TREATISE OF EQUIVOCATION.

I can now inform you that the MS. _Treatise of Equivocation_, about

which J.M. inquired (Vol. i., p. 263.), is preserved in the Bodleian

Library (Laud, _Miscellaneous MSS. 655_.). Dodd, in his _Church History_

(vol. ii. pp. 381. 428.), under the names Blackwell and Francis Tresham,

mentions the work by its second title, _A Treatise against Lying and

fraudulent Dissimulation_, and states that the MS. is in the Bodleian.

Through the kindness of Dr. Baudinel, I have seen the tract; and as

there is a certain historical interest attached to it, some information

on the subject may be acceptable to your readers. But it may be as well

first to give the account of its production at the trial of Guy Fawkes

and the conspirators, Jan. 27, 1606. (See _State Trials_, vol. ii. col.

180.) After Coke had introduced under the seventh head of his speech, as

the fourth means for carrying on the plot, "their perfidious and

perjurious equivocating," there follows:--

"And here was showed a Book, written not long before the Queen's

death, at what time Thomas Winter was employed into Spain,

entituled, 'A Treatise of Equivocation,' which book being seen

and allowed by Garnet, the superior of the Jesuits, and

Blackwell, the Archpriest of England, in the beginning thereof

Garnet with his own hand put out those words in the title of

'Equivocation,' and made it thus; 'A Treatise against Lying and

fraudulent Dissimulation.' ... 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, scholasticorum, canonistarum, et optimarum

rationum præsidiis plenissime firmat æquitatem æquivocationis;

ideoque dignissimus est qui typis propagetur, ad consolationem

afflictorum Catholicorum, et omnium piorum instructionem.'"

Coke referred to it again at Garnet's trial, March 28, 1606 (_State

Trials_, vol. ii. p. 234.); and the importance attached to the discovery

of the work may be judged of by Morton's _Full Satisfaction_, 1606: a

very large part of which is occupied in discussing it.

The copy in the Bodleian is the one which was produced at the trial. It

is a small quarto in a vellum cover, on the outside of which is written,

on the front side, in a later hand, "Blackwell de Equivocatione, &c.;"

on the other side, in Sir E. Coke's hand, "Equivocations." It consists

of sixty-six pages in all; i.e. two leaves at the beginning originally

left blank, and not numbered; sixty-one pages numbered continuously, and

fifty-nine of them written on: p. 61., that is, the fly-leaf at the end,

contains Blackwell's imprimatur as described by Coke. On the first

fly-leaf, at the beginning, is the following memorandum:--

"This booke, contening 61 pages, I founde in a chamber in the

Inner Temple, wherein Sr Thomas Tresham used to lye, and whiche

he obteyned for his two younger sonnes. This 5 of December,

1605." EDW. COKE.

"Os quod mentitur occidit animam."

It may be enough to remind the reader, that after Nov. 5, 1605, Coke,

being Attorney-General, was engaged in prosecuting the discovery of the

plot and seeking for evidence. Francis Tresham, to whom the authorship

is attributed by Dodd (vol. ii. p. 427, 428.), was a son of Sir Thomas

Tresham; his connection with Garnet and the plot is well known. Sir T.

Tresham died Sept. 11, 1605. (Dodd, vol. ii. p. 58.) Francis had been

committed {169} to prison, and died Nov. 20, 1605; and Coke found this

in searching his chambers a fortnight after. The title originally stood

thus:--

"A TREATISE OF EQUIVOCATION, _wherein is largely discussed the

question_, whether a Catholicke or any other person before a

Magistrate being demaunded uppon his oath whether a Prieste were

in such a place, may (notwithstanding his perfect knowledge to

the contrary), without Perjury, and securely in conscience

answere, No: with this secreat meaning reserved in his minde,

That he was not there so that any man is bound to detect it."

The words in small capitals and Italics occupying the first two lines

are crossed out, and "whe-," the first syllable of whether, re-written

at the beginning of line 3. At the end of this title, interlined by

another hand, follow the words "_newly, overseer ... ignorants_;" but

these words are also struck through and re-written on the preceding

leaf, on which, written by the same hand by which the interlineation was

made (Garnet's, as it would seem), the title stands,--

"A Treatise _of_ against Lying and fraudulent Dissimulation.

Newly overseen by the Authour, and published for the defence of

Innocency and for the Instruction of Ignorants."

The "_of_", in Italics, is struck out. The MS. has other corrections

throughout in the same (Garnet's) hand; and was evidently prepared for

the press, as Blackwell's imprimatur implies.

Notes and Queries, Number 41, August 10, 1850 · 第 30 / 70 题