Biathanatos

Biathanatos a declaration of that paradoxe or thesis, that selfe-homicide is not so naturally sinne, that it may never be otherwise : wherein the nature and the extent of all those lawes, which seeme to be violated by this act, are diligently surveyed / written by Iohn Donne ...
Donne, John, 1572-1631.
1644
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Biathanatos a declaration of that paradoxe or thesis, that selfe-homicide is not so naturally sinne, that it may never be otherwise : wherein the nature and the extent of all those lawes, which seeme to be violated by this act, are diligently surveyed / written by Iohn Donne ...
Donne, John, 1572-1631.
Donne, John, 1604-1662.
[18], 218 [i.e. 220] p.
Printed by John Dawson,
London :
[1644]
Title transliterated from Greek.
The dedicatory epistle signed: Io. Donne.
Edited by the author's son, John Donne.
"Published by authoritie"
Date of publication from Wing.
Marginal notes.
Reproduction of original in Cambridge University Library.
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Suicide -- Religious aspects -- Early works to 1800.
Suicide -- Early works to 1800.
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ΒΙΑΘΑΝΑΤΟΣ. A DECLARATION OF THAT PARADOXE, OR THESIS, that Selfe-homicide is not so Naturally Sinne, that it may never be otherwise. WHEREIN The Nature, and the extent of all those Lawes, which seeme to be violated by this Act, are diligently surveyed. Written by IOHN DONNE, who afterwards received Orders from the Church of England, and dyed Deane of Saint Pauls, London.
Jo: Saresb. de nugis Curial. Prolog.
Non omnia vera esse profiteor. Sed legentium usibus inservire.
Published by Authoritie.
LONDON, Printed by John Dawson,
TO THE Right Honourable THE LORD PHILLIP HARBERT.
My Lord,
ALthough I have not exactly obeyed your commands, yet, I hope, I have exceeded them, by presenting to your Honor, this Treatise,
which is, so much the better, by being none of mine owne, and may therefore peradventure, deserve to live, for facilitating the Issues of Death.
It was writ
•…
long since, by my Father, and by him, forbid both the Presse, and the Fire; neither had I subjected it now, to the publique view, but that, I could finde no certaine way to defend it from the one, but by committing it to the other; For, since the beginning of this War, my Study having been often searched, all my Books (and al-most my braines, by their continuall allarums) sequestred, for the use of the Committee; two dangers
appeared more eminently to hover over this, being then a Manuscript; a danger of being utterly lost, and a danger of being utterly found; and fathered, by some of those wild Atheists, who, as if they came into the World by conquest, owne all other mens Wits, and are resolved to be learned, in despite of their Starres, that would fairely have enclined them, to a more modest, and honest course of life.
Your Lordships Protection will defend this Innocent from these-two Monsters, Men that cannot write, and Men that cannot reade, and, I am very confi dent, all those that can, will think
it may deserve this favour from your Lordship; For, although this Booke appeare under the notion of a Paradox, yet, I desire your Lordship, to looke upon this Doctrine, as a firme and established truth,Da vida osar morir.
Your Lordships most humble Servant Io: DONNE.
From my house in Cov
•…
nt-Garden. 2
•…
.
Authors cited in this Booke.
BEza.
B. Dorothaeus.
Bosquierus.
Athenagoras.
Causaeus.
Trismegistus.
Theodoricus A. Niem.
Steuchius Engubi.
Ennodius.
Pererius
Zamb
•…
us
Alcoran
Corpus Iur: Canon.
Carbo, Summa Summarum
Polidorus Virgilius
Matalius Metellus, Praefat. in Osor. Histor.
Pierius
S. Ambrosius
Cardanus
Tholosa: Syntagm.
S. Cyprianus
Haedri: Junius
Emanu
•…
Sâ
Nicephorus
S. Gregorius
Vasques
Clarus Bonars
•…
ius
Corpus Iur: Civil.
Binnius
Bracton
Plowden
A: Gellius
Tertullian
Climacbus
Basil
Filesacus
Campianus
S. Hieronimus
Ben: Gorion
Plinius
Paleotus de Noth.
Canones Poenitenti:
Clemens Alex:
Sotus
Bodin
Sylvius
Middendorpius
Lucidus
Arpilcueta
Fabricius Hist: Ci
•…
ro.
Windeckus
Lipsius
Porphyrius
Damasus
Feuardentius
Eusebius
Vincentii Speculum
Prateolus
Diodorus Siculus
Tho: Morus
Anto: Augustin.
P. Manutius
Sebast: Medices
Scotus
Calvinus
Forestus de Venen.
Serarius
Biblia Sacra
Humfredus Angl.
Mallonius in Paleotti Sindon.
S. Chrysostomus
Pontius Paulinus
Aquinas
Azorius
Sayr
Elianus
Cajetanus
S. Augustinus
Artemidorus
I. Caesar
Josephus
Vegetius
Acacius
Jo: Picus
He
•…
nius
Latinus Pacatus
Platina
Baronius
Ignatius
Alfon: Castro
Schultingius
Plato
Simancha
Alb. Gentilis
Pruckmannus
P. Pomponatius
Buxdorfius
Anto: de Corduba
Thyraeus
Lavater
Nauclerus
Quintilianus
Toletus
Sulpitius
Adrianus Quodlib.
Beccaria
Vita Phil: Nerii
Maldonatus
Bonaventura
Gregor: Nazianz.
Canones Apostolorum
Lucas de Penna
Optinellus
Laertius
Binsfeldius
Pedraça
Sextus Senensis
Par acelsus
Metaphrastes.
Surius
Gregor: de Valentia
Brentius
Th
•…
phtlact
Hesic ius
Marloratus
Schlusselburgius
Agapetus
Reuchlin
Martialis ad Tholo:
Saravia
Sylvester
Liber Coformitatum S. Franc. et Christi.
Cassianus
Procop. Gazaeus
Ardoinus
Greg. Turon
Supplem. Chronic.
Nazarius Paneg.
Menghi
Ioan de Lapide
Hippocrates
Bellarminus
Revelation. Brigidae
Regul. Iesuit.
Franc. Gregorius
Oecumenius
Origenes
Alcuinus
Corn Celsus
Id
•…
ota Contemplatio de morte
Baldus
Aristoteles
Stanford
Bartolus
P. Martyr
Declaration des Doctes en France
Sedulius Minorita
Io Gerson
Lylius Geraldus
Mariana
Sansovinus
Lambert
Fra. a Victoria
Wierus
Keeplerus
Lyra
B
•…
rgensis
P. Lombard
Sophronius
Schultetus
Euthymius
Paterculus
Cassanaeus
IN citing these authors, for those which I produce only for ornament and illustration, I have
〈◊〉
my owne old notes; which though I have no reason to suspect, yet I confess here my lazines; and that I did not refresh them with going to the Originall. Of those few which I have not seene in the bookes themselves, (for there are some such, even of places cited for greatest strength,) besides the integrity of my purpose, I have this safe defence against any quarreller, that what place soever I cite from any Catholique Author, if I have not considered the Book it selfe, I cite him from another Catholique Writer. And the like course I hold in the Reformers. So that I shall hardly be condemned of any false citation, except to make me Accessorie, they pronounce one of their owne friends principall.
A distribution of this Book, into Parts, Distinctions, and Sections.
Preface.
1 THe Reason of this Discourse.
2 Incitements to charity towards those which doe it.
3 Incitements to Charity towards the Author.
4 Why it is not inconvenient now to handle this.
5 Dessentious among schollars more, and harder to end then among others.
6 In such perplexities we ought to incline to that side which favours the dead.
7 Why I make it so publique.
8 What reader I desire to have.
9 The reasons why there are so many citations.
10 God punisheth that sin most, which occasions most sin in others.
The first part,
first Distinction,
first Section.
1 Why we first prove, that this sin is not irremissible.
Sect. 2.
1 Three sorts of mistakers of this sin.
Sect. 3
1 That all desperation is not haynous; and that Self-homicide doth not alwaies proc
•…
ed from desperation.
2 It may be without Infid
•…
lity.
3 When it is poena peccati it is involuntarium.
4 The reason why men ordinarily aggravate desperation
5 Of the second opinion, which is of impenitiblenes.
6 Of Calvins opinion, that it may be.
7 None impeccable, nor impenitible.
Sect. 4.
1 Of the third sort, which presume actuall impenitence by reason of this Act.
2 Which is the safer side in doubtfull cases.
3 In Articulo Mortis, the Church ever interprets favourably.
4 What true repentance is by Clement.
5 Witnesses which acquit, more credited, then they which accuse, in the Cannon Law.
Sect. 5.
1 Why we wayve the Ordinary definition of Sin taken from Saint Augustine, and follow another taken from Aquinas.
2 Of the torturing practice of Casuists.
3 Of the eternall Law of God, in Saint Augustines Definition, against which a man may doe without sinne.
4 Of the Definition which we follow.
Sect. 6.
1 How Law of Nature, and of reason, and of God exhibited in this definition, are all one; and how diversly accepted.
2 In some cases all these three Lawes may be broken at once. As
3 In revealing a secret.
4 In Parricide.
Sect. 7
1 Of the Law of Nature, and that against it strictly taken, either no sinne, or all sinne is done.
2 To doe against Nature makes us not guilty of a greater sinne, but more inexcusable.
3 No action so evill, that it is never good.
4 No evill in act, but disobedience.
5 Lying naturally worse then Selfe-homicide.
6 Fame may be neglected: yet we are as much bound to preserve fame, as life.
7 God cannot command a sinne, yet he can command a murther.
8 Orginall sin, cause of all sin, is from nature.
Sect. 8.
1 That if our Adversaries by Law of nature mean only sensitive Nature, they say nothing, for so most vertuous actions are against nature.
Sect. 9.
1 As the Law of nature is recta ratio, that is, Jus gentium. So immolation, and Idolatry are not against law of Nature.
Sect. 10.
1 As reason is the form, and so the nature of a man, every sinne is against nature: yea, what soever agrees not exactly with Christian Religion.
2 Vertue produced to Act, differs so from Reason, as a medicine made and applyed, from a boxe of drugs.
Dist. 2.
Sect. 1.
1 Sinnes against Nature in a particular sense, are by schoolmen said to be unnatural Lusts, and This. But in Scripture only the first is so called.
2 Of the example of the Levite in the Iudges, where the Vulgate Edition, calls it sin against Nature.
3 S. Pauls use of that phrase Law of Nature, in long haire.
4 Vêgetius use of that phrase.
Sect. 2.
1 Self preservation is not so of particular Law of Nature, but that Beasts naturally transgresse it, whom it binds more then us. And we, when the reason of it ceases in us, may transgresse it, and sometimes
•…
ust.
2 Things naturall to the Species, are not alwaies so to the Individuall.
3 Thereupon some may retire into Solitude.
4 The first principles in Naturall law, are obligatory, but not deductions from thence, and the lower we descend the weaker they are.
5 Pellicans. And by S. Ambrose, Bees kill themselves.
6 The Reason of almost every law is mutable.
7 He that can declare where the reason ceases, may dispence with the Law.
8 In what manner dispensations worke.
9 As nothing can annull the prerogatives of Princes or of Popes, though their own act seem to provide against it, so no law so much destroyes mans liberty, but that he returns to it, when the reason of that law ceases.
10 Self-preservation, which is but an appetition of that which is good in our opinion, is not violated by Self-homicide.
11 Liberty, which is naturally to be preserved, may be departed withall, when our will is to-doe so.
Sect. 3.
5 That cannot bee against law of nature, which men have ever affected, if it be also (as this is) against sensitive nature, and so want the allurements which other sins have.
2. There are not so many examples of all other vertues, as are of this one degree of fortitude.
3 Of Romane Gladiators. Of their great numbers, great persons, and women.
4 With how small persuasions Eleazar in Iosephus drew men to it.
5 Wives in the Indies doe it yet.
6 The Samanaei Priests in the Indies, notorious for good life and death did it.
7 Latinus Pacatus expresseth this desire pathetically.
8 By what means the Spaniards corrected this natural desire in the Indies.
Dist. 3.
Sect. 1.
1 After civility and christianity quenched this naturall desire, in the place thereof succeeded a thirst of Martyrdome.
2 How leasurely the custome of killing at funerals wore out.
3 Philosophers saw, and Moses delivered the state of the next life, but unperfectly,
Sect. 2.
1 That Martyrdome was by the Fathers insinuated into men, for the most part by naturall Reasons, and much upon humane respects.
2 So proceeded Clement.
3 So did Tertullian.
4 So did Cyprian.
5 Externall honouurs to Martyrs.
6 Monopoly of Martyrdome
7 Gods punishments upon their persecutors encouraged men to it.
8 Priviledges of Martyrs extended to many.
9 Contrary Reasons cherisht this desire in them.
10 Libellatici, or compounders with the state, in Cyprian.
11 Flight in persecution condemned by Tertullian.
12 Death grew to be held necessary to make one a Martyr.
13 In times when they exceeded in indiscreet exposings of themselvs, they taught that Martyrs might be without death.
14 Professors in Cyprian, men who offred themselves before they were called.
15 Enforcers of their own Martyrdome.
16 Examples of inordinate affecting of Martyrdome.
17 Lawes forbidding more executions, made to despite Christians.
18 Glory in their number of Martyrs.
Sect. 3.
1 That Hereticks noting the dignity gaind by Martyrdome, laboured to avert them from it, but could not correct this naturall inclination.
2 They laboured the Magistrate to oppose this desire.
3 Basilides denyed Christ to have been crucif
•…
ed; and
that therefore they dyed madly.
4 Helchesar, that outward profession of Religion was not needfull; much
•…
ffo Martyrdome.
5 Which also the Gnostici taught: and why they prevailed not.
Sect. 4.
1 That Heretiques missing their purpose herein, tooke the naturall way of overtaking the Orthodox in numbers of Martyrs.
2 Petilians new way of Martyrdome.
3 Another new way of the Circumcelliones, or Circuitores.
4 The Cataphrygae exceed in number.
5 The Euphemitae for their numbers of Martyrs called Martyrians.
Sect. 5.
1 Hereupon Councels tooke it into their care to distinguish Martyrs, from those who dyed for naturall and humane respects.
Sect. 6.
1 Therefore later Authors doe somewhat remit the dignity of Martyrdome.
2 The Jesuits still professe an enormous love to such death.
Distinction 4.
Sect. 1.
1 Lawes and Customes of well pollished Estates having admitted it, it were rash to say it to be against Law of Nature.
2 True and Ideated Common-wealthes have allowed it.
3. 4. Athenians, Romans.
5 Of Depontani.
6 Ethiopians.
7 All Lawes presume this desire in men condemned.
8 In Utopia authorized.
9 And by Plato in certaine cases.
10 Conclusion of the first Part.
The Second Part of the Law of Reason.
Distinct. 1.
Sect. 1.
1 That the Law of Reason is, Conclusions drawn from primary Reason or light of Nature, by discourse.
2 How much strength such deduced reasons have.
Sect. 2.
1 Of this kind of reasons, generall Lawes have greatest authoritie.
2 For it is of their essence that they agree with the Law of Nature.
3 And there is better testimony of their producing, then of particular mens opinions.
Sect. 3.
1 Of Lawes, the Emperiall Law ought first to be considered.
2 The reason of that Law is not abolished; but the confession of our dependencie upon it.
3 Why it is called Civill Law.
4 Of the vastnes of the books from whence it is concocted, and of the large extent thereof.
5 That yet in this so large Law there is nothing against our case.
6 Of the Law of Adrian concerning this in Souldiers.
7 Of the other. Law concerning this in off
•…
ndors already accused.
Dist. 2.
Sect. 1.
1 Of the Cannon Law.
2 The largenes of the subject, and object thereof.
3 Of Codex Canonum, or the body of the Canon Law, in use in the primitive Church.
Of the Additions to this Code since.
4 Canon Law apter to condemn then the Civil, and why.
Sect. 2.
1 That this proposition is not haereticall by the Canon Law.
2 Simancha his large Definition of Haeresy.
3 No d
•…
cision of the church in the point.
4 Nor Canon nor Bull.
5 Of the common opinion of Fathers, and that that varies by times, and by places by Azori
•…
.
7 Gratian cites but two Fathers, whereof one is on our side.
8 That that part of Canon Law, to which Canonists will stand, condemns not this.
9 A Catholique Bpa
•…
censure of Gratian, and his decret.
Sect. 3.
1 What any Councells have done in this point.
2 Of the Councell of Antisidore under Greg. 1. 590.
3 That it only refusd their oblations.
4 That it was only a Diocesan Councell.
5 The Councell of Braccar. inflicts two punishments.
6 The first, of not praying for them is meant of them who did it, when they were excommunicate.
7 The second, which is denying of buriall, is not always inflicted as a punishment, to an offendor; as appeares in a punishment, to an offendor; as appears in a locall interdict.
8 Romans buried such offendors as had satisfied the law within the Towne, as they did Vestalls and Emperours.
Dist. 3
Sect. 1
1 Of the Laws of particular Nations.
2 Of our Law of Felo de se.
3 That this is by our Law Murder, and what reasons entitle the King to his good.
4 That our naturall desire to such dying, probably induced this customary Law.
5 As in States abounding with slaves, Law-makers quenched this desire, lest there should have beene no use of them.
6 Forbid lest it should draw too many: as hunting, and vsury: and as wine by Mahomet.
7 Upon reason of generall inclinations we have severe Laws against theft.
8 When a man is bound to steale.
9 Sotus his opinion of Day-theeues.
10 Of a like law against Self-homicide in the Earldome of Flaunders.
Sect. 2.
1 Severe Laws are arguments of a generall inclination, not of a hainousnes in the fact.
2 Fasting upon Sundays extremely condemned upon that reason.
3 So Duells in France.
4 So Bull-baitings in Spaine.
5 The hainousnes of Rape, or Witch-craft are not diminished, where the Laws against them were but easie.
6 Publike benefit is the rule of extending odious Laws, and restraining favourable.
7 If other nations concurre in like Laws, it sheweth the inclination to be generall.
Sect. 3.
1 The Custome of the Iews not burying till Sunn-set, and of the Athenians cutting off the dead hand evict not.
Sect 4.
1 The reasons drawne from remedies, used upon some occasions to prevent it, prove as little.
Dist. 4.
Sect. 1.
1 Of the reasons used by particular men, being divines.
2 Of S. Aug. and of his argument against Donatus.
3 Of S. Augustine comparatively with other Fathers.
4 Comparison of Navar and Sotus.
5 Iesuits often beholding to Calvin for his expositions.
6 In this place we differ not from S. Augustine.
7 Nor in the second cited by Gratian.
8 That there may be Causa puniendi sine culpa.
9 As Valens the Emperor did misse Theodosius, So S. Augustine praetermitted the right case.
10 Of Cordubensis rule, how we must behave our selves in perplexities.
11 How temporall reward may be taken for spirituall offices.
12 Of Pindarus death praying for he knew not what.
13 In one place we depart from S. Augustine upon the same reason, as the Jesuite Thyraeus doth depart from him in another.
Sect. 2.
1 The place cited by Gratian out of S. Hierome, is on our side.
Sect. 3.
1 Lavaters confession, that Augustine, Hierome, Chrysostome, Lactantius, are of this opinion.
Sect. 4.
1 Of Peter Martyrs reason, Mors malum.
2 Clement hath long since destroyed that reason.
3 Of Malum poenae, how farre it may bee wished, and how farre it condemnes.
4 Possessed men are not alwaies so afflict for sinne.
5 Damnation hath not so much rationem mali, as the least sinne.
6 If Death were of the worst sort of evill, yet there might be good use of it, as of Concupiscence.
7 In what fense S. Paul calles Death Gods enemy.
8 Death, since Christ, is not so evill as before.
Sect. 5.
1 Of Peter Martyrs reason, Vita donum Dei.
Sect. 6.
1 Of Lavaters reason of Iudges in all causes.
2 Where Confession is not in use, there is no Iudge of secret sinne.
3 Of the Popes Iurisdiction over himselfe.
4 Of such Iurisdiction in other persons by Civil lawes.
5 10:22. elected himselfe Pope.
6 Iurisdiction over our selves is therefore denyed us;
7 because we are presumed favourable to our selves, not in cases esteemed hurtfull.
8 In cases hurtfull we have such Iurisdiction.
9 Oath of Gregory in the great Schisme.
10 When a man becomes to be sui Juris.
11 Warre is just betweene Soveraigne Kings, because they have no Iudge.
12 Princes give not themselves priviledges; but declare that in that case they will exercise their inherent generall Priviledge.
Sect. 7.
1 Josephus reason of Depositum.
2 A Depositarie cannot be accused De Culpa, but De Dolo.
3 A secret received Data fide is In natura Depositi.
Sect. 8.
1 Of similitudinary reasons in Authors not Divine.
Sect. 9.
1 Of Josephus his reason of Hostis.
Sect. 10.
1 Of Josephus reason of Servus.
Sect. 11.
1 Of Josephus reason of a Pilot.
Distinct. 5.
Sect. 1.
1 Of Saint Thomas two reasons from Iustice, and Charitie.
2 Of that part of injustice, which is stealing himselfe from the State.
3 Monastike retyring is, in genere rei, the same fault.
4 The better opinion is, that there is herein no injustice.
5 Of the other Injustice, of usurping upon anothers Servant.
6 Though we have not Dominium, we have Usum of this life: And we may relinquish it when we will.
7 The State is not Lord of our life, yet may take it away.
8 If injustice were herein done to the State, then by a licence from the State it may be lawfull.
9 And the State might recompence her Domage upon the goods or Heirs of the Delinquent.
10 In a man necessary to the State, there may bee some Injustice herein.
11 No man can doe injurie to himselfe.
12 The question whether it be against Charity, respited to the third part.
Sect. 2.
1 Of Aristotles two reasons of Misery and Pusillanimitie.
Distinct. 6.
Sect. 1.
1 Of reasons on the other side.
2 Of the Law of Rome, of asking the Senate leave to kill himselfe.
3 Of the case upon that Law in Quintillian.
Sect. 2.
1 Comparisons of desertion and destruction.
2 Of Omissions equall to committings.
Sect. 3.
3 In great faults the first step imprints a guiltines, yet many steps to self-homicide are allowable.
4 Dracoes lawes against homicide were retained for the hainousnes of the fault.
5 Tolets five Species of Homicide.
6 Foure of those were to be found in Adams first Homicide in Paradise.
Sect. 4.
7 Of Tolets first and second Species, by Precept, and by Advise, or Option.
8 We may wish Malum poenae to our selves, as the Eremite prayed to be possessed.
9 That we may wish death for wearines of this life.
10 It is sin to wish the evill were not evill, that then we might wish it.
11 Of wishing the Princes Death.
12 In many opinions by contrary Religion, a true King becomes a Tyrant.
13 Why an oath of fidelity to the Pope binds no man.
14 Who is a Tyrant by the declaration of the learned men of France.
15 How Death may be wished by Calvins opinion.
16 How we may wish death to another for our own advantage.
17 Phil. Nerius consented that one who wished his own death might have his wish.
Sect. 5.
1 Of Tolets third Species of Homicide, by permission, which is Mors Negativa.
2 Of standing mute at the Barre.
3 Three Rules from Scotus, Navar, and Maldonate, to guide us in these desertions of our selves.
4 That I may suffer a Theif to kill me, rather then kill him.
5 Of Se defendendo in our Law.
6 That I am not bound to escape from prison if I can. Nor to eate, rather then starve,
7 For ends better then this life we may neglect this.
8 That I may give my life for another.
9 Chrysostomes opinion of Sarahs lie, and her consent to Adultery. And S. Augustines opinion of this, and of that wife, who prostituted her selfe to pay her husbands debts.
10 That to give my life for another, is not to preferre another before my selfe, as Bonaventure and August. say; But to prefer vertue before life; which is lawfull.
11 For spirituall good it is without question.
12 That I may give another that without which I cannot live.
13 That I may lawfully wear out my self with fasting.
14 That this in S. Hier. opinion is selfe-homicide.
15 Of the Fryer whom Cassianus calls a Self-homicide, for refusing bread from a
•…
heife, upon an indiscreet Vow.
16 Of Christs fast.
17 Of Philosophers inordinate fasts.
18 Of the Devils threatning S. Francis, for fasting.
19 Examples of long fasts.
20 Reasons, effects, and obligations to rigorous fastings.
Corollary of this Section of Desertion.
Sect. 6.
1 Of another Species of homicide, which is not in Tolets division by Mutilation.
2 Of Delivering ones selfe into bondage.
3. By divers Cannons homicide and mutilation is the same fault.
4 Of Calvins argument against Divorce, upon this ground of Mutilation.
5 The example of S. Mark, cutting off his thumbe to escape Priesthood
6 In what cases it is clear, that a man may mai
•…
himself.
Sect. 7.
1 Of Tolets fourth Species of Homicide, by actual helping.
2 Ardoynus reckons a flea amongst poysons, because it would destroy
3 David condemned the Amalekite, who said he had helped Saul to kill himselfe.
4 Mariana the Iesuite is of opinion, that a King which may be removed by poyson, may not be put to take it by his owne hands though ignorantly, for he doth then ki
•…
himself.
5 That a malefactor unaccused may accuse himself.
6 Of Sansovins relation of our custome at executions, and withdrawing the pillow in desperate cases.
7 Of breaking the leggs of men at executions, and of breaking the halter.
8 Of the forme of purgations used by Moses Law in cases of Iealousy.
9 Of formes of Purgation called Uulgares.
10 Charlemaine brought in a new forme of purgation.
11 And Britius a Bishop, being acquitted before, extorted another purgation upon himselfe.
12 Both kindes of Ordalium, by water, and fire, in use here, till King Johns time.
13 In all these purgations, and in that by Battaile, the party himself assisted.
14 Exumples of actuall helpers to their owne destruction in S. Dorothaeus doctrine.
15 Of Ioseph of Arimathaea his drinking of poyson.
16 Of S. Andrew and S. Lawrence.
17 Casuists not cleere whether a condemned man may doe the last act to his death.
18 But in cases without condemnation, it is sub praecepto to Priests, Curats, to goe to infected houses.
Sect. 8.
1 Of Tolets last species of Homi-cide which is the act it selfe.
2 How farre an erring conscience may justify this act.
3 Of Pythagoras philosophicall conscience, to dy, rather then hurt a Beane, or suffer his schollers to speak.
4 Of the apparition to Hero a most devout Eremite, by which he killed himself, out of Cassianus.
5 That the Devill sometime sollicites to good.
6 That by Uasques his opinion, it is not Idolatry to worship God in the devil.
7 Rules given to distinguish evil spirits from God are all fallible.
8 Good Angels sometimes move to that which is evill, being ordinarily and morally accepted.
9 As in mis-adoration by Vasques, invincible ignorance excuses, so it may in our cases.
10 Of S. Augustines first reason against Donatus, that we may save a mans life against his will.
11 Of his second reasons, which is want of examples of the faithfull. And of S. Augustines assured escape, if Donatists had produced Examples.
12 Divorce in Rome on either part, And in Jury, on the womans part long without example.
13 Saint Augustines Schollers in this point of examples,
〈◊〉
st
•…
bborne as Aristotles, for the inalterablenesse of the Heavens, though the reason of both be ceased.
14 Of the Martyr Apollonia who killed her selfe.
15 Of answers in her excuse.
16 Of the Martyr Pelagia who killed her selfe.
17 Though her History bee very uncertaine, yet the Church seems glad of any occasion to celebrate such a fact.
18 Saint Augustines testimony of her.
19 Saint Ambroses Meditation upon her.
20 Eusebius his Oration incitatory, imagined in the person of the Mother.
21 Saint Augustines first of any doubting of their fact, sought such shifts to defend it, as it needed not.
22 S. Augustines example hath drawne Pedraca a Spanish Casuist, and many others, to that shift of speciall Divine inspiration, in such cases.
23 And so sayes Peter Martyr of the Midwives, and of Rahabs lye.
24 To preserve the Seale of Confession, a man may in some case be bound to doe the intire act of killing himselfe.
The Third Part, which is of the Law of God.
Distinct. 1
Sect. 1.
1 An introduction' to the handling of these places of Scripture.
2 Why I forbeare to name them who cite these places of Scripture.
3 If any oppose an answer, why I intreat him to avoide bitternes.
4 Why Clergy men, which by Canons may fish, and hunt, yet may not hunt with dogs.
5 Of Bezas answer to Ochius Polygamy.
Distinction 2.
Sect. 1.
1 No place against this Self-homicide, is produced out of the Iudiciall or Ceremoniall Law.
Sect. 2
1 Of the place Gen. 9. 5. I will require your blood.
2 We are not bound to accept the interpretation of the Rabbins.
3 Of Lyra, and of Emmanuel Sâ, both abounding in Hebraisms, yet making no such note upon this place,
Sect. 3,
1 Of the place De
•…
. 33. 39. I kill, and I give life.
2 Iurisdiction of Parents, Husbands, Masters, Magistrates, must consist with this place.
3 This place must be interpreted as the other places of Scripture, which have the same words. And from them, being three, no such sence can be extorted.
Sect. 4.
1 Of the place Iob 7. 1. vita militia.
2 Why they cite this place according to the vulgate copy.
3 Of Soldiers priviledges of absence by Law.
4 Iobs scope is, That as warre works to peace, so heere we labour to death.
5 Of Christs letter to King Abgarus.
Sect. 5.
1 Of another place in Iob 7. 15. Anima elegit suspendium.
2 Why it was not lawfull to Iob to kill himself.
3 His words seeme to shew some steps toward a purpose of Self-homicide.
4 Of Sextus S
•…
nensis, and of Gregories exposition therof
5 How I differ from the Anabaptists, who say that Iob despaired.
6 S. Hierome, and the Trent Councell incurre this errour of condemning all which a condemned man says.
7 Uery holy and learned men impute a more dangerous despaire to Christ, then I doe to Iob.
Sect. 6.
1 Of the place Io. 2. 4. Skin for Skin &c.
Sect. 7.
1 Of the place Eccles. 30. 16. There is no riches above a sound body.
2 This place is not of safety, but of health.
Sect. 8.
1 Of the place Exod. 20. Thou shalt not kill.
2 S. Augustine thinks this Law to concerne ones self more directly, then another.
3 This Law hath many exceptions.
4 Laws of the first table are strictioris vinculi, then of the second.
5 A case wherein it is probable that a man must kill himself, if the person be exemplar.
6 As Laws against Day-theeves may be deduced from the Law of God authorizing Princes, So may this from the commandement, of preferring Gods glory.
7 Whatsoever might have been done before this Law, this Law forbids not.
Sect. 9.
1 Of the place Wisd. 1. 12. Seek not death.
Distinct. 3.
Sect. 1.
1 Of the place Mat. 4. 6. Cast thy self downe.
2 That Christ when it conduced to his owne onds, did as much, as the devill tempted him to, in this place.
Sect. 2.
1. Of the place Acts 16. 17. Do thy self no harme.
2 S. Paul knew Gods purpose of baptizing the Iaylour.
3 For else saith Calvin, he had frustrated Gods way of giving him an escape by the faylours death.
Sect. 3.
1 Of the place Rom. 3. 8. Do not evill for good.
2 In what sence Paul forbids this.
3 God always inflicts malum poenae by instruments.
4 Induration it selfe is sometimes medicinall.
5 We may inflict upon our selves one disease, to remove another.
6. In things evill, in that sense as S. Paul takes the word bere, Popes daily dispence.
7 So doe the Civill Lawes.
8 So doe the Cannons.
9 So doth God occasion lesse sint to avoid greater.
10 What any other may dispence withall in us, in cases of extremity, we may dispence with it our selves.
11 Yet no dispensation changes the nature of the thing, and therefore that particular thing was never evill.
12 The Law it self, which measures actions, is neither good nor evill.
13 Which Picus notes well, comparing it to the firmament.
14 What evill S. Paul forbids here, and why.
15 Nothing which is once evil, can ever recover of that.
16 These Acts were in Gods decree preserved from those stains of circumstances, which make things evill: So as Miracles were written in his book of Nature, though not in our copy thereof; and so, as our Lady is said to be preserved from Originall sinne.
17 Of that kind was Moses killing of the Egyptian.
18 If this place of Paul, be understood of all evill.
19 Yet it must admit exceptions, as well as the Decalogue it selfe.
20 Otherwise that application which Bellarmine and others doe make of it will be intollerable.
Sect. 4.
1. Of divers places which call us, Temples of God.
2 The dead are still his Temples and Images.
3 Heath
•…
Temples might be demolished, yet the Soyle remained Sacred.
4 S. Pauls reason holds in cases where we avile our bodies, here we advance them.
5 How we must understand that our body is not our own.
Sect. 5.
1. Of the place, Eph. 4. 15. One body with Christ.
2 This place gives Arguments to all which spare not themselves for releif of others, and therefore cannot serve the contrary purpose.
Sect. 6.
1. Of the place Eph. 5. No man hates his own f
•…
esh.
2 How Marlorate expounds this Hate.
Distinct. 4.
Sect. 1.
1 Of the places of scripture on the other part.
2 We may, but our Adversaries may not make use of Examples. To which the answer of Martyr and Lavat
•…
r is weake
3 The Nature, Degrees, and Effects of Charity.
4 S. Augustines description of Her. Of her highest perfection beyond that which Lombard observed out of Aug.
5 He wholoves God with all his heart, may love him more.
6 Any suffering in Charity, hath infallibly the grace of God; by Aquin.
Sect. 2.
1. Of the place 1 Cor. 13. 4. Though I give my Body.
2. By this, it was in common reputation, a high degree of perfection to die so, and Charity made it acceptable.
3 S. Paul speaks of a thing which might lawfully be done, for such are all his gradations in this Argument.
4 Tongues of Angels, in what sense in this place.
5 Speech in the Asse, understandings of prophesies in Iudas, or miraculous faith, make not the possessour the better.
6 How I differ from the Donatists, arguing from this place, that in charity there Self-Homicides were alwayes lawfull.
7 To give my body, is more then to let it be taken.
8 How Niccphorus the Martyr gave his Body in Sapritius his roome who recanted.
9 There may be some case that a man who is bound to give his body, cannot doe it otherwise then by self-homicide.
Sect. 3.
1. Of the place Joh. 10. 11. & Joh. 15. 13. The good Shepheard.
2 That a man is not bound to purge himself, if anothers crime be imputed to him.
Sect. 4.
1 Of the place Ioh. 13. 37. I will lay down my life.
2 Peters readines was naturall; Pauls deliborate.
Sect. 5.
1. Of the place Ioh. 10. 15. Of Christs example.
2 Why Christ spoke this in the present time.
3 Of the abundant charity of Christ.
4 Of his speech going to Emmaus.
5 Of his Apparition to S. Charles.
6 Of the Revelation to S. Brigid.
7 Of his mothers charity.
8 That none could take away Christs soule.
9 His owne will the onely cause of his dying so soon by S. Augustine.
10 And by Aquinas, because he had still all his strength.
11 And by Marlorate because he bowed his head, and it fell not, as ours do in death.
12 In what sense it is true that the Iewes put him to Death.
13 Of Aquinas opinion, and of Silvesters opinion of Aquinas.
14 Christ was so the cause of his death, as he is of his wetting, which might, and doth not shut the window when it rains.
15 Who imitated Christ in this actuall emission of the soul.
16 Upon what Reasons this manner of dying in Christ is called Heroique, and by like Epithets.
17 Christ is said to have done herein, as Saul, and Appollonia, and such.
Sect. 6.
1 Of the places Ioh. 12. 25. Luc. 14. 26. Of Hating this life.
2. Iesuits apply particularly this Hate.
3. If the place in the Ephes. No man hateth his flesh, be against self-homicide, this place must by the same reason be for it.
4 S. Augustine denying that this place justifies the Donatists, excludes not all cases.
Sect. 7.
Of the place 1 Ioh. 3. 16. We ought to lay down our lives, &c.
2 All these places direct us to doe it so, as Christ did it, unconstrained.
Sect. 8.
1. Of the place Phil. 1. 23. Cupio dissolvi.
2. Of S. Pauls gradations to this wish, and of his correcting of it.
Sect. 9.
1 Of the place Gal. 4. 15. You would have plucked out your own eyes.
2 This was more then vitam profundere by Calvin.
Sect. 10.
1. Of the place, Rom. 9. 3. Anathema.
2 That he wished herein Damnation.
3 That he considered not his Election at that time.
Sect. 11.
Of the place, Exod. 32. 32. Dele me de libro.
2 That this imprecation was not onely to be blotted out of the History of the Scripture as some say.
3 It was stranger that Christ should admit that which might seeme a slip downward, when he wisht an escape from death, then that Moses should have such an exaltation upward, as to save his Nation by perishing, yet both without inordinatenesse.
4 How by Paulinus, a just man may safely say to God, Dele me.
Distinct. 5.
Sect. 1.
1 Of Examples in Scripture.
2 The phrase of Scripture never imputes this Act to any as a sinne, when it relates the History.
3 Irenaeus forbids man to accuse where God doth not.
4 Beza his answer to Ochius reason, that some Patriarchs lived in Polygamy, reaches not home to our case.
5 For it is not evident by any other place of Scripture, that this is sinne, and here many examples con
•…
ur.
Sect. 2.
1 Examples of Acts which were not fully selfe-homicides, but approaches.
2 Of the Prophet who punished him that would not strike him.
3. That when God doth especially invite men to such violence, he says so plainly. And therefore such particular invitations may not be presumed where they are not expressed.
Sect. 3.
1 Of Jonas.
2 Why S. Hierome calls only Jonas of all the Prophets holy.
Sect. 4.
1 Of Samson.
2 The Church celebrates him as a Martyr.
3 Paulinus wishes such a death as Samsons.
4 They which deny that he meant to kill himself, are confuted by the text.
5 They which say, he intended not his owne death principally, say the same as we doe.
6 That S. Augustines answer to this fact, that it was by speciall instinct, hath no ground in the history.
7 Of Sayr his reason, in confirmation of Augustine, That Samson prayed.
8 Of Pedraca his reason, that it was therefore the work of God, because God effected it so, as it was desired.
9 That he had as much reason, and as much authority to kill himselfe, as to kill the Philistims. And that was only the glory of God.
10 That in this manner of dying, be
•…
was a type of Christ.
Sect. 5.
1 Of Saul.
2 Whether the Amalekite did helpe to kill Saul. Whether Saul be saved or no.
3 In what cases the Iewes, and Lyra confesse, that a man may kill himselfe.
4 Lyra's reasons why Saul is to be presumed to have dyed well.
5 Burgensis reason to the contrary; That if Saul were excusable, the Amalekite was so too, is of no force.
5 Of Sauls Armour-bearer.
Sect. 6.
1 Of Achitophel.
2 He set his house in order, and he was buried.
Sect. 7.
1 Of Judas.
2 He dyed not by hanging in the opinion of Euthymius, Occumenius, Papias S. Johns disciple, and Theophilact.
3 By what meanes many places of Scripture have been generally otherwise accepted, then the text enforceth.
4 Judas not accused of this in the story, nor in the two Propheticall Psalmes of him.
5 Origens opinion of his repentance.
6 Calvin acknowledgeth all degrees of Repentance, which the Romane Church requires to Salvation to have been in Judas.
7 Petilians opinion that Judas was a Martyr.
8 His Act had some degrees of Iustice, by S. August.
Sect. 8.
1 Of Eleazar.
2 All confesse that it was an Act of vertue.
3 His destruction was certaine to him.
4 He did as much to his owne death, as Samson.
5 The reasons of thus Act, alleadged in the Text, are Morall.
6 Saint Ambrose extols this by many concurrences.
7. Cajetans reason for justification thereof, is app
•…
able to very many other cases of Selfe-homicide.
Sect. 9.
1 Of Rasis.
2 His reasons in the Text Morall.
3 Whether it be Pusillanimity, as Aristotle, August. and Aquinas urge.
4 Saint Augustine confesseth that in Cleombrotus it was greatnesse of minde.
5 How much great Examples governe.
6 That it was reputed Cowardlinesse in Antisthenes, being extremely sicke, not to kill himselfe.
7 Vpon what reasons Lyra excuses this, and like actions.
8 Burgensis his reason confesseth that there might have beene just causes for this act.
Conclusion
1 Why Jrefrained discourse of destiny herein.
2 Man made of shadow, and the Devill of fire by the Alcoran.
3 Our adversaries reasons contradict one another.
4 No precapt given of loving our selves.
5 Encouragemens to contempt of death.
6 Why I abstaine from particular directions.
7 Laws forbid ordinary men to oure by extraordinary meanes, yet Kings o
•…
England, Fra. and Spaine doe it.
8 As Hierom Origen Chrysost. and Cassianus are excused for following Plato, in toleration of a ly, because the church had not then pronounced; so may it be in this.
THE PREFACE Declaring the Reasons, the Purpose, the way, and the end of the AVIHOR.
BEZA, A man as eminent and illustrious, in the full 1. The reason of this discourse. glory and Noone of Learning, as others were in the dawning, and Morning, when any, the least sparkle was notorious, Epist. ante confessionem. confesseth of himself, that only for the anguish of a Scurffe, which over-ranne his head, he had once drown'd himselfe from the Millers bridge in Paris, if his Uncle by chance had not then come that way; I have often such a sickely inclination. And, whether it be, because I had my first breeding and conversation with men of a suppressed and afflicted Religion, accustomed to the despite of death, and hungry of an imagin'd Martyrdome; Or that the common Enemie
•…
nd that doore worst locked against him in mee;
Or that there bee a perplexitie and flexibility in the doctrine it selfe; Or because my Conscience ever assures me, that no rebellious grudging at Gods gifts, nor other sinfull concurrence accompanies these thoughts in me, or that a brave scorn, or that a faint cowardlinesse beget it, whensoever any affliction assailes me, mee thinks I have the keyes of my prison in mine owne hand, and no remedy presents it selfe so soone to my heart, as mine own sword. Often Meditation of this hath Incitements to charity towards the doer. wonne me to a charitable interpretation of their action, who dy so: and prov
•…
ked me a little to watch and ex
•…
gitate their reasons, which pronounce so peremptory judgements upon them.
B. Dorethcus doctrin. 6. A devout and godly man, hath guided us well, and rectified our uncharitablenesse in such cases, by this remembrance, [Sois lapsum, &c. Thou knowest this mans fall, but thou knowest not his wra
•…
ling; which perchance was such, that almost his very fall is justified and accepted of God.] For, to this
•…
nd, saith one, Bosq. conc 2.
[God hath appointed us tentations, that we might have some
〈◊〉
for our
〈◊〉
, when he calles us to
•…
count.]
An uncharitable mis-interpreter un
•…
tily demolishes his own house, and rep
•…
s not onothers. He loseth without any gaine or profit to any. And, as lib. de patientia.
Te
•…
tullian comparing and making equall, him which provokes another,
〈◊〉
him who will be provoked by another, sayes, [There is no difference, but that the
〈◊〉
offen
•…
first, And that is nothing, because in
〈◊〉
there is no
respect of Order or Prioritie.] So wee may soone becomes as ill as any offendor, if we offend in a severe increpation of the fact. For, Scala paradis. grad 3.
Climachus in his Ladder of Paradise, places these two steps very neere one another, when hee sayes, [Though in the world it were possible for thee, to escape all defiling by actuall sinne, yet by judging and condemning those who are defiled, thou art defiled.] In this thou act defiled, as In quaest. fuse disp. ad q. 6.
Basil notes, [That in comparing others sinnes, thou canst not avoid excusing thi
•…
mne.] Especially this is done, if thy ze
•…
le be too fervent in the reprehension of others: For, as in most other Accidents, so in this also, Sinne hath the nature of Poyson, that Forest. de venen. not. in observat. 2.
[It enters eas
•…
st, and works fastest upon cholerique constitutions.] It is good counsell of the Pharises stiled, Serar. Trihaeres. l. 2. c
•…
p. 17.
[
〈◊〉
judices proximum, don
•…
ad ejus locum pertingas. Feeleand wrastle with such tentations as he hath done, and thy
•…
le will be tamer. For, [Heb. 2. 17.
Therefore (saith the Apostle) it became Christ to be like us, that he might be mercifull.]
If therefore after a Christian protestation of Incitements to charity toward the Author. an innocent purpose herein, And after a submission of all which is said, not only to every Christian Church, but to every Christian man, and after an entreaty, that the Reader will follow this advise of Tabaus, [Serar. Trihaeres. l. 2. cap. 17.
Qui litigant, sint ambo in oonspd
•…
tuo mali & rei, and trust neither me, nor the adverse part, but the Reasons, there be any scandall in this
〈◊〉
of mine, it is Taken, not Given. And though I know, that the
malitious prejudged man, and the lazy affectors of ignorance, will use the same calumnies and obtrectations toward me, (for the voyce and sound of the Snake and Goose is all one) yet because I thought, that as in the poole of Bethsaida,
10. 5. 2. there was no health till the water was troubled, so the best way to finde the truth in this matter, was to deb
•…
te and vexe it, (for Athenag. de resur.
[We must as well dispute de veritate, as pro veritate,]) I abstained not for feare of mis-interpretation from this undertaking. Our stomachs are not now so tender, and queasie, after so long feeding Why it is not inconvenient now to handle this point. upon folid Divinity, nor we so umbragious and startling, having been so long enlightned in Gods path, that wee should thinke any truth strange to us, or relapse into that childish age, in which Filesacus de authorit. Epis. cap. 1. 97. a Councell in France forbad Aristotles Metapbysiq
•…
es, and punished with Excommunication the excribing, reading, or having that booke.
Contemplative and bookish men, must of necessitie be more quarrelsome then others, because Dissentions among schollars more and harder to end then others. they contend not about matter of fact, nor can determine their controversies by any certaine witnesses, no
•…
judges. But as long as they go
•…
towards peace, that is Truth, it is no matter which way. Dan. 10. The tutelare Angels resisted one another in Persia, but neither resisted Gods revealed purpose. Humf. Iesui. part. 2. ad rat. 5
Hierome and Gregorie seem to be of opinion, that Salo
•…
n is damned, Ambr
•…
se and Augustine, that he is saved
〈◊〉
All Fathers,
all zealous of Gods glory. ejusd. part 1 praefat. ad Com Leicest. At the same time when the Romane Church canonized Becket, the Schooles of Paris disputed whether hee could be saved; both Catholique Judges, and of reverend authoritie. And after so many Ages of a devout and religious celebrating the memory of Saint Hierome, Causaeus hath spoken so dangerously, that
Ratio 5. n Such perplexities wee ought to enclin to that side that favoureth the dead.
Campian saies, hee pronounces him to be as deepe in hell as the Devill. But in all such intricacies, where both opinions seem equally to conduce to the honor of God, his Justice being as much advanced in the one, as his Mercie in the other, it seemes reasonable to me, that this turne the scales, if on either side there appeare charity towards the poore soule departed. Notae Mallon. in Pale
•…
t. Sin. part. 1. cap. 2. The Church in her Hymnes and Antiphones, doth often salute the Nayles and Crosse, with Epithets of sweetnesse, and thanks; But the Speare which pierced Christ when he was dead, it ever calles, dirum M
•…
ucronem.
This pietie, I protest againe, urges me in this discourse; and what infirmity soever my reasons may have, yet I have comfort in Tresmeg
•…
tus Axiome,
De pietate et
•…
blilosophia. Why I make it so publique.
[Qui pius est, s
•…
mmè Philosophatur.] And therefore without any disguising, or curious and libellous concealing, I present and object it, to all of candor, and indifferencie, to escape that just taxation, H
•…
er. Apol. advers. Ruffin.
[Novum malitiae genus est, & intemperantis, scribere quod occultes.] For as, Theodor. a Niem. l. 2. ca. 37. when Ladijlaus tooke occasion of the great schisme, to corrupt the Nobility in Rome, and hoped
thereby to possesse the Towne, to their seven Governours whom they called Sapientes, they added three more, whom they called Sapientes, and consided in them; So doe I wish, and and as much as I can, effect,) that to those many learned and subtile men which have travelled in this point, some charitable and compassionate men might be added.
If therefore, of Readers, which
Tessarid. 6. What reader I wish.
Gorionides observes to be of foure sorts, (Spunges which attract all without distinguishing;
•…
owre-glufles, which receive and powre out as fast; B
•…
gges, which retaine onely the dregges of the Spices, and let the Wine escape; And Sives, which retaine the best onely,
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I finde s
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me of the lastsort, I doubt not but they may bee hereby enlightened. And Gen. 3. 6. et 7. as the eyes of Eve, were opened by the taste of the Apple, though it hee said before that shee saw the beauty of the tree, So the digesting of this may, though not present faire obj
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cts, yet bring them to
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the nakednesse and deformity of their owne reasons, founded upon a rigorous suspition, and wi
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e them to be of that temper, which Hom. de S. Susanna.
Chrisostome commends, [He which suspects benignly would faine be deceived, and bee overcome. and is p
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ously glad, when he findes it to be false, which he did uncharitably suspect.] And it may have as much vigour (as Ste
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ch. de Valla de Don. const. one observes of another Author) as the Sunne in March; it may stirre and dissolve humors, though not expell them; for
that must bee a worke of a stronger power.
Every branch which is excerpted from other The reason of so many citations. authors, and engrafted here, is not written for the readers faith, but for illustration and comparison. Because I undertooke the declaration of such a proposition as was controverted by many, and therefore was drawne to the citation of many authorities, I was willing to goe all the way with company, and to take light from others, as well in the iourney as at the journeys end. If therefore in multiplicity of not necessary citations there appeare vanity,
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ostentation, or digression my honesty must make my excuse and compensation, who acknowledg as Epist. Tit. Vesp.
Pliny doth [That to chuse rather to be taken in a theft, then to gave every man due, is obnoxii animi, et infelicis ingenii.] I did it the rather because scholastique and artificiall men use this way of instructing; and I made account that I was to deale with such, because I p
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esume that naturall men are at least enough inclinable of themselves to this doctrine.
This my way; and my end is to remove God punishes that sinn most which occasions most sinne in others.
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andall. For certainly God often punisheth a sinner much more severely, because others have taken occasion of sinning by his fact. If therefore wee did correct in our selves this easines of being scandalized, how much easier and lighter might we make the punishment of many transgressors? for God in his judgemen
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s hath almost made us his assistants, and counsellers, how far he shall punish; and our interpretation of anothers sinne
doth often give the measure to Gods Justice or Mercy.
If therefore, since Paulin. Ep. 4. Severo.
[disorderly long haire which was pride and wantonnesse in Absolon, and squallor and horridnes in Nebuchodonozor was vertue and strength in Samson, and sanctification in Samuel,] these severe men will not allow to indifferent things the best construction they are capable of, nor pardon my inclination to do so, they shall pardon this opinion, that their severity proceeds from a self-guiltines, and give me leave to apply that of Ennodius,
Epist. ad Astyriion.
[That it is the nature of stiffe wickednesse, to think that of others, which themselves deserve and it is all the comfort which the guilty have, not to find any innocent.]
THE FIRST PART. OF LAW and NATURE.
Distinction I.
SECT. I.
AS Palaeotus de notbis. c. 28. Lawyers use to call that impossible, 1. Why wee first prove that this sinne is not irremissible. which is so difficult; that by the rules of law it cannot be afforded, but by the indulgence of the Prince, and excercise of his Prerogative: So Divines are accustomed to call that sinne, which for the most part is so, and which naturally occasions and accompanies sinne. Of such condition is this SELFHOMICIDE:
which to be sinne every body hath so sucked, and digested, and incorporated into the body of his Faith and Religion, that now they prescribe against any opposer; and all discourse in this point is upon the degrees of this sinne, and how farre it exceeds all other: So that none brings the metall now to the test, nor touch, but onely to the balance. Therefore although whatsoever is in our appetite good or bad, was first in our understanding true or false, and therefore if wee might proceed orderly, our first disquisition should be employd upon the first source, and origen, which is, whether this opinion be true or false, yet finding our selves under the iniquity and burden of this custome, and prescription, we must obey the necessitie, and preposterously examine: First, why this fact should be so resolutely condemned, and why there should be this precipitation in our judgement, to pronounce this above all other sins irremissible: and then, having removed that which was neerest us, and delivered our selves from the tyranny of this prejudice: our judgment may be brought neerer to a straightnesse, and our charity awakned, and entendred to apprehend, that this act may be free not onely from those enormous degrees of sinne, but from all.
SECT. II.
They who pronounce this sinne to be so necessarily 1. Three sorts of mistakers of this sinne.
damnable, are of one of these three perswasions. Either they mis-affirme that this act alwaies proceeds from desperation; and so they load it with all those comminations with which from Scriptures, Fathers, Histories, that common place abounds. Or else they entertaine that dangerous opinion, that there is in this life an impenitiblenesse, and impossibilitie of returning to God, and that apparent to us (for else it could not justifie our uncharitable censure;) Or else they build upon this foundation, that this act being presum'd to be sinne, and all sinne unpardonable without repentance, this is therefore unpardonable, because the very sin doth preclude all ordinary wayes of repentance.
SECT. III.
To those of the first Sect, if I might be as vainly 1. That all desperation is not hainous; and that this act doth not alwaies proceed from desperation. subtile, as they are uncharitably severe, I should answer, that all desperation is not sinnefull. For in the devill it is not sinne, nor doth hee demerit by it, because he is not commanded to hope. Nor in a man which undertook an austere and disciplinary taming of his body by fasts or corrections, were it sinfull to despaire that God would take from him stimulum carnis. Nor in a Priest employ'd to convert infidels, were it sinfull to despaire; that God would give him the power of miracles; If therefore to quench and extinguish this stimulum carnis, a man should kill himselfe;
the effect and fruit of this desperation were evill, and yet the root it selfe not necessarily so. No 2. It may bee without infidelitie. detestation nor dehortation against this sinne of desperation (when it is a sinne) can be too earnest. But yet Tho. 22. q. 2. ar. 2. since it may be without infidelitie, it cannot be greater then that. And though Aquinas there calls it sinne truly, yet he sayes hee doth so, 3 When it is poena peccati it is involuntarium.
because it occasions many sinnes. And if it bee as
Perer. Exod. c. 1. dijp. 4. others affirme, Poena peccati, it is then involuntarium, which will hardly consist with the nature of sinne: 4. The reason why men ordinarily aggravate it. Certainly, though many devout men have justly imputed to it the cause and effect of sin, yet as in the Cau. 17. penitentiall Cannons, greater Penance is inflicted upon one who kills his wife, than one who kills his mother; and the reason added, not that the fault is greater, but that otherwise more would commit it; So is the sinne of desperation so earnestly aggravated; because springing from Sloth, and Pusillanimity, our nature is more slippery and inclinable to such a descent, than to presumptions, which yet without doubt do more wound and violate the Majesty of God, then desperation doth. But howsoever, that none may justly say, that all which kill themselves, have done it out of a despaire of Gods mercy, (which is the onely sinnefull despaire) we shall in a more proper place, when we come to consider the examples exhibited in Scriptures, and other Histories; finde many who at that act have been so far from despaire, that they have esteemed it a great degree of Gods mercy,
to have been admitted to such a glorifying of his name, and have proceeded therein as religiously as in a sacrifice; and as Bosquier Con. 2. one sayes, elegantly, of Job, venere in gloriosa Proverbia, and of whom we may properly say, that which Moses said, Exod. 32. 29. when they punished upon one another their Idolatry, Consecrastis man
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vestras Domino.
When I come to consider their words who are 5. Of the second opinion, impenitiblenesso. of the second opinion, and which allow an impenitiblenesse in this life (of which Calvin is a strong Authorizer, if not an Authour; who 6. Of Calvins opinion, Mat. 12. 30. sayes, that actuall impenitence is not the sinne intimated in Matth. 12. 30, & 31. But it is a willing resisting of the holy Ghost, into which whosoever falls, Tenendum est, saith he, we must hold that he never riseth again) because these hard and mis-interpretable words fall from them, when they are perplexed, and intricated with that heavy question of sinne, against the holy Ghost, and because I presume them to speak proportionally and analogally to their other Doctrine, I rather incline to afford them this construction, that they place this impenitiblenesse onely in the knowledge of God, or that I understand them not, then either beleeve them literally, or beleeve that they have clearly expressed their own meanings. For I see not why we should be lother to allow, that God hath made some impeccable, then impenitible. 7. None impeccable, nor impenitible. Neither do I perceive, that if they had their purpose, and this were granted to them, that therfore such an impenitiblenesse must of necessity
be concluded to have been in this person, by reason of this act.
SECT. IIII.
But the third sort is the tamest of all the three, 1. Of the third sort, and that we ought not to presume actuall impenitence in this case. and gives greatest hope of being reduced, and rectifyed: For though they pronounce severely upon the fact, yet it is onely upon one reason, that the fact precludes all entrance to repentance. Wherein I wonder why they should refuse to apply their opinions to the milder rules of the Casuifts Azor. Mor. Instit. pa. 1. l. 2. c. 16. which ever in doubtfull cases, teach an inclination to the safer side. And though it be sa
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er to thinke a thing to be fin, then not, yet that rule serves for your own information, and for a 2. Which is the safer side in doubts. bridle to you, not for anothers condemnation. They use to interpret that rule of taking the safer side, that in things necessary (necessitate finis, as repentance is to salvation) wee must follow any probable opinion, though another bee more probable; and that, directly that opinion is to be followed, Quae favet animae: which they exemplifie thus. Zambran. de poeniten. dub. 2. n. 39. That though all Doctors hold that baptisme of a childe not yet throughly born, in the hand or foot to be ineffectuall, yet all Doctors counsell to baptize in that case, & to beleeve of good effect. And the example of the good theife informes us, that repentance works immediately; 1. Inarticulo mortis, the Church interprets ever favourably. and from that history Calvin collects, That such paine in articulo mortis, is naturally apt
to be get repentance; Since the Church is so indulgent, and liberall to her children, Idem de bap. dub. 8. n. 1. that at the point of death shee will afford her treasure of baptisme to one which hath been mad from his birth, by the same reason us to a child; Ibid. n. 2. yea, to one fallen lately into madnesse, though it appeare he were in mortall sinne, if he have but attrition, which is but a feare of hell, & no tast of Gods glory; And
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uch attrition shall be presum'd to be in him, if nothing appeare evidently to the contrary: Idem praelud. 1. n. 7. If she be content to extend and interpret this point of death, of every danger by sea, or travell; Idem de poenitent. dub. 3. nu. 2. If she will interpret any mortall sinne, in a man provoked by sodain passion, and proceeding from indeliberation, to be no worse nor of greater malignity, then the act of a childe. If being unable to succour one before Ibidem. she will deliver him from excommunication after he is dead. Dub. 7. nu. 9. If she bee content that both the penitent and confessor, bee but diligentes, not diligentissimi;
Idem de unct. dub. 2. nu. 3. If rather then she will be frustrate of her desire to dispense her treasure, she yeelds that mad and possessed men, shall be bound till they may receive extreame unction. Sayr Thesaur cas. consci. tom. 1. l. 2. c. 21. nu. 2. If lastly she absolve some whether they will or no, why should we abhorre our mothers example, and being brethren, be severer than the Parent? Not to pray for them which dye without faith is a precept so obvious to every Religion, that even Alcor. azoar. 19.
Mahomet hath inhibited it: But to presume impenitence, because you were not by, and heard it, is an usurpation.
This is true repentance (saith Clement) [Stromat. l. 2 To doe no more, and to speake no more, those things, 4. What true repentance is. whereof you repent; and not to be ever sinning, and ever asking pardon.] Of such a repentance as this our case is capable enough.
And of Lib. 3. ad amandum. cp. 1. one who died before he had repented, goo
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Paulinus would charitably interpret his haste, [That he chose rather to go to God debitor quam liber] and so to die in his debt rather than to carry his acquittance. As therefore in matters of 5. Witnesses which acquit, more acceptable then accusers. fact, the delinquent is so much favor'd that Dist. 81. ca. Clerici. a Lay-man shall sooner be beleeved which acquits him, then a Clork which accuseth (though in 12. q. 1. c. duo sunt. other cases there be much disproportion betweene the value of these two testimonies;) So, if any will of necessitie proceede to judgement in our case, those reasons, which are most benigne, and which, (as I sayd) favent anima, ought to have the best acceptation and entertainment.
SECT. V.
Of all those definitions of sinne, which the first 1. Why wee wave the ordinary definition of sinne ta
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en from S. Augustine, and follow that of Aquinas.
Rhapsoder Pet. Lombard hath presented out of ancient learning, as well the Summists as Casuists doe most insist upon that which he brings from Lib. 2. Dist. 35.
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. S. Augustine, as, commonly, where that Father serves their turnes, they never goe further. This definition is, that sinne is dictum, factum, concupitum, contra aternam legem Dei. This they stick too, because this definition (if it be one) best b
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ares their descant;
and is the easiest conveyance, and cariage, Of the torturing practise of Casuists. and vent for their conceptions; and applying rules of Divinitie to particular cases: by which they have made all our actions perplex'd and litigious, in foro interiori, which is their tribunall: by which torture they have brought mens consciences to the same reasons of complaint, which Panegyr. Traian.
Pliny attributes to Rome, till Trajans time; that Civit
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f
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-aata legibus, legibus evertebatur. For as Informers vext them with continuall delations upon penall Lawes, so doth this act of sinning entangle wretched consciences in manifold and desp
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ate anxi eties.
But for this use this definition cannot be thought to be applyable to sinne onely, since it limits it to the externall Law of God, (which word though Lombard have not, Thesaur. Cas. Consc. l. 1. Ca. 5.
Sa
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and all the rest r
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tain for this eternall Law is Tho. 22. q. 91. ar. 2.
ratio gub
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rnativa Dei, which is no other then his eternall decree for the government of the whole world, and that is Providence. And certainly against this, because it is not alwayes revealed, a man may without sinne 3. Of the eternall law of God in Augustines definition against which a man may doe without sinne. both think and speak and doe: as I may resist a disease, of which God hath decreed I shall die. Yea though he seeme to reveale his will, we may resist it, with prayers against it, because it is often conditioned, and accompanied with limitations and exceptions. Yea though God dealt plainly by Nathan,
2. S
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. 12. 14.
[The child shall surely die] David resisted Gods decree by prayer and penance. We must therefore seek another definition of sinne
which I think is not so well delivered in those words of Aquinas
22. q. 64. ar. 1. Con.
[Omnis defectus debiti actus habet rationem peccati] as in his other; [Peccatum
4. Of the Denition which we follow.
est actus devians ab ordine debiti finis, contra regulam naturae rationis, aut legis aeternae] For here lex aeterna being put as a member and part of the definition, it cannot admit that vast and large acceptation, which it could not escape in the description of S. Augustine, but must in this place be necessarily intended of lex divina. Through this definition therefore, we will trace this act of Self-homicide, and see whether it offend any of those three sorts of Law.
SECT. VI.
Of all these three Laws, of Nature, of Reason, 1. How the law of nature, of reason, and of God, exhibited in this definition, are all one; and how diversly accepted. and of God, every precept which is permanent, and binds alwayes, is so compos'd and elemented and complexion'd, that to distinguish and seperate them is a Chymick work: And either it doth only seeme to be done, or is done by the torture and vexation of schoole-limbicks, which are exquisite and violent distinctions. For that part of Gods Law which bindes alwayes, bound before it was written, and so it is but dictamen rectae rationis; and that is the Law of nature. And therefore Jsidore as it is related into the Dist. 1. Om
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es. Canons, dividing all Law into divine and humane, addeth [Divine consists of nature, Humane of custome] Yet though these three be almost all one; yet because
one thing may be commanded divers waies, and by divers authorities, as the common Law, a Statute, and a Decree of an arbitrary Court, may bind me to do the same thing, it is necessary that we weigh the obligation of every one of these Laws which are in the Definition.
But first I will only mollify and prepare their 2. In some eases all these three lawes may be broke at once. crude and undigested opinions and prejudice which may be contracted from the often iteration, and specious but sophisticate inculcatings of Law, and Nature, and Reason, and God, with this Antidote, that many things which are of Naturall and Humane and Divine Law may be broken. Of which sort Soto de teg. Secr. membr. 1. q. 2. to conceale a secret 3. Revealing a secret. delivered unto you is one. And the Honour due to Parents is so strictly of all these Laws, as none of the second Table more. Yet in a iust warre a Parricide is not guilty; yea by a law of Venice, though de Rep. l. 1. cap. 4.
Bodin say, it were better the 4. Parricide. Towne were sunk then ever there should be any example or president therein; A sonne shall redeeme himselfe from banishment by killing his Father being also banished. And we Aelian. l. 4. cap. 1. read of another state (and Laws of Civil Commonwealths may not easily be pronounced to be against Nature) where when Fathers came to be of an unprofitable and uselesse age, the sons must beat them to death with clubs: And of another, where all persons of above 70 years were dispatched.
SECT. VII.
This terme the law of Nature, is so variously 1. Of the law, of nature; and that against it strictly taken, either no sin, or all sinne is done. and unconstantly deliver'd, as I confesse I read it a hundred times before I understand it once, or can conclude it to signifie that which the author should at that time meane. Yet I never found it in any sence which might justifie their vociferations upon sinnes against nature. For the transgressing of 2. To doe against nature, makes us not guilty of a greater sinne, but more inexcusable. the Law of nature in any act doth not seeme to me to increase the hay nousnesse of that act, as though nature were more obligatory than divine Law: but only in this respect it aggravates it, that in such a sin we are inexcusable by any pretence of ignorance since by the light of nature we might discern it. Many things which we call sin, and so evill have been done by the commandement of God; 3. Nothing so evill, that is never good. by Abraham and the Jsraelites in their departing from Aegypt. So that this evill is not in the nature of the thing, nor in the nature of the whole harmony of the world, and therefore in no Law 4. No evill but disobedience. of nature, but in violating, or omitting a Commandement: All is obedience or disobedience. 5. Lying naturally worse then Selfe-homicide. Whereupon our Country-man Thesa
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. cas. cons. l. 7. c. 9. n. 9.
Sayr confesseth, that this SELF-HOMICIDE is not so intrinsecally ill, as to Ly. Which is also evident by Cajetan
sup. 22. q. 37. ar. 2. where he affirmes, that I may not to save my life, accuse my self upon the Racke. And though Cajetan extend no farther her
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in, then that I may not bely my sel
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: Yet de teg. secr. memb. 1. q. 3.
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evicts, that Cajetans reasons, with as much force forbid any accusation of my self, though it be true. So much easier may I dep
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rt with life then with truth, or with fame, by Cajetan. And yet 6 Fame may be neglected; yet we are as much bound to preserve it, as life. we find that of their fame many holy men have been very negligent. For not onely Augustine, Anselm, and Hier
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betray themselves by unurged confessi ns, but Soto ihid. St Ambrose procur'd certain prostitute women, to come into his chamber, that by that he might be defamed, and the People thereby abstaine from making him Bishop. This intrinsique and naturall evill therefore will hardly be found. For, Th. 22. q. 104. ar. 4. ad 2. m. God who can command a murder, cannot command an evill, or a sinne; because the whole frame and government of the world b
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ing his, he may vse it as he 7 God cannot command a sin, yet he can command murder. will. As, though he can doe a miracle, he can do nothing against nature; because Aug. cont. faust. l. 26. ca. [That is the nature of every thing, which he works in it.] Hereupon, & upon that other true rule, Th. 1. q. 105. at. 6. ad. 1. [whatsoever is wrought by a superior Agent, upon a patient, who is naturally subject to that Agent, is naturall] we may safely infer, that nothing which we call si
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ne is so against nature, but that it may be sometimes agreeable to nature.
On the other side, nature is often taken so widely and so extensively, as all sinne is very truely said to be against nature. Yea, before it come to be sinne. For S. Augustine sayes De li. Arb. l. 13. ca. 13. [Every vice, as it is vice, is against nature.] And vice is but habite which being produced to act, is then sinne. Yea 8 Originall sin is from nature.
the parent of all sinne, which is hereditary originall sin, which 12. q. 81. ar. 4.
Aquinas calls, [a languor and faintnesse in our nature, and an indisposition, proceeding from the dissolution of the harmony of originall Justice] is by him said to be in us, [3. q. 8. ar. 5. ad 7.
quasi naturale] And is, as he saith in another place, so 1. q. 100. ar. 1. ad 3. naturall, [that though it is propagated with our nature, in generation, though it be not caused by the principles of nature.] So 12. q. 81. ar. 4. as if God would now miraculously frame a man, as he did the first woman, of another's flesh and bone, and not by way of generation, into that creature, all infirmities of our flesh would be derived but not originall Sin. So that originall sinne is traduced by nature onely, and all actuall sinne issuing from thence, all sinne is naturall.
SECT. VIII.
But to make our approaches neerer. Let us 1 That if our adversaries by law of Nature meane onely Sensitive Nature, they say nothing, for so most vertuous actions are against Nature. leave the consideration of the Law of nature, as it is Providence, and Gods decree for his government of the great world; and contract it only to the law of nature in the lesse world, our selves. There is then in us a Tho. 12. q. 71. ar. 2. Con. double law of nature, Sensitive and Rationall; and C
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rbo Cas. Cons. To. 2. pa. 1. 6. 5. the first doth naturally lead and conduce to the other. But because by the languor and faintnesse of our nature, we lazily rest there, and for the most part goe no further in our journeys therfore out of this ordinary
indisposition, Aquinas pronounceth, that the inclination of our sensitive nature is against the law of reason. And this is that which the Apostle Rom. 7. 23. calls the law of the flesh, and opposeth against the law of the spirit.
Now although it be possible to sinne and transgresse against this sensitive nature, which naturally and lawfully Tho. ibid. is inclined upon bonum delectabile, by denying to it lawfull refreshings, and fomentations; yet I think this is not that law of nature which these abhorrers of SELF-HOMICIDE complaine to bee violated by that Act. For so they might aswell accuse all discipline and austeritie, and affectation of Martyrdome, which are as contrarie to the Law of sensitive Nature.
SECT. IX.
And therefore, by law of nature, if they 1 As the law of Nature is Recta Ratio, it is jus gentium. So Immolation of men and Idolatry, are not against Nature. will meane any thing, and speak to be understood, they must entend the law of rationall nature: which is that light which God hath afforded us of his eternall law; and which is usually call'd recta ratio. Now this law of nature as it is onely in man and in him directed upon Piety, Religion, Sociablenesse; and such (for as it reacheth to the preservation both of Śpecies and individualls, there are lively prints of it in beasts) is with most authors confounded and made the same with jus gentium. So Mor. Inst.
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. 1. l. 5. cap. 1.
Azorius, and so
Com. ad leg. Reg. prae.
Sylvius delivers [That the law of nature, as it concerns only reason is j
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gentium;] and therefore whatever is jus gentium that is, practised (and accepted in most, especially civil'st nations) is also law of nature, which De Som. sign.
Artemidorus ex
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mplifies, in these two, Deum colere, mulie
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ibus vinci.
How then shall we
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ccuse Idolarry, or immolation of men to be sinnes against nature? For (not to speak of the first, which like a de
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uge overflowed the whole world, and only Canaan, was a little Ark swimming upon it, delivered fr
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m utter drowning, but yet not from sto
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mes and and leakes, and dangerous weather-beatings,) immolation of men was so ordinary, that Pol. Virg. de Invent. r
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r. l. 5. cap. 8. [almost every nation, though not batba
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ous, had received it.] the Middendorp. de Acad. l. 6.
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x Io. Bormo.
D
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uids of France made their divinations from sacrifices of men. Casar. Bell. Gall. l. 6. And in their wars they presaged also after the same fashion. And for our times it appeares, by the Spanish relations, Mat. Met. praef. ad Oscr. Hist. that in only Hispaniola they sacrific'd yearly 20000 children.
SECT. X. 1 A reason is the forme, and so the Nature of man, every sin is against Nature, yea, whatsoever agrees not exactly with Christian Religion.
However since this is receiv'd [12. q. 71. ar. 2. Con. that the nature of every thing is the forme by which it is constituted, and that to doe against it, is to doe against nature] since also this forme in man is reason, and so to commit against reason is to sin against nature, what sin can be exempt from that charge, that it is a sin against nature, since every sin
is against reason. And in this acceptation Epistola mult is ep
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ft.
Lucidus takes the law of nature, when he sayes [God hath written in our hearts such a law of nature, as by that, we are saved in the coming of Christ.] And so every act which concurres not exactly with our religion shall bee sinne against nature. Which will appeare evidently out of 31. 33.
Jeremies words, where God promiseth as a future blessing, that he will write his lawes in their hearts, which is the Christian law. So that the Christian law, and the law of nature, (for that is the law written in hearts) must be all one. Sinne therefore against nature is not so enormous, but that that may stand true, which Navar saith Manual. ca. 23. nu. 50. [that many lawes both naturall and divine doe bind onely ad veniale.] And so (nor disputing at this time, whither it be against reasonal waies or no,) (for reason and vertue differ no otherwise than a close 2. Vertue produced to act, differs so from reason, as a medicine made and applyed, from a box of druggs. box of druggs, and an emplaister or medicine made from thence and applyed to a particular use and necessitie; and in the box are not onely aromatike simples, but many poysons, which the nature of the disease, and the art of the Administrer make wholsome.) This SELF-HOMICIDE is no more against the law of nature, then any other sinne, nor in any of the acceptations which we touch'd before. And this is as much as I determined for this first Distinction.
Distinction II.
SECT. I.
THere is a lower and narrower acceptation of this law of nature (which could not well 1. Sinnes against nature in a particular sense, are by Schoolm
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n said to be unnaturall lusts; and this. But in Scriptures onely the first is so called. be discerned but by this light, and fore-discoursing) against which law, this sinne, and a very few more, seeme to be directly bent, and opposed. For Mor. Instit. p. 1. l. 4. cap. 1.
Azorius sayes, [That there are sinnes peculiarly against nature, which are contra naturalem usum hominis] which he exemplifies in unnaturall lusts, and in this. And of the former example 22. q. 154. ar. 11. Con.
Aquinas sayes, [That there are some kinds of lusts which are sinnes against nature, both as they are generally vices, and as they are against the naturall order of the act of generation.] In the Scriptures also this sinne of mis-using the Sexe, is called against nature, by Rom. 1. 20. S. Paul. And once (in the vulgar edition) in the Judg. 19. 24 old Testament. But (as I intimated once before) this sinne against nature is so much abhor'd, not because the being against nature makes it so abominable, but because the knowledge therof is so domestique, so neare, so inward to us, that our conscience cannot slumber in it, nor dissemble it, as in most other sinnes it 2. Of the example of the Levite in the Judges.
doth. For, in that example of the Levite in the booke of Judges, (if those wicked men did seeke him for that abominable use, which Antiq. l. 5.
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. 2.
Iosephus
sayes, was onely for his wife; And when himself relates to the people the history of his injury in the next chapter, he complains that they went about to kill him to enjoy his wife, and of no other kind of injury;) though the Host which had harbor'd him disswade the men thus, [solum non operemini hoc contra naturam] will any man say, that the offer which he made them to extinguish their furious lust, to expose to them his owne daughter, a virgine, and the wife of his guest, (which Iosephus encreases by calling her a Levite and his kins-woman,) was a lesse sinne, then to have given way to their violence, or lesse against nature, because that which they sought was contra naturalem usum. Is not every voluntary pollution, in genere peccati, as much against the law of nature, as this was, since it strayes and departs from the way, and defeats the end of that facultie in us, which is generation? The violating therefore of the law of nature, doth in no acceptation aggravate the sinne. Neither doth the Scripture call any other sinne, then disorderly lust by that name; S. Paul once appeals to the law of nature, 1 Cor. 11. 14. when arguing about the covering of heads, of 3. S Pauls use of the phrase Law of nature in long haire. men or women at publique prayer, hee sayes, [Judge in your selves;] And [Doth not nature teach you, that if a man have long haire, it is a shame.] Not that this was against that law of nature to which all men were bound, for it was not alwayes so. For, in most places, shavings and cuttings, a
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d pullings, are by the Batyriques and Epigrammatists
of those times, reprehended for delicacy and effeminatenesse. And the Romans till for rain corruption had envenom'd them, were ever call'd gloriously Intonsi; but because (sayes Calvine) [it was at that time received as a custome throughout all Greece, to weare short haire, S. Paul calls it naturall.]
So Vegetius sayes [That from De re milit. l. 4. c. 39.
November to March the Seas are shut up, and intractable lege
4. Vegetius use of that phrase.
naturae,] which now are tame and tractable enough, and this also lege naturae. And that custome which S. Paul call'd naturall in Greece, was not long naturall there. For the Bishops of Rome, when they made their Canons for Priests shavings, Picrius de barbis Sacerdotum. did it because they would have their Priests differ from the Priests of the Greek Church. So that S. Paul mentioning the law of nature, argues not from the weight and hainousnesse of the fault, as our adversaries use; but useth it as the nearest and most familiar and easie way to lead them to a knowledge of decencie, and a departing 1. Selfe-preservation is not so of particular law of nature, but that beasts naturally transgresse it, whom it binds more then us; and we, when the reason thereof ceases in us, may transgresse it, and sometimes must. from scandalous singularitie in those publique meetings.
SECT. II.
And though Azorius (as I said) and many others, make this Selfe-homicide an example of sin, against particular Law of Nature; yet it is onely upon this reason, that selfe-preservation is of Naturall Law. But that Naturall Law is so generall,
that it extends to beasts more then to us, because they cannot compare degrees of obligation and distinctions of duties and offices, as we can. For we know that Tho. 12. q. 51. ar. 7. Con. [some things are naturall to the species, and other things to the particular person] and that the latter may correct the first. And
•
. Things naturall to the species, are not alwaies so to the individuum
therefore when Fabricius Hist. Cicero, Ann. 30.
Cicero consulted the oracle at Delph
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s, he had this answer, [Follow your owne nature.] And so certainly that place, Gen. 2. 18.
[It is not good for the man to be alone,] is meant there, because if he were alone, Gods purpose of multiplying mankinde had beene frustrate. Yet though this be ill for conservation of our species in generall, yet it 3 Therefore some may abandon the world. may be very fit for some particular man, to abstaine from all such conversation of marriage or men, and retire to a sollitude. For some may need that counsell of Homil. 36. Oper. imperf. in Matth.
Chrysostome, [Depart from the high way, & transplant thy self in some inclosed ground: for it is hard for a tree which stands by the way side, to keep her fruit, till it be ripe.] Our safest assurance, that we be not mislead with the ambiguity of the word Naturall
e Th. 12. q. 94. ar. 4.
Law, and the perplex'd variety thereof in Authors, will be this, That [all the precepts of Naturall Law, result in these, Fly evill, seek good;]
4. First principles in naturall Law are obligatory, but not deductions from thence, and the lower we descend, the weaker they are. That is, doe according to Reason.
For these, as they are indispensable by any authority, so they cannot be abolished nor obscur'd, but that our hearts shall ever not onely retaine, but acknowledge this Law. From these are deduced by consequence, other precepts
which are not necessary alwaies; as Redde deposit
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. For though this seeme to follow of the first, Doe according to reason, yet it is not alwaies just. And as Aquinas saies, The lower you goe towards particulars, the more you depart from the necessitie of being bound to it. So De privilegiis Juris. l. 1. c. 8.
Acacius illustrates it more clearely, [It is naturall, and bindes all alwaies, to know there is a God. From this is deduced by necessary consequence, that God (if he be) must be worshipped; and after this, by likely consequence, that he must be worshipped in this or this manner.] And so every Sect will a little corruptly and adulterately call their discipline Naturall Law, and enjoyn a necessary obedience to it. But Sylvius Comment. ad leg. reg. proefat. c. 1. though our substance of nature, (which is best understood of the foundations and principles, and first grounds of Naturall Law,) may not be changed, yet functio nat
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a, (which is the exercise and application therof,) and deduction from thence may, and must. The like danger is in deducing consequences from this naturall Law, of Selfe-preservation; which doth not so rigorously, and urgently, and illimitedly binde, but that by the Law of Nature it selfe, 5 Pellicans, and Bees; by S.
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, kill themselves. things may, yea must neglect themselves for others; of which the Pellican is an instance, or an embleme.
And Hea
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. 5. cap. 1. St. Ambrose Philosophying divinely in a contemplation of Bees, after he hath afforded them many other prayses, sayes [That wh
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n they finde themselves guilty of having broken any of their
Kings Lawes, P
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nitenti condemnatione se mul
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tant, ut immoriantur a
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ulet sui vulnore.] Which magnanimity and justice, he compares there with the Subjects of the Kings of Persia, who in like cases are their owne executioners. As this naturall instinct in beasts, so rectified reason belonging onely to us, instructs us often to preferre publique and necessary persons, by exposing our selves to unevitable destruction.
No law is so primary and simple, but it foreimagines 6 The reason of almost every Law is mutable. a reason upon which it was founded: and scarce any reason is so constant, but that circumstances alter it. In which case a private man is Emperor of himselfe; for so B. Dorotheus Doctrinâ 12. a devout man interprets those words, [Faciamus hominem ad i
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ginom nostrum, id est, sui juris.] And he whose conscience well tempred and dispassion'd, assures him that the reason of selfe-preservation ceases in him, may also presume that the law ceases too, and may doe that then which otherwise were against that law.
And therefore if it be true that [it
Windeck,
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anonum & legum consens. & dissens. ca. 12.
belongs to the Bishop of Rome, to declare, interpret, limit, distinguish the law of God,] as their Doctors teach, which is, to declare when the reason of the Law 7 He that can declare when the reason ceases, may dispence with the Law. ceases: it may be as true which this Author, and the 25. q. 1. su
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quid
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. Canons affirme, that he may dispense with that Law: for hee doth no more, then any man might doe of himselfe, if he could judge as infallibly. Let it be true that no man may at any time doe any thing against the law of nature, yet,
Tho. 22. q. 88. ar. 10.
[As a dispensation workes not thus, that I may by it disobey a law, but that that law becomes to me no law, in
8. How dispensations worke.
that case wher the reason ceases;] So may any man be the Bishop & Magistrate to himselfe, and dispense with his conscience, where it can appeare that the reason which is the soule and forme of the law, is ceased. Because, Tho. 32. q. 89. ar. 9. as in Oathes and Vowes, so in the Law, the necessitie of dispensations proceedes from this, that a thing which universally considered in it selfe is profitable and honest, by reason of some particular event, becomes either dishonest or hurtfull; neither of which, can fall within the reach, or under the Commandement of any law; and in these exempt and priviledged cases, Acacius de privilegijs l. 1. ca. 3. [the priviledge is not contrajus universale, but contra universalitem juris.] It doth onely succor a person, not wound, nor infirme a law. No more, then I take from the vertue of light, or dignitie of the Sunne, if to escape the scortching thereof, I allow my selfe the reliefe of a shadow. 9. As nothing can annull the prerogative of Princes or Popes, though their own act seeme to provide against it; so no law doth so destroy mans liberty, but that he returnes to it, when the reason of the law ceases.
And, as neither the watchfulnesse of Parliaments, nor the descents and indulgences of Princes, which have consented to lawes derogatory to themselves, have beene able to prejudice the Princes non obstantes, because prerogative is incomprehensible, and over-flowes and transcends all law. And as those Canons which boldly (and as some School-men say) blasphemously say, Non licebit Papae, diminish not his fulnesse of power, nor impeach his motus propriores, (as they call
them) nor his non obstante jure divino, because they are understood ever to whisper some just reservation, sine justa causa, or rebus sic stantibus, so, what law soever is cast upon the conscience or liberty of man, of which the reason is mutable, is naturally condition'd with this, that it binds so long as the reason lives.
Besides, Selfe-preservation, which wee confesse to be the foundation of generall naturall Law, is 10. Selfe-preservation being but an appetition of that which is good to us, is not violated by this act. no other thing then a naturall affection and appetition of good, whether true or seeming. For certainly the desire of Martyrdome, though the body perish, is a Selfe-preservation, because thereby, out of our election our best part is advanc'd. For heaven which we gaine so, is certainly good; Life, but probably and possibly. For here it holds well which De resurrect.
Athenagoras sayes, [Earthly things and Heavenly differ so, as Veri-simile, & Verum;] And this is the best description of felicitie that I have found, That [Heptapl. 10. Pici. l. 7. proem. it is reditus uniuscujusque rei ad suum principium.] Now since this law of Selfe-preservation is accomplish'd in attaining that which conduces to our ends, and is good to us, (for Sylvius Com. ad leg. reg. praefat. l. 1. libertv, which is a faculty of doing that which I would, is as much of the law of nature as preservation is; yet if for reasons seeming good 11. Liberty, which is naturally to be preserved, may be departed with. to me, (as to preserve my life when I am justly taken prisoner, I will become a slave; I may doe it without violating the law of nature.) If I propose to my selfe in this SELF-HOMICIDE a greater good, though I mistake it, I perceive not
wherein I transgresse the generall law of nature, which is an affection of good, true, or seeming: and if that which I affect by death, bee truely a greater good, wherein is the other stricter law of nature, which is rectified reason, violated?
SECT. III.
Another reason which prevailes much with me and delivers it from being against the Law of 1. That cannot be against Law of Nature, which men have ever affected; if it be also, (as this is) against sensitive Nature, and so want the alluremēts of other sins. nature, is this, that in all ages, in all places, upon all occasions, men of all conditions, have affected it, and inclin'd to doe it. And as De Subtil. lib. 5.
Gardan sayes it, [Mettall is planta sepulta, and that a Mole is Animal sepultum.] So man, as though he were Angelus sepultus, labours to be discharged of his earthly Sepulchre, his body. And though this may be said of all other sinnes, that men are propense to them, and yet for all that frequency, they are against nature, that is rectifyed reason, yet if this sinne were against particular Law of nature, (as they must hold, which aggravate it by that circumstance,) and that so it wrought to the destruction of our species, any otherwise then intemperate lust, or surfer, or incurring penall Lawes, and such like doe, it could not be so generall; since being contrary to our sensitive nature, it hath not the advantage of pleasure and delight, to allure us withall, which other sinnes have.
And when I frame to my selfe a Martyrologe
of all which have perished by their own meanes 2. There are not so many examples of all other vertues, as of this one degree of Fortitude. for Religion, Countrey, Fame, Love, Ease, Feare, Shame; I blush to see how naked of followers all vertues are in respect of this fortitude; and that all Histories afford not so many examples, either of cunning and subtile devises, or of forcible and violent actions for the safeguard of life, as for destroying.
Petronius Arbiter who served Nero; a man of Petr. Arbiter. pleasure, in the office of Master of his pleasures, upon the first frowne went home, and cut his Veines. So present and immediate a step was it to him, from full pleasure to such a death.
How subtilly and curiously Attilius Regulus
Attil. Regulus. destroyed himselfe? Wo being of such integritie, that he would never have lyed to save his life, lyed to lose it; falsely pleading, that the Carthaginians had given him poyson, and that within few dayes he should dye, though he stayed at Rome.
Yet Codrus forcing of his death, exceeded this, Codrus. because in that base disguise he was likely to perish without fame.
Herennius the Sicilian, could endure to beat Herennius. out his own braines against a post; and as though he had owed thanks to that braine which had given him this devise of killing himselfe, would not leave beating, till he could see and salute it.
Comas who had been a Captaine of theeves, Comas. when he came to the to ture of examination, scorning all forraigne and accessorie helps to dye,
made his owne breath, the instrument of his death, by stopping and recluding it.
Annibal, because if hee should be overtaken Annibal. with extreame necessitie, he would be beholden to none for life nor death, dyed with poyson which he alwaies carryed in a ring.
As Demosthenes did with poyson carryed in a Demosthenes. penne.
Aristarchus when he saw that 72 yeares, nor Aristarthus. the corrupt and malignant disease of being a severe Critique, could weare him out, sterved himselfe then.
Homer which had written a thousand things, Homer. which no man else understood, is said to have hanged himselfe, because he understood not the Fishermens riddle.
Othryades who onely survived of 300 Champions, Othryades. appointed to end a quarrell between the Lacedemonians and Athenians, when now the lives of all the 300 were in him, as though it had been a new victory to kill them over again, kill'd himselfe.
Democles, whom a Greeke Tyrant would have Democles. forced, to show that he could suffer any other heat, scalded himselfe to death.
P
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rtia, Cato's daughter, and Catulus Luctatius
P
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rtia. Luctati
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. sought new conclusions, and as Quintilian calls them, [Nova Sacramenta pereundi,] and dyed by Declam. 17. swallowing burning coales.
Poore Terence because he lost his 108 translated Terence. Comedies, drown'd himselfe.
And the Poet Labienus, because his Satyricall Labienus. Bookes were burned by Edict, burnt himselfe too.
And Zeno, before whom scarce any is preferr'd, Zeno. because he stumbled, and hurt his finger against the ground, interpreted that as a Summons from the earth, and hang'd himselfe, being then almost
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oo yeares old. For which act, Diogenes Laertius proclaimes him to have been [Mira falicitate vir, qui incolumis, integer, sine Morbo excessit.]
To cure himselfe of a quartane, Portius Latro
Por. Latro. killed himselfe.
And Festus, Domicians Minion, onely to hide Festus. the deformity of a Ringworme in his face.
Hippionas the Poet rimed Bubalus the Painter Hippionas. to death with his Iambiques.
Macer bore well enough his being called into question for great faults, but hanged himselfe Macer. when hee heard that Cicero would plead against him, though the Roman condemnations at that time inflicted not so deep punishments.
And so Cessius Licinius to escape Cicero's judgement, Licinius. by choaking himselfe with a napkin, had (as Tacitus calls it) precium festinandi. You can Annal
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ib.
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scarce immagine any person so happy, or miserable, so repos'd or so vaine, or any occasion either of true losse, or of shamefastnesse, or frowardnesse, but that there is some example of it.
Yet no man, to me seemes to have made harder shift to dy, then Charondas, who first having Charondas.
made a new law, that it should be death to enter the Counsell Chamber armed, not onely offended that Law, but punished it presently by falling upon his sword.
But the generall houre of such death 3. Of the Romane Gladiators in great persons, and great numbers is abundantly expressed, in those swarmes of the Roman Gladiatory Champions, which, as L: 1. cap. 12. de Gladiator.
Lipsius collects, in some one month cost Europe 30000 men, and to which exercise and profusion of life, till expresse Lawes forbade it, Idem. l. 2. cap. 3. not onely men of great birth, and place in the State, but also women coveted to be admitted.
By Eleazars Oration recorded in De bell. Judai. l. 7. c. 28.
Josephus, we may see how small perswasions moved men to this. [Hee onely told them, that the
4 Small perswasions drew men to it.
Philosophers among the Indians did so. And that we and our children
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ere borne to dy, but neither borne to serve.]
And we may well collect, that in Caesars time, in France, for one who dyed naturally, there dyed 5 By the Soldurii in France it may be gathered, that more dyed so, then naturally. many by this devout violence. For Lib. 3. com. Bell. Gall. hee sayes there were some, whom he calls Devotos, and Clientes, ( Tholosa. Synt. lib. 14. cap. 10. N. 14. the latter Lawes call them Soldurios) which enjoying many benefits, and commodities, from men of higher ranke, alwaies when the Lord dyed, celebrated his Funerall with their owne. And Caesar adds, that in the memorie of man, no one was found that ever refused it.
Which devotion I have read some where continues
yet in all the wives in the Kingdome of 6. Wives in Bengala doe so yet.
Bengala in the Indies.
And there not onely such persons, as doe it in 7. The Samanaei which were Priests in the Indies used to doe it. testimony of an entire dependency, and of a gratitude, but the Porphyr. de Abstin. antiq.
Samanaei, (which did not inherite Religion, and Priesthood, and wisedome, as Levites did amongst the Jewes, and the Gymnosophists amongst them, but were admitted by election, upon notice taken of their sanctity) are sayd to have studied wayes how to dye, and especially then when they were in best state of health. And yet Heurnius de philosoph. Barbar. l. 2. ca. 2. these Priests whose care was to dye thus, did ever summe up, and abridge all their precepts into this one, Let a pious death determine a good life. Such an estimation had they of this manner of dying. Panegyr. Theodosio. How pathetically Latinus Pacatus expresses the sweetnesse of dying when we will; 8. Lat. Pacat. expresseth this death pathetically.
[Others, sayth he, after the conquest, making a braver bargaine with Destiny, prevented uncertaine death by certaine; and the slaves scaped whipping by strangling. For who ever fear'd, after there was no hope
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Or who would therefore for beare to kill himselfe, that another might? Is anothers hand easier then thine own? Or a private death fouler then a publique? Or is it more pain
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to fall upon thy sword, and to oppresse the wound with thy body, and so receive death at once, then to divide the torment, bend the knee, stretch out the necke; perchance to more then one blow?] And then wondring why Maximus, who had before murdered Gratia
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, and was now suppressed by Theodosius, had not enjoyed the common benefit of killing
himselfe, he turnes upon Gratian, and sayes, [Thou Reverend Gratian, hast chased thin
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Executioner, and would'st not allow him leasure for so honest a death, least he should staine the sacred Imperiall robe with so i
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pious bloud, or that a Tyrants hand should performe thy revenge, or thou bee beholden to him for his owne death.] And with like passion speakes another Panegyrique to Constantine, who after a victorie, tooke their swords from the conquered, Ne quis incumberet dolori. By which language one may see, how naturall it was to those times, to affect such dispatch.
And in our age, Matal. Metel. praefat. in hist. Osorij. when the Spaniards extended that Law, which was made onely against the Canibals, that they who would not accept Christian Religion, should incurre bondage; the Indians
9. How the Spaniards corrected this naturall desire in the Indians.
in infinite numbers escaped this by killing themselves; and never ceased, till the Spaniards by some counterfeitings made them thinke, that they also would kill themselves, and follow them with the same severity into the next life.
And thus much seeming to me sufficient, to defeate that argument which is drawen from Selfepreservation, and to prove that it is not so of particular law of Nature, but that it is often transgressed naturally, wee will here end this second Distinction.
Distinction III.
SECT. I.
AFter this when men by civ
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litic and mutuall use one of another, became more thrifty of themselves, and sparing of their lives, this solemnity of killing themselves at funeralls wore out Sylvius Com. ad leg. reg. c. 24. and vanish'd; yet leysurely, and by unsensible dimunitions. 1 After civility and christianity quen ched this naturall desire, in the place therof, there succeeded a thirst of Martyrdome.
[For first in shew of it, the men wounded themselves, and the women scratch'd and defaced their cheekes, and sacrific'd so by that aspersion of blo
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d. After that, by their friends graves they made graves for themselves, and entred into them alive, (as Nunnes doe when they renounce the world.) And after
2 How leisurely the custome of killing at funerals wore out.
in show of this show, they onely tooke some of the earth, and were it upon their heads: and so for the publique benefit were content to forfeit their custome of dying]
And after Christianitie, which besides the many 3 Moses delivered, and the philosophers saw the state of the next life, but unperfectly. advantages above all other Phylosophies, that it hath made us clearely to understand the state of the next life: which Moses and his followers (though they understood it) disguis'd ever under earthly rewards, and punishments; either because humane nature after the first fall, till the restituti on and dignification thereof by Christ, was generally incapable of such mysteries, or, because it was reserved to our blessed Saviour to interpret and comment upon his owne Law, and that
great successive Trinity of humane wisedome, Socrates, Plato, and Aristotle, saw but glimmeringly and variously; as also for matters of this life, the most Stoick and severe Sect that ever Cast bridle upon mankind, I say, after Christianity had quench'd those respects of fame, ease, shame, and such, how quickly naturally man snatch'd and embraced a new way of profusing his life by Martyrdome?
SECT. II.
For whil'st the famous acts, or famous suffrings of the Jewes, for defence even of Ceremonies, 1 That this was for the most part insinuated into men by Naturall reasons, and much upon humane respects. (many thousands of them being slaine, onely because they would not defend themselves upon the Saboth;) And whil'st the custome of that Nation ever embrued in sacrifices of blood, and all, most of all other Nations devout and carnest even in the immolation of men. And whil'st the example of our blessed Saviour, who chose that way for our Redemption to sacrifice his life, and profuse his blood, was now fresh in them, and govern'd all their affections, it was not hard for their Doctors even by naturall reasons, and by Stromat. l. 4. examples to invite, or to cherish their propensnesse to Martyrdome.
Clement therefore when h
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handles this point, scarce presents to them any other argument then 2 So proceeded Clement.
naturall men were capable of, and such food, and such fuell, as would serve the tast and fervour
of such an one as were not curious above Nature. As, that Death was not naturally evill: That Martyrdome was the beginning of another life. That the Heathen endured greater paines for lesse reward. That a Barbarous people immolated every yeare a principall Philosoper to Xamolxis an Idol; and they upon whom the lot fell not, mourn'd for that. And with most earnestnesse that Martyrdome is in our owne power: which be arguments better proportioned to Nature, then to Divinity; and therefore Clement presumed them men inclined, or inclinable by nature to this affection.
Tertullians Reasons are somewhat more sublime; L. cont. Gnostic. yet rather fine, and delightfull, then sollid 3. So did Tertullian.
and weighty; As, That God knowing man would sin after Baptisme, provided him, Secunda solatia, lavacrum Sanguinis: That the death of Saints, which is said to be precious in Gods sight, cannot bee understood of the naturall death common to all: And that from the beginning in Abel righteousnesse was afflicted. And these reasons were not such as would have entred any, in whom a naturall inclination had not set open the gates before.
Cyprian also takes the same way; and insists Lib. de exhort. Martyrii ad fortunatum. So did Cyprian. upon application of Prophecies of these two sorts; That they should bee despised in this world, and that they should be rewarded in the next.
To these were added externall Honours,
Tertul. de Corona Milit. Annuall celebrating their Memories, and entitling their deaths, Natalitia; And Damasc. & Platin. that early instituting of the office of Notaries to regulate 4 Externall Honours to Martyrs. their passions, even i
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Clemens time; And Hadr. Junius in Eunapii vita the proposing their Salita capita to bee worshipped; which word (though Eunapius speake it prophanely) was not undeserved by the generall 5 Monopolie of Martyrdom misuse of such devotion.
And Fevardentius l. 8. c. 13. Baron. Martyr. cap. 0. after the Monopoly of appropriating Martyrdome, and establishing the benefit thereof upon them onely which held the integritie of faith, and were in the unity of the Church; of which persuasion Augustine, and Hierom, and most of the Ancients are cited to be; and then by continuall increasing the dignity and merit of it, as that Carbo. Cas. Cons. To. 2. pa. 2. c. 6.
ex opere operato, it purged actuall sinne, as Baptisme did originall; And De poeuiten. Dist. 1. Si qui autē. Ex Aug. de poenitent. that without Charitie, and in Schisme, though it merited not salvation, yet it diminished the intensnesse of Damnation.
And by these they incited mans nature to it, 6 Gods punishments up
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n their persecutors, encouraged men to Martyrdome. which also might be a little corruptly warmed towards it, by seeing them ever punisht who afflicted them, for so Ad Scapulam.
Tertullian saies, that [no City escaped punishment, which had shed Christian bloud.]
7. Extending priviledges of Martyrs to many.
After this, they descended to admit more into their fellowship, and communicate and extend these p
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iviledges: for by such indulgence are Aug. Epist. ad Hieron. 28. De Nat. & Orig. Anim.
Herods Infants Martyrs: So is John Baptist, though he dyed not for a matter of Christian
faith: So Aph
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ris: Eman. Sa. verbo Martyr. is he which suffers for any vertue, and he which dyes in his mothers womb, if she be a Martyr. Tho. 22r q. 124. ar. 4. ad quart. And so is he which being for Christian profession wounded deadly, recovers: and hee which being not deadly wounded, dyes after of sicknesse contracted by his owne negligence, if that negligence amounted not to mortall sinne.
So not onely the sickly and infirme succeeding 8. Contrary reasons cheerished this desire in them. Ages, but even the purest-times did cherrish in men this desire of death, even by contrary reasons; both which notwithstanding by change of circumstances, had apparance of good. For as fire is made more intense, sometimes by sprinkling water, sometimes by adding fuell. So when 9 Cyprian Libellatici. Compounders with the State. their teachers found any coolenesse or remissenesse in them, and an inclination to flight, or composition with the State, then Serm
•…
de lapsis.
Cyprian noted such with the ignominy of Libellatici, because they had taken an acquittance of the State, and sayes of them [Culpa minor sacrificatorum, sed non innocens cons
•…
entis.]
And then De suga. pr
•…
positio, 2.
Terrullian equally infames flying away, and such marchandizing, when hee sayes, [Persecution must not be redeemed; for running
10 Ter
•…
llian condemnes flying in persecution.
away is a buying of your peace for nothing, and a buying of your peace for money is a running away.]
And then we shall finde that even against the 11 Death became to bee held necessary to make one a Martyr. nature of the word Martyre, it became the common opinion, that death was requisite and necessarie to make one a Martyr.
So in Hist. l. 5. 6. 2.
Eusebius, the Christians though afflicted, modestly refuse the name of Martyrs, and professe that they have not deserved it, except they may be kill'd.
Contrary wise in other times when the disease 12. In times when they exceeded in discreet exposing themselves, they taught that Martyres might be without dying. of head-long dying at once, seemed both to weare out their numbers, and to lay some scandall upon the cause, which wrought such a desire in men, which understood not why they did it, but uninstructed, uncatechized, yea unbaptized, (but that the charity of the Supervivers imputed to them Baptisma fluminis, as they hope, or at least, Sanguinis, for that they saw) did onely, as they saw others doe; Then I say (as Azor. Mor. Inst. p. 2. l. 5. cap. 7. a Learned Writer of our time sayes, [That the Church abstaines from easie Canonizing, Ne vilesceret Sanctit as] (which is not here Holinesse, but Saintship) least the dignity of Martyrdome should be aviled by such promiscuous admittance to it, they were often contented to allow them the comfort of Martydome without dying; which was but a returning to the natuturall sense of the word.
So Ignatius stiles himselfe in his Epistles, Martyr. Ad Polycarp. Yea more then the rest he brought down the value thereof, and the deare purchase, for he sayes Ad Smirnen.
[That as he which honors a Prophet in the name of a Prophet, shall have a Prophets reward; So hee shall have a Martyrs reward which honors [vinctum Christi.] And so our most blessed Saviour, proceeding in his mercifull purpose of encreasing his
Kingdome upon earth, yet permitting the Heathen Princes to continue theirs as yet, the Christian Religion was dilated and oppressed; and the professors thereof, so dejected and worne with confiscations and imprisonments, thought that as in the Exed. 12. 7.
Passeover from Egypt every doore was sprinkled with blood; So Heaven had no doore from this world but by fires, crosses, and bloody persecutions: and presuming Heaven to be at the next step, they would often stubbornly or stupidly winke, and so make that one step.
God forbid any should be so malignant, so to mis-interpret mee, as though I thought not the blood of Martyrs to be the seed of the Church, or diminished the dignity thereof; yet it becomes any ingenuity to confesse, that those times were affected with a disease of this naturall desire of such a death; and that to such may fruitfully be applyed those words of the good B: Paulinus,
Sever
•…
. cp. 2.
[Athleta non vincit statim, quia eruitur: nec ideo transnatant, quia sespoliant.] Alas! we may fall & drown at the last stroke; for, to say le to heaven it is not enough to cast away the burdenous superfluities which we have long carried about us, but we must also take in a good frayte. It is not lightnesse, but an even-reposed stedfastnesse, which carries us thither.
But De Contempt. mortis.
Cyprian was forced to finde out an answer 13 Cyprian. profes. Men who offered their lives before they were called. to this lamentation, which he then found to be common to men on their death beds, [Wee m
•…
urne because with all our strength we had vowed our
selves to Martyrdome, of which we are thus deprived, by being prevented by naturall death.] And Baroni. Mar. 2. Ian. H. for them who before they were called upon, offered themselves to Martyrdome, he is faine to provide the glorious and satisfactory name of Professors.
From such an inordinate desire, too obedient 14 Enforcers of their owne Martyrdome. to nature, proceeded the fury of some Christians Euseb. Hist. l. 8. c. 9. who when sentence was pronounced against others, standing by, cryed out, Wee also are Christians.
And that inexcusable forwardnesse of Germanus,
Hict. l. 4. c. 14. who drew the beast to him, and enforced 15 Examples of inordinate affecting of Martyrdome. Germanus.
it to teare his body; And why did he this? Eusebius delivers his reason; That he might bee the sooner delivered out of this wicked and sinfull life. Which Hist. l. 4. c. 10. acts Eusebius glorifies with this prayse, [That they did them mente digna Philosophis] So that it seemes wisest men provoked this by their examples; As Meir. & Iosep.
Ioseph. de bel. Iud. l. 7. c. 11. at the burning of the temple at Hierusalem, Meirus and Iosephus, though they had way to the Romans, cast themselves into the fire. How passionately Ignati. epist. ad Roman.
Ignatius solicites the Roman Christians not to interrupt his death. [I feare saith he, your charity will hurt me, and put me to beginne my course again, except you endeavour that it may be sacrificed now. I professe to all Churches; quod voluntarius morior] 16 Ignatius solicitation for it.
And after, Blandiciis demulcere feras; entice and corrupt the Beasts to devoure me, and to be my sepulchre, fruar best is, Let me enjoy those beasts, whom I wish much more cruell then they are; and if
they will not attempt me, I will provoke and draw them by force] And what was Ignatius reason for this, being a man necessary to those Churches, and having allowable excuses of avoiding it? [quia mihi utile mori est.] such an intemperance urged the woman of Edissa,
Nicephor. l. 11. c. 21. when the Emperour Edissenae.
Valens had forbidden the Christians one temple, to which particular reasons of devotion invited them, to enrage the Officers with this Contumely, when they asked her, why thus squallid, and headlong she dregg'd her sonne through the streets, I do it least when you have slaine all the other Christians, I and my sonne should come to late to partake that benefit. And such a disorderly heate possessed that Speculum vinc. To. 4. l. 11. c. 40. old wretched man, which passing by after the execution of a whole legion of 6666, by iterated decimation, under Maximianus, although he were answered that they dyed, not onely for resisting the Roman Religion, but the State, for all that, wish't that he might have the happines to be with them, and so extorted a Martyrdome. For that age was growne so hungry and ravenous of it, that many were baptized onely because they would be burnt, and children taught to vexe and provoke Executioners, that they might be thrown into the fire.
And this assurednesse that men in a full perswasion 17 Lawes forbidding more executions made to despite Christians. of doing well would naturally runne to this, made Bod. Daemon. l. 4. c. 3. ex Tertulli. the proconsul in Africk proclaime, Is there any more Christians which desire to dy,
and when a whole multit
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de by gen
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rall voice discovered themselves, he bid them [Goe hang and drown your selves and ease the Magistrate.] A
•…
d this naturall disposi
•…
ion, Alc. 72. Az. afforded Mahomet an arg
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ment against the Jews, [if your Religion be so good, why doe you not dy?] for our p
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mitive Chu
•…
ch was so enamo
•…
ed of death, and so satisfied with it, that to vex and torture them more, Ex Tert
•…
l. Bod
•…
. s
•…
ra the M
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gistrate made lawes to take from them the com
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ort of d
•…
ing, and encreased thei
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persecu
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ion by c
•…
asing it, for they gloried in their Numbers.
And as in o
•…
her w
•…
fares men m
•…
ster an
•…
reckon 18 Glory in the nu
•…
bers of Martyrs. how m
•…
ny they bring into the
〈◊〉
, their confidence of victory was in the multitudes of t
•…
em which were lost. So th
•…
y adm
•…
t into the Catalogue Herods
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nfants, and the
〈◊〉
Virgins. And Stecul. Vin. To. 4. l. 10 c. 88. when 9000 Souldiers u
•…
der Adrian by apparition of an Angel are said to have embraced Christian Religion, and when
•…
he E
•…
perour sent others to execute them, 1000 of those ex
•…
cutioners joyn'd to them and so the who
•…
e 10000 were crucifi
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d Supra. so. 66. And of an intirelegion massacred at once we spoke but now. And Baronius
Barom. Mart. 22. Iune. speakes of 10000 cr
•…
cified in Armenia, celebrate upon the 22th. of June: whether divers from the
•…
0000 under Adrian or no, I have not examined. Homil. 27. in Evangel. Saint Gregory says, [Let God number our Martyrs, for to us they are more in number then then the sands.] And Martyrolog. cap. 8.
Baronius saies, That excepting the first of January, (whic
•…
ye
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in the Rom
•…
n
Martyrologe records as many, as most other daies) there is no day which hath not 500 Martyres; almost every one hath 900, or 800.
SECT. III.
And when the Church encreased abundantly under 1. That Heretiques seeing the dignity gained by Martyrdome, laboured to avert them from it, but could not correct this naturall inclination. all these
〈◊〉
for, As in profane and secular wars, the greater the Triumphs of a
〈◊〉
are, the greater also are his Armies, because the
•…
more and more co
•…
cur to his splendor, and to prat
•…
ipate his fortu
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es; So in this spirituall warfare, t
•…
e greater the triumphant Church was, the greate
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g
•…
ew the Militant, assisted both with the Example &
〈◊〉
of the o
•…
her. And when all these treadings downe did but harrow our Saviours field, a
•…
d prepare and better it for his Harvest, The bl
•…
ud of the
〈◊〉
(for though, a
•…
say still, very many dyed out of a naturall
〈◊〉
of despis
•…
g th
•…
s
〈◊〉
, a great number had their di
•…
ect ma
•…
ke upon the glory of God, and went to it awake) having, as a Lib. 4. cap. 2.
N
•…
cephorus sayes, almost strangled the Devill, hee trye
•…
by his two greatest Instr
•…
ments, (when they are
•…
is) the Magistrate, and the Learned, 2. The Devill labo
•…
s the Magistrates to
〈◊〉
their, d
•…
sire of dying to ave
•…
t them fr
•…
m this inclination.
For, suggesting to the Magistrate that their forwardn
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sse to dy
•…
, gr
•…
w onely from their faith in the Resurrection, he
Specul. Vinc. To. a. cap. 102. lib. 10. procur'd th
•…
re bo dyes to be burnt, and their ashes scattered into
Rivers, to frustrate and defeat that expectation; And he raised up subtile Heretiques, to infirme and darken the vertue and majestic of Martyrdome.
Of which the most pestilently cunning Basilides, foresuspecting that hee should not easily Basilides heref. Anno 13
•…
. remove that desire of dying, which Nature had bred, 3. Basilides denyed Christ to have been crucifyed, & that therefore they dyed madly. and Custome confirmed in them, tryed to remove that which had root onely in their Religion, as being yet of tenderer growth, and more removable then naturall impressions. Therfore he offered not to impugne their exposing themselves to death in all cases, but onely said, Alfon. Castr. verb. Martyr. ex Philast. that it was madnesse to dye for Christ, since he, by whose example they did it, was not crucified, but Symon who bore the Crosse.
Another Prateolus l. 5. ex Niceph. Heretique, called Helchesar, perceiving that it was too hasty to condemne the act of Martyrdome even for Christ, thought 4. Helchesar that outward profession of Religion was not needfull. onely to slacken their desire to it, by teaching, that in time of Persecution, so wee kept our heart at Anchor safe, we were not bound to testifie our Religion by any outward act, much lesse by dying.
Which Doctrine the Gnostici also taught, but 5. That also the Gnostici taught, and why they prevailed not. prevailed little, both because the contrary was rooted in Nature, and because they accompanied this doctrine, with many others, foule and odious even to sense; and because they were resisted by Tertullian, a man mighty, both in his generall abilities, and in his particular and professed
earnestnesse to magnifie Martyrdome: And against these he writ his Scorpiacum.
SECT. IIII.
This way giving no advantage to Hereticks, 1. That Hetiques failing herein, tooke naturall ways, of overtaking the Orthodox in Numbers of Martyrs. they let loose the bridle of their owne nature too, and apprehended any occasion of dying as forwardly as the Orthodoxall Christians. And because the other prescrib'd against them, and were before hand with them in number, to redeeme time and overtake them, they constituted new occasions of Martyrdome.
Alf. Castr. ver. Martyrium
Petilian against whom St. Aug: writ, taught, 2. Petilian new way of Martyrdom. that whosoever kill'd himself as a Magistrate, to punish a sinne committed before, was a Martyr.
And they who are by Saint Augustine, and others, called Circumcelliones, and Circuitores, (because 3. Another new way of the Circumcelliones & Circuitores.
(I thinke) as their Master, they went about to devoure) would entreate, perswade, enforce others to kill them, and frustrated after all those provocations, would doe it themselves, and by their survivors bee celebrated for Martyrs. These were of the To. 2. Ep. 50.
Donatists, of whom Saint Augustine sayes, To kill themselves out of respect of Martyrdome, was Ludus Quotidianus Other Hereticks also, whose errors were not about Martyrdome, hastened to it. So the 4. The Cataphrgyae exceed in Number.
Prateolus.
Cataphrygae, who erroniously baptizing the dead, Ordaining Women, Annulling second Marriges, and erring in such points, Baron. Martyr. C. 10. could soone boast of their number of Martyrs; perchance
because Tertullian being then on their part, they found him, as he was wheresoever hec me, a hot encourager of men to Martyrdome. It is complain'd in Hist. l. 5. c. 15
Euse
•…
ius, that Heretiques seeing their arguments confuted, fled
•…
ow to their number of Martyrs, in wh
•…
cn they pretended to exceed the others. And from their numbers of Martyres, Baron. Martyrol. ca. 10. Ex Epiph. Haer. 80 the Euphenita called themselves Martyrians. And thereupon Schul
•…
ingius, To. 3. ca. 177. 10. Euphemitae therefore called Martyrians
Baro
•…
us saies, [Amongst the heath
•…
n, perchance you may heare, and the e
•…
fina one Emped
•…
cles, which will burne himself, but amongst the Donat
•…
sts, Hominum examina.]
SECT. V.
So that the authoritie gained by their forwardnesse 1. Hereupon Councels took it into their care to distinguish true Martyrs, from those who dyed for naturall and humane respects. a Conc. Laodic. Can. 33. to equall the number of true Martyrs, w
•…
s so great, and began so farre to perplex the world, that some Councels foreseeing, that if both sides did it equally, it would all be imp
•…
ted to humane respects, began to take it into their care to provide against it. And th
•…
reupon Councell exhibites an expresse Canon. That no Christian leaving true Martyrs, should goe to false,
•…
uia alteni à D
•…
o. And Conc. Carth. 1. C. 2. another corrects the other H
•…
esie of diminishing the reputation of Martyrs thus, Martyr
•…
m dignitatem nemo profanus infamet.
SECT. VI.
Thus when the true Spirit of God drew many, 1 Therefore later Authors do somewhat remit the Dignity of Martyrdome. the spirit of Contention m
•…
ny, and other naturall infirmities more, to expose themselves easily to death, it may well be thought, that from thence the Au
•…
hors of these lat
•…
er Ages; have somewhat remitted the intensn
•…
sse of Martyrdome, and mingled more all
•…
yes, or rather more m
•…
tall, and not made it of so great valu
•…
alone, as those earnest times did: for since 2
•…
. q. 124. ar. 3. Saint
•…
homas said, [That though Martyrdome be a worke of greatest perfection, yet it is not of it selfe, but as it is wrought by charity, and expresses that]
Vasquis
De Adoratione l. 1. N. 42.
〈◊〉
Cord
•…
bensis for saying that it is any worship of God:
•…
or [it is not sayes he, a Sacrifice nor worke of Religion, but of fortitude, which is but a morall virtue] Therefore it is now Navar. Man. c. 1. Nu. 40. taught, [that it is a mortall sinne to provoke another to inflict Martyrdome.] And Carbo. Cas. Cons. To. p. 2. c. 6. a Martyr, (though
〈◊〉
purge much) is bound to clense himselfe by everv one of the Deg
•…
ees of penance, for saith Ca
•…
bo, [it is not Sacramentum, but opus
〈◊〉
.] So they seeme tender and
〈◊〉
by addition of
〈◊〉
inc
•…
ements, to cherish or further that
〈◊〉
of dying, to which by reason of our
〈◊〉
, and this worlds encumbrances, our nature is too propense 2 The Iesuits still professe an enormous love to such death. and inclined.
Onely the Iesuits boast of their hunting out of
Martyrdome in the new worlds, and of their rage till they finde it. Clarus Bonarsicus Amphitheat. Hono. l. 1.
〈◊〉
. 4. He which hath brought them all upon one Scene, saies that [Altonsus Castro at his execution in the Molucca, was so overjoyed that he forgot his modesty: [Rapimus Martyrium, sayes he, spontanea irruptione,] And [one would think that it were a disease in us,] [Which we doe, least the rest of our life should be Meritis sterile, & gloria vacuum] [we bargaine and contract with our profession, upon that Condition, that we may prodigere animas in hostili ferro;] [And we possesse no more, then such small matters as onely serve to cut off our life.] So that, if this desire of dying be not agreeable to the nature of man, but against it, yet it seemes that it is not against the nature of a Iesuite. And so we end this Distinction, which we purposed onely for the consideration of this desire of Martyrdome, which swallowed up all the other inducements, which, before Christianity contracted them, tickled and inflamed mankinde.
Distinction IIII.
SECT. I. 1 Lawes and customes of well policed estates having admitted it, it is not likely to be against law of Nature.
THere remaines onely for the fourth and last Distinction of this first part, our reason by which this SELF-HOMICIDE seemes to me to
escape the breach of any Law of Nature, which is, that both expresse literall Lawes, and mute Law, custome, hath authorized it, not onely by suffering, and connivency, but by appointing it.
And it hath the countenance not onely of 2 True and Idaeated common-wealths have allowed it. many flourishing and well policed states, but also of Imaginary Common-wealths, which cunning Authors have Idaeated, and in which such enormous faults are not like to be admitted. Amongst the Athenians condemned men were At benians. their own executioners by poyson. And amongst the Romans often by bloodlettings. And it is Romans. recorded of many places, that all the Sexagenarii,
Depontum. were by the lawes of wise States, precipitated frō a bridge. Of which, if Hierogliph. l. 17.
Pierius his conjecture be true, that this report was occasioned by a custome in Rome, by which men of that age were not admitted to surffage; And because the way to the Senate was per pontem, they which for age were not permitted to come thither, Ceans. were called Depontani, yet it is more certaine, that Aelianus. l. 3. cap. 26. amongst the Ceans unprofitable old men poysoned themselves; which they did crown with garlands, as triumphers over humane misery. And the Diod. Sicul. l. 2. bib. Aethiopians.
Ethiopians loved death so well, that their greatest Malefactors being condemned to banishment, escaped it Ordinarily by killing themselves. Dig. l. 48. tit. 3. leg. final. The civill law, where it appoints no punishment to the delinquent in this 3 Civill law and all others, presume it, in condemned men. case, neither in his estate nor memory, punishes
a keeper, if his prisoner kill himselfe; out of a prejudice, that if meanes may be afforded them, they will all doe so.
And do not we see it to be the custome of all Nations now, to manacle and disarme condemned men, out of a fore-assurance that else they would escape death by death? Vtop. l. 2. c. de servis. Sir Thomas Moore (a man of the most tender and delicate conscience, that the world saw since Saint Augustine
4 In Vtopia authorised.) not likely to write any thing in jest mischieuously interpretable, sayes, That in Vtopia, the Priests and Magistrates did use to exhort men afflicted with incurable diseases, to kill themselves, and that they were obeyed as the interpreters of Gods will; But that they who killed themselves without giving an account of their reasons to them, were cast out unburied. And De leg. 9.
Plato who is usually cited against this 5 And by Plato in certaine cases. opinion, disputes in it, in no severer
•…
ashion, nor more peremptory then thus, [What shall we say of him, which kills his nearest and most deare friend? which deprives himselfe of life, and of the purpose of destiny? And not urged by any Sentence, or Heavy Misfortune, nor extreame shame, but out of a cowardlinesse, and weaknesse of a fearfull minde, doth unjustly kill himselfe? What Purgatory, and what buriall by law b
•…
longs to him, God himselfe knowes. But let his friends inquire of the Interpretors of the law, and doe as they shall direct.] You see nothing is delivered by him against it, but modestly, limitedly, and perplexedly.
And this is all which I will say of the first 6 Conclusion of the first part. member of that definition of sinne which I undertooke, which is, transgressing of the Law of Nature. Wherein I make account that I have sufficiently delivered and rescued this Selfe-homicide, from any such violating of the Law, as may aggravate the fact, or make it hainous.
Second Part.
Distinction I. Of the Law of Reason.
SECT. I.
THat part of the Definition of sin, which wee received for the second place, is, 1. That the law of reason, is, conclusions drawne from primary reason by discourse. That it be against the Law of Reason; where, if we should accept Reason for Recta Ratio, (especially primarily, and originally,) it would be the same as Law of Nature. Therefore I rather choose to admit such an acceptation thereof, as may bring most doubts into disputation, and so into clearenesse.
Reason therefore in this place shall signifie conclusions drawne and deduced from the primary Reason, by our discourse and ratiocination: And so sinne against reason, is sinne against such arguments and conclusions as may by good consequence be de
•…
ived from primary and originall Reason, which is light of nature.
This primary reason therefore, against which 2. How much strength, Reasons deduced have. none can plead lycense, law, custome, or pardon, hath in us a soveraigne, and masculine force; and by it, through our Discourse, which doth the motherly office of shaping them, and bringing them forth and up, it produces conclusions and resolutions.
SECT. II.
And as in earthly Kingdoms, the Kings children, 1. Of this sort of Reasons, generall lawes have the greatest authority. and theirs, and their race, as farre as we may reasonably presume any tincture of blood, have many priviledges and respects due to them, which yet were forfeited if there appeared any bastardy or interruption of lawfull descent from that roote; And though these respects and obsequiousnesse, belong to them as they are propagated from that roote, and as some sparks of that Soveraignty glimmer in them, yet their Servants and Officers take them where they finde them, and consider them onely as Dukes, or Lords, and possessors of patrimoniall estates, but every mans heart and allegeance is directed
and fastned upon the Prince, and perchance a step or two lower, with a present and immed ate relation to the father, and what they have from him. So whē from those true propositions, which are the eldest children and issue of our light of Nature, and of our discourse, conclusions are produced, those conclusions also have now the Nature of propositions, and beget more; and to all these there belongs an assent and submission on our parts, if none by the way have beene corrupted and bastarded by fallacy. And though (as in the other case) men of a weake disposition, or lazey, or flattering, looke no farther into any of these propositions, then from whose mouth it proceeds, or what authority it hath now, not from whence it was produced, yet upon the heire apparent, which is, every necessary consequence from naturall light, every mans resolution is determin'd, and arrested by it, and submitted to it. And though humane lawes, by which Kingdomes are policed, be not so very neare to this Crown of certaine Truth, and first light, (for if they were necessary consequences from that law of nature, they could not be contrary in divers places and times, as we see lawes to be) yet I doe justly esteeme them neerer, and to have more of that bloud royall in them, then the resolutions of particular men, or of Schooles.
Both because it is of the essence of all humane 2. For that is of there essence that they agree with law of Nature. law, that it agrees with nature, (I meane for the obligation in interiori fore, without which a law
hath no more strength, then an usurper, whom they which obey, watch an oportunity to dispossesse.)
And because Assemblies of Parliaments, and 3. And there is better testimony of their producing, then of private mens opinions Councels, and Courts, are to be presumed more diligent for the delivery and obstetrication of those children of naturall law, and better witnesse that no false nor supposititious issue be adm
•…
tted, then any one man can be. For Dig. l. 1. tit. 3. le. 1. lex est. the law is therefore well call'd Communis Reip. sponsio, because that word signifies as well, that, to which they have all betroth'd themselves, as, the securitie and stipulation which the State gives for every mans direction and assurance in all his civill actions. Since therefore we have in the first part throughly examined, whether this Selfe homicide be alwayes of necessitie against the law of nature, it deserves the first consideration in this second part, to inquire how farre humane Lawes have determin'd against it, before wee descend to the arguments of particular Authors, of whatsoever reverence or authoritie.
SECT. III.
And because in this disquisition, that law hath 1. Of lawes, the Imperiall law ought first to be considered. most force and value, which is most generall, and there is no law so generall, that it deserves the name of Jus gentium; or if there be, Dig. l. 1. T. 1. le. 9. omnes. it will bee the same, (as wee said before) as Rocta Ratio, and so not differ from the law of Nature.
To my understanding, the Civill or Imperiall law, having had once the largest extent, and being 2 The reason of that law is not abolished, but our dependency upon it. not abandon'd now, in the reason, and essence, and nature thereof, but onely least the accepting of it should testifie some dependencie upon the Empire, we owe the first place in this consideration to that Law.
This therefore which we call the Civill Law, 3 Why this is called civill Law. (for, though properly the Municipall Law of every Nation be her Civill Law, yet Romes Emperors esteeming the whole world to be one City, as her Bishops doe esteeme it one Diocesse, the Romane Law hath wonne the name of Civill 4 Of the vastnes of the books from whence it is concocted, and and of the extent thereof. Law, being a Iustinian. ep. ad Trebonian. decoction and composition of all the Regall Lawes, Dec
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ees of the Senate, Plebescites, Responsa Prudentum, and Edicts of Emperors, from 1400. yeares before Justinian, to so long time after, as the Easterne Emperors made them authentique; being of such largenesse, as Iustinian cpi. ad DD. de Jur. docend. arte.
Iustinians part thereof consists of 150000. of those distinctions which he calls verses, and is the summe and marrow of many millions, extracted from 2000. Volumes.
This Law which is so abundant, that Wind. Theolog. Iur. almost all the points controverted betweene the Romane and the reformed Churches, may be decided and appointed by it. This Law, I say, which both by 5 Nothing in this law against our case. penalties, and Ana
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hemaes, hath wrought upon bodies, fortunes, and consciences, hath pronounced nothing against this Selfe-homicide, which we have now in disputation.
It is true that of Adrian the Emperor, who was 6. Of the law of Adrian.
about 120. yeares after Christ, we finde one Rescript, in the body of the Law, [Dig. lib. 48. tit. 19. le. 38. Si quis aliquid. § Qui miles.
That if a Souldier do attempt to kill himselfe, and not effect it, except he offred it upon impatience of griefe, or sicknesse, or sorrow, or some other cause, capite plectatur.] Which Rescript is repeated againe in another Dig. lib. 49. tit. 10. le. 6. Omne delictum. Title, and there (though the other generall clause, or some other cause, might seeme to have reach'd farre inough,) are added especially for excusing causes, [wearinesse of life, madnesse, or shame.] You see with what moderate gradations this Law proceeded, which being (as it seemes) to contend and wrestle with a thing customary, and naturally affected, extends not at all to punish it when it is done, as in many other crimes the Lawes doe, by confiscation, and by condemning the memory of the delinquent, and ignobling his race.
Nor embraces it all manners of doing it; (yea scarce any, considering how benignly, and favorably penall Lawes are to be interpreted:) Nor overtakes it all men, but onely such as being of present use, as well much disadvantage might grow to the Army, if sodainly any numbers of them should be suffered to turne upon this naturall and easie way of delivering themselves from painfull danger, as much dammage to the State, if those men matriculated for Souldiers, to whom there belong'd by the lawes, as many priviledges and immunities under the Romane Emperors, as ever
did to the Clergy under their Romane Bishops, after they had thus maym'd themselves, and defrauded the State of their service, should by this inh
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rent character of Souldiership, enjoy all those advantages, which those Lawes afforded them.
There is Dig. l. 48. tit. 21. le. 3. Qui rei. one law more in the body of the Civill Law, which seemes to reach farther, because it binds not it selfe to any one condition of men; which is, [That if a man already accus'd, or
7 Of the other law for guilty men.
taken in the manner, for any such crime, upon which his goods should be forfeited upon conviction, kill himselfe before judgement, his goods shall be forfeit;] else nor. For the Law addes her opinion of the fact. [Non facti celeritas est obnoxia, sed conscientia metus] And proceeds, [Qui causam mortis habet, habeat successorem.] So that that Law presumes there are just causes to worke such an effect. And upon the consideration of this Civill Law, I determin'd to bestow this first Distinction.
Distinction II.
SECT. 1.
THat which they call the Canon Law is of larger extent then this; for it reaches to bind 1 Of the Canon Law. the Princes themselves, at least by their acceptation and submission to it.
And as the subject of it, is greater, being people 2 The largnes of the subject, and object thereof. and Prince; so is the object, being the next and eternall life. Yea it is so vast and undetermin'd, as we know not in what books to seeke the limits thereof, nor by what rules to set the land-marks of her jurisdiction.
For, (for the booke,) it is evident that the Primitive 3 Of Codex Canonum; or the body of the llaw, in use in the primitive Church. Church had Codicem Canonum, which was inserted into the body of the Romane Law, and had no other subfistence, but as it was incorporated there. Thereupon Dist. 10. certum est.
Gelatius writes to Theodorus the Goth, King of Italy, to intreat him, that as by his authoritie the Romane Law was observed in Civill matters, so it might be still in Ecclesiastique. And after the expulsion of the Goths,
Dist. 10. vestr
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.
Leo 4. intreated and obtained the same from Lotharius. From this Codex Canonnm; the Emperors determined and decreed in many Ecclesiastique causes; From this Codex the Councels after were governed in making their Canons: as wee may see particular Canons of this Booke cited, the booke being often call'd for in the Councels, and being then ordinarily named, The body of the Canon Law. This body consisted of the Canons of nine Councels authorized by the Emperors.
But for those immense additions growne to it 4 Of the Additions to this Codex.
since that time, of Bulls, and Decretall Letters of Popes, Decrees of suspitious and partiall and S
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hismatick Councels, (for nothing is more properly Schisme, and Solutio continui, than a rent betweene the Civill and Ecclesiastique State; which
occasion'd many of the later Councels,) the rags of Fathers decerpted and decocted by Gratian, and the glosses of these made also as authentique as the Text. I perceive not what title they have to bee of the body of the Canon Law, except where the Princes have incorporated and denizen'd them.
But least to quarrell with their authority now, might seeme in us a subter-fuge and shift to decline them, as though they were heavy against us, in this point which we have now in hand; wee will accept them as they are obtruded, and dissemble nothing, which in them seemes to resist this opinion, though in common entendment this law is likely to be severe against it, because the 5 Canon law apter to condemne then Civill, and why. civill lawes content themselves ever with any excuse or colour in favour of the Delinquents, because when a fault is proved it punishes severely, but Paleotus de nothis c. 19. the Canon Lawes which punish onely medicinally, and for the soules health, are apt to presume or beleeve a guiltinesse, upon light evidence, because those punishments ever worke good effects, whether just or no.
SECT. II.
And first because heresie which is laesa Majestas Divina, of all crimes is the principall object of 1 That this proposition is not hereticall. that Court, I say, that this proposition, is not by any thing extant in the Canon law, (and therefore not at all) hereticall, allowing to them their
largest definition of heresie; which is, Simancha Enchirid. Iud: tit. 24. nu. 2.
[Any thing which is against Catholique faith, that is Scriptures rightly understood; Or the traditions and definitions of the Church, or generall Councells lawfully
2 A large definition of heresie.
gathered, or definition of the sea Apostolique, or the common opinion of Fathers, in a matter of faith.] The proposition may perchance seeme to some so ill qualified, as it may be male sonans, or temeraria, or perchance sapiens heresis, for all these proceed from the indisposition and distempred taste of the apprehendor, which must not alwaies be idly flattred and pampred, but invited to the search and discovery of truth, who else being the greatest Prince in the world, should have no progresse, but be straightned in a wretched corner. First therefore, (to cast a glance upon every part of the definition of heresie) whether it be against the Scriptures rightly understood or no will be more properly and naturally examined, when we come to the last part, which is of Divine law.
Next, there is no tradition nor definition of 3 No definition of the Church in the point. the Church in the point at all, much lesse as of a matter of faith, which is the second limbe of the definition. 4 Nor Canon
No decree of any generall Councell. No 5 Nor Bull. rescript or Bull of any Pope. And for the common opinion of the Fathers (besides that it can 6 Of the comon opinion of Fathers, how it varies in times and places. be no safe rule, because Moral. Instit. to. 1. l. 2. c. 13. as [Azorius notes, Controverters often say on both sides, this is the common opinion; And certainely that is the common opinion
in one Age which is not in another; yea, in one Kingdome at the same time, which is not in another, though both be Catholik: As in Germany and France, by the common opinion Latreia is not due to the Crosse, in Spaine by the common opinion it is,] it cannot appeare, by the Canon law, that this is the common opinion of the Fathers; for 23. q. 5.
Gratian who onely of the Compilers of the Canon 7 Gratian cites but two fathers, one of which is of our side. law toucheth the point, (as farre as either my reading or search hath spied out) cites but two Fathers, Augustine, and Hierome. Whereof the latter is of opinion, that there may be some cause to do it. But in the Canon law I finde no words, not onely to lay the infamous name of heresie upon it, but that affects it with the mark or stile of sinne, or condemnes the fact, by inflicting any punishment upon the offender.
I speake here of the Canon law, to which the 8 Of that part of the Canon Law, to which Canonists will stand. Canonist will stand: which are the Decretall letters, and all the extravagants. For, of Gratians Decret. that learned and ingenious Bishop of Tarracon, hath taught us what we should thinke, when he sayes, [Auto. Augustin. l. de
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mendat. Gratian. l. 1. dial. 1. de titulo.
That he is scarce worth so much reprehension; who having nothing that is profi
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able or of use, except he borrows it, is admired of the ignorant, and laughed at of the learned,]
Idem dial. 4.
[who never saw the bookes of the Councells, nor the works of the Fathers,
9 A Cathol. Bishops censure of Gratians Decret.
nor the Registers of the Popes letters.]
Idem dial. 3.
And whose compilation had not that confirmation from Eugenius 3, as is fasly attributed to it.] Yet allthough Gratian have not so much authority, that
by his inserting an imperiall law, or fragment of a Father, it should therefore be canoniz'd and grow into the body, and strength of the Canon law, (for then though that law were abrogated againe by the Emperour, it should still be alive and bin
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e by a stronger obligation in the Canon, which De libris juris Canon. c. 2.
Alb. Gentilis proves to be against the common opinion.) yet by consent, thus much is afforded him, that places cited by him, have as much authority in him, as th
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y had in the Author from whom he tooke them. And therefore when we come to handle the Reasons of particular Authors, we will pretermit none whom Gratian hath cited, for that is their proper place.
SECT. III.
And in this Distinction where we handle the opinion of the Canon Law in the point (not because 1 What any Councels have done in this point.
Gratian cites it, but because the Canons of all Councels are now usurped as Canon Law) we will consider 23. q. 5. placuit. a Canon of the Braccarense Councell cited by him.
But first, (although he have it not) wee will not conceale the Concll. Antisidor. sub Greg. 1. An. 590.
Antisidorense Councel, (which was before the other, under Gregor. 1. Anno 590.) For as the Civill Lawes by limitation of persons and causes, gave some restraint and correction to this naturall desire of dying when we would, which they did out of a duty to sinew and strengthen, as much as they were
able, the Doctrine of our blessed Saviour, who having determined all bloudy sacrifices; enlightens us to another Doctrine, that to endure the miseries & afflictions of this life, was wholsome, and advantagious to us; the Councels also perceiving that this first ingraffed and inborne desire, needed all restraints, contributed their help.
This Canon. 17. Canon then hath these words, [If any kill themselves, Istorum oblata non recipiantur.]
3 The Councel of Antisid. onely refused their oblations For it seemes, that Preaching and Catechizing had wrastled, and fought with their naturall appetite, and tamed them to a perplexity whether it might be done or no; and so thinking to make sure worke, in an indiscreet devotion, they gave oblations to the Church, to expiate the fault, if any were. These oblations the Councell forbids to bee accepted, not decreeing any thing of the point, as of matter of faith, but providing against an inconvenient practice.
Neither was it much obligatory, or considerable, 3 This was but a Diocesan Councell. what it had decreed, being onely Notae Binnij in Conc. Antis. To. 2. fo. 955.
a Diocesan Councell, of one Bishoppe, and his Abbats, and whose Canons Binnius presents, because (though some of them be out of use, of which this may be one) yet they are (saies he) some discoverers of Antiquity.
The other Councell which 23. q. 5. placuit.
Gratian cites and besides which two I finde none) hath these 4 The Braccar Councel inflicts two punishments. words, [For those that kill themselves, there shall be no commemoration at the oblation, nor shall they bee brought to buriall with Psalmes.] which intimates,
as the language of the Canon Law is, Caninam sepulturam.
But the 24. q. 2. Sane quid. glosse upon this doth evict from another Canon, that if the person were not under 5 The first, not praying for them, is of them who did it when they were excommunicate. excommunication, it is not so; [For we may communicate with him dead, with whom we may communicate living.] Which showes that his act of dying so, put him not into worse state in this respect. This answers the first punishment inflicted by that Canon. And for the second which is deniall of Cristian buriall, it is very rigorous to conclude a hainousnesse of the fact, from that, since the Decret. l. 5. tit. 13. de torneamentis. true Canon Law denyes that to men slaine at Tilt, though it afford them, if they be not presently dead, all the Sacraments applyable in that extreamitie, as Penance, Eucharist, and Unction.
So that, though since it denies buriall to men 6 The second, which is deniall of buriall, is not alwayes inflicted for offences; as appears in an interdict locall. whom they esteeme in state and way of salvation, the Glosse here collects reasonably, [That this punishment reaches not to the dead, but onely to deterre the living;] referring to this purpose an 13. q. 2. anim. Epistle of Gregory, saying, [So much as a sumptuous funerall profits a wicked man, so much a base, or none at all hurts a godly.]
Lastly, that Li. 3. tit. 7. de sepulchris. Eos qui.
Clementine which reckons up many causes for which Christian buriall is denyed, amongst which one is a locall interdict, at what time the holyest man which dyes in that place cannot bee buried, which sometimes extends to whole Kingdomes, instructs us sufficiently,
that one may be subject to that punishment, if it be any in that Law) and yet not guilty of such a crime as this is reputed to be.
And Sylv. ad leg. Reg. c. 11. the Romans in their Religious Discipline, refused solemne buriall, to any which perished by lightnings, P. Manut. de leg. Rom. though they buried offenders in the towne, as they did Vestals and Emperours; because as their Dedication 7 Romans buried such offenders as had satisfied the Law within the towne, as Vestals, and Emperors. to God had delivered the Nunnes, and Soveraigntie the Emperours from bondage of Law; so did Justice, to which they had made full satisfaction deliver offenders punished. And since both Saint Hierome, and the Bracarense Councell, inflict the same punishments upon those Catechumeni, who although they had all other preparations, and degrees of maturity in the Christian Faith, yet departed out of this world without Baptisme, as they doe upon Selfe murtherers, and so made them equall in punishment, and consequently in guiltinesse; I thinke it will ill become the Doctrines of our times, and the Analogy thereof, to pronounce so desperately of either of their damnations. Sert. Senen. lib. 6. Annot. 7. p. 311.
And here wee end our second Distinction of this second Part, which was allotted for the examination of the Canon Law.
Distinction III.
SECT. I.
OF Arguments of this Nature, which are 1 Of the laws of particular Nations. conclusions deduced out of reason and discourse, next to these generall Lawes of the Empire, and of the Church, (which though it might seeme for the generality thereof, to have deserved the first place, we handled in the second roome, because the power thereof hath beene ever litigious and questionable,) I may justly ranke the Lawes of particular states.
By our Law therefore, as it hath not beene 2 Of our law of Felo de se. Br act. f. 150. long in practise, (for
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Bracton seemes not to know such a Law, when allowing an intire chapter to that title, he onely repeats the words in that Emperiall Law, which I cited before, and so admitts, (if he admit that Law, that exception, Sine justa causa) he which kills himselfe is reputed felo de se; and whether he be chargeable with any offence or no, he sorfeits his goods: which devolving to the Kings Almoner, should on the Kings behalfe be employed in pious and charitable uses.
And
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lowd. Com. Hales his case.
it is not onely Homicide, but Murder, 3. That this is murder in our law; And the reasons which entitle the King. And yet the reasons alledged there, are but these, That the King h
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h lost a Subject, that his Peace is broken, and that it is of evill example.
Since therefore, to my understanding, it hath 4 Our naturall desire to such dying, probably induced this law. no foundation in Naturall nor Emperiall Law, nor receives much strength from those reasons, but having b
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custome onely put on the nature of law, as most of our law hath, I beleeve it was first induced amongst us, because we exceeded in that naturall desire of dying so. For it is not a better understanding of nature, which hath reduced us from it; But the wisedome of Lawmakers and observers of things fit for the institution and conservation of states.
For in ancient Common-wealths, the numbers of slaves were infinite, as ever both Bodin Rep. l. 1. c. 2. & l. 6. c. 1. in 5 As in States abounding with slaves, the Law-makers quenched this desire.
Rome and Athens, there were 10 slaves for one Citizen; and l. 33. c. 10.
Pliny sayes that in Augustus time, Isidorus had above 4000. And Scbast. Med. de Venat. Pisca. et aucup. q. 41.
Vedius Pollio so many, that he alwayes fed his fish in ponds with their blood; and since servitude hath worne out, yet the number of wretched men exceeds the happy (for every labourer is miserable and beastlike in respect of the idle abounding men;) It was therefore thought necessary by lawes, and by opinion of Religion, (as Aug. de Civi. Dei l. 4. c. 27.
Scaevola is alleaged to have said, Expetit in Religione
6 Least it should draw too fast; as Hunting and Vsury are; and as wine by Mahom.
Givitates falli,) to take from these weary and macerated wretches, their ordinary and open escape, and ease, voluntary death.
And therfore it seemes to be so prohibited, as a Pruckinan. de Venat. Pisc. & Aucup. c. 4. Lawyer sayes, hunting and usery is [Ne inescarentur homines] and as Pompon. de Incantat. c. 10.
Mahomet to withdraw his Nation from wine, brought them
to a religious beliefe, that in every grape there was a Devill.
As therefore amongst us a naturall disease of 7 And as severe lawes against stealing stealing, (for as all other, so this vice may as well abound in a Nation as in a particular man, and B. Dorotheus doct. 11.
Dorotheus relates at large, the sicknesse of one of his fryars, who could not abstaine from stealing, though he had no use of that which he stole) hath draw from a Binnius to. 3. par. 2. f. 1476. An. 1237. Councell holden at London under Hen 3. a Canon which excommunicates the Harbourers of Theeves (quibus abundat Regio Angliae, and mentions no other fault but this, and from the Custome, and Princes, and Parliaments severe Lawes against theft, then are justifiable by Nature, or the Iewes Judiciall Law, (for our Law hangs a man for stealing in extreame necessity, when not onely all 8 When a man is bound to steale. things, to him, returne to their first community, but he is bound in conscience to steale, and were, in some opinions, (though others say he might neglect this priviledge) a Selfe-murderer if he stole not.
And 14. Dist. 15. q. 3.
Scotus disputing against the Lawes of 9 Scotus opinion of day theeves. those Nations, which admit the death of a theife robbing by day, because Exod. 22. 3. whoever kills such a theife, is expresly by Gods Law a murderer, ask where have you read an exception of such a theife from the Law, Non occides, or where have you seene a Bull fallen from Heaven to justifie such executions? So it may be, a naturall declination in our people to such a manner of
death, which weakned the state, might occasion severer Lawes, then the common ground of all Lawes seemes well to beare.
And therefore, as when the Emperour had made a Law, to cut off a common abuse of misdevout men, that no man might give any thing to the Clergy, no not by Testament, Saint Hierome said, I lament and grieve, but not that such a Law is made, but that our manners have deserved such a Law, so doe I in contemplation of these Lawes mourne, that the infirmity and sicknesse of our Nation should neede such Medecines.
The like must be said of the like Law in the Earldome of Flaunders; If it be true, Tholosa. Syn. l. 36. c. 22. nu. 13. ex Buteler. in summa rurall. That they allow confiscation of goods, in onely five cases, whereof this is one; and so it is rankt with Treason, Heresie, Sedition, and forsaking the Army against the Turk, which be strong 10 Of such a law in Flaunders.
and urgent circumstances to reduce men from this desire.
SECT. II.
For wheresoever you finde many and severe Lawes against an offence it is not safe from 1 Severe lawes are arguments of the peoples inclination, not of the hainousnesse of the fault. thence to conclude an extreame enormity or hainousnesse in the fault, but a propensnesse of that people, at that time, to that fault. Thereupon Epist. ad Philip.
Ignatius and many others, even intire Councells, were forced to pronounce, that whosoever
fasted upon Sundayes were Murderers' of 2 Sunday fast extremly condemned thereupon. Christ.
So in France the Lawes abound against Duells, to which they are headlongly apr. 3 So Duells in France.
So are the resolutions of the Spanish Casuists, and the Bulls of the Popes, iterated and 4 So Bull-baitings in Spain.
aggravated in that Nation, against there Bullbayting, to which they are so enormously addicted, which yet of it selfe is no sinne, as Navar
Navar. Manu. li. 15. nu. 18. retracting his opinion after 70 yeares holds at last.
These severe lawes therefore do no more aggravate a fault, then milde punishments diminish 5 Gentle laws diminish not the nature of rape, nor witchcraft. it. And no man thinks Rape a small fault, though Solon punish it, if she be a Virgin, and freeborn, with so much money as would amount to our five shillings: and the Cap. 67.
Salique law punishes a witch, which is convict to have eaten a man, pecuniarily, and la
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no high price. And therefore H
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de his qui not. infam. l. 2. §. 1.
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. 2.
Bartolus allowes that in cases of publique profit or detriment, the Judges may extend an odious and burdenous law beyond the letter, and restraine a favourable and beneficiall 6 Publique benefit is the rule of extending or restraining all lawes by Bartel.
law, within it, though this be against the Nature and common practise of both these lawes.
If therefore our, and the Flemish law be severe in punishing it, and that this argument have 7 If other Nations concur in like lawes, it shews their inclination to be generall. the more strength, because more Nations concurre in such lawes, it may well from hence be retorted, that every where men are inclinable
to it: which establisheth much our opinion, considering that none of those lawes, which prescribe Civill restraints from doing it, can make it sinne; and the act is not much descredited, if it be but therefore evill, because it is so forbidden, and binds the conscience no farther, but under the generall precept of obedience to the law, or to the forfeiture.
SECT. III.
It seemes also by the practise of the Jewes,
1 The custom of the Iewes, and the law of the Athenians evict nothing. (for De bello Jud. l. 3. c. 13.
Josephus speaks of it, as of a thing in use) that they did not bury such as killed themselves, till the Sunne set. But though I know not upon what Law of theirs they grounded this, and I finde not by writers of either of their Policies since their dispersion, (for though they have no Magistracie, but bee under the Lawes of those places into which they are admi
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ted, in all cases except where they be exempted by priviledg, yet they doe also testifie a particular derestation of some sins by outward penances among themselves, Buxdor. Syn. Iudais c. 34. as in theft, they binde, and whip, and enjoyne to publike confession, and in Adultery the offender sits a day in Winter in freezing water, and in Sommer upon an Anthill, or amongst hives of Bees naked, though, I say, I finde not by Galatine, Sigontus, Buxdorfius, nor Molther, that this was or is in use amongst them, yet because Josephus, though but Oratorily sayes it,
we will accept it; and beleeve that it was upon the reason common almost to all Nations, to deterre men from doing it, and not to punish it being done. And of like use, that is, in terrorem, was also that Law of the Athenians, who cut off that hand after death which perpetrated that fact; which Law Josephus remembers in the same place.
SECT. IIII.
That reason which is grounded upon the Edict of Tarquinius Priscus,
Pliny. li. 36. cap. 13. who when this 1 The reason drawne from remedies against it, proves no more.
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of Death raigned amongst his men like a contagion, cured it by an opprobrious hanging up their bodies, and exposing them to birds and beasts. And A. Gellius li. 15. c. 10. upon that way of reducing the Virgins of Mil
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sium, who when they had a want
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nnesse of dying so, and did it for fashion, were by Decree dishonourably exhibited as a spectacle to the people naked, prevailes no farther then the argument before, and proves onely a watchfull sol
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citude in every State, by all meanes to avert men from this naturall love of ease, by which their strength in numbers would have been very much empaired. And thus wee determine this Distinction.
Distinct. IV.
WEe will now descend to those reasons 1. Of reasons used by particular men, being Divines. which particular men have used for the detestation of this action. And first we will pay our debt to Gratian, in considering the places cited by him, and after, the other reasons of Divine Authors, if they bee not grounded upon places of Scriptures, which we repose for the last part, shall have there ventilation in this Distinction.
SECT. I.
The 23. q. 5. Duplicet. first place then, is in an Epistle of 1. Of S. Augustine and his Argument. Saint Augustine to Donatus the Heretique; who having beene apprehended by the Catholikes, fell from his Horse, and would have drown'd himselfe: and after complaines of violence used towards him, in matter of Religion, wherein he claimes the freedome of Election, and conscience. Saint Augustine answers, wee have power to endeavour to
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ave thy soule against thy will, as it was lawfull to us, to save thy body so. If thou wert constrained to doe evill, yet thou oughtest not to kill thy selfe. Consider whether in the Scriptures, thou finde any of the faithfull that did so, when they suffered much
from them, who would have forced them to do things to their soules destruction.
To speake a little of Saint Augustine in generall, because from him are derived almost all the 2. Of St. Aug. comparatively with other Fathers. reasons of others, he writing purposely thereof, from the 17 to the 27 Chapter of his first book De Civitate Dei, I say, as the Confessaries of these times, comparing Nav
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and Sotu
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two of the greatest Casuists, yeeld sometimes that 3. Comparison of Navar and Sotus.
Navar, is the sounder and learneder, but Sotus more usefull and applyable to practique Divinitie; So, though Saint Augustine for sharpe insight, and conclusive judgement, in exposition of places of Scripture, which he alwaies makes so liquid, and pervious, that he hath scarce been equalled therein, by any of all the Writers in the Church of God, except Calvin may have 4 Jesuists often beholden to Calvin for expositions. that honour, whom (where it concernes not points in Controversie,) I see the Jesuits themselves often follow, though they dare not name him, have a high degree and reverence due to him, yet in practique learning, and morall Divinity, he was of so nice, and refin'd, and rigorous a conscience, (perchance to redeeme his former licenciousnesse, as it fals out often in such Convertits, to be extreamely zealous) that for our direction in actions of this life, Saint Hierome, and some others, may bee thought sometimes fitter to adhere unto, then St. Augustine; Yet I say not this, as though wee needed this medicament for this place.
For I agree with Saint Augustine here, That 5. In this place we differ not from St. Aug.
neither to avoid occasion of sinne, nor for any other cause, wherein my selfe am meerely or principally interessed, I may doe this act; which also serves justly for answer to the same zealous Father in the other place, 22. q. 5. S
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non. cited by Gratian;
6. Nor in the second. for with him I confesse, [That he which kills himselfe, is so much the more guilty herein, as hee was guiltlesse of that fact for which hee killed himselfe.]
Though, by the way, this may not passe so generally, but that it must admit the exception, 7. That then may be Causa puniendi sinc culp
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.
which the Reg. sur. 6. Rule of Law upon which it is grounded, carries with it, [Nemo sine culpa puniendus, nist subsit causa.] And so, as Saint Augustine, we, with as much earnestnesse, say, [Hoc asserimus, hoc dicimus, hoc omnibus modis approbamus. That neither to avoid temporall trouble, nor to remove from others occasion of sinne, nor to punish our owne past sinnes nor to prevent future, nor in a desire of the next life, (wherethese considerations are only, or principally) it can be lawfull for any man to kill himselfe.] But neither Saint Augustine nor we deny, but that if there be cases, wherein the party is dis-interested, and only or primarily the glory of God is respected and advanced, it may be lawfull.
So that, as Valens the Emperour, having surprised 8. As Valens missed Theodosius; So did Augustine pretermit the right cause.
Jamblicus, when his divining cock had described three lette
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s of his name who should succeede, slew all whose names were Theodor
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Theodotes, or Theodulus, but escaped Theodosius who fulfilled the Prophecy, So Saint Augustine hath condemned those causes which we defend not, but hath omitted those wherein it is justifiable.
In which case being hard to be discern'd and distinguished
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others arising from humane 9 Of Cordubensis rule, how we must do in perplexities; infirmity, it that rule which A
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t. Cordub. de simonia q. 27. Editione. Hispani.
Antonius de Corduba, gives in cases of simony, be as he sayes it is, a good guide in all perplexities, it will ease very much.
He sayes, because in the case of simony, many difficulties g
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ow, because not onely by cleare 10 How temporall reward may be taken for spirituall office. and common judgements, temporall reward may be taken for spirituall offices, by way of gift, stipend, wages, almes, sustenation, or fulfilling the law or custome of that place, but also by some. Doctors, even by way of pr
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ce, and bargaine, if not directly for the spirituall part thereof, yet for the labour necessarily annexed to it, because every Curate cannot distinguish in these cures, he bids him [ever doe it, with an intention to doe it so, as God knowes it may de done, and as wise men know a
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d would teach that it might be done: For thus saith he, humbly remitting our selves to the learned, which are our fathers instruction, what ever defect be in us, yet Saluamur in fide parentum.] Hesychius vitae philosophorum. And in this sort (e) Pindarus making an implicite prayer to God, that he would give him that 11. Of Pindarus death praying for he knew not what. which he knew to be best for him, died in that very petition.
Except therefore Vb
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supra. Saint Augustine have that moderation in his resolution; That a better life never receives a man after a death whereof 2 In our place we depart from St. Aug. upon the same reason as the Jesuit Thyraeus doth. himselfe was guilty, we will be as bould with him, as Thyrae. Jesui. de Daemoniacis c. 31.
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. 428. one who is more obliged to him then we, who repeating Augustines opinion, That the Devill could possesse no body, except he entred into him by sinne, rejects the opinions, and saies, The holy Father speaks not, of what must of necessity be, but what for the most part uses to bee.
SECT. II.
And in our case we ought (as I thinke rather to follow 23. q. 5. Non est, Saint Hieromes temper, who in 1 The place out of S. Hi
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rome cited by Gratian.
his exposicion upon Jonas, (which I wonder why Gratian cited being so farre from his end and advantage) sayes, [In persecution I may not kill my selfe, absque eo, ubi cassitas periclitatur] where I am so
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arre from agreeing with Gloss. in locum supra.
Gratian, that [Absque eo, is inclusivoly spoken, and amounts to this phrase, no not though] as I thinke that good learned father, included in that word Castitas, all purity of Religion and manners; for to a man so rectified death comes ever, and every way seasonably and welcome. For [Idiotae Contemplatio de morte.
qualem mors invenit hominem, ita homo inveni
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mortem.]
SECT. III.
From this place of Saint Hierome, I beleeve, 1. Lavater confesses Aug. Hie
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Cry
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and Lactan
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to be of this opinion. and some other, which perchance I have not rea
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, and some other places in others, of like charitable d
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scent to this opinion. Lavater in 1 Sam. Ca
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lti.
Lavater having made his profit of all Peters Martyrs reasons almost against this act, and adding some of his owne, when they both handle the duties of Saul, confesseth that in this case of preserving Chastity, Augustine, Chrysostome, and Lactant us, and Hierome departed from their opinion who condemned this Act.
SECT. IIII.
Peter Martyr also presents one other reason, 1 Of P. Mar. reason Mors malum.
of which he seemes glad, and well contented in it, which is, That we may not hasten death, because Mors malum.
But it is not worthy of his gravity, especially so long after Stromat. l. 4.
Clemens Alex. had so throughly defeated that opinion. 2 Clement. hath long since destroyed that opinion.
But if it be Malum, it is but Malum poena. And that is an evill of which God is Authour, and is 3 Of Malum
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. not that Aqui. 1. q. 48. ar. 6. C
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n.
Malum quo mali suinus; neither doth it alwayes prove the patient to be evill, (though God for all that be alwaies iust,) for himselfe said of the man borne blinde Jo. 9. 3.
[Neither he, nor his parents have sinned.]
And of that Malum poenae, which is esteemed the greatest in this life, of temporall affictions, 4 Possessed men are not alwaies so afflicted for sin. because of the neere danger of empairing our soule, which is to be possessed, Thyraeus de Daemon. c. 31.
Thyraeus, from Saint Hierome and Chrysostome sayes, that it is not alwayes inflicted for sinne, but to manifest the glory of God.
And therefore the greatest evill which can be imagined, of this kinde of evill, which is [Aqui. 1. q. 48. ar. 6. Con.
Damnation, hath not so much Rationem mali, as the least sinne that drawes Damnation.]
Death therefore is an act of Gods justice, and 5 Damnation hath not so much rationem mali as the least sin. when he is pleased to inflict it, he may chuse his Officer, and constitute my selfe as well as any other.
And if it were of the worst sort o
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evill,
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et 6 If death were of the sorts of evill, yet there may be good use of it. as Aug. de. bono Conjug
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. Saint Augustine sayes that [in the Act of Marriage, there is Bonus usus mali, id est concupiscentiae, quo malo male utuntur adulteri.] And as good Paulinus prayses Severus, that Paulin. Severo esist. 1.
[he having in Conjugio peccandi licentiam, departed not from his accustomed austerity,] so may the same be said of death in some cases, as in Martyrdome.
For though Martyr urge farther, that death 7 How Paul calls Death Gods enemy. is called 1 Cor. 15. 20. Gods enemy, and is therefore evil, yea Marlorat. in bunc locum.
Musculus sayes upon that place, [It is often commended in Scriptures, because towards the faithfull God useth it to good ends, and makes it Cooperari ad salutem.] And by what authority can they so assuredly pronounce that it falls out
never in our case? Besides this, death hath lost much of her naturall malignity already, and is not now so ill, as at first she was naturally; for as Calvin in hunc locum.
Calvin notes here, [she is already so destroyed, that she is not lethalis, but molesta.] 8 Death since Christ is not so evill as before.
SECT. V.
One reason more Martyr offers of his owne, 1 Of Martyrs reason, Vita donum. which is, Vita Donum, life, because it is the gift of God may not be profused; but when we have agreed to him, that it may not be unthriftily and prodigally cast away, how will he conclude from thence, such an ingratitude, as that I shall forfake Gods glory? and may in no case ponere animam? How will it follow from I must not alwaies, to I may never?
SECT. VI.
Lavater after many other urges this reason; 1 Of Lavaters reason of Judges. That because Judges are established, therefore no man should take Dominion over himselfe. 2 Where confession is not in use, there is no exterior Judge of secret sinne.
But in the Church of England, where auricular confession is not under precept, nor much in practise, (for that we admit it not at all, or refuse it so, as the Waldenses did, though Humfred. Iesui. pa. 2. ad Ratio. 3. Cam. a reverend man say it, is more then I knew) who is judge of sin against which no civill law provides, or of which there is no evidence? May not I accuse and condemne my selfe to my selfe, and
inflict what penance I will for punishing the past, and avoiding like occasion of sinne?
Upon this reason depends that perplex
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d 3 Of the Popes jurisdiction over himselfe. case, whether the Pope may not give himselfe a
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olution from Acts and Vowes, and partake his owne
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, although by the best opinion it is agr
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ed, that to do so is an act o
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jurisdiction, which by Lavaters rule, no man may
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upon himselfe.
C
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d. l. 3. tit. 5. le. Generati. The Emperiall lawes forbid i
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a generality 4 Of such jurisdiction in other persons by civll lawes. any to be judge in his own
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cause, but all Expositors, except Soveraignes. And in ordinary Judges, all agree with Bald. F le. 5. de. j
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diciis.
Baldus [That in facto notorio if the dignity of the Iudge be concerned, he is the proper Iudge of it. And he sayes that it belongs to the Pretor to judge, whether such a cause belong to his judgement or no]
Filesacus de Episc. autorit. Ca. 1.
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. 17. And with a Non obstante even upon Naturall law, as the words of the priviledge are, Theodorius allowed Bishops to be Judges in their owne cause. Dig. l. 1. ti
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. 7. le. 3. si Cons. So [if a sonne which had not beene Sui juris had beene made
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onsul,
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he have emancipated himselfe, or authorized another to have adopted him.]
And besides th
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, it appeares, that the Popes have exercised ju
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sdiction upon themselves, 5 Ioh. 22. elected hi
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selfe Pope. even before they were Popes, (for Uol
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. 2. Genera. 44.
Ioha 22 having permission to chu
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e o
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e Pope, chose himselfe, which deed Naucler relates and just
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fies) by Canonicall rules it is plaine, that he may exercise jurisdiction upon himselfe in an
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case where there is not a distinction of persons
enjoyned Iure Divine, as in Baptisme: which will not be stretched to our case.
And certainly the reason of the Law, why none should be judge in his owne cause, is, because 6. Jurisdiction over our selves
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s denyed us, because we are presumed favourable to our selves; Not in cases hurtfull to our selves. every one is presumed favourable towards himselfe. And therefore if it be dispensable in some cases beneficiall to a man, much more may it be in cases of inflicting punishment, in which none is im
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gined to be over rigorous to himselfe.
And if man were by nature as slavish, as the [Heurnius de Philos. Barbar.
Esseni, by profession and rule, who had power of themselves in nothing, but juvando & miserendo] I see not, but when this becomes an act of advantage to our selves, we may have jurisdiction enough to doe it.
And what is more evident to prove, that in some cases derogatory and prejudiciall to us, 7. Even in cases hurtfull, we have such jurisdiction. we have this right over our selves, then that every man may cedere suo jure, And Non uti privilegio.
And Theod. a Nice. l. 3. c. 3. & 23. it was by all condemned in Gregorie, in the great Scisme, that after hee had promised to depart from the Papacie, by oath, in which was a clause, that he should neither aske, 8. Gregories oath in the great Scisme. give, nor accept absolution from that oath, hee induced his Mendicants to preach, that it were deadly sinne in him to de-relinquish the Church. So also have many Kings departed from, their Government, and despoiled them of their burden, at their pleasure. For, as Schlusselburgius. Catul. Here
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ico, l. 13. one sayes,
of the whole Church, it may bee said of every particular member; it was ever in Politicall bondage, but not in Spirituall.
So that, if there bee cases, wherein one may 9. When a man becomes to be sui juris.
assuredly, or probaly, after just diligence used, conclude upon an illumination of the Spirit of God, or upon a ceasing of the reason of the Law at that time in him, that man is then Sui Iuris.
For though in cases where there is a proper 10. Warre is just betweene Soveraigne Kings, because they have no Judge. Court, I am bound to it; yet, as Kings which are both Soveraignes, may therefore justly decide a cause by Warre, because there can bee no competent Judge between them; So in secret cases betweene the Spirit of God, and my conscience, of which there is not certainly constituted any exterious Judge, we are our selves sufficient to doe all the Offices; and then delivered from all bondage, and restored to our naturall libertie, we are in the same condition as Accacius de privileg. juris. l. 1. cap. 7. Princes are, who if in the rigour of words 11. Princes give not themselves priviledges, but declare that in that case they will exercise their inherent priviledge. they may not properly bee said to give themselves Priviledges, have yet one generall inherent Privilege, and when they will, they may declare, that in that particular case, they will not take a new, but exercise their old Priviledge.
SECT. VII.
Josephus Reason of Deposi tum.
And because De bell. Iud. l. 3. ca. 13.
Iosephus hath one reason
which tasts of Divinitie, we will consider it in this place. He sayes, our Soule is, particula Dei, and deposed and committed in trust to us, and we may not neglect on disharbour it, before he withdraw it. But we are still upon a safe ground, That whensoever I may justly depart with this life, it is by a S
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mmons from God; and it cannot then bee imputed to any corruption of my will: for, Regula juris 4.
Velle non creaitur, qui obsequitur Imperio. Yet I expect not ever a particular: inspiration, or new commission, such as they are forced to purchase for Sampson, and the rest; but that resident and inherent grace of God, by which he excites us to works of morrall, or higher vertues.
And so, when it is so called for againe, Arist. Probl. Sect. 29. q. 2. it were a greater injustice in us to deny or withhold any thing, of which wee were Depositaries,
2. In these cases a depositarie cannot bee accused De culpa, if he be sine Dolo.
then if we were Debtors; yea, (not to depart) from Josephus. Allusion or Metaphor of Depositum. If it were a fault to let goe that of which I were Depositary, before it were truely called 3. A secret received, Data fide, is in Natura depositi.
for, yet in Consc
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entia errante, I were excusable; for it Tholos. Syntag. l 23. ca. 3. Nu. 17. is [Ex substantia depositi, ut deposit arius tantum de dolo teneatur non de culpa.] Yea, when Soto de Teg. Secr. membr. 1. q. 1. I have a secret from another, Data fide, I have this in all respects, in Natura Depositi; and yet no man doubts, but that I may in many cases, depart with this secret.
SECT. VIII.
There are many Metaphoricall and Similitudinarie 1. Of similitudinary Reasons in Authors not Divine. Reasons, scattered amongst Authors, as in Cicero and Macrobius, made rather for illustration, then for argument or answer; which I will not stand to gleane amongst them, since they are almost all bound up in one sheafe, in De Bello Iuda. l. 3. ca. 14. that Oration of Josephus. Or else will be fitly handled in those places of Scripture, which make some such allusions.
SECT. IX.
Josephus then in that Oration hath one Reason 1. Of his reason of Hoslis.
drawen from the custome of an Enemy. We esteeme them enemies, who attempt our lives, and shall we bee enemies to our selves? But besides that, in this place, Iosephus speakes to save his owne life, and may justly be thought to speak more ex animo, and dispassioned, wherein the lib. 7. c. 28. person of Eleazar hee perswades to kill themselves, there is neither certaine truth in the Assertion, nor in the Consequence. For do we esteeme God, or the Magistrate our enemy, when by them death is inflicted? And do not Martyrs, in whose death God is glorified, kisse the Executioners, and the Instruments of their death? Nor is it unlawfull, unnaturall, or unexpedient for us, in many ca
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es, to be so much our
owne Enemies, as to deny our selves many things agreeable to our sensitive nature, and to inflict upon our selves many things repugnant to it, as was abundantly shewed in the first part.
SECT. X.
In the same Oration he hath another allusorie 1. Of his reason of Servus.
argument, [That a Servant which runnes away, is to be punished by the Law, though his Master bee severe; much more if we runne away from so indulgent a Master, as God is to us.] But not to give strength or delight to this reason, by affording it a long or diligent answer; wee say, In our case the Servant runnes not from his Master, but to him, and at his call obeys his voyce. Yet it is as truely, as devoutly sayd. [The devill is overcome by resisting, but the world, and the
Bosquier. Conc. 7.
flesh by running away.] And the farther, the better.
SECT. XI.
His last, which is of any taste, is [That in a tempest, it were the part of an idle and treacherous
Of his reason of a Pilot.
Pylot, to sinke the Ship.] But I say, if in a Tempest we must cast out the most precious ware aboard, to save the lives of the Passengers, and the Marchant who is damnified thereby, cannot impute this to any, nor remedie himselfe, how much more may I, when I am weather beaten,
and in danger of betraying that precious soule which God hath embarqued in me, put off this burdenous flesh, till his pleasure be that I shall resume it? For this is not to sinck the ship but to retire it to safe Harbour, and assured Anchor. And thus our fourth Distinction, which was to embrace the reasons proposed by particular Authors, whether Divine or Prophane, and as well Oblique and Metaphoricall, as Direct, shall here be determined.
Distinction V.
SECT. I.
ANother sort of Reasons is produced from 1. Of Aquin. two reasons, from Justice and Charity. grounds of Morall Vertues. Of which 22. q. 64. ar. 5. S. Thomas proposeth two, which we limit for this Distinction; for that of Saint Augustine, That it is against Fortitude, hath another roome.) First then Aquinas saies, it is against justice, and against Charity.
And the first in two respects, both because he steales from the Universe, or from that State, Of stealing away himselfe from the State. to which his service is due, one person, and member of the body; and also, because he usurpes upon the right of God. But the first of these may as well be said of all who retyring themselves
from functions in the Common-wealth, defraud the State of their assistance, and attend onely their owne ends, whether in this life, or the next.
For certainely to doe even that, so intensly, 3. Monastique retiring is, in genere rei, the same offence. as we neglect ou
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office of Society is in genere rei, the same offence, as this.
But as there are many which follow Aquinas herein; So Navar, and Sayr, and others are 4. The better opinion, that herein is no sinne against Justice. up
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n better reason of opinion, that this can be no sinne against Justice.
And for the second reason, This is not to usurpe 5. I usurpe not upon his servant, but am his servant herein. upon Gods Authoritie, or to deale with another's servant; if I become his Servant, and his Delegate, and his Commissioner, in doing this, when he can be no other way so much gloryfied. And though the passage from this life to the next, bee not generally left to our freewill, and no body be properly Lord of his own life, yet Sayr. Thesau. Cas. Consc. l 7. ca. 9. Nu. 19.
[Though we have not Dominium, we have Usum, and it is lawfull for us, to lose that when we will]
Betweene which negative killing, and positive 6. Though we have not Dominium, wee have Vsum of this life, and we leave that when we will. killing, how little and narrow a distance t
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ere is, and how contiguous they are, we shall see in another place.
If therefore the reason why we may not dye thus, be, because we are not Lords of our own 7. The State is not Lord of our life, yet takes it away. life, but only God, then the State cannot take away our life; for Sayr. l. 9. c. 7. Nu. 2.
[That is no more Lord of our life, then we are,]
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hat is, she cannot doe
it, but in cases where she is Gods Officer.
And if in this case, there were any injury 8. If injurie were herein done to the State, then by a license from the State, it might be lawfull. done to the State, then certainly it were in the power of the State, to license a man to doe it, and he should upon such a license be excusable in conscience. For this, in the State, were but Cedere in re suo, which any may lawfully doe.
And lastly, if the State were injured in this, 9. And the State might recompence her domage upon the goods, or h
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i. e the State might lawfully recompence the dammage, upon the heire and goods of the Delinquent; which, except in those places, where expresse Lawes allow it, cannot be done.
Yet, I thinke, the better opinion, (to judge 10. In a man necess
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y there may be some injustice in this act. by number of Authors) will be, That if that person be of necessary use to that State, there are in it some degrees of injustice; but yet no more, then if a Generall of much use, should retire into a Monasterie. But if we may safely take this resolution, That it is not against justice, we may ease our selves of all that labour which must bee spent upon the third part; for, since the foundation of that will be principally the Commandement, Thou shalt not kill; If this killing be not against Justice, it is no breach of any part of the Decalogue, and so no sinne.
If any should thinke, that it may be an injustice to our selves, 22. q. 59. ar. 4. ad 3
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.
Aquinas in the same place cleares it. And if it were possible, for a 11. No man can doe injurie to himselfe. man to injure himselfe, which is not, yet this injury might be oftentimes such an one, as Cicero sayes, his banishment was, [Non modo non propul
sands, sed emenda,] considering how much happinesse might recompence it.
And whether it be against Charity or no, because 12. The question, whether it be against Charity,
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ted to the third part. Charity is not properly a Morall vertue, nor of this place, because many of those places of Scripture, which we must handle in the last part, are built upon this ground of Charitie, we will not examine, till we come thither. Here I will onely say, That though it be yet under D
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putation and questionable, whether this be against Charity, or no; this is certainly against Charity to pronounce so desperatly, as men use to doe, against them who fall into it.
SECT. II.
Of such reasons derived from the rules of Morall vertue, Aristotle insinuates two. For observing Of Aristotles two reasons. Of Misery, & Pusilanimity. that this kinde of death caught men by two bai
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s, Ease and Honour, Against them who would dy to avoide Miserie, Arist. Eth. l. 3. c. 6. Hee teaches Death to be the greatest misery which can fall upon us. Which (not to examine how it can consist with the rest of his Doctrine) was to that purpose, the most slipperie and insinuating perswasion.
And then, that Honour and Fame might draw none, Cap. 7. he sayes, It is Cowardlinesse, and Dejection, and an argument of an unsufferable and impatient minde. But of the first of these we have spoken before, in answer to one of P. Martyrs
reasons. And of the other we shall have occasion to say in ugh, when wee come to a place Infra fol. 249. where Saint Augustine sayes the same thing, and so we may ease this Distinction of that businesse.
Distinct. VI.
SECT. I.
HAving thus considered those Reasons, 1. Of Reasons to be made on the other part. which in the best Authors are to be found, and shewed such Rules, as serve for the true understanding of them, and of all others which spring from the same, or like heads, before wee determine this Second Part, which is of the law of Reason; it shall bee requisit that wee also touch those Reasons, which on our part are by others, and may bee by us produced, by which this Selfe-homicide may be delivered either a toto, or a tanto
But not to stop long upon that Law and practise 2. Of the Law of Rome, of asking the S
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nate leave to kill himselfe. in the State of Rome, That any who had his causes allowed in the Senate, might kill himselfe; upon which Decl
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m. 4.
Quintilian frames a Case, That a Sonne who by Math maticians Predictions, was first to kill many Enemies, and then his 3. Of the case in Quintilian.
Father; having in the warres performed the first
part, makes petition to the Senate, that before he come to performe the last part, he may be admitted to kill himselfe, and argues it for the Sonne, by many reasons appliable to his particular case, and to our maine question, I will hasten to our chiefe strength.
SECT. II.
It may then give much light to this businesse, if we compare Desertion and Destruction, and 1. Comparison of Desertion and Destruction. consider where and wherein they differ. Certainly, in Almighty God, it is not the same thing to forsake and to destroy, because he owes us nothing; and ever in his forsakings there are degrees of Mercy, because hee might then justly destroy us, and may after at his good pleasure returne againe to us.
But betweene men who are mutuall Debtors, and naturally bound to one another, it is otherwise. 2. Of Omissions equall to Committings. For a Magistrate, or Minister that abandons his charge, and neglects it, destroies it. So sayes In admonitorio.
Agapetus the Deacon to Justinian the Emperour, Privati vitium est patrare, principis omittere. Yea, a private man which hinders not a mans wrong, (when it belongs to him to do it) offers it. Dist. 86. pasce
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.
[Fame morientem si non paveris, occidisti,] saith Ambrose. And Tabula Paris. censuraru
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.
[That Clergie, man which hinders not a manslaughter, if hee can, is thereby irregular.] And he which to himselfe denies necessarie things, or exposes himselfe
inordinatly to such dangers as men use not to escape, kills himselfe. He that is as sure that this Medicine will recover him, as that this Poyson will destroy him, is as guilty if he forbeare the Physicke, as if he swallow the Poyson. For what is this lesse, then to attend the ruine of a house, or inundation of a streame, or incursion of mad beasts? They which compare Omissions, and Committings, require no more to make them equall, but that we omit something which we could, and should doe.
SECT. III.
First, therefore in all Lawes, in such faults as 1. In great sinnes, the first step imprints a guiltinesse, yet many steps to Self-homicide are lawfull. are greatest, either in their owne nature, or in an irremediablenesse when they are done; all approaches, yea the very first step to them, hath the same guiltinesse, and is under the same punishment, as the fault it selfe. As in Treason and Heresie, the first consent is the absolute fault.
And Stanf. Plees de Cor
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n. cap. Petie treason. we have an example of a Woman b
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rnt for petie T
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eason, for compassing the death of her husband, though it were not effected.
Homicide is one of those crying sins, and hath ever beene reckoned in Atrocibus. For though the Elian. l. 8. cap. 10.
Athenians removed all Dracoes Lawes by disuse, 2. Dra
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s laws against Homicide were retained. for their extreame severity, yet they retained those against Homicide.
And this Homicide,
Precepto 5. 3. Tolets five Homicides. saies Tolet, may bee done five wayes, by 1. Commandement, by
2. Advise, by 3. Permission, by 4. H
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lpe, or by the fact it selfe.
And in the fi
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st and worst Homicide committed 4. Foure of th
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se were to be found in Adams first Homicide in Paradise. in Paradise, in which were employed all the persons in the world, which were able to
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to evill, when though there was but one man, all the Millions which have been and shall be, were massacred at once and himselfe too, as many of these kindes of Homici
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es were found, as was possible in so few persons. For as Reuchlin. de verbo Mirisico. lib. 2. cap. 14. one notes, [The Serpent counsailed, the Woman helped, and Adam perpetrated,] and wee
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ay safely and reverently say) God permitted If then every one of these be a kind of Homicide, no approach towards it can be lawfull, if any bee lawfull, that is not Homicide. Let us therefore consider how farre, and in how many of these waies Selfe-homicide may bee allowable.
SECT. IIII.
First therefore, though it be the common received 1. Of Tolets first & second way by Precept, and Advi
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e, or option. opinion, Bartol. le. Non solum. F. de injuriis,. Si mandato.
[Mandatorem, & Man
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atarium eidem poenae subjici,] Yet by the way of Prec
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pt, we cannot properly work upon our selv
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s, because in this act, the same partie must be agent, and patient, and instrument.
Nor very properly by the second way of advise; yet so neere, we may come to the nature of it, that after discourse we may advise
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ly chuse one
part, an
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refuse the other, (for Reg. Jur. 3.
Cujus est velle, ejus est & nolle) and so we may w
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sh to our 2. We may wish Malum poenae to our selves, as the Eremite did to be possessed. selves, that which is naturally evill, I meane, Malum poenae; as the Sulpit. in vita Martini. Dialo. 1.
Eremite by earnest prayer obtained of God, that he might be possessed of the Devill for certaine moneths, because he found in himselfe an inclination to pride and securitie.
Thus certainely in some cases, we may without 3. Wee may wish death for wearinesse of this life. sinne wish Death; and that not onely for enjoying the sight of God, (for so Martialis ad Tholosanos. sayes a holy man, Pro visione Dei, millies corpus nostrum morti dare optamus) but even to be so delivered from the encumbrances of this life; for so it hath [rationem boni]
Coment. in Sam. l. 1. c. vlt. as Peter Martyr argues; and then, [Heptap. Pici. l. 7. Proem.
Nove meliorem est Corruptio p
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imae habitudinis.]
This therefore we may wish; and yet it is 4. It is sin to wish that evill were not so, that then wee might wish it. so farre from being lawfull to wish any thing which were evill; that [Adrian. quodlib. 10. ar. 2.
It is sinne to wish, that any thing which is naturally evill, were not so, that so wee might then wish it, when it were discharged of that naturall illnesse.]
Death it selfe therefore is not evill, nor is it 5. What wee may lawfully with, we may lawfully further. evill to wish it, is it evill to further that with more actuall helpe, which we may lawfully wish to be done?
These two extreme Religions, which seem to avile 6. Of wishing the Princes death. secular Magistr
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cie, and subject Monarchs either to an O
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dinarie, or else to a Consistorie, accept willingly this saying, Curse not the King, no not
in thy heart; That is, wish not ill to him. Nor have I observed that the Authors of either distemper have in their Books allowed, that the Subject might wish the death of the Prince, but in the same cases, where he might contribute his actuall helpe. For both Papists and Puritanes teaching that a lawfull King may become a tyrant, (which to my understanding cannot consist with the forme and right of an inheritable Monarchie.) Yet Saxavia de Imp. Author. Epistola. one who pretends to go the middle way (and that is truely in this case, Via Regia, sayes, [That as well wee, as the Romanists esteeme a King
7. In some opinions, false Religiō makes a Tirant.
of another Religion a Tyrant.] And [That it is impossible to make such a King, but he must be a Tyrant, in the opinion of one side.]
And for his own opinion delivers [Lib. 2. ca. 36.
That no man can be bound by oath of fidelity to the Pope, upon
8. Why an oth of fidelity to the Pope binds no man.
this reason, because he is not indeed Vicarius Dei, as he presumed him, and swore him to be.]
And conformably to this, Declaration & Protestation des Doctes de France. Anno 1605. that book whose title and scope is of the foundation of matter of State in France, and (as it pretends in all Christendome) when after it hath enraged Subjects 9. Who is a Tyrant in these mens opinions. against Tyrants, it comes to declare what a Tyrant is, exemplifies in the King of Spaine, and upon such reasons, as any Malignitie equall to that Author, may cast upon what Prince it will.
And lastly, who ever shall well compare (l) Beccariaes booke, with Bezaes, if that other Beccar. cont. lib. De. jure Magistrat. be Bezaes) though they differ Diametrally in many
things, yet by their collision and beating together, arise abundantly sparkes of this pestilent Doctrine, That as Tranquillity was, so now Religion is, the reason why wee admit Kings, and why they are none, when they neglect Religion; upon these Doctrines, I say, it is inferred, Carbo. Cas. Conc. Summa Summarum. Tom. 3. lib. 3. cap. 9.
[That it is lawfull to wish the death of a Tyrant, or of a favourer of Heretiques, though he dye in mortall sinne.] To wish therefore, and to doe, are naturally the same fault; and yet, though it be Sylvest. verb. Martyr.
[a sinne to offer my selfe even to Martyrdome, only for wearinesse of life.]
Navar. Manual. Ca. 15. Nu. 11.
[Or to wish death simply for Impaciencie, Anger, Shame, Povertie, or Misfortune;] yea to wish heaven meerely for mine owne happinesse; yet certainely Phil. 1. 23. S. Paul had some allowable reasons, to desire to be dissolved, and to be with Christ. And 10 How death may be wished by Calvine.
In 2 Cor. 5. 1 Marlorate.
Calvine by telling us upon what reason, and to what end he wished this, instructs us how we may wish the same. He sayes, Paul desired not death, for deaths sake, for that were against the sense of Nature, but he wished it, to be with Christ.
Now, (besides that, by his leave,) we desire many things which are against the sense of Nature, to grant that we may wish death to be in Supra. heaven, (though Peter Martyr before alledged, be of the same perswasion) is a larger scope, and somewhat more dangerous and slippery a graunt, then wee urge towards, because herein onely the interest and good of the party seeme
to be considered; And yet (a) Emanuel Sâ extends 9 Eman. Sâ Aphor. Confes. ver. Charitas. it farther. [That wee may wish sicknesse to one, for his correction; and death for the good of the State; yea to our Enemie which is like to doe us much
11 How we may with death to another for our owne advantage.
harme for avoiding this our particular damage; and we may rejoyce at his death, even for that respect of our owne d
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livery] All which will hold as well, if we be urged with like reasons, to wish it to our selves.
To conclude therefore this point, That it may become lawfull to wish our owne death; 12 Ph. Nerius consented to the death of one who wished his own death. I will onely relate an History, which though it be but matter of fact (if it be so much) yet it is of such a person, as his acts governe and perswade, with very many, as farre as Rules. Vita Phil. Ner. fol. 284. In the life of Philip Nerius, who in our age instituted the last Religion approved and established in the Church of Rome, we read, that he being entreated (as he was ordinarily in like desperate cases,) to come to one Paulus Maximus a youth of 14. who was then ready to expire his soule by sickenesse, before he could perfit his Sacrifice, and the office which hee had begunne, before the message came to him, the young man dyed. When hee had been dead about halfe an houre, Nerius came, and after he had used some lowd exclamations, the youth revived againe, looked up, and talked in secret with Nerius a quarter of an houre. The discourse
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nded, Nerius gave him his choise, whether he would live, or dye; and when the boy wished
death, he gave him leave to dy againe. Now, though it were a greater miracle, then any in that book; if any man should beleeve all that are in it, (for in it are attributed to Nerius, stranger things then the Liber Conformi. Fran. & Christi. book of Conformities imagined in Saint Francis (for I beleeve that Authuor purposed onely like Xenophon or Plato, or Sir Thomas Moore, to ideate and forme, then to write a credible History, though Sedulius Minor. advers. Alcor. Francis.
Sedulius have defended it, with so much earnestnesse of late; yet thus much is established out of this, whether Fable or History, that their opinion, who authorised this book, is, that it was lawfull in Maximus to wish his own death, since a man of so much sanctity as Nerius, did approve and second, and accomplish that opinion of his.
SECT. V.
The next species of Homicide in Tolets division, 1 Of Tolets 3. species. by permission which is Mors Negativa.
is Permission; which when it is toward our selves, is by the Schoole-men usually called Desertion, or Dereliction, and Mors negativa.
Of which I perceive not any kinde to be more obnoxious, or indefensible then that which is 2 Of standing mute at the Barre. so common with our Delinquents, to stand mute at the Barre. And though Civill Lawes which are often enfo
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ced to chuse of two evills, the least, that is to say, the least hurtfull to civility and society, and must admit sometimes particular mischiefe, rather then a
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generall inconvenience,
may excuse this; yet, since out of the law of Conscience, which can in no case come to be so entangled and perplexed, that it can be forced to ch
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se any thing naturally evill, no man hath as yet, to my knowledge, impugned this custome of ours, it seemes to me, that aswell our Church as our State, justifies this Desertion of our selves: and this, for so low and worldly a respect, as the saving of our temporall estate, or escaping the ignominy of another death.
But that we may the better discerne the limits, 3 Three rules from Sotus, Navar, and Mald. to guide us in these Desertions of our selves. how farre these Omissions, and Desertions, and Exposings of our selves, are allowed us; first I must interpret one Soto. de teg. saeret. membr. 1. q. 3. rule, [That charity begins with it selfe, to bee understood onely in spirituall things.] For I may not doe a sinne, to save (in the language of Schoole-men) the goods, or honour, or li
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e, of the Pope; but for temporall things I must prefer others before my selfe, if a publique profit recompence my private Domage. Nava. Manual. I must also lay down another rule, [That as for my selfe, So for my neighbour whom I am bound to love as my selfe,]. I may expose goods, to safegard honour, and honour, for life, and life for
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profit. And to these I must joyn a third rule, Sum. Maldo. q. 14. ar. 6.
[That no man is at any time enforced to exercise his priviledge.] [For the written Law every man is bound to kn
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w, but
Acacius de privilegiis l. 1. cap. 9.
pr
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viledges and exemptions from that Law, he may be exc
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sably ignorant of and in such ignorance transgresse them.] Hereupon i
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is sa
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ely infer'd, that though every man have naturally
this priviledge, to resist force with force, and be authorised by that, to lay violent hands, even upon the Popes life, as Gerson.
Gerson exemplifies, or upon the Emperours, as Acacius de privile. l. 1. c. 8.
Acacius, when either of them exceeds the limits of their Magistracy, (for then the party becomes the Depu
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y, and Lieutenant to Nature, which is a common and equall Soveraigne to them all.)
Yet I may wayve this benefit, if I will, and 4 I may suffer a thiefe to kill me. even by a theefe, I may suffer my selfe to be killed, rather then kill him in that mortall sinne. Sayr Thesau. Cas. Cons. l. 7. cap. 9. nu. 17. Which our Countryman Sayr, holds as the common opinion from S
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tus, Navar, Cajetan, and many others. And none, that I have seen excepts to it, in any other person then a Souldier, or such as hath the lives and dignities of others so enwrapped in theirs, as they cannot give away themselves, but by betrayin
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others. And this Desertion seems to bee of Naturall reason, because it is to be found in all lawes; for even in the Alcor. Azoar. 52.
Alcorum we read [Vindicans non est reus, Patiens tamen optime facit.]
And our law, which if a man kill another in 5 Of se desendendo in our law. his own necessary defence, punishes him with losse of goods, and delivers him from death, not by acquitall, but by way of pardon, seemes to me, to pronounce plainly, that it is not lawfull to defend my life by killing another; which is farther, then any of the others went. And when I c
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mpare our two lawes, That if I defend my se
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fe I am punished, and the other before
mentioned, That if I kill my selfe I am punished in the same manner, and measure; they seeme to me, to be somewhat perplexed and captious.
And as I may depart from my naturall priviledge 6 I am not bound to escape from prison if I can, nor to eate rather then starve. of defending my selfe, so I may obtain from any extrinsique or accessory helpe, which is casually, or by providence (if God reveale not his will therein) presented unto me, Eman. Sa. Aphor. Conses. ver. Charitas.
[for a man condemned to death, is not bound in conscience to redeeme his life with money, though by the law of the place he might doe it. And though Aquin. 22. q. 69. ar. 4. ad 2. Saint Thomas say, [That he which is condemned to dy, kills himselfe, if he apprehend not, an opportunity to escape by flight, when it is presented, and likewise if he refuse meate, when he is condemned to be famished,] yet the Sayr Thesau. Cas. Cons. l. 7. cap. 9. whole streame is against him, Sotus, Navar, Cajetan, and Sayr. And Navar adds, that in these dayes (and yet now it is not so likely to be Symbolum Idolotricae pravitatis) a man is bound rather to famish, then to eat meat offred to Idols.
And therefore they say; that Aquinas his opinion, That a man is bound to use his priviledge 7 For ends better then this life, we may neglect this. for safegard of his life, is onely true then, when he doth not wayve it, for some end berter and worthier then our naturall life; of which sort all spirituall advantages are. So that in such cases they all agree, we may abandon and forsake our selves.
And we may step farther yet in this Desertion; 8 I may give my life for another. for we may offer our selves for the good of our neighbour. For the temporall life cannot
be more precious then our soule; which, in rigour is murdered by every sinne consented unto. Yet Chris. Hom. 32. in Genes.
Chrisostome sayes, [No praise is enough to give Sara for consenting to ly, and to submit herselfe to Adultery for salvation of her husbands life.] I know Aug. l. 22. adver. faustum. cap. 33. Saint Augustine is earnest against this.
But his earnestnesse is upon the matter of fact, 9 Chrisostomes opinion of Sarahs ly, and Adultery. And St. Aug. of that wife who prostituted her selfe to pay her husbands debt. for he denyes that either Abraham or Sara consented to any sinne; But when he Ca. 27. & primo: Deserm. Dom. in monte. disputes De jare, whether Sara by Abrahams consent might expose her selfe, to save his life, and is much troubled with the example of one which was prisoner, for debt to the State, under Acindinus a Praefect, under Constantius, whose wife being solicited by a rich man, who would give so much as would discharge her husband, to possesse her own night, by her husbands consent, earned his liberty in that manner; at last he leaves it indifferent for any man to think it lawfull or unlawfull in such a necessity, though indeede his own opinion decline from it. Bonavent. 3. Dist. 29. q. 3.
Bonaventure denies, that for the temporall good of another, I may offer willinlgy my life. But he grounds it upon the same reason that Aug. de mendacio. c. 6.
Augustine
10 That to give my life for another is not to prefer another, as Bonaventure, and Aug. say, but to prefer vertue before. life. doth; That we may not love another more then our selves, which in this case we seeme to doe.
But many of the Fathers, Hierome, Ambrose, and Lactantius, and many of the Schoole, as Aqui
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Fra. Victoria, Sotus, Bannes, and infinite are
against him: and answer Saint Augustine thus, That in that case, a man doth not prefer his friend before himselfe, but he prefers an Act of vertue, and of friendship, as things of more spirituall Nature, before his own temporall life.
But that for the spirituall good of another, 11 For spirituall good is without question. a man should expose his own life, is an unresisted doctrine, and as Sayr Thesau. Cas. Cons. l. 7. c. 9. nu. 17.
Sayr saies, [It is sub praecepto,] So Eman Sa. Aphor. Converbo Charit. a Curate is bound to baptize, and to anoint in the plague time. Yea, it is an act of Vertue, though not of necessity, (as in the Curates case) Idem verbo Ho.
[To visit a sick man, in such a time, though you bee a private man, and your end be not spirituall comfort.
12 I may give another that without which I cannot live.
And we may yet proceed farther, for wee may lawfully dispossesse our selves of that, which was before afforded us, and without which we can have no hope to sustaine our lives. Aquin. 22. q. 32. ar. 6. As in a persecution, a private man, having food left sufficient only to sustaine one man, may give it to a publike person, and so perish. And only Sotus denyes, that in a shipwrack, if after wee Sotus. have both beene in equall danger, I catch and possesse my selfe of any thing to sustaine me, I 13 I may over-fast my selfe. may give this to my Father, or to a Magistrate: against the strength of Navar, Tolet, Fra. Victor. and many others.
The farthest, and uttermost degree of this Desertion, is inordinate and indiscreete voluntary fasting, of which Saint Hierome, (as it is
De Consecr. Dist. 5. Non Mediocriter related into the Canons) sayes, [That by such an immoderate innocence, and indiscreete singing of Psalmes, and Offices, a man looseth his dignity, and incurres the note of madnesse,] And upon this place
Navar ex Dist. 5. de cons. This in Saint Hieroms opinion is Selfhomicide.
Navar sayes, That Saint Hierome pronounceth, an [Indiscreete fasting which shortens the life, if the party perceive that it worke that effect, though it be without intention to shorten his life, and that he doe it, to be the better able to satisfie God, yet it is a Selfe-Homicide.] And Soto de tegsecret mem. 1. q. 3. ex Hieron hee adds in another place, speaking of the same purpose, [It makes no difference whether thou be long in killing thy selfe, or doe it at once]
And Cas. Collatione 2. c. 6. so Cassianus sayes expresly, [That
15 Of the Friar whom Cassianus calls a Selfe-Homicide for refusing bread from a theefe, upon a vow. Of Christs fast.
that Friar killed himselfe, which having vowed in his journey, to eat nothing except Godgave him meat immediately, refused to eat, when theeves accustomed to kill passengers by that place, came and presented him bread.] And yet, though he saies he killed himselfe, he imputes nothing to him but Indiscretion. And therefore saith Bosquier Cove. 17. one, [Our Saviour Christ exceeded not 40. dayes in his fast, Ne sui Homicida videretur.] And he interprets that
c Idem Cove. 18.
16 Of Philosophers inordinate fasts. word, Porphir. de Abstiu. Anti.
Esuriit, [That then he perceived his body to languish and suffer detriment by fasting] For, if he had not hungred till then, his fasting had had no vertue. So that he gave over, when he found the state of his body impaired by fasting, yet pursuing and imitating the superstition of the Philosophers, who taught that Idem de occasionibus.
[Dum corpus augemus, mortaliores efficimar,] And that (e) [Per tenuitatem
assimilamur Deo,] How much the writers in the Romane Church suffer, and obliquely adhort these inordinate Fasts, and other disciplines, appears by that which I cited out of Clarus Bonarscius
Supra. before, and wheresoever they have occasion to speake thereof.
And in no one thing more, then that they 17 Of the devills threatning S. Francis for fasting. inculcate so often, [That it was the practise of the Devill, to appeare to Saint Francis, and cry out to him, that no man which kills himselfe with such maceration, could be saved,] which Cap. de Austeritate.
Bonaventure relates in his life.
Whatsoever hath beene done by others, they 8 Examples of long fasts. teach, we ought to exceede. And since Middendor. de Academiis fol. 298.
[The Monkes in Prester John his Dominions, fast strictly fifty dayes, and stand all that time to the chinne in water.] Since they finde in Lilius Gyr. Dialog. 17.
Abbas Vrsperg, a maid that fasted two year and a halfe after she had received the body of our blessed Saviour.
And an Eremit 22. yeares, without receiving 19 Reasons, effects, and obligations, to rigorous fasts. any thing, they say no fast can be too severe, which is undertaken to reduce our body to a tamenesse. Yea, Sayr Tbesaur. Cas. Cons. l. 3. cap. 7. 11. 13.
[though that be already perfectly effected, yet a man is bound to the fasts injoyned.] For Azor. Mor. Inst. pa. 1. l. 7. cap. 3
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.
[Fasting, without charity, doth wash away sinne.] By this rigor of fasting, they seeme sure, that our Saviour watched all those 40 dayes: because Bosqui. Coue. 17.
[Qui dormit, prandet.] And as it is not likely that Moses slept in his 40 dayes conversation with God, so is it unlikely that Christ did lesse then he. And so Saint Francis is extoll'd
by them, for observing three Lents every year, which Hier. Epist. ad Marcell. Saint Hierome so much detests in the Montanists. And though their ends were divers, yet this shewes, that to some ends, these enormous witherings of our bodies are allowable. Upon which reason Mat. 3. 4.
John Baptists austerity is so much dignified; And Greg. Naz. Oratio, de Cura pauperum. Saint Peters feeding upon Lupins; And Clem. Alex. l. 2. Paedag. c 1. Saint Matthewes living without flesh. And not onely the Emperour Iustinians choise, Procop. Gaz. l. 1. de aedificiis Iustiniani.
[Who in an extreme sickenesse in Lent, would take nothing but hearbs, and salt, and water,] but also the Sayr. Thesau. Cas. Cons. l. 7. c. 9. N. 30.
Carthusian Rule, by which though it appeare that flesh would save the Patients life, hee may not eate it. And by the Clem. Apostol. Constit. l. 4. cap. 7. Apostolicall constitutions, (which Turrianus extols so much, that by them he confutes much of the Reformed Churches doctrine) [A man must fast to death, rather then receive any meat, from an Excommunicate person.] And in another Chapter, Ibid. cap. 9.
[If any thing be in a case of extreame necessity accepted from such a person, it may bee bestowed in full, that so their Almes may be burnt, and consumed to ashes, but not in meate to nourish our selves withall.]
So, to determine this Section of Desertion, since 20 Corollary of this Section of Desertion. we may wayve our defence which Law gives, by putting our selves upon a Jurie; and which Nature gives, to repell force with force, since I may without slying, or eating when I have meanes, attend an Executioner, or Famine, since I may offer my life, even for anothers temporall
good, since I must doe it for his Spirituall, since I may give another my board in a Shipwracke, and so drowne, since I may hasten my arrivall to heaven, by consuming penances, it is a wayward and unnoble stubbornesse in argument, to say still, I must not kill my selfe, but I may let my selfe dye; since of Affirmations and Denyals, of Omissions and Committings, of Enjoy
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ing and Proh
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bitory Commands, ever the one implies and enwraps the other. And if the matter shall bee resolved and governed only by an outward act, and ever by that; if I forbeare to swimme in a river and so perish, because there is no act, I shall not be guilty, and I shall bee guilty if I discharge a Pistoll upon my selfe, which I knew not to be charged, nor intended harme, because there is an act.
Of which latter opinion Mariana de Rege, l. x. cap. 7.
Mariana the Jesuite seemes to be, as we shall have occasion to note, in the next Member and species of Homitide, which is, Assistance.
SECT. VI.
But before we come to that, we must, though 1. Of another degree of Homicide, by Mutilation, which is not in Tolets Division. it be not, nor naturally could be delivered in Tolets Division; consider another species of Homicide, which is Mutilation or Mayming.
For, though in Civill Courts, it be not subject to like penaltie, yet if it bee accompanied with the same Malignitie, it is in conscience
the same sinne, especially towards our selves; because it violates the same reason, which is, that none may usurpe upon the bodie over which he hath no Dominion.
Upon which reason, it is also unlawfull for us to 2 Of delivering ones selfe into bondage. deliver our selves into bondage; (which I mention here, because it ariseth from the same ground, and I am loath to afford it a particular Section. Yet Baron. Martirol, Junii 2. holy Paulinus, a Confessor, and Bishop of Nola, then whom I find no man celebrated with more fame of sanctitie and integrity, to redeeme a Widowes Sonne, delivered himselfe as a a slave to the Vandals, and was exported from Italy to Afrique; and this, as I thinke, when hee was necessary to that place, being then there Bishop; for that was but five yeares before his death.
But to returne to Mutilation, Tabula Paris. irregularit. it is cleare by the Canons, that towards irregularity, it works as much, and amounts as farre, to have maymed, as to have killed.
And Binius To. 2. pa. 2. fo. 1280. in a Councell at London, Anno 1075 3 By divers Canons it is all one fault. one Canon forbids a Clergy man, to bee present at judgement of death, or of Mutilation. And amongst the Can. Apost. Can. 21. Apostles Canons this is one, [He that gelds himselfe cannot be a Clerke, because he is an Homicide of himselfe, and an enemy to Gods creature. [Stanf. Plees del Coron.
And to geld, is to maime in our Law.]
So in the next Canon it is said, [Canon. 23.
A Clerk which gelds himselfe must be deposed, Quia homicida
sui.] Canon. 23.
And a Lay-man must for that fault be excommunicated three yeares, quia vitae suae posuit insidias.] It was therefore esteemed equivalent to killing.
And Calv. in Mat. 19. 4. Marlorate.
Calvine, esteemed it so hainous, that he builds his Argument against Divorce upon this ground, [God made them one Body, and it is in
4 Of Calvins argument against divorce, upon the ground of Mutilation.
no case lawfull, for a man to teare his owne body.] But if this be so lawfull as Divorces are lawfull, certainly this peremptorie sentence against it, must admit some modification.
Without doubt, besides the examples of holy men who have done it, to disable themselves 5 The example of Saint Mark to escape Priesthood. from taking the burden of Priesthood, of which Hicr. Prolog. in Marcum. Saint Marke the Evangelist was one, who to that end cut off his thombe. And besides, that as our Saviour said, Mat. 19. 12.
[Many should geld themselves for the Kingdome of heaven.] So Orat. vero Anto. & commodo Philosophis.
Athenagoras, 50 yeares after Christ, saies, [that many did practise it.] It is doubted by none, [But
Sayr Thes. Cas. Cons. l. 7. cap. 9.
that a man unjustly detained to a certaine execution, may cut off that limbe by which he is tyed, if he have no other way to escape: or being encompassed
6 In what cases it is cleare that a man may mayme himselfe.
with doggs, he may cut off a hand, and cast it to them, to entertaine them while he escape.
SECT. VII.
The last species of Homicide, on this side; the 1 Of Tolets fourth way, by actual helping last act, is an actuall helping and concurrence to it. And every step and degree conducing purposely
to that end, is as justly by Judges of Consciences, called Homicide, as Ardoinus de venenis l. 8. c. 20 Ardonius reekóns a Flea amongst poysons because it would kill.
Ardoinus recknoning up all poysons, which have a naturall malignity and affection to destroy mans body, forbeares not a Flea, though it never kill, because it endeavours it, and doth all the hurt it can; and he is diligent in assigning preservatives and restoratives against it.
And 2 Sam. 1. 16. so to that Amalekite, which told David he helped Saul to dy, when hee found him 2 David condemned the Amalekite, who said, he helped Saul to dye. too weake to pierce himselfe, David pronounced judgement of death, for (saith hee) thine owne mouth hath confessed, That thou hast kill'd the Lords Anointed.
Certainely, Mariana de Rege. l. 1. c. 7.
Mariana the Jesuite, whom I named before) esteemes this actuall concurrence to ones death, as heavy as the act it selfe; 3 Marianaes opinion, that a King drinking poyson, prepared and ministred by another, he being ignorant, is a Selfe-homicide.
yea, as it seemes, though the party bee ignorant thereof. For, after hee concluded how an Hereticall King may be poisoned, he is diligent in this prescription, [That the King bee not constrained to take the poyson himselfe, but that some other may administer it to him: And that therefore it be prepared, and conveied in some other way then meate or drinke, because else, saith he, either willingly or ignorantly he shall kill himselfe.] So that hee provides, that that King who must dye under the sinnes of Tyranny and Heresie, must yet be defended from concurring to his owne death, though ignorantly, as though this were a greater sinne.
Since therefore this hastning of our death by such an act, is the same, as the intire Selfe-homicide, let us consider how far
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e irreproved Custome, and example, and Law doth either allow or command it.
For that it is allowable, it seemes to me some proofe, [Sotus de teg. Secret. Memb. 1. q.
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That before any man accuses him, a Malefactor may go and declare his fault to the Iudge.]
Though amongst Italian relations, Sansovin. de Gover. that in 4 A Malefactor unaccused, may accuse himselfe.
Sansovine concerning England have many marks and impressions of malice, yet of that custome, which hee falsely sayes to bee observed here, [That men condemned to be hanged are ever accompanied
5 Of Sansovinus relation of our customes at Executions, and withdrawing the pillow in desperate cases.
to their Executions by all their kinred, who then hang at their feet, to hasten their ende; And that when a Patient is abandoned by the Physicians, his neerest kinsman strangles him with a pillow.] Of this, I say, that Author had thus much ground, that ordinarily at Executions, men, out of a Charitie, as they thinke, doe so; and women which are desperate of sicke persons recovery, use to take the pillow from under them, and so give them leave to dye sooner. Have they any more the Dominion over these bodies, then the person himselfe? Or if a man were able to doe these Offices to himselfe, might he not doe it? Or might he not with a safe conscience put so much waights in his pockets, as should countervaile their stretchings? I speake but comparatively; might not he doe it as well as they?
For to my understanding such an act, either 6 Of breaking leggs of men at executions: And of breakinge the halter. in Executioner or by-stander, is no way justifiable; for it is both an injury to the party, whom a sudden pardon might redeeme; and to the Justice, who hath appointed a painfull death to deterre others. Iohn 19. The breaking of legs in Crucified men, which was done to hasten death, was not allowed but upon Petition. And the Law might be much defrauded, if such violence might be used, where the breaking of the halter delivered the Prisoner from death; as in some places it doth; and Lucas depenna l. 1. c. de descr. et occult. Iohan. de Ant. Soliloq. 5. Optine. in D: leg. Imperium. good opinions concurre, that it is to doe ever without doubt, whatsoever is for ease, or escaping painfull passage out of this life; in such cases, a man may more allowably doe by his owne act, then a stranger may. For Law of Nature enclines and excuses him, but they are by many Lawes forbidden to hasten his death; for they are no otherwayes interessed in it, then as parts of the whole body of the State, and so it concernes them, that Justice be executed. Yet we see, this, and the other of withdrawing the pillowes, is ordinarily done, and esteemed a pious office. The Athenian Executions were ever by the hand of the offendor, in judgements of poyson.
And in Num: 5. that law of Purgation assigned by God, to ease a man on whom the spirit of 7 Of the purgations assigned by Moses
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n cases of jealousie. Jealousie was come, the Woman was to take the water of curses and bitternesse, which should make her infamous, and her belly swell, and
her thighs to rot. And those formes of Purgation, which were called Vulgares, lasted long, Of formes of purgation called Vulgares.
even in the Church; For there is nothing extant against them, till 2. q. 5. consuluisti.
Stephen the fift, Anno 885.
And not onely Tholos. Syn. l: 48: c: 15. n: 7.
Charles the great, in whom the Church acknowledged Piety enough, induced one forme severer then the rest, which was to walke upon 9 burning Harrows. But Greg. Turo. Hist. Fraucor. l: 2: c:
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:
Britius a Bishop, being but callumniated by the people extrajudicially, to have got his Laundresse 9 Charlemaine brought in a new purgation. And Britius a B. another being acquitted before with child, after his innocence had prevailed so farre with God, that the childe of 30 daies age, being adjured in the name of Christ, had acquitted him, did not admit, but chose and extort a forme of Purgation, to carry burning coales upon his head. With us, Lamb. de legibus priscis Anglorum. both the species of Ordalium lasted evidently till King Johns time.
And though into that of boyling water men were forced to goe, yet that was but for the 10 With us bothkindes of Ordalium, by water, and fire lasted till K. Iohns time. meaner sort; but to carry the three pound weight of red hot Iron, which was for the Purgation of the persons of better qualitie, was an act, as all the former were, in which a man must of necessitie doe some thing actually himselfe, and 11 In al these, and in battaile the party himself assisted to his payne. bee the Executioner of his owne Judgement; which as long as these formes of Purgation, and the other by Battell, were lawfull, was lawfull also to be done.
And in S. Dorothaus, who euery where professes
a love to that obedience, which himselfe 12 Three examples of actuall helpers to their owne destruction in S. Doroth.
calles indiscreet, you shall reade many prayses given to men, who did not onely forsake themselves, but actually further their destruction; though not effectually; which makes no difference, if it be in dangers, which usually men escape not. B: Doroth. doctrinâ 1. de Renunciatione. He prayseth one Fryar, who being by his Abbat commanded to returne that night, the waters being risen, committed himselfe to a raging torrent, in such an obedience.
And another, who being bid by his Abbat, to goe into the Towne, where he doubted hee should fall into some tentation, by some spectacle, went but with this protestation, That he hoped not in the protection of God, but in him who sent him. But the most naturall to our present purpose is this; Idem Doct: 7. de accus. sili ipsius. That a holy old man seeing his servant mistake poyson for honey, and put it into his broth, eate it neverthelesse without chiding; and when the servant perceived it, and exclaimed, Sir, I have kill'd you, answere, it is all one, for if God would have had mee eate honey, he would have directed thy hand to honey.
Of the holynesse of Joseph of Arimathaea, we have testimony enough; Supplement: Chron. an. Chr. 3. who being sent by the Apostles to preach the Gospel, amongst other persecutions, was constrained to drinke 13. Of
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oseph of Arimathaea his drinkinge poyson. poyson: in which there must of necessitie bee such an act, as we dispute of now.
How much did Navar man. ca: 1. n. 28.
Baint Andrew contribute
to his owne Crucifying? How much Saint Laurence 14. Of Saint Andrew and Saint Lawr.
to his broyling, when he called to the Tyrant, This side is enough, turne the other, and then eate?] [Controv. 3.
Magni quod faciunt, praecipiunt,] sayes, Quintillian. And these acts of men, otherwise esteemed holy, may ever be good warrants and examples to us, when the cause is not prejudged by any greater authoritie, as Scripture, or Councells, nor that very act accused by any Author.
But to stay no longer upon Examples, amongst Casuists I observe the greater number to deny, 15. Casuists not clear whether a condemned man may doe the last act to his death. that it is lawfull for a man condemned, to doe the last and immediate act conducing to death, as the drinking of poyson; But the acts some what more removed, they agree he may doe.
And even this act of drinking poyson, Relect. de Homicid: n: 30: in refp. ad 8.
Fra: a Victoria defends, to be lawfull. So that amongst them it is not clear, but that a man may do it. Yea, in very many cases, it is not onely lawfull to doe as much, without any condemnation, but it is 16. But unto Curates and Priests sometimes it is sub praecepto, even without condemnation. necessary, and by their rules, sinnefull to omit it. For Curates must goe to infected houses, to minister the Sacraments. And Sayr Sum: Sacram. poenit: cap 32. if a Priest enter a wood, where three waite to kill him, and one of them repenting that purpose meet him; and by way of Confession sub Sigillo, discover the fault, the Priest is bound to goe forward to a certaine death into a wood, rather then by returning to let the others know, that he knew it by confession. So peremptory is their Doctrine, how ever their practise be, against revealing
Confessions. And though perchance this seeme a wanton case, framed upon impossible concurrences, as De teg. Sec. memb. 3. q. 4.
Soto esteemes of it, yet the reason may have use; That though selfe-preservation be Divine Naturall Law, and the seale of Confession but Divine Positive Law, yet because circumstances are not alike, in this, a publique good shall be preferred before his private life. So that we may doe some Acts our selves, which conduceth probably, yea certainly, as farre as humane knowledge can reach, to our destruction: which is the neerest step to the last act of doing it intirely our selves.
SECT. VIII.
Of which last act, as we spoke whilst we considered the Law of Nature, and must againe 1. Of Tolets last Species of Homicide which is the act it selfe. when we come to understand those places of Scripture, which seeme to ayme towards it, so before wee conclude this part, of the Law of Reason, we may fitly present such deductions, comparisons, and consequences, as may justly seeme in reason, to annihilate or diminish this fault. Of which, because most will be grounded, either upon the conscience of the Doer, 2. How farre an erring conscience may justifie. or upon the Churches opinion of the fact when it is done, wee will onely consider how farre an erring Conscience may justifie any act, and then produce some examples of persous guilty of this, and yet canonized by the Church, by admission
into the Martyrologe, and assigning them their Feasts, and Offices, and Vigils, and like religious Celebrations. Therefore to make no use of Diog. Laert. lib. 8.
Pythagorus example, who rather then hee would offend his Philosophicall conscience, and either tread upon the Beanes himselfe, or suffer 3 Pythagoras conscience. his Scholers to speake before their time, delivered up himselfe, and forty of them to his Enemies sword. And to avoide the ambages and multiforme entangling of Schoolemen; herein we will follow that which is delivered for the common opinion; which is, Azor. Inst. Mor p. 1. l. 2. cap. 8. that not onely a conscience which errs justly probably and Bona side, that is, after all Morall industry and diligence hath beene used, (yet I meane not exquisite diligence, but such as is proportionall to the person, and his quality, and to the knowledge which that man is bound to have of that thing, at that time) is bound to doe according to that mis-information, and mis-perswasion so contracted. But also, if it erre negligently, or otherwise viciously, and mala side, as long as that errour remaines and resides in it, a man is bound not to doe against his conscience.
In the first case, if one in his conscience thinke that hee ought to lye, to save an innocent, or that he ought to steale to save a famished man, he is a Homicide if he lye not, or steale not.
And in the second case, though he bee not bound to any Act, yet it is lawful to him then, to omit any thing necessary otherwise. And this
obligation which our Conscience casts upon us, is of stronger hold, and of straighter band, then the precept of any Superiour, whether Law, or person; and is so much juris naturalis, as it cannot be infringed nor altered, beneficio divinae indulgentiae, to use their owne words. Which Doctrin, as it is every where to be gathered among the Casuists, so is it well collected and amassed, and and argued, and confirmed, especially by Azorius. If then a man after convenient and requisite diligence, despoiled of all humane affections, and self-interest, and [Sancto bonaee impatientiae igne
Epist. 3. Sever. lib. 1.
exardens,] as Paulinus speaks; do in his conscience beleeve that he is invited by the Spirit of God to doe such an act as Ionas, Abraham, and perchance Sampson was, who can by these rules condemne this to be sinne? And therefore I doubt there was some haste and praecepitation in Cassia
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. Collat. 2. cap. 5.
Cassianus his judgement, though otherwise, a very just esteemer and valuer of works of devotion and obedience; who pronounces that that apparition of an Angell, to Hero an Eremit, after 50 yeares so intense and earnest attending of 4 Of the apparition to Hero an Eremit by which he killed himselfe; out of Cassianus.
Gods service, and religious negligence of himselfe, that he would scarse intermit Easter day, from his strict fasting, and being now Nazarius constantio.
Victoriarum conscientia plenus, (as the Panegyrique saies) was an illusion of the Devill to make him destroy himselfe. Yet Hero being drawn out of the Well into which he had cast himselfe, and living three dayes after, persisted in a devout acknowledgement
that it was the Spirit of God, which sollicited him to that, and dyed in so constant an assurance and alacrity, that Paphnutius the Abbat, though at first in some suspence, did not number him inter Biathanatos, which were persons reputed vitiously to have killed themselves.
Nor may it be necessarily concluded, that this 5 The Devill sometimes sollicites to good. act was therefore evill, if it appeared to be from the Devill. For Wier. l. 5. c. 1
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Wierus, tells us of a maid whom the Devill perswaded to goe such a Pilgrimage, and at such an Altar, to hear a Masse, for recovery of her health.
Certainly if as Vasq. de adorat. l. 3 disp. 1. cap. 5.
Vasquez holds, [it be not Idolatry to worship the Devill in an Apparition, which I thinke to be God] it can be no offence to beleeve 6 By Vasquez it is not Idolatry to worship God in the Divell. him, after I have used all meanes to discerne and distinguish: For not onely those Rules which are delivered ordinarily to know him by, are apparantly false, which are a difference 7 Rules to distinguish the spirits by marks are false. in his hands or feet, or some notable deformity by hornes, or a tayle, of which Binsfeld. de confes. sagarum, f. 67. Menghi fustis Daemonum, cap. 8.
Binsfeldius seems confident of the first, and (h) Menghi of the second. But that Rule that God alwaies infuseth or commands good things, if it be understood of that which is good, in the common and naturall course is not alwaies safe, for it held not in Abraham, nor the Israelites case. 8 So is the Rule, That good Angels alwaies move to good ordinarily. Therefore though Vasquez his first excuse, That such a worship is not Idolatry, because by reason of our immediate relation to God, we never arrest nor stop upon the Devill by the way, will
doe no good in our case of beleeving, yet his other will, which he hath in the same place, That 9. As in adoration, so in this case, invincible ignorance may excuse. there may be an invincible ignorance, and that in that any exterior act whatsoever, proceeding from a sincere and pure intention of the mind, is an act of true Religion. For safelier then the Inc. Constan Panegyrick could say to Constantine, [Suacuique Prudentia Deu
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est] may we say of every mans conscience thus rectified. If therefore they will still turn in their circle, and say, God concurs to no evill, we say nothing is so evill, but that it becomes good, it God command it; and that this is not so naturally evill, that it requires a speciall commission from God
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; but as it becomes good, if he commands it, so it becomes indifferent, if he remove the reasons with which the precept against it was conditioned. If they Supra. returne to S. Augustins two reasons against Donatus, whereof the first was, [we have authority to save thy body against thy will,] And the second, [None of the faithfull ever did this act] we are thereby hastned to the other consideration, how they which have done it, have been esteemed of by the Catholique Church. 10. Of Saint Aug. his first reason to Donatus, that we may save one against his will.
But to speake a little in passing of Saint Augustines second reason, (for the first hath very little force, since though it may be lawfull to preserve a man willing to die, yet it is not alwaies of merit, nor obligatory; And therefore Ignatius ep: ad Romanos.
Ignatius doth so earnestly dehort the Rom
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ns from endeavouring to succour him. And Ant. August. Episc. Tarrac: de leg. Roman. cap. 44.
Corona
Civica which was given to any which had rescued a Citizen in the warres, was not given though he produced witnesses of the fact, except the person so rescued confessed that he received a benefit thereby;) why doth S. Augustine referre Donatus in that second reason, to examples. For 11. Of his second of examples: and of his escape if Donatus had produced examples. if Donatus had produced any (as out of credible and authentique History he might very many, and out of Scriptures Canonick in De civitate Dei l. 18. cap. 38. et lib. 2. cont. Gaudent. cap. 23. St. Augustines opinion, he might have alledged the example Eleazar, and of Rasis,) Saint Augustine was ever provided for this retrait, That it was a speciall inspiration, and not to be drawn into consequence or imitation.
Had it been a good Argument in Rome for 12 Divorce in Rome, and in Jurie long without example. 500. yeeres, that Divorce was not lawfull, because A: Gellius l: 4. cap. 3. no example was of it? Or almost for 2000. That a woman might not sue it against her Husband, because Serarius de Rabbin. et Herodibus cap. 17. till Herods daughter there was no example of it? But now when the Church hath thus long persevered, in not only justifying but solemnizing many examples hereof, 13. S. August. schollers in this point of examples, as stubborne as Aristotles, for the heavens inalterablnes, though the reason of both be ceased. are not Saint Augustines Disciples guilty of the same pertinacy which is imputed to Aristotles followers, Kepplerus de Stella Serpent. cap. 23. who defending the Heavens to be inalterable, because in so many ages nothing had been observed to have been altered, his Schollers stubbornly maintain his Proposition still, though by many experiences of new Stars, the reason which moved Aristotle seems now to be utterly defeated?
Thus much being spoken by the way of Saint Augustine, and having purposely sepos'd the examples recorded in the Scriptures, for our third part, we will consider some Examples registred in the Ecclesiastick History.
The Church whose dignity and constancy it becomes well, that that Rule of her owne Law, be ever justly said of her self, Sextus Reg. Iur: quod semel.
[Quod s
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mel placuit amplius displicere non potest] where new reasons do not interpose, Baron. Martyrolog. celebrates upon the 9. of February the Birth, (that is the death, of the Virgin and Martyr Appollonia; who, after the persecutors had beat out her teeth, and vexed her 14. Of the Martyr Apollonia.
with many other tortures, when she was presented to the fire, being inflamed with a more burning fire of the Holy Ghost, broke from the Officers 15 Of answers in her excuse. hands, and leapt into the fire.
For this act of hers many Advocates rise up for her, and say, that either the History is not certain, (yet the Authors are Beda, Usuardus, Ado, and (as Barronius sayes) Latinorum caeteri) Or else, Sayr. Thesaur. Cas. Cons. l. 9. c. 7. num. 11. says Sayr, you must answer that she was brought very neer the fire, and as good as thrown in: Or else that she was provoked to it by divine inspiration. But, but that another divine inspiration, which is true Charity, moved the beholders then to beleeve, and the Church ever since to acknowledge, that she did therein a Noble and Christian act, to the speciall glory of God, this act of hers, as well as any other, might have been calumniated to have been done, out of wearinesse
of life, or fear of relapse, or hast to Heaven, or ambition of Martyrdome.
The memory of Baron. Mart.
Pelagia, as of a virgin and Martyr, is celebrated the ninth of June. And 16. Of the Martyr Pelagia.
though the History of this woman suffer some perplexity, and giue occasion of doubting the truth thereof, (for Ambrose says, That she and her 17. Though her History be very uncertain the Church seems glad of occasion to celebrate so noble a fact. Mother drownd themselves; and Chrysostome that they slung themselves downe from a house top. And Baronius saw this knot to be so hard to unentangle, that he says, [Quid ad hac dicamus, non habemus]) yet the Church, as I said, celebrates the Act, as though it were glad to take any occasion, 18. Augustins testimonie of her. of approving such a courage in such a cause, which was but preservation of Chastity. [August. de Civitate Dei l. 1. cap. 26.
Their Martyrdome saith Saint Augustine was ever in the Catholique Church frequented Veneratione Celeberrima.]
And De Virg. l. 3. Saint Ambrose, when his sister Marcellina, consulted him directly upon the point, 19 Ambrose meditation upon her. what might be thought of them who kill themselves in such cases, (and then it is agreed by all that the opinions of the Fathers are especially to be valued, when they speake of a matter, not incidently or casually, but directly and deliberately) answers thus, [We have an example of such a Martyrdome in Pelagia] And then he presents her in this religious meditation, [Let us die, if we may have leave, or if we be denied leave, yet let us die. God cannot be offended with this, when we use it but for a remedy;] and our faith takes a way all offence.
Here is no difficulty: for who is willing to dye, & cannot, since there are so many waies to death? I will not trust my hand least it strike not home: nor my breast, least it withdraw it selfe: I will leave no escape to my flesh, for we can dve with our own weapons, and without the benefit of an Executioner.
And then having drest her selfe as a Bride, and going to the water, Here, sayes she, let us be baptized; this is the Baptisme where sinnes are forgiven, and where a kingdome is purchased: and this is the baptisme after which none sinnes. This water regenerates; this makes us virgines, this opens heaven, defends the feeble, delivers from death, and makes us Martyrs. Onely we pray to God, that this water scatter us not, but reserve us to one funerall. Then entred they as in a dance, hand in hand, where the torrent was deepest, and most violent. 29. Eusebius his Oration imagind in the person of her mother. And thus dyed, (as their mother upon the bank called them) [These Prelates of virginitie, Captaines of Chastitie, and companions in Martyrdome.]
And before Ambrose, we finde Eusebius Eccles. Histor: l. 8. cap. 4.
Eusebius to have been of the same perswasion, who thus produces the Mother encouraging them; [You know how I have brought you up, in the feare of God; and shall your nakednesse, which the publike ayre hath not ha
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leave to see, now be prostituted in the Stewes? Have not so little faith in God, as to feare death, Despise not Chastity so much, as to live with shame; but with a pure and chaste death condemne this world.
And so, deluding their Keepers, as though they withdrew for naturall necessities, they drowned themselves.] All Authors of that time are so profuse in the praise of this fact, that it is just to say thereof, as Plin. paneg. Trajan.
Pliny sayes of Nervaes adopting Trajane, [It was impossible it should have pleased all when it was done, except it had pleased all before it was done.]
For no Author, that I have lighted upon, diminished the glory of these and such other, 21. S. August. first of any doubted their fact, and did seeke shifts to defend it which it needed not. untill Saint Augustine out of his most zealous and startling tendernesse of conscience, began to seeke out some waies, how these Selfe-homicides might be justified, because he doubted that this act naturally was not exempt from taxation. And yet ever hee brings himselfe to such perplexitie, as either he must defend it, and call in question, the authority of a generall consonance of all times and Authors, or retire to that poore and improbable defence, that it was done by Divine instinct. Which can very hardly be admitted in this case, where not their Religion but onely their Chastitie was solicited and attempted.
Nor can Saint Ambrose, or Eusebius be drawn to that opinion of especiall Divine instinct, because speaking ex animo, though in the mothers person, they incite them to it with reasons from 22. S. August. example hath drawne Pedraca to the same shift, of special divine Instinct in a like case. Morrall vertues.
Yet Saint Augustines example, (as it prevailes very much, and very justly for the most part)
hath drawne many others since to the like interpretation of the like acts. For when the kingdome of Naples came to bee devided betweene Ferdinand the fifth, and Lewis the twelfth, the French Army being admitted into Capua, upon condition to do no violence, amongst many outrages, a virgin not able to escap the fury of a licentious Souldier, offered for ransome to lead him to treasure: and so tooke advantage of a place in the wall, to fling her selfe into the River. [Which act,
Pedraca Cas. de consc. 5. praec. Hispanica Editio.
sayes Pedraça, we must beleeve to be done by Divine inspiration, because God loves chastity now as well as ever he did.] Which escape every side may finde easie, if being pressed 23. So says P. Martyr of the Midwiues and of Rahabs lye.
with reason they may say, as Peter Martyr doth of the Egyptian Midwives, and of Rahab, and such, In Jud 3.
[If they did lye, they did it, impulsu Dei.]
But as our custome hitherto hath been, let us depart from Examples to Rules; though concurrence of Examples, and either an expresse or interpretative approbation of them, much more such a dignifying of them, as this, of the whole Church, and of Catholike Authors approved by that Church, bee equivalent to a Rule. And to ease the Reader, and to continue my first resolution of not descending into many particulars, I will onely present one Rule, but so pregnant, that from it many may be derived; by which, not onely a man may, but must doe the whole and intire action of killing himselfe; which is, to preserve the scale of Confession.
For though Io: de Lap. Cas. Missales c. 6: art. 5. the Rule in generall bee, [That 24. To preserue the seale of confession a man may be bound to kill himselfe. if a Spider fall into the Chalice, the Wine may be changed, because, Nihil abominabile debet sumi occasione hujus Sacramenti.] And so Ibid. it may, if the Priest after Consecration come to the knowledge that the Wine is poysoned, [Ne calix vitae vertatur in mortem;] Yet Sotus de teg. secret. memb: 3. q: 4. if hee know this by Confession, from his assistant, or any other, and cannot by any diversion, nor disguise, escape the discovering, that this was confessed to him, without drinking it, if it bee poyson, he m
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st drinke it.
But because men of more abundant reading, active discourse, and conclusive judgement, will easily provide themselves of more Reasons and Examples, to this purpose; it shall satisfie me, to have awakened them thus much, and shewed them a marke to direct their Meditations upon. And so I may proceed to the third Part, which is of the Law of God.
The Third Part. OF THE LAW OF GOD.
Distinction I.
SECT. I.
THat light which issues from the Moone, 1 An induction to the handlinge of these places of scripture. doth best represent and expresse that which in our selves we call the light of Nature; for as that in the Moone is permanent and ever there, and yet it is unequall, various, pale, and languishing, So is our light of Nature changeable. For being at the first kindling at full, it wayned presently, and by dedeparting further and further from God, declined by generall sinne, to almost a totall Eclipse: till God comming neerer to us first by the Law, and then by Grace, enlightned and repayred it againe, conveniently to his ends, for further exercise of his Mercy and Justice. And then those Artificiall Lights, which our selves make for our use and service here, as Fires, Tapers,
and such resemble the light of Reason, as wee have in our Second part accepted that Word. For though the light of these Fires and Tapers be not so naturall, as the Moone, yet because they are more domestique, and obedient to us, wee distinguish particular objects better by them, then by the Moone; So by the Arguments, and Deductions, and Conclusions, which our selves beget and produce, as being more serviceable and under us, because they are our creatures; particular cases are made more cleare and evident to us; for these we can be bold withall, and put them to any office, and examine, and prove their truth, or likeliehood, and make them answere as long as wee will aske; whereas the light of Nature, with a solemne and supercilious Majestie, will speake but once, and give no Reason, nor endure Examination.
But because of these two kindes of light, the first is to weake, and the other false, (for onely colour is the object of sight, and we not trust candlelight to discerne Colours) we have therefore the Sunne, which is the Fountaine and Treasure of all created light, for an Embleme of that third best light of our understanding, which is the Word of God. Prov. 6.
Mandatum lucerna, & Lex lux,] sayes Solomon. But yet Plin: l. 2: cap 31. as weake credulous men, thinke sometimes they see two or three Sunnes, when they see none but M
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teors, or other apparance, so are many t
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ansported with like facilitie or dazeling, that for
some opinions which they maintaine, they think they have the light and authority of Scripture, when, God knowes, truth, which is the light of Scriptures, is Divine truely under them, and removed in the farthest distance that can bee. I
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any small place of Scripture, mis-appeare to them to bee of use for justifying any opinion of theirs; then (as the Word of God hath that precious nature of gold, that a little q
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antity thereof, by reason of a faithfull tenacity and ductilenesse, will be brought to cover 10000. times as much of any other Mertall,) they extend it so farre, and labour, and beat it, to such a thinnesse, as it is scarce any longer the Word of God, only to give their other reasons a little tincture and colour of gold, though they have lost all the waight and estimation
But since the Scripture it self teaches, 2. Pet. 1: 20.
[That no Proph
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cie in the Scripture, is of private interpretation,] the whole Church may not be bound and concluded by the fancie of one, or of a few, who being content to enslumber themselves in an opinion, and lazy prejudice, dreame arguments to establish, and authorize that.
A Artemidorus de som
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. Int
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rp. l: 1. cap: 2. professed interpreter of Dreames, tells us, [That no Dreame of a privat
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man may be interpreted to signifie a publike businesse,] This I say, because of those places of
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, which are aledged for the Doctrin which we now examine, scarce any one, (except the Precept, Thou shalt not kill) is offered by any two Authors. But to
one, one place, to another, another seemes directly to governe in the point, and to me, (to allow Truth her naturall and comely boldnesse) no place, but that seemes to looke towards it.
And therefore in going over all those sentences, 2. Why I forbeare to name them who cite these places of Scripture. which I have gathered from many Authors, and presenting convenient answers and interpretations thereof, I will forbeare the names of those Authors, who produced them so impertinently, least I should seeme to discover their nakednesse, or insimulat them even of prevarication.
If any Divine shall thinke the cause, or persons 3. If any oppose an answer what I intreat of him. injured herein, and esteeme me so much worth the reducing to the other opinion, as to apply an answer hereunto, with the same Charitie which provoked me, and which, I thanke God ha
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h accompanied me from the beginning, I beseech him, to take thus much advantage from me and my instruction, that he will doe it without bitternesse. He shall see the way the better, and shew it the better, and saile through it the better, if he raise no stormes.
Such men, Mar
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. 1. 17. as they are [Fishers of men,] so may they also hunt us into their nets, for our 4. Why Clergy men may fish, or hunt but not with doggs. good. But there is perchance, some mystique interpretation belonging to that Ex Dist. 86. Esau. Canon which allowes Clergy men to hunt; for they may doe it by Nets and Snares, but not by Dogges; fo
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clamour and bitings are forbidden them.
And I have been sorry to see, that even Beza
5. Of Beza's answer to Ochius Polygamy. himselfe, writing against an Adversary, and a cause equally and extreamely obnoxious, onely by allowing too much fuell to his zeale, enraged against the man, and neglecting, or but prescribing in the cause, hath with lesse thoroughnesse and satisfaction, then either became his learning and watchfulnesse, or answered his use and custome, given an answer to Ochiu
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booke of Polygamy.
Distinction II.
SECT. I.
IN all the Iudiciall, in all the Ceremoniall 1. No place offered out of Iudiciall nor Ceremoniall law. Law delivered by Moses, who was the most particular in his Lawes of any other, there is no abomination, no mention of this Selfe-Homicide. He teacheth what we shall, and shall not, eate, and weare, and speake, and yet nothing against this.
SECT. II.
But the first place that I find offered against Of the place in Gen. 9. 5. it is, in Genesis. [I will require your bloud wherein your lives are, at the hand of every beast will I requireit;
and at the hand of man, even at the hand of a mans brother will I require the life of man; who so sheddeth mans bloud, by man shall his bloud be shed.]
And this place a very learned man of the 2. We are not bound to accept the interpretations of the Rabbins. Reformed Church, sayes, the Jewes understand of Selfe-homicide. But sh
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ll wee put our selves under the Iewes yoake, Buxdorfius Synag. Iudaica ex Rahbi Isaac cap: 1. fol. 62.
[That if we finde in the Rabbins, things contrary to Nature, wee must dare to accuse nothing but our owne weakenesse, because their word is Gods Word, and if they contradict one another, yet both are from God.]
Lyra in hunc locum.
Lyra who seldome departs from the Iewes, in matters not controverted between them, and us, toucheth upon no such exposition; yet hee 3. Of Lyra and of Sâ his Hebraismes. expounds it more then one way, and with liberty enough, and farre straying.
And Ema. Sâ Not: in univers: Script.
Emanuel Sâ, who in his notes is more curious, and superstitious, in restoring all the Hebraismes, and oftentimes their interpretations, then perchance that Church would desire at his hands, offers at no other sense then the words present. Nor
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an Selfe homicide fall within the commination and
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of that Law, for how can the Magistrate shed his bloud, who hath killed himselfe?
SECT. III.
The next is in De
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eronomie: [I kill, and I give
Of the place in Deuter. 33. 39.
life.] Our of which is concluded, that all authority
of life and death is from God, and none in our selves.
But shall we therefore dare to condemne utterly, all those states and governments, where Fathers, 4. Iurisdiction of Parents, Husbands, Masters, and Magistrates, must consist with this place. Husbands, and Masters, had jurisdiction over Children, wives, and servants lives? If we dare, yet how shall we defend any Magistracy, if this be so strictly accepted? and if it admit exceptions, why may not our case be within those?
Howsoever that this place is incongruously 5. This place must be interpreted, as the other places of Scripture which have the same word, from which no conclusion can be wrested against this fact. brought, appears by the next words, [There is not any that can deliver from my hand] or this being a Verse of that divine poem, which God himselfe made and delivered Moses, as a stronger and more slippery insinuation and impression into the Isr
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lites hearts, then the language of any Law would make, expresses onely that the mercies and judgements of God, are safe and removed from any humane hinderance, or interruption. So 1. Sam: 2. 6. in another gratulatory Song made by Samuels mother, the same words are repeated, [The Lord killeth and maketh alive,] and this because God had given her a son, when she was past hope. That place also in Tobit
Tob: 13. 2. is fitly paraleld with this, [He leadeth to hell, and bringeth up, no
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is there any that can avoid his hand.] And can these two places be detorted to their purpose, That none but God may have jurisdiction over our temporall life? Or Sap: 16. 13. that place of the book of Wisdome, which is also ever joyned, as of the same signification with these, [for thou hast the power of life,
and death] which is spoken of his miraculous curing by the Brazen Serpent. So that all these foure places have one respect and ayme, and none of them look towards our question.
SECT. IIII.
In the order of the Divine books, the next place 1. Of the place of Iob 7. 1. is produced out of Job, [Militia est vita hominis super terram.] for, though our translation give it thus, [Is there not an appointed time to man upon earth?] yet the Latine Text is thus cited to this 2. Why they cite this place In Latine. purpose, by some not addicted to the Vulgat Edition, because it seems in Latine better to afford an argument against Self homicide. For therupon they infer, that we may not depart at our own pleasure from the battell. But because onely the Metaphor and not the extending of it, nor inference upon it, is taken out of the Scripture, it brings no strong obligation with it, nor deserves much earnestnesse in the answer, yet to follow him a little in his Allusion, Digest. li: 22. tit: 6. le: 9.
[A Souldier may by Law, be ignorant of the Law, and is not much accusable if he transgresse it.] And by L. 4. tit: 6. leg: 44. another Law,
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[o
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Souldier whose presence is necessary for the safeguard of the Army, may be absent cau
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Reipub. 3. Of souldiers priviledges of absence by law.
and being absent, his absence shall be interpreted to be so.] And Supra. even to those which killed themselvs in the Army, we noted before in the second part, That the lawes were not severe, if they had any colour of just cause: So that this figurative argument
profits then nothing, especially being taken from this place where the scope of Job was 4 Iobs scope is, that as war works to peace So here we only labour to Death. to prove that our felicity and end upon which our actions are bent, is not in this li
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e, but as wars work to peace, so we labour here to death, to that happines which we shall have after. And therfore whosoever were author of that letter which hath Euseb. l. 1. cap. 13. Christs name to Abgarus, doth not make Christ say, that when he hath done that for which he was sent hither, he will come to him, and take his offer of halte his Kingdome, but 5. Of Christs letter to King Abgarus.
that when he hath done, he will returne to him which sent him: That is he will die, so that if either side have advantage by this place of Job, we have it.
SECT. V.
And by the other place of Job much more, 1. Of the place Iob 7. 15. which is, [Therefore my soule chuseth rather to bee strangled, and to die, then to be in my bones.] Hereuupon they infer, That if it might have been lawfull to die so, Job would have done it. But besides that the wretched poverty and feeblenesse of this manner of Negative arguments, Iob did it 2. Why this was not lawfull to Job.
not, therefore he might not do it, we may perceive by the whole frame of the History, that God had chosen him for another use, and an example of extream patience. So that for any thing that appears in Iobs case, he might not lawfully doe it, because he could propose nothing but
his own eas
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. Y
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t Iob whose sanctity I thinke it facriledge to diminish, whether he were a person or personate in their confession strayed thus farre towards killing himself
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, as to wish his death, and curse his birth; for his whole third Chapter 3 His words seeme to s
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ew some steps toward a purpose of Selfehomicide.
is a bitter and malignant invective against it, and a violent wishing of his own death.
Sex; Sen; Bibliot. S
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nst. lib: 8. Heres. 10.
Sextu
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Sexens
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gives an answer for him so literall, as it can admit or reach to no sense, which 4: Sex: Sen
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and Gregories exposition thereof. is, [That cursing his birth day which then was past, he cursed nothing.]
And Greg. Mor: l: 4. cap. 6. Saint Gregory gives an answer so mysticall, as no s
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nse can reach to it, which is, [That there is a second bi
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th into Sinne in this world, and Job cursed his entrance into that.] And so because these words might bee readily taken for an inordinate wishing of death; Gregory provides them also a mysticall interpretation, for the Latine reading it thus, [
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anima me
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,] he saye, [This was Suspendium spi
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ituale which was but an elevation of the minde; as S. Paul said, Christe crucifixu
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sum cru
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] But besides that Gal: 2. this escape will not serve, when the Originall word is considered, and that the next verse is, Desperavi,
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ultra vivam] in the twentieth verse, he chides God by the name of [O thou preserver of man] as being angry that he preserved him, [Being now a
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rthen to himselfe, and would not leave him alone, whilst he might swallow his spittle.] And he ends that Chapter thus, [If th
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n se
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kest me in the
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, I shall not be found.] This I
say, onely to show that one whom none hath exceeded in
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, may without any de
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ortion of his words, be argued to have step farr
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towards a purpose of killing himselfe. Who list to give any other construction to his words shall not displease me, nor impaire the strength of our
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.
And though I confesse, I have not read any to
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. Wherin I differ from the Anabapt. who affirme that Iob despaired. expound these word
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of Iob directly thus, and though. I know the opinion in generall of his despairing, be thus I much discredited, that it is held by the
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, yet, besides that, it is not just
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or ingenuous, to condemn all that a conde
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nd man says, (for even a leprous man may have one 6. S. Hierome and the Trent Councell erre in condemning all which a condemned man saith. hand clean to take and give withall. And S. Hier. is inexcusable, in that point of his slippery zeal, in his behaviour towards
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, y
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a the Tr
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Councell it selfe is obnoxious therein, for condemning Names of Authors, and not Books. Besides this I say, the Anabaptists differ from me in their end and purpose, for they impute despaire to Iob, onely to infirme the Authority of the booke, which scismatically they labour to rent from the Canon of Scripture: But I justly with the consent of all Christian Churches admitting it for such say that Job might keep his sanctity and the Book his Dignity, and yet he might have a purpose to kill himselfe.
For very many reverend Authors in the Reformed 7. Of them which impute despayre unto Christ. Church, not rashly to be fors
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en, have imputed to our most bless
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d Saviour, as neer approaches
to a more dangerous kind of despaire, then we impute to Iob, without diminishing him, or his Scriptures.
SECT. VI.
I finde also another place. of Job obtruded. [Skin for skin, and all that ever I a
〈◊〉
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ath will
1. Of the place Iob. 2. 4.
he give for life.] From which words they argue a Naturall love in us to this life.
Let it be true, (though the Devill say it, for the words are his) that our sensitive Nature is too indulgent to this life, (though I feare I have offended and furfetted you in the first Part with Examples of meer Naturall and Sensitive men, which have chosen death,) yee will that prove that our Reasonable Nature may in no
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afe correct that enormity? This is as strong against Gods outward calling us to him by sicknesse, or persecution, as against any such inward motions.
SECT. VII.
As unproperly, and unprofitably to their ends and purpose, do they offer that place of Ecclestasticus,
1. Of the place Eccl. 20. 16.
[Non est census supra censum falutis Corporis,] which I place here, though out of Order, because of the affinity betweene this place, and the last, and that one answer, is, at least, enough for them both. For, tho
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gh this place
may prove that wee naturally love this body, (yet it is not of the fafety of the body, as it all 2. This place is not of safety, but of health. men desired that the body might live, but it is of bodily health whilst it doth live,) yet it proves not, that wee may in no case abandon it.
SECT. VIII.
The most proper, and direct, and strongest 1. Of the place Exodus 20. place is the Commandement; for that is of Morall Law, [Thou shalt not kill;] and this place is cited by all to this purpose.
But I must have leave to depart from 23. q: 5. Si non licet. S. Augustines opinion here, who thinks that this 2. S. August. thinks this law to concerne ones self more directly then another. Commandement is more earnestly bent upon a mans selfe, then upon another; because here is no addition, and in the other, there is, [Against thy Neighbour,] or certainely, I am as much forbid by that Commandement to accuse my selfe falsely, as my Neighbour, though onely he be named. And by this I am as much forbid to kill my neighbour as my selfe, though 3. This law hath many exceptions. none be named. So, as it is within the circuit of the Command, it may also bee within the exceptions thereof. For though the words be generall, Thou shall not kill, we may kill beasts; Magistrates may kill men; and a private man in a just warre, may not onely kill, contrary to the sound of this Commandement, but hee may kill his Father, contrary to another.
When two naturall Lawes contrary to one another occurre, we are bound to that which is
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. Lawes of the first Table are stric
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ioris vincull, then of the lato
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.
strictioris vin
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li.
As all Lawes concerning the Honour of God, and Faith, are in respect of the second Table, which is directed upon our Neighbour by Charitie. If therefore there could bee a necessity, that I must doe an act of Idolatry, or kill, I were bound to the later.
By which Rule If perchance a publique exemplary 5. A case wherin it is probable that a man must kill himself. person, which had a just assurance that his example would governe the people, should be forced by a Tyrant, to doe an act of Idolatry, (although by circumstances he might satisfie his owne conscience, that he sinned not in doing it.) and so scandalize and endanger them, if the matter were so carried and disguised, that by no way he could let them know, that he did it by constraint, but voluntarily, I say, perchance he were better kill himselfe.
It is a safe Rule, [Acatius de privil. l. c. 3.
Iury Divino derogani non potest, nisi ipsa derogatio suri Divino conste
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.] But since it is not thought a violating of that Rule, [Navr. Manu
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l. cap. 15. n. 2.
To kill by publique Authority or in a just Warre, or defence of his life, or of anothers.] why may not our case be as safe and innocent?
If any importune me to shew this Priviledge, or exemption of this case from the Commanment, I may with Supra.
Sotus retort it, and call for their priviledge to kill a Day thiefe, or any man in defence of another.
And as these Lawes may be mediately and 6 As Lawes against Daytheeves may be deduced from the Law of God authorizing Princes, so may this from the Commandement, of preferring Gods glory. secondarily deduced from the conformity of other Lawes, and from a generall Authority which God hath afforded all Soveraignes, to provide as necessities arise; So may our case bee derived as well from that necessary obligation which lyes alwayes upon us, of preferring Gods glorie above all humane respects. So that we cannot be put to shew, or pleade any exemption, but when such a case arises, wee say that that case never was within the reach of that Law. Which is also true of all the other which we called exemptions before.
For, whatsoever might have beene done before 7 Whatsoever might have been done before the Law, this Law forbids not. the Law, as this might, if it be neither against Nature, nor Justice, from both which we make account that wee have acquitted it,) upon that, this Commandement never fell, not extended to it.
SECT. IX.
I have found also a place urged out of the Booke of Wisdome, which is, [Seeke not death in
1 Of the place Sap. 1. 12.
the errour of your life.] Which being ever coupled with another place in Deuteronomie, by collation of the two places it appeares, That D
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ut. 4. 24. that which is forbidden there, is Idolatry, and by Death is meant the Second Death, or the way to it.
And so this Distinction which was intended
for the places cited from the Books of the old Testament, shall here have an end; and to the next we allow those of the New.
Distinct. III.
SECT. I.
OF which the first that I have observed is in Matthew when the Devil tempts Christ 1. Of the place Matt. 4. 6. thus, [If thou be the Son of God, cast thy self downe.] With all Expositors I confesse, this was a temptation to vain glory, and therefore most appliabl to our case, where we make account, that we work somwhat to the service of God, and advancement of his glory, when we allow this to be done; and it is a very slippery passage, and a devout man were out of the nature of devotion,
〈◊〉
to erre that way, then a worldly, but that the ha
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d of God is extended to the protection of such.
But directly this place will not shake, nor attempt our proposition, for though Christ would 2. Christ, where it conduced to his owne ends, did as much as the Devill did tempt him to in this place. not satisfie the Devill, nor discover himselfe, yet he did as much whe
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it conduced to his owne ends, as the Devill tempted him to in this place, or the other; both in changing the species and
nature of water into Wine, and in exposing himselfe to certaine danger when he walked upon the waters. Christ refused no difficultie, nor abstained from Miracles, when he knew he profited the beholders; nor doe I say, that in any other case, then when we are probably and excusably assured, that it isto a good end, this may be lawfull to us.
SECT. II.
The next place is in the Acts of the Apostles. [The keeper of the prison drew out his Sword, and would
1. Of the place Acts 16. 17.
have killed himselfe, supposing the Prisoners had beene gone; But Paulcryed, Doe thy selfe no harme, for we are all here.] To which I say, That by the same Spirit by which Paul being in the inner Prison 2. S. Paul knew Gods purpose of baptising the keeper. in the darke, knew what the Keeper thought, and what hee was about to doe without, hee knew also Gods purpose to be glorified in the conversion of him and his Family; and therefore did not onely reclaime him from that purpose, which was inordinate, and for his owne sake, to escape punishment, (in which yet wee may observe how presently Mans nature inclines him to this remedy) but also forbears to to make his benefit of this Miracle, and to escape away: and so, though he rescue the Keeper, 3. Els saith Caluin, he had frustrated Gods way to give him an escape by the keepers death. he betrayes himselfe.
And therefore Calvin upon this place makes to himselfe this objection, [That Paul seeing all
his hope of escape to consist in the death of the Keeper, neglected that way of liberty which God offered him, when he restnained the Keeper from killing himselfe.] And he answers it onely thus, [That hee had a conscience and insight into Gods purpose and decree herei
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] For otherwise, if he had not had that (which very few attaine to have) it seemes he ought to have permitted the keeper to proceed, to facilitate thereby his way of escaping.
SECT. III.
Which also inferres some answer to another 1. Of the place Rom. 3. 8. place of Saint Paul, where hee delivers and discharges himselfe, and his fellow Apostles, of having taught this Doctrine, [That a man might doe evill, that good might come thereof.] And consequently it is well and by just Collection pronounced that he forbids that Doctrine.
And we also humbly subscribe to that Rule, and accept it so, as Saint Paul intends it; that 2. How Paul forbids evil to be done for good. is, in things which Nature, and not Circumstance makes evi
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l. And in these also, when any such circumstance doth make them evill, as another circumstance to the contrary doth not praeponderate and over-rule this. This therefore we must have liberty to enlighten with a larger discourse.
Of the evils which seeme to us to bee of punishment, of which kind Death is, God 3. God always inflicteth Malum poenae by Instruments. ever makes others his executioners; for the
greatest of all, though it be spirituall, which is Induration, is not so wrought by God himselfe immediately, as his spirituall comforts are, but Occasionally, and by Desertion.
Sometimes in these God imployes his Angels, sometime the Magistrate, sometimes our 4. Induration it self is sometime medicinall. selves. Yet all which God doth in this life by any of these, is but Physicke: for Aqui. 12. q. 79. ar. 4. con.
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n excaecation and induration is sent to further Salvation in some, and inflicted medicinally. And these ministers and instruments of his, are our Physitians, and wee may not refuse any bitternesse, no not that which is naturally poyson, being wholesomely corrected by them: For as in Hippocrat. A
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bor. l. 2. 38. Cramps which are contortions of the Sinewes, or in Tetars, which are rigors and stiffenesses in the Muscles, wee may procure to 5. Wee may correct in our selves one disease by another. ourselfe a fever to thaw them, or we may procure them in a burning feaver, to condense and attemper our bloud againe, so in all rebellions and disobediences of our flesh, wee may minister to our selves such corrections and remedies, as the Magistrate might, if the fact were evident. But, because though for prevention of evill, wee may doe all the offices of a Magistrate upon our selves, in such secret cases, but whether we have that authority to doe it after or no, especially in Capitall matters, is disputable, and at this time, wee need not affirme it precisely, I will examine the largenesse of that power no farther now.
But descend to that kinde of evill, which 6. In things evill in such sence as Paul taketh them here, Popes dayly doe dispence. must of necessity be understood in this place of Paul? which is, that we account naturally evill. And even in that, the Bishops of Rome have exercised their power, Dist. 34. lector gloss. to dispence with Bigamy, which is in their doctrine directly against Gods Commandement, and therefore naturally evill. So did Bodin
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Daemon. l. c5.
Nicholas the fift, dispense with a Bishop in Germany, to consult with W
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tches, for recovery of his health; and it were easie to amasse many cases of like boldnesse.
In like manner Windek de consens. et dissens. leg. et Can. ca. 11. the Imperiall Law tollerates Vsurie, Prescription, Mala fidei, and Deceit ad Medium, and expressely allowes Cod. tit. de malef. l. 4. §.
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rum. Witchcraft, to good purposes. [Conformably to which
7. So doe the Civill Laws.
Law, Paracelsus sayes, It is all one whether God or the Devill cure, so the Patient be well.]
And so the Paracel. l. de morb. ca l. Canons have prescribed certain rules of doing evill, when we are overtaken with perplexities, to chuse the least, of which Dist. 14. cap. Duo mala. S Gregory gives a naturall example, [That a man attempted upon a high wall, and forced to
Dist. ead. cap. Nerui.
leape it, would take the lowest place of the wall.] And agreeably to all these, the Nav. Man. c. 17. num. 263.
Casuist say, [That in extreame necessitie, I si
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not if I
8 So do Canons.
induce a man to lend me mony upon usury: And the reason is, because I incline him to a lesse sinne, which is usury, when else he should be a h
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icide, by not releiving me.] And in this fashion Bellar. de Amis. grat. & stat. peccat. l. 2, c. 3. ex H
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. de vict & Tho. God him selfe is said to work evill in us, because when our 9 So doth God occasion lesse sin to avoid greater. heart is full of evill purposes, he governs and
disposes us rather to this then to that evill, wherin though all the vitiousnesse be ours, and evill, yet the order is from God, and good. Yea, he doth positively encline one to some certain evill thus, That he doth infuse into a man some good thoughts, by which, he, out of his vitiousnesse takes occasion to thinke he were better doe some other sinne then that which he intended. Since therefore all these lawes and practises concurre in this, that we sometime doe such evill, not onely for expresse and positive good, but to avoid greater evill, all which seems to be against this doctrine of S. Paul.
And since, whatsoever any humane power 9. What any other may dispence withall in us, in extremity we may dispence within our selves. Supra.
may dispence withall in us, we, in extream necessity, in impossibility of recourse to better counsell, in an erring conscience, and in many such cases, may dispence with our selves, (for that Canon of duo mala, leaves it to our naturall reason, to judge, and value, and compare, and distinguish betweene those two evills which shall concurre.)
And since for all this, it is certaine, that no such dispensation from another, or from 10. Yet noe such dispensation changeth the nature of things, therefore that particular was never naturally evill. my selfe, doth so alter the nature of the thing, that it becomes thereby the more or the lesse evill, to mee there appeares no other interpretation safe, but this, That there is no externall act naturally evill; and that circumstances condition them, and give them their nature; as scandall makes an indifferent thing hainous
at that time, which, if some person go out of the roome, or winke, is not so.
The Law it sel
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e, which is given us as a 11. The Law it self is neither good nor evill. light, that we might not stumble, and by which we see, not what is evill naturally (for that we see naturally, and that was so even, to us, before the law declared it) but what would bee evill (that is produce evill effects,) if we did it at that time, and so circumstanced, is not absolutely 12. As Picus notes comparing it to the firmament. good, but in such measure, and in such respects, as that which it forbids is evill. And therefore Heptapl. l. 7. proem.
Picus comparing the Law, to the firmament, (as Moses accepts the word) as he observes, that the second day, when God made the firmament, he did not say, that it was good, as he did of every other days work; and yet it was not evill, (for then saith Picus, it could not have received the sunne, as if it had beene good, it had not needed it.) So he reprehends the Manichees, for saying that the Law was evill, yet he sticks to that of Ezech. 20. 25.
Ezechiel, That it was not good. That evill therefore which by this place of S. Paul is forbidden, is either Acts, of infidelity, 13. What evill Pa
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l forbids; and why. which no dispensation can deliver from the reach of the Law, or els, such acts as being by our nature, and reason, and approbation of nations reputed evill, or declared by law or custome to be such, because of there ordinary evill effects, doe cast a guiltines upon the doer, ordinarily, and for the most part, and ever except his case be exempt and priviledged. This
moved Chrysostome, (whom I cited before) to think a
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ly, and a consent to adulttery, not evill Supra. in Sarah: and this rectified S. Augustines squeamishnes so farre, as to leave us at liberty, to think what we would of that wifes act, which to pay her husbands debt, let out her self one night. For if any of these things had been once 14. Nothing which is once evill can ever recover of that evill naturally, they could never recover of that sicknesse; but (as I insinuated before) as those things which we call miracles, were written in the history of Gods purpose, as exactly, and Supra. were as certainly to come to passe, as the rising 15. Three acts were in God's decree preserued from those staines which make things evill, so as miracles were written in his book of nature, though not in our copy; and so, as our Lady is said to be preseru'd from originall sinne. and setting of the sunne, and as naturally, in
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compagine naturae, (for there is no interlining in that book of God:) So in that his eternall Register where he foresees all our acts, he hath preserued and defended, from that ordinary corruption of evill purpose, of inexcusable ignorance, of scandall, and of such other inquinations of indifferent things, (as he is said to have done our B. Lady from originall sinne in her inanimation,) Some of those acts of ours, which to those who do
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not studiously distinguish circumstances, or see not the doers conscience, and testimony of Gods spirit, may at the first tast have some of the brachishnes of sin. Such was Exod. 1. 12.
Moses killing of the Egyptians; for which there appears no especiall calling from God. But because 16. Such was Moses killing the Egyptian. this falls not often: S. Paul would not embolden us, to do any of those things which are customarily reputed evill.
But if others be delighted with the more ordinary 17. If this place be taken of all kind of evill, it must admit exception, as well as the Decalogu. interpretation of this place, that it speaks of all that which we call sinne, I will not refute that interpretation, so they make not the Apostles rule, (though in this place this be not given properly and exactly for a rule;) more strickt than the morall praecepts of the Decalogue it self, in which, as in all rules there are naturally included and incorporated some exceptions, which if they allow in this, they are still at the beginning; for this case may fall within those exceptions.
Otherwise, that the generall application of 18. Otherwise the application which Bellarm. and others make of it will be intollerable. this rule, is not proper, as by infinite other places, so it appears evidently by that in De eul. sanct. l. 4. cap. 7.
Bellarmine, where he says, that by reason of this rule, a man may not with neglecting a poore neighbour, adorne a church; Yet there are a great many cases, wherein we may neglect this poore neighbour; and therefore that is not naturally evill. And certainly whosoever is delighted with such arguments, and such an application of this text, would not only have objected this rule to Lot, when he offered his Daughters, (for there it might have colour) but would have joyned with Iudas, when the woman anointed Christ; and have told her, that allthough the office which shee did were good, yet the wast which shee made first, was evill, and against this rule.
SECT. IIII.
The same Apostle doth in divers other places Of the places 2 Cor. 6. 16. 1 Cor.
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. 16. & 6. 16. use this phrase, That we are the Temples of the Holy Ghost; And from thence is argued, that it is an unlawfull Sacriledge to demolish or to deface those Temples. But wee are so the Temples of God, as we are his Images; that is, by his residing in our hearts.
And who may doubt, but that the blessed 19 The dead are still his Temples, and Images. Silvius Com: ad leges.
Soules of the departed, are still his Temples, and Images: Even amongst heathens, those Temples which were consecrated to their gods, might in cases of publique good or harme, be demolished, and yet the ground remaine sacred.
And in the two first places, is one
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a Dehortation 20 Heathens te
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ples might be demolished, yet the soile remain sacred. from polluting our hearts, which are Gods Temples, with Idolatry, o
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other sinne. In the other place he calles our materiall body, the temple: and he makes it to us an argument that we should flye from fornication, because therein wee trespas against our owne body. And so here arises a double argument, that we may not doe injurie to our owne body, neither as it is ours, nor as it is Gods.
In the first of these then, he sayes, [A Fornicator
21 Pauls reason is in Cases where we avile our selves: here wee advance our selves.
sinnes against, his body;] for as hee sayd two verses before, [Hee makes himselfe one body with an Harlot,] and so hee diminishes the dignity
of his owne person. But is it so, in our Case? When he withdrawes and purges it from all corruptions, and delivers it from all the inquinations, and venime, and maligne Machinations of his, and Gods adversaries, and prepares it by Gods insinuation and concurrence, to that glory, which without death, cannot bee attained.
Is it a lesse dignitie, that himselfe bee the Priest of God, and that himselfe be the Sacrifice of God, then that he be the Temple? But 22 That our body is not our own, how it is to be understood here in Paul.
sayes Paul, [Vers. 19.
Your body is the Temple of God, and you are not your owne.] But saies Calvine here, you are not so your owne, that you may live at your owne will, or abuse your body with pollutions and uncleannesse. Our body is so much
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r owne, as we may use it to Gods glory, a
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it is so little our owne, as when hee is pleased to have in, we doe well in resigning it to him, by what Officer soever he accept it, whether by Angell, Sicknesse, Persecutron, Magistrate, or our selves. Onely bee carefull of this last lesson, in which hee amasses and gathers all his former Doctrine, [Vers. 20.
Glorifte God in your body, and in your spirit, for they are his.]
SECT. V.
The place of the Ephesians hath some assinity Of the place Ephes. 4. 15. 16 with this; which is, [But let us follow
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in love, and in all things grow up into him, which is the head, that is Christ, till we are all met together, unto a perfect man.] By which wee receive the honour to be one body with Christ our head; which is Cap. 5. v.
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. after more expressely declared. [We are Members of his body, of his flesh, and of his bone.] And therefore, they say, that to withdraw our selves, which are limmes of him, is not onely homicide of our selves, who cannot live without him, but a Paricide towards him, who is our common Father.
But as in Fencing, Passion layes a man as open, as unskilfulnesse, and a troubled desire to hitt, makes one not onely misse, but receive a wound; so out of an inordinate fervour, to strike home, hee which alledgeth this place, overreacheth to his owne danger; for onely this is taught herein, that all our growth and vegetation: flowes from our head, Christ. And that he hath chosen to himselfe for the perfection of his body, limmes proportionall thereunto, and that, as a soule through all the body, so this care must live, and dwell in every part, that it be ever ready to doe his proper function, and also to succour those other parts, for whose reliefe or sustentation it is framed, and planted in the body. So that herein there is no litterall construction to be admitted, as though the body of Christ could be imperfited, by the removing of any man. For, as from a tree, some leaves passe their naturall course and season, and
fall againe being withered by age, and some fruits are gathered unripe, and some ripe, and some branches which in a storme fall off, are carryed to the fire; So in this body of Christ, the Church, (I meane that which is visible) all these are also fulfilled and performed, and yet the body suffers no maims, much lesse the head any detriment.
This place therefore is so farre from giving 2 This place gives arguments to all which spare not themselves for reliefe of others. encouragement to any particular man to be carefull of his owne well being, as the Expositors (of what perswasion soever in controverted points) accept from hence an argument, that for the establishing, and sustentation of the whole body, a man is bound to depart with all respects to himselfe, and give his life to strengthen them which are weake.
And this place, as a common Conduit head hath affoorded justification for Martyrdomes, for pestilent visitations, and for all those Desertions of our selves, and of our naturall right of preserving our selves, which wee had occasion to insist upon before.
SECT. VI.
As therefore that construction doth well consist 1. Of the place Epb. 5. with those words, so doth it also with the words in the next Chapter, [No man ever hated his owne flesh, but nourished it, &c.] Of which Hate, because we are to speake when wee come
to Christs Commandement of Hating our life, we will here onely say, with Marlor. in hunc locum.
Marlorate upon this place, [He hates not his flesh, who hates the desires thereof, and would subject it to the Spirit: no more then a Goldsmith hates that gold, which hee
2. How Marlor. expounds this hate.
casts into a furnace to purifie, and reduce to a better fashion.] And, because out of the Armory of Scripture I have not found that they take any better weapons, nor any more, we may here end this Distinction.
Distinction IV.
SECT. 1.
IN the next our busines is, to try of what 1. Of places of scriptures on the other part. force and proofe their armes are against their adversaries forces. Of which we shall oppose two sorts; The first naturall and assured Subjects, which are, Reasons arising naturally from places of Scripture, and these, in this distinction; The other, Examples, as Auxiliaries. For though 2. We may, but our adversaries may not make use of examples. to which the answer of Martyr and Lavater is weake. we rely not upon them, yet we have this advantage in that kind, that our aduersaries can make no use, nor profit of Examples. And therefore that answer which both Peter Martyr, and Lavater from him make, that we must not live by examples, and that if examples proved
any thing they had the stronger side, (that is, there have beene more men which have not killed themselves, then which have,) may well seeme from p
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rem pro
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inesse, and lazinesse, and impossibillity of better defence, to have too much allay, to be currant. To prepare us therefore to a right understanding, and application 3. The Nature, degrees, and effects of Charity. of these places of scripture, we must arrest awhile vpon the nature, and degrees, and effects of charity; the mother, and forme of all vertue; which shall not onely lead us to heaven, (for faith opens us the doore) but shall continue with us when we are there, when both Faith, and Hope, are spent and uselesse.
We shall no where find a better pourtrait of charity, then that which S. Augustine hath 4. S. August. pourtraite of her. drawne: she loves not that which should not be loved; she neglects not that which should be loved; she bestows not more love upon that, which deserves lesse; nor doth she equally love more and lesse worthines; nor upon equall worthines, bestow more and lesse love. De natura et gratia cap. ult. To this charity the same blessed and happy Father, proportions this growth. [Inchoated, increased, growne great, and perfected, and this last
5. Of her highest perfection, beyond that which P. Lombard obsorved out of Aug.
is, saith he; when in respect of it, we contemne this life] And yet he acknowledgeth a higher charity then this. For Lomb. l. 3. Dist. 3.
P. Lombard allowing charity this growth, [beginning, proficient, perfect, more, and most perfect.] he cites I
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epist.
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tract. 5. S. Augustine who calls [that perfect charity to be readie
to dy for another.] But when he comes to that, then which none can be greater, he says then, the Apostle came to Phil. 1. 23
cupto dissolvi.
For as [Serarius triheresi. l. 1. ca. 8.
one may love God, with all his heart, and yet he may grow in that, and love God more with all his heart, for
Deut. 6. 5.
the first was commanded in the Law, and yet
Mat. 5.
counsail of perfection was given to him, who said that he had fullfilled the first commandement,]
6. He who loves God with all his heart, may love him more So as S. Augustine found a degree above that charity, which made a man paratum ponere which is cupere, so there is a degree above that, which is to doe it.
This is that vertue, by which Aqui. 22. q. 124. ar. 3. Martyrdome, which is not such of it self, becomes an act of highest perfection.
And this is that vertue, which Aqui. 22. q. 136. ar. 3. assureth any suffering which proceeds from it to be infallibly accompanied with the grace of God. 7. Any suffering in charity hath Infalibly the grace of God. By Aquin.
Vpon assurednes therefore, and testimony of a rectified conscience, that we have a charitable purpose, let us consider how farre we may adventure upon authority of Scripture in this matter which we have in hand.
SECT. 11.
First therefore by the frame and working of 1. Of the place 1 Cor. 13. 4. Saint Pauls argument to the Corinthians, [Though I give my body that I be burned, and have not love, it
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nothing.] These two things appeare evidently.
First, That in a generall notion and common 2. By this in common reputation, that was a degree of perfection to dye so. And charity made it acceptable. reputation, it was esteemed a high degree of perfection to dye so, and therefore not against the Law of Nature. And secondly, by this exception, (without Charity) it appeares, that with Charity it might well and profitably be done.
For the first, if any thinke that the Apostle 3. Paul speaks of a thing which might lawfully be done, for such are all his gradations in this argument. here takes example of an impossible thing, as when it is sayd, [If an Angel from heaven teach other doctrine,] he will, I thinke, correct himselfe, if he consider the former verses, and the Apostles progresse in his argument; wherein to dignifie Charity, the most that hee can, hee undervalues all other gifts, which were there ambitiously affected.
For Eloquence he sayes, it is nothing to have 4. Tongues of Angels in what sence in this place. all Languages, no not of Angels; which is not put literally, for they have none; but to expresse a high degree of Eloquence, as Calvine sayes here. Or, as Lyra sayes, by language of Angels is meant, the desire of communicating our conceptions to one another. And then he adds, That knowledge of Mysteries and Prophecies, is also nothing; which was also much affected. And for Miraculous Faith, it is also Calvin. nothing. 5. Speech in the Asse, understanding of mysteries in Iudas, miraculous faith make not the possessor the better.
For the first of these guifts, doth not make a man better; for Balams Asse could speake, and was still an Asse. And the second Judas had, and the Pharisees. And the third is so small a matter, that as much as a graine of Musterseed is
enough to remove mountaines. All these therefore were faisable things, and were sometimes done. So also, after he had passed through the gifts of knowledge, and gifts of utterance, hee presents the gifts of working in the same manner; and therefore, as he sayes, If I feed the poore with all my goods, (which he presents as a harder thing then either of the other, (for in the other God gives me, but here I give other) yet possible to be done.) So he presents the last, If I give my body, as the hardest of all, and y
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t, as all the rest, sometimes to be done.
That which I observed secondly to arise from 6 How I differ from the Donatists arguing from this place, that in charity selfhomicide was alwaies lawfull. this argument, was, That with Charity such a death might be acc
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ptable. And though I know the Donatists are said to have made this use of these words, yet, because the intent and end conditions every action, and infuses the poyson, or the nourishment which they which follow suck from thence, and we know that the Donatists rigorously and tyrannously racked and detorted thus much from this place, That they might present themselves to others promiscuously to bee killed, and if that were denied to them, they might kill themselves, and them who refused it.
Yet, I say, I doubt not but thus much may naturally be collected from hence, that by this 7 To give my Body, is more then to let it be taken. word, If I give my body, is insinuated somewhat more then a prompt and willing yeelding of it, when I am enforced to it, by the
persecuting Magistrate.
And that these words will justifie the fact of Metaph. in Niceph. Martyr. the Martyr Nicephorus, being then in perfect Charity. Whose case was, That having had 8 How Nicephorus the martyre, gave his body in Sapritius his roome, who recanted. some enmitie with Sapritius, who was brought to the place where he was to receive the bloudy crowne of Martyredome, he fell downe to Sapritius, and begged from him then, a pardon of all former bitternesses. But Sapritius elated with the glory of Martyredome, refused him; but was presently punished; for his faith coold, and he recanted, and lived. And Nicephorus standing by, stepped into his roome, and cryed, I am also a Christian, and so provoked the Magistrate to execute him; least from the faintnesse of Sapritius, the cause might have received a wound, or a scorne. And this I take to bee Giving of his body.
Of which, as there may be such necessitie for 9 There may be a case that a man bound to give his body, cannot doe it otherwise then by selse-homicide.
confirming of weaker Christians, that a man may be bound to doe it, as in this case, is very probable. So there may bee cases in men very exemplary, and in the cunning and subtile carriage of the Pesecutor, as one can no other way give his body for testimony of Gods truth, to which he may then be bound, but by doing it himselfe.
SECT. III.
As therefore Naturally and Customarily men thought it good to dye so, and that such a death 1 Of the places Joh. 10. 11. & Joh. 15. 13. with charity was acceptable, so is it generally said by Christ, [That the good Shepherd doth give his life for his sheepe.] Which is a justifying and approbation of our inclination thereunto. For to say, The good doe it, is to say, They which doe it are good.
And as we are all sheep of one fold, so in many 2 I need not purge my self, when anothers crime is imputed to me. cases, we are all shepherds of one another, and owe one another this dutie, of giving our temporall lives, for anothers spirituall advantage; yea, for his temporall. For Sot. de teg. Secret. Memb. 1. q. 3. that I may abstaine from purging my selfe, when anothers crime is imputed to me, is grounded upon such another Job. 15. 13. Text as this, where it is said, The greatest love, is to bestow his life for his friend. In which, and all of this kind, we must remember, that we are commanded to doe it so, as Christ did it; and how Christ gave his body, we shall have another place to consider.
SECT. IV.
Hereupon because Saint Peters zeale so forward, 1 Of the place Ioh. 13. 37. and carried him so high, that hee would dye for the Shepherd; for so he saies, [I will lay downe my life, for thy sake.] And this, as all
Expositors say, was meerely and purely out of 2 Peters readinesse was naturall. Pauls deliberate. naturall affection, without examination of his owne strength to performe it; but presently and roundly Nature carryed him to that promise. And upon a more deliberate and orderly resolution, Saint Paul witnesseth of himselfe such a willingnesse to dye for his brethren, [I will be
2 Cor. 12. 15.
gladly bes
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ed for your s
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es.]
SECT. V.
A Christian nature rests not in knowing 1 Of the place Ioh. 10. 15. thus much, That we may doe it, That Charitie makes it good, That the good doe it, and that wee must alwaies promise, that is, encline to doe it, and doe something towards it, but will have the perfect fulnesse of doing it in the resolution and doctrine, and example of our blessed Saviour, who saies, de facto, [I lay down my life for my sheepe.] And saith M
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lus, hee 2 Why Christ saies this in the present time. useth the present word, because hee was ready to doe it: and as Act. 15. 26.
Paul and
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, men yet alive; are said to have laid downe their lives for Christ.] But I rather thinke, (because exposing to danger, is not properly call'd a dying,) that Christ said this now, because his Passion was begun; for all his conversations here were degrees of exinanition.
To expresse the abund
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and overflowing 3 Of the aboundant charity of Christ. charitie of our Saviour, all words are defective; for if we could expresse all which he did, that
came not neere to that which he would doe, if need were. It is observed by De Suidone. pa. 1. Notae in Ca. 11. one, I (confesse, too credulous an Authour, but yet one that administers good and wholesome incitements to Devotion,) That Christ going to Emaus spake of his Passion so sleightly, as though 4 Of his speech going to Emaus.
he had in three dayes forgot all that he had suffered for us.
And that Christ in an apparition to Saint 5 Of his Apparition to Saint Charles.
Charles, sayes, that he would be content to dy againe, if need were.
Yea, to Revel. Brig. l. 1. ca. 59. Saint Brigit he said, [That for any one soule he would suffer as much in every limme, as he had suffered for all the world in his whole body.]
6 Of the Revelation to St. Brigit.
And Suidon. p. 1. Not. in Ca. 16. this is noted for an extreame high degree of Charity, out of Ans
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lme, that his B. Mother said, [Rather then he should not have been
7 Of his Mothers Charitiy.
Crucified, shee would have done it with her owne hands.
And certainly his charity was not inferiour 8 That none could take away his foule. to hers; He did as much as any could be willing to doe. And therefore, as himself said, [No man can take away my soule] And [I have
9 His owne will the onely cause of his dying so soone. by St. Aug.
power to lay it down;] So without doubt, no man did take it away, nor was there any other then his own will, the cause of his dying at that time; 10 And by Aquin. because he had all his strength. many Martyrs having hanged upon Crosses many days alive: And the theeves were yet alive; And therefore Mar. 15.
Pilate wondred to heare that Christ was dead. [His Soule, saith
De T
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nit. l. 1: cap. 13.
S
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Aug.
did not leave his body constrained, but because he would, and when he would, and how he would.] Of which 2. q. 47. ar. 1. ad 2. S. Thomas produces this symptome, That he had yet his bodies nature in her full strength, because at the last moment he was able to cry with a loud voice. And Mat. 27. 50.
Marlorate
11. And by Marl. because he bowed his head, and it fell not, as ours in death. gathers it upon this, that whereas our heads decline after our death by the slacknesse of the sinews and muscles, Christ did first of himself bow downe his head, and then give up the ghost. So, though it be truly said Luc. 18. 33.
[After they have scourged him, they will put him to death,] yet it is said so, because How it is true that the Jewes put him to death. malitiously and purposely to kill him they inflicted those paines upon him; which would in 13. Of Aquin. and Syluesters opinion of him. time have killed him, but yet nothing which they had done occasioned his death so soone.
And therefore 2. q. 47. ar. 1. Con. S. Thomas, a man neither of unholy thoughts, nor of bold or irreligious or scandalous phrase or elocution, (yet I adventure not so farre in his behalfe as Verbo matrimonium.
Sylvester
14. Christ was so the cause of his death, as he is of his wetting, which might, and doth not shut the window, in raine by Aqui.
doth, [that it is impossible that hee should have spoken any thing against faith or good manners,] forbeares not to say, [That Christ was
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so much the cause of his death, as he is of his wetting, which might and would not shut the windowe, when the raine beats in.]
This actuall emission of his soule, which is 15. Who imitated Christ in this actuall emission of the soule. death, and which was his own act, and before his naturall time, Aquin. supr. Ioh. cap, 21. (which his best beloved Apostle could imitate, who also died when he would, and went into his grave, and there gave
up the Ghost, and buried himselfe, which is reported but of very (n) few others, and by no
l Sophro. prat. spir. cap. 90. dephter. Anco. Et Surius To. 1. feb. de Sever. Raven. very credible Authors,) we find thus celebrated, (o) That that is a brave death, which is accepted unconstrained; and that it is an Heroique Act of Fortitude, if a man when an urgent
m Sind. Not. inc. 21. ad 6. occasion is presented, expose himselfe to a certaine and assured death, as he did.
And it is there said, that Christ did so, as 16. Vpon what reasons this fashion of dying in Christ is calld Heroique, and by like epithites.
Saul did, who thought it foule, and dishonourable to dye by the hand of an Enemy. And that Apollonia, and others who prevented the fury of Executioners, and cast themselves into the fire, did therein immitate this act of our Saviour, of giving up his soule, before hee was 17. Christ is said to have done herein as Saul and Apol. and such. constrained to do it. So that if the act of our blessed Saviour, in whom there was no more required for death, but that he should wil that his soule should goe out, were the same as Sauls, and these Martyrs actuall furtherance, which could not dye without that, then wee are taught that all those places, of Giving up our bodies to death, and of Laying downe the soule, signifie more then a yeelding to death when it comes.
SECT. VI.
And to my understanding there is a further 1 Of the places Iohn 12. 25. and Luc. 14. 26. degree of alacrity, and propensenesse to such a death, expressed in that phrase of John, [Hee that hateth his life in this world, shall keepe it unto
life eternall. And in that of Luke, [Except he hate his owne life, he cannot be my Disciple.] Such a lothnesse to live is that which is spoken of in the Hebrews,
Heb. 11. 35.
[Some were rack'd, and would not bee delivered, that they might receive a better Resurrection.]
This place In Ioh. 12. 25.
Calvine interprets of a readinesse to dye, and expresses it elegantly, To carrie our life in our hands, offering it to God for 2. Iesuites apply particularly this hate. a Sacrifice. And this Reg. Iesuit. Constit. spirit. 8. the Jesuits in their rule extend thus farre, [Let every one thinke that this was said directly to him, Hate thy life.]
And they who in the other place, accept this 3. If the other place, noe man hates his owne flesh, be against homicide; This must be for it. phrase, No man hateth his owne flesh, to yeeld an argument against Selfe-homicide in any case, must also allow that the same hate being commanded here, authorises that act in some case.
And Saint Augustine apprehending the strength 4. S. August. denies that this place justifies the Donatists. but not in all cases. of this place, denies that by the authoritie of it, the Donatists can justifie their Selfe-homicide when they list to dye, but yet in these cases which are exempt from his rules, this place may encourage a man n
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t to neglect the honour of God, onely upon this reason, that no body else will take his life.
SECT. VII.
And therefore the holy ghost proceeds more 1. Of the place 1. Iohn 3. 16. directly in the first Epistle of Saint Iohn, and shews us a necessary duty, [Because he laid
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his life for us, therefore we ought to lay downe our lives for our brethren.] All these places work us to a true understanding of charity, and to a contempt of this life, in respect of it.
And as these informe us how ready we must 2. All these places direct us to do it, as Christ did it, unconstraind. be, So all those places which direct us by the example of Christ, to doe it as he did, shew, that in cases when our lives must be given, we neede not ever attend extrinsique force of others, but as he did in perfect charity, so we in such degrees of it, as this life, and our nature are capable of, must dy by our owne will, rather then his glory be neglected, whensoever, Phil. 1. 20. as Paul saith, Christ may be magnified in our bodies, or the spirituall good of such another as wee are bound to advance, doth importune it.
SECT. VIII.
To which readines of dying for his bretheren, 1. Of the place Phil 1. 23. Saint Paul had so accustomed himself, and made it his nature, that but for his generall resolution of doing that ever which should promove their happines, he could scarce have obtain'd of himself leave to live. For, at first he says, he knew not 2 Of S. Pauls gradations to this wish; and his correcting of it. which to wish, life or, death; (and therefore generally without some circumstance incline or avert us, they are equall to our nature.) Then after much perplexity, he was resolved, and desired to be loose, and to be with Christ; (therefore a holy man may wish it.) But yet he corrected
that againe, because saith he, [To abide in the flesh, is more needfull for you.] And therefore charity must be the rule of our wishes, and actions in this point.
SECT. IX.
There is another place to the Galatians, which 1 Of the place Gal. 4. 15. though it reach not to death, yet it proves that holy men may be ready to expresse their loves to another, by violence to themselves. For he saith, [If it had bene possible, you would have plucked
2. This was more then vitam profundere by Calvin.
out your own eies, and given me:]. And Calvin saith, [this was more then vitam profundere.] And this readines Saint Paul reprehends not in them.
SECT. X.
But of the highest degrees of compassionate 1 Of the place Rom. 9. 3. charity for others, is that of the Apostle, in contemplation of the Jewes dereliction. [I would wish my selfe to be seperated from Christ, for my brethren.
The bitternesse of which Anathema, himself teaches us to understand, when in 1 Cor. 16. 22. another place, he wishes the same, [To those which love
2. That this Anathema was damnation.
not Jesus Christ. And this fearefull wish which charitie excused in him, was utter damnation, as all Expositors say.
And though I beleeve with Cal
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in
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, that at
this time, in a zealous fury he remembred not 3. That he considered not his election at that time. deliberately his own election, and therefore cannot in that respect, be said to have resisted the will of God, yet it remaines, as an argument to us, That Charitie will recompence, and justifie many excesses, which seeme unnaturall, and irregular, and enormous transportations.
SECT. XI.
As in this Apostle of the Gentiles, so in the 1 Of the place Exod.
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. 3 Law-giver of the Jewes, the like compassion wrought the like effect; and more. For Moses
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sted not in wishing, but face to face argued with God, [If thou pardon them, thy mercie shall
2. That this imprecation was not only to be blotted out of the history of the scriptures.
appeare, but if then will not, I pray thee blot my name
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of the booke which thou hast written]
I know, that many out of a reasonable Collection, that it became Moses to bee reposed, and dispassioned, and of ordinare affection in his conversation with God, are of op
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on, that he 3. It was stranger that Christ should admit such a slip downward as to wish an escape from death, then that Moses should have such an exaltation upward as to save his nation by pe
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ing. Yet both without inordinatenes. strayed no further in this wish, and imprecation, then to be content that his name should bee blotted out of the Scriptures, and so to lose the honour of being known to posterity for a remarkable instrument of Gods power and mercie.
But, since a naturall infirmity could worke so much upon Christ, in whom there may be suspected no inordinatenesse of affections, as to divert him a little, and make him slip a faint wish of escaping the Cup; why might not a brave
and noble zeale, exalt Moses so much, as to desire to restore such a Nation to the love of God, by his owne destruction.
For, as certainely the first of these was without sinne, so the other might be, out of an habituall assurednesse of his salvation, as Pont. Paul. ad Amand. Epist. 2.
Paulinus sayes, to Amandus, [Thou maist bee bold in thy prayers to God for mee, to say, forgive him, or blot out me, for thou canst not bee blottedout; Instum delere non potest Iustitia.] And thus retaining 4. How by Paulinus a just man may safely say to God, Dele me,
ever in our minds, that our example is Christ, and that he dyed not constrained, it shall suffice to have learned by these places, that in Charitie men may dye so, and have done, and ought to doe. The last thing which remaines yet, is to consider the Examples reported in the Scriptures: which cannot possesse us long, because a few Rules will include many examples; and those few rules which are applyable to these Histories, have been often iterated already; and, for other Rules, which may enlighten and governe us in all occurrences, for many Reasons I respite to a maturer deliberation and discourse.
Distinct. V.
SECT. I.
AS when I entred into the examination of 1. Of examples in Scriptures. places of Scriptures, it seemed to me to have some weight, that in all the Judiciall and Ceremoniall Law, there was no abomination of Selfe-homicide.
So doth it, That in relating the Histories of 2. The phrase of Scriptures, never imputes this act to any as a sin, when it relates the history. them who killed themselves, the phrase of Scripture never diminishes them by any aspersion or or imputation for that fact, if they were otherwise vertuous, nor aggravates thereby their former wickednesse, if they were wicked.
Formy part, I am content to submit my self to that Rule, which is delivered from Schultet. Medul. patr. pag. 1. in l. 4. Irenaei.
Iraeneus, [That those things which the Scripture doth not reprehend,
3. Irenaeus forbids us to accuse where God doth not.
but simply lay downe, it becomes not us to accuse; nor to make our selves more diligent then God; but if any thing seeme to us irregular, our endeavour
4. Bezas answer to Ochius reason, that some Patriarchs lived in polygamy reacheth not our case.
must be, to serch out the Type, and signification thereof.]
Neither shall I, for all this, be in danger of Beza de polyg. fo. 7.
Bezaes answer to that Argument of Ochius, That though some of the Patriarches lived unreprehended in Polygamie, it concluded nothing, because (saith Beza) The silence of Scripture in
Gen. 29.
Jacobs Incest, and in Gen. 19.
Lots, and in 2 Sam. 9. 2.
Davids unjust judgement; For Siba doth not deliver them from guiltinesse and transgression therein.
For our case differs from all others, both because 5 For it is not evident, that this is sinne, by any other place of the Law; which was in all his cases. And here many examples concurre. this act is not from any place of the Law evicted to be sinne. And because here is a concurrence of Examples, of this fact without any reprehension: So that that answere is so farre short from reaching us, that it reached not home to that argument of Ochius against which it was opposed. And if in debating these Examples, it be found, that some very reverend Authors, have concluded impenitence, and consequently utter desertion on Gods part, and so eternall perishing; the circumstances as they appeared to him then, may have made his judgement just: but for any other thereupon to apply that case to others, will not be safe. For Acacius de privileg. l. 1. c. 3
[Though a Iudge may in causa versanti interpret the Law, that Interpretation makes not Law.]
SECT. II.
As therfore in the former Distinctions wee 1 Of Acts which were not fully
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murders, but approaches. spoke of some approaches to the act of selfkilling, so will wee in this pause a very little upon two such steps. 1 Reg. 20. 35 The first shalbe of the prophet in the book of Kings, [who bad a stranger strike him, and because he would not, pronounc'd a heavy judgement upon him, which was presently
excecuted. And then he importuned another to doe it, who did it throughly, for he wounded him with the stroake.] This was, to common understanding 2 Of the Prophet who punished him who would not strike him. an unnaturall thing, that so holy a man should make such meanes to have his body violated, and so it seems the first apprehended it, however it pleased God to enlighten the second. This I produce not as though the prophet inclind to it of his owne disposition, for it is expressely in the text, that God commanded him to doe it.
But because this is the only place in all the 3 That when God invites men to such violence, hee sayes so plainly. And therefore such particular invitations may not be presumed, where they are not expressed. scriptures, where those which offer, or desirously admit violence to their owne bodies, are said to have done it, by the expresse motion of God, I collect from it, that it is not without some boldness, if others affirme without authority of the text, that the death of Samson and others, had the same foundation, when it appeares by this, that God when he would have it understood so, is pleased to deliver it plainly and expressely.
SECT. III.
The next before we come to those who entirely 1 Of Io
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as.
killed themselves, is Io
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as, who by often wishing his own death, and moving the ma
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ers to cast him out into the sea, made many steps towards the very act. I know that it is everie where said, that those words, 1. 12.
[Take me
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,
and cast me into the Sea,] proceeded from a prophetique spirit; And Proem. in Com. in Iona, St. Hierome saith [that in this prophetique spirit, he foresaw that the Ninivites would repent, and so his preaching would be discredited.] But if this be so, must he not also in the same Prophetique Spirit see, that their repentance must be occasioned by his going thither and preaching there? And if this perswading to his destruction, being now innocent in their understanding; for they prayed, [Lay not innocent
Vers. 14.
bloud upon us.] were from Divine motion, shall wee dare to impute also to like motions and spirit, his angry importuning of death? [Take I beseech thee, my life from me, for it is better for me, to dye then to live.] And after he wished 43. from his heart to dye, and said, [I doe well to be
9.
angry unto the death.]
Lyra prolog. in Iona. St. Hierome calles him Sanctum Ionam; and when Lyra observes that he had not done so, to any of the other Prophets, he concludes, that this 2 Why Saint Hier. calls only Ionas, of all the Prophets, Holy. testimony needed most in Ionas, who by his many reluctations against Gods will, might else fall into some suspition of eternall perishing. Which since we must be f
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r from fearing in so eminent and exemplary a type of Christ, and yet have no ground to admit any such particular impulsion of Gods Spirit, as Hierome and Lyra pronounce him holy, for all these reluctations; so may we esteeme him advised, and ordinate, and rectified, for all these approches, which in wishing and consenting he made to his owne death.
SECT. IV.
Of those which in the Scriptures are registred 1. Of Samson Iudg. 16. to have killed themselves, Samson is the first. A man so exemplar, that not onely the times before him had him in Prophecy, Pererius in Gen. 49. 16. (for of him it is said,) [Dan shall judge his people,] and the times after him more consummately in Christ, of whom he was a Figure, but even in his own time, other nations may seeme to have had some Type, or Copy of him, in Hercules.
His fact of selfe-killing is celebrated by the Church to everlasting memory, as the act of a 2 The church celebrates him as a Martyr. Martyr; and as very many others in their Homilies and expositions.
So that renowned Paul. Sever. Epist. 4.
Paulinus sayes, [God send me the death of Sampson, and Sampsons blindnesse, that I may live to God, and looke to
3 Paulinus wishes such a death.
God.]
And this generall applause and concurrence in the praise of the fact, hath made many think, 4 They which deny that he meant to kill himselfe, are cofuted by the text. or at least write, that he purposed not to kill himselfe: being loath either to depart from their opinion who extoll him, or to admit any thing which may countenance that manner of dying. Of which perswasion Fran. de Vict. in relect. de Hom. Greg. Valent. tom. 3. disp. 5. q. 8. p. 1. two very learned men labour to seeme to be.
But, besides that such an exposing of himselfe to unevitable danger, is the same fault as
Selfe-homicide, when there is any fault in it, the very Text is against them; for Samson dyed with these words in his mouth, Jud. 16. 30.
[Let mee lose my life with the philistims.]
And though sometimes these Authors adde, 5 They which say he did not intend his own death principally say the same as we. Supra.
That hee intended not his owne death principally, but accidentally (as Calvine also sayes, that Saint Paul did not desire death for deaths sake, but to be with Christ,) this can remove no man from our side, for wee say the same, that this may be done onely, when the honour of God may bee promoved by that way, and no other.
Therefore to justifie this fact in Samson,
6 That Saint Aug. his answer to this fact, that it was by speciall instinct, hath no ground in the history.
Aug. de civit. Dei cap. 12. Saint Augustine equally zealous of Samsons honour, and his own conscience, builds still upon his old foundation, [That this was by the speciall inspiration from God.] Which, because it appeares not in the History, nor lyes in proofe, may with the same easinesse be refused, as it is presented.
To give strength to this opinion of Augustine,
Sayr Thesau. Cas. Conse. l. 7. cap. 9. Nu. 9. our Countreyman Sayr presents one reason preceding the fact, and Pedr. pr. 5. Hisp.
Pedraca the Spaniard, another subsequent.
The first is that hee prepared himselfe to it by Prayer. But in this prayer, you may observe 7 Of Says reasons in confirmation of August. that Samson pray'd. much humanity, and weakenesse and selferespect. [O Lord, saith he, I beseech thee, Strenghthen me at this time onely, that I may be ave
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d of the Philistims for my two eyes.
The second reason is, that because hee effected 8. Of Pedr. his reason, that it was against the work of God, because it was done as it was desired. that which he desired, it is to be presumed, that God restored him his strength to that end, which he asked it. But, besides that in the text it appeares, that v. 22. his haire before that time, was begunne to be growne out againe, and so his strength somewhat renewed; doth this prove any impulsion, and incitement, and prevention of the holy Ghost, to that particular act, or rather only an habituall accompanying and awaking him, to such actions by which God might be honoured and glorified, whensoever any occasion should be presented?
When therefore he felt his strength in part 9 That he had as much reason, and authority to kill himselfe as to kill the Philistims, and that it was only the glory of God. refreshed, and had by Prayer intreated the perfecting thereof, seeing they tooke continuall occasion from his dejection to
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orne and reproach his God, burning with an equall fervour to revenge their double fault, and to remove the wretched occasion thereof, he had Fra. Georg. probl. 438. as a very subtile Author sayes, the same reason to kill himselfe, which hee had to kill them, and the same authoritie, and the same priviledge, and safeguard from sinne.
And he dyed, as the same man sayes, with 10. Samson in this manner of dying was a type of Christ. the same zeale as Christ, unconstrained; for Perer. in Gen. 49. 16.
In this manner of dying, as much as in any thing els, he was a Type of Christ.
SECT. V.
The next example is Saul. And whether he did 1 Of Saul 1 Sam. ult. perfect and consummat the act of killing himself, or the Amalekite contribute his help, it makes no 2. Whether the Amalekite did help to kill Saul.
difference to our purpose; But that the latter was true, may wel enough consist with the relation of the history in the 1. Sam. ult. first place, and it appeares to be the more likely and probable out of the 2. Sam. 1. second: And by Antiq. l. 7. cap. 15
Iosephus it is absolutely so delivered; And the Hist. Schol. scholastique history saith also, that Saul was too weake to force the sword through his body.
Two things use to be disputed of Saul. Whether hee were saved or no; And whether 3. Whether Saul be saved or no. if hee perished, it was for impenitence testified or presumed by this act of his. The Iewes are generally indulgent to him: And the Christians generally severe upon this reason, that it is said of him, 1 Cro. 10. 13.
[Saul dyed for his transgressions against the Lord, and his word, and asking counsaile of a witch.] But this doth not necessarily conclude an impenitence, or a second death. For the Iews say, That beleeving the sentence of Samuel in the apparitions, and accepting that decree as from God, he repented his formet life, and then presented and delivered up himselfe and his sonnes, conformably to the revealed will of God, there in the field to be sacrificed
to him: understanding Samuells words you shall be with me, to be spoken, not generally of the state of the dead, but of the state of the just, because both Samuel himself was so, and so was Jonathan, whose condition in this promise of being with Samuel, was the same as his Fathers. And therefore saith Lyra, [all Iews and some Christians agree, that least by his reproach dishonour might redound upon God, a good and Zealous man may kill himself, as Samson did, and the Virgins.] And he addeth, [If other reasons were not sufficient to excuse
Lyra. Saul, this also might justly be applied to him, that he did it by divine instinct.]
Out of which I observe these two things, that he presumes there are other reasons sufficient 4. In what cases the Iews. and Lyra confess that a man may kill himselfe. in some cases, whether they were in Sauls case or no. And then the reason upon which Lyra
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presumes he dyed well, [because the contrary is not declared in Scriptures, nor determined by
5. Lyra's reasons why Saul is to be presumed to have dyed well.
the Church.] And Saul hath a good testimony of sanctity in this act, from Notae in Sindou. c. 21. Nu. 6.
Mallonius, [That as Christ died when he would, so did Saul, thinking it dishonourable to dye by the hand of his, and Gods enemies.] That argument which Burgensis
6. Burgensis reason to the contrary, that if Saul were excusable, the Amalckite was so to. bringeth to the contrary, suffereth more force and violence in being brought in, then it giveth strength to his opinion. It is, [That if the fact were justifiable in Saul, it had beene so too in the Amalekite, if his profession to David were true, That he had killed Saul, and consequently David unjust in that execution.] But, besides that, that
Amalekite had no conscience, nor inward knowledge of Sauls just reasons, nor other warrant but his commandement, which might, and was to him likely to proceed from Sauls infirmities, it might well appeare to David, by his comming to tell him the newes, that he had humane respects in doing it, and a purpose onely to deserve well of David. And when both Judge and prisoner are innocent, oft times the Executioner may be a Murtherer.
And such humane respects of wearinesse and 7. Of Sauls Armor-bearer despaire, and shame, and feare, and fidelity to his Master, and amazement, and such, stand in the way betweene Sauls Armour-bearer and all excuses, to our understandings. For though the phrase of Scripture impute nothing to him for that fact of killing himselfe, yet I have found none that offer any particular excuse in his defence.
SECT. VI.
Neither doe I finde any thing to excuse Achitophels
1. Of Achitophel. 2 Sam. 15. death; though (as I said of the other) the History doe not accuse that particular fact. The Text calles his counsaile good, and it seems vers. 14. he was not transported with passion, because he 2 He set his house in order, And he was buried. set his house in order; And he was buried in his Fathers grave, when Absalou slaine by anothers hand was cast into a pit.
But if it were upon a meere dispute of his
owne disgrace, or feare of ill successe, or upon any selfe respect, without proposing Gods glorie, and he repented not, he perished.
SECT. VII.
Of Judas, the most sinnefull instrument of the 1 Of Judas. Mat. 27. 5. Act. 1. 18. most mercifull Worke, the common, (though not generall) opinion is, that he killed himselfe; but whether by hanging, or no, is more controverted.
For from the words in the Act. 1. 18.
Acts, [That he threw himselfe downe headlong, and burst asunder, and his bowels gushed out.]
Euthym. in Com. in Matt.
Euthymius thinks, That he was rescued whilst he hanged, and carryed away, and that after that hee killed himselfe by throwing himselfe headlong.
And Brent. in Act. 1. 18.
Brentius leaves that indifferent to us, to thinke what we will thereof. But it seemes by Oecum.
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n Collect. Act. Apost.
Oecumenius, that he did not only overlive this hanging, but that he grew to so enormous a bignesse, and burden to himselfe, that he was not able to withdraw himselfe out of a Coaches way, but had his guts crushed out so; 2. He dyed not by hanging himself, in the opinion of Euthymius,
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Oecum. Papias S. Iohns disciple. and Theoph.
which he receives from Papias the Disciple to Saint Iohn, whose times cannot be thought ignorant, or incurious of Iudas History.
And it is there said further, that by others it was said, that being swolne to that vastnesse, and corrupted with vermine, hee laid himselfe
down upon his field, and there his guts broke out. And this Theophilact in Mat. 7.
Theophilact followes.
And it falls out very often, that some one 3. By what meanes many places of scriptures have beene otherwise accepted, then they intend. Father, of strong reputation and authority in his time, doth snatch and swallow some probable interpretation of Scripture: and then digesting it into his Homilies, and applying it in dehortations, and encouragements, as the occasions and diseases of his Auditory, or his age require, and imagining thereupon delightfull and figurative insinuations, and setting it to the Musique of his stile, (as every man which is accustomed to these Meditations, shall often finde in himselfe such a spirituall wantonnesse, and devout straying into such delicacies,) that sense which was but probable, growes necessary, and those who succeed, had rather enjoy his wit, then vexe their owne; as often times we are loath to change or leave off a counterfeit stone, by reason of the well setting thereof.
By this meanes, I thinke, it became so generally to be beleeved, that the fruit which Eve eat, was an Apple; And that Lots wife was turned to a pillar of Salt; And that Absalon was hanged by the haire of the head; And that Iephthe killed his Daughter; And many other such, which grew currant, not from an evidence in the Text, but because such an acceptation, was most usefull, and applyable. Of this number, Iudas case might be.
But if it were not, that act of killing himselfe, 4 Iudas not accused of this in the story, nor in the two propheticall Psalms of him. is not added to his faults in any place of Scriptures; no not in those Psal. 69. ct 109. two Psalmes of particular accusations, and bitter imprecations against him, as they are ordinarily taken to be Prophetically purposed and directed.
And even of this man, whose sinne, if any 5 Origens opinion of his repentance. can exceed mercy, was such, Origen durst hope, not out of his erronious compassion, and sinnefull charity, by which he thinks that even the Devill shall be saved, but out of Iudas repentance. He sayes, Ex not. Em. Sâ in Mat. 27.
[The Devill led him to the sinne, and then induced him to that sorrowfulnesse which swallowed him.] But speaking of his repentance, he sayes, [Aquin. catena aurea.
Those words, when Iudas saw that he was condemned, belong to Judas himselfe, for Christ was not then condemned. And upon this conscience and consideration, began his repentance. [For, it may be, saith Origen, that Satan which had entred into him, staid with him till Christ was betray'd, and then left him, and thereupon repentance followed.] And perchance, sayes he, he went to prevent, and goe before his Master, who was to dye, and so to meet him with his naked soule, that he might gaine Mercy by his confession and prayers.] 6. Calvin acknowledges all degrees of repentance which the Romane Church requireth, to salvation, to have beene in Iudas.
And Iu Mat. 27. 4.
Calvine, (though his purpose be, to enervate and maime, (or at least, declare it to be so defective,) that repentance which is admitted for sufficient in the Romane Church, sayes that [In Iudas there was perfect contrition of heart,
Confession of the mouth, and satisfaction for the money.]
But 23. q. 5. Tu dixisti. glos.
Petilian, against whom Saint Augustine writes, proceeded further in justification of Iudas last act, then any. For hee said, [That in suffering death when hee repented, and so was a Confessor,
7 Petilianus his opinion of his Martyrdome.
hee became a Martyr.] Which opinion being pronounced singularly and undefensibly; Ibid. Si non licet. Saint Augustine answers as choleriquely, [Laqueum talibus reliquit.] Yet Saint Augustine himselfe confesseth, that an innocent man, should more have sinned in such an act, then Iudas did, because in his execution there were some degrees of justice.
But of his actuall impenitence I purposed
〈◊〉
. Iudas act had some degrees of justice by S. Aug.
not to speake, nor of his repentance, but onely to observe to you, that this last fact is not imputed to him, nor repentance said to be precluded thereby.
SECT. VIII.
For the Passive action of Eleazar, none denies, but that that endangering of himselfe, 1. Of Eleazar Macab. 1. 6. 46. Jos. Aut. 12. 15. was an act of Vertue: yet it was a forsaking and exposing himselfe to certaine Destruction.
For every Elephant had thirty two men upon him: and was guarded with one thousand 2. All confess that an act of vertue. Foot, and five hundred Horse: And this which he slew, was in his opinion, the Kings 3. The destruction was certaine. Elephant, and therefore the better provided.
Howsoever hee might hope to escape before the very act of killing the Elephant, by 4. He did as much to his owne death as Samson.
creeping under it, was a direct killing of himselfe, as expressely as Samson pulling down the house.
And the reasons of this action, are rendered in the Text to have been, To deliver his people, 5 The reasons of his act in the text, and to get a perpetuall name.
And this fact doth Saint Ambrose extoll by many glorious circumstances; As [That hee
6. S. Ambrose his extolling thereof.
flung away his Target, which might have sheltred him, That despising death, he forced into the midst of the Army, and Inclusus ruin
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, magis quam oppressus, suo est sepultus Triumpho; And that by death he begot peace, as the heire of his valour.]
And as very many Schoolemen have intended and exercised their wits in the praise of this action, So Cajet. in 16. Iud.
Cajetan gives such a reason thereof, as is applyable to very many Selfe-homicides. [That to expose our selves to certaine 7. Cajetanus his reason for Eleazer's justification, appliable to very many other cases of Selfhomicide.
death, if our first end be not our owne death, but common good, it is lawfull. For, saith hee, Our actions which bee Morally good or bad, must bee judged to bee such, by the first reason which moves them; not by any accident, or concomitance, accompanying, or succeding them, though necessarily.] And this resolution of Cajetan, will include many Cases, and instances, which are headlongly by intemperate censures condemned.
SECT. IX.
The fall of Rasis, which is the last Example, 1. Rasis Mat. 2. 14. is thus reported. [Hee was besieged and fired; willing to dye manfully, and escape repr
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,
2. His reasons in the text.
unworthy of his House, hee fell upon his Sword; for haste, hee mist his stroke, and threw himselfe from the Castle wall; yet rose up againe, and ranne to a high Rocke, tooke out his owne bowells, and threw them among the people, calling upon the Lord of life and spirit, and so died.]
Which Act the Text accuseth not; nor doth St. Aquin. 22. q. 64. ar. 5.
Thomas accuse it of any thing else, but that
it was Cowardlinesse. Which also Aristotel
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Ethic. l. 3. c. 7.
Aristotle imputes to this manner of dying, as wee said Supra fo. 130 before. 3. Whether it be pusillanimity, as Aqui. August. and Aristot. says.
But either he spoke at that time, serviceably and advantagiously to the point which hee had then in hand; or else hee spoke, ut plurimum, because for the most part infirmities provoke men to this act.
For August. de civit. Dei l. 1. c. 22. S. Augustine who argues as earnestly as Aristotle, that this is not greatnesse of minde, confesseth yet, that in Cleombrotus it was: who onely upon reading Plato his Phoedo, killed himselfe; for, saith Augustine: [When no calamitie urged him, no crime, either true or imputed, nothing
4. S. Aug. confesses that to have beene greatnes of mind, in Cleombrotus.
but greatnesse of minde moved him, to apprehend death, and to breake the sweet bands of this life.] And though he adde, [That it was done rather Magnè then Benè;] yet by this, that which wee seeke now is in Confession, that sometimes there is in this act, Greatnesse and Courage. Which upon the same reason which moved Aristotle, and all the rest, which is, to quench in men their naturall love to it, he is loth to affoord in too many cases.
For hee c. 23. sayes [That, except Lucrece, it is not easie to finde any example worth the prescribing,
5. How much great examples governe.
or imitating, but Cato: Not because hee onely did it, but because being reputed learned and honest, men might justly thinke, that that was well done, and might well bee done againe, which hee did.] Yet for all this, hee is loth to ler Catoes act passe with so
much approbation, For hee addes, [That yet many of his learned friends thought it a weaknesse to let him dye so.] And this hee doth because when men have before them the precedent of a brave example, they contend no further, then what he did, not why.
For it is truely said, Vell. Paterc. de morte Grac. Examples doe not stoppe, nor consist in the Degree where they begunne, but grow, and no man thinkes that unworthy for him, which profiteth another.] Yet, Saint Augustine though upon this reason loth to give glory to many examples, allows all greatnesse and praise to Regulus,
Supra of whom we spoke before: though, to my understanding there are in it many impressions of falsehood, and of ostentation, from all which Cat
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es history is delivered.
And, to end this point, whether it be alwais pusillanimity, Laertius says Diog. Laer. l. 6.
[That in Antisthenes the philosopher, videbatur firme mollius, 6. That it was reputed cowardlines in Antistbenes extreamly sick not to kill himself.
that lying extreame sick, and Diogenes asking him, if he lacked a freind, (meaning to kill him,) and offering him also his dagger, to doe it himselfe, the Philosopher said he desired an end of paine, but not of life.]
As therefore this fact of Rasis, may have proceeded from greatnesse, So is it by Lyra excused 7. Vpon what reasons Lyra excuseth this and like actions. from all sin, by reasons applyable to many other. For he sayes, [Either to escape torment, by which probably a man might be seduced to Idolatry, or take away occasion of making
them reproach God in him, a man may kill himselfe; For, saith hee, Both these cases, Ordi
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ntur in Deum.]
And this Relect. de homicid. resp. ad ult. argum.
Francis a Victoria allowes as the more probable opinion.] And Sotus l. 2. de just. q. 3. ar. 8.
Sotus, and Valeu. to. 3. disp. 5. q. 8.
Valentia, follow Thomas his opinion herein; And Burgensis condemnes it upon this presumption, That hee could not doe this for love of the common good, because this could not redeeme his people, being already 8 Burgensis reasons confesses he might have had just causes. captive. So that his accusing him helpes us thus much, that if by his death hee could have redeemed them, hee might lawfully have done it.
Conclusion.
ANd this is as farre as I allowed my discourse to progesse in this way: forbidding 1. Why I refraind discours of destinie herein. it earnestly all darke and dangerous Secessions and divertings into points of our Freewill, and of Gods Destiny: though allowing many ordinary contingencies, to be under our Election, it may yet seem reasonable, that our maine periods, of Birth, of Death, and of chief
alterations in this life be more immediately wrought upon by Gods determination. It is usefully said, and appliable to good purpose (though Alcor. A20. 65. by a wicked man, and with intention to crosse Moses,) [That man was made of shaddow, and the Devil of fire.] For as shaddow is not darknes, but grosser light, so is mans understanding in those mysteries, not blind but clouded. And as fire doth not always give light 2. Man made of shadow and the devill of fire by the Alcoran.
(for that is accidentall, and it must have ai
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e to work upon,) but it burneth naturally, so that desire of knowledge which the Devill kindles in us, (as he doth as willingly bring bellows to inflame a heart curious of knowledge, as he doth more ashes to stupifie and bury deeper, a slumbering understanding) doth not alwaies give 3. Our adversaries reasons contradict one another. us light, but it always burnes us, and imprints upon our judgment stigmaticall marks, and at last seares up our conscience.
If then reasons which differ from me, and my reasons be otherwise equall, yet theirs have this disadvantage, that they fight with themselves and suffer a Civill Warre of contradiction. For many of their reasons incline us to a love of this life, and a ho
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or of death, and yet they say often, that wee are too much addicted to that naturally. But it is well noted by Alcuin. Ep. 23.
Al
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s, (and I thinke from Saint A
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stine) [That
4 No praecept given to love our selves.
though there bee foure things which wee must love, yet there is no precept given upon any more then two, God and our neighbour. So that the other which
concerne our selves, may be pretermitted in some occasions.
But because of the benefits of death, enough hath beene occasionally intersertted before, having 5 Encouragements to contempt of death presented Cypr. Serm. de mortalitate.
Cyprians encouragement to it, who out of a contemplation that the whole frame of the world decayed and languished, cries to us, [Nutant parietes, The walls and the roofe shake, and would'st not thou goe out? Thou art tyred in a pilgrimage, and wouldst thou not goe home?] I will end with applying Gratiar. act. de cons.
Ausonius thanks to the Emperour, to death, which deserveth it better, [Thou providest that thy benefits, and the good which thou bringest shall not be transitory; and that the ills from which thou deliverest us, shall never returne.] Since therefore because death hath a little bitternes, but medicinall, and a little allay, but to make it of more use, they would utterly recline & avert our nature from it, (as Chyrurgia mag. de ulcer.
Paracelsus says, of that foule contagious disease which then had invaded mankind in a few places, and since overflown in all, that for punishment of generall licentiousnes, God first inflicted that disease, and when the disease would not reduce us, he sent a second worse affliction, which was ignorant, and torturing Physitians.
So I may say of this case, that in punishment of Adams sinne, God cast upon us an infectious death, and since hath sent us a worse plague of men, which accompanie it with so much horrour and affrightment, that it can scarce be made
wholsome and agreeable to us. That which Aphor. l. 2. 38.
Hippocrates admitted in cases of much profit, and small danger, they teach with too much liberty, [That worse meat may be given to a patient, so it be pleasanter, and worse drink, so it be more acceptable.] But though I thought it therefore needfull, to oppose this
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efensative, as well to reencourage 6. Why I abstaine from particular directions. men to a just contempt of this life, and to restore them to their nature, which is a desire of supreame happines in the next life by the losse of this, as also to rectify, and wash again their fame, who religiously assuring themselves that in some cases, when wee were destitute of other meanes, we might be to our selves the stewards of Gods benefits, and the Ministers of his mercifull Iustice, had yet, being, Ennodius ad Celul. as Ennodius says) Innocent within themselves, incurred damnum opinionis, yet (as I said before) I abstained purposely from extending this discourse to particular 7. Laws forbid ordinarie men to cure by extraordiry meanes, yet the Kings of England, and France, & Spaine cure so. rules, or instances, both because I dare not professe my self a Maister in so curious a science, and because the limits are obscure, and steepy, and slippery, and narrow, and every errour deadly, except where a competent dilligence being fore-used, a mistaking in our conscience may provide an excuse.
As to cure diseases by touch, or by charme, (both which one Paracelsus Chyrurg. Mag. tract. 2. cap. 8. et de trans. cap. 10. excellent Chirurgian, and one Pet. Pomp. de incant. c. 4. excellent philosopher, are of opinion may be done, because what vertue soever the heavens infuse into anycreature, man, who is Al, is capable
of, and being borne when that vertue is, may receive a like impression, or may give it to a word, or character made at that instant, if he can understand the time) though these, I say be forbidden by divers Lawes, out of a Just prejudice that vulgar owners of such a vertue, would mis-imploy, it, yet none mislikes that the Kings of England & France, should cure one sicknesse by such meanes, nor Cassanaeus catal. glo. mun. par. 5. consider. 1. that the Kings of Spaine, should dispossess Daemoniaque persons so, because Kings are justly presumed to use all their power to the glory, of God; So is it fit, that this priviledge of which we speak should be contracted and restrained.
For, that is certainly true of this, which
Cassian. l. 17 cap. 17. ad 25. As Hier. Orig. Chrysost. and Cassianus are excusd for following Plato in the toleration of a ly, because the church had not then pronounced, so may it be in this.
Cassianus saith of a ly, [That it hath the nature of Ellebore, wholsome in desperate diseases, but otherwise poyson.] though I dare not averre with him, [That we are in desperate diseases, whensoever we are in ingenti
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ucro, aut damno, et in humilitate, ad evitandam gloriam.] Howsoeveri i
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Cassianus mistake that, and we this, yet Observat. in Cassian. in fine l. fo. 740. as he, and Origen, and Chrysostome, and Hierome, are excused for following Platoes opinion, that a ly might have the nature of medicine, and be admitted in many cases, because in their time the church had not declared herself in that point, nor pronounced that a ly was naturally ill, by the same reason am I excusable in this Paradox. Against the reasons whereof, and against charity, if prejudice, or contempt of my weaknes, or mis-devotion
have so precluded any, that they have not beene pleased to tast and digest them, I must leave them to their drowsines still, and bid them injoy the favour of that indulgent Physitian, Cornelius Celsus sent. 15.
Qui non concoxit, dormiat.
FINIS.
20. Sept. 1644.
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