(Vol. ii., p. 168.).
As supplementary to J.B.'s valuable paper on the _Treatise of
Equivocation_, I transcribe the following from the _Smith Manuscripts_
(num. lxix. 5. p. 35.), thinking it may leave an interest for some of your
readers:--
"_Apud, D.P._ 13th of May, 1597.
_Gerard the Jesuite, his Defence of Æquivocation._
John Gerard, the Jesuite, being told that, upon the arraignment of
Sowthwell the priest of high treason, one of the witnesses being asked
upon her oath by one of the judges, in open court, whether Sowthwell
were ever in Bellamie's house, said that she had been perswaded by
Sowthwell to affirme upon her oath, that she did not see Sowthwell in
Bellamie's house and to keep this secret in her mind, of INTENT TO TELL
YOU, whereas in truth she had seen him diverse times in Bellamie's
house; and Sowthwell being charged therewith, openly confessed the
same, and sought to justifie the same by the place out of Jeremie, that
a man ought to swear _in judicio, justitiá, et veritate_. Now, this
John Gerrard, being asked what his opinion and judgment was concerning
Southwell's opinion above said, said that he was of the same opinion,
and seemed to justifie the same by the example of our Saviour Christ,
who said to His disciples, that _you shall go to Jerusalem, Ego autem
non ascendam_, keeping this secret to himself, of INTENT TO TELL YOU.
And also sayeth that our Saviour Christ said, that the Son of Man did
not know of the day of judgment, keeping this secret to himself, OF
INTENT TO TELL YOU; for he sayeth, that as he was Son of Man he knew
it, and could not be ignorant of any thing: and furder sayeth, that a
witness being examined, _juridicè_ and of temporal things, not
concerning religion or Catholics, cannot answer with such æquivocation
as is above said. And, forasmuch as this opinion and the defence
thereof seemed to be damnable and blasphemous, he was required to sett
down his own opinion therein, least he should be mistaken; but he
denied the same, not because it is untrue, but because he would not
publish it. Then being required to subscribe the same, denied the same
also.
RICHARD BARKLEY.
WILLIAM WAAD.
EDWARD COOK.
THOMAS FLEMING."
The reference "_Apud. D.P._," which stands as I have placed it above, may
perhaps enable some of your contributors to point out the source from which
this account is derived. The date at the top appears to have been added by
a later hand.