religion - - 22 
Mosheim's Ecclesiastical History - - 22 


Poetical Works ... 21 
Songs and Ballads - 21 
Shakspeare, by Bowdler - 26 
,. 's Sentiments and Similes H 
Southey's Poetical Works - - 29 
British Poets ... 29 
Swain's English Melodies - - 29 
Taylor's Virgin Widow ... 30 
Thomson's Seasons, illustrated - 30 
,, with Notes, by Dr. A. T. Thomson r 30 
Watts's Lyrics of the Heart ... 32 
Winged Thoughts ... . 22 

Political Economy and 
Statistics. 

Banficld and Weld's Statistics - 5 
Gilbert's Treatise on Banking - - - 11 
Gray's Tables of Life Contingencies - 11 


Neale's Closing Scene - - . - 22 j 
,, Resting Places of the Just- - 22 : 
Newman's (J. H.) Discourses - - 22 | 
Paley's Evidences, etc., by Potts - . 22 , 
Parables of Our Lord ... ]5 ( 
Pascal's Works, by Pearce - - 24 
Readings for Lent .... 16 | 
Robinson's Lexicon of the Greek Testa 
ment 25 
Sermon on the Mount (The) - 23 
Sinclair's Journey of Life - - 27 ; 
,, Business of Life - - 27 
Sketches (The) .... 27 
Smith's (G.) Perilous Times - 28 
Religion of Ancient Britain 28 
Sacred Annals - - 27 
Doctrine of the Cherubim 27 
(J.) St. Paul's Shipwreck - 28 
fS.) Lectures on Moral Philosophy 2? 
Solomon's Song (illuminated) - - - 23 
Southey's Life of Wesley ... 29 
Stephen's (Sir J.) Essays - - 29 



4 CLASSIFIED INDEX. 


Pages 


Pages 


Tayler's (Rev. C.B.) Margaret - . 2 
Lady Mary - - 29 
Taylor's (J.) Thumb Bible - - r 30 
., (Isaac) Lovola ... 30 
Tomline's Introduction to the Bible - 30 
Turner's Sacred Historv - 31 
Twelve Years Ago - 31 


Herschel's Outlines of Astronomy - - 13 
Humboldt's Aspects of Nature - -14 
,, Cosmos .... 14 
Hunt's Researches on Light ... 15 
Marcet's Conversations - 19, 20 
Memoirs of the Geological Surrey - - 21 
Moseley's Practical Mechanics - - 22 


Twiss on the Pope's Letters - - - 31 
Wilberforce's View of Christianity - 32 
Willoughby's (Lady) Diary - . 32 
Wisdom of Johnson's Rambler, etc. - 16 


Owen's Comparative Anatomy - - - 23 
Peschel's Physics ----- 24 
Phillips's Pal seozoicFossilsof Cornwall, etc.24 
Mineralogy, by Miller & Brooke 24 
Portlock's Geology of Londonderry - 24 
Schleiden's Scientific Botany - - - 26 


Rural Sports* 


Smee's Electro-Metallurgy - 27 
Steam Engine (Ure), by the Artisan Club 5 
Tate on Strength of Materials - .29 


Blaine'sDictionarvof Sports - - 6 


Thomson's School Chemistry - - SO 


The Cricket Field ..... 3 




Kphemera on Angling - 10 
,, 's Book of the Salmon - - 10 
Hawker'sInstructionstoSportsmen . 12 


Veterinary Medicine. 


The Hunting Field - 12 
Loudou's(Mrs.) Lady'sCountryCompanion 17 
Pocket and the Stud - 12 
Practical Horsemanship - - - - 12 
PuIman'sFlv-Fishing .... 24 
Ronalds's FlV-Fisher - - - - 25 
Stable Talk and Table Talk - 12 
The Stud, for Practical Men ... 12 


The Hunting Field 12 
The Pocket and the Stud - 12 
Practical Horsemanship ... 12 
Stable Talk and Table Talk - - - 12 
The Stud for Practical Purposes - - 12 
Youatt's The Dog - - - - - 32 
The Horse - ... 32 


Wheatley's Rod and Line ... 32 






Voyages and Travels. 


The Sciences in General 


Chesney's Euphrates and Tigris * - 7 


and Mathematics. 


Forhes's Datromey ----- 10 


Bourne's Catechism of the Steam Engine 6 
Brande's Dictionary of Science, e c. - 6 
Conversations on Mineralogy - 7 
DelaBecheontheGeologyor Cornw ll.etc. 9 
,, 's Geological Observer - 8 
De la Rive's Electricity - - - 9 


Forester and Biddulph's Norway . - 10 
Head's Tour in Rome .... 13 
Humboldt's Aspects of Nature . - 14 
Laing's Notes of a Traveller - 17 
Power's New Zealand Sketches - -24 
Richardson's Overland Journey - -25 
Rovings in the Pacific ... 25 


Gower's Scientific Phenomena . 11 


Snow's Arctic Voyage - - . .28 





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10 



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22 NEW WORKS AND NEW EDITIONS 

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26 



NEW WORKS AND NEW EDITIONS 



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28 



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SOUTHEY. THE LIFE OF WESLEY, 

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