object is rather to show the contents of the book, than to undertake so superfluous a task as that of refuting it. The third chapter consists of a 'metaphysical consideration,' proving that such mixed propositions are true propositions, and that their 'veritye is not to be judged according to that which is uttered ' in words severally, but according to the words and some other thing understood or reserved.' The fourth is an appeal to authority. David used mixed propositions; for he said that the wicked should not rise again in the judgment, which is a false and heretical proposition,' unless he reserved something in his mind. Our Saviour used them; for He said that whatsoever He had heard from his Father, He had made known to His disciples and that whatsoever two faithful persons should ask, it should be done; and that He was not sent but unto the lost sheep of the house of Israel; and that Jaïrus' daughter was not dead, but asleep; and that His disciples could not go where He was going; and that the Son knew not the day of judgment; and that He was not going up to the feast. S. Paul used them; for he said that no man had seen or could see God; and yet 'Moses, as most holy fathers do affirme, and our blessed Ladye, as most schoolmen hold, and S. Paul hymself before that time, saw the very essence of God.'

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This is quite enough for the first purpose which the Treatise was to serve; and so in the three last chapters, we are brought triumphantly to the conclusion, that such an oath as that which Southwell taught Miss Bellamy to take, is wanting neither in truth, nor in justice, nor in judgment. It is not wanting in truth; for an oath of an equivocal proposition is a trewe oath, 'because of the truth of the proposition alone-because of the doctrine of the fathers-because it skylleth not that the pro'position is conceived as false-because in every oath there is 'understood this condition, that I will do so far as it is lawful' and because, in not meaning to perform the oath in the imme'diate sense of the judge, I have no contrary meaning to the principal meaning and intention which he hath, or should have? It is not wanting in justice; for when the partye which is ex'amined is asked that particular question, Was he there? what hyndereth that he may not say No? Not his oath; for that 'falleth not upon that question, being an unlawful question. 'Then it is only the lye; and being hurtful to nobodye, the 'most that these canonistes can make of it is but an officious 'lye, which is but a small veniall synne, and rather to be in'curred than the other, of prejudicing so highly our neighbour. 'And yet, if he did equivocate, meaning No, to tell you, then was it no lye at all, and it was but an equivocation not sworn; 'for the oath, as I said, did not nor could fall upon that question :

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so that it is an equivocation very far from perjury.' It is not wanting in judgment,-that is, it may be taken without rashness or indiscretion; for so long as there is, in the sense of that which I swear, veritye and justice,'-which has just been proved, 'I may without all rashness swear in this manner, so ofte as, having the fear of God before my eyes, I probably 'repute that either my own just profitt, or of my neighbour, or 'the honour of God, doth so require.' The conclusion is as follows::

'So that all allow this speech, I will answere whatsoever I knowe, meaning, for to tell you. If they will not admit that limitation, then, according to Bannez, they are bound to understand it, notwithstanding, in all his answeres. But, for further direction of the partye examined, if the oath be ministered generally, let hym admit the oath with this intention, that he will answere directly and truly, and (if so they urge hym) without all equivocation, so far as he is assured, without all doubt or scruple that he may or is bound. And if they make hym swear that he hath no private intention, or secret meaning, let hym swear it also with that very same secret understanding, that he hath no such meaning-to tell them. And with this general meaning at the beginning, when he took the oath, let hym not doubt but he shall be safe from all perjury, although he answer truly to nothing, because in these cases he is bound to answer directly to nothing, Yet, for to save hymself from lying, (which, notwithstanding, were but a very veniall synne in these matters, and of far less account than, perhaps, many other synnes which he hourly committeth,) let hym use some reasonable kynds of equivocation, as he may easily learn of the wiser sort; that is, let hym speake some words which may satisfye the hearers, and, with some other words which he conceiveth, may make a trewe sense. And let hym assure hymself, that by no way he can sinne more heinously in these matters than to disclose that which is indeed, whether he have sworn it or no. But if he had no intention of equivocation at the first when he took the oath, yet let hym persuade hymself, nevertheless, that he is not bound by his oath to do anything which becometh not an honest man; and so, if he equivocate in the particular question, he synneth not at all. If he tell plain lyes, without any true sense reserved, those do not so much offend God with their falsitye, as He is wont to reward such fidelitye, as we read in the midwives of Egypt, and in that honest harlot, if so we may call her, Rahab, to whom God hymself showed special favours. Fynally, if he be urged to swear the truth of some particular matter, let hym intend to tell the truth-so far as he is bound. If to do any particular unlawful matter, if it be such a thing as may be well interpreted, and not to tend to any scandal or dishonour of God, let hym swear it with equivocation, but not meaning to do it. If it be scandalous, or manifestly contrary to Christian duty, he must needs refuse it, as hath been declared before.'-P. 103.

Thus Southwell's good faith is vindicated, as well as 'the practice which was common in all Christian courts, and in all 'politicke governments, before these accusers or their great'grandfather Luther was born, when the world was governed 'with as great piety, justice, and learning, as these scrupulous 'persons will ever establish in this realm, though they use never so great diligence.' The Treatise would not, however, be com

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plete in its character of a manual, if it contained no more than this. There are other ways, besides this method of mental restriction, (here called equivocation,) 'whereby, without a lye, a trewth may be covered; and these must be enumerated. first of these answers to Liguori's first form of Amphibology, 'where a word hath many significations, and we understand it in one sense which is trewe, although the hearer conceive the 'other which is false. . . The like whereunto were, if one 'should be asked whether such a stranger lodgeth in my house, 'and I should answer, He lyeth not at my house, meaning that 'he doth not tell a lye there, although he lodge there. The second is, when unto one question may be given many answers; we may yeeld one, and conceale the other.' The third corresponds with Liguori's second form of Amphibology, where the 'whole sentence which we pronounce, or some word thereof, or 'the manner of poynting and dividing the sentences, may be 'ambiguous, and we may speak it in one sense trewe for our advantage.' Thus, it was not reprehensible, in one which 'had just cause, to say his father's name was Peter or Paul, 'because the Apostles are the spiritual fathers of the worlde;' and, so if one should say to a theife, Juro tibi numeraturum me 200 aureos, the word tibi may be joyned with juro, or with numeraturum. In like manner a man may cunningly alter the pronunciation, as if, according to the Italian manner of pronunciation, a man should say tibi uro for tibi juro, which 'two examples Bellarmine bringeth in his Dictates, 2. 2. q. 89. 'ar. 7. dub. 2., as also before (adds Garnet) q. 69. ar. 2. 'dub. 2.'

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To these three ways of concealing trewth by words, if we add the other of which we spoke before,—that is, when we utter certain words which of themselves may engender a false conceit in the mynde of the hearers, and yet, with somewhat which we understand and reserve in our myndes, maketh a trewe proposition."-then shall we have four ways how to conceal a trewth without making a lye.'-P. 52.

And what effect had these doctrines on the moral conduct of their promulgators and recipients? Take the case of Garnet himself. Casaubon recounts how he acted upon his principles at the time of his own trial. During his imprisonment,

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1 P. 49. A similar case is given in p. 29. 'If I be asked whether such a one be in my house, who is there indeed, I may answer in Latin, Non est hic, meaning that he eateth not there, for so doth est signifye.'

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Other examples of this mental reservation, besides those already given, are the following: Non feci, I did not,' understanding ut dicam tibi, that I may or ought to tell you; or, 'I did it not, yesterday.' Non habeo, I have it not,' understanding, for to give you.' 'Dabo, I will give you an hundred pounds,' understanding, if I fynd it in Cheapside.'-P. 31.

he had been in the constant habit of holding communication with Hall or Oldcorne, who was confined in an adjoining chamber. The words which passed between them were overheard, and many facts were in this method elicited. After a time, Garnet was charged before the Lords of the Council with having held these conferences. He put a bold face on the matter; and, although warned not to equivocate, denied it upon his soul, 'reiterating his denial,' as the Earl of Salisbury said, 'with so many detestable execrations, as it wounded the hearts of the Lords to hear.' It was told him that Oldcorne had confessed the fact, upon which the wretched man 'cried the Lords' pardon, and said he had offended, if equivocation did not help him.' Again, take the case of Francis Tresham, to whom this identical Treatise which is now in the Bodleian belonged. During his examination, he had admitted Garnet's complicity in the mission of Winter to Spain. A few hours before his death he wrote a paper, and signed it with his name, declaring that he had made his previous statement only to avoid ill-usage; and that, 'upon his salvation, it was more 'than he knew that Garnet was privy to the sending of Thomas 'Winter into Spain;' and 'that he had not seen Garnet for six'teen years before, nor never had letter nor message from him.' This was wholly false, as all but Liguorians and their predecessors count falsehood. Garnet acknowledged his constant intercourse with him; and on being asked by Lord Salisbury 'what interpretation he made of the testamental protestation of 'Tresham,' replied, 'It may be, my Lord, he meant to equivocate.' This, says Sir Edward Coke, in a letter to Lord Salisbury, is the fruit of equivocation, the book whereof we '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 intra pontem et fontem, he might 'find grace; but it is the most fearful example that I ever 'knew.'

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The exhumation of this Treatise gives an opportunity of examining an interesting question,-how far the Theory of Truthfulness, taught by Rome at the beginning of the seventeenth century, is the same as that which she teaches in the nineteenth. Our extracts from S. Alfonso de' Liguori will have shown that, in spirit, they are identically the same. In form they differ, but only to this extent. There is a greater boldness and shamelessness two centuries ago; a greater consciousness that all the world is not prepared to accept such principles in

State Paper Office, Criminal Trials, vol. ii. p. 102. Quoted in preface to "Treatise of Equivocation.'

their nakedness now. There is a naiveté and a heartiness then, which is exchanged for doggedness of assertion now. But more than this. In the interval between the publication of the 'Treatise of Equivocation' and the Theologia Moralis,' there lived Innocent XI. Innocent XI. of the house of Odescalchi, was a Pope meek and mild in manner, but firm and high in purpose. In his opposition to Louis XIVth's encroachments on the spiritual power, he found himself fighting side by side with the Bishop of Pamiers and others of the Jansenist party. A man of uncompromising and inflexible integrity in his private life, he naturally leant towards the Jansenist codes of morality, and had little sympathy with the system which, twenty years before he had been raised to the pontificate, Pascal had held up to scorn and indignation. Accordingly he made short work with many a darling proposition, which had been enshrined in such books as are represented by Herman Busembaum's Marrow of Moral Theology and other works of the Society. Regardless of the long line of logical argument on which they rested, regardless of the ingenuity and authority of their supporters, Innocent acted on the instincts of a human heart, and unsparingly condemned propositions as soon as they touched upon practice, without venturing—or deigning-to grapple with the subtle train of dialectic on which they were speculatively founded. Accordingly, on the subject of Mental Reservation, we find the three following propositions condemned by Innocent XI:

I. If anyone, either alone or in the presence of others, either asked or of his free will, either for amusement or for any other reason, swears that he has not done something which he really has done, meaning in his own mind something else which he did not do, or another way from that in which it was done, or any other added circumstance which is true, he in fact tells no lie, and is not perjured.

'II. There is good reason for a man's using these amphibologies, as often as it is necessary or useful, to protect himself, or his honour, or his property, or in order to perform any kind of virtuous act, so that the concealment of the truth is then counted expedient and desirable.

'III. Whoever has been promoted to a magistracy or public office by means of a recommendation, or by bribery, may take the oath required by the king's mandate, with mental restriction, without respecting the intention with which it is exacted, because he is not bound to confess a hidden crime."

It must have been a hard thing for the under-workers to bear, when the master-builder came in and struck down the crowningstone, for the support of which they had erected their work. However, ingenium res adversæ nudare solent. 'Il Papa biancho' is no match for 'Il Papa nero;' and Jansenism has always been

1 Quoted in Theol. Mor. 4. 152.