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Apologia pro Vita Sua
by John Henry Newman
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In another place he quotes Caramuel, so I suppose I may do so too, for the very reason that his theological reputation does not place him on the side of strictness. Concina says, "Caramuel himself, who bore away the palm from all others in relaxing the evangelical and natural law, says:

Caramuel

"I have an innate aversion to mental reservations. If they are contained within the bounds of piety and sincerity, then they are not necessary; ... but if [otherwise] they are the destruction of human society and sincerity, and are to be condemned as pestilent. Once admitted, they open the way to all lying, all perjury. And the whole difference in the matter is, that what yesterday was called a lie, changing, not its nature and malice, but its name, is today entitled 'mental reservation;' and this is to sweeten poison with sugar, and to colour guilt with the appearance of virtue."

St. Thomas

"When the sense of the party swearing, and of the party to whom he swears, is not the same, if this proceeds from the deceit of the former, the oath ought to be kept according to the right sense of the party to whom it is made. But if the party swearing does not make use of deceit, then he is bound according to his own sense."

St. Isidore

"With whatever artifice of words a man swears, nevertheless God who is the witness of his conscience, so takes the oath as he understands it, to whom it is sworn. And he becomes twice guilty, who both takes the name of God in vain, and deceives his neighbour."

St. Augustine

"I do not question that this is most justly laid down, that the promise of an oath must be fulfilled, not according to the words of the party taking it, but according to the expectation of the party to whom it is taken, of which he who takes it is aware."

And now, under the protection of these authorities, I say as follows:—

Casuistry is a noble science, but it is one to which I am led, neither by my abilities nor my turn of mind. Independently, then, of the difficulties of the subject, and the necessity, before forming an opinion, of knowing more of the arguments of theologians upon it than I do, I am very unwilling to say a word here on the subject of lying and equivocation. But I consider myself bound to speak; and therefore, in this strait, I can do nothing better, even for my own relief, than submit myself and what I shall say to the judgment of the Church, and to the consent, so far as in this matter there be a consent, of the Schola Theologorum.

Now, in the case of one of those special and rare exigencies or emergencies, which constitute the justa causa of dissembling or misleading, whether it be extreme as the defence of life, or a duty as the custody of a secret, or of a personal nature as to repel an impertinent inquirer, or a matter too trivial to provoke question, as in dealing with children or madmen, there seem to be four courses:

1. To say the thing that is not. Here I draw the reader's attention to the words material and formal. "Thou shalt not kill;" murder is the formal transgression of this commandment, but accidental homicide is the material transgression. The matter of the act is the same in both cases; but in the homicide, there is nothing more than the act, whereas in murder there must be the intention, etc. which constitutes the formal sin. So, again, an executioner commits the material act, but not that formal killing which is a breach of the commandment. So a man, who, simply to save himself from starving, takes a loaf which is not his own, commits only the material, not the formal act of stealing, that is, he does not commit a sin. And so a baptised Christian, external to the Church, who is in invincible ignorance, is a material heretic, and not a formal. And in like manner, if to say the thing which is not be in special cases lawful, it may be called a material lie.

The first mode then which has been suggested of meeting those special cases, in which to mislead by words has a sufficient object, or has a just cause, is by a material lie.

The second mode is by an aequivocatio, which is not equivalent to the English word "equivocation," but means sometimes a play upon words, sometimes an evasion.

2. A play upon words. St. Alfonso certainly says that a play upon words is allowable; and, speaking under correction, I should say that he does so on the ground that lying is not a sin against justice, that is, against our neighbour, but a sin against God; because words are the signs of ideas, and therefore if a word denotes two ideas, we are at liberty to use it in either of its senses: but I think I must be incorrect here in some respect, because the Catechism of the Council, as I have quoted it at p. 248, says, "Vanitate et mendacio fides ac veritas tolluntur, arctissima vincula societatis humanae; quibus sublatis, sequitur summa vitae confusio, ut homines nihil a daemonibus differre videantur."

3. Evasion;—when, for instance, the speaker diverts the attention of the hearer to another subject; suggests an irrelevant fact or makes a remark, which confuses him and gives him something to think about; throws dust into his eyes; states some truth, from which he is quite sure his hearer will draw an illogical and untrue conclusion, and the like. Bishop Butler seems distinctly to sanction such a proceeding, in a passage which I shall extract below.

The greatest school of evasion, I speak seriously, is the House of Commons; and necessarily so, from the nature of the case. And the hustings is another.

An instance is supplied in the history of St. Athanasius: he was in a boat on the Nile, flying persecution; and he found himself pursued. On this he ordered his men to turn his boat round, and ran right to meet the satellites of Julian. They asked him, Have you seen Athanasius? and he told his followers to answer, "Yes, he is close to you." They went on their course, and he ran into Alexandria, and there lay hid till the end of the persecution.

I gave another instance above, in reference to a doctrine of religion. The early Christians did their best to conceal their Creed on account of the misconceptions of the heathen about it. Were the question asked of them, "Do you worship a Trinity?" and did they answer, "We worship one God, and none else;" the inquirer might, or would, infer that they did not acknowledge the Trinity of Divine Persons.

It is very difficult to draw the line between these evasions, and what are commonly called in English equivocations; and of this difficulty, again, I think, the scenes in the House of Commons supply us with illustrations.

4. The fourth method is silence. For instance, not giving the whole truth in a court of law. If St. Alban, after dressing himself in the priest's clothes, and being taken before the persecutor, had been able to pass off for his friend, and so gone to martyrdom without being discovered; and had he in the course of examination answered all questions truly, but not given the whole truth, the most important truth, that he was the wrong person, he would have come very near to telling a lie, for a half-truth is often a falsehood. And his defence must have been the justa causa, viz. either that he might in charity or for religion's sake save a priest, or again that the judge had no right to interrogate him on the subject.

Now, of these four modes of misleading others by the tongue, when there is a justa causa (supposing there can be such)—a material lie, that is an untruth which is not a lie, an equivocation, an evasion, and silence,—First, I have no difficulty whatever in recognizing as allowable the method of silence.

Secondly, But, if I allow of silence, why not of the method of material lying, since half of a truth is often a lie? And, again, if all killing be not murder, nor all taking from another stealing, why must all untruths be lies? Now I will say freely that I think it difficult to answer this question, whether it be urged by St. Clement or by Milton; at the same time, I never have acted, and I think, when it came to the point, I never should act upon such a theory myself, except in one case, stated below. This I say for the benefit of those who speak hardly of Catholic theologians, on the ground that they admit text-books which allow of equivocation. They are asked, how can we trust you, when such are your views? but such views, as I already have said, need not have anything to do with their own practice, merely from the circumstance that they are contained in their text-books. A theologian draws out a system; he does it partly as a scientific speculation: but much more for the sake of others. He is lax for the sake of others, not of himself. His own standard of action is much higher than that which he imposes upon men in general. One special reason why religious men, after drawing out a theory, are unwilling to act upon it themselves, is this: that they practically acknowledge a broad distinction between their reason and their conscience; and that they feel the latter to be the safer guide, though the former may be the clearer, nay even though it be the truer. They would rather be wrong with their conscience, than right with their reason. And again here is this more tangible difficulty in the case of exceptions to the rule of veracity, that so very little external help is given us in drawing the line, as to when untruths are allowable and when not; whereas that sort of killing which is not murder, is most definitely marked off by legal enactments, so that it cannot possibly be mistaken for such killing as is murder. On the other hand the cases of exemption from the rule of Veracity are left to the private judgment of the individual, and he may easily be led on from acts which are allowable to acts which are not. Now this remark does not apply to such acts as are related in Scripture, as being done by a particular inspiration, for in such cases there is a command. If I had my own way, I would oblige society, that is, its great men, its lawyers, its divines, its literature, publicly to acknowledge, as such, those instances of untruth which are not lies, as for instance, untruths in war; and then there could be no danger in them to the individual Catholic, for he would be acting under a rule.

Thirdly, as to playing upon words, or equivocation, I suppose it is from the English habit, but, without meaning any disrespect to a great Saint, or wishing to set myself up, or taking my conscience for more than it is worth, I can only say as a fact, that I admit it as little as the rest of my countrymen: and, without any reference to the right and the wrong of the matter, of this I am sure, that, if there is one thing more than another which prejudices Englishmen against the Catholic Church, it is the doctrine of great authorities on the subject of equivocation. For myself, I can fancy myself thinking it was allowable in extreme cases for me to lie, but never to equivocate. Luther said, "Pecca fortiter." I anathematise the formal sentiment, but there is a truth in it, when spoken of material acts.

Fourthly, I think evasion, as I have described it, to be perfectly allowable; indeed, I do not know, who does not use it, under circumstances; but that a good deal of moral danger is attached to its use; and that, the cleverer a man is, the more likely he is to pass the line of Christian duty.

But it may be said, that such decisions do not meet the particular difficulties for which provision is required; let us then take some instances.

1. I do not think it right to tell lies to children, even on this account, that they are sharper than we think them, and will soon find out what we are doing; and our example will be a very bad training for them. And so of equivocation: it is easy of imitation, and we ourselves shall be sure to get the worst of it in the end.

2. If an early Father defends the patriarch Jacob in his mode of gaining his father's blessing, on the ground that the blessing was divinely pledged to him already, that it was his, and that his father and brother were acting at once against his own rights and the divine will, it does not follow from this that such conduct is a pattern to us, who have no supernatural means of determining when an untruth becomes a material and not a formal lie. It seems to me very dangerous, be it allowable or not, to lie or equivocate in order to preserve some great temporal or spiritual benefit, nor does St. Alfonso here say anything to the contrary, for he is not discussing the question of danger or expedience.

3. As to Johnson's case of a murderer asking you which way a man had gone, I should have anticipated that, had such a difficulty happened to him, his first act would have been to knock the man down, and to call out for the police; and next, if he was worsted in the conflict, he would not have given the ruffian the information he asked, at whatever risk to himself. I think he would have let himself be killed first. I do not think that he would have told a lie.

4. A secret is a more difficult case. Supposing something has been confided to me in the strictest secrecy, which could not be revealed without great disadvantage to another, what am I to do? If I am a lawyer, I am protected by my profession. I have a right to treat with extreme indignation any question which trenches on the inviolability of my position; but, supposing I was driven up into a corner, I think I should have a right to say an untruth, or that, under such circumstances, a lie would be material, but it is almost an impossible case, for the law would defend me. In like manner, as a priest, I should think it lawful to speak as if I knew nothing of what passed in confession. And I think in these cases, I do in fact possess that guarantee, that I am not going by private judgment, which just now I demanded; for society would bear me out, whether as a lawyer or as a priest, that I had a duty to my client or penitent, such, that an untruth in the matter was not a lie. A common type of this permissible denial, be it material lie or evasion, is at the moment supplied to me: an artist asked a Prime Minister, who was sitting to him, "What news, my Lord, from France?" He answered, "I do not know; I have not read the Papers."

5. A more difficult question is, when to accept confidence has not been a duty. Supposing a man wishes to keep the secret that he is the author of a book, and he is plainly asked on the subject. Here I should ask the previous question, whether any one has a right to publish what he dare not avow. It requires to have traced the bearings and results of such a principle, before being sure of it; but certainly, for myself, I am no friend of strictly anonymous writing. Next, supposing another has confided to you the secret of his authorship: there are persons who would have no scruple at all in giving a denial to impertinent questions asked them on the subject. I have heard a great man in his day at Oxford, warmly contend, as if he could not enter into any other view of the matter, that, if he had been trusted by a friend with the secret of his being author of a certain book, and he were asked by a third person, if his friend was not (as he really was) the author of it, he ought without any scruple and distinctly to answer that he did not know. He had an existing duty towards the author; he had none towards his inquirer. The author had a claim on him; an impertinent questioner had none at all. But here again I desiderate some leave, recognised by society, as in the case of the formulas "Not at home," and "Not guilty," in order to give me the right of saying what is a material untruth. And moreover, I should here also ask the previous question, Have I any right to accept such a confidence? have I any right to make such a promise? and, if it be an unlawful promise, is it binding at the expense of a lie? I am not attempting to solve these difficult questions, but they have to be carefully examined.

As I put into print some weeks ago various extracts from authors relating to the subject which I have been considering, I conclude by inserting them here, though they will not have a very methodical appearance.

For instance, St. Dorotheus: "Sometimes the necessity of some matter urges (incumbit), which, unless you somewhat conceal and dissemble it, will turn into a greater trouble." And he goes on to mention the case of saving a man who has committed homicide from his pursuers: and he adds that it is not a thing that can be done often, but once in a long time.

St. Clement in like manner speaks of it only as a necessity, and as a necessary medicine.

Origen, after saying that God's commandment makes it a plain duty to speak the truth, adds, that a man, "when necessity urges," may avail himself of a lie, as medicine, that is, to the extent of Judith's conduct towards Holofernes; and he adds that that necessity may be the obtaining of a great good, as Jacob hindered his father from giving the blessing to Esau against the will of God.

Cassian says, that the use of a lie, in order to be allowable, must be like the use of hellebore, which is itself poison, unless a man has a fatal disease on him. He adds, "Without the condition of an extreme necessity, it is a present ruin."

St. John Chrysostom defends Jacob on the ground that his deceiving his father was not done for the sake of temporal gain, but in order to fulfil the providential purpose of God; and he says, that, as Abraham was not a murderer, though he was minded to kill his son, so an untruth need not be a lie. And he adds, that often such a deceit is the greatest possible benefit to the man who is deceived, and therefore allowable. Also St. Hilary, St. John Climacus, etc., in Thomassin, Concina, the Melanges, etc.

Various modern Catholic divines hold this doctrine of the "material lie" also. I will quote three passages in point.

Cataneo: "Be it then well understood, that the obligation to veracity, that is, of conforming our words to the sentiments of our mind, is founded principally upon the necessity of human intercourse, for which reason they (i.e. words) ought not and cannot be lawfully opposed to this end, so just, so necessary, and so important, without which, the world would become a Babylon of confusion. And this would in a great measure be really the result, as often as a man should be unable to defend secrets of high importance, and other evils would follow, even worse than confusion, in their nature destructive of this very intercourse between man and man for which speech was instituted. Every body must see the advantage a hired assassin would have, if supposing he did not know by sight the person he was commissioned to kill, I being asked by the rascal at the moment he was standing in doubt with his gun cocked, were obliged to approve of his deed by keeping silence, or to hesitate, or lastly to answer 'Yes, that is the man.' [Then follow other similar cases.] In such and similar cases, in which your sincerity is unjustly assailed, when no other way more prompt or more efficacious presents itself, and when it is not enough to say, 'I do not know,' let such persons be met openly with a downright resolute 'No' without thinking upon anything else. For such a 'No' is conformable to the universal opinion of men, who are the judges of words, and who certainly have not placed upon them obligations to the injury of the Human Republic, nor ever entered into a compact to use them in behalf of rascals, spies, incendiaries, and thieves. I repeat that such a 'No' is conformable to the universal mind of man, and with this mind your own mind ought to be in union and alliance. Who does not see the manifest advantage which highway robbers would derive, were travellers when asked if they had gold, jewels, etc., obliged either to invent tergiversations or to answer 'Yes, we have?' Accordingly in such circumstances that 'No' which you utter [see Card. Pallav. lib. iii. c. xi. n. 23, de Fide, Spe, etc.] remains deprived of its proper meaning, and is like a piece of coin, from which by the command of the government the current value has been withdrawn, so that by using it you become in no sense guilty of lying."

Bolgeni says, "We have therefore proved satisfactorily, and with more than moral certainty, that an exception occurs to the general law of not speaking untruly, viz. when it is impossible to observe a certain other precept, more important, without telling a lie. Some persons indeed say, that in the cases of impossibility which are above drawn out, what is said is not a lie. But a man who thus speaks confuses ideas and denies the essential characters of things. What is a lie? It is 'locutio contra mentem;' this is its common definition. But in the cases of impossibility, a man speaks contra mentem; that is clear and evident. Therefore he tells a lie. Let us distinguish between the lie and the sin. In the above cases, the man really tells a lie, but this lie is not a sin, by reason of the existing impossibility. To say that in those cases no one has a right to ask, that the words have a meaning according to the common consent of men, and the like, as is said by certain authors in order in those cases to exempt the lie from sin, this is to commit oneself to frivolous excuses, and to subject oneself to a number of retorts, when there is the plain reason of the above-mentioned fact of impossibility."

And the Author in the Melanges Theologiques: "We have then gained this truth, and it is a conclusion of which we have not the smallest doubt, that if the intention of deceiving our neighbour is essential to a lie, it is allowable in certain cases to say what we know to be false, as, e.g. to escape from a great danger....

"But, let no one be alarmed, it is never allowable to lie; in this we are in perfect agreement with the whole body of theologians. The only point in which we differ from them is in what we mean by a lie. They call that a lie which is not such in our view, or rather, if you will, what in our view is only a material lie they account to be both formal and material."

Now to come to Anglican authorities.

Taylor: "Whether it can in any case be lawful to tell a lie? To this I answer, that the holy Scriptures of the Old and New Testament do indefinitely and severely forbid lying. Prov. xiii. 5; xxx. 8. Ps. v. 6. John viii. 44. Col. iii. 9. Rev. xxi. 8, 27. Beyond these things, nothing can be said in condemnation of lying.

"But then lying is to be understood to be something said or written to the hurt of our neighbour, which cannot be understood otherwise than to differ from the mind of him that speaks. 'A lie is petulantly or from a desire of hurting, to say one thing, or to signify it by gesture, and to think another thing;'[6] so Melancthon, 'To lie is to deceive our neighbour to his hurt.' For in this sense a lie is naturally or intrinsically evil; that is, to speak a lie to our neighbour is naturally evil ... not because it is different from an eternal truth.... A lie is an injury to our neighbour.... There is in mankind a universal contract implied in all their intercourses.... In justice we are bound to speak, so as that our neighbour do not lose his right, which by our speaking we give him to the truth, that is, in our heart. And of a lie, thus defined, which is injurious to our neighbour, so long as his right to truth remains, it is that St. Austin affirms it to be simply unlawful, and that it can in no case be permitted, nisi forte regulas quasdam daturus es.... If a lie be unjust, it can never become lawful; but, if it can be separate from injustice, then it may be innocent. Here then I consider

"This right, though it be regularly and commonly belonging to all men, yet it may be taken away by a superior right intervening; or it may be lost, or it may be hindered, or it may cease, upon a greater reason.

"Therefore upon this account it was lawful for the children of Israel to borrow jewels of the Egyptians, which supposes a promise of restitution, though they intended not to pry them back again. God gave commandment so to spoil them, and the Egyptians were divested of their rights, and were to be used like enemies.

"It is lawful to tell a lie to children or to madmen; because they, having no powers of judging, have no right to truth; but then, the lie must be charitable and useful.... If a lie be told, it must be such as is for their good ... and so do physicians to their patients.... This and the like were so usual, so permitted to physicians, that it grew to a proverb, 'You lie like a doctor;'[7] which yet was always to be understood in the way of charity, and with honour to the profession.... To tell a lie for charity, to save a man's life, the life of a friend, of a husband, of a prince, of a useful and a public person, hath not only been done at all times, but commended by great and wise and good men.... Who would not save his father's life ... at the charge of a harmless lie, from the rage of persecutors or tyrants? ...When the telling of a truth will certainly be the cause of evil to a man, though he have right to truth, yet it must not be given to him to his harm.... Every truth is no more justice, than every restitution of a straw to the right owner is a duty. 'Be not over-righteous,' says Solomon.... If it be objected, that we must not tell a lie for God, therefore much less for our brother, I answer, that it does not follow; for God needs not a lie, but our brother does.... Deceiving the enemy by the stratagem of actions or words, is not properly lying; for this supposes a conversation, of law or peace, trust or promise explicit or implicit. A lie is a deceiving of a trust or confidence."—Taylor, vol. xiii. pp. 351-371, ed. Heber.

It is clear that Taylor thought that veracity was one branch of justice; a social virtue; under the second table of the law, not under the first; only binding, when those to whom we speak have a claim of justice upon us, which ordinarily all men have. Accordingly, in cases where a neighbour has no claim of justice upon us, there is no opportunity of exercising veracity, as, for instance, when he is mad, or is deceived by us for his own advantage. And hence, in such cases, a lie is not really a lie, as he says in one place, "Deceiving the enemy is not properly lying." Here he seems to make that distinction common to Catholics; viz. between what they call a material act and a formal act. Thus Taylor would maintain, that to say the thing that is not to a madman, has the matter of a lie, but the man who says it as little tells a formal lie, as the judge, sheriff, or executioner murders the man whom he certainly kills by forms of law.

Other English authors take precisely the same view, viz. that veracity is a kind of justice—that our neighbour generally has a right to have the truth told him; but that he may forfeit that right, or lose it for the time, and then to say the thing that is not to him is no sin against veracity, that is, no lie. Thus Milton says, "Veracity is a virtue, by which we speak true things to him to whom it is equitable, and concerning what things it is suitable for the good of our neighbour.... All dissimulation is not wrong, for it is not necessary for us always openly to bring out the truth; that only is blamed which is malicious.... I do not see why that cannot be said of lying which can be said of homicide and other matters, which are not weighed so much by the deed as by the object and end of acting. What man in his senses will deny that there are those whom we have the best of grounds for considering that we ought to deceive—as boys, madmen, the sick, the intoxicated, enemies, men in error, thieves? ...Is it a point of conscience not to deceive them? ... I would ask, by which of the commandments is a lie forbidden? You will say, by the ninth. Come, read it out, and you will agree with me. For whatever is here forbidden comes under the head of injuring one's neighbour. If then any lie does not injure one's neighbour, certainly it is not forbidden by this commandment. It is on this ground that, by the judgment of theologians, we shall acquit so many holy men of lying. Abraham, who said to his servants that he would return with his son; ... the wise man understood that it did not matter to his servants to know [that his son would not return], and that it was at the moment expedient for himself that they should not know.... Joseph would be a man of many lies if the common definition of lying held; [also] Moses, Rahab, Ehud, Jael, Jonathan." Here again veracity is due only on the score of justice towards the person whom we speak with; and, if he has no claim upon us to speak the truth, we need not speak the truth to him.

And so, again, Paley: "A lie is a breach of promise; for whoever seriously addresses his discourse to another tacitly promises to speak the truth, because he knows that the truth is expected. Or the obligation of veracity may be made out from the direct ill consequences of lying to social happiness.... There are falsehoods which are not lies; that is, which are not criminal." (Here, let it be observed, is the same distinction as in Taylor between material and formal untruths.) "1. When no one is deceived.... 2. When the person to whom you speak has no right to know the truth, or, more properly, when little or no inconveniency results from the want of confidence in such cases, as where you tell a falsehood to a madman for his own advantage; to a robber, to conceal your property; to an assassin, to defeat or divert him from his purpose.... It is upon this principle that, by the laws of war, it is allowable to deceive an enemy by feints, false colours, spies, false intelligence.... Many people indulge, in serious discourse, a habit of fiction or exaggeration.... So long as ... their narratives, though false, are inoffensive, it may seem a superstitious regard to truth to censure them merely for truth's sake." Then he goes on to mention reasons against such a practice, adding, "I have seldom known any one who deserted truth in trifles that could be trusted in matters of importance."—Works, vol. iv. p. 123.

Dr. Johnson, who, if any one, has the reputation of being a sturdy moralist, thus speaks:

"We talked," says Boswell, "of the casuistical question—whether it was allowable at any time to depart from truth." Johnson. "The general rule is, that truth should never be violated; because it is of the utmost importance to the comfort of life, that we should have a full security by mutual faith; and occasional inconveniences should be willingly suffered, that we may preserve it. There must, however, be some exceptions. If, for instance, a murderer should ask you which way a man is gone, you may tell him what is not true, because you are under a previous obligation not to betray a man to a murderer." Boswell. "Supposing the person who wrote Junius were asked whether he was the author, might he deny it?" Johnson. "I don't know what to say to this. If you were sure that he wrote Junius, would you, if he denied it, think as well of him afterwards? Yet it may be urged, that what a man has no right to ask, you may refuse to communicate; and there is no other effectual mode of preserving a secret, and an important secret, the discovery of which may be very hurtful to you, but a flat denial; for if you are silent, or hesitate, or evade, it will be held equivalent to a confession. But stay, sir; here is another case. Supposing the author had told me confidentially that he had written Junius, and I were asked if he had, I should hold myself at liberty to deny it, as being under a previous promise, express or implied, to conceal it. Now what I ought to do for the author, may I not do for myself? But I deny the lawfulness of telling a lie to a sick man for fear of alarming him. You have no business with consequences; you are to tell the truth. Besides, you are not sure what effect your telling him that he is in danger may have; it may bring his distemper to a crisis, and that may cure him. Of all lying I have the greatest abhorrence of this, because I believe it has been frequently practised on myself."—Boswell's Life, vol. iv. p. 277.

There are English authors who allow of mental reservation and equivocation; such is Jeremy Taylor.

He says, "In the same cases in which it is lawful to tell a lie, in the same cases it is lawful to use a mental reservation."—Ibid. p. 374.

He says, too, "When the things are true in several senses, the not explicating in what sense I mean the words is not a criminal reservation.... But 1, this liberty is not to be used by inferiors, but by superiors only; 2, not by those that are interrogated, but by them which speak voluntarily; 3, not by those which speak of duty, but which speak of grace and kindness."—Ibid. p. 378.

Bishop Butler, the first of Anglican authorities, writing in his grave and abstract way, seems to assert a similar doctrine in the following passage:

"Though veracity, as well as justice, is to be our rule of life, it must be added, otherwise a snare will be laid in the way of some plain men, that the use of common forms of speech generally understood, cannot be falsehood; and, in general, that there can be no designed falsehood without designing to deceive. It must likewise be observed, that, in numberless cases, a man may be under the strictest obligations to what he foresees will deceive, without his intending it. For it is impossible not to foresee, that the words and actions of men in different ranks and employments, and of different educations, will perpetually be mistaken by each other; and it cannot but be so, whilst they will judge with the utmost carelessness, as they daily do, of what they are not perhaps enough informed to be competent judges of, even though they considered it with great attention."—Nature of Virtue, fin. These last words seem in a measure to answer to the words in Scavini, that an equivocation is permissible, because "then we do not deceive our neighbour, but allow him to deceive himself." In thus speaking, I have not the slightest intention of saying anything disrespectful to Bishop Butler; and still less of course to St. Alfonso.

And a third author, for whom I have a great respect, as different from the above two as they are from each other, bears testimony to the same effect in his "Comment on Scripture," Thomas Scott. He maintains indeed that Ehud and Jael were divinely directed in what they did; but they could have no divine direction for what was in itself wrong.

Thus on Judges iii. 15-21:

"'And Ehud said, I have a secret errand unto thee, O king; I have a message from God unto thee, and Ehud thrust the dagger into his belly.' Ehud, indeed," says Scott, "had a secret errand, a message from God unto him; but it was of a far different nature than Eglon expected."

And again on Judges iv. 18-21:

"'And Jael said, Turn in, my lord, fear not. And he said to her, When any man doth inquire, Is there any man here? thou shalt say, No. Then Jael took a nail, and smote the nail into his temple.' Jael," says Scott, "is not said to have promised Sisera that she would deny his being there; she would give him shelter and refreshment, but not utter a falsehood to oblige him."

Footnotes

[6] "Mendacium est petulanter, aut cupiditate nocendi, aliud loqui, seu gestu significare, et aliud sentire."

[7] Mentiris ut medicus.



POSTSCRIPTUM

June 4, 1864

While I was engaged with these concluding pages, I received another of those special encouragements, which from several quarters have been bestowed upon me, since my controversy began. It was the extraordinary honour done me of an address from the clergy of this large diocese, who had been assembled for the Synod.

It was followed two days afterwards by a most gracious testimonial from my Bishop, Dr. Ullathorne, in the shape of a letter which he wrote to me, and also inserted in the Birmingham papers. With his leave I transfer it to my own volume, as a very precious document, completing and recompensing, in a way most grateful to my feelings, the anxious work which has occupied me so fully for nearly ten weeks.

"Bishop's House, June 2, 1864.

"My dear Dr. Newman,—It was with warm gratification that, after the close of the Synod yesterday, I listened to the Address presented to you by the clergy of the diocese, and to your impressive reply. But I should have been little satisfied with the part of the silent listener, except on the understanding with myself that I also might afterwards express to you my own sentiments in my own way.

"We have now been personally acquainted, and much more than acquainted, for nineteen years, during more than sixteen of which we have stood in special relation of duty towards each other. This has been one of the singular blessings which God has given me amongst the cares of the Episcopal office. What my feelings of respect, of confidence, and of affection have been towards you, you know well, nor should I think of expressing them in words. But there is one thing that has struck me in this day of explanations, which you could not, and would not, be disposed to do, and which no one could do so properly or so authentically as I could, and which it seems to me is not altogether uncalled for, if every kind of erroneous impression that some persons have entertained with no better evidence than conjecture is to be removed.

"It is difficult to comprehend how, in the face of facts, the notion should ever have arisen that, during your Catholic life, you have been more occupied with your own thoughts than with the service of religion and the work of the Church. If we take no other work into consideration beyond the written productions which your Catholic pen has given to the world, they are enough for the life's labour of another. There are the Lectures on Anglican Difficulties, the Lectures on Catholicism in England, the great work on the Scope and End of University Education, that on the Office and Work of Universities, the Lectures and Essays on University Subjects, and the two Volumes of Sermons; not to speak of your contributions to the Atlantis, which you founded, and to other periodicals; then there are those beautiful offerings to Catholic literature, the Lectures on the Turks, Loss and Gain, and Callista, and though last, not least, the Apologia, which is destined to put many idle rumours to rest, and many unprofitable surmises; and yet all these productions represent but a portion of your labour, and that in the second half of your period of public life.

"These works have been written in the midst of labour and cares of another kind, and of which the world knows very little. I will specify four of these undertakings, each of a distinct character, and any one of which would have made a reputation for untiring energy in the practical order.

"The first of these undertakings was the establishment of the congregation of the Oratory of St. Philip Neri—that great ornament and accession to the force of English Catholicity. Both the London and the Birmingham Oratory must look to you as their founder and as the originator of their characteristic excellences; whilst that of Birmingham has never known any other presidency.

"No sooner was this work fairly on foot than you were called by the highest authority to commence another, and one of yet greater magnitude and difficulty, the founding of a University in Ireland. After the Universities had been lost to the Catholics of these kingdoms for three centuries, everything had to be begun from the beginning: the idea of such an institution to be inculcated, the plan to be formed that would work, the resources to be gathered, and the staff of superiors and professors to be brought together. Your name was then the chief point of attraction which brought these elements together. You alone know what difficulties you had to conciliate and what to surmount, before the work reached that state of consistency and promise, which enabled you to return to those responsibilities in England which you had never laid aside or suspended. And here, excuse me if I give expression to a fancy which passed through my mind.

"I was lately reading a poem, not long published, from the MSS. De Rerum Natura, by Neckham, the foster-brother of Richard the Lion-hearted. He quotes an old prophecy, attributed to Merlin, and with a sort of wonder, as if recollecting that England owed so much of its literary learning to that country; and the prophecy says that after long years Oxford will pass into Ireland—'Vada boum suo tempore transibunt in Hiberniam.' When I read this, I could not but indulge the pleasant fancy that in the days when the Dublin University shall arise in material splendour, an allusion to this prophecy might form a poetic element in the inscription on the pedestal of the statue which commemorates its first Rector.

"The original plan of an oratory did not contemplate any parochial work, but you could not contemplate so many souls in want of pastors without being prompt and ready at the beck of authority to strain all your efforts in coming to their help. And this brings me to the third and the most continuous of those labours to which I have alluded. The mission in Alcester Street, its church and schools, were the first work of the Birmingham Oratory. After several years of close and hard work, and a considerable call upon the private resources of the Fathers who had established this congregation, it was delivered over to other hands, and the Fathers removed to the district of Edgbaston, where up to that time nothing Catholic had appeared. Then arose under your direction the large convent of the Oratory, the church expanded by degrees into its present capaciousness, a numerous congregation has gathered and grown in it; poor schools and other pious institutions have grown up in connection with it, and, moreover, equally at your expense and that of your brethren, and, as I have reason to know, at much inconvenience, the Oratory has relieved the other clergy of Birmingham all this while by constantly doing the duty in the poor-house and gaol of Birmingham.

"More recently still, the mission and the poor school at Smethwick owe their existence to the Oratory. And all this while the founder and father of these religious works has added to his other solicitudes the toil of frequent preaching, of attendance in the confessional, and other parochial duties.

"I have read on this day of its publication the seventh part of the Apologia, and the touching allusion in it to the devotedness of the Catholic clergy to the poor in seasons of pestilence reminds me that when the cholera raged so dreadfully at Bilston, and the two priests of the town were no longer equal to the number of cases to which they were hurried day and night, I asked you to lend me two fathers to supply the place of other priests whom I wished to send as a further aid. But you and Father St. John preferred to take the place of danger which I had destined for others, and remained at Bilston till the worst was over.

"The fourth work which I would notice is one more widely known. I refer to the school for the education of the higher classes, which at the solicitation of many friends you have founded and attached to the Oratory. Surely after reading this bare enumeration of work done, no man will venture to say that Dr. Newman is leading a comparatively inactive life in the service of the Church.

"To spare, my dear Dr. Newman, any further pressure on those feelings with which I have already taken so large a liberty, I will only add one word more for my own satisfaction. During our long intercourse there is only one subject on which, after the first experience, I have measured my words with some caution, and that has been where questions bearing on ecclesiastical duty have arisen. I found some little caution necessary, because you were always so prompt and ready to go even beyond the slightest intimation of my wish or desires.

"That God may bless you with health, life, and all the spiritual good which you desire, you and your brethren of the Oratory, is the earnest prayer now and often of, my dear Dr. Newman, your affectionate friend and faithful servant in Christ,

"+ W. B. ULLATHORNE."

THE END

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