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THat part of the Definition of sin, which wee received for the second place, is, That it be against the Law of Reason; where, if we should accept Reason for Recta Ratio, (especially primarily, and originally,) it would be the same as Law of Nature. Therefore I ra∣ther choose to admit such an acceptation thereof, as may bring most doubts into disputation, and so into clearenesse.
Reason therefore in this place shall signifie con∣clusions drawne and deduced from the primary Reason, by our discourse and ratiocination: And so sinne against reason, is sinne against such argu∣ments and conclusions as may by good conse∣quence be de•…•…ived from primary and originall Reason, which is light of nature.
This primary reason therefore, against which none can plead lycense, law, custome, or pardon, hath in us a soveraigne, and masculine force; and by it, through our Discourse, which doth the motherly office of shaping them, and bringing them forth and up, it produces conclusions and resolutions.
And as in earthly Kingdoms, the Kings chil∣dren, and theirs, and their race, as farre as we may reasonably presume any tincture of blood, have many priviledges and respects due to them, which yet were forfeited if there appeared any bastardy or interruption of lawfull descent from that roote; And though these respects and ob∣sequiousnesse, belong to them as they are pro∣pagated from that roote, and as some sparks of that Soveraignty glimmer in them, yet their Servants and Officers take them where they finde them, and consider them onely as Dukes, or Lords, and possessors of patrimoniall estates, but every mans heart and allegeance is directed
and fastned upon the Prince, and perchance a step or two lower, with a present and immed ate relation to the father, and what they have from him. So whē from those true propositions, which are the eldest children and issue of our light of Nature, and of our discourse, conclusions are produced, those conclusions also have now the Nature of propositions, and beget more; and to all these there belongs an assent and submission on our parts, if none by the way have beene corrupted and bastarded by fallacy. And though (as in the other case) men of a weake dispositi∣on, or lazey, or flattering, looke no farther into any of these propositions, then from whose mouth it proceeds, or what authority it hath now, not from whence it was produced, yet upon the heire apparent, which is, every necessary consequence from naturall light, every mans re∣solution is determin'd, and arrested by it, and sub∣mitted to it. And though humane lawes, by which Kingdomes are policed, be not so very neare to this Crown of certaine Truth, and first light, (for if they were necessary consequences from that law of nature, they could not be contrary in di∣vers places and times, as we see lawes to be) yet I doe justly esteeme them neerer, and to have more of that bloud royall in them, then the reso∣lutions of particular men, or of Schooles.
Both because it is of the essence of all humane law, that it agrees with nature, (I meane for the obligation in interiori fore, without which a law
hath no more strength, then an usurper, whom they which obey, watch an oportunity to dispos∣sesse.)
And because Assemblies of Parliaments, and Councels, and Courts, are to be presumed more diligent for the delivery and obstetrication of those children of naturall law, and better witnesse that no false nor supposititious issue be adm•…•…t∣ted, then any one man can be. For a the law is therefore well call'd Communis Reip. sponsio, be∣cause that word signifies as well, that, to which they have all betroth'd themselves, as, the securi∣tie and stipulation which the State gives for eve∣ry mans direction and assurance in all his civill a∣ctions. Since therefore we have in the first part throughly examined, whether this Selfe homi∣cide be alwayes of necessitie against the law of na∣ture, it deserves the first consideration in this se∣cond part, to inquire how farre humane Lawes have determin'd against it, before wee descend to the arguments of particular Authors, of whatso∣ever reverence or authoritie.
And because in this disquisition, that law hath most force and value, which is most generall, and there is no law so generall, that it deserves the name of Jus gentium; or if there be, a it will bee the same, (as wee said before) as Rocta Ra∣tio, and so not differ from the law of Nature.
To my understanding, the Civill or Imperiall law, having had once the largest extent, and being not abandon'd now, in the reason, and essence, and nature thereof, but onely least the accepting of it should testifie some dependencie upon the Empire, we owe the first place in this considera∣tion to that Law.
This therefore which we call the Civill Law, (for, though properly the Municipall Law of e∣very Nation be her Civill Law, yet Romes Em∣perors esteeming the whole world to be one Ci∣ty, as her Bishops doe esteeme it one Diocesse, the Romane Law hath wonne the name of Civill Law, being a b decoction and composition of all the Regall Lawes, Dec•…•…ees of the Senate, Plebe∣scites, Responsa Prudentum, and Edicts of Emperors, from 1400. yeares before Justinian, to so long time after, as the Easterne Emperors made them authentique; being of such largenesse, as c Iustinians part thereof consists of 150000. of those distinctions which he calls verses, and is the summe and marrow of many millions, extra∣cted from 2000. Volumes.
This Law which is so abundant, that d almost all the points controverted betweene the Romane and the reformed Churches, may be decided and appointed by it. This Law, I say, which both by penalties, and Ana•…•…hemaes, hath wrought upon bodies, fortunes, and consciences, hath pronoun∣ced nothing against this Selfe-homicide, which we have now in disputation.
It is true that of Adrian the Emperor, who was about 120. yeares after Christ, we finde one Re∣script, in the body of the Law, [d That if a Souldier do attempt to kill himselfe, and not effect it, except he offred it upon impatience of griefe, or sicknesse, or sorrow, or some other cause, capite plectatur.] Which Rescript is repeated againe in another e Title, and there (though the other generall clause, or some other cause, might seeme to have reach'd farre inough,) are added especially for excusing causes, [wearinesse of life, madnesse, or shame.] You see with what moderate gradations this Law proceeded, which being (as it seemes) to contend and wrestle with a thing customary, and naturally affected, extends not at all to punish it when it is done, as in many other crimes the Lawes doe, by confiscation, and by condemning the memory of the delinquent, and ignobling his race.
Nor embraces it all manners of doing it; (yea scarce any, considering how benignly, and favo∣rably penall Lawes are to be interpreted:) Nor overtakes it all men, but onely such as being of present use, as well much disadvantage might grow to the Army, if sodainly any numbers of them should be suffered to turne upon this natu∣rall and easie way of delivering themselves from painfull danger, as much dammage to the State, if those men matriculated for Souldiers, to whom there belong'd by the lawes, as many priviledges and immunities under the Romane Emperors, as e∣ver
did to the Clergy under their Romane Bishops, after they had thus maym'd themselves, and de∣frauded the State of their service, should by this inh•…•…rent character of Souldiership, enjoy all those advantages, which those Lawes afforded them.
There is h one law more in the body of the Civill Law, which seemes to reach farther, be∣cause it binds not it selfe to any one condition of men; which is, [That if a man already accus'd, or taken in the manner, for any such crime, upon which his goods should be forfeited upon conviction, kill himselfe before judgement, his goods shall be forfeit;] else nor. For the Law addes her opinion of the fact. [Non facti celeritas est obnoxia, sed conscientia metus] And proceeds, [Qui causam mortis habet, habeat successo∣rem.] So that that Law presumes there are just causes to worke such an effect. And upon the con∣sideration of this Civill Law, I determin'd to be∣stow this first Distinction.
And as the subject of it, is greater, being peo∣ple and Prince; so is the object, being the next and eternall life. Yea it is so vast and undetermin'd, as we know not in what books to seeke the limits thereof, nor by what rules to set the land-marks of her jurisdiction.
For, (for the booke,) it is evident that the Pri∣mitive Church had Codicem Canonum, which was inserted into the body of the Romane Law, and had no other subfistence, but as it was incorpora∣ted there. Thereupon a Gelatius writes to The∣odorus the Goth, King of Italy, to intreat him, that as by his authoritie the Romane Law was observed in Civill matters, so it might be still in Ecclesia∣stique. And after the expulsion of the Goths, b Leo 4. intreated and obtained the same from Lotharius. From this Codex Canonnm; the Empe∣rors determined and decreed in many Ecclesia∣stique causes; From this Codex the Councels after were governed in making their Canons: as wee may see particular Canons of this Booke cited, the booke being often call'd for in the Councels, and being then ordinarily named, The body of the Canon Law. This body consisted of the Canons of nine Councels authorized by the Emperors.
But for those immense additions growne to it since that time, of Bulls, and Decretall Letters of Popes, Decrees of suspitious and partiall and S•…•…hismatick Councels, (for nothing is more pro∣perly Schisme, and Solutio continui, than a rent be∣tweene the Civill and Ecclesiastique State; which
occasion'd many of the later Councels,) the rags of Fathers decerpted and decocted by Gratian, and the glosses of these made also as authentique as the Text. I perceive not what title they have to bee of the body of the Canon Law, except where the Princes have incorporated and deni∣zen'd them.
But least to quarrell with their authority now, might seeme in us a subter-fuge and shift to de∣cline them, as though they were heavy against us, in this point which we have now in hand; wee will accept them as they are obtruded, and dis∣semble nothing, which in them seemes to resist this opinion, though in common entendment this law is likely to be severe against it, because the civill lawes content themselves ever with any excuse or colour in favour of the Delinquents, because when a fault is proved it punishes se∣verely, but c the Canon Lawes which punish onely medicinally, and for the soules health, are apt to presume or beleeve a guiltinesse, upon light evidence, because those punishments ever worke good effects, whether just or no.
largest definition of heresie; which is, a [Any thing which is against Catholique faith, that is Scri∣ptures rightly understood; Or the traditions and defi∣nitions of the Church, or generall Councells lawfully gathered, or definition of the sea Apostolique, or the common opinion of Fathers, in a matter of faith.] The proposition may perchance seeme to some so ill qualified, as it may be male sonans, or teme∣raria, or perchance sapiens heresis, for all these proceed from the indisposition and distempred taste of the apprehendor, which must not alwaies be idly flattred and pampred, but invited to the search and discovery of truth, who else being the greatest Prince in the world, should have no progresse, but be straightned in a wretched cor∣ner. First therefore, (to cast a glance upon every part of the definition of heresie) whether it be against the Scriptures rightly understood or no will be more properly and naturally examined, when we come to the last part, which is of Di∣vine law.
Next, there is no tradition nor definition of the Church in the point at all, much lesse as of a matter of faith, which is the second limbe of the definition.
No decree of any generall Councell. No rescript or Bull of any Pope. And for the com∣mon opinion of the Fathers (besides that it can be no safe rule, because b as [Azorius notes, Controverters often say on both sides, this is the com∣mon opinion; And certainely that is the common opi∣nion
in one Age which is not in another; yea, in one Kingdome at the same time, which is not in another, though both be Catholik: As in Germany and France, by the common opinion Latreia is not due to the Crosse, in Spaine by the common opinion it is,] it cannot appeare, by the Canon law, that this is the common opinion of the Fathers; for c Gra∣tian who onely of the Compilers of the Canon law toucheth the point, (as farre as either my reading or search hath spied out) cites but two Fathers, Augustine, and Hierome. Whereof the latter is of opinion, that there may be some cause to do it. But in the Canon law I finde no words, not onely to lay the infamous name of heresie upon it, but that affects it with the mark or stile of sinne, or condemnes the fact, by in∣flicting any punishment upon the offender.
I speake here of the Canon law, to which the Canonist will stand: which are the Decretall letters, and all the extravagants. For, of Gratians Decret. that learned and ingenious Bishop of Tar∣racon, hath taught us what we should thinke, when he sayes, [d That he is scarce worth so much reprehension; who having nothing that is profi•…•…able or of use, except he borrows it, is admired of the ignorant, and laughed at of the learned,] e [who never saw the bookes of the Councells, nor the works of the Fa∣thers, nor the Registers of the Popes letters.] f And whose compilation had not that confirmation from Eugenius 3, as is fasly attributed to it.] Yet all∣though Gratian have not so much authority, that
by his inserting an imperiall law, or fragment of a Father, it should therefore be canoniz'd and grow into the body, and strength of the Canon law, (for then though that law were abrogated againe by the Emperour, it should still be alive and bin•…•…e by a stronger obligation in the Canon, which g Alb. Gentilis proves to be against the common opinion.) yet by consent, thus much is afforded him, that places cited by him, have as much authority in him, as th•…•…y had in the Author from whom he tooke them. And therefore when we come to handle the Reasons of particular Authors, we will pretermit none whom Gratian hath cited, for that is their proper place.
And in this Distinction where we handle the opinion of the Canon Law in the point (not be∣cause Gratian cites it, but because the Canons of all Councels are now usurped as Canon Law) we will consider a a Canon of the Bracca∣rense Councell cited by him.
But first, (although he have it not) wee will not conceale the b Antisidorense Councel, (which was before the other, under Gregor. 1. Anno 590.) For as the Civill Lawes by limitation of persons and causes, gave some restraint and correction to this naturall desire of dying when we would, which they did out of a duty to sinew and strengthen, as much as they were
able, the Doctrine of our blessed Saviour, who having determined all bloudy sacrifices; enligh∣tens us to another Doctrine, that to endure the miseries & afflictions of this life, was wholsome, and advantagious to us; the Councels also per∣ceiving that this first ingraffed and inborne de∣sire, needed all restraints, contributed their help.
This c Canon then hath these words, [If any kill themselves, Istorum oblata non recipiantur.] For it seemes, that Preaching and Catechizing had wrastled, and fought with their naturall ap∣petite, and tamed them to a perplexity whether it might be done or no; and so thinking to make sure worke, in an indiscreet devotion, they gave oblations to the Church, to expiate the fault, if any were. These oblations the Councell for∣bids to bee accepted, not decreeing any thing of the point, as of matter of faith, but provi∣ding against an inconvenient practice.
Neither was it much obligatory, or con∣siderable, what it had decreed, being onely d a Diocesan Councell, of one Bishoppe, and his Abbats, and whose Canons Binnius pre∣sents, because (though some of them be out of use, of which this may be one) yet they are (saies he) some discoverers of Antiquity.
The other Councell which e Gratian cites and besides which two I finde none) hath these words, [For those that kill themselves, there shall be no commemoration at the oblation, nor shall they bee brought to buriall with Psalmes.] which intimates,
as the language of the Canon Law is, Caninam se∣pulturam.
But the f glosse upon this doth evict from another Canon, that if the person were not un∣der excommunication, it is not so; [For we may communicate with him dead, with whom we may com∣municate living.] Which showes that his act of dying so, put him not into worse state in this re∣spect. This answers the first punishment infli∣cted by that Canon. And for the second which is deniall of Cristian buriall, it is very rigorous to conclude a hainousnesse of the fact, from that, since the g true Canon Law denyes that to men slaine at Tilt, though it afford them, if they be not presently dead, all the Sacraments applyable in that extreamitie, as Penance, Eu∣charist, and Unction.
So that, though since it denies buriall to men whom they esteeme in state and way of salvati∣on, the Glosse here collects reasonably, [That this punishment reaches not to the dead, but onely to deterre the living;] referring to this purpose an h Epistle of Gregory, saying, [So much as a sum∣ptuous funerall profits a wicked man, so much a base, or none at all hurts a godly.]
Lastly, that i Clementine which reckons up many causes for which Christian buriall is deny∣ed, amongst which one is a locall interdict, at what time the holyest man which dyes in that place cannot bee buried, which sometimes ex∣tends to whole Kingdomes, instructs us suffici∣ently,
that one may be subject to that punish∣ment, if it be any in that Law) and yet not guil∣ty of such a crime as this is reputed to be.
And k the Romans in their Religious Di∣scipline, refused solemne buriall, to any which perished by lightnings, l though they bu∣ried offenders in the towne, as they did Vestals and Emperours; because as their Dedication to God had delivered the Nunnes, and Sove∣raigntie the Emperours from bondage of Law; so did Justice, to which they had made full sa∣tisfaction deliver offenders punished. And since both Saint Hierome, and the Bracarense Coun∣cell, inflict the same punishments upon those Catechumeni, who although they had all other preparations, and degrees of maturity in the Christian Faith, yet departed out of this world without Baptisme, as they doe upon Selfe mur∣therers, and so made them equall in punishment, and consequently in guiltinesse; I thinke it will ill become the Doctrines of our times, and the Analogy thereof, to pronounce so desperately of either of their damnations. Sert. Senen. lib. 6. Annot. 7. p. 311.
And here wee end our second Distinction of this second Part, which was allotted for the examination of the Canon Law.
OF Arguments of this Nature, which are conclusions deduced out of reason and discourse, next to these generall Lawes of the Empire, and of the Church, (which though it might seeme for the generality thereof, to have deserved the first place, we handled in the se∣cond 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 a Bracton seemes not to know such a Law, when allowing an intire chap∣ter 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 excep∣tion, 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 b it is not onely Homicide, but Mur∣der, And yet the reasons alledged there, are but these, That the King h•…•…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 b•…•… 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 insti∣tution and conservation of states.
For in ancient Common-wealths, the num∣bers of slaves were infinite, as ever both c in Rome and Athens, there were 10 slaves for one Citizen; and d Pliny sayes that in Augustus time, Isidorus had above 4000. And e 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 mise∣rable and beastlike in respect of the idle abound∣ing men;) It was therefore thought necessary by lawes, and by opinion of Religion, (as f Scae∣vola 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 g Lawyer sayes, hunting and usery is [Ne inescarentur homines] and as h 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 i Dorotheus relates at large, the sicknesse of one of his fryars, who could not abstaine from stea∣ling, though he had no use of that which he stole) hath draw from a k Councell holden at London under Hen 3. a Canon which excom∣municates the Harbourers of Theeves (quibus abundat Regio Angliae, and mentions no other fault but this, and from the Custome, and Prin∣ces, and Parliaments severe Lawes against theft, then are justifiable by Nature, or the Iewes Ju∣diciall Law, (for our Law hangs a man for stea∣ling 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 l Scotus disputing against the Lawes of those Nations, which admit the death of a theife robbing by day, because m 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 mis∣devout 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 Me∣decines.
The like must be said of the like Law in the Earldome of Flaunders; If it be true, n 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.
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. There∣upon a Ignatius and many others, even intire Councells, were forced to pronounce, that who∣soever
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 Ca∣suists, and the Bulls of the Popes, iterated and aggravated in that Nation, against there Bull∣bayting, to which they are so enormously addi∣cted, 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 ag∣gravate a fault, then milde punishments dimi∣nish 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 b Salique law punishes a witch, which is convict to have eaten a man, pecuniarily, and la•…•… no high price. And therefore c 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 bene∣ficiall law, within it, though this be against the Nature and common practise of both these lawes.
If therefore our, and the Flemish law be se∣vere in punishing it, and that this argument have the more strength, because more Nations con∣curre in such lawes, it may well from hence be retorted, that every where men are inclinable
to it: which establisheth much our opinion, con∣sidering that none of those lawes, which pre∣scribe 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 forbid∣den, and binds the conscience no farther, but under the generall precept of obedience to the law, or to the forfeiture.
It seemes also by the practise of the Jewes, (for a Josephus speaks of it, as of a thing in use) that they did not bury such as killed themselves, till the Sunne set. But though I know not upon what Law of theirs they grounded this, and I finde not by writers of either of their Policies since their dispersion, (for though they have no Magistracie, but bee under the Lawes of those places into which they are admi•…•…ted, in all cases except where they be exempted by priviledg, yet they doe also testifie a particular derestation of some sins by outward penances among themselves, b as in theft, they binde, and whip, and en∣joyne to publike confession, and in Adultery the offender sits a day in Winter in freezing water, and in Sommer upon an Anthill, or a∣mongst hives of Bees naked, though, I say, I finde not by Galatine, Sigontus, Buxdorfius, nor Mol∣ther, that this was or is in use amongst them, yet because Josephus, though but Oratorily sayes it,
we will accept it; and beleeve that it was upon the reason common almost to all Nations, to de∣terre men from doing it, and not to punish it being done. And of like use, that is, in terrorem, was also that Law of the Athenians, who cut off that hand after death which perpetrated that fact; which Law Josephus remembers in the same place.
That reason which is grounded upon the E∣dict of Tarquinius Priscus, a who when this 〈◊〉〈◊〉 of Death raigned amongst his men like a contagion, cured it by an opprobrious hanging up their bodies, and exposing them to birds and beasts. And b upon that way of reducing the Virgins of Mil•…•…sium, who when they had a want•…•…nnesse of dying so, and did it for fashion, were by Decree dishonourably exhibited as a spectacle to the people naked, prevailes no far∣ther then the argument before, and proves onely a watchfull sol•…•…citude in every State, by all meanes to avert men from this naturall love of ease, by which their strength in numbers would have been very much empaired. And thus wee determine this Distinction.
WEe will now descend to those reasons which particular men have used for the detestation of this action. And first we will pay our debt to Gratian, in considering the places cited by him, and after, the other reasons of Di∣vine Authors, if they bee not grounded upon places of Scriptures, which we repose for the last part, shall have there ventilation in this Distin∣ction.
The a first place then, is in an Epistle of Saint Augustine to Donatus the Heretique; who having beene apprehended by the Catholikes, fell from his Horse, and would have drown'd himselfe: and after complaines of violence u∣sed towards him, in matter of Religion, where∣in he claimes the freedome of Election, and con∣science. Saint Augustine answers, wee have po∣wer to endeavour to •…•…ave thy soule against thy will, as it was lawfull to us, to save thy body so. If thou wert constrained to doe evill, yet thou oughtest not to kill thy selfe. Consider whether in the Scriptures, thou finde any of the faithfull that did so, when they suffered much
from them, who would have forced them to do things to their soules destruction.
To speake a little of Saint Augustine in gene∣rall, because from him are derived almost all the reasons of others, he writing purposely thereof, from the 17 to the 27 Chapter of his first book De Civitate Dei, I say, as the Confessaries of these times, comparing Nav•…•… and Sotu•…•… two of the greatest Casuists, yeeld sometimes that Navar, is the sounder and learneder, but Sotus more usefull and applyable to practique Divi∣nitie; So, though Saint Augustine for sharpe in∣sight, and conclusive judgement, in exposition of places of Scripture, which he alwaies makes so liquid, and pervious, that he hath scarce been equalled therein, by any of all the Writers in the Church of God, except Calvin may have that honour, whom (where it concernes not points in Controversie,) I see the Jesuits them∣selves often follow, though they dare not name him, have a high degree and reverence due to him, yet in practique learning, and morall Di∣vinity, he was of so nice, and refin'd, and rigo∣rous a conscience, (perchance to redeeme his former licenciousnesse, as it fals out often in such Convertits, to be extreamely zealous) that for our direction in actions of this life, Saint Hie∣rome, and some others, may bee thought some∣times fitter to adhere unto, then St. Augustine; Yet I say not this, as though wee needed this medicament for this place.
For I agree with Saint Augustine here, That neither to avoid occasion of sinne, nor for any other cause, wherein my selfe am meerely or principally interessed, I may doe this act; which also serves justly for answer to the same zealous Father in the other place, b cited by Gratian; for with him I confesse, [That he which kills him∣selfe, is so much the more guilty herein, as hee was guiltlesse of that fact for which hee killed him∣selfe.]
Though, by the way, this may not passe so generally, but that it must admit the exception, which the c Rule of Law upon which it is grounded, carries with it, [Nemo sine culpa puni∣endus, nist subsit causa.] And so, as Saint Augu∣stine, we, with as much earnestnesse, say, [Hoc as∣serimus, hoc dicimus, hoc omnibus modis approbamus. That neither to avoid temporall trouble, nor to remove from others occasion of sinne, nor to punish our owne past sinnes nor to prevent future, nor in a desire of the next life, (wherethese considerations are on∣ly, or principally) it can be lawfull for any man to kill himselfe.] But neither Saint Augustine nor we deny, but that if there be cases, wherein the party is dis-interested, and only or primarily the glory of God is respected and advanced, it may be lawfull.
So that, as Valens the Emperour, having sur∣prised Jamblicus, when his divining cock had described three lette•…•…s of his name who should succeede, slew all whose names were Theodor•…•…
Theodotes, or Theodulus, but escaped Theodosius who fulfilled the Prophecy, So Saint Augustine hath condemned those causes which we defend not, but hath omitted those wherein it is justi∣fiable.
In which case being hard to be discern'd and distinguished 〈◊〉〈◊〉 others arising from humane infirmity, it that rule which d Antonius de Cor∣duba, gives in cases of simony, be as he sayes it is, a good guide in all perplexities, it will ease very much.
He sayes, because in the case of simony, ma∣ny difficulties g•…•…ow, because not onely by cleare and common judgements, temporall reward may be taken for spirituall offices, by way of gift, stipend, wages, almes, sustenation, or fulfill∣ing the law or custome of that place, but also by some. Doctors, even by way of pr•…•…ce, and bar∣gaine, if not directly for the spirituall part there∣of, yet for the labour necessarily annexed to it, because every Curate cannot distinguish in these cures, he bids him [ever doe it, with an intention to doe it so, as God knowes it may de done, and as wise men know a•…•…d would teach that it might be done: For thus saith he, humbly remitting our selves to the learned, which are our fathers instruction, what ever defect be in us, yet Saluamur in fide parentum.] And in this sort (e) Pindarus making an impli∣cite prayer to God, that he would give him that which he knew to be best for him, died in that very petition.
Except therefore f 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 g 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 ne∣cessity be, but what for the most part uses to bee.
And in our case we ought (as I thinke rather to follow a 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 •…•…arre from agreeing with b Gra∣tian, 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 [c qualem mors invenit hominem, ita homo inveni•…•… mortem.]
From this place of Saint Hierome, I beleeve, and some other, which perchance I have not rea•…•…, and some other places in others, of like charitable d•…•…scent to this opinion. a Lavater having made his profit of all Peters Martyrs rea∣sons 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.
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 a Clemens Alex. had so through∣ly 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 b 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 c [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, d Thyraeus, from Saint Hierome and Chrysostome sayes, that it is not alwayes inflicted for sinne, but to mani∣fest the glory of God.
And therefore the greatest evill which can be imagined, of this kinde of evill, which is [e 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 o•…•… evill, •…•…et as f Saint Augustine sayes that [in the Act of Marriage, there is Bonus usus mali, id est concu∣piscentiae, quo malo male utuntur adulteri.] And as good Paulinus prayses Severus, that g [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 h Gods enemy, and is therefore evil, yea i Musculus sayes upon that place, [It is often commended in Scriptures, because towards the faithfull God useth it to good ends, and makes it Co∣operari 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 k Calvin notes here, [she is already so de∣stroyed, that she is not lethalis, but molesta.]
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?
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 auricu∣lar confession is not under precept, nor much in practise, (for that we admit it not at all, or re∣fuse it so, as the Waldenses did, though a a re∣verend man say it, is more then I knew) who is judge of sin against which no civill law provides, or of which there is no evidence? May not I accuse and condemne my selfe to my selfe, and
inflict what penance I will for punishing the past, and avoiding like occasion of sinne?
Upon this reason depends that perplex•…•…d case, whether the Pope may not give himselfe a•…•…olution from Acts and Vowes, and partake his owne 〈◊〉〈◊〉, although by the best opi∣nion it is agr•…•…ed, that to do so is an act o•…•… juris∣diction, which by Lavaters rule, no man may 〈◊〉〈◊〉 upon himselfe.
b The Emperiall lawes forbid i•…•… a genera∣lity any to be judge in his own•…•… cause, but all Expositors, except Soveraignes. And in ordi∣nary Judges, all agree with c Baldus [That in facto notorio if the dignity of the Iudge be con∣cerned, 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] d 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. e So [if a sonne which had not beene Sui juris had beene made •…•…onsul, 〈◊〉〈◊〉 he have emancipated himselfe, or authorized another to have adopted him.]
And besides th•…•…, it appeares, that the Popes have exercised ju•…•…sdiction upon themselves, even before they were Popes, (for f Ioha 22 having permission to chu•…•…e o•…•…e Pope, chose himselfe, which deed Naucler relates and just•…•…∣fies) by Canonicall rules it is plaine, that he may exercise jurisdiction upon himselfe in an•…•… case where there is not a distinction of persons
enjoyned Iure Divine, as in Baptisme: which will not be stretched to our case.
And certainly the reason of the Law, why none should be judge in his owne cause, is, be∣cause every one is presumed favourable towards himselfe. And therefore if it be dispensable in some cases beneficiall to a man, much more may it be in cases of inflicting punishment, in which none is im•…•…gined to be over rigorous to himselfe.
And if man were by nature as slavish, as the [g Esseni, by profession and rule, who had power of themselves in nothing, but juvando & miserendo] I see not, but when this becomes an act of advantage to our selves, we may have jurisdiction enough to doe it.
And what is more evident to prove, that in some cases derogatory and prejudiciall to us, we have this right over our selves, then that e∣very man may cedere suo jure, And Non uti pri∣vilegio.
And h it was by all condemned in Grego∣rie, in the great Scisme, that after hee had pro∣mised to depart from the Papacie, by oath, in which was a clause, that he should neither aske, give, nor accept absolution from that oath, hee induced his Mendicants to preach, that it were deadly sinne in him to de-relinquish the Church. So also have many Kings departed from, their Government, and despoiled them of their bur∣den, at their pleasure. For, as i one sayes,
of the whole Church, it may bee said of every particular member; it was ever in Politicall bon∣dage, but not in Spirituall.
So that, if there bee cases, wherein one may assuredly, or probaly, after just diligence used, conclude upon an illumination of the Spirit of God, or upon a ceasing of the reason of the Law at that time in him, that man is then Sui Iuris.
For though in cases where there is a proper Court, I am bound to it; yet, as Kings which are both Soveraignes, may therefore justly de∣cide a cause by Warre, because there can bee no competent Judge between them; So in se∣cret cases betweene the Spirit of God, and my conscience, of which there is not certainly con∣stituted any exterious Judge, we are our selves sufficient to doe all the Offices; and then deli∣vered from all bondage, and restored to our na∣turall libertie, we are in the same condition as k Princes are, who if in the rigour of words they may not properly bee said to give them∣selves Priviledges, have yet one generall inhe∣rent Privilege, and when they will, they may declare, that in that particular case, they will not take a new, but exercise their old Privi∣ledge.
And because a Iosephus hath one reason
which tasts of Divinitie, we will consider it in this place. He sayes, our Soule is, particula Dei, and deposed and committed in trust to us, and we may not neglect on disharbour it, before he withdraw it. But we are still upon a safe ground, That whensoever I may justly depart with this life, it is by a S•…•…mmons from God; and it can∣not then bee imputed to any corruption of my will: for, b Velle non creaitur, qui obsequitur Imperio. Yet I expect not ever a particular: in∣spiration, or new commission, such as they are forced to purchase for Sampson, and the rest; but that resident and inherent grace of God, by which he excites us to works of morrall, or high∣er vertues.
And so, when it is so called for againe, c it were a greater injustice in us to deny or with∣hold any thing, of which wee were Depositaries, then if we were Debtors; yea, (not to depart) from Josephus. Allusion or Metaphor of De∣positum. If it were a fault to let goe that of which I were Depositary, before it were truely called for, yet in Consc•…•…entia errante, I were excusable; for it d is [Ex substantia depositi, ut deposit arius tantum de dolo teneatur non de culpa.] Yea, when e I have a secret from another, Data fide, I have this in all respects, in Natura Depositi; and yet no man doubts, but that I may in many cases, depart with this secret.
There are many Metaphoricall and Similitu∣dinarie Reasons, scattered amongst Authors, as in Cicero and Macrobius, made rather for illustration, then for argument or answer; which I will not stand to gleane amongst them, since they are almost all bound up in one sheafe, in a that Oration of Josephus. Or else will be fitly hand∣led in those places of Scripture, which make some such allusions.
Josephus then in that Oration hath one Rea∣son drawen from the custome of an Enemy. We esteeme them enemies, who attempt our lives, and shall we bee enemies to our selves? But besides that, in this place, Iosephus speakes to save his owne life, and may justly be thought to speak more ex animo, and dispassioned, where∣in the a person of Eleazar hee perswades to kill themselves, there is neither certaine truth in the Assertion, nor in the Consequence. For do we esteeme God, or the Magistrate our enemy, when by them death is inflicted? And do not Martyrs, in whose death God is glorified, kisse the Executioners, and the Instruments of their death? Nor is it unlawfull, unnaturall, or unex∣pedient for us, in many ca•…•…es, to be so much our
owne Enemies, as to deny our selves many things agreeable to our sensitive nature, and to in∣flict upon our selves many things repugnant to it, as was abundantly shewed in the first part.
In the same Oration he hath another alluso∣rie argument, [That a Servant which runnes away, is to be punished by the Law, though his Master bee severe; much more if we runne away from so indul∣gent a Master, as God is to us.] But not to give strength or delight to this reason, by affording it a long or diligent answer; wee say, In our case the Servant runnes not from his Master, but to him, and at his call obeys his voyce. Yet it is as truely, as devoutly sayd. [The de∣vill is overcome by resisting, but the world, and the flesh by running away.] And the farther, the better.
His last, which is of any taste, is [That in a tempest, it were the part of an idle and treacherous Pylot, to sinke the Ship.] But I say, if in a Tem∣pest we must cast out the most precious ware aboard, to save the lives of the Passengers, and the Marchant who is damnified thereby, cannot impute this to any, nor remedie himselfe, how much more may I, when I am weather beaten,
and in danger of betraying that precious soule which God hath embarqued in me, put off this burdenous flesh, till his pleasure be that I shall resume it? For this is not to sinck the ship but to retire it to safe Harbour, and assured Anchor. And thus our fourth Distinction, which was to embrace the reasons proposed by particular Au∣thors, whether Divine or Prophane, and as well Oblique and Metaphoricall, as Direct, shall here be determined.
ANother sort of Reasons is produced from grounds of Morall Vertues. Of which a S. Thomas proposeth two, which we limit for this Distinction; for that of Saint Augustine, That it is against Fortitude, hath another roome.) First then Aquinas saies, it is against justice, and against Charity.
And the first in two respects, both because he steales from the Universe, or from that State, to which his service is due, one person, and mem∣ber of the body; and also, because he usurpes upon the right of God. But the first of these may as well be said of all who retyring them∣selves
from functions in the Common-wealth, defraud the State of their assistance, and attend onely their owne ends, whether in this life, or the next.
For certainely to doe even that, so intensly, as we neglect ou•…•… office of Society is in genere rei, the same offence, as this.
But as there are many which follow Aqui∣nas herein; So Navar, and Sayr, and others are up•…•…n better reason of opinion, that this can be no sinne against Justice.
And for the second reason, This is not to u∣surpe upon Gods Authoritie, or to deale with another's servant; if I become his Servant, and his Delegate, and his Commissioner, in doing this, when he can be no other way so much glo∣ryfied. And though the passage from this life to the next, bee not generally left to our free∣will, and no body be properly Lord of his own life, yet b [Though we have not Dominium, we have Usum, and it is lawfull for us, to lose that when we will]
Betweene which negative killing, and positive killing, how little and narrow a distance t•…•…ere is, and how contiguous they are, we shall see in another place.
If therefore the reason why we may not dye thus, be, because we are not Lords of our own life, but only God, then the State cannot take away our life; for c [That is no more Lord of our life, then we are,] •…•…hat is, she cannot doe
it, but in cases where she is Gods Officer.
And if in this case, there were any injury done to the State, then certainly it were in the power of the State, to license a man to doe it, and he should upon such a license be excusable in conscience. For this, in the State, were but Cedere in re suo, which any may lawfully doe.
And lastly, if the State were injured in this, the State might lawfully recompence the dam∣mage, upon the heire and goods of the Delin∣quent; which, except in those places, where expresse Lawes allow it, cannot be done.
Yet, I thinke, the better opinion, (to judge by number of Authors) will be, That if that person be of necessary use to that State, there are in it some degrees of injustice; but yet no more, then if a Generall of much use, should re∣tire into a Monasterie. But if we may safely take this resolution, That it is not against justice, we may ease our selves of all that labour which must bee spent upon the third part; for, since the foundation of that will be principally the Commandement, Thou shalt not kill; If this kil∣ling be not against Justice, it is no breach of a∣ny part of the Decalogue, and so no sinne.
If any should thinke, that it may be an inju∣stice to our selves, d Aquinas in the same place cleares it. And if it were possible, for a man to injure himselfe, which is not, yet this in∣jury might be oftentimes such an one, as Cicero sayes, his banishment was, [Non modo non propul
sands, sed emenda,] considering how much hap∣pinesse might recompence it.
And whether it be against Charity or no, be∣cause Charity is not properly a Morall vertue, nor of this place, because many of those places of Scripture, which we must handle in the last part, are built upon this ground of Charitie, we will not examine, till we come thither. Here I will onely say, That though it be yet under D•…•…putation and questionable, whether this be against Charity, or no; this is certainly against Charity to pronounce so desperatly, as men use to doe, against them who fall into it.
Of such reasons derived from the rules of Mo∣rall vertue, Aristotle insinuates two. For obser∣ving that this kinde of death caught men by two bai•…•…s, Ease and Honour, Against them who would dy to avoide Miserie, a Hee teaches Death to be the greatest misery which can fall upon us. Which (not to examine how it can consist with the rest of his Doctrine) was to that pur∣pose, the most slipperie and insinuating per∣swasion.
And then, that Honour and Fame might draw none, b he sayes, It is Cowardlinesse, and De∣jection, and an argument of an unsufferable and im∣patient minde. But of the first of these we have spoken before, in answer to one of P. Martyrs
HAving thus considered those Reasons, which in the best Authors are to be found, and shewed such Rules, as serve for the true un∣derstanding of them, and of all others which spring from the same, or like heads, before wee determine this Second Part, which is of the law of Reason; it shall bee requisit that wee also touch those Reasons, which on our part are by others, and may bee by us produced, by which this Selfe-homicide may be delivered either a toto, or a tanto
But not to stop long upon that Law and practise in the State of Rome, That any who had his cau∣ses allowed in the Senate, might kill himselfe; upon which a Quintilian frames a Case, That a Sonne who by Math maticians Predictions, was first to kill many Enemies, and then his Father; having in the warres performed the first
part, makes petition to the Senate, that before he come to performe the last part, he may be admit∣ted to kill himselfe, and argues it for the Sonne, by many reasons appliable to his particular case, and to our maine question, I will hasten to our chiefe strength.
It may then give much light to this businesse, if we compare Desertion and Destruction, and consider where and wherein they differ. Cer∣tainly, in Almighty God, it is not the same thing to forsake and to destroy, because he owes us nothing; and ever in his forsakings there are de∣grees of Mercy, because hee might then justly destroy us, and may after at his good pleasure returne againe to us.
But betweene men who are mutuall Debtors, and naturally bound to one another, it is other∣wise. For a Magistrate, or Minister that aban∣dons his charge, and neglects it, destroies it. So sayes a Agapetus the Deacon to Justinian the Emperour, Privati vitium est patrare, principis omittere. Yea, a private man which hinders not a mans wrong, (when it belongs to him to do it) offers it. b [Fame morientem si non pave∣ris, occidisti,] saith Ambrose. And c [That Cler∣gie, man which hinders not a manslaughter, if hee can, is thereby irregular.] And he which to him∣selfe denies necessarie things, or exposes him∣selfe
inordinatly to such dangers as men use not to escape, kills himselfe. He that is as sure that this Medicine will recover him, as that this Poy∣son will destroy him, is as guilty if he forbeare the Physicke, as if he swallow the Poyson. For what is this lesse, then to attend the ruine of a house, or inundation of a streame, or incursion of mad beasts? They which compare Omissi∣ons, and Committings, require no more to make them equall, but that we omit something which we could, and should doe.
First, therefore in all Lawes, in such faults as are greatest, either in their owne nature, or in an irremediablenesse when they are done; all ap∣proaches, yea the very first step to them, hath the same guiltinesse, and is under the same punish∣ment, as the fault it selfe. As in Treason and Heresie, the first consent is the absolute fault.
And a we have an example of a Woman b•…•…rnt for petie T•…•…eason, for compassing the death of her husband, though it were not effected.
Homicide is one of those crying sins, and hath ever beene reckoned in Atrocibus. For though the b Athenians removed all Dracoes Lawes by dis∣use, for their extreame severity, yet they retained those against Homicide.
And this Homicide, c saies Tolet, may bee done five wayes, by 1. Commandement, by
2. Advise, by 3. Permission, by 4. H•…•…lpe, or by the fact it selfe.
And in the fi•…•…st and worst Homicide commit∣ted in Paradise, in which were employed all the persons in the world, which were able to 〈◊〉〈◊〉 to evill, when though there was but one man, all the Millions which have been and shall be, were massacred at once and himselfe too, as many of these kindes of Homici•…•…es were found, as was possible in so few persons. For as c one notes, [The Serpent counsailed, the Woman helped, and Adam perpetrated,] and wee •…•…ay safely and reverently say) God permitted If then every one of these be a kind of Homi∣cide, no approach towards it can be lawfull, if any bee lawfull, that is not Homicide. Let us therefore consider how farre, and in how many of these waies Selfe-homicide may bee allow∣able.
First therefore, though it be the common re∣ceived opinion, a [Mandatorem, & Man•…•…atarium eidem poenae subjici,] Yet by the way of Pre∣c•…•…pt, we cannot properly work upon our selv•…•…s, because in this act, the same partie must be agent, and patient, and instrument.
Nor very properly by the second way of advise; yet so neere, we may come to the nature of it, that after discourse we may advise•…•…ly chuse one
part, an•…•… refuse the other, (for b Cujus est vel∣le, ejus est & nolle) and so we may w•…•…sh to our selves, that which is naturally evill, I meane, Malum poenae; as the c Eremite by earnest prayer obtained of God, that he might be posses∣sed of the Devill for certaine moneths, because he found in himselfe an inclination to pride and securitie.
Thus certainely in some cases, we may with∣out sinne wish Death; and that not onely for enjoying the sight of God, (for so d sayes a ho∣ly man, Pro visione Dei, millies corpus nostrum mor∣ti dare optamus) but even to be so delivered from the encumbrances of this life; for so it hath [rationem boni] e as Peter Martyr argues; and then, [f Nove meliorem est Corruptio p•…•…imae habitudinis.]
This therefore we may wish; and yet it is so farre from being lawfull to wish any thing which were evill; that [g It is sinne to wish, that any thing which is naturally evill, were not so, that so wee might then wish it, when it were dis∣charged of that naturall illnesse.]
Death it selfe therefore is not evill, nor is it evill to wish it, is it evill to further that with more actuall helpe, which we may lawfully wish to be done?
These two extreme Religions, which seem to a∣vile secular Magistr•…•…cie, and subject Monarchs ei∣ther to an O•…•…dinarie, or else to a Consistorie, ac∣cept willingly this saying, Curse not the King, no not
in thy heart; That is, wish not ill to him. Nor have I observed that the Authors of either distemper have in their Books allowed, that the Subject might wish the death of the Prince, but in the same cases, where he might contribute his actu∣all helpe. For both Papists and Puritanes teach∣ing that a lawfull King may become a tyrant, (which to my understanding cannot consist with the forme and right of an inheritable Monarchie.) Yet h one who pretends to go the middle way (and that is truely in this case, Via Regia, sayes, [That as well wee, as the Romanists esteeme a King of another Religion a Tyrant.] And [That it is im∣possible to make such a King, but he must be a Tyrant, in the opinion of one side.]
And for his own opinion delivers [i That no man can be bound by oath of fidelity to the Pope, upon this reason, because he is not indeed Vicarius Dei, as he presumed him, and swore him to be.]
And conformably to this, k that book whose title and scope is of the foundation of matter of State in France, and (as it pretends in all Chri∣stendome) when after it hath enraged Subjects against Tyrants, it comes to declare what a Ty∣rant is, exemplifies in the King of Spaine, and upon such reasons, as any Malignitie equall to that Author, may cast upon what Prince it will.
And lastly, who ever shall well compare (l) Beccariaes booke, with Bezaes, if that other be Bezaes) though they differ Diametrally in ma∣ny
things, yet by their collision and beating together, arise abundantly sparkes of this pe∣stilent Doctrine, That as Tranquillity was, so now Religion is, the reason why wee admit Kings, and why they are none, when they ne∣glect Religion; upon these Doctrines, I say, it is inferred, m [That it is lawfull to wish the death of a Tyrant, or of a favourer of Heretiques, though he dye in mortall sinne.] To wish therefore, and to doe, are naturally the same fault; and yet, though it be n [a sinne to offer my selfe even to Martyrdome, only for wearinesse of life.] o [Or to wish death simply for Impaciencie, Anger, Shame, Povertie, or Misfortune;] yea to wish heaven meerely for mine owne happinesse; yet cer∣tainely p S. Paul had some allowable reasons, to desire to be dissolved, and to be with Christ. And q Calvine by telling us upon what reason, and to what end he wished this, instructs us how we may wish the same. He sayes, Paul desired not death, for deaths sake, for that were against the sense of Nature, but he wished it, to be with Christ.
Now, (besides that, by his leave,) we desire many things which are against the sense of Na∣ture, to grant that we may wish death to be in heaven, (though Peter Martyr before alledged, be of the same perswasion) is a larger scope, and somewhat more dangerous and slippery a graunt, then wee urge towards, because herein onely the interest and good of the party seeme
to be considered; And yet (a) Emanuel Sâ ex∣tends 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 d•…•…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. s In the life of Philip Nerius, who in our age instituted the last Religion approved and esta∣blished in the Church of Rome, we read, that he being entreated (as he was ordinarily in like de∣sperate 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 be∣gunne, before the message came to him, the young man dyed. When hee had been dead a∣bout 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 •…•…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, stran∣ger things then the t book of Conformities imagined in Saint Francis (for I beleeve that Au∣thuor purposed onely like Xenophon or Plato, or Sir Thomas Moore, to ideate and forme, then to write a credible History, though u 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.
The next species of Homicide in Tolets divi∣sion, is Permission; which when it is toward our selves, is by the Schoole-men usually called De∣sertion, 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 enfo•…•…ced to chuse of two evills, the least, that is to say, the least hurtfull to civility and society, and must admit sometimes particu∣lar mischiefe, rather then a•…•… generall inconve∣nience,
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 for∣ced to ch•…•…se any thing naturally evill, no man hath as yet, to my knowledge, impugned this cu∣stome 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 a 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 ho∣nour, or li•…•…e, of the Pope; but for temporall things I must prefer others before my selfe, if a publique profit recompence my private Do∣mage. b 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, c [That no man is at any time enforced to exercise his priviledge.] [For the written Law every man is bound to kn•…•…w, but d pr•…•…viledges and exempti∣ons from that Law, he may be exc•…•…sably ignorant of and in such ignorance transgresse them.] Hereupon i•…•… is sa•…•…ely infer'd, that though every man have natu∣rally
this priviledge, to resist force with force, and be authorised by that, to lay violent hands, even upon the Popes life, as e Gerson exempli∣fies, or upon the Emperours, as f Acacius, when either of them exceeds the limits of their Magi∣stracy, (for then the party becomes the Depu•…•…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 kil∣led, rather then kill him in that mortall sinne. g Which our Countryman Sayr, holds as the common opinion from S•…•…tus, Navar, Cajetan, and many others. And none, that I have seen excepts to it, in any other person then a Souldier, or such as hath the lives and dignities of others so enwrapped in theirs, as they cannot give away themselves, but by betrayin•…•… others. And this Desertion seems to bee of Naturall reason, because it is to be found in all lawes; for even in the h 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 law∣full to defend my life by killing another; which is farther, then any of the others went. And when I c•…•…mpare our two lawes, That if I defend my se•…•…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 pri∣viledge 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, i [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 k 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 l whole streame is against him, Sotus, Navar, Cajetan, and Sayr. And Navar adds, that in these dayes (and yet now it is not so likely to be Symbolum Idolotricae pravitatis) a man is bound rather to famish, then to eat meat offred to Idols.
And therefore they say; that Aquinas his opi∣nion, That a man is bound to use his priviledge for safegard of his life, is onely true then, when he doth not wayve it, for some end berter and worthier then our naturall life; of which sort all spirituall advantages are. So that in such cases they all agree, we may abandon and for∣sake our selves.
And we may step farther yet in this Deser∣tion; for we may offer our selves for the good of our neighbour. For the temporall life cannot
be more precious then our soule; which, in rigour is murdered by every sinne consented unto. Yet m Chrisostome sayes, [No praise is enough to give Sara for consenting to ly, and to sub∣mit herselfe to Adultery for salvation of her husbands life.] I know n Saint Augustine is earnest against this.
But his earnestnesse is upon the matter of fact, for he denyes that either Abraham or Sara con∣sented to any sinne; But when he o disputes De jare, whether Sara by Abrahams consent might expose her selfe, to save his life, and is much troubled with the example of one which was prisoner, for debt to the State, under Acin∣dinus a Praefect, under Constantius, whose wife being solicited by a rich man, who would give so much as would discharge her husband, to possesse her own night, by her husbands consent, earned his liberty in that manner; at last he leaves it indifferent for any man to think it lawfull or unlawfull in such a necessity, though indeede his own opinion decline from it. p Bonaven∣ture denies, that for the temporall good of an∣other, I may offer willinlgy my life. But he grounds it upon the same reason that q Augu∣stine doth; That we may not love another more then our selves, which in this case we seeme to doe.
But many of the Fathers, Hierome, Ambrose, and Lactantius, and many of the Schoole, as Aqui∣•…•… Fra. Victoria, Sotus, Bannes, and infinite are
against him: and answer Saint Augustine thus, That in that case, a man doth not prefer his friend before himselfe, but he prefers an Act of vertue, and of friendship, as things of more spirituall Nature, before his own temporall life.
But that for the spirituall good of another, a man should expose his own life, is an unresi∣sted doctrine, and as r Sayr saies, [It is sub prae∣cepto,] So s a Curate is bound to baptize, and to anoint in the plague time. Yea, it is an act of Vertue, though not of necessity, (as in the Curates case) t [To visit a sick man, in such a time, though you bee a private man, and your end be not spirituall comfort.
And we may yet proceed farther, for wee may lawfully dispossesse our selves of that, which was before afforded us, and without which we can have no hope to sustaine our lives. u As in a persecution, a private man, having food left sufficient only to sustaine one man, may give it to a publike person, and so perish. And only Sotus denyes, that in a shipwrack, if after wee have both beene in equall danger, I catch and possesse my selfe of any thing to sustaine me, I may give this to my Father, or to a Magistrate: against the strength of Navar, Tolet, Fra. Victor. and many others.
The farthest, and uttermost degree of this Desertion, is inordinate and indiscreete volun∣tary fasting, of which Saint Hierome, (as it is
x related into the Canons) sayes, [That by such an immoderate innocence, and indiscreete singing of Psalmes, and Offices, a man looseth his dignity, and in∣curres the note of madnesse,] And upon this place y Navar sayes, That Saint Hierome pronoun∣ceth, an [Indiscreete fasting which shortens the life, if the party perceive that it worke that effect, though it be without intention to shorten his life, and that he doe it, to be the better able to satisfie God, yet it is a Selfe-Homicide.] And z hee adds in another place, speaking of the same purpose, [It makes no difference whether thou be long in killing thy selfe, or doe it at once]
And a so Cassianus sayes expresly, [That that Friar killed himselfe, which having vowed in his journey, to eat nothing except Godgave him meat immediately, refused to eat, when theeves accustomed to kill passengers by that place, came and presented him bread.] And yet, though he saies he killed himselfe, he imputes nothing to him but Indi∣scretion. And therefore saith b one, [Our Sa∣viour Christ exceeded not 40. dayes in his fast, Ne sui Homicida videretur.] And he interprets that word, d Esuriit, [That then he perceived his body to languish and suffer detriment by fasting] For, if he had not hungred till then, his fasting had had no vertue. So that he gave over, when he found the state of his body impaired by fasting, yet pursu∣ing and imitating the superstition of the Philo∣sophers, who taught that e [Dum corpus augemus, mortaliores efficimar,] And that (e) [Per tenuita∣tem
assimilamur Deo,] How much the writers in the Romane Church suffer, and obliquely ad∣hort these inordinate Fasts, and other disciplines, appears by that which I cited out of Clarus Bo∣narscius before, and wheresoever they have occa∣sion to speake thereof.
And in no one thing more, then that they inculcate so often, [That it was the practise of the Devill, to appeare to Saint Francis, and cry out to him, that no man which kills himselfe with such ma∣ceration, could be saved,] which f Bonaventure relates in his life.
Whatsoever hath beene done by others, they teach, we ought to exceede. And since g [The Monkes in Prester John his Dominions, fast strictly fifty dayes, and stand all that time to the chinne in water.] Since they finde in h Abbas Vrsperg, a maid that fasted two year and a halfe after she had received the body of our blessed Saviour.
And an Eremit 22. yeares, without receiving any thing, they say no fast can be too severe, which is undertaken to reduce our body to a tamenesse. Yea, i [though that be already perfectly effected, yet a man is bound to the fasts injoyned.] For k [Fasting, without charity, doth wash away sinne.] By this rigor of fasting, they seeme sure, that our Saviour watched all those 40 dayes: be∣cause l [Qui dormit, prandet.] And as it is not likely that Moses slept in his 40 dayes con∣versation with God, so is it unlikely that Christ did lesse then he. And so Saint Francis is extoll'd
by them, for observing three Lents every year, which m Saint Hierome so much detests in the Montanists. And though their ends were divers, yet this shewes, that to some ends, these enor∣mous witherings of our bodies are allowable. Upon which reason n John Baptists austerity is so much dignified; And o Saint Peters fee∣ding upon Lupins; And p Saint Matthewes li∣ving without flesh. And not onely the Empe∣rour Iustinians choise, q [Who in an extreme sickenesse in Lent, would take nothing but hearbs, and salt, and water,] but also the r Carthusian Rule, by which though it appeare that flesh would save the Patients life, hee may not eate it. And by the s Apostolicall constitutions, (which Tur∣rianus extols so much, that by them he confutes much of the Reformed Churches doctrine) [A man must fast to death, rather then receive any meat, from an Excommunicate person.] And in another Chapter, t [If any thing be in a case of extreame necessity accepted from such a person, it may bee be∣stowed in full, that so their Almes may be burnt, and consumed to ashes, but not in meate to nourish our selves withall.]
So, to determine this Section of Desertion, since we may wayve our defence which Law gives, by putting our selves upon a Jurie; and which Nature gives, to repell force with force, since I may without slying, or eating when I have meanes, attend an Executioner, or Famine, since I may offer my life, even for anothers tempo∣rall
good, since I must doe it for his Spirituall, since I may give another my board in a Ship∣wracke, and so drowne, since I may hasten my arrivall to heaven, by consuming penances, it is a wayward and unnoble stubbornesse in argu∣ment, to say still, I must not kill my selfe, but I may let my selfe dye; since of Affirmations and Denyals, of Omissions and Committings, of Enjoy•…•…ing and Proh•…•…bitory Commands, ever the one implies and enwraps the other. And if the matter shall bee resolved and governed only by an outward act, and ever by that; if I forbeare to swimme in a river and so perish, be∣cause there is no act, I shall not be guilty, and I shall bee guilty if I discharge a Pistoll upon my selfe, which I knew not to be charged, nor intended harme, because there is an act.
Of which latter opinion u Mariana the Jesuite seemes to be, as we shall have occasion to note, in the next Member and species of Homitide, which is, Assistance.
But before we come to that, we must, though it be not, nor naturally could be delivered in To∣lets Division; consider another species of Homi∣cide, which is Mutilation or Mayming.
For, though in Civill Courts, it be not sub∣ject to like penaltie, yet if it bee accompanied with the same Malignitie, it is in conscience
the same sinne, especially towards our selves; because it violates the same reason, which is, that none may usurpe upon the bodie over which he hath no Dominion.
Upon which reason, it is also unlawfull for us to deliver our selves into bondage; (which I men∣tion here, because it ariseth from the same ground, and I am loath to afford it a particular Section. Yet a holy Paulinus, a Confessor, and Bishop of Nola, then whom I find no man celebrated with more fame of sanctitie and in∣tegrity, to redeeme a Widowes Sonne, delive∣red himselfe as a a slave to the Vandals, and was exported from Italy to Afrique; and this, as I thinke, when hee was necessary to that place, being then there Bishop; for that was but five yeares before his death.
But to returne to Mutilation, b it is cleare by the Canons, that towards irregularity, it works as much, and amounts as farre, to have maymed, as to have killed.
And c in a Councell at London, Anno 1075 one Canon forbids a Clergy man, to bee pre∣sent at judgement of death, or of Mutilation. And amongst the d Apostles Canons this is one, [He that gelds himselfe cannot be a Clerke, because he is an Homicide of himselfe, and an enemy to Gods creature. [e And to geld, is to maime in our Law.]
So in the next Canon it is said, [f A Clerk which gelds himselfe must be deposed, Quia homi∣cida
sui.] g And a Lay-man must for that fault be excommunicated three yeares, quia vitae suae po∣suit insidias.] It was therefore esteemed equiva∣lent to killing.
And h Calvine, esteemed it so hainous, that he builds his Argument against Divorce upon this ground, [God made them one Body, and it is in no case lawfull, for a man to teare his owne body.] But if this be so lawfull as Divorces are law∣full, certainly this peremptorie sentence against it, must admit some modification.
Without doubt, besides the examples of holy men who have done it, to disable themselves from taking the burden of Priesthood, of which i Saint Marke the Evangelist was one, who to that end cut off his thombe. And besides, that as our Saviour said, k [Many should geld themselves for the Kingdome of heaven.] So l A∣thenagoras, 50 yeares after Christ, saies, [that ma∣ny did practise it.] It is doubted by none, [But m that a man unjustly detained to a certaine exe∣cution, may cut off that limbe by which he is tyed, if he have no other way to escape: or being encom∣passed with doggs, he may cut off a hand, and cast it to them, to entertaine them while he escape.
to that end, is as justly by Judges of Consciences, called Homicide, as a Ardoinus recknoning up all poysons, which have a natu∣rall malignity and affection to destroy mans bo∣dy, forbeares not a Flea, though it never kill, because it endeavours it, and doth all the hurt it can; and he is diligent in assigning preserva∣tives and restoratives against it.
And b so to that Amalekite, which told Da∣vid he helped Saul to dy, when hee found him too weake to pierce himselfe, David pronoun∣ced judgement of death, for (saith hee) thine owne mouth hath confessed, That thou hast kill'd the Lords Anointed.
Certainely, c Mariana the Jesuite, whom I named before) esteemes this actuall concur∣rence to ones death, as heavy as the act it selfe; yea, as it seemes, though the party bee igno∣rant thereof. For, after hee concluded how an Hereticall King may be poisoned, he is diligent in this prescription, [That the King bee not con∣strained to take the poyson himselfe, but that some o∣ther may administer it to him: And that therefore it be prepared, and conveied in some other way then meate or drinke, because else, saith he, either willing∣ly or ignorantly he shall kill himselfe.] So that hee provides, that that King who must dye under the sinnes of Tyranny and Heresie, must yet be defended from concurring to his owne death, though ignorantly, as though this were a greater sinne.
Since therefore this hastning of our death by such an act, is the same, as the intire Selfe-ho∣micide, let us consider how far•…•…e irreproved Cu∣stome, and example, and Law doth either al∣low or command it.
For that it is allowable, it seemes to me some proofe, [d That before any man accuses him, a Malefactor may go and declare his fault to the Iudge.]
Though amongst Italian relations, e that in Sansovine concerning England have many marks and impressions of malice, yet of that custome, which hee falsely sayes to bee observed here, [That men condemned to be hanged are ever accom∣panied to their Executions by all their kinred, who then hang at their feet, to hasten their ende; And that when a Patient is abandoned by the Physicians, his neerest kinsman strangles him with a pillow.] Of this, I say, that Author had thus much ground, that ordinarily at Executions, men, out of a Charitie, as they thinke, doe so; and wo∣men which are desperate of sicke persons reco∣very, use to take the pillow from under them, and so give them leave to dye sooner. Have they any more the Dominion over these bo∣dies, 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 con∣science 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 justifi∣able; 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. f 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 vio∣lence might be used, where the breaking of the halter delivered the Prisoner from death; as in some places it doth; and g good opinions concurre, that it is to doe ever without doubt, whatsoever is for ease, or escaping painfull pas∣sage 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 for∣bidden to hasten his death; for they are no o∣therwayes 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 h 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 Pur∣gation, which were called Vulgares, lasted long, even in the Church; For there is nothing ex∣tant against them, till i Stephen the fift, An∣no 885.
And not onely k Charles the great, in whom the Church acknowledged Piety enough, indu∣ced one forme severer then the rest, which was to walke upon 9 burning Harrows. But l Bri∣tius a Bishop, being but callumniated by the people extrajudicially, to have got his Laun∣dresse with child, after his innocence had prevai∣led 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 ex∣tort a forme of Purgation, to carry burning coales upon his head. With us, m both the spe∣cies 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 ne∣cessitie 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 pro∣fesses
a love to that obedience, which himselfe calles indiscreet, you shall reade many prayses given to men, who did not onely forsake them∣selves, but actually further their destruction; though not effectually; which makes no diffe∣rence, if it be in dangers, which usually men e∣scape not. n He prayseth one Fryar, who be∣ing by his Abbat commanded to returne that night, the waters being risen, committed him∣selfe 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; o That a holy old man seeing his ser∣vant mistake poyson for honey, and put it into his broth, eate it neverthelesse without chiding; and when the servant perceived it, and exclai∣med, Sir, I have kill'd you, answere, it is all one, for if God would have had mee eate ho∣ney, he would have directed thy hand to honey.
Of the holynesse of Joseph of Arimathaea, we have testimony enough; p 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 q 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?] [r 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 Coun∣cells, 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, s 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 t if a Priest en∣ter 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 re∣turning to let the others know, that he knew it by confession. So peremptory is their Do∣ctrine, how ever their practise be, against revea∣ling
Confessions. And though perchance this seeme a wanton case, framed upon impossible concurrences, as u Soto esteemes of it, yet the reason may have use; That though selfe-pre∣servation be Divine Naturall Law, and the seale of Confession but Divine Positive Law, yet be∣cause circumstances are not alike, in this, a pub∣lique good shall be preferred before his private life. So that we may doe some Acts our selves, which conduceth probably, yea certainly, as farre as humane knowledge can reach, to our de∣struction: which is the neerest step to the last act of doing it intirely our selves.
Of which last act, as we spoke whilst we con∣sidered the Law of Nature, and must againe when we come to understand those places of Scripture, which seeme to ayme towards it, so before wee conclude this part, of the Law of Reason, we may fitly present such deductions, comparisons, and consequences, as may justly seeme in reason, to annihilate or diminish this fault. Of which, because most will be groun∣ded, either upon the conscience of the Doer, or upon the Churches opinion of the fact when it is done, wee will onely consider how farre an erring Conscience may justifie any act, and then produce some examples of persous guilty of this, and yet canonized by the Church, by admission
into the Martyrologe, and assigning them their Feasts, and Offices, and Vigils, and like religi∣ous Celebrations. Therefore to make no use of a Pythagorus example, who rather then hee would offend his Philosophicall conscience, and either tread upon the Beanes himselfe, or suffer his Scholers to speake before their time, deli∣vered up himselfe, and forty of them to his Enemies sword. And to avoide the ambages and multiforme entangling of Schoolemen; herein we will follow that which is delivered for the common opinion; which is, b that not onely a conscience which errs justly probably and Bona side, that is, after all Morall industry and dili∣gence hath beene used, (yet I meane not exqui∣site diligence, but such as is proportionall to the person, and his quality, and to the know∣ledge which that man is bound to have of that thing, at that time) is bound to doe according to that mis-information, and mis-perswasion so con∣tracted. But also, if it erre negligently, or o∣therwise viciously, and mala side, as long as that errour remaines and resides in it, a man is bound not to doe against his conscience.
In the first case, if one in his conscience thinke that hee ought to lye, to save an innocent, or that he ought to steale to save a famished man, he is a Homicide if he lye not, or steale not.
And in the second case, though he bee not bound to any Act, yet it is lawful to him then, to omit any thing necessary otherwise. And this
obligation which our Conscience casts upon us, is of stronger hold, and of straighter band, then the precept of any Superiour, whether Law, or person; and is so much juris naturalis, as it can∣not be infringed nor altered, beneficio divinae in∣dulgentiae, to use their owne words. Which Do∣ctrin, as it is every where to be gathered among the Casuists, so is it well collected and amassed, and and argued, and confirmed, especially by Azori∣us. If then a man after convenient and requi∣site diligence, despoiled of all humane affections, and self-interest, and [Sancto bonaee impatientiae igne exardens,] as Paulinus speaks; do in his conscience beleeve that he is invited by the Spirit of God to doe such an act as Ionas, Abraham, and per∣chance Sampson was, who can by these rules con∣demne this to be sinne? And therefore I doubt there was some haste and praecepitation in c Cas∣sianus his judgement, though otherwise, a very just esteemer and valuer of works of devotion and obedience; who pronounces that that ap∣parition of an Angell, to Hero an Eremit, after 50 yeares so intense and earnest attending of Gods service, and religious negligence of him∣selfe, that he would scarse intermit Easter day, from his strict fasting, and being now d Victo∣riarum conscientia plenus, (as the Panegyrique saies) was an illusion of the Devill to make him de∣stroy himselfe. Yet Hero being drawn out of the Well into which he had cast himselfe, and living three dayes after, persisted in a devout acknow∣ledgement
that it was the Spirit of God, which sollicited him to that, and dyed in so constant an assurance and alacrity, that Paphnutius the Ab∣bat, though at first in some suspence, did not number him inter Biathanatos, which were per∣sons reputed vitiously to have killed themselves.
Nor may it be necessarily concluded, that this act was therefore evill, if it appeared to be from the Devill. For e Wierus, tells us of a maid whom the Devill perswaded to goe such a Pil∣grimage, and at such an Altar, to hear a Masse, for recovery of her health.
Certainly if as f Vasquez holds, [it be not I∣dolatry to worship the Devill in an Apparition, which I thinke to be God] it can be no offence to be∣leeve him, after I have used all meanes to dis∣cerne and distinguish: For not onely those Rules which are delivered ordinarily to know him by, are apparantly false, which are a diffe∣rence in his hands or feet, or some notable de∣formity by hornes, or a tayle, of which g Bins∣feldius seems confident of the first, and (h) Men∣ghi of the second. But that Rule that God al∣waies infuseth or commands good things, if it be understood of that which is good, in the com∣mon and naturall course is not alwaies safe, for it held not in Abraham, nor the Israelites case. Therefore though Vasquez his first excuse, That such a worship is not Idolatry, because by reason of our immediate relation to God, we never ar∣rest nor stop upon the Devill by the way, will
doe no good in our case of beleeving, yet his o∣ther will, which he hath in the same place, That there may be an invincible ignorance, and that in that any exterior act whatsoever, proceeding from a sincere and pure intention of the mind, is an act of true Religion. For safelier then the i Panegyrick could say to Constantine, [Suacui∣que Prudentia Deu•…•… est] may we say of every mans conscience thus rectified. If therefore they will still turn in their circle, and say, God concurs to no evill, we say nothing is so evill, but that it becomes good, it God command it; and that this is not so naturally evill, that it requires a speciall commission from God•…•…; but as it be∣comes good, if he commands it, so it becomes indifferent, if he remove the reasons with which the precept against it was conditioned. If they returne to S. Augustins two reasons against Dona∣tus, whereof the first was, [we have authority to save thy body against thy will,] And the second, [None of the faithfull ever did this act] we are thereby hastned to the other consideration, how they which have done it, have been esteemed of by the Catholique Church.
But to speake a little in passing of Saint Au∣gustines second reason, (for the first hath very lit∣tle force, since though it may be lawfull to pre∣serve a man willing to die, yet it is not alwaies of merit, nor obligatory; And therefore k Ig∣natius doth so earnestly dehort the Rom•…•…ns from endeavouring to succour him. And l Corona
Civica which was given to any which had rescu∣ed a Citizen in the warres, was not given though he produced witnesses of the fact, except the person so rescued confessed that he received a benefit thereby;) why doth S. Augustine referre Donatus in that second reason, to examples. For if Donatus had produced any (as out of credible and authentique History he might very many, and out of Scriptures Canonick in m St. Augu∣stines opinion, he might have alledged the exam∣ple Eleazar, and of Rasis,) Saint Augustine was ever provided for this retrait, That it was a spe∣ciall inspiration, and not to be drawn into con∣sequence or imitation.
Had it been a good Argument in Rome for 500. yeeres, that Divorce was not lawfull, be∣cause n no example was of it? Or almost for 2000. That a woman might not sue it against her Husband, because o till Herods daughter there was no example of it? But now when the Church hath thus long persevered, in not only justifying but solemnizing many examples here∣of, are not Saint Augustines Disciples guilty of the same pertinacy which is imputed to Aristotles followers, p who defending the Heavens to be inalterable, because in so many ages nothing had been observed to have been altered, his Schol∣lers stubbornly maintain his Proposition still, though by many experiences of new Stars, the reason which moved Aristotle seems now to be utterly defeated?
Thus much being spoken by the way of Saint Augustine, and having purposely sepos'd the ex∣amples recorded in the Scriptures, for our third part, we will consider some Examples registred in the Ecclesiastick History.
The Church whose dignity and constancy it becomes well, that that Rule of her owne Law, be ever justly said of her self, q [Quod s•…•…mel placuit amplius displicere non potest] where new reasons do not interpose, r celebrates upon the 9. of February the Birth, (that is the death, of the Virgin and Martyr Appollonia; who, after the persecutors had beat out her teeth, and vexed her with many other tortures, when she was presen∣ted to the fire, being inflamed with a more bur∣ning fire of the Holy Ghost, broke from the Of∣ficers hands, and leapt into the fire.
For this act of hers many Advocates rise up for her, and say, that either the History is not cer∣tain, (yet the Authors are Beda, Usuardus, Ado, and (as Barronius sayes) Latinorum caeteri) Or else, s says Sayr, you must answer that she was brought very neer the fire, and as good as thrown in: Or else that she was provoked to it by divine in∣spiration. But, but that another divine inspi∣ration, which is true Charity, moved the behol∣ders then to beleeve, and the Church ever since to acknowledge, that she did therein a Noble and Christian act, to the speciall glory of God, this act of hers, as well as any other, might have been calumniated to have been done, out of wea∣rinesse
of life, or fear of relapse, or hast to Hea∣ven, or ambition of Martyrdome.
The memory of t Pelagia, as of a virgin and Martyr, is celebrated the ninth of June. And though the History of this woman suffer some perplexity, and giue occasion of doubting the truth thereof, (for Ambrose says, That she and her Mother drownd themselves; and Chrysostome that they slung themselves downe from a house top. And Baronius saw this knot to be so hard to un∣entangle, that he says, [Quid ad hac dicamus, non habemus]) yet the Church, as I said, celebrates the Act, as though it were glad to take any occa∣sion, of approving such a courage in such a cause, which was but preservation of Chastity. [u Their Martyrdome saith Saint Augustine was ever in the Catholique Church frequented Veneratione Celeberrima.]
And x Saint Ambrose, when his sister Mar∣cellina, consulted him directly upon the point, what might be thought of them who kill them∣selves in such cases, (and then it is agreed by all that the opinions of the Fathers are especially to be valued, when they speake of a matter, not in∣cidently or casually, but directly and deliberate∣ly) answers thus, [We have an example of such a Martyrdome in Pelagia] And then he presents her in this religious meditation, [Let us die, if we may have leave, or if we be denied leave, yet let us die. God cannot be offended with this, when we use it but for a remedy;] and our faith takes a way all offence.
Here is no difficulty: for who is willing to dye, & cannot, since there are so many waies to death? I will not trust my hand least it strike not home: nor my breast, least it withdraw it selfe: I will leave no escape to my flesh, for we can dve with our own weapons, and without the benefit of an Executioner.
And then having drest her selfe as a Bride, and going to the water, Here, sayes she, let us be baptized; this is the Baptisme where sinnes are forgiven, and where a kingdome is purcha∣sed: and this is the baptisme after which none sinnes. This water regenerates; this makes us virgines, this opens heaven, defends the fee∣ble, delivers from death, and makes us Mar∣tyrs. Onely we pray to God, that this water scatter us not, but reserve us to one funerall. Then entred they as in a dance, hand in hand, where the torrent was deepest, and most violent. And thus dyed, (as their mother upon the bank called them) [These Prelates of virginitie, Cap∣taines of Chastitie, and companions in Martyrdome.]
And before Ambrose, we finde y Eusebius to have been of the same perswasion, who thus produces the Mother encouraging them; [You know how I have brought you up, in the feare of God; and shall your nakednesse, which the publike ayre hath not ha•…•… leave to see, now be prostituted in the Stewes? Have not so little faith in God, as to feare death, Despise not Chastity so much, as to live with shame; but with a pure and chaste death condemne this world.
And so, deluding their Keepers, as though they with∣drew for naturall necessities, they drowned them∣selves.] All Authors of that time are so pro∣fuse in the praise of this fact, that it is just to say thereof, as z Pliny sayes of Nervaes a∣dopting Trajane, [It was impossible it should have pleased all when it was done, except it had pleased all before it was done.]
For no Author, that I have lighted upon, diminished the glory of these and such other, untill Saint Augustine out of his most zealous and startling tendernesse of conscience, began to seeke out some waies, how these Selfe-homicides might be justified, because he doubted that this act naturally was not exempt from taxation. And yet ever hee brings himselfe to such per∣plexitie, as either he must defend it, and call in question, the authority of a generall consonance of all times and Authors, or retire to that poore and improbable defence, that it was done by Divine instinct. Which can very hardly be admitted in this case, where not their Religion but onely their Chastitie was solicited and at∣tempted.
Nor can Saint Ambrose, or Eusebius be drawn to that opinion of especiall Divine instinct, be∣cause speaking ex animo, though in the mothers person, they incite them to it with reasons from Morrall vertues.
Yet Saint Augustines example, (as it prevailes very much, and very justly for the most part)
hath drawne many others since to the like in∣terpretation of the like acts. For when the king∣dome of Naples came to bee devided betweene Ferdinand the fifth, and Lewis the twelfth, the French Army being admitted into Capua, upon condition to do no violence, amongst many out∣rages, a virgin not able to escap the fury of a licen∣tious Souldier, offered for ransome to lead him to treasure: and so tooke advantage of a place in the wall, to fling her selfe into the River. [Which act, a sayes Pedraça, we must beleeve to be done by Divine inspiration, because God loves cha∣stity now as well as ever he did.] Which escape every side may finde easie, if being pressed with reason they may say, as Peter Martyr doth of the Egyptian Midwives, and of Rahab, and such, b [If they did lye, they did it, impulsu Dei.]
But as our custome hitherto hath been, let us depart from Examples to Rules; though concurrence of Examples, and either an expresse or interpretative approbation of them, much more such a dignifying of them, as this, of the whole Church, and of Catholike Authors ap∣proved by that Church, bee equivalent to a Rule. And to ease the Reader, and to continue my first resolution of not descending into many particulars, I will onely present one Rule, but so pregnant, that from it many may be derived; by which, not onely a man may, but must doe the whole and intire action of killing himselfe; which is, to preserve the scale of Confession.
For though c the Rule in generall bee, [That if a Spider fall into the Chalice, the Wine may be changed, because, Nihil abominabile de∣bet sumi occasione hujus Sacramenti.] And so d it may, if the Priest after Consecration come to the knowledge that the Wine is poysoned, [Ne calix vitae vertatur in mortem;] Yet e if hee know this by Confession, from his assistant, or any other, and cannot by any diversion, nor disguise, escape the discovering, that this was confessed to him, without drinking it, if it bee poyson, he m•…•…st drinke it.
But because men of more abundant reading, active discourse, and conclusive judgement, will easily provide themselves of more Reasons and Examples, to this purpose; it shall satisfie me, to have awakened them thus much, and shewed them a marke to direct their Meditations upon. And so I may proceed to the third Part, which is of the Law of God.
1. That the law of reason, is, conclusi∣ons drawne from pri∣mary rea∣son by dis∣course.
2. How much strength, Rea∣sons deduced have.
1. Of this sort of Reasons, generall lawes have the grea∣test authority.
2. For that is of there es∣sence that they agree with law of Nature.
3. And there is better testi∣mony of their producing, then of private mens opinions
Dig. l. 1. tit. 3. le. 1. lex est.
1. Of lawes, the Imperiall law ought first to be conside∣red.
Dig. l. 1. T. 1. le. 9. omnes.
2 The reason of that law is not abolished, but our de∣pendency up∣on it.
3 Why this is called civill Law.
4 Of the vast∣nes of the books from whence it is concocted, and and of the ex∣tent thereof.
Iustinian. ep. ad Trebonian.
Iustinian cpi. ad DD. de Jur. docend. arte.
Wind. Theo∣log. Iur.
5 Nothing in this law against our case.
6. Of the law of Adrian.
Dig. lib. 48. tit. 19. le. 38. Si quis aliquid. § Qui miles.
Dig. lib. 49. tit. 10. le. 6. Omne deli∣ctum.
Dig. l. 48. tit. 21. le. 3. Qui rei.
7 Of the other law for guilty men.
1 Of the Ca∣non Law.
2 The largnes of the subject, and object thereof.
3 Of Codex Canonum; or the body of the llaw, in use in the primi∣tive Church.
Dist. 10. certum est.
Dist. 10. vestr•…•….
4 Of the Ad∣ditions to this Codex.
5 Canon law apter to con∣demne then Civill, and why.
Paleotus de nothis c. 19.
1 That this proposition is not hereticall.
Simancha Enchirid. Iud: tit. 24. nu. 2.
2 A large de∣finition of he∣resie.
3 No defini∣tion of the Church in the point.
4 Nor Canon
5 Nor Bull.
6 Of the co∣mon opinion of Fathers, how it varies in times and places.
Moral. Instit. to. 1. l. 2. c. 13.
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 Cano∣nists will stand.
Auto. Augu∣stin. l. de •…•…men∣dat. Gratian. l. 1. dial. 1. de titulo.
Idem dial. 4.
9 A Cathol. Bishops cen∣sure of Grati∣ans Decret.
Idem dial. 3.
De libris ju∣ris Canon. c. 2.
1 What any Councels have done in this point.
23. q. 5. placuit.
Concll. Anti∣sidor. sub Greg. 1. An. 590.
Canon. 17.
3 The Coun∣cel of Antisid. onely refused their oblations
3 This was but a Dioce∣san Councell.
Notae Binnij in Conc. Antis. To. 2. fo. 955.
23. q. 5. pla∣cuit.
4 The Braccar Councel in∣flicts two punishments.
24. q. 2. Sane quid.
5 The first, not praying for them, is of them who did it when they were ex∣communicate.
Decret. l. 5. tit. 13. de tor∣neamentis.
6 The second, which is deni∣all of buriall, is not alwayes inflicted for offences; as appears in an interdict lo∣call.
13. q. 2. anim.
Li. 3. tit. 7. de sepulchris. Eos qui.
Sylv. ad leg. Reg. c. 11.
P. Manut. de leg. Rom.
7 Romans bu∣ried such of∣fenders as had satisfied the Law within the towne, as Vestals, and Empe∣rors.
1 Of the laws of particular Nations.
2 Of our law of Felo de se. Br act. f. 150.
〈…〉〈…〉
•…•…lowd. Com. Hales his case.
3. That this is murder in our law; And the reasons which entitle the King.
4 Our natu∣rall desire to such dying, probably in∣duced this law.
Bodin Rep. l. 1. c. 2. & l. 6. c. 1.
5 As in States abounding with slaves, the Law-ma∣kers quenched this desire.
l. 33. c. 10.
Scbast. Med. de Venat. Pisca. et aucup. q. 41.
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.
Pruckinan. de Venat. Pisc. & Aucup. c. 4.
Pompon. de Incantat. c. 10.
7 And as se∣vere lawes a∣gainst stealing
B. Dorotheus doct. 11.
Binnius to. 3. par. 2. f. 1476. An. 1237.
8 When a man is bound to steale.
14. Dist. 15. q. 3.
9 Scotus opi∣nion of day theeves.
Exod. 22. 3.
Tholosa. Syn. l. 36. c. 22. nu. 13. ex Buteler. in summa ru∣rall.
10 Of such a law in Flaun∣ders.
1 Severe lawes are arguments of the peoples inclination, not of the hai∣nousnesse of the fault.
Epist. ad Philip.
2 Sunday fast extremly con∣demned there∣upon.
3 So Duells in France.
4 So Bull-bai∣tings in Spain.
Navar. Manu. li. 15. nu. 18.
5 Gentle laws diminish not the nature of rape, nor witchcraft.
Cap. 67.
H•…•…de his qui not. infam. l. 2. §. 1. 〈◊〉〈◊〉. 2.
6 Publique benefit is the rule of exten∣ding or re∣straining all lawes by Bar∣tel.
7 If other Nations con∣cur in like lawes, it shews their inclina∣tion to be ge∣nerall.
1 The custom of the Iewes, and the law of the Athenians evict nothing.
De bello Jud. l. 3. c. 13.
Buxdor. Syn. Iudais c. 34.
Pliny. li. 36. cap. 13.
1 The reason drawne from remedies a∣gainst it, proves no more.
A. Gellius li. 15. c. 10.
1. Of reasons used by parti∣cular men, be∣ing Divines.
23. q. 5. Du∣plicet.
1. Of S. Au∣gustine and his Argument.
2. Of St. Aug. comparatively with other Fa∣thers.
3. Comparison of Navar and Sotus.
4 Jesuists of∣ten beholden to Calvin for expositions.
5. In this place we differ not from St. Aug.
22. q. 5. S•…•… non.
6. Nor in the second.
7. That then may be Causa puniendi sinc culp•…•….
Reg. sur. 6.
8. As Valens missed Theodo∣sius; So did Augustine pre∣termit the right cause.
9 Of Cordu∣bensis rule, how we must do in perplexi∣ties;
A•…•…t. Cordub. de simonia q. 27. Editione. Hispani.
10 How tem∣porall reward may be taken for spirituall office.
Hesychius vitae philosophorum.
11. Of Pinda∣rus death praying for he knew not what.
Vb•…•… supra.
2 In our place we de∣part from St. Aug. upon the same rea∣son as the Je∣suit Thyraeus doth.
Thyrae. Jesui. de Daemoniacis c. 31. 〈◊〉〈◊〉. 428.
23. q. 5. Non est,
1 The place out of S. Hi•…•…∣rome cited by Gratian.
Gloss. in lo∣cum supra.
Idiotae Con∣templatio de morte.
1. Lavater con∣fesses Aug. Hie•…•… Cry•…•… and Lactan•…•… to be of this opini∣on.
Lavater in 1 Sam. Ca•…•…lti.
1 Of P. Mar. reason Mors malum.
Stromat. l. 4.
2 Clement. hath long since destroyed that opinion.
3 Of Malum 〈◊〉〈◊〉.
Aqui. 1. q. 48. ar. 6. C•…•…n.
Jo. 9. 3.
4 Possessed men are not alwaies so af∣flicted for sin.
Thyraeus de Daemon. c. 31.
Aqui. 1. q. 48. ar. 6. Con.
5 Damnati∣on 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.
Aug. de. bono Conjug•…•….
Paulin. Se∣vero esist. 1.
7 How Paul calls Death Gods enemy.
1 Cor. 15. 20.
Marlorat. in bunc locum.
Calvin in hunc locum.
8 Death since Christ is not so evill as be∣fore.
1 Of Martyrs reason, Vita donum.
1 Of Lavaters reason of Ju∣dges.
2 Where con∣fession is not in use, there is no exterior Judge of se∣cret sinne.
Humfred. Iesui. pa. 2. ad Ratio. 3. Cam.
3 Of the Popes juris∣diction over himselfe.
C•…•…d. l. 3. tit. 5. le. Generati.
4 Of such ju∣risdiction in other persons by civll lawes.
Bald. F le. 5. de. j•…•…diciis.
Filesacus de Episc. autorit. Ca. 1. 〈◊〉〈◊〉. 17.
Dig. l. 1. ti•…•…. 7. le. 3. si Cons.
5 Ioh. 22. ele∣cted hi•…•…selfe Pope.
Uol•…•…. 2. Ge∣nera. 44.
6. Jurisdicti∣on over our selves •…•…s deny∣ed us, because we are presu∣med favoura∣ble to our selves; Not in cases hurt∣full to our selves.
Heurnius de Philos. Barbar.
7. Even in ca∣ses hurtfull, we have such ju∣risdiction.
Theod. a Ni∣ce. l. 3. c. 3. & 23.
8. Gregories oath in the great Scisme.
Schlusselbur∣gius. Catul. He∣re•…•…ico, l. 13.
9. When a man becomes to be sui juris.
10. Warre is just betweene Soveraigne Kings, because they have no Judge.
Accacius de privileg. juris. l. 1. cap. 7.
11. Princes give not them∣selves priviled∣ges, but de∣clare that in that case they will exercise their inherent priviledge.
Josephus Rea∣son of Deposi tum.
De bell. Iud. l. 3. ca. 13.
Regula juris 4.
Arist. Probl. Sect. 29. q. 2.
2. In these ca∣ses a deposita∣rie cannot bee accused De cul∣pa, if he be si∣ne Dolo.
3. A secret re∣ceived, Data fide, is in Na∣tura depositi.
Tholos. Syn∣tag. l 23. ca. 3. Nu. 17.
Soto de Teg. Secr. membr. 1. q. 1.
1. Of simili∣tudinary Rea∣sons in Au∣thors not Di∣vine.
De Bello Iu∣da. l. 3. ca. 14.
1. Of his rea∣son of Hoslis.
lib. 7. c. 28.
1. Of his rea∣son of Servus.
Bosquier. Conc. 7.
Of his reason of a Pilot.
1. Of Aquin. two reasons, from Justice and Charity.
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 ser∣vant, but am his servant herein.
Sayr. Thesau. Cas. Consc. l 7. ca. 9. Nu. 19.
6. Though we have not Do∣minium, 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.
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 law∣full.
9. And the State might recompence her domage upon the goods, or h•…•…i. e
10. In a man necess•…•…y there may be some injustice in this act.
22. q. 59. ar. 4. ad 3•…•….
11. No man can doe inju∣rie to himselfe.
12. The que∣stion, whether it be against Charity, 〈◊〉〈◊〉∣ted to the third part.
Of Aristotles two reasons. Of Misery, & Pusilanimity.
Arist. Eth. l. 3. c. 6.
Cap. 7.
Infra fol. 249.
1. Of Reasons to be made on the other part.
2. Of the Law of Rome, of asking the S•…•…∣nate leave to kill himselfe.
Decl•…•…m. 4.
3. Of the case in Quintilian.
1. Compari∣son of Deser∣tion and De∣struction.
2. Of Omissi∣ons equall to Committings.
In admonito∣rio.
Dist. 86. pas∣ce•…•….
Tabula Pa∣ris. censuraru•…•….
1. In great sinnes, the first step imprints a guiltinesse, yet many steps to Self-homi∣cide are law∣full.
Stanf. Plees de Cor•…•…n. cap. Petie treason.
Elian. l. 8. cap. 10.
2. Dra•…•…s laws against Homi∣cide were re∣tained.
Precepto 5. 3. Tolets five Homicides.
4. Foure of th•…•…se were to be found in A∣dams first Ho∣micide in Pa∣radise.
Reuchlin. de verbo Mirisico. lib. 2. cap. 14.
1. Of Tolets first & second way by Pre∣cept, and Ad∣vi•…•…e, or option.
Bartol. le. Non solum. F. de injuriis,. Si mandato.
Reg. Jur. 3.
2. We may wish Malum poenae to our selves, as the Eremite did to be possessed.
Sulpit. in vita Martini. Dialo. 1.
3. Wee may wish death for wearinesse of this life.
Martialis ad Tholosanos.
Coment. in Sam. l. 1. c. vlt.
Heptap. Pici. l. 7. Proem.
4. It is sin to wish that evill were not so, that then wee might wish it.
Adrian. quod∣lib. 10. ar. 2.
5. What wee may lawfully with, we may lawfully fur∣ther.
6. Of wishing the Princes death.
Saxavia de Imp. Author. Epistola.
7. In some o∣pinions, false Religiō makes a Tirant.
Lib. 2. ca. 36.
8. Why an oth of fidelity to the Pope binds no man.
Declaration & Protestati∣on des Doctes de France. Anno 1605.
9. Who is a Tyrant in these mens o∣pinions.
Beccar. cont. lib. De. jure Magistrat.
Carbo. Cas. Conc. Summa Summarum. Tom. 3. lib. 3. cap. 9.
Sylvest. verb. Martyr.
Navar. Ma∣nual. Ca. 15. Nu. 11.
Phil. 1. 23.
10 How death may be wished by Calvine.
In 2 Cor. 5. 1 Marlorate.
Supra.
9 Eman. Sâ Aphor. Confes. ver. Charitas.
11 How we may with death to ano∣ther for our owne advan∣tage.
12 Ph. Nerius consented to the death of one who wi∣shed his own death.
Vita Phil. Ner. fol. 284.
Liber Con∣formi. Fran. & Christi.
Sedulius Mi∣nor. advers. Al∣cor. 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 De∣sertions of our selves.
Soto. de teg. saeret. membr. 1. q. 3.
Nava. Ma∣nual.
Sum. Maldo. q. 14. ar. 6.
Acacius de privilegiis l. 1. cap. 9.
Gerson.
Acacius de privile. l. 1. c. 8.
4 I may suffer a thiefe to kill me.
Sayr Thesau. Cas. Cons. l. 7. cap. 9. nu. 17.
Alcor. Azo∣ar. 52.
5 Of se desen∣dendo in our law.
6 I am not bound to es∣cape from pri∣son if I can, nor to eate rather then starve.
Eman. Sa. Aphor. Conses. ver. Charitas.
Aquin. 22. q. 69. ar. 4. ad 2.
Sayr Thesau. Cas. Cons. l. 7. cap. 9.
7 For ends bet∣ter then this life, we may neglect this.
8 I may give my life for an∣other.
Chris. Hom. 32. in Genes.
Aug. l. 22. adver. faustum. cap. 33.
9 Chrisostomes opinion of Sa∣rahs ly, and Adultery. And St. Aug. of that wife who prostitu∣ted her selfe to pay her hus∣bands debt.
Ca. 27. & primo: Deserm. Dom. in monte.
Bonavent. 3. Dist. 29. q. 3.
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 spiri∣tuall good is without que∣stion.
Sayr Thesau. Cas. Cons. l. 7. c. 9. nu. 17.
Eman Sa. Aphor. Con∣verbo Charit.
Idem verbo Ho.
12 I may give another that without which I cannot live.
Aquin. 22. q. 32. ar. 6.
Sotus.
13 I may o∣ver-fast my selfe.
De Consecr. Dist. 5. Non Mediocriter
Navar ex Dist. 5. de cons. This in Saint Hieroms opi∣nion is Self∣homicide.
Soto de teg∣secret mem. 1. q. 3. ex Hieron
Cas. Collati∣one 2. c. 6.
15 Of the Friar whom Cassianus calls a Selfe-Homi∣cide for refu∣sing bread from a theefe, upon a vow. Of Christs fast.
Bosquier Cove. 17.
c Idem Cove. 18.
16 Of Philo∣sophers inor∣dinate fasts.
Porphir. de Abstiu. Anti.
Idem de oc∣casionibus.
Supra.
17 Of the de∣vills threat∣ning S. Francis for fasting.
Cap. de Au∣steritate.
8 Examples of long fasts.
Middendor. de Academiis fol. 298.
Lilius Gyr. Dialog. 17.
19 Reasons, effects, and obligations, to rigorous fasts.
Sayr Tbesaur. Cas. Cons. l. 3. cap. 7. 11. 13.
Azor. Mor. Inst. pa. 1. l. 7. cap. 3•…•….
Bosqui. Coue. 17.
Hier. Epist. ad Marcell.
Mat. 3. 4.
Greg. Naz. Oratio, de Cu∣ra pauperum.
Clem. Alex. l. 2. Paedag. c 1.
Procop. Gaz. l. 1. de aedificiis Iustiniani.
Sayr. Thesau. Cas. Cons. l. 7. c. 9. N. 30.
Clem. Apo∣stol. Constit. l. 4. cap. 7.
Ibid. cap. 9.
20 Corollary of this Section of Desertion.
Mariana de Rege, l. x. cap. 7.
1. Of another degree of Ho∣micide, by Mu∣tilation, which is not in Tolets Division.
2 Of delive∣ring ones selfe into bondage.
Baron. Mar∣tirol, Junii 2.
Tabula Paris. irregularit.
Binius To. 2. pa. 2. fo. 1280.
3 By divers Canons it is all one fault.
Can. Apost. Can. 21.
Stanf. Plees del Coron.
Canon. 23.
Canon. 23.
Calv. in Mat. 19. 4. Marlo∣rate.
4 Of Calvins argument a∣gainst divorce, upon the ground of Mutilation.
5 The exam∣ple of Saint Mark to escape Priesthood.
Hicr. Prolog. in Marcum.
Mat. 19. 12.
Orat. vero Anto. & com∣modo Philoso∣phis.
Sayr Thes. Cas. Cons. l. 7. cap. 9.
6 In what ca∣ses it is cleare that a man may mayme himselfe.
1 Of Tolets fourth way, by actual helping
Ardoinus de venenis l. 8. c. 20 Ardonius ree∣kóns a Flea a∣mongst poy∣sons because it would kill.
2 Sam. 1. 16.
2 David con∣demned the Amalekite, who said, he helped Saul to dye.
Mariana de Rege. l. 1. c. 7.
3 Marianaes opinion, that a King drink∣ing poyson, prepared and ministred by another, he be∣ing ignorant, is a Selfe-ho∣micide.
Sotus de teg. Secret. Memb. 1. q. 〈◊〉〈◊〉
Sansovin. de Gover.
4 A Malefa∣ctor unaccu∣sed, may ac∣cuse himselfe.
5 Of Sanso∣vinus relation of our cu∣stomes at Ex∣ecutions, and withdrawing the pillow in desperate cases.
6 Of breaking leggs of men at executions: And of brea∣kinge the hal∣ter.
Iohn 19.
Lucas de∣penna l. 1. c. de descr. et occult. Iohan. de Ant. Soliloq. 5. Optine. in D: leg. Imperium.
Num: 5.
7 Of the pur∣gations assig∣ned by Moses •…•…n cases of jea∣lousie.
Of formes of purgation cal∣led Vulgares.
2. q. 5. con∣suluisti.
Tholos. Syn. l: 48: c: 15. n: 7.
Greg. Turo. Hist. Fraucor. l: 2: c: 〈◊〉〈◊〉:
9 Charlemaine brought in a new purgati∣on. And Bri∣tius a B. ano∣ther being ac∣quitted before
Lamb. de legibus priscis Anglorum.
10 With us bothkindes of Ordalium, by water, and fire lasted till K. Iohns time.
11 In al these, and in battaile the party him∣self assisted to his payne.
12 Three ex∣amples of a∣ctuall helpers to their owne destruction in S. Doroth.
B: Doroth. doctrinâ 1. de Renunciatione.
Idem Doct: 7. de accus. sili ipsius.
Supplement: Chron. an. Chr. 3.
13. Of •…•…oseph of Arimathaea his drinkinge poyson.
Navar man. ca: 1. n. 28.
14. Of Saint Andrew and Saint Lawr.
Controv. 3.
15. Casuists not clear whe∣ther a con∣demned man may doe the last act to his death.
Relect. de Homicid: n: 30: in refp. ad 8.
16. But unto Curates and Priests some∣times it is sub praecepto, even without con∣demnation.
Sayr Sum: Sacram. poenit: cap 32.
De teg. Sec. memb. 3. q. 4.
1. Of Tolets last Species of Homicide which is the act it selfe.
2. How farre an erring con∣science may justifie.
Diog. Laert. lib. 8.
3 Pythagoras conscience.
Azor. Inst. Mor p. 1. l. 2. cap. 8.
Epist. 3. Sever. lib. 1.
Cassia•…•…. Col∣lat. 2. cap. 5.
4 Of the ap∣parition to Hero an Ere∣mit by which he killed him∣selfe; out of Cassianus.
Nazarius constantio.
5 The Devill sometimes sol∣licites to good.
Wier. l. 5. c. 1•…•….
Vasq. de ado∣rat. l. 3 disp. 1. cap. 5.
6 By Vasquez it is not Ido∣latry to wor∣ship God in the Divell.
7 Rules to di∣stinguish the spirits by marks are false.
Binsfeld. de confes. sagarum, f. 67. Menghi fustis Daemonum, cap. 8.
8 So is the Rule, That good Angels alwaies move to good ordi∣narily.
9. As in ado∣ration, so in this case, in∣vincible igno∣rance may ex∣cuse.
Inc. Constan
Supra.
10. Of Saint Aug. his first reason to Do∣natus, that we may save one against his will.
Ignatius ep: ad Romanos.
Ant. August. Episc. Tarrac: de leg. Roman. cap. 44.
11. Of his se∣cond of exam∣ples: and of his escape if Donatus had produced ex∣amples.
De civitate Dei l. 18. cap. 38. et lib. 2. cont. Gaudent. cap. 23.
12 Divorce in Rome, and in Jurie long without exam∣ple.
A: Gellius l: 4. cap. 3.
Serarius de Rabbin. et He∣rodibus cap. 17.
13. S. August. schollers in this point of examples, as stubborne as Aristotles, for the heavens inalterablnes, though the reason of both be ceased.
Kepplerus de Stella Serpent. cap. 23.
Sextus Reg. Iur: quod se∣mel.
Baron. Mar∣tyrolog.
14. Of the Martyr Apol∣lonia.
15 Of an∣swers in her excuse.
Sayr. Thesaur. Cas. Cons. l. 9. c. 7. num. 11.
Baron. Mart.
16. Of the Martyr Pela∣gia.
17. Though her History be very uncertain the Church seems glad of occasion to ce∣lebrate so no∣ble a fact.
18. Augustins testimonie of her.
August. de Civitate Dei l. 1. cap. 26.
De Virg. l. 3.
19 Ambrose meditation upon her.
29. Eusebius his Oration i∣magind in the person of her mother.
Eusebius Eccles. Histor: l. 8. cap. 4.
Plin. paneg. Trajan.
21. S. August. first of any doubted their fact, and did seeke shifts to defend it which it needed not.
22. S. August. example hath drawne Pedra∣ca to the same shift, of special divine Instinct in a like case.
Pedraca Cas. de consc. 5. praec. Hispanica Editio.
23. So says P. Martyr of the Midwiues and of Rahabs lye.
In Jud 3.
Io: de Lap. Cas. Missales c. 6: art. 5.
24. To pre∣serue the seale of confession a man may be bound to kill himselfe.
Ibid.
Sotus de teg. secret. memb: 3. q: 4.