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 â—…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 crucifâ—…ed and that therefore they dyed madly 4 Helchesar that outward profession of Religion was not needfull much â—…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 offâ—…ndors already accused Dist. 2. Sect. 1. 1 Of the Cannon Law 2
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 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 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 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 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 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 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 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 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 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 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 because in that base disguise he was likely to perish without fame Herennius the Sicilian could endure to beat 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 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 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 penne Aristarchus when he saw that 72 yeares nor the corrupt and malignant disease of being a severe Critique could weare him out sterved himselfe then Homer which had written a thousand things 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 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 forced to show that he could suffer any other heat scalded himselfe to death Pâ—…rtia Cato's daughter and Catulus Luctatius sought new conclusions and as Quintilian calls them Nova Sacramenta pereundi and dyed by swallowing burning coales Poore Terence because he lost his 108 translated Comedies drown'd himselfe And the Poet Labienus because his Satyricall Bookes were burned by Edict burnt himselfe too And Zeno before whom scarce any is preferr'd 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 â—…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 killed himselfe And Festus Domicians Minion onely to hide the deformity of a Ringworme in his face Hippionas the Poet rimed Bubalus the Painter to death with his Iambiques Macer bore well enough his being called into question for great faults but hanged himselfe 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 by choaking himselfe with a napkin had as
Tacitus calls it precium festinandi You can 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 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 is abundantly expressed in those swarmes of the Roman Gladiatory Champions which as Lipsius collects in some one month cost Europe 30000 men and to which exercise and profusion of life till expresse Lawes forbade it not onely men of great birth and place in the State but also women coveted to be admitted By Eleazars Oration recorded in Josephus we may see how small perswasions moved men to this Hee onely told them that the Philosophers among the Indians did so And that we and our children â—…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 many by this devout violence For hee sayes there were some whom he calls Devotos and Clientes 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 Bengala in the Indies And there not onely such persons as doe it in testimony of an entire dependency and of a gratitude but the 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 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 How pathetically Latinus Pacatus expresses the sweetnesse of dying when we will 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 hopeâ—… 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 painâ—… 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 Gratiaâ—… 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 thinâ—… Executioner and would'st not allow him leasure for so honest a death least he should staine the sacred Imperiall robe with so iâ—…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 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 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 Selfe-preservation 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 civâ—…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 and vanish'd yet leysurely and by unsensible dimunitions 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 bloâ—…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 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 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 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 examples to invite or to cherish their propensnesse to Martyrdome Clement therefore when hâ—… handles this point scarce presents to them any other argument then naturall men were capable of and such food and such fuell as would serve the tast and fervour of such an one as
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 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 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 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 that law of Purgation assigned by God to ease a man on whom the spirit of 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 even in the Church For there is nothing extant against them till Stephen the fift Anno 885. And not onely 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 Britius a Bishop being but callumniated by the people extrajudicially to have got his Laundresse 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 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 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 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 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 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 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 who being sent by the Apostles to preach the Gospel amongst other persecutions was constrained to drinke poyson in which there must of necessitie bee such an act as we dispute of now How much did Baint Andrew contribute to his owne Crucifying How much Saint Laurence to his broyling when he called to the Tyrant This side is enough turne the other and then eate 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 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 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 necessary and by their rules sinnefull to omit it For Curates must goe to infected houses to minister the Sacraments And 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 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
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 dâ—…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 Azoriâ—… 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 Bpaâ—…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
Consecrastis manâ—… vestras Domino When I come to consider their words who are of the second opinion and which allow an impenitiblenesse in this life of which Calvin is a strong Authorizer if not an Authour who 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 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 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 which ever in doubtfull cases teach an inclination to the safer side And though it be saâ—…er to thinke a thing to be fin then not yet that rule serves for your own information and for a 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 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 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 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 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 â—…uch attrition shall be presum'd to be in him if nothing appeare evidently to the contrary If she be content to extend and interpret this point of death of every danger by sea or travell 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 she will deliver him from excommunication after he is dead If she bee content that both the penitent and confessor bee but diligentes not diligentissimi 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 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 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 To doe no more and to speake no more those things 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 one who died before he had repented gooâ—… 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 fact the delinquent is so much favor'd that a Lay-man shall sooner be beleeved which acquits him then a Clork which accuseth though in 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 Rhapsoder Pet. Lombard hath presented out of ancient learning as well the Summists as Casuists doe most insist upon that which he brings from 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 bâ—…ares their descant and is the easiest conveyance and cariage 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 Pliny attributes to Rome till Trajans time that Civitâ—… fâ—…-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 despâ—…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 Saâ—… and all the rest râ—…tain for this eternall Law is ratio gubâ—…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 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 The child shall surely die David resisted Gods decree
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 yet rather fine and delightfull then sollid 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 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 Annuall celebrating their Memories and entitling their deaths Natalitia And that early instituting of the office of Notaries to regulate their passions even iâ—… Clemens time And the proposing their Salita capita to bee worshipped which word though Eunapius speake it prophanely was not undeserved by the generall misuse of such devotion And 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 ex opere operato it purged actuall sinne as Baptisme did originall And 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 which also might be a little corruptly warmed towards it by seeing them ever punisht who afflicted them for so Tertullian saies that no City escaped punishment which had shed Christian bloud After this they descended to admit more into their fellowship and communicate and extend these pâ—…iviledges for by such indulgence are Herods Infants Martyrs So is John Baptist though he dyed not for a matter of Christian faith So is he which suffers for any vertue and he which dyes in his mothers womb if she be a Martyr 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 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 their teachers found any coolenesse or remissenesse in them and an inclination to flight or composition with the State then 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 consâ—…entis And then Terrullian equally infames flying away and such marchandizing when hee sayes Persecution must not be redeemed for running 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 nature of the word Martyre it became the common opinion that death was requisite and necessarie to make one a Martyr So in 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 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 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 Yea more then the rest he brought down the value thereof and the deare purchase for he sayes 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 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 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 Cyprian was forced to finde out an answer to this lamentation which he then found to be common to men on their death beds Wee mâ—…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 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 to nature proceeded the fury of some Christians who when sentence was pronounced against others standing by cryed out Wee also are Christians And that inexcusable forwardnesse of Germanus who drew the beast to him and enforced 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 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 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 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 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 when the Emperour 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 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 of doing well would naturally runne to this made the proconsul in Africk proclaime Is there any more Christians which desire to dy and when a whole multitâ—…de by genâ—…rall voice discovered themselves he bid them Goe hang and drown your selves and ease the Magistrate Aâ—…d this naturall disposiâ—…ion afforded Mahomet an argâ—…ment against the Jews if your Religion be so good why doe you not dy for our pâ—…mitive Chuâ—…ch was so enamoâ—…ed of death and so satisfied with it that to vex and torture them more the Mâ—…gistrate made lawes to take from them the comâ—…ort of dâ—…ing and encreased theiâ—… persecuâ—…ion by câ—…asing it for they gloried in their Numbers And as in oâ—…her wâ—…fares men mâ—…ster anâ—… reckon how mâ—…ny they bring into the 〈◊〉 their confidence of victory was in the multitudes of tâ—…em which were lost So thâ—…y admâ—…t into the Catalogue Herodsâ—…nfants â—…nfants and the 〈◊〉 Virgins And when 9000 Souldiers uâ—…der Adrian by apparition of an Angel are said to have embraced Christian Religion and when â—…he Eâ—…perour sent others to execute them 1000 of those exâ—…cutioners joyn'd to them and so the whoâ—…e 10000 were crucifiâ—…d And of an intirelegion massacred at once we spoke but now And Baronius speakes of 10000 crâ—…cified in Armenia celebrate upon the 22th of June whether divers from the â—…0000 under Adrian or no I have not examined Saint Gregory says Let God number our Martyrs for to us they are more in number then then the sands And Baronius saies That excepting the first of January whicâ—… yeâ—… in the Româ—…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 all these 〈◊〉 for As in profane and secular wars the greater the Triumphs of a 〈◊〉 are the greater also are his Armies because theâ—… more and more coâ—…cur to his splendor and to pratâ—…ipate his fortuâ—…es So in this spirituall warfare tâ—…e greater the triumphant Church was the greateâ—… gâ—…ew the Militant assisted both with the Example 〈◊〉 of the oâ—…her And when all these treadings downe did but harrow our Saviours field aâ—…d prepare and better it for his Harvest The blâ—…ud of the 〈◊〉 for though aâ—… say still very many dyed out of a naturall 〈◊〉 of despisâ—…g thâ—…s 〈◊〉 a great number had their diâ—…ect maâ—…ke upon the glory of God and went to it awake having as a Nâ—…cephorus sayes almost strangled the Devill hee tryeâ—… by his two greatest Instrâ—…ments when they are â—…is the Magistrate and the Learned to aveâ—…t them frâ—…m this inclination For suggesting to the Magistrate that their forwardnâ—…sse to dyâ—… grâ—…w onely from their faith in the Resurrection he procur'd thâ—…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 remove that desire of dying which Nature had bred 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 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 Heretique called Helchesar perceiving that it was too hasty to condemne the act of Martyrdome even for Christ thought 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 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 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 Petilian against whom St. Aug writ taught 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 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 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 Cataphrygae who erroniously baptizing the dead Ordaining Women Annulling second Marriges and erring in such points 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 Euseâ—…ius that Heretiques seeing their arguments confuted fled â—…ow to their number of Martyrs in whâ—…cn they pretended to exceed the others And from their numbers of Martyres the Euphenita called themselves Martyrians And thereupon Baroâ—…us saies Amongst the heathâ—…n perchance you may heare and the eâ—…fina one Empedâ—…cles which will burne himself but amongst the Donatâ—…sts Hominum examina SECT V. So that the authoritie gained by their forwardnesse to equall the number of true Martyrs wâ—…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 impâ—…ted to humane respects began to take it into their care to provide against it And thâ—…reupon Councell exhibites an expresse Canon That no Christian leaving true Martyrs should goe to false â—…uia alteni à Dâ—…o And another corrects the other Hâ—…esie of diminishing the reputation of Martyrs thus Martyrâ—…m dignitatem nemo profanus infamet SECT VI. Thus when the true Spirit of God drew many the spirit of Contention mâ—…ny and other naturall infirmities more to expose themselves easily to death it may well be thought that from thence the Auâ—…hors of these latâ—…er Ages have somewhat remitted the intensnâ—…sse of Martyrdome and mingled more allâ—…yes or rather more mâ—…tall and not made it of so great valuâ—… alone as those earnest times did for since Saint â—…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 〈◊〉 Cordâ—…bensis for saying that it is any worship of God â—…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 taught that it is a mortall sinne to provoke another to inflict Martyrdome And a Martyr though 〈◊〉 purge much is bound to clense himselfe by everv one of the Degâ—…ees of penance for saith Caâ—…bo it is not Sacramentum but opus 〈◊〉 So they seeme tender and 〈◊〉 by addition of 〈◊〉 incâ—…ements to cherish or further that 〈◊〉 of dying to which by reason of our 〈◊〉 and this worlds encumbrances our nature is too propense and inclined Onely the Iesuits boast of their hunting out of Martyrdome in the new worlds and of their rage till they finde it 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. 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 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 their own executioners by poyson And amongst the Romans often by bloodlettings And it is recorded of many places that all the Sexagenarii were by the lawes of wise States precipitated froÌ„ a bridge Of which if 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 were called Depontani yet it is more certaine that amongst the Ceans unprofitable old men poysoned themselves which they did crown with garlands as triumphers over humane misery And the Ethiopians loved death so well that their greatest Malefactors being condemned to banishment escaped it Ordinarily by killing themselves The civill law where it appoints no punishment to the delinquent in this 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 Sir Thomas Moore a man of the most tender and delicate conscience that the world saw since Saint Augustine 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
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 long in practise for 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 it is not onely Homicide but Murder And yet the reasons alledged there are but these That the King hâ—…h lost a Subject that his Peace is broken and that it is of evill example Since therefore to my understanding it hath no foundation in Naturall nor Emperiall Law nor receives much strength from those reasons but having bâ—… 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 Law-makers 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 in Rome and Athens there were 10 slaves for one Citizen and Pliny sayes that in Augustus time Isidorus had above 4000. And 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 Scaevola is alleaged to have said Expetit in Religione 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 Lawyer sayes hunting and usery is Ne inescarentur homines and as 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 stealing for as all other so this vice may as well abound in a Nation as in a particular man and 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 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 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 Scotus disputing against the Lawes of those Nations which admit the death of a theife robbing by day because 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 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 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 thence to conclude an extreame enormity or hainousnesse in the fault but a propensnesse of that people at that time to that fault Thereupon Ignatius and many others even intire Councells were forced to pronounce that whosoever fasted upon Sundayes were Murderers ' of Christ. So in France the Lawes abound against Duells to which they are headlongly apr So are the resolutions of the Spanish Casuists and the Bulls of the Popes iterated and aggravated in that Nation against there Bull-bayting to which they are so enormously addicted which yet of it selfe is no sinne as Navar retracting his opinion after 70 yeares holds at last These severe lawes therefore do no more aggravate a fault then milde punishments diminish 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 Salique law punishes a witch which is convict to have eaten a man pecuniarily and laâ—… no high price And therefore 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 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 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 for Josephus speaks of it as of a thing in use that they did not bury
remitting our selves to the learned which are our fathers instruction what ever defect be in us yet Saluamur in fide parentum And in this sort e Pindarus making an implicite prayer to God that he would give him that which he knew to be best for him died in that very petition Except therefore Saint Augustine have that moderation in his resolution That a better life never receives a man after a death whereof himselfe was guilty we will be as bould with him as 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 Saint Hieromes temper who in 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 â—…arre from agreeing with 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 qualem mors invenit hominem ita homo inveniâ—… mortem SECT III. From this place of Saint Hierome I beleeve and some other which perchance I have not reaâ—… and some other places in others of like charitable dâ—…scent to this opinion 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 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 Clemens Alex. had so throughly defeated that opinion But if it be Malum it is but Malum poena And that is an evill of which God is Authour and is not that 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 Neither he nor his parents have sinned And of that Malum poenae which is esteemed the greatest in this life of temporall affictions because of the neere danger of empairing our soule which is to be possessed 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 Damnation hath not so much Rationem mali as the least sinne that drawes Damnation Death therefore is an act of Gods justice and 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 oâ—… evill â—…et as 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 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 is called Gods enemy and is therefore evil yea 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 notes here she is already so destroyed that she is not lethalis but molesta SECT V. One reason more Martyr offers of his owne 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 That because Judges are established therefore no man should take Dominion over himselfe 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 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 perplexâ—…d case whether the Pope may not give himselfe aâ—…olution from Acts and Vowes and partake his owne 〈◊〉 although by the best opinion it is agrâ—…ed that to do so is an act oâ—… jurisdiction which by Lavaters rule no man may 〈◊〉 upon himselfe The Emperiall lawes forbid iâ—… a generality any to be judge in his ownâ—… cause but all Expositors except Soveraignes And in ordinary Judges all agree with 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 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 So if a sonne which had not beene Sui juris had beene made â—…onsul 〈◊〉 he have emancipated himselfe or authorized another to have adopted him And besides thâ—… it appeares that the Popes have exercised juâ—…sdiction upon themselves even before they were Popes for Ioha 22 having permission to chuâ—…e oâ—…e Pope chose himselfe which deed Naucler relates and justâ—…fies by Canonicall rules it is plaine that he may exercise jurisdiction upon himselfe in anâ—… 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
because herein onely the interest and good of the party seeme to be considered And yet a Emanuel Sâ extends 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 harme for avoiding this our particular damage and we may rejoyce at his death even for that respect of our owne dâ—…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 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 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 â—…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 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 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 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 so common with our Delinquents to stand mute at the Barre And though Civill Lawes which are often enfoâ—…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 aâ—… 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 châ—…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 how farre these Omissions and Desertions and Exposings of our selves are allowed us first I must interpret one 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 liâ—…e of the Pope but for temporall things I must prefer others before my selfe if a publique profit recompence my private Domage 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 〈◊〉 profit And to these I must joyn a third rule That no man is at any time enforced to exercise his priviledge For the written Law every man is bound to knâ—…w but prâ—…viledges and exemptions from that Law he may be excâ—…sably ignorant of and in such ignorance transgresse them Hereupon iâ—… is saâ—…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 exemplifies or upon the Emperours as Acacius when either of them exceeds the limits of their Magistracy for then the party becomes the Depuâ—…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 even by a theefe I may suffer my selfe to be killed rather then kill him in that mortall sinne Which our Countryman Sayr holds as the common opinion from Sâ—…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 betrayinâ—… others And this Desertion seems to bee of Naturall reason because it is to be found in all lawes for even in the Alcorum we read Vindicans non est reus Patiens tamen optime facit And our law which if a man kill another in 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 câ—…mpare our two lawes That if I defend my seâ—…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 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 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 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 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
in defence of another And as these Lawes may be mediately and 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 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 the errour of your life Which being ever coupled with another place in Deuteronomie by collation of the two places it appeares That 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 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 haâ—…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 not satisfie the Devill nor discover himselfe yet he did as much wheâ—… 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 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 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 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 hereiâ—… 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 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 is in things which Nature and not Circumstance makes eviâ—…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 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 selves Yet all which God doth in this life by any of these is but Physicke for â—…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 Cramps which are contortions of the Sinewes or in Tetars which are rigors and stiffenesses in the Muscles wee may procure to 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 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 to dispence with Bigamy which is in their doctrine directly against Gods Commandement and therefore naturally evill So did Nicholas the fift dispense with a Bishop in Germany to consult with Wâ—…tches for recovery of his health and it were easie to amasse many cases of like boldnesse In like manner the Imperiall Law tollerates Vsurie Prescription Mala fidei and Deceit ad Medium and expressely allowes Witchcraft to good
she equally love more and lesse worthines nor upon equall worthines bestow more and lesse love To this charity the same blessed and happy Father proportions this growth Inchoated increased growne great and perfected and this last is saith he when in respect of it we contemne this life And yet he acknowledgeth a higher charity then this For P. Lombard allowing charity this growth beginning proficient perfect more and most perfect he cites 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 cupto dissolvi For as one may love God with all his heart and yet he may grow in that and love God more with all his heart for the first was commanded in the Law and yet counsail of perfection was given to him who said that he had fullfilled the first commandement 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 Martyrdome which is not such of it self becomes an act of highest perfection And this is that vertue which assureth any suffering which proceeds from it to be infallibly accompanied with the grace of God 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 Saint Pauls argument to the Corinthians Though I give my body that I be burned and have not love it 〈◊〉 nothing These two things appeare evidently First That in a generall notion and common 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 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 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 nothing 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 yâ—…t as all the rest sometimes to be done That which I observed secondly to arise from this argument was That with Charity such a death might be accâ—…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 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 the Martyr Nicephorus being then in perfect Charity Whose case was That having had 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 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 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 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 that I may abstaine from purging my selfe when anothers crime is imputed to me is grounded upon such another 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 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 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 gladly besâ—…ed for your sâ—…es SECT V. A Christian nature rests not in knowing 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 Mâ—…lus hee useth the present word because hee was ready to doe it and as Paul and 〈◊〉 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 abundâ—… and overflowing 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 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 he had in three dayes forgot all that he had suffered for us And that Christ in an apparition to Saint Charles sayes that he would be content to dy againe if need were Yea to 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 And this is noted for an extreame high degree of Charity out of Ansâ—…lme that his B. Mother said Rather then he should not have been Crucified shee would have done it with her owne hands And certainly his charity was not inferiour 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 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 many Martyrs having hanged upon Crosses many days alive And the theeves were yet alive And therefore Pilate wondred to heare that Christ was dead His Soule saith Sâ—… Aug. did not leave his body constrained but because he would and when he would and how he would Of which 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 Marlorate 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 After they have scourged him they will put him to death yet it is said so because malitiously and purposely to kill him they inflicted those paines upon him which would in time have killed him but yet nothing which they had done occasioned his death so soone And therefore 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 Sylvester doth that it is impossible that hee should have spoken any thing against faith or good manners forbeares not to say That Christ was â—…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 death and which was his own act and before his naturall time 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 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 occasion is presented expose himselfe to a certaine and assured death as he did And it is there said that Christ did so as 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 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 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 Some were rack'd and would not bee delivered that they might receive a better Resurrection This place Calvine interprets of a readinesse to dye and expresses it elegantly To carrie our life in our hands offering it to God for a Sacrifice And this 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 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 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 nâ—…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 directly in the first Epistle of Saint
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 Ordiâ—…ntur in Deum And this Francis a Victoria allowes as the more probable opinion And Sotus and 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 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 it earnestly all darke and dangerous Secessions and divertings into points of our Free-will 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 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 for that is accidentall and it must have aiâ—…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 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 hoâ—…or of death and yet they say often that wee are too much addicted to that naturally But it is well noted by Alâ—…s and I thinke from Saint Aâ—…stine That 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 presented 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 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 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 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 â—…efensative as well to re-encourage 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 as Ennodius says Innocent within themselves incurred damnum opinionis yet as I said before I abstained purposely from extending this discourse to particular 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 excellent Chirurgian and one 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 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 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 â—…ucro aut damno et in humilitate ad evitandam gloriam Howsoeveri iâ—… Cassianus mistake that and we this yet 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
others presume it in condemned men e Vtop l. 2. c. de servis 4 In Vtopia authorised f De leg 9. 5 And by Plato in certaine cases 6 Conclusion of the first part 1. That the law of reason is conclusions drawne from primary reason by discourse 2. How much strength Reasons deduced have 1. Of this sort of Reasons generall lawes have the greatest authority 2. For that is of there essence that they agree with law of Nature 3. And there is better testimony of their producing then of private mens opinions a Dig. l. 1. tit 3. le 1. lex est 1. Of lawes the Imperiall law ought first to be considered a Dig. l. 1. T. 1. le 9. omnes 2 The reason of that law is not abolished but our dependency upon it 3 Why this is called civill Law 4 Of the vastnes of the books from whence it is concocted and and of the extent thereof b Iustinian ep ad Trebonian c Iustinian cpi. ad DD. de Jur. docend arte d Wind. Theolog Iur. 5 Nothing in this law against our case 6. Of the law of Adrian d Dig. lib. 48. tit 19. le 38. Si quis aliquid § Qui miles e Dig. lib. 49. tit 10. le 6. Omne delictum h Dig. l. 48. tit 21. le 3. Qui rei 7 Of the other law for guilty men 1 Of the Canon Law 2 The largnes of the subject and object thereof 3 Of Codex Canonum or the body of the llaw in use in the primitive Church a Dist. 10. certum est b Dist. 10. vestrâ—… 4 Of the Additions to this Codex 5 Canon law apter to condemne then Civill and why c Paleotus de nothis c. 19. 1 That this proposition is not hereticall a Simancha Enchirid. Iud tit 24. nu 2. 2 A large definition of heresie 3 No definition of the Church in the point 4 Nor Canon 5 Nor Bull. 6 Of the comon opinion of Fathers how it varies in times and places b Moral Instit. to 1. l. 2. c. 13. c 23. q. 5. 7 Gratian cites but two fathers one of which is of our side 8 Of that part of the Canon Law to which Canonists will stand d Auto. Augustin l. de â—…mendat Gratian. l. 1. dial 1. de titulo e Idem dial 4. 9 A Cathol Bishops censure of Gratians Decret f Idem dial 3. g De libris juris Canon c. 2. 1 What any Councels have done in this point a 23. q. 5. placuit b Concll Antisidor sub Greg. 1. An. 590. c Canon 17. 3 The Councel of Antisid onely refused their oblations 3 This was but a Diocesan Councell d Notae Binnij in Conc. Antis To. 2. fo 955. e 23. q. 5. placuit 4 The Braccar Councel inflicts two punishments f 24. q. 2. Sane quid 5 The first not praying for them is of them who did it when they were excommunicate g Decret l. 5. tit 13. de torneamentis 6 The second which is deniall of buriall is not alwayes inflicted for offences as appears in an interdict locall h 13. q. 2. anim i Li. 3. tit 7. de sepulchris Eos qui. k Sylv. ad leg Reg. c. 11. l P. Manut. de leg Rom. 7 Romans buried such offenders as had satisfied the Law within the towne as Vestals and Emperors 1 Of the laws of particular Nations 2 Of our law of Felo de se. Br act f. 150. a 〈…〉 b â—…lowd Com. Hales his case 3. That this is murder in our law And the reasons which entitle the King 4 Our naturall desire to such dying probably induced this law c Bodin Rep. l. 1. c. 2. l. 6. c. 1. 5 As in States abounding with slaves the Law-makers quenched this desire d l. 33. c. 10. e Scbast Med. de Venat Pisca et aucup q. 41. f Aug. de Civi Dei l. 4. c. 27. 6 Least it should draw too fast as Hunting and Vsury are and as wine by Mahom. g Pruckinan de Venat Pisc. Aucup c. 4. h Pompon de Incantat c. 10. 7 And as severe lawes against stealing i B. Dorotheus doct 11. k Binnius to 3. par 2. f. 1476. An. 1237. 8 When a man is bound to steale l 14. Dist. 15. q. 3. 9 Scotus opinion of day theeves m Exod. 22. 3. n Tholosa Syn. l. 36. c. 22. nu 13. ex Buteler in summa rurall 10 Of such a law in Flaunders 1 Severe lawes are arguments of the peoples inclination not of the hainousnesse of the fault a Epist. ad Philip. 2 Sunday fast extremly condemned thereupon 3 So Duells in France 4 So Bull-baitings in Spain Navar. Manu li. 15. nu 18. 5 Gentle laws diminish not the nature of rape nor witchcraft b Cap. 67. c Hâ—…de his qui not infam l. 2. §. 1. 〈◊〉 2. 6 Publique benefit is the rule of extending or restraining all lawes by Bartel 7 If other Nations concur in like lawes it shews their inclination to be generall 1 The custom of the Iewes and the law of the Athenians evict nothing a De bello Jud. l. 3. c. 13. b Buxdor Syn. Iudais c. 34. a Pliny li. 36. cap. 13. 1 The reason drawne from remedies against it proves no more b A. Gellius li. 15. c. 10. 1. Of reasons used by particular men being Divines a 23. q. 5. Duplicet 1. Of S. Augustine and his Argument 2. Of St. Aug. comparatively with other Fathers 3. Comparison of Navar and Sotus 4 Jesuists often beholden to Calvin for expositions 5. In this place we differ not from St. Aug. b 22. q. 5. Sâ—… non 6. Nor in the second 7. That then may be Causa puniendi sinc culpâ—… c Reg. sur 6. 8. As Valens missed Theodosius So did Augustine pretermit the right cause 9 Of Cordubensis rule how we must do in perplexities d Aâ—…t Cordub de simonia q. 27. Editione Hispani 10 How temporall reward may be taken for spirituall office Hesychius vitae philosophorum 11. Of Pindarus death praying for he knew not what f Vbâ—… supra 2 In our place we depart from St. Aug. upon the same reason as the Jesuit Thyraeus doth g Thyrae Jesui de Daemoniacis c. 31. 〈◊〉 428. a 23. q. 5. Non est 1 The place out of S. Hiâ—…rome cited by Gratian. b Gloss. in locum supra c Idiotae Contemplatio de morte 1. Lavater confesses Aug. Hieâ—… Cryâ—… and Lactanâ—… to be of this opinion a Lavater in 1 Sam. Caâ—…lti 1 Of P. Mar. reason Mors malum a Stromat l. 4. 2 Clement hath long since destroyed that opinion 3 Of Malum 〈◊〉 b Aqui. 1. q. 48. ar 6. Câ—…n c Jo. 9. 3. 4 Possessed men are not alwaies so afflicted for sin d Thyraeus de Daemon c. 31. e Aqui. 1. q. 48. ar 6. Con. 5 Damnation hath not so much rationem mali as the least sin 6 If death were of the sorts of evill yet there may be good use of it f
Aug. de bono Conjugâ—… g Paulin. Severo esist 1. 7 How Paul calls Death Gods enemy h 1 Cor. 15. 20. i Marlorat in bunc locum k Calvin in hunc locum 8 Death since Christ is not so evill as before 1 Of Martyrs reason Vita donum 1 Of Lavaters reason of Judges 2 Where confession is not in use there is no exterior Judge of secret sinne a Humfred Iesui pa. 2. ad Ratio 3. Cam. 3 Of the Popes jurisdiction over himselfe b Câ—…d l. 3. tit 5. le Generati 4 Of such jurisdiction in other persons by civll lawes c Bald. F le 5. de jâ—…diciis d Filesacus de Episc. autorit Ca. 1. 〈◊〉 17. e Dig. l. 1. tiâ—… 7. le 3. si Cons. 5 Ioh. 22. elected hiâ—…selfe Pope f Uolâ—… 2. Genera 44. 6. Jurisdiction over our selves â—…s denyed us because we are presumed favourable to our selves Not in cases hurtfull to our selves g Heurnius de Philos. Barbar 7. Even in cases hurtfull we have such jurisdiction h Theod. a Nice l. 3. c. 3. 23. 8. Gregories oath in the great Scisme i Schlusselburgius Catul. Hereâ—…ico l. 13. 9. When a man becomes to be sui juris 10. Warre is just betweene Soveraigne Kings because they have no Judge k Accacius de privileg juris l. 1. cap. 7. 11. Princes give not themselves priviledges but declare that in that case they will exercise their inherent priviledge Josephus Reason of Deposi tum a De bell Iud. l. 3. ca. 13. b Regula juris 4. c Arist. Probl. Sect. 29. q. 2. 2. In these cases a depositarie cannot bee accused De culpa if he be sine Dolo. 3. A secret received Data fide is in Natura depositi d Tholos Syntag l 23. ca. 3. Nu. 17. e Soto de Teg. Secr. membr 1. q. 1. 1. Of similitudinary Reasons in Authors not Divine a De Bello Iuda l. 3. ca. 14. 1. Of his reason of Hoslis a lib. 7. c. 28. 1. Of his reason of Servus Bosquier Conc. 7. Of his reason of a Pilot. 1. Of Aquin. two reasons from Justice and Charity a 22. q. 64. ar 5. Of stealing away himselfe from the State 3. Monastique retiring is in genere rei the same offence 4. The better opinion that herein is no sinne against Justice 5. I usurpe not upon his servant but am his servant herein b Sayr Thesau Cas. Consc. l 7. ca. 9. Nu. 19. 6. Though we have not Dominium wee have Vsum of this life and we leave that when we will 7. The State is not Lord of our life yet takes it away c Sayr l. 9. c. 7. Nu. 2. 8. If injurie were herein done to the State then by a license from the State it might be lawfull 9. And the State might recompence her domage upon the goods or hâ—…i e 10. In a man necessâ—…y there may be some injustice in this act d 22. q. 59. ar 4. ad 3â—… 11. No man can doe injurie to himselfe 12. The question whether it be against Charity 〈◊〉 ted to the third part Of Aristotles two reasons Of Misery Pusilanimity a Arist. Eth. l. 3. c. 6. b Cap. 7. Infra fol. 249. 1. Of Reasons to be made on the other part 2. Of the Law of Rome of asking the Sâ—…nate leave to kill himselfe a Declâ—…m 4. 3. Of the case in Quintilian 1. Comparison of Desertion and Destruction 2. Of Omissions equall to Committings a In admonitorio b Dist. 86. pasceâ—… c Tabula Paris censuraruâ—… 1. In great sinnes the first step imprints a guiltinesse yet many steps to Self-homicide are lawfull a Stanf. Plees de Corâ—…n cap. Petie treason b Elian. l. 8. cap. 10. 2. Draâ—…s laws against Homicide were retained c Precepto 5. 3. Tolets five Homicides 4. Foure of thâ—…se were to be found in Adams first Homicide in Paradise c Reuchlin de verbo Mirisico lib. 2. cap. 14. 1. Of Tolets first second way by Precept and Adviâ—…e or option a Bartol le Non solum F. de injuriis Si mandato b Reg. Jur. 3. 2. We may wish Malum poenae to our selves as the Eremite did to be possessed c Sulpit. in vita Martini Dialo 1. 3. Wee may wish death for wearinesse of this life d Martialis ad Tholosanos e Coment in Sam. l. 1. c. vlt. f Heptap Pici. l. 7. Proem 4. It is sin to wish that evill were not so that then wee might wish it g Adrian quodlib 10. ar 2. 5. What wee may lawfully with we may lawfully further 6. Of wishing the Princes death h Saxavia de Imp. Author Epistola 7. In some opinions false ReligioÌ„ makes a Tirant i Lib. 2. ca. 36. 8. Why an oth of fidelity to the Pope binds no man k Declaration Protestation des Doctes de France Anno 1605. 9. Who is a Tyrant in these mens opinions Beccar cont lib. De. jure Magistrat m Carbo Cas. Conc. Summa Summarum Tom. 3. lib. 3. cap. 9. n Sylvest verb. Martyr o Navar. Manual Ca. 15. Nu. 11. p Phil. 1. 23. 10 How death may be wished by Calvine q In 2 Cor. 5. 1 Marlorate Supra 9 Eman. Sâ Aphor. Confes. ver Charitas 11 How we may with death to another for our owne advantage 12 Ph. Nerius consented to the death of one who wished his own death s Vita Phil. Ner. fol. 284. t Liber Conformi Fran. Christi u Sedulius Minor advers Alcor Francis 1 Of Tolets 3. species by permission which is Mors Negativa 2 Of standing mute at the Barre 3 Three rules from Sotus Navar and Mald. to guide us in these Desertions of our selves a Soto de teg saeret membr 1. q. 3. b Nava Manual c Sum. Maldo q. 14. ar 6. d Acacius de privilegiis l. 1. cap. 9. e Gerson f Acacius de privile l. 1. c. 8. 4 I may suffer a thiefe to kill me g Sayr Thesau Cas. Cons. l. 7. cap. 9. nu 17. h Alcor Azoar 52. 5 Of se desendendo in our law 6 I am not bound to escape from prison if I can nor to eate rather then starve i Eman. Sa. Aphor. Conses ver Charitas k Aquin. 22. q. 69. ar 4. ad 2. l Sayr Thesau Cas. Cons. l. 7. cap. 9. 7 For ends better then this life we may neglect this 8 I may give my life for another m Chris. Hom. 32. in Genes n Aug. l. 22. adver faustum cap. 33. 9 Chrisostomes opinion of Sarahs ly and Adultery And St. Aug. of that wife who prostituted her selfe to pay her husbands debt o Ca. 27. primo Deserm Dom. in monte p Bonavent 3. Dist. 29. q. 3. q Aug. de mendacio c. 6. 10 That to give my life for another is not to prefer another as Bonaventure and Aug. say but to prefer vertue before life 11 For spirituall good is without question r Sayr Thesau Cas. Cons. l. 7. c. 9. nu 17. s Eman Sa. Aphor.