——————————————————————
—————————————————————— ΒΙΑΘΑΝΑΤΟΣ.
A
DECLARATION
OF THAT
PARADOXE,
OR
THESIS,
That Self-homicide is not so naturally Sin,
that it may never be otherwise.
Wherein
The Nature, and the extent of all those Lawes,
which seeme to be violated by this Act,
are diligently surveyed.
Written by John Donne, who afterwards received Orders from the
Church of England and dyed Deane of St Pauls, London.
Jo: Saresb. de nugis Curial. Prolog.
Non omnia vera esse profiteor. Sed legentium usibus inservire.
Published by Authority.
LONDON,
Printed for Humphrey Moseley and are to be sold at his
shop at the Princes Armes in St Pauls Churchyard. 1648
——————————————————————
—————————————————————— To The
Right Honourable
The Lord
Phillip Harbert. My Lord,
ALthoughAlthough I have
not exactly obey-
ed your com-
mands, yet, I hope,
I have exceeded
them, by presen-
ting to your Honor, this Trea-
¶3 tise,
—————————————————————— The Epistle
tise, which is, so much the better,
by being none of mine owne, and
may therefore peradventure, de-
serve to live, for facilitating the
Issues of Death. It was writ, long since, by
my Father, and by him, forbid
both the Presse, and the Fire; nei-
ther had I subjected it now, to
the publique view, but that, I
could finde no certaine way
to defend it from the one, but by
committing it to the other; For,
since the beginning of this War,
my Study having been often sear-
ched, all my Books (and al-most
my braines, by their continuall
allarums) sequestred, for the use
of the Committee; two dangers appeared
—————————————————————— Dedicatory.
appeared more eminently to ho-
ver over this, being then a Ma-
nuscript; a danger of being ut-
terly lost, and a danger of being
utterly found; and fathered, by
some of those wild Atheists, who,
as if they came into the World
by conquest, owne all other
mens Wits, and are resolved to
be learned, in despite of their
Starres, that would fairely have
enclined them, to a more modest,
and honest course of life. Your Lordships Protection
will defend this Innocent from
these two Monsters, Men that
cannot write, and Men that can-
not reade, and, I am very confi
dent all those that can, will think it
—————————————————————— The Epistle, &c.
it may deserve this favour from
your Lordship; For, although
this Booke appeare under the no-
tion of a Paradox, yet, I desire
your Lordship, to looke upon
this Doctrine, as a firme and
established truth.
Da vida osar morir.
Your Lordships
most humble Servant
Io: DONNE.
From my house in
Covent-Garden. 28.
—————————————————————— Authors cited in this Booke. EZaBeza.
B. Dorothæus.
Bosquierus.
Athenagoras.
Causæus.
Trismegistus.
Theodoricus A. Niem.
Steuchius Engubi.
Ennodius.
Pererius
Zambranus
Alcoran
Corpus Iur: Canon.
Carbo, Summa Summarum
Polidorus Virgilius
Matalius Metellus, Præ
fat. in Osor. Histor.
Pierius
S. Ambrosius
Cardanus
Tholosa: Syntagm.
S. Cyprianus
Haedri: Junius
Emanuel Sâ
Nicephorus
S. Gregorius
Vasques
Clarus Bonarscius
Corpus Iur: Civil.
Binnius
Bracton
Plowden
A: Gellius
Tertullian
Climacbus
Basil
Filesacus
Campianus
S. Hieronimus
Ben: Gorion
Plinius
Paleotus de Noth.
Canones Pœnitenti:
Clemens Alex:
Sotus
Bodin (*) Sil-Syl-
——————————————————————
Sylvius
Middendorpius
Lucidus
Arpilcueta
Fabricius Hist: Cicero.
Windeckus
Lipsius
Porphyrius
Damasus
Feuardentius
Eusebius
Vincentii Speculum
Prateolus
Diodorus Siculus
Tho: Morus
Anto: Augustin.
P. Manutius
Sebast: Medices
Scotus
Calvinus
Forestus de Venen.
Serarius
Biblia Sacra
Humfredus Angl.
Mallonius in Paleotti Sin-
don.
S. Chrysostomnus
Pontius Paulinus
Aquinas
Azorius
Sayr
Elianus
Cajetanus
S. Augustinus
Artemidorus
I. Cæsar
Josephus
Vegetius
Acacius
Jo: Picus
Heurnius
Latinus Pacatus
Platina
Baronius
Ignatius
Alfon: Castro
Schultingius
Plato
Simancha
Alb. Gentilis
Pruckmannus
P. Pomponatius
Buxdorfius
Anto: de Corduba
Thyraeus
Lavater
Nauclerus
Quintilianus
Toletus
Sulpitius
Adrianus Quodlib.
Beccaria Vita
——————————————————————
Vita Phil: Nerii
Maldonatus
Bonaventura
Gregor: Nazianz.
Canones Apostolorum
Lucas de Penna
Optinellus
Laertius
Binsfeldius
Pedraça
Sextus Senensis
Paracelsus
Metaphrastes.
Surius
Gregor: de Valentia
Brentius
Theophilact
Hesichius
Marloratus
Schlusselburgius
Agapetus
Reuchlin
Martialis ad Tholo:
Saravia
Sylvester
Liber Coformitatum S.
Franc. et Christi.
Cassianus
Procop. Gazæus
Ardoinus
Greg. Turon
Supplem. Chronic.
Nazarius Paneg.
Menghi
Ioan de Lapide
Hippocrates
Bellarminus
Revelation. Brigidæ
Regul. Iesuit.
Franc. Gregorius
Oecumenius
Origenes
Alcuinus
Corn Celsus
Idiotæ Contemplatio de
morte
Baldus
Aristoteles
Stanford
Bartolus
P. Martyr
Declaration des Doctes en
France
Sedulius Minorita
Io Gerson
Lylius Geraldus
Mariana
Sansovinus
Lambert
Fra. a Victoria
Wierus (*)2 Kepplerus
——————————————————————
Keeplerus
Lyra
Burgensis
P. Lombard
Sophronius
Schultetus
Euthymius
Paterculus
Cassanæus INIn citing these authors, for those which I pro-
duce only for ornament and illustration, I have
trusted my owne old notes; which though I have
no reason to suspect, yet I confess here my la-
zines; and that I did not refresh them with go-
ing to the Originall. Of those few which I have
not seene in the bookes themselves, (for there are
some such, even of places cited for greatest
strength,) besides the integrity of my purpose, I
have this safe defence against any quarreller,
that what place soever I cite from any Catho-
lique Author, if I have not considered the Book
it selfe, I cite him from another Catholique Wri-
ter. And the like course I hold in the Reformers.
So that I shall hardly be condemned of any false
citation, except to make me Accessorie, they pro-
nounce one of their owne friends principall. A
—————————————————————— A distribution of this Book, into
Parts, Distinctions, and Sections. Preface. 1 THThe Reason of this Discourse.
2 Incitements to charity towards those which doe it.
3 Incitements to Charity towards the Author.
4 Why it is not inconvenient now to handle this.
5 Dessentious among schollars more, and harder to end
then among others.
6 In such perplexities we ought to incline to that side
which favours the dead.
7 Why I make it so publique.
8 What reader I desire to have.
9 The reasons why there are so many citations.
10 God punisheth that sin most, which occasions most sin
in others. The first part, first Distinction, first Section. 1 Why we first prove, that this sin is not irremissible. Sect. 2. 1 Three sorts of mistakers of this sin.
Sect. 3 1 That all desperation is not haynous; and that Self-
homicidedoth not alwaies proceed from desperation.
2 It may be without Infidelity. A
—————————————————————— The Contents.
3 When it is pœna peccati it is involuntarium.
4 The reason why men ordinarily aggravate desperation
5 Of the second opinion, which is of impenitiblenes.
6 Of Calvins opinion, that it may be.
7 None impeccable, nor impenitible. Sect. 4. 1 Of the third sort, which presume actuall impenitence
by reason of this Act.
2 Which is the safer side in doubtfull cases.
3 In Articulo Mortis, the Church ever interprets fa-
vourably.
4 What true repentance is by Clement.
5 Witnesses which acquit, more credited, then they which
accuse, in the Cannon Law. Sect. 5. 1 Why we wayve the Ordinary definition of Sin taken
from Saint Augustine , and follow another taken from A-
quinas.
2 Of the torturing practice of Casuists.
3 Of the eternall Law of God, in Saint Augustines
Definition, against which a man may doe without sinne.
4 Of the Definition which we follow. Sect. 6. 1 How Law of Nature, and of reason, and of God, ex-
hibited in this definition, are all one; and how diversly ac-
cepted.
2 In some cases all these three Lawes may be broken
at once. As
3 In revealing a secret.
4 In Parricide. Sect. 7 1 Of the Law of Nature, and that against it strictly
taken, either no sinne, or all sinne is done.
2 To doe against Nature makes us not guilty of a
greater sinne, but more inexcusable.
3 No action so evill, that it is never good.
—————————————————————— The Contents.
4 No evill in act, but disobedience.
5 Lying naturally worse then Selfe-homicide.
6 Fame may be neglected: yet we are as much bound to
preserve fame, as life.
7 God cannot command a sinne, yet he can command a
murther. 8 Orginall sin, cause of all sin, is from nature. Sect. 8. 1 That if our Adversaries by Law of nature mean only
sensitive Nature, they say nothing, for so most vertuous
actions are against nature. Sect. 9. 1 As the Law of nature is recta ratio, that is, Jus gen-
tium. So immolation, and Idolatry are not against law
of Nature. Sect. 10. 1 As reason is the form, and so the nature of a man, eve-
ry sinne is against nature: yea, what soever agrees not ex-
actly with Christian Religion.
2 Vertue produced to Act, differs so from Reason, as
a medicine made and applyed, from a boxe of drugs. Dist. 2. Sect. 1. 1 Sinnes against Nature in a particular sense, are by
schoolmen said to be unnatural Lusts, and This. But in
Scripture only the first is so called.
2 Of the example of the Levite in the Iudges, where the
Vulgate Edition, calls it sin against Nature.
3 S. Pauls use of that phrase Law of Nature, in long
haire. 4 Vegetius use of that phrase. Sect. 2. 1 Self preservation is not so of particular Law of Na-
ture, but that Beasts naturally transgresse it, whom it
binds more then us. And we, when the reason of it ceases
in us, may transgresse it, and sometimes must.
2 Things naturall to the Species, are not alwaies so to
the Individuall. ¶2A2 3 There-
—————————————————————— The Contents.
3 Thereupon some may retire into Solitude.
4 The first principles in Naturall law, are obligatory, but
not deductions from thence, and the lower we descend the
weaker they are.
5 Pellicans. And by S. Ambrose, Bees kill themselves.
6 The Reason of almost every law is mutable.
7 He that can declare where the reason ceases, may di-
spence with the Law.
8 In what manner dispensations worke.
9 As nothing can annull the prerogatives of Princes or
of Popes, though their own act seem to provide against
it, so no law so much destroyes mans liberty, but that
he returns to it, when the reason of that law ceases.
10 Self-preservation, which is but an appetition of that
which is good in our opinion, is not violated by Self-ho-
micide.
11 Liberty, which is naturally to be preserved, may be de-
parted withall, when our will is to-doe so. Sect. 3. 51 That cannot bee against law of nature, which men have
ever affected, if it be also (as this is) against sensitive na-
ture, and so want the allurements which other sins have.
2. There are not so many examples of all other vertues,
as are of this one degree of fortitude.
3 Of Romane Gladiators. Of their great numbers, great
persons, and women.
4 With how small persuasions Eleazar in Iosephus drew
men to it.
5 Wives in the Indies doe it yet.
6 The Samanæi Priests in the Indies, notorious for good
life and death did it.
7 Latinus Pacatus expresseth this desire pathetically.
8 By what means the Spaniards corrected this natural de-
sire in the Indies. Dist. 3. Sect. 1. 1 After civility and christianity quenched this naturall
desire, in the place thereof succeeded a thirst of Mar-
tyrdome. How
—————————————————————— The Contents.
2 How leasurely the custome of killing at funerals wore
out.
3 Philosophers saw, and Moses delivered the state of the
next life, but unperfectly,. Sect. 2. 1 That Martyrdome was by the Fathers insinuated in-
to men, for the most part by naturall Reasons, and much
upon humane respects.
2 So proceeded Clement.
3 So did Tertullian.
4 So did Cyprian.
5 Externall honouurs to Martyrs.
6 Monopoly of Martyrdome
7 Gods punishments upon their persecutors encouraged
men to it.
8 Priviledges of Martyrs extended to many.
9 Contrary Reasons cherisht this desire in them.
10 Libellatici, or compounders with the state, in Cyprian.
11 Flight in persecution condemned by Tertullian.
12 Death grew to be held necessary to make one a Martyr.
13 In times when they exceeded in indiscreet exposings of
themselvs, they taught that Martyrs might be without
death.
14 Professors in Cyprian, men who offred themselves be-
fore they were called.
15 Enforcers of their own Martyrdome.
16 Examples of inordinate affecting of Martyrdome.
17 Lawes forbidding more executions, made to despite
Christians.
18 Glory in their number of Martyrs. Sect. 3. 1 That Hereticks noting the dignity gaind by Martyr-
dome, laboured to avert them from it, but could not cor-
rect this naturall inclination.
2 They laboured the Magistrate to oppose this desire.
3 Basilides denyed Christ to have been crucified; and that
—————————————————————— The Contents.
that therefore they dyed madly.
4 Helchesar, that outward profession of Religion was
not needfull; much lesse Martyrdome.
5 Which also the Gnostici taught: and why they pre-
vailed not. Sect. 4. 1 That Heretiques missing their purpose herein, tooke
the naturall way of overtaking the Orthodox in numbers
of Martyrs.
2 Petilians new way of Martyrdome.
3 Another new way of the Circumcelliones, or Cir-
cuitores.
4 The Cataphrygæ exceed in number.
5 The Euphemitæ for their numbers of Martyrs cal-
led Martyrians. Sect. 5. 1 Hereupon Councels tooke it into their care to distin-
guish Martyrs, from those who dyed for naturall and hu-
mane respects. Sect. 6. 1 Therefore later Authors doe somewhat remit the
dignity of Martyrdome.
2 The Jesuits still professe an enormous love to such
death. Distinction 4. Sect. 1. 1 Lawes and Customes of well pollished Estates ha-
ving admitted it, it were rash to say it to be against
Law of Nature.
2 True and Ideated Common-wealthes have allowed it.
3. 4. Athenians, Romans.
5 Of Depontani.
6 Ethiopians.
7 All Lawes presume this desire in men condemned.
8 In Utopia authorized.
9 And by Plato in certaine cases.
10 Conclusion of the first Part. The
—————————————————————— The Contents. The Second Part of the Law of Reason. Distinct. 1. Sect. 1.
1 That the Law of Reason is, Conclusions drawn from
primary Reason or light of Nature, by discourse.
2 How much strength such deduced reasons have. Sect. 2. 1 Of this kind of reasons, generall Lawes have greatest
authoritie.
2 For it is of their essence that they agree with the
Law of Nature.
3 And there is better testimony of their producing, then
of particular mens opinions. Sect. 3. 1 Of Lawes, the Emperiall Law ought first to be con-
sidered.
2 The reason of that Law is not abolished; but the
confession of our dependencie upon it.
3 Why it is called Civill Law.
4 Of the vastnes of the books from whence it is conco-
cted, and of the large extent thereof.
5 That yet in this so large Law there is nothing against
our case.
6 Of the Law of Adrian concerning this in Souldiers.
7 Of the other. Law concerning this in offendors alrea-
dy accused. Dist. 2. Sect. 1. 1 Of the Cannon Law.
2 The largenes of the subject, and object thereof.
3 Of Codex Canonum, or the body of the Canon Law,
in use in the primitive Church.
Of the Additions to this Code since.
4 Canon Law apter to condemn then the Civil, and why. Sect. 2. 1 That this proposition is not hæreticall by the Canon
Law. 2 Simancha
—————————————————————— The Contents.
2 Simancha his large Definition of Hæresy.
3 No decision of the church in the point.
4 Nor Canon nor Bull.
5 Of the common opinion of Fathers, and that that va-
ries by times, and by places by Azorius.
7 Gratian cites but two Fathers, whereof one is on our
side.
8 That that part of Canon Law, to which Canonists
will stand, condemns not this.
9 A Catholique Bps censure of Gratian, and his decret. Sect. 3. 1 What any Councells have done in this point.
2 Of the Councell of Antisidore under Greg. 1. 590.
3 That it only refusdrefused their oblations.
4 That it was only a Diocesan Councell.
5 The Councell of Braccar. inflicts two punishments.
6 The first, of not praying for them is meant of them who
did it, when they were excommunicate.
7 The second, which is denying of buriall, is not always
inflicted as a punishment, to an offendor; as appeares in a
punishment, to an offendor; as appears in a locall interdict.
8 Romans buried such offendors as had satisfied the
law within the Towne, as they did Vestalls and Emperours. Dist. 3 Sect. 1 1 Of the Laws of particular Nations.
2 Of our Law of Felo de se.
3 That this is by our Law Murder, and what reasons
entitle the King to his good.
4 That our naturall desire to such dying, probably in-
duced this customary Law.
5 As in States abounding with slaves, Law-makers
quenched this desire, lest there should have beene no use of
them.
6 Forbid lest it should draw too many: as hunting, and
vsury: and as wine by Mahomet.
7 Upon reason of generall inclinations we have severe
Laws against theft. 8 When
—————————————————————— The Contents. 1
8 When a man is bound to steale.
9 Sotus his opinion of Day-theeues
10 Of a like law against Self-homicide in the Earl-
dome of Flaunders. Sect. 2. 1 Severe Laws are arguments of a generall inclinati-
on, not of a hainousnes in the fact.
2 Fasting upon Sundays extremely condemned upon
that reason.
3 So Duells in France.
4 So Bull-baitings in Spaine.
5 The hainousnes of Rape, or Witch-craft are not di-
minished, where the Laws against them were but easie.
6 Publike benefit is the rule of extending odious Laws,
and restraining favourable.
7 If other nations concurre in like Laws, it sheweth
the inclination to be generall. Sect. 3. 1 The Custome of the Iews not burying till Sunn-set,
and of the Athenians cutting off the dead hand evict not. Sect 4. 1 The reasons drawne from remedies, used upon some
occasions to prevent it, prove as little. Dist. 4. Sect. 1. 1 Of the reasons used by particular men, being divines.
2 Of S. Aug. and of his argument against Donatus.
3 Of S. Augustine comparatively with other Fathers.
4 Comparison of Navar and Sotus.
5 Iesuits often beholding to Calvin for his expositions.
6 In this place we differ not from S. Augustine.
7 Nor in the second cited by Gratian.
8 That there may be Causa puniendi sine culpa.
9 As Valens the Emperor did misse Theodosius, So S.
Augustine praetermitted the right case.
10 Of Cordubensis rule, how we must behave our
selves in perplexities.
11 How temporall reward may be taken for spirituall
offices. A 12 Of
—————————————————————— The Contents. 2
12 Of Pindarus death praying for he knew not what.
13 In one place we depart from S. Augustine upon the
same reason, as the Jesuite Thyræus doth depart from him
in another. Sect. 2. 1 The place cited by Gratian out of S. Hierome, is on
our side. Sect. 3. 1 Lavaters confession, that Augustine, Hierome, Chry-
sostome, Lactantius, are of this opinion.
Sect. 4. 1 Of Peter Martyrs reason, Mors malum.
2 Clement hath long since destroyed that reason.
3 Of Malum pœnæ, how farre it may bee wished, and
how farre it condemnes.
4 Possessed men are not alwaies so afflict for sinne.
5 Damnation hath not so much rationem mali, as the
least sinne.
6 If Death were of the worst sort of evill, yet there
might be good use of it, as of Concupiscence.
7 In what sense S. Paul calles Death Gods enemy.
8 Death, since Christ, is not so evill as before. Sect. 5. 1 Of Peter Martyrs reason, Vita donum Dei.
Sect. 6. 1 Of Lavaters reason of Iudges in all causes.
2 Where Confession is not in use, there is no Iudge of
secret sinne.
3 Of the Popes Iurisdiction over himselfe.
4 Of such Iurisdiction in other persons by Civil lawes.
5 Io: 22. elected himselfe Pope.
6 Iurisdiction over our selves is therefore denyed us;
7 because we are presumed favourable to our selves,
not in cases esteemed hurtfull.
8 In cases hurtfull we have such Iurisdiction.
9 Oath of Gregory in the great Schisme. 10 When
—————————————————————— The Contents. 3
10 When a man becomes to be sui Juris.
11 Warre is just betweene Soveraigne Kings, because
they have no Iudge.
12 Princes give not themselves priviledges; but de-
clare that in that case they will exercise their inherent ge-
nerall Priviledge.
Sect. 7. 1 Josephus reason of Depositum.
2 A Depositarie cannot be accused De Culpa, but De
Dolo.
3 A secret received Data fide is In natura Depositi. Sect. 8. 1 Of similitudinary reasons in Authors not Divine. Sect. 9. 1 Of Josephus his reason of Hostis. Sect. 10. 1 Of Josephus reason of Servus. Sect. 11. 1 Of Josephus reason of a Pilot. Distinct. 5. Sect. 1. 1 Of Saint Thomas two reasons from Iustice, and Cha-
ritie.
2 Of that part of injustice, which is stealing himselfe
from the State.
3 Monastike retyring is, in genere rei, the same fault.
4 The better opinion is, that there is herein no injustice.
5 Of the other Injustice, of usurping upon anothers
Servant.
6 Though we have not Dominium, we have Usum of
this life: And we may relinquish it when we will.
7 The State is not Lord of our life, yet may take it away.
8 If injustice were herein done to the State, then by a
licence from the State it may be lawfull.
9 And the State might recompence her Domage upon
the goods or Heirs of the Delinquent.
10 In a man necessary to the State, there may bee
some Injustice herein. A2 11 No
—————————————————————— The Contents. 4
11 No man can doe injurie to himselfe.
12 The question whether it be against Charity, respited
to the third part. Sect. 2. 1 Of Aristotles two reasons of Misery and Pusillani-
mitie. Distinct. 6. Sect. 1. 1 Of reasons on the other side.
2 Of the Law of Rome, of asking the Senate leave to
kill himselfe.
3 Of the case upon that Law in Quintillian.
Sect. 2. 1 Comparisons of desertion and destruction.
2 Of Omissions equall to committings. Sect. 3.
3 In great faults the first step imprints a guiltines, yet
many steps to self-homicide are allowable.
4 Dracoes lawes against homicide were retained for the
hainousnes of the fault.
5 Tolets five Species of Homicide.
6 Foure of those were to be found in Adams first Homi-
cide in Paradise.
Sect. 4. 7 Of Tolets first and second Species, by Precept, and by
Advise, or Option.
8 We may wish Malum pœnæ to our selves, as the Ere-
mite prayed to be possessed.
9 That we may wish death for wearines of this life.
10 It is sin to wish the evill were not evill, that then
we might wish it.
11 Of wishing the Princes Death.
12 In many opinions by contrary Religion, a true King
becomes a Tyrant.
13 Why an oath of fidelity to the Pope binds no man.
14 Who is a Tyrant by the declaration of the learned
men of France. 15 How
—————————————————————— The Contents. 5
15 How Death may be wished by Calvins opinion.
16 How we may wish death to another for our own ad-
vantage.
17 Phil. Nerius consented that one who wished his own
death might have his wish. Sect. 5. 1 Of Tolets third Species of Homicide, by permission,
which is Mors Negativa.
2 Of standing mute at the Barre.
3 Three Rules from Scotus, Navar, and Maldonate, to
guide us in these desertions of our selves.
4 That I may suffer a Theif to kill me, rather then kill
him.
5 Of Se defendendo in our Law.
6 That I am not bound to escape from prison if I can.
Nor to eate, rather then starve,
7 For ends better then this life we may neglect this.
8 That I may give my life for another.
9 Chrysostomes opinion of Sarahs lie, and her consent to
Adultery. And S. Augustines opinion of this, and of that
wife, who prostituted her selfe to pay her husbands debts.
10 That to give my life for another, is not to preferre
another before my selfe, as Bonaventure and August. say;
But to prefer vertue before life; which is lawfull.
11 For spirituall good it is without question.
12 That I may give another that without which I can-
not live.
13 That I may lawfully wear out my self with fasting.
14 That this in S. Hier. opinion is selfe-homicide.
15 Of the Fryer whom Cassianus calls a Self-homicide,
for refusing bread from a theife, upon an indiscreet Vow.
16 Of Christs fast.
17 Of Philosophers inordinate fasts.
18 Of the Devils threatning S. Francis, for fasting.
19 Examples of long fasts.
20 Reasons, effects, and obligations to rigorous fastings. A3 15 Corrol.Corol.
—————————————————————— The Contents. 6
Corollary of this Section of Desertion. Sect. 6.
1 Of another Species of homicide, which is not in Tolets
division by Mutilation.
2 Of Delivering ones selfe into bondage.
3. By divers Cannons homicide and mutilation is the
same fault.
4 Of Calvins argument against Divorce, upon this
ground of Mutilation.
5 The example of S. Mark, cutting off his thumbe to
escape Priesthood
6 In what cases it is clear, that a man may maim himself. Sect. 7. 1 Of Tolets fourth Species of Homicide, by actual help-
ing.
2 Ardoynus reckons a flea amongst poysons, because it
would destroy
3 David condemned the Amalekite, who said he had
helped Saul to kill himselfe.
4 Mariana the Iesuite is of opinion, that a King which
may be removed by poyson, may not be put to take it by his
owne hands though ignorantly, for he doth then kill himself.
5 That a malefactor unaccused may accuse himself.
6 Of Sansovins relation of our custome at executions,
and withdrawing the pillow in desperate cases.
7 Of breaking the leggs of men at executions, and of
breaking the halter.
8 Of the forme of purgations used by Moses Law in
cases of Iealousy.
9 Of formes of Purgation called Uulgares.
10 Charlemaine brought in a new forme of purgation.
11 And Britius a Bishop, being acquitted before, ex-
torted another purgation upon himselfe.
12 Both kindes of Ordalium, by water, and fire, in use
here, till King Johns time.
13 In all these purgations, and in that by Battaile, the
party himself assisted. 14 Exam-
—————————————————————— The Contents. 7
14 ExumplesExamples of actuall helpers to their owne destructi-
on in S. Dorothæus doctrine.
15 Of Ioseph of Arimathaea his drinking of poyson.
16 Of S. Andrew and S. Lawrence.
17 Casuists not cleere whether a condemned man may
doe the last act to his death.
18 But in cases without condemnation, it is sub præ-
cepto to Priests, Curats, to goe to infected houses.
Sect. 8. 1 Of Tolets last species of Homi-cide which is the act it
selfe.
2 How farre an erring conscience may justify this act.
3 Of Pythagoras philosophicall conscience, to dy, rather
then hurt a Beane, or suffer his schollers to speak.
4 Of the apparition to Hero a most devout Eremite, by
which he killed himself, out of Cassianus.
5 That the Devill sometime sollicites to good.
6 That by Uasques his opinion, it is not Idolatry to
worship God in the devil.
7 Rules given to distinguish evil spirits from God are
all fallible.
8 Good Angels sometimes move to that which is evill,
being ordinarily and morally accepted.
9 As in mis-adoration by Vasques, invincible ignorance
excuses, so it may in our cases.
10 Of S. Augustines first reason against Donatus, that
we may save a mans life against his will.
11 Of his second reasons, which is want of examples of
the faithfull. And of S. Augustines assured escape, if Do-
natists had produced Examples.
12 Divorce in Rome on either part, And in Jury, on the
womans part long without example.
13 Saint Augustines Schollers in this point of examples,
as stubborne as Aristotles, for the inalterablenesse of the
Heavens, though the reason of both be ceased.
14 Of the Martyr Apollonia who killed her selfe. 15 Of
—————————————————————— The Contents. 8
15 Of answers in her excuse.
16 Of the Martyr Pelagia who killed her selfe.
17 Though her History bee very uncertaine, yet the
Church seems glad of any occasion to celebrate such a fact.
18 Saint Augustines testimony of her.
19 Saint Ambroses Meditation upon her.
20 Eusebius his Oration incitatory, imagined in the
person of the Mother.
21 Saint Augustines first of any doubting of their fact,
sought such shifts to defend it, as it needed not.
22 S. Augustines example hath drawne Pedraca a Spa-
nish Casuist, and many others, to that shift of speciall Di-
vine inspiration, in such cases.
23 And so sayes Peter Martyr of the Midwives, and
of Rahabs lye.
24 To preserve the Seale of Confession, a man may in
some case be bound to doe the intire act of killing himselfe. The Third Part, which is of the Law of God. Distinct. 1 Sect. 1. 1 An introduction to the handling of these places of
Scripture.
2 Why I forbeare to name them who cite these places
of Scripture.
3 If any oppose an answer, why I intreat him to avoide
bitternes.
4 Why Clergy men, which by Canons may fish, and
hunt, yet may not hunt with dogs.
5 Of Bezas answer to Ochius Polygamy. Distinction 2. Sect. 1. 1 No place against this Self-homicide, is produced out
of the Iudiciall or Ceremoniall Law. Sect. 2 1 Of the place Gen. 9. 5. I will require your
blood.
2 We are not bound to accept the interpretation of the
Rabbins. 3 Of
—————————————————————— The Contents. 9
3 Of Lyra, and of Emmanuel Sâ, both abounding in He-
braisms, yet making no such note upon this place, Sect. 3,. 1 Of the place Deut. 33. 39. I kill, and I give
life.
2 Iurisdiction of Parents, Husbands, Masters, Ma-
gistrates, must consist with this place.
3 This place must be interpreted as the other places of
Scripture, which have the same words. And from them,
being three, no such sence can be extorted. Sect. 4. 1 Of the place Iob 7. 1. vita militia.
2 Why they cite this place according to the vulgate copy.
3 Of Soldiers priviledges of absence by Law.
4 Iobs scope is, That as warre works to peace, so heere
we labour to death.
5 Of Christs letter to King Abgarus. Sect. 5. 1 Of another place in Iob 7. 15. Anima ele-
git suspendium.
2 Why it was not lawfull to Iob to kill himself.
3 His words seeme to shew some steps toward a purpose
of Self-homicide.
4 Of Sextus Senensis, and of Gregories exposition therof
5 How I differ from the Anabaptists, who say that Iob
despaired.
6 S. Hierome, and the Trent Councell incurre this er-
rour of condemning all which a condemned man says.
7 Uery holy and learned men impute a more dangerous
despaire to Christ, then I doe to Iob. Sect. 6. 1 Of the place Io. 2. 4. Skin for Skin &c. Sect. 7. 1 Of the place Eccles. 30. 16. There is no
riches above a sound body.
2 This place is not of safety, but of health. Sect. 8. 1 Of the place Exod. 20. Thou shalt not kill.
2 S. Augustine thinks this Law to concerne ones self
more directly, then another.
3 This Law hath many exceptions.
4 Laws of the first table are strictioris vinculi, then of
the second. B 5 A
—————————————————————— The Contents. 10
5 A case wherein it is probable that a man must kill
himself, if the person be exemplar.
6 As Laws against Day-theeves may be deduced from
the Law of God authorizing Princes, So may this from the
commandement, of preferring Gods glory.
7 Whatsoever might have been done before this Law,
this Law forbids not. Sect. 9. 1 Of the place Wisd. 1. 12. Seek not death. Distinct. 3. Sect. 1. 1 Of the place Mat. 4. 6. Cast thy self downe.
2 That Christ when it conduced to his owne onds, did
as much, as the devill tempted him to, in this place. Sect. 2. 1. Of the place Acts 16. 17. Do thy self no
harme.
2 S. Paul knew Gods purpose of baptizing the Iaylour.
3 For else saith Calvin, he had frustrated Gods way of
giving him an escape by the faylours death. Sect. 3. 1 Of the place Rom. 3. 8. Do not evill for
good.
2 In what sence Paul forbids this.
3 God always inflicts malum pœnæ by instruments.
4 Induration it selfe is sometimes medicinall.
5 We may inflict upon our selves one disease, to remove
another.
6. In things evill, in that sense as S. Paul takes the
word bere, Popes daily dispence.
7 So doe the Civill Lawes.
8 So doe the Cannons.
9 So doth God occasion lesse sins to avoid greater.
10 What any other may dispence withall in us, in cases
of extremity, we may dispence with it our selves.
11 Yet no dispensation changes the nature of the thing,
and therefore that particular thing was never evill.
12 The Law it self, which measures actions, is neither
good nor evill.
13 Which Picus notes well, comparing it to the firma-
ment. 14 What
—————————————————————— The Contents. 11
14 What evill S. Paul forbids here, and why.
15 Nothing which is once evil, can ever recover of that.
16 These Acts were in Gods decree preserved from
those stains of circumstances, which make things evill: So
as Miracles were written in his book of Nature, though
not in our copy thereof; and so, as our Lady is said to be
preserved from Originall sinne.
17 Of that kind was Moses killing of the Egyptian.
18 If this place of Paul, be understood of all evill.
19 Yet it must admit exceptions, as well as the Deca-
logue it selfe.
20 Otherwise that application which Bellarmine and
others doe make of it will be intollerable. Sect. 4. 1. Of divers places which call us, Temples of God.
2 The dead are still his Temples and Images.
3 Heathen Temples might be demolished, yet the Soyle
remained Sacred.
4 S. Pauls reason holds in cases where we avile our bo-
dies, here we advance them.
5 How we must understand that our body is not our own. Sect. 5. 1. Of the place, Eph. 4. 15. One body with Christ.
2 This place gives Arguments to all which spare not
themselves for releifrelief of others, and therefore cannot serve
the contrary purpose. Sect. 6. 1. Of the place Eph. 5. No man hates his own flesh.
2 How Marlorate expounds this Hate. Distinct. 4. Sect. 1. 1 Of the places of scripture on the other part.
2 We may, but our Adversaries may not make use of
Examples. To which the answer of Martyr and Lavater is
weake
3 The Nature, Degrees, and Effects of Charity.
4 S. Augustines description of Her. Of her highest per-
fection beyond that which Lombard observed out of Aug.
5 He who loves God with all his heart, may love him
more. B2 6 Any
—————————————————————— The Contents. 12
6 Any suffering in Charity, hath infallibly the grace of
God; by Aquin. Sect. 2. 1. Of the place 1 Cor. 13. 4. Though I give my
Body.
2. By this, it was in common reputation, a high degree of
perfection to die so, and Charity made it acceptable.
3 S. Paul speaks of a thing which might lawfully be done,
for such are all his gradations in this Argument.
4 Tongues of Angels, in what sense in this place.
5 Speech in the Asse, understandings of prophesies in Iu-
das, or miraculous faith, make not the possessour the better.
6 How I differ from the Donatists, arguing from this
place, that in charity there Self-Homicides were alwayes
lawfull.
7 To give my body, is more then to let it be taken.
8 How Niccphorus the Martyr gave his Body in Sa-
pritius his roome who recanted.
9 There may be some case that a man who is bound to
give his body, cannot doe it otherwise then by self-homicide. Sect. 3. 1. Of the place Joh. 10. 11. & Joh. 15. 13. The
good Shepheard.
2 That a man is not bound to purge himself, if anothers
crime be imputed to him. Sect. 4. 1 Of the place Ioh. 13. 37. I will lay down my life.
2 Peters readines was naturall; Pauls deliboratedeliberate. Sect. 5. 1. Of the place Ioh. 10. 15. Of Christs example.
2 Why Christ spoke this in the present time.
3 Of the abundant charity of Christ.
4 Of his speech going to Emmaus.
5 Of his Apparition to S. Charles.
6 Of the Revelation to S. Brigid.
7 Of his mothers charity.
8 That none could take away Christs soule
9 His owne will the onely cause of his dying so soon by
S. Augustine.
10 And by Aquinas, because he had still all his strength. 11 And
—————————————————————— The Contents. 13
11 And by Marlorate because he bowed his head, and it
fell not, as ours do in death.
12 In what sense it is true that the Iewes put him to
Death.
13 Of Aquinas opinion, and of Silvesters opinion of A-
quinas.
14 Christ was so the cause of his death, as he is of his
wetting, which might, and doth not shut the window when
it rains.
15 Who imitated Christ in this actuall emission of the
soul.
16 Upon what Reasons this manner of dying in Christ
is called Heroique, and by like Epithets.
17 Christ is said to have done herein, as Saul, and Appol-
lonia, and such. Sect. 6. 1 Of the places Ioh. 12. 25. Luc. 14. 26. Of
Hating this life.
2. Iesuits apply particularly this Hate.
3. If the place in the Ephes. No man hateth his flesh,
be against self-homicide, this place must by the same rea-
son be for it.
4 S. Augustine denying that this place justifies the Do-
natists, excludes not all cases. Sect. 7. 1Of the place 1 Ioh. 3. 16. We ought to lay down
our lives, &c.
2 All these places direct us to doe it so, as Christ did it,
unconstrained. Sect. 8. 1. Of the place Phil. 1. 23. Cupio dissolvi.
2. Of S. Pauls gradations to this wish, and of his correcti-
ng of it. Sect. 9. 1 Of the place Gal. 4. 15. You would have pluck-
ed out your own eyes.
2 This was more then vitam profundere by Calvin. Sect. 10. 1. Of the place, Rom. 9. 3. Anathema.
2 That he wished herein Damnation
3 That he considered not his Election at that time. B3 Sect. II.
—————————————————————— The Contents. 14 Sect. 11 1 Of the place, Exod. 32. 32. Dele me de libro.
2 That this imprecation was not onely to be blotted out
of the History of the Scripture as some say.
3 It was stranger that Christ should admit that which
might seeme a slip downward, when he wisht an escape from
death, then that Moses should have such an exaltation up-
ward, as to save his Nation by perishing, yet both without
inordinatenesse.
4 How by Paulinus, a just man may safely say to God,
Dele me. Distinct. 5. Sect. 1. 1 Of Examples in Scripture.
2 The phrase of Scripture never imputes this Act to
any as a sinne, when it relates the History.
3 Irenaeus forbids man to accuse where God doth not.
4 Beza his answer to Ochius reason, that some Patri-
archs lived in Polygamy, reaches not home to our case.
5 For it is not evident by any other place of Scri-
pture, that this is sinne, and here many examples concur. Sect. 2. 1 Examples of Acts which were not fully
selfe-homicides, but approaches.
2 Of the Prophet who punished him that would not
strike him.
3. That when God doth especially invite men to such
violence, he says so plainly. And therefore such parti-
cular invitations may not be presumed where they are
not expressed. Sect. 3. 1 Of Jonas.
2 Why S. Hierome calls only Jonas of all the Prophets
holy. Sect. 4. 1 Of Samson.
2 The Church celebrates him as a Martyr.
3 Paulinus wishes such a death as Samsons.
4 They which deny that he meant to kill himself, are
confuted by the text.
5 They which say, he intended not his owne death prin-
cipally, say the same as we doe. 6 That
—————————————————————— The Contents. 15
6 That S. Augustines answer to this fact, that it was
by speciall instinct, hath no ground in the history.
7 Of Sayr his reason, in confirmation of Augustine,
That Samson prayed.
8 Of Pedraca his reason, that it was therefore the work
of God, because God effected it so, as it was desired.
9 That he had as much reason, and as much authority
to kill himselfe, as to kill the Philistims. And that was on-
ly the glory of God.
10 That in this manner of dying, hee was a type of
Christ. Sect. 5. 1 Of Saul.
2 Whether the Amalekite did helpe to kill Saul. Whe-
ther Saul be saved or no.
3 In what cases the Iewes, and Lyra confesse, that a
man may kill himselfe.
4 Lyra's reasons why Saul is to be presumed to have
dyed well.
5 Burgensis reason to the contrary; That if Saul were
excusable, the Amalekite was so too, is of no force.
56 Of Sauls Armour-bearer.
Sect. 6. 1 Of Achitophel.
2 He set his house in order, and he was buried. Sect. 7. 1 Of Judas.
2 He dyed not by hanging in the opinion of Euthymi-
us, Occumenius, Papias S. Johns disciple, and Theophilact.
3 By what meanes many places of Scripture have been
generally otherwise accepted, then the text enforceth.
4 Judas not accused of this in the story, nor in the two
Propheticall Psalmes of him.
5 Origens opinion of his repentance.
6 Calvin acknowledgeth all degrees of Repentance,
which the Romane Church requires to Salvation to have
been in Judas.
7 Petilians opinion that Judas was a Martyr.
8 His Act had some degrees of Iustice, by S. August. Sect. 8. 1 Of Eleazar. 2 All
—————————————————————— The Contents. 16
2 All confesse that it was an Act of vertue.
3 His destruction was certaine to him.
4 He did as much to his owne death, as Samson.
5 The reasons of thus Act, alleadged in the Text, are
Morall.
6 Saint Ambrose extols this by many concurrences.
7. Cajetans reason for justification thereof, is appliable to
very many other cases of Selfe-homicide. Sect. 9. 1 Of Rasis.
2 His reasons in the Text Morall.
3 Whether it be Pusillanimity, as Aristotle, August.
and Aquinas urge.
4 Saint Augustine confesseth that in Cleombrotus it
was greatnesse of minde.
5 How much great Examples governe.
6 That it was reputed Cowardlinesse in Antisthenes,
being extremely sicke, not to kill himselfe.
7 Vpon what reasons Lyra excuses this, and like actions.
8 Burgensis his reason confesseth that there might have
beene just causes for this act. Conclusion 1 Why I refrained discourse of destiny herein.
2 Man made of shadow, and the Devill of fire by the Al-
coran.
3 Our adversaries reasons contradict one another.
4 No precept given of loving our selves.
5 Encouragemens to contempt of death.
6 Why I abstaine from particular directions.
7 Laws forbid ordinary men to cure by extraordinary
meanes, yet Kings of England, Fra. and Spaine doe it.
8 As Hierom Origen Chrysost.and Cassianus are ex-
cused for following Plato, in toleration of a ly, because the
church had not then pronounced; so may it be in this. THE
—————————————————————— 17 The Preface
Declaring the Reasons, the
Purpose, the way, and the end
of the Avthor. BEZABeza, Aa man as eminent
and illustrious, in the full
1. The rea-
son of this
discourse. glory and Noone of
Learning, as others were
in the dawning, and Mor-
ning, when any, the least
sparkle was notorious,
2 Epist. ante
confessionem. (a) confesseth of himself, that only for the anguish
of a Scurffe, which over-ranne his head, he had
once drown'd himselfe from the Millers bridge
in Paris, if his Uncle by chance had not then
come that way; I have often such a sickely in-
clination. And, whether it be, because I had my
first breeding and conversation with men of a
suppressed and afflicted Religion, accustomed to
the despite of death, and hungry of an imagin'd
Martyrdome; Or that the common Enemie
find that doore worst locked against him in mee; C Or
—————————————————————— Preface. 18
Or that there bee a perplexitie and flexibility in
the doctrine it selfe; Or because my Conscience
ever assures me, that no rebellious grudging at
Gods gifts, nor other sinfull concurrence accom-
panies these thoughts in me, or that a brave scorn,
or that a faint cowardlinesse beget it, whensoever
any affliction assailes me, mee thinks I have the
keyes of my prison in mine owne hand, and no
remedy presents it selfe so soone to my heart, as
mine own sword. Often Meditation of this hath
Incitements
to charity to-
wards the
doer. wonne me to a charitable interpretation of their
action, who dy so: and provoked me a little to
watch and exagitate their reasons, which pro-
nounce so peremptory judgements upon them.
b B. Dorotheus
doctrin. 6. (b) A devout and godly man, hath guided
us well, and rectified our uncharitablenesse in such
cases, by this remembrance, [Scis lapsum, &c.
Thou knowest this mans fall, but thou knowest not his
wrastling; which perchance was such, that almost his
very fall is justified and accepted of God.] For, to
this end, saith one, c Bosq. conc 2. (c) [God hath appointed us tentati-
ons, that we might have some excuses for our sinnes,
when he calles us to account.] An uncharitable mis-interpreter unthriftily
demolishes his own house, and repaires not an-
others. He loseth without any gaine or profit to
any. And, as (d) d lib. de pati-
entia. Tertullian comparing and ma-
king equall, him which provokes another, and
him who will be provoked by another, sayes,
[There is no difference, but that the provoker offended
first, And that is nothing, because in evill there is no respect
—————————————————————— Preface. 19
respect of Order or Prioritie.] So wee may soone
becomes as ill as any offendor, if we offend in a
severe increpation of the fact. For, e Scala paradis.
grad. 3. (e) Clima-
chus in his Ladder of Paradise, places these two
steps very neere one another, when hee sayes,
[Though in the world it were possible for thee, to e-
scape all defiling by actuall sinne, yet by judging and
condemning those who are defiled, thou art defiled.]
In this thou art defiled, as (f) f In quaest. fuse
disp. ad q. 6. Basil notes, [That
in comparing others sinnes, thou canst not avoid excu-
sing thine owne.] Especially this is done, if thy
zeale be too fervent in the reprehension of others:
For, as in most other Accidents, so in this also,
Sinne hath the nature of Poyson, that (g) g Forest. de
venen. not. in
observat. 2. [It en-
ters easiest, and works fastest upon cholerique constitu-
tions.] It is good counsell of the Pharises stiled,
(h) h Serar. Tri-
hæres. l. 2. cap.
17. [Ne judices proximum, donec ad ejus locum per-
tingas.] Feele and wrastle with such tentations as
he hath done, and thy zeale will be tamer. For,
i Heb. 2. 17. [(i) Therefore (saith the Apostle) it became Christ
to be like us, that he might be mercifull.] If therefore after a Christian protestation of
Incitements to
charity toward
the Author. an innocent purpose herein, And after a submis-
sion of all which is said, not only to every Chri-
stian Church, but to every Christian man, and
after an entreaty, that the Reader will follow
this advise of Tabæus, [(k) k Serar. Tri-
hæres. l. 2. cap.
17. Qui litigant, sint am-
bo in conspectu tuo mali & rei], and trust neither me,
nor the adverse part, but the Reasons, there be
any scandall in this enterprise of mine, it is Ta-
ken, not Given. And though I know, that the C2 Mali-
—————————————————————— Preface. 20
malitious prejudged man, and the lazy affectors
of ignorance, will use the same calumnies and
obtrectations toward me, (for the voyce and
sound of the Snake and Goose is all one) yet
because I thought, that as in the poole of Bethsai-
da, (l) l Io. 5. 2. there was no health till the water was
troubled, so the best way to finde the truth in this
matter, was to debate and vexe it, (for (m) m Athenag. de
resur. [We
must as well dispute de veritate, as pro veritate,])
I abstained not for feare of mis-interpretation
from this undertaking. Our stomachs are not
now so tender, and queasie, after so long fee-
ding Why it is not
inconvenient
now to han-
dle this point. upon solid Divinity, nor we so umbragi-
ous and startling, having been so long enlight-
ned in Gods path, that wee should thinke any
truth strange to us, or relapse into that childish
age, in which (n) n Filesacus de
authorit. Epis.
cap. 1. 97. a Councell in France forbad
Aristotles Metaphysiques, and punished with Ex-
communication the excribing, reading, or ha-
ving that booke. Contemplative and bookish men, must of ne-
cessitie be more quarrelsome then others, because
Dissentions a-
mong schol-
lars more and
harder to end
then others. they contend not about matter of fact, nor can
determine their controversies by any certaine
witnesses, nor judges. But as long as they goe
towards peace, that is Truth, it is no matter
which way. (o) o Dan. 10. The tutelare Angels resisted
one another in Persia, but neither resisted Gods
revealed purpose. (p) p Humf. Iesui.
part. 2. ad rat. 5 Hierome and Gregorie seem
to be of opinion, that Salomon is damned, Am-
brose and Augustine, that he is saved: All Fathers, all
—————————————————————— Preface. 21
all zealous of Gods glory. (q) q ejusd. part 1
præfat. ad Com
Leicest. At the same
time when the Romane Church canonized Bec-
ket, the Schooles of Paris disputed whether hee
could be saved; both Catholique Judges, and of
reverend authoritie. And after so many Ages of
a devout and religious celebrating the memory
of Saint Hierome, Causæus hath spoken so dange-
rously, that (r) r Ratio 5.
n Such per-
plexities wee
ought to en-
clin to that side
that favoureth
the dead. Campian saies, hee pronounces
him to be as deepe in hell as the Devill. But in all
such intricacies, where both opinions seem equally
to conduce to the honor of God, his Justice being
as much advanced in the one, as his Mercie in the
other, it seemes reasonable to me, that this turne
the scales, if on either side there appeare chari-
ty towards the poore soule departed. (s) s Notæ Mallon.
in Paleot. Sin.
part. 1. cap. 2. The
Church in her Hymnes and Antiphones, doth
often salute the Nayles and Crosse, with Epithets
of sweetnesse, and thanks; But the Speare which
pierced Christ when he was dead, it ever calles,
dirum Mucronem. This pietie, I protest againe, urges me in this
discourse; and what infirmity soever my reasons
may have, yet I have comfort in Tresmegistus A-
xiome, (t) t De pietate et
philosophia.
Why I make
it so publique. [Qui pius est, summè Philosophatur.]
And therefore without any disguising, or curi-
ous and libellous concealing, I present and ob-
ject it, to all of candor, and indifferencie, to escape
that just taxation, (u) u Hier. Apol.
advers. Ruffin. [Novum malitiæ genus est,
& intemperantis, scribere quod occultes.] For as,
(x) x Theodor. a
Niem. l. 2. ca.
37. when Ladislaus tooke occasion of the great
schisme, to corrupt the Nobility in Rome, and ho-
C3 ped
—————————————————————— Preface. 22 ped thereby to possesse the Towne, to their se-
ven Governours whom they called Sapientes,
they added three more, whom they called Sa-
pientes, and confided in them; (So doe I wish, and andand
as much as I can, effect,) that to those ma-
ny learned and subtile men which have travel-
led in this point, some charitable and compas-
sionate men might be added. If therefore, of Readers, which (y) y Tessarid. 6.
What reader I
wish. Gorionides
observes to be of foure sorts, (Spunges which at-
tract all without distinguishing; Howre-glasses,
which receive and powre out as fast; Bagges,
which retaine onely the dregges of the Spices,
and let the Wine escape; And Sives, which re-
taine the best onely,) I finde some of the last
sort, I doubt not but they may bee hereby en-
lightened. And (z) z Gen. 3. 6.
et 7. as the eyes of Eve, were o-
pened by the taste of the Apple, though it bee
said before that shee saw the beauty of the tree,
So the digesting of this may, though not pre-
sent faire objects, yet bring them to see the na-
kednesse and deformity of their owne reasons,
founded upon a rigorous suspition, and winne
them to be of that temper, which (a) a Hom. de S.
Susanna. Chriso-
stome commends, [He which suspects benignly would
faine be deceived, and bee overcome. and is piously
glad, when he findes it to be false, which he did un-
charitably suspect.] And it may have as much vi-
gour (as (b) b Steuch. de
Valla de Don.
const. one observes of another Author)
as the Sunne in March; it may stirre and dis-
solve humors, though not expell them; for that
—————————————————————— Preface. 23
that must bee a worke of a stronger power. Every branch which is excerpted from other The reason of
so many cita-
tions.
authors, and engrafted here, is not written for the
readers faith, but for illustration and compari-
son. Because I undertooke the declaration of such
a proposition as was controverted by many, and
therefore was drawne to the citation of many au-
thorities, I was willing to goe all the way with
company, and to take light from others, as well
in the iourney as at the journeys end. If there-
fore in multiplicity of not necessary citations
there appeare vanity, or ostentation, or digression
my honesty must make my excuse and compen-
sation, who acknowledg as (c) c Epist. Tit.
Vesp. Pliny doth [That to
chuse rather to be taken in a theft, then to give every
man due, is obnoxii animi, et infelicis ingenii.] I
did it the rather because scholastique and artifi-
ciall men use this way of instructing; and I made
account that I was to deale with such, because
I presume that naturall men are at least enough
inclinable of themselves to this doctrine. This my way; and my end is to remove
God punishes
that sinn most
which occasi-
ons most sinne
in others. scandall. For certainly God often punisheth a sin-
ner much more severely, because others have
taken occasion of sinning by his fact. If therefore
wee did correct in our selves this easines of being
scandalized, how much easier and lighter might
we make the punishment of many transgressors?
for God in his judgements hath almost made us
his assistants, and counsellers, how far he shall
punish; and our interpretation of anothers sinne doth
—————————————————————— Preface. 24
doth often give the measure to Gods Justice or
Mercy. If therefore, since (d) d Paulin. Ep.
4. Severo. [disorderly long haire
which was pride and wantonnesse in Absolon, and
squallor and horridnes in Nebuchodonozor was ver-
tue and strength in Samson, and sanctification in Sa-
muel,] these severe men will not allow to indiffe-
rent things the best construction they are capable
of, nor pardon my inclination to do so, they shall
pardon this opinion, that their severity proceeds
from a self-guiltines, and give me leave to apply
that of Ennodius, (e) e Epist. ad
Astyrium. [That it is the nature of stiffe
wickednesse, to think that of others, which themselves
deserve and it is all the comfort which the guilty have,
not to find any innocent.] THE
—————————————————————— 25 The
First Part.
Of
Law and Nature. Distinction I. Sect. I. ASAs (a) Lawyers use to call that im-
possible, 1. Why wee
first prove
that this sinne
is not irremis-
sible. which is so difficult;
that by the rules of law it cannot
be afforded, but by the indulgence
of the Prince, and excercise of his
a Palæotus de
notbis. c. 28.Prerogative: So Divines are ac-
customed to call that sinne, which for the most
part is so, and which naturally occasions and ac-
companies sinne. Of such condition is this Self- D Ho-
—————————————————————— Part. 1. Dist. 1. Sect. 12. 26
Homicide: which to be sinne every body hath
so sucked, and digested, and incorporated into
the body of his Faith and Religion, that now
they prescribe against any opposer; and all dis-
course in this point is upon the degrees of this
sinne, and how farre it exceeds all other: So that
none brings the metall now to the test, nor
touch, but onely to the balance. Therefore al-
though whatsoever is in our appetite good or
bad, was first in our understanding true or false,
and therefore if wee might proceed orderly, our
first disquisition should be employd upon the first
source, and origen, which is, whether this opini-
on be true or false, yet finding our selves under
the iniquity and burden of this custome, and pre-
scription, we must obey the necessitie, and pre-
posterously examine: First, why this fact should
be so resolutely condemned, and why there
should be this precipitation in our judgement, to
pronounce this above all other sins irremissible:
and then, having removed that which was neerest
us, and delivered our selves from the tyranny of
this prejudice: our judgment may be brought neer-
er to a straightnesse, and our charity awakned, and
entendred to apprehend, that this act may be free
not onely from those enormous degrees of sinne,
but from all. Sect. II. They who pronounce this sinne to be so 1. Three sorts
of mistakers
of this sinne. neces-
sarily
—————————————————————— Part. 1. Dist. 1. Sect. 3. 27 sarily damnable, are of one of these three per-
swasions. Either they mis-affirme that this act al-
waies proceeds from desperation; and so they load
it with all those comminations with which from
Scriptures, Fathers, Histories, that common
place abounds. Or else they entertaine that dan-
gerous opinion, that there is in this life an impe-
nitiblenesse, and impossibilitie of returning to
God, and that apparent to us (for else it could
not justifie our uncharitable censure;) Or else they
build upon this foundation, that this act being
presum'd to be sinne, and all sinne unpardonable
without repentance, this is therefore unpardo-
nable, because the very sin doth preclude all or-
dinary wayes of repentance. Sect. III. To those of the first Sect, if I might be as vainly
1. That all
desperation is
not hainous;
and that this
act doth not
alwaies pro-
ceed from de-
speration. subtile, as they are uncharitably severe, I should
answer, that all desperation is not sinnefull. For in
the devill it is not sinne, nor doth hee demerit by
it, because he is not commanded to hope. Nor in
a man which undertook an austere and disciplina-
ry taming of his body by fasts or corrections,
were it sinfull to despaire that God would take
from him stimulum carnis. Nor in a Priest em-
ploy'd to convert infidels, were it sinfull to de-
spaire; that God would give him the power of
miracles; If therefore to quench and extinguish
this stimulum carnis, a man should kill himselfe; D2 the
—————————————————————— Part. 1. Dist. 1. Sect. 3. 28
the effect and fruit of this desperation were evill,
and yet the root it selfe not necessarily so. No 2. It may bee
without infi-
delitie.
detestation nor dehortation against this sinne of
desperation (when it is a sinne) can be too earnest. a Tho. 22. q. 2.
ar. 2.
But yet (a) since it may be without infidelitie, it
cannot be greater then that. And though Aquinas 3 When it is
pœena peccati
it is involuntari-
um.
there calls it sinne truly, yet he sayes hee doth so,
because it occasions many sinnes. And if it bee as
(b) b Perer. Exod.
c. 1. disp. 4. others affirme, Pœna peccati, it is then involun-
tarium, which will hardly consist with the nature
of sinne: 4. The reason
why men or-
dinarily ag-
gravate it. Certainly, though many devout men
have justly imputed to it the cause and effect of
sin, yet as in the (c) penitentiall Cannons, greater
Penance is inflicted upon one who kills his wife, c Cau. 17.
than one who kills his mother; and the reason
added, not that the fault is greater, but that other-
wise more would commit it; So is the sinne of
desperation so earnestly aggravated; because
springing from Sloth, and Pusillanimity, our
nature is more slippery and inclinable to such a
descent, than to presumptions, which yet without
doubt do more wound and violate the Majesty
of God, then desperation doth. But howsoever,
that none may justly say, that all which kill
themselves, have done it out of a despaire of
Gods mercy, (which is the onely sinnefull de-
spaire) we shall in a more proper place, when we
come to consider the examples exhibited in Scri-
ptures, and other Histories; finde many who at
that act have been so far from despaire, that they
have esteemed it a great degree of Gods mercy, to
—————————————————————— Part. 1. Dist. 1. Sect. 3. 29
to have been admitted to such a glorifying of his
name, and have proceeded therein as religiously
as in a sacrifice; and as (d) d Bosquier
Con. 2. one sayes, elegantly,
of Job, venere in gloriosa Proverbia, and of whom
we may properly say, that which Moses said,
Exod. 32.
29. when they punished upon one another their Ido-
latry, Consecrastis manus vestras Domino. When I come to consider their words who are
5. Of the se-
cond opinion,
impenitible-
nesse. of the second opinion, and which allow an im-
penitiblenesse in this life (of which Calvin is a
strong Authorizer, if not an Authour; who
6. Of Calvins
opinion, Mat.
12. 30. sayes, that actuall impenitence is not the sinne
intimated in Matth. 12. 30, & 31. But it is a will-
ing resisting of the holy Ghost, into which who-
soever falls, Tenendum est, saith he, we must hold
that he never riseth again) because these hard and
mis-interpretable words fall from them, when
they are perplexed, and intricated with that hea-
vy question of sinne, against the holy Ghost, and
because I presume them to speak proportionally
and analogally to their other Doctrine, I rather
incline to afford them this construction, that they
place this impenitiblenesse onely in the know-
ledge of God, or that I understand them not, then
either beleeve them literally, or beleeve that they
have clearly expressed their own meanings. For
I see not why we should be lother to allow, that
God hath made some impeccable, then impeniti-
ble. 7. None im-
peccable, nor
impenitible. Neither do I perceive, that if they had their
purpose, and this were granted to them, that ther-
fore such an impenitiblenesse must of necessity D3 be
—————————————————————— Part. 1. Dist. 1. Sect. 4. 30
be concluded to have been in this person, by rea-
son of this act. Sect. IIII. But the third sort is the tamest of all the three, 1. Of the
third sort, and
that we ought
not to pre-
sume actuall
impenitence
in this case.
and gives greatest hope of being reduced, and re-
ctifyed: For though they pronounce severely
upon the fact, yet it is onely upon one reason,
that the fact precludes all entrance to repentance.
Wherein I wonder why they should refuse to ap-
ply their opinions to the milder rules of the Ca-
suists (a) a Azor. Mor.
Instit. pa. I. l.
2. c. 16. which ever in doubtfull cases, teach an
inclination to the safer side. And though it be
safer to thinke a thing to be sin, then not, yet that
rule serves for your own information, and for a
2. Which is
the safer side
in doubts. bridle to you, not for anothers condemnation.
They use to interpret that rule of taking the safer
side, that in things necessary (necessitate finis, as
repentance is to salvation) wee must follow a-
ny probable opinion, though another bee more
probable; and that, directly that opinion is to be
followed, Quæ savet animæ: which they exem-
plifie thus. (b) b Zambran. de
pœniten. dub. 2.
n. 39. That though all Doctors hold
that baptisme of a childe not yet throughly born,
in the hand or foot to be ineffectuall, yet all Do-
ctors counsell to baptize in that case, & to beleeve
of good effect. And the example of the good
theife informes us, that repentance works imme-
diately; 3. In articulo
mortis, the
Church inter-
prets ever fa-
vourably. and from that history Calvin collects,
That such paine in articulo mortis, is naturally apt to
—————————————————————— Part. 1. Dist. 1. Sect. 4. 31
to beget repentance; Since the Church is so in-
dulgent, and liberall to her children, (c) c Idem de bap.
dub 8. n. 1. that at
the point of death shee will afford her treasure of
baptisme to one which hath been mad from his
birth, by the same reason as to a child; (d) d Ibid. n. 2. yea, to
one fallen lately into madnesse, though it appeare
he were in mortall sinne, if he have but attrition,
which is but a feare of hell, & no tast of Gods glo-
ry; And such attrition shall be presum'd to be in
him, if nothing appeare evidently to the contrary:
(e) e Idem prælud.
1. n. 7. If she be content to extend and interpret this
point of death, of every danger by sea, or travell;
(f) f Idem de pœ-
nitent. dub. 3.
nu. 2. If she will interpret any mortall sinne, in a man
provoked by sodain passion, and proceeding from
indeliberation, to be no worse nor of greater ma-
lignity, then the act of a childe. If being unable to
succour one before (g) g Ibidem. she will deliver him from
excommunication after he is dead. (h) Dub. 7. nu. 9. If she bee
content that both the penitent and confessor, bee
but diligentes, not diligentissimi; (i) i Idem de unct.
dub. 2. nu. 3. If rather then
she will be frustrate of her desire to dispense her
treasure, she yeelds that mad and possessed men,
shall be bound till they may receive extreame un-
ction. (k) k Sayr Thesaur
cas. consci. tom.
1. l. 2. c. 21. nu.
2. If lastly she absolve some whether they
will or no, why should we abhorre our mothers
example, and being brethren, be severer than the
Parent? Not to pray for them which dye without
faith is a precept so obvious to every Religion,
that even (l) l Alcor. azoar.
19. Mahomet hath inhibited it: But to pre-
sume impenitence, because you were not by, and
heard it, is an usurpation. This
—————————————————————— Part. 1. Dist. 1. Sect. 5. 32
This is true repentance (saith Clement) [(m) m Stromat. l. 2 To
doe no more, and to speake no more, those things,
4. What true
repentance is. whereof you repent; and not to be ever sinning,
and ever asking pardon.] Of such a repentance as
this our case is capable enough. And of (n) n Lib. 3. ad a-
mandum ep. 1. one who died before he had repen-
ted, good Paulinus would charitably interpret his
haste, [That he chose rather to go to God debitor
quam liber] and so to die in his debt rather than to
carry his acquittance. As therefore in matters of
fact, the delinquent is so much favor'd that (o) o Dist. 81. ca.
Clerici. a
Lay-man shall sooner be beleeved which acquits
5. Witnesses
which acquit,
more accepta-
ble then accu-
sers. him, then a Clerk which accuseth (though in (p) o-
ther cases there be much disproportion betweene
the value of these two testimonies;) So, if any
will of necessitie proceede to judgement in our
case, those reasons, which are most benigne, and p 12. q. 1. c.
duo sunt.
which, (as I sayd) favent anima, ought to have
the best acceptation and entertainment.
Sect. V. 1. Why wee
wave the ordi-
nary definiti-
on of sinne ta-
ken from S.
Augustine, and
follow that of
Aquinas.Of all those definitions of sinne, which the first
Rhapsoder Pet. Lombard hath presented out of an-
cient learning, as well the Summists as Casuists doe
most insist upon that which he brings from (a) S.
Augustine, as, commonly, where that Father serves
their turnes, they never goe further. This defini-
tion is, that sinne is dictum, factum, concupitum, a Lib. 2. Dist.
35. A. con-
tra aternam legem Dei. This they stick too, because
this definition (if it be one) best beares their de-
scant
—————————————————————— Part. 1. Dist. 1. Sect. 5. 33 scant; and is the easiest conveyance, and cariage, Of the tortu-
ring practise
of Casuists.
and vent for their conceptions; and applying rules
of Divinitie to particular cases: by which they
have made all our actions perplex'd and litigious,
in foro interiori, which is their tribunall: by which
torture they have brought mens consciences to
the same reasons of complaint, which (b) b Panegyr.
Traian. Pliny at-
tributes to Rome, till Trajans time; that Civitas fun-
data legibus, legibus evertebatur. For as Informers
vext them with continuall delations upon penall
Lawes, so doth this act of sinning entangle wret-
ched consciences in manifold and desperate anxi-
eties. But for this use this definition cannot be thought
to be applyable to sinne onely, since it limits it to
the externall Law of God, (which word though c Thesaur. Cas.
Consc. l. 1. Ca. 5.
Lombard have not, (c) Sayr and all the rest retain)
for this eternall Law is (d) d Tho. 22.
q. 91. ar. 2. ratio gubernativa Dei,
which is no other then his eternall decree for the
government of the whole world, and that is Pro-
vidence. And certainly against this, because it is
not alwayes revealed, a man may without sinne
3. Of the eter-
nall law of
God in Augu-
stines definiti-
on against
which a man
may doe with-
out sinne. both think and speak and doe: as I may resist a
disease, of which God hath decreed I shall die.
Yea though he seeme to reveale his will, we may
resist it, with prayers against it, because it is often
conditioned, and accompanied with limitations
and exceptions. Yea though God dealt plainly
by Nathan, (e) e 2. Sam. 12.
14. [The child shall surely die] David
resisted Gods decree by prayer and penance. We
must therefore seek another definition of sinne E which
—————————————————————— Part. 1. Dist. 1. Sect. 6. 34
which I think is not so well delivered in those
words of Aquinas (f) f 22. q. 64. ar.
1. Con. [Omnis defectus debiti actus
habet rationem peccati] as in his other; [Peccatum
4. Of the De-
nitionDefi-
nition which
we follow. est actus devians ab ordine debiti finis, contra regulam
naturæ rationis, aut legis æternæ] For here lex æter-
na being put as a member and part of the defi-
nition, it cannot admit that vast and large accepta-
tion, which it could not escape in the descripti-
on of S. Augustine, but must in this place be neces-
sarily intended of lex divina. Through this definit-
ion therefore, we will trace this act of Self-ho-
micide, and see whether it offend any of those
three sorts of Law.
Sect. VI. Of all these three Laws, of Nature, of Reason, 1. How the
law of nature,
of reason, and
of God, exhi-
bited in this
definition, are
all one; and
how diversly
accepted.
and of God, every precept which is permanent,
and binds alwayes, is so compos'd and elemen-
ted and complexion'd, that to distinguish and sepe-
rate them is a Chymick work: And either it doth
only seeme to be done, or is done by the torture
and vexation of schoole-limbicks, which are ex-
quisite and violent distinctions. For that part of
Gods Law which bindes alwayes, bound be-
fore it was written, and so it is but dictamen rectæ
rationis; and that is the Law of nature. And there-
fore JsidoreIsidore as it is related into the (a) a Dist. 1. Om-
es. Canons, di-
viding all Law into divine and humane, addeth
[Divine consists of nature, Humane of custome]
Yet though these three be almost all one; yet be-
cause
—————————————————————— Part. 1. Dist. 1. Sect. 6. 35 cause one thing may be commanded divers waies,
and by divers authorities, as the common Law,
a Statute, and a Decree of an arbitrary Court, may
bind me to do the same thing, it is necessary that
we weigh the obligation of every one of these
Laws which are in the Definition. But first I will only mollify and prepare their
2. In some ca
ses all these
three lawes
may be
broke at once. crude and undigested opinions and prejudice
which may be contracted from the often iteration,
and specious but sophisticate inculcatings of Law,
and Nature, and Reason, and God, with this
Antidote, that many things which are of Na-
turall and Humane and Divine Law may be 3. Revealing
a secret.
broken. Of which sort (b) to conceale a secret
delivered unto you is one. And the Honour due b Soto de teg.
Secr. membr. 1.
q. 2.
to Parents is so strictly of all these Laws, as
none of the second Table more. Yet in a iust
warre a Parricide is not guilty; yea by a law of 4. Parricide.
Venice, though (c) c de Rep. l. 1.
cap. 4. Bodin say, it were better the
Towne were sunk then ever there should be a-
ny example or president therein; A sonne shall
redeeme himselfe from banishment by killing
his Father being also banished. And we (d) d Ælian. l. 4.
cap. 1. read
of another state (and Laws of Civil Common-
wealths may not easily be pronounced to be a-
gainst Nature) where when Fathers came to be of
an unprofitable and uselesse age, the sons must beat
them to death with clubs: And of another, where
all persons of above 70 years were dispatched. E2 SECT.
—————————————————————— Part. 1. Dist. 1. Sect. 7. 36 Sect. VII. This terme the law of Nature, is so various-
ly 1. Of the law,
of nature; and
that against it
strictly taken,
either no sin,
or all sinne is
done. and unconstantly deliver'd, as I confesse I read
it a hundred times before I understand it once, or
can conclude it to signifie that which the author
should at that time meane. Yet I never found it in
any sence which might justifie their vociferations
upon sinnes against nature. For the transgressing of
2. To doe a-
gainst nature,
makes us not
guilty of a
greater sinne,
but more in-
excusable. the Law of nature in any act doth not seeme to me
to increase the haynousnesse of that act, as though
nature were more obligatory than divine Law:
but only in this respect it aggravates it, that in such
a sin we are inexcusable by any pretence of igno-
rance since by the light of nature we might discern
it. Many things which we call sin, and so evill
have been done by the commandement of God;
3. Nothing so
evill, that is
never good. by Abraham and the Israelites in their departing
from Ægypt. So that this evill is not in the na-
ture of the thing, nor in the nature of the whole
harmony of the world, and therefore in no Law 4. No evill
but disobedi
ence.
of nature, but in violating, or omitting a Com-
mandement: All is obedience or disobedience. 5. Lying natu
rally worse
then Selfe-ho-
micide.
Whereupon our Country-man (a) Sayr confes-
seth, that this Self-Homicide is not so intrin-
secally ill, as to Ly. Which is also evident by a Thesaur. cas.
cons. l. 7. c. 9.
n. 9.
Cajetan (b) where he affirmes, that I may not to
save my life, accuse my self upon the Racke. b sup. 22. q. 37.
ar. 2.
And though Cajetan extend no farther herein,
then that I may not bely my self: Yet (c)c de teg. secr.
memb. 1. q. 3. Soto evicts,
—————————————————————— Part. 1. Dist. 1. Sect. 7. 37
evicts, that Cajetans reasons, with as much force
forbid any accusation of my self, though it be
true. So much easier may I depart with life then
with truth, or with fame, by Cajetan. And yet 6 Fame may be
neglected; yet
we are as
much bound
to preserve
it, as life.
we find that of their fame many holy men have
been very negligent. For not onely Augustine,
Anselm, and Hierome, betray themselves by unur-
ged confessions, but (d) d Soto ihid. St Ambrose procur'd cer-
tain prostitute women, to come into his cham-
ber, that by that he might be defamed, and the
People thereby abstaine from making him Bi-
shop. This intrinsique and naturall evill there-
fore will hardly be found. For, (e) e Tho. 22.
q. 104. ar. 4. ad
2. m. God who can
command a murder, cannot command an evill,
or a sinne; because the whole frame and 7 God cannot
command a
sin, yet he can
command
murder.govern-
ment of the world being his, he may vse it as he
will. As, though he can doe a miracle, he can do
nothing against nature; because (f) [That is the
nature of every thing, which he works in it.] f Aug. cont.
faust. l. 26. ca.
3.
Hereupon, & upon that other true rule, (g) [what-
soever is wrought by a superior Agent, upon a g Th. 1. q. 105.
ar. 6. ad. 1.
patient, who is naturally subject to that Agent, is
naturall] we may safely infer, that nothing which
we call sinne is so against nature, but that it may
be sometimes agreeable to nature. On the other side, nature is often taken so wide-
ly and so extensively, as all sinne is very truely
said to be against nature. Yea, before it come to be h De li. Arb.
l. 13. ca. 13.
sinne. For S. Augustine sayes (h) [Every vice, as
it is vice, is against nature.] And vice is but habite 8 Originall sin
is from na-
ture.
which being produced to act, is then sinne. Yea E3 the
—————————————————————— Part. 1. Dist. 1. Sect. 8. 38
the parent of all sinne, which is hereditary origi-
nall sin, which (i) i 12. q. 81.
ar. 4. Aquinas calls, [a languor and
faintnesse in our nature, and an indisposition, pro-
ceeding from the dissolution of the harmony of
originall Justice] is by him said to be in us,
[(k) k 3. q. 8. ar. 5.
ad 7. quasi naturale] And is, as he saith in ano-
ther place, so (l) naturall, [that though it is pro-
pagated with our nature, in generation, though it
l 1. q. 100.
ar. 1. ad 3.be not caused by the principles of nature.] So
(m) as if God would now miraculously frame a
m 12. q. 81. ar.
4.man, as he did the first woman, of another's
flesh and bone, and not by way of generation,
into that creature, all infirmities of our flesh
would be derived but not originall Sin. So that
originall sinne is traduced by nature onely, and
all actuall sinne issuing from thence, all sinne is
naturall. Sect. VIII. But to make our approaches neerer. Let us 1 That if our
adversaries by
law of Na-
ture meane
onely Sensi-
tive Nature,
they say no-
thing, for so
most vertuous
actions are
against Na-
ture.
leave the consideration of the Law of nature,
as it is Providence, and Gods decree for his
government of the great world; and contract it
only to the law of nature in the lesse world, our
selves. There is then in us a (a) double law of na-
ture, Sensitive and Rationall; and (b) the first doth
naturally lead and conduce to the other. But be-
cause by the languor and faintnesse of our nature, a Tho. 12. q.
71. ar. 2. Con.
we lazily rest there, and for the most part goe no
b Carbo Cas.
Cons. To. 2. pa.
1. 6. 5.further in our journeys therfore out of this ordi-
nary
—————————————————————— Part. 1. Dist. 1. Sect. 9. 39 nary indisposition, Aquinas pronounceth, that the
inclination of our sensitive nature is against the
law of reason. And this is that which the Apostle
Rom. 7. 23. calls the law of the flesh, and opposeth against
the law of the spirit. Now although it be possible to sinne and trans-
gresse against this sensitive nature, which natural-
ly and lawfully (c) c Tho. ibid. is inclined upon bonum delecta-
bile, by denying to it lawfull refreshings, and fo-
mentations; yet I think this is not that law of
nature which these abhorrers of Self-Homi-
cide complaine to bee violated by that Act.
For so they might aswell accuse all discipline
and austeritie, and affectation of Martyrdome,
which are as contrarie to the Law of sensitive
Nature.
Sect. IX. And therefore, by law of nature, if they
1 As the law
of Nature is
Recta Ratio,
it is jus genti-
um. So Immo-
lation of men
and Idolatry,
are not against
Nature. will meane any thing, and speak to be under-
stood, they must entend the law of rationall
nature: which is that light which God hath af-
forded us of his eternall law; and which is usu-
ally call'd recta ratio. Now this law of nature
as it is onely in man and in him directed upon
Piety, Religion, Sociablenesse; and such (for as it
reacheth to the preservation both of Species and
individualls, there are lively prints of it in beasts)
is with most authors confounded and made the
same with jus gentium. So (a) a Mor. Inst. p.
1. l.5. cap. 1. Azorius, and so (b) Syl-
—————————————————————— Part. 1. Dist. 1. Sect. 10. 40
(b) b Com. ad leg.
Reg. præ. Sylvius delivers [That the law of nature, as
it concerns only reason is jus gentium;] and there-
fore whatever is jus gentium that is, practised (and
accepted in most, especially civil'st nations) is also
law of nature, which (c) c De Som. sign. Artemidorus exemplifies,
in these two, Deum colere, mulieribus vinci. How then shall we accuse Idolatry, or immo-
lation of men to be sinnes against nature? For
(not to speak of the first, which like a deluge o-
verflowed the whole world, and only Canaan,
was a little Ark swimming upon it, delivered from
utter drowning, but yet not from stormes and
and leakes, and dangerous weather-beatings,)
d Pol. Virg. de
Invent. rer. l. 5.
cap. 8.immolation of men was so ordinary, that (d)
[almost every nation, though not barbarous, had
received it.] the (e) e Middendorp.
de Acad. l. 6. ex
Io. Bormo. Druids of France made their
divinations from sacrifices of men. (f) And
f Cæsar. Bell.
Gall. l. 6. in their wars they presaged also after the same fa-
shion. And for our times it appeares, by the Spa-
nish relations, (g) g Mat. Met.
præf. ad Osor.
Hist. that in only Hispaniola they sa-
crific'd yearly 20000 children.
Sect. X. 1 A reason is the
forme, and
so the Nature
of man, every
sin is against
Nature, yea,
whatsoever
agrees not ex-
actly with
Christian Re-
ligion.However since this is receiv'd [(a) that the
nature of every thing is the forme by which it
is constituted, and that to doe against it, is to doe
against nature] since also this forme in man is
reason, and so to commit against reason is to sin
against nature, what sin can be exempt from that
charge, that it is a sin against nature, since every sin a 12. q. 71. ar.
2. Con. is
—————————————————————— Part. 1. Dist. 1. Sect. 10. 41
is against reason. And in this acceptation (b)b Epistola
multis epist. Luci-
dus takes the law of nature, when he sayes [God
hath written in our hearts such a law of nature,
as by that, we are saved in the coming of Christ.]
And so every act which concurres not exactly
with our religion shall bee sinne against nature.
Which will appeare evidently out of (c) c 31. 33. Jeremies
words, where God promiseth as a future bles-
sing, that he will write his lawes in their hearts,
which is the Christian law. So that the Christian
law, and the law of nature, (for that is the law
written in hearts) must be all one. Sinne therefore
against nature is not so enormous, but that that
may stand true, which Navar saith (d) d Manual. ca.
23. nu. 50. [that many
lawes both naturall and divine doe bind onely ad
veniale.] And so (nor disputing at this time,
whither it be against reason alwaies or no,) (for
reason and vertue differ no otherwise than a close
2. Vertue
produced to
act, differs
so from rea-
son, as a me-
dicine made
and applyed,
from a box of
druggs. box of druggs, and an emplaister or medicine
made from thence and applyed to a particular
use and necessitie; and in the box are not onely
aromatike simples, but many poysons, which the
nature of the disease, and the art of the Admini-
strer make wholsome.) This Self-Homicide
is no more against the law of nature, then any
other sinne, nor in any of the acceptations which
we touch'd before. And this is as much as I de-
termined for this first Distinction. F Distinct.
—————————————————————— Part. 1. Dist. 1. Sect. 10. 42 Distinction II. Sect. I. THereThere is a lower and narrower acceptation 1. Sinnes a-
gainst nature
in a particu-
lar sense, are
by School-
en said to be
unnaturall
lusts; and this.
But in Scri-
ptures onely
the first is so
called.
of this law of nature (which could not well
be discerned but by this light, and fore-discour-
sing) against which law, this sinne, and a very few
more, seeme to be directly bent, and opposed.
For (a) Azorius sayes, [That there are sinnes pe-
culiarly against nature, which are contra naturalem
usum hominis] which he exemplifies in unnaturall
a Mor. Instit. p.
1. l. 4. cap. 1.lusts, and in this. And of the former example
(b) Aquinas sayes, [That there are some kinds of
b 22. q. 154.
ar. 11. Con. lusts which are sinnes against nature, both as they
are generally vices, and as they are against the na-
turall order of the act of generation.] In the Scri-
ptures also this sinne of mis-using the Sexe, is cal-
led against nature, by c Rom. 1. 20. S. Paul. And once (in
the vulgar edition) in the d Judg. 19. 24 old Testament. But
(as I intimated once before) this sinne against
nature is so much abhor'd, not because the being
against nature makes it so abominable, but because
the knowledge therof is so domestique, so neare,
so inward to us, that our conscience cannot slum-
ber in it, nor dissemble it, 2. Of the ex-
ample of the
Levite in the
Judges.as in most other sinnes it
doth. For, in that example of the Levite in the
booke of Judges, (if those wicked men did seeke
him for that abominable use, which c Antiq. l. 5.
c. 2. Iosephus F sayes,
—————————————————————— Part. 1. Dist. 2. Sect. 1. 43
sayes, was onely for his wife; And when himself
relates to the people the history of his injury in
the next chapter, he complains that they went a-
bout to kill him to enjoy his wife, and of no o-
ther kind of injury;) though the Host which had
harbor'd him disswade the men thus, [solum non
operemini hoc contra naturam] will any man say,
that the offer which he made them to extinguish
their furious lust, to expose to them his owne
daughter, a virgine, and the wife of his guest,
(which Iosephus encreases by calling her a Levite
and his kins-woman,) was a lesse sinne, then to
have given way to their violence, or lesse against
nature, because that which they sought was con-
tra naturalem usum. Is not every voluntary pollu-
tion, in genere peccati, as much against the law of
nature, as this was, since it strayes and departs
from the way, and defeats the end of that facultie
in us, which is generation? The violating there-
fore of the law of nature, doth in no acceptation
aggravate the sinne. Neither doth the Scripture
call any other sinne, then disorderly lust by that
1 Cor. 11. 14. name; S. Paul once appeals to the law of nature,
3. S. Pauls use
of the phrase
Law of nature
in long haire.when arguing about the covering of heads, of
men or women at publique prayer, hee sayes,
[Judge in your selves;] And [Doth not nature teach
you, that if a man have long haire, it is a shame.] Not
that this was against that law of nature to which
all men were bound, for it was not alwayes so.
For, in most places, shavings and cuttings, and
pullings, are by the Batyriques and Epigrammatists F2 of
—————————————————————— Part. 1. Dist. 2. Sect. 2. 44 of those times, reprehended for delicacy and effe-
minatenesse. And the Romans till for rain corrup-
tion had envenom'd them, were ever call'd glo-
riously Intonsi; but because (sayes Calvine) [it
was at that time received as a custome throughout
all Greece, to weare short haire, S. Paul calls it na-
turall.] So Vegetius sayes [That from (f) f De re milit.
l. 4. c. 39. November to
March the Seas are shut up, and intractable lege
4. Vegetius use
of that phrase.naturae,] which now are tame and tractable e-
nough, and this also lege naturae. And that custome
which S. Paul call'd naturall in Greece, was not
long naturall there. For the Bishops of Rome,
when they made their Canons for Priests sha-
vings, (g) g Pierius de
barbis Sacerdo-
tum. did it because they would have their
Priests differ from the Priests of the Greek Church.
So that S. Paul mentioning the law of nature, ar-
gues not from the weight and hainousnesse of the
fault, as our adversaries use; but useth it as the
1. Selfe-pre-
servation is
not so of par-
ticular law of
nature, but
that beasts na-
turally trans-
gresse it,
whom it binds
more then us;
and we, when
the reason
thereof ceases
in us, may
transgresse it,
and some-
times must.nearest and most familiar and easie way to lead
them to a knowledge of decencie, and a departing
from scandalous singularitie in those publique
meetings. Sect. II. And though Azorius (as I said) and many o-
thers, make this Selfe-homicide an example of sin,
against particular Law of Nature; yet it is onely
upon this reason, that selfe-preservation is of Na-
turall Law. But that Naturall Law is so generall, that
—————————————————————— Part. 1. Dist. 2. Sect. 2. 45
that it extends to beasts more then to us, because
they cannot compare degrees of obligation and
distinctions of duties and offices, as we can. For
we know that (a) a Tho. 12. q.
51. ar. 7. Con. [some things are naturall to the
species, and other things to the particular person]
2. Things
naturall to the
species, are not
alwaies so to
the individuumand that the latter may correct the first. And
therefore when (b) Cicero consulted the oracle at
Delphøs, he had this answer, [Follow your owne na-
ture.] And so certainly that place, (c) [It is not good
b. Fabricius
Hist. Cicero,
Ann. 30.for the man to be alone,] is meant there, because if he
were alone, Gods purpose of multiplying man-
kinde had beene frustrate. Yet though this be ill
c Gen. 2. 18.for conservation of our species in generall, yet it
3 Therefore
some may a-
bandon the
world. may be very fit for some particular man, to ab-
staine from all such conversation of marriage or
men, and retire to a sollitude. For some may
need that counsell of d Homil. 36.
Oper. imperf.
in Matth. (d) Chrysostome, [Depart
from the high way, & transplant thy self in some
inclosed ground: for it is hard for a tree which
stands by the way side, to keep her fruit, till it be
ripe.] Our safest assurance, that we be not mis-
e Th. 12. q. 94.
ar. 4.lead with the ambiguity of the word Naturall
Law, and the perplex'd variety thereof in Au-
thors, will be this, That [all the precepts of
4 First prin-
ciples in natu-
rall Law are
obligatory, but
not deductions
from thence,
and the lower
we descend, the
weaker they
are.Naturall Law, result in these, Fly evill, seek good;]
That is, doe according to Reason. For these, as they are indispensable by any au-
thority, so they cannot be abolished nor ob-
scur'd, but that our hearts shall ever not onely
retaine, but acknowledge this Law. From these
are deduced by consequence, other precepts F3 which
—————————————————————— Part. 1. Dist. 2. Sect. 2. 46
which are not necessary alwaies; as Redde depositum.
For though this seeme to follow of the first, Doe
according to reason, yet it is not alwaies just. And
as Aquinas saies, The lower you goe towards par-
ticulars, the more you depart from the necessitie
of being bound to it. So (f) f De privilegiis
Juris. l. 1. c. 8. Acacius illustrates it
more clearely, [It is naturall, and bindes
all alwaies, to know there is a God. From this
is deduced by necessary consequence, that God
(if he be) must be worshipped; and after this, by
likely consequence, that he must be worshipped
in this or this manner.] And so every Sect will
a little corruptly and adulterately call their disci-
pline Naturall Law, and enjoyn a necessary obedi-
ence to it. But (g) g Sylvius Com-
ment. ad leg.
reg. præfat. c. 1. though our substance of na-
ture, (which is best understood of the foundati-
ons and principles, and first grounds of Naturall
Law,) may not be changed, yet functio naturæ,
(which is the exercise and application therof,) and
deduction from thence may, and must. The like
danger is in deducing consequences from this
naturall Law, of Selfe-preservation; which doth
not so rigorously, and urgently, and illimitedly
5 Pellicans,
and Bees, by S.
Ambrose, kill
themselves.binde, but that by the Law of Nature it selfe,
things may, yea must neglect themselves for o-
thers; of which the Pellican is an instance, or
an embleme. And (h) h Hexam. l. 5.
cap. 1. St. Ambrose Philosophying divinely
in a contemplation of Bees, after he hath afforded
them many other prayses, sayes [That when they
finde themselves guilty of having broken any of their Kings
—————————————————————— Part. 1. Dist. 2. Sect. 2. 47
Kings Lawes, Pænitenti condemnatione se mulctant,
ut immoriantur aculei sui vulnore.] Which magna-
nimity and justice, he compares there with the
Subjects of the Kings of Persia, who in like ca-
ses are their owne executioners. As this natu-
rall instinct in beasts, so rectified reason belong-
ing onely to us, instructs us often to preferre
publique and necessary persons, by exposing our
selves to unevitable destruction. 6 The reason
of almost eve-
ry Law is mu-
table.No law is so primary and simple, but it fore-
imagines a reason upon which it was founded:
and scarce any reason is so constant, but that cir-
cumstances alter it. In which case a private man
is Emperor of himselfe; for so (i) i B. Dorotheus
Doctrinâ 12. a devout man
interprets those words, [Faciamus hominem ad i-
maginem nostrum, id est, sui juris.] And he whose
conscience well tempred and dispassion'd, assures
him that the reason of selfe-preservation ceases in
him, may also presume that the law ceases too,
and may doe that then which otherwise were a-
gainst that law. And therefore if it be true that [it (k) k Windeck. Ca-
nonum & le-
gum consens.
& dissens.
ca. 12. belongs
to the Bishop of Rome, to declare, interpret, limit, di-
stinguish the law of God,] as their Doctors teach,
which is, to declare when the reason of the Law
7 He that can
declare when
the reason cea-
ses, may dis-
pence with the
Law. ceases: it may be as true which this Author, and
the (l) Canons affirme, that he may dispense with
that Law: for hee doth no more, then any man
might doe of himselfe, if he could judge as infal-
l 25. q. 1. sunt
quidam.libly. Let it be true that no man may at any time
doe any thing against the law of nature, yet, (m) [As
—————————————————————— Part. 1. Dist. 2. Sect. 2. 48
(m) [As a dispensation workes not thus, that I may by it m Tho. 22. q.
88. ar. 10.
disobey a law, but that that law becomes to me no law, in
8. How dis-
pensations
worke.that case wher the reason ceases;] So may any man be
the Bishop & Magistrate to himselfe, and dispense
with his conscience, where it can appeare that the
reason which is the soule and forme of the law, is
ceased. Because, (n) n Tho. 22. q.
89. ar. 9. as in Oathes and Vowes, so
in the Law, the necessitie of dispensations pro-
ceedes from this, that a thing which universally
considered in it selfe is profitable and honest, by
reason of some particular event, becomes either
dishonest or hurtfull; neither of which, can fall
within the reach, or under the Commandement
of any law; and in these exempt and priviledged
cases, (o) o Acacius de
privilegijs l. 1.
ca. 3. [the priviledge is not contrajus univer-
sale, but contra universalitem juris.] It doth onely
succor a person, not wound, nor infirme a law.
No more, then I take from the vertue of light,
or dignitie of the Sunne, if to escape the scort-
ching thereof, I allow my selfe the reliefe of a
9. As nothing
can annull the
prerogative of
Princes or
Popes, though
their own act
seeme to pro-
vide against
it; so no law
doth so de-
stroy mans li-
berty, but that
he returnes to
it, when the
reason of the
law ceases.shadow. And, as neither the watchfulnesse of Parlia-
ments, nor the descents and indulgences of Prin-
ces, which have consented to lawes derogatory
to themselves, have beene able to prejudice the
Princes non obstantes, because prerogative is in-
comprehensible, and over-flowes and transcends
all law. And as those Canons which boldly (and
as some School-men say) blasphemously say,
Non licebit Papae, diminish not his fulnesse of pow-
er, nor impeach his motus propriores, (as they call them)
—————————————————————— Part. 1. Dist. 2. Sect. 2. 49
them) nor his non obstante jure divino, because they
are understood ever to whisper some just reserva-
tion, sine justa causa, or rebus sic stantibus, so, what
law soever is cast upon the conscience or liberty
of man, of which the reason is mutable, is natu-
rally condition'd with this, that it binds so long
as the reason lives. 10. Selfe-pre-
servation be-
ing but an ap-
petition of
that which is
good to us, is
not violated
by this act.Besides, Selfe-preservation, which wee confesse
to be the foundation of generall naturall Law, is
no other thing then a naturall affection and appe-
tition of good, whether true or seeming. For cer-
tainly the desire of Martyrdome, though the bo-
dy perish, is a Selfe-preservation, because thereby,
out of our election our best part is advanc'd. For
heaven which we gaine so, is certainly good; Life,
but probably and possibly. For here it holds well
which (p) p De resurrect. Athenagoras sayes, [Earthly things
and Heavenly differ so, as Veri-simile, & Verum;]
And this is the best description of felicitie that I
have found, That q Heptapl. 10.
Pici. l. 7.
proem. [(q) it is reditus uniuscujusque
rei ad suum principium.] Now since this law of
Selfe-preservation is accomplish'd in attaining that
which conduces to our ends, and is good to us,
(for r Sylvius Com.
ad leg. reg.
præfat. l. 1. (r) liberty, which is a faculty of doing that
which I would, is as much of the law of nature as
preservation is; yet if for reasons seeming good
11. Liberty,
which is natu-
rally to be
preserved, may
be departed
with. to me, (as to preserve my life when I am justly
taken prisoner, I will become a slave; I may doe
it without violating the law of nature.) If I pro-
pose to my selfe in this Self-Homicide a grea-
ter good, though I mistake it, I perceive not G wherein
—————————————————————— Part. 1. Dist. 2. Sect. 3. 50
wherein I transgresse the generall law of nature,
which is an affection of good, true, or seeming:
and if that which I affect by death, bee truely a
greater good, wherein is the other stricter law of
nature, which is rectified reason, violated? Sect. III. 1. That can-
not be against
Law of Na-
ture, which
men have ever
affected; if it
be also, (as this
is) against sen-
sitive Nature,
and so want
the allureméts
of other sins.Another reason which prevailes much with
me and delivers it from being against the Law of
nature, is this, that in all ages, in all places, upon
all occasions, men of all conditions, have affect-
ed it, and inclin'd to doe it. And as (a) Gardan
sayes it, [Mettall is planta sepulta, and that a Mole is
Animal sepultum.] So man, as though he were
Angelus sepultus, labours to be discharged of his
a De Subtil.
lib. 5.earthly Sepulchre, his body. And though this
may be said of all other sinnes, that men are pro-
pense to them, and yet for all that frequency,
they are against nature, that is rectifyed reason,
yet if this sinne were against particular Law of
nature, (as they must hold, which aggravate it
by that circumstance,) and that so it wrought to
the destruction of our species, any otherwise
then intemperate lust, or surfer, or incurring pe-
nall Lawes, and such like doe, it could not be so
generall; since being contrary to our sensitive
nature, it hath not the advantage of pleasure and
delight, to allure us withall, which other sinnes
have. And when I frame to my selfe a Martyrologe of
—————————————————————— Part. 1. Dist. 2. Sect. 2. 51
2. There are
not so many
examples of
all other ver-
tues, as of this
one degree of
Fortitude. of all which have perished by their own meanes
for Religion, Countrey, Fame, Love, Ease, Feare,
Shame; I blush to see how naked of followers
all vertues are in respect of this fortitude; and
that all Histories afford not so many examples,
either of cunning and subtile devises, or of for-
cible and violent actions for the safeguard of
life, as for destroying. Petr. Arbiter.Petronius Arbiter who served Nero; a man of
pleasure, in the office of Master of his pleasures,
upon the first frowne went home, and cut his
Veines. So present and immediate a step was it
to him, from full pleasure to such a death. Attil. Regulus.How subtilly and curiously Attilius Regulus
destroyed himselfe? Wo being of such integri-
tie, that he would never have lyed to save his
life, lyed to lose it; falsely pleading, that the
Carthaginians had given him poyson, and that
within few dayes he should dye, though he stay-
ed at Rome. Codrus.Yet Codrus forcing of his death, exceeded this,
because in that base disguise he was likely to
perish without fame. Herennius.Herennius the Sicilian, could endure to beat
out his own braines against a post; and as though
he had owed thanks to that braine which had
given him this devise of killing himselfe, would
not leave beating, till he could see and salute it. Comas.Comas who had been a Captaine of theeves,
when he came to the to ture of examination, scor-
ning all forraigne and accessorie helps to dye, G2 made
—————————————————————— Part. 1. Dist. 2. Sect. 3. 52
made his owne breath, the instrument of his
death, by stopping and recluding it. Annibal.Annibal, because if hee should be overtaken
with extreame necessitie, he would be behol-
den to none for life nor death, dyed with poy-
son which he alwaies carryed in a ring. Demosthenes. As Demosthenes did with poyson carryed in a
penne. Aristarchus.Aristarchus when he saw that 72 yeares, nor
the corrupt and malignant disease of being a se-
vere Critique, could weare him out, sterved him-
selfe then. Homer.Homer which had written a thousand things,
which no man else understood, is said to have
hanged himselfe, because he understood not the
Fishermens riddle. Othryades.Othryades who onely survived of 300 Cham-
pions, appointed to end a quarrell between the
Lacedemonians and Athenians, when now the
lives of all the 300 were in him, as though it
had been a new victory to kill them over again,
kill'd himselfe. Democles.Democles, whom a Greeke Tyrant would have
forced, to show that he could suffer any other
heat, scalded himselfe to death. Pørtia.
Luctatius.Portia, Cato's daughter, and Catulus Luctatius
sought new conclusions, and as Quintilian calls
Declam. 17.them, [Nova Sacramenta pereundi,] and dyed by
swallowing burning coales. Terence.Poore Terence because he lost his 108 transla-
ted Comedies, drown'd himselfe. And
—————————————————————— Part. 1. Dist. 2. Sect. 3. 53
And the Poet Labienus, because his Satyricall Labienus.
Bookes were burned by Edict, burnt himselfe
too. Zeno.And Zeno, before whom scarce any is pre-
ferr'd, because he stumbled, and hurt his finger
against the ground, interpreted that as a Summons
from the earth, and hang'd himselfe, being then
almost 100 yeares old. For which act, Dioge-
nes Laertius proclaimes him to have been [Mi-
ra falicitate vir, qui incolumis, integer, sine Morbo
excessit.] Por. Latro.To cure himselfe of a quartane, Portius Latro
killed himselfe. Festus.And Festus, Domicians Minion, onely to hide
the deformity of a Ringworme in his face. Hippionas.Hippionas the Poet rimed Bubalus the Painter
to death with his Iambiques. Macer.Macer bore well enough his being called into
question for great faults, but hanged himselfe
when hee heard that Cicero would plead against
him, though the Roman condemnations at that
time inflicted not so deep punishments. Licinius.And so Cessius Licinius to escape Cicero's judge-
ment, by choaking himselfe with a napkin, had
Annal. lib. 5.(as Tacitus calls it) precium festinandi. You can
scarce immagine any person so happy, or mise-
rable, so repos'd or so vaine, or any occasion
either of true losse, or of shamefastnesse, or fro-
wardnesse, but that there is some example of it. Yet no man, to me seemes to have made har-
der shift to dy, then Charondas, who first having Charondas. G3 made
—————————————————————— Part. 1. Dist. 2. Sect. 3. 54
made a new law, that it should be death to en-
ter the Counsell Chamber armed, not onely
offended that Law, but punished it presently by
falling upon his sword. 3. Of the Ro-
mane Gladia-
tors in great
persons, and
great numbersBut the generall houre of such death
is abundantly expressed, in those swarmes
of the Roman Gladiatory Champions, which, as
(b) Lipsius collects, in some one month cost Eu-
rope b L: 1. cap. 12.
de Gladiator.30000 men, and to which exercise and pro-
fusion of life, till expresse Lawes forbade it,
c Idem. l. 2.
cap. 3.(c) not onely men of great birth, and place in
the State, but also women coveted to be admit-
ted. By Eleazars Oration recorded in (d) d De bell. Ju-
dai. l. 7. c. 28. Jose-
phus, we may see how small perswasions mo-
4 Small per-
swasions drew
men to it.ved men to this. [Hee onely told them, that the
Philosophers among the Indians did so. And that we
and our children were borne to dy, but neither borne
to serve.] And we may well collect, that in Caesars time,
5 By the Sol-
durii in France
it may be ga-
thered, that
more dyed so,
then naturally.in France, for one who dyed naturally, there dy-
ed many by this devout violence. For (e) hee
sayes there were some, whom he calls Devotos,
and Clientes, ((f) the latter Lawes call them
e Lib. 3. com.
Bell. Gall.Soldurios) which enjoying many benefits, and
commodities, from men of higher ranke, alwaies
f Tholosa. Synt.
lib. 14. cap. 10.
N. 14.when the Lord dyed, celebrated his Funerall
with their owne. And Caesar adds, that in the
memorie of man, no one was found that ever
refused it. Which devotion I have read some where continues tinues
—————————————————————— Part. 1. Dist. 2. Sect. 3. 55
6. Wives in
Bengala doe
so yet.yet in all the wives in the Kingdome of
Bengala in the Indies. 7. The Sama-
næi which
were Priests
in the Indies
used to doe it.And there not onely such persons, as doe it in
testimony of an entire dependency, and of a gra-
titude, but the (g) Samanaei, (which did not inhe-
rite Religion, and Priesthood, and wisedome, as
g Porphyr. de
Abstin. antiq.Levites did amongst the Jewes, and the Gymnoso-
phists amongst them, but were admitted by electi-
on, upon notice taken of their sanctity) are sayd to
have studied wayes how to dye, and especially
then when they were in best state of health. And
yet (h) h Heurnius de
philosoph. Bar-
bar. l. 2. ca. 2. these Priests whose care was to dye thus,
did ever summe up, and abridge all their precepts
into this one, Let a pious death determine a good life.
Such an estimation had they of this manner of
dying. (i) i Panegyr.
Theodosio. How pathetically Latinus Pacatus ex-
presses the sweetnesse of dying when we will;
8. Lat. Pacat.
expresseth this
death patheti-
cally. [Others, sayth he, after the conquest, making a bra-
ver bargaine with Destiny, prevented uncertaine death
by certaine; and the slaves scaped whipping by strang-
ling. For who ever fear'd, after there was no hope?
Or who would therefore for beare to kill himselfe, that a-
nother might? Is anothers hand easier then thine own?
Or a private death fouler then a publique? Or is it more
paine to fall upon thy sword, and to oppresse the wound
with thy body, and so receive death at once, then to di-
vide the torment, bend the knee, stretch out the necke;
perchance to more then one blow?] And then won-
dring why Maximus, who had before murdered
Gratian, and was now suppressed by Theodosius,
had not enjoyed the common benefit of killing himselfe,
—————————————————————— Part. 1. Dist. 2. Sect. 3. 56
himselfe, he turnes upon Gratian, and sayes, [Thou
Reverend Gratian, hast chased thine Executioner, and
would'st not allow him leasure for so honest a death, least
he should staine the sacred Imperiall robe with so im-
pious bloud, or that a Tyrants hand should performe
thy revenge, or thou bee beholden to him for his owne
death.] And with like passion speakes another
Panegyrique to Constantine, who after a victorie,
tooke their swords from the conquered, Ne quis
incumberet dolori. By which language one may see,
how naturall it was to those times, to affect such
dispatch. And in our age, (k) k Mætal. Metel.
præfat. in hist.
Osorij. when the Spaniards exten-
ded that Law, which was made onely against the
Canibals, 9. How the
Spaniards cor-
rected this na-
turall desire in
the Indians.that they who would not accept Chri-
stian Religion, should incurre bondage; the Indi-
ans in infinite numbers escaped this by killing
themselves; and never ceased, till the Spaniards
by some counterfeitings made them thinke, that
they also would kill themselves, and follow them
with the same severity into the next life. And thus much seeming to me sufficient, to de-
feate that argument which is drawen from Selfe-
preservation, and to prove that it is not so of parti-
cular law of Nature, but that it is often trans-
gressed naturally, wee will here end this second
Distinction. Distinct.
—————————————————————— Part. 1. Dist. 3. Sect. 1. 57 Distinction III. Sect. I. AFterAfter this when men by civilitie and mutuall
a Sylvius Com.
ad leg. reg. c.
24.use one of another, became more thrifty of
themselves, and sparing of their lives, this solem-
1 After civi-
lity and chri-
stianity quen-
ched this natu-
rall desire, in
the place ther-
of, there suc-
ceeded a thirst
of Martyr-
dome.nity of killing themselves at funeralls wore out
and vanish'd; yet leysurely, and by unsensible
dimunitions. (a) [For first in shew of it, the men
wounded themselves, and the women scratch'd and de-
faced their cheekes, and sacrific'd so by that aspersion of
bloud. After that, by their friends graves they made
graves for themselves, and entred into them alive, (as
2 How lei-
surely the cu-
stome of kill-
ing at funerals
wore out.Nunnes doe when they renounce the world.) And after
in show of this show, they onely tooke some of the earth,
and were it upon their heads: and so for the publique
benefit were content to forfeit their custome of dying] 3 Moses deli-
vered, and the
philosophers
saw the state
of the next
life, but un-
perfectly.And after Christianitie, which besides the ma-
ny advantages above all other Phylosophies, that
it hath made us clearely to understand the state of
the next life: which Moses and his followers
(though they understood it) disguis'd ever under
earthly rewards, and punishments; either because
humane nature after the first fall, till the restituti
on and dignification thereof by Christ, was ge-
nerally incapable of such mysteries, or, because
it was reserved to our blessed Saviour to inter-
pret and comment upon his owne Law, and that H great
—————————————————————— Part. 1. Dist. 3. Sect. 2. 56
great successive Trinity of humane wisedome,
Socrates, Plato, and Aristotle, saw but glimmering-
ly and variously; as also for matters of this life,
the most Stoick and severe Sect that ever Cast bri-
dle upon mankind, I say, after Christianity had
quench'd those respects of fame, ease, shame, and
such, how quickly naturally man snatch'd and
embraced a new way of profusing his life by Mar-
tyrdome? Sect. II. For whil'st the famous acts, or famous suffrings
1 That this
was for the
most part in-
sinuated
into men by
Naturall rea-
sons, and
much upon
humane re-
spects.of the Jewes, for defence even of Ceremonies,
(many thousands of them being slaine, onely be-
cause they would not defend themselves upon the
Saboth;) And whil'st the custome of that Nati-
on ever embrued in sacrifices of blood, and all,
most of all other Nations devout and carnest e-
ven in the immolation of men. And whil'st the
example of our blessed Saviour, who chose that
way for our Redemption to sacrifice his life, and
profuse his blood, was now fresh in them, and
Stromat. l. 4.govern'd all their affections, it was not hard for
their Doctors even by naturall reasons, and by
examples to invite, or to cherish their propens-
nesse to Martyrdome. 2 So procee-
ded Clement.Clement therefore when he handles this point,
scarce presents to them any other argument then
naturall men were capable of, and such food,
and such fuell, as would serve the tast and fer-
vour
—————————————————————— Part. 1. Dist. 3. Sect. 2. 5659 vour of such an one as were not curious above
Nature. As, that Death was not naturally e-
vill: That Martyrdome was the beginning of
another life. That the Heathen endured grea-
ter paines for lesse reward. That a Barbarous
people immolated every yeare a principall Phi-
losoper to Xamolxis an Idol; and they upon
whom the lot fell not, mourn'd for that. And
with most earnestnesse that Martyrdome is in our
owne power: which be arguments better pro-
portioned to Nature, then to Divinity; and
therefore Clement presumed them men inclined,
or inclinable by nature to this affection. L. cont. Gnostic.Tertullians Reasons are somewhat more sub-
lime; 3. So did Ter-
tullian.yet rather fine, and delightfull, then sol-
lid and weighty; As, That God knowing man
would sin after Baptisme, provided him, Secun-
da solatia, lavacrum Sanguinis: That the death of
Saints, which is said to be precious in Gods
sight, cannot bee understood of the naturall
death common to all: And that from the be-
ginning in Abel righteousnesse was afflicted.
And these reasons were not such as would have
entred any, in whom a naturall inclination had
not set open the gates before. Lib. de exhort.
Martyrii ad
fortunatum.
So did Cyprian.Cyprian also takes the same way; and insists
upon application of Prophecies of these two
sorts; That they should bee despised in this
world, and that they should be rewarded in the
next. To these were added externall Honours, H2 (a) An-
—————————————————————— Part. 1. Dist. 3. Sect 2. 56
(a) Annuall celebrating their Memories, and a Tertul. de Co-
rona Milit.
4 Externall
Honours to
Martyrs.entitling their deaths, Natalitia; And (b) that
early instituting of the office of Notaries to re-
gulate b Damasc. &
Platin.their passions, even in Clemens time; And
(c) the proposing their Salita capita to bee wor-
shipped; c Hadr. Junius
in Eunapii vitawhich word (though Eunapius speake
it prophanely) was not undeserved by the gene-
rall 5 Monopolie
of Martyrdommisuse of such devotion. d Fevardentius
l. 8. c. 13.
Baron. Martyr.
cap. 10.And (d) after the Monopoly of appropria-
ting Martyrdome, and establishing the benefit
thereof upon them onely which held the inte-
gritie of faith, and were in the unity of the
Church; of which persuasion Augustine, and
Hierom, and most of the Ancients are cited to be;
and then by continuall increasing the dignity
and merit of it, as that (e)e Carbo. Cas.
Cons. To. 2. pa.
2. c. 6. ex opere operato, it
purged actuall sinne, as Baptisme did originall;
And (f)f De pœniten.
Dist. 1. Si qui
autē. Ex Aug.
de pœnitent. that without Charitie, and in Schisme,
though it merited not salvation, yet it diminished
the intensnesse of Damnation. 6 Gods pu-
nishments up-
on their perse-
cutors, encou-
raged men to
Martyrdome.And by these they incited mans nature to it,
which also might be a little corruptly warmed
towards it, by seeing them ever punisht who
afflicted them, for so (g) Tertullian saies, that
g Ad Scapulam.[no City escaped punishment, which had shed Christi-
an 7. Extending
priviledges of
Martyrs to
many.bloud.] After this, they descended to admit more in-
to their fellowship, and communicate and ex-
tend h Aug. Epist.
ad Hieron. 28.
De Nat. &
Orig. Anim.these priviledges: for by such indulgence
are (h) Herods Infants Martyrs: So is John
Baptist, though he dyed not for a matter of Chri-
stian
—————————————————————— Part. 1. Dist. 3. Sect. 2. 61 stian faith: So (i)i Aphoris: E-
man. Sa. verbo
Martyr. is he which suffers for any
vertue, and he which dyes in his mothers womb,
if she be a Martyr. (k)k Tho. 22r q.
124. ar. 4. ad
quart. And so is he which be-
ing for Christian profession wounded deadly, re-
covers: and hee which being not deadly woun-
ded, dyes after of sicknesse contracted by his
owne negligence, if that negligence amounted
not to mortall sinne. 8. Contrary
reasons chee-
rished this de-
sire in them.So not onely the sickly and infirme succee-
ding Ages, but even the purest-times did cherrish
in men this desire of death, even by contrary rea-
sons; both which notwithstanding by change
of circumstances, had apparance of good. For
9 Cyprian Li-
bellatici. Com-
pounders with
the State.as fire is made more intense, sometimes by sprink-
ling water, sometimes by adding fuell. So when
their teachers found any coolenesse or remisse-
nesse in them, and an inclination to flight, or
composition with the State, then (l)l Sermo de
lapsis. Cyprian noted
such with the ignominy of Libellatici, because
they had taken an acquittance of the State, and
sayes of them [Culpa minor sacrificatorum, sed non
innocens conscientis.] And then (m)m De suga. pro-
positio, 2. Terrullian equally infames fly-
ing away, and such marchandizing, when hee
10 Tertullian
condemnes
flying in per-
secution.sayes, [Persecution must not be redeemed; for run-
ning away is a buying of your peace for nothing, and
a buying of your peace for money is a running away.] 11 Death be-
came to bee
held necessary
to make one a
Martyr.And then we shall finde that even against the
nature of the word Martyre, it became the
common opinion, that death was requisite and
necessarie to make one a Martyr. H3 So
—————————————————————— Part. 1. Dist. 3. Sect. 2. 62
So in (n) n Hist. l. 5. c. 2. Eusebius, the Christians though af-
flicted, modestly refuse the name of Martyrs,
and professe that they have not deserved it, ex-
cept they may be kill'd. 12. In times
when they ex-
ceeded in dis-
creet exposing
themselves,
they taught
that Martyres
might be with-
out dying.Contrary wise in other times when the dis-
ease of head-long dying at once, seemed both
to weare out their numbers, and to lay some
scandall upon the cause, which wrought such a
desire in men, which understood not why they
did it, but uninstructed, uncatechized, yea un-
baptized, (but that the charity of the Supervi-
vers imputed to them Baptisma fluminis, as they
hope, or at least, Sanguinis, for that they saw)
did onely, as they saw others doe; Then I say
(as (o)o Azor. Mor.
Inst. p. 2. l. 5.
cap. 7. a Learned Writer of our time sayes),
[That the Church abstaines from easie Canonizing,
Ne vilesceret Sanctit as] (which is not here Holi-
nesse, but Saintship) least the dignity of Mar-
tyrdome should be aviled by such promiscuous
admittance to it, they were often contented to
allow them the comfort of Martydome without
dying; which was but a returning to the natu-
turall sense of the word. Ad Polycarp.So Ignatius stiles himselfe in his Epistles, Mar-
tyr. Yea more then the rest he brought down the
value thereof, and the deare purchase, for he sayes
p Ad Smirnen. (p) [That as he which honors a Prophet in the name of
a Prophet, shall have a Prophets reward; So hee shall
have a Martyrs reward which honors [vinctum Chri-
sti.] And so our most blessed Saviour, proceed-
ing in his mercifull purpose of encreasing his King-
—————————————————————— Part. 1. Dist.. 3. Sect. 2. 63
Kingdome upon earth, yet permitting the Hea-
then Princes to continue theirs as yet, the Christi-
an Religion was dilated and oppressed; and the
professors thereof, so dejected and worne with
confiscations and imprisonments, thought that as
in the (q) q Exod. 12. 7. Passeover from Egypt every doore was
sprinkled with blood; So Heaven had no doore
from this world but by fires, crosses, and bloody
persecutions: and presuming Heaven to be at the
next step, they would often stubbornly or stu-
pidly winke, and so make that one step. God forbid any should be so malignant, so to
mis-interpret mee, as though I thought not the
blood of Martyrs to be the seed of the Church, or dimi-
nished the dignity thereof; yet it becomes any in-
genuity to confesse, that those times were affected
with a disease of this naturall desire of such a
death; and that to such may fruitfully be applyed
those words of the good B: Paulinus, r Severo. ep. 2. (r) [Athleta
non vincit statim, quia eruitur: nec ideo transnatant,
quia sespoliant.] Alas! we may fall & drown at the
last stroke; for, to say le to heaven it is not enough
to cast away the burdenous superfluities which
we have long carried about us, but we must also
take in a good frayte. It is not lightnesse, but an
s De Contempt.
mortis.even-reposed stedfastnesse, which carries us thi-
ther. 13 Cyprian.
profes. Men
who offered
their lives be-
fore they were
called.But (s) Cyprian was forced to finde out an an-
swer to this lamentation, which he then found to
be common to men on their death beds, [Wee
mourne because with all our strength we had vowed our selves
—————————————————————— Part. 1. Dist. 3. Sect. 2. 64
selves to Martyrdome, of which we are thus deprived,
by being prevented by naturall death.] And (t) t Baroni. Mar.
2. Ian. H. for
them who before they were called upon, offered
themselves to Martyrdome, he is faine to provide
the glorious and satisfactory name of Professors. 14 Enforcers
of their owne
Martyrdome.From such an inordinate desire, too obedient
to nature, proceeded the fury of some Christians
u Euseb. Hist.
l. 8. c. 9. (u) who when sentence was pronounced against
others, standing by, cryed out, Wee also are Chri-
stians. 15 Examples
of inordinate
affecting of
Martyrdome.
Germanus.And that inexcusable forwardnesse of Germa-
nus, (x) who drew the beast to him, and enfor-
ced it to teare his body; And why did he this?
Eusebius delivers his reason; That he might bee
x Hist. l. 4. c.
14.the sooner delivered out of this wicked and sinfull
life. Which (y) acts Eusebius glorifies with this
y Hist. l. 4. c.
10.prayse, [That they did them mente digna Philoso-
phis] So that it seemes wisest men provoked
this by their examples; As (z) Meir. & Iosep. at the burning
z Ioseph. de bel.
Iud. l. 7. c. 11.of the temple at Hierusalem, Meirus and Iosephus,
though they had way to the Romans, cast them-
selves into the fire. How passionately (a) a Ignati. epist.
ad Roman. Igna-
tius solicites the Roman Christians not to inter-
rupt his death. [I feare saith he, your charity will
hurt me, and put me to beginne my course again,
except you endeavour that it may be sacrificed now.
I professe to all Churches; 16 Ignatius
solicitation for
it. quod voluntarius mo-
rior] [And after, Blandiciis demulcere feras;
entice and corrupt the Beasts to devoure me, and to be
my sepulchre, fruar best is, Let me enjoy those beasts,
whom I wish much more cruell then they are; and if they
—————————————————————— Part. 1. Dist. 3. Sect. 2. 65
they will not attempt me, I will provoke and draw them
by force] And what was Ignatius reason for this,
being a man necessary to those Churches, and
having allowable excuses of avoiding it? [quia
mihi utile mori est.] such an intemperance urged
Edissena.the woman of Edissa, (b) when the Emperour
b Nicephor. l.
11. c. 21.Valens had forbidden the Christians one temple,
to which particular reasons of devotion invited
them, to enrage the Officers with this Contume-
ly, when they asked her, why thus squallid, and
headlong she dregg'd her sonne through the
streets, I do it least when you have slaine all the
other Christians, I and my sonne should come
to late to partake that benefit. And such a dis-
orderly c Speculum
vinc. To. 4. l.
11. c. 40.heate possessed that (c) old wretched
man, which passing by after the execution of a
whole legion of 6666, by iterated decimation, un-
der Maximianus, although he were answered that
they dyed, not onely for resisting the Roman
Religion, but the State, for all that, wish't that
he might have the happines to be with them, and
so extorted a Martyrdome. For that age was
growne so hungry and ravenous of it, that ma-
ny were baptized onely because they would be
burnt, and children taught to vexe and provoke
d Bod. Dæmon.
l. 4. c. 3. ex Ter-
tulli.Executioners, that they might be thrown into
the fire. 17 Lawes
forbidding
more executi-
ons made to
despite Chri-
stians.And this assurednesse that men in a full per-
swasion of doing well would naturally runne to
this, made (d) the proconsul in Africk proclaime,
Is there any more Christians which desire to dy, I and
—————————————————————— Part. 1. Dist. 3. Sect. 2. 66
and when a whole multitude by generall voice
discovered themselves, he bid them [Goe hang and
drown your selves and ease the Magistrate.] And
this naturall disposition, (e) e Alc. 72. Az. afforded Mahomet an
argument against the Jews, [if your Religion be so
good, why doe you not dy?] for our primitive
Church was so enamored of death, and so satis-
fied with it, that to vex and torture them more,
f Ex Tertul.
Bodin. supra (f) the Magistrate made lawes to take from them
the comfort of dying, and encreased their per-
secution by ceasing it, for they gloried in their
Numbers. 18 Glory in
the numbers
of Martyrs.And as in other warfares men muster and rec-
kon how many they bring into the field, their
confidence of victory was in the multitudes of
them which were lost. So they admit into the
Catalogue Herods Infants, and the 100 Virgins.
And (g) g Specul. Vin.
To. 4. l. 10 c.
88. when 9000 Souldiers under Adrian by
apparition of an Angel are said to have embra-
ced Christian Religion, and when the Emperour
sent others to execute them, 1000 of those exe-
cutioners joyn'd to them and so the whole 10000
were crucified (h) h Supra. fo. 66. And of an intirelegion mas-
sacred at once we spoke but now. And Baronius
i Baron. Mart.
22. Iune. (i) speakes of 10000 crucified in Armenia, celebra-
te upon the 22th. of June: whether divers from
the 10000 under Adrian or no, I have not exa-
mined. (k) k Homil. 27. in
Evangel. Saint Gregory says, [Let God number
our Martyrs, for to us they are more in number then
then the sands.] And l Martyrolog.
cap. 8. (l) Baronius saies, That except-
ing the first of January, (which yet in the Roman Mar-
—————————————————————— Part. 1. Dist. 3. Sect. 3. 67
Martyrologe records as many, as most other
daies) there is no day which hath not 500
Martyres; almost every one hath 900, or
800. Sect. III. 1. That He-
retiques seeing
the dignity
gained by
Martyrdome,
laboured to a-
vert them from
it, but could
not correct
this naturall
inclination.And when the Church encreased abundantly un-
der all these pressures, (for, As in profane and secu-
lar wars, the greater the Triumphs of a Conque-
rour are, the greater also are his Armies, because
then more and more concur to his splendor, and to
praticipate his fortunes; So in this spirituall war-
fare,) the greater the triumphant Church was,
the greater grew the Militant, assisted both with
the Example & Prayers of the other. And when
all these treadings downe did but harrow our
Saviours field, and prepare and better it for his
Harvest, The bloud of the Martyrs (for though,
as I say still, very many dyed out of a naturall
infirmitie of despising this life, a great number
had their direct marke upon the glory of God,
and went to it awake) having, as a (a) a Lib. 4. cap. 2. Nice-
phorus sayes, almost strangled the Devill, hee
tryed by his two greatest Instruments, (when
2. The Devill
labours the
Magistrates
to quench their
desire of dyingthey are his) the Magistrate, and the Learned,
to avert them from this inclination. For, suggesting to the Magistrate that their
forwardnesse to dye, grew onely from their faith
in the Resurrection, he (b) b Specul. Vinc.
To. 4. cap. 102.
lib. 10. procur'd there bo
dyes to be burnt, and their ashes scattered into I2 Rivers,
—————————————————————— Part. 1. Dist. 3. Sect. 3. 68
Rivers, to frustrate and defeat that expectation;
And he raised up subtile Heretiques, to infirme
and darken the vertue and majestic of Martyr-
dome. Basilides heres.
Anno 134.Of which the most pestilently cunning Basi-
lides, foresuspecting that hee should not easily
3. Basilides de-
nyed Christ to
have been cru-
cifyed, & that
therefore they
dyed madly.remove that desire of dying, which Nature had
bred, and Custome confirmed in them, tryed
to remove that which had root onely in their
Religion, as being yet of tenderer growth, and
more removable then naturall impressions. Ther-
fore he offered not to impugne their exposing
themselves to death in all cases, but onely said,
c Alfon. Castr.
verb. Martyr.
ex Philast. (c) that it was madnesse to dye for Christ, since
he, by whose example they did it, was not cru-
cified, but Symon who bore the Crosse. Another (d) d Prateolus l.
5. ex Niceph. Heretique, called Helchesar, per-
ceiving that it was too hasty to condemne the
4. Helchesar
that outward
profession of
Religion was
not needfull.act of Martyrdome even for Christ, thought
onely to slacken their desire to it, by teaching,
that in time of Persecution, so wee kept our
heart at Anchor safe, we were not bound to te-
stifie our Religion by any outward act, much
lesse by dying. 5. That also
the Gnostici
taught, and
why they pre-
vailed not.Which Doctrine the Gnostici also taught, but
prevailed little, both because the contrary was
rooted in Nature, and because they accompa-
nied this doctrine, with many others, foule and
odious even to sense; and because they were
resisted by Tertullian, a man mighty, both in his
generall abilities, and in his particular and profes-
sed
—————————————————————— Part.. 1. Dist. 3. Sect. 4. 69 sed earnestnesse to magnifie Martyrdome: And
against these he writ his Scorpiacum. Sect. IIII. 1. That He-
tiques failing
herein, tooke
naturall ways,
of overtaking
the Orthodox
in Numbers
of Martyrs.This way giving no advantage to Hereticks,
they let loose the bridle of their owne nature
too, and apprehended any occasion of dying as
forwardly as the Orthodoxall Christians. And
because the other prescrib'd against them, and
were before hand with them in number, to
redeeme time and overtake them, they constitu-
ted new occasions of Martyrdome. (a) 2. Petilian
new way of
Martyrdom. Petilian against whom St. Aug: writ, taught,
that whosoever kill'd himself as a Magistrate, to
a Alf. Castr.
ver. Martyriumpunish a sinne committed before, was a Martyr. 3. Another
new way of the
Circumcelliones
& Circuitores.And they who are by Saint Augustine, and
others, called Circumcelliones, and Circuitores, (be-
cause (I thinke) as their Master, they went a-
bout to devoure) would entreate, perswade, en-
force others to kill them, and frustrated after all
those provocations, would doe it themselves,
and by their survivors bee celebrated for Mar-
tyrs. These were of the (b) b To. 2. Ep. 50. Donatists, of whom
Saint Augustine sayes, To kill themselves out of
respect of Martyrdome, was Ludus Quotidianus
Other Hereticks also, whose errors were not
4. The Cata-
phrgyæ exceed
in Number.about Martyrdome, hastened to it. So the
(c) Cataphrygae, who erroniously baptizing the
c Prateolus.dead, Ordaining Women, Annulling second
Marriges, and erring in such points, (d) d Baron. Mar-
tyr. C. 10. could
soone boast of their number of Martyrs; per-
I3 chance
—————————————————————— Part. 1. Dist. 3. Sect. 5. 70 chance because Tertullian being then on their part,
they found him, as he was wheresoever hec me,
a hot encourager of men to Martyrdome. It is
complain'd in e Hist. l. 5. c. 15 (e) Eusebius, that Heretiques see-
ing their arguments confuted, fled now to their
f Baron. Mar-
tyrol. ca. 10. Ex
Epiph. Hær. 80number of Martyrs, in which they pretended
to exceed the others. And from their numbers
g Schultingius,
To. 3. ca. 177.
10. Euphemitæ
therefore cal-
led Martyriansof Martyres, (f) the Euphenita called themselves
Martyrians. And thereupon (g) Baronius saies,
[Amongst the heathen, perchance you may heare, and
there find one Empedocles, which will burne himself,
but amongst the Donatists, Hominum examina.] Sect. V. 1. Hereupon
Councels took
it into their
care to distin-
guish true
Martyrs, from
those who dy-
ed for naturall
and humane
respects.
a Conc. Laodic.
Can. 33.So that the authoritie gained by their forward-
nesse to equall the number of true Martyrs, was
so great, and began so farre to perplex the world,
that some Councels foreseeing, that if both sides
did it equally, it would all be imputed to hu-
mane respects, began to take it into their care to
provide against it. And thereupon (a) our Coun-
cell exhibites an expresse Canon. That no Chri-
stian leaving true Martyrs, should goe to false,
Quia alieni à Deo. And (b) another corrects
b Conc. Carth.
1. C. 2.the other Heresie of diminishing the reputation
of Martyrs thus, Martyrum dignitatem nemo pro-
fanus infamet. SECT.
—————————————————————— Part. 1. Dist. 3. Sect. 6. 71 SECT. VI. 1 Therefore
later Authors
do somewhat
remit the Di-
gnity of Mar-
tyrdome.Thus when the true Spirit of God drew ma-
ny, the spirit of Contention many, and other
naturall infirmities more, to expose themselves
easily to death, it may well be thought, that
from thence the Authors of these latter Ages;
have somewhat remitted the intensnesse of Mar-
tyrdome, and mingled more allayes, or rather
more metall, and not made it of so great value
a 22. q. 124.
ar. 3.alone, as those earnest times did: for since (a)
Saint Thomas said, [That though Martyrdome be a
worke of greatest perfection, yet it is not of it selfe, but
as it is wrought by charity, and expresses that] Vasquis (b) b De Adorati-
one l. 1. N. 42. reprehends Cordubensis for saying that
it is any worship of God: for [it is not sayes he,
a Sacrifice nor worke of Religion, but of fortitude,
which is but a morall virtue] Therefore it is now
c Navar. Man.
c. 11. Nu. 40. (c) taught, [that it is a mortall sinne to provoke an-
other to inflict Martyrdome.] And (d) a Martyr,
d Carbo. Cas.
Cons. To. p. 2. c.
6.(though Martyrdome purge much) is bound to
clense himselfe by everv one of the Degrees of
penance, for saith Carbo, [it is not Sacramen-
tum, but opus privilegiatum.] So they seeme
tender and loth by addition of religious incite-
ments, to cherish or further that desire of dying,
to which by reason of our weaknesse, and this
2 The Iesuits
still professe
an enormous
love to such
death.worlds encumbrances, our nature is too pro-
pense and inclined. Onely the Iesuits boast of their hunting out of Mar-
—————————————————————— Part. 1. Dist. 4. Sect. 1. 72
Martyrdome in the new worlds, and of their
rage till they finde it. (e) e Clarus Bo-
narsicus Amphi-
theat. Hono. l. 1.
c. 4. He which hath
brought them all upon one Scene, saies that
[Altonsus Castro at his execution in the Molucca,
was so overjoyed that he forgot his modesty:] [Rapi-
mus Martyrium, sayes he, spontanea irruptione,]
And [one would think that it were a disease in us,]
[Which we doe, least the rest of our life should be
Meritis sterile, & gloria vacuum] [we bargaine
and contract with our profession, upon that Condition,
that we may prodigere animas in hostili ferro;]
[And we possesse no more, then such small matters as
onely serve to cut off our life.] So that, if this desire
of dying be not agreeable to the nature of man,
but against it, yet it seemes that it is not against
the nature of a Iesuite. And so we end this Di-
stinction, which we purposed onely for the con-
sideration of this desire of Martyrdome, which
swallowed up all the other inducements, which,
before Christianity contracted them, tickled and
inflamed mankinde. Distinction IIII. Sect. I. 1 Lawes and
customes of
well policed
estates having
admitted it, it
is not likely to
be against law
of Nature. THereThere remaines onely for the fourth and last
Distinction of this first part, our reason by
which this Self-Homicide seemes to me to stian
—————————————————————— Part. 1. Dist. 4. Sect. 1. 73
escape the breach of any Law of Nature, which
is, that both expresse literall Lawes, and mute
Law, custome, hath authorized it, not onely by
suffering, and connivency, but by appointing
it. 2 True and
Idæated com-
mon-wealths
have allowed
it.And it hath the countenance not onely of
many flourishing and well policed states, but also
of Imaginary Common-wealths, which cun-
ning Authors have Idaeated, and in which such
enormous faults are not like to be admitted.
Athenians.Amongst the Athenians condemned men were
their own executioners by poyson. And amongst
Romans.the Romans often by bloodlettings. And it is
Depontum.recorded of many places, that all the Sexagenarii,
were by the lawes of wise States, precipitated
fro~ a bridge. Of which, if a Hierogliph.
l. 17. (a) Pierius his conjecture
be true, that this report was occasioned by a
custome in Rome, by which men of that age
were not admitted to surffage; And because the
way to the Senate was per pontem, they which
Ceans.for age were not permitted to come thither,
b Ælianus.
l. 3. cap. 26.were called Depontani, yet it is more certaine, that
(b) amongst the Ceans unprofitable old men
poysoned themselves; which they did crown
c Diod. Sicul.
l. 2. bib.
Æthiopians.with garlands, as triumphers over humane mi-
sery. And the (c) Ethiopians loved death so well,
d Dig. l. 48.
tit. 3. leg.
final.that their greatest Malefactors being condemned
to banishment, escaped it Ordinarily by killing
3 Civill law
and all others,
presume it, in
condemned
men.themselves. (d) The civill law, where it ap-
points no punishment to the delinquent in this
case, neither in his estate nor memory, punishes K a
—————————————————————— Part. 1. Dist. 4. Sect. 1. 74
a keeper, if his prisoner kill himselfe; out of a
prejudice, that if meanes may be afforded them,
they will all doe so. And do not we see it to be the custome of all
Nations now, to manacle and disarme condem-
ned men, out of a fore-assurance that else they
would escape death by death? e Vtop. l. 2. c. de
servis. (e) Sir Thomas
Moore (a man of the most tender and delicate
4 In Vtopia
authorised.conscience, that the world saw since Saint Au-
gustine) not likely to write any thing in jest mis-
chieuously interpretable, sayes, That in Vtopia,
the Priests and Magistrates did use to exhort
men afflicted with incurable diseases, to kill
themselves, and that they were obeyed as the
interpreters of Gods will; But that they who
killed themselves without giving an account of
their reasons to them, were cast out unburied.
5 And by
Plato in cer-
taine cases.And (f) Plato who is usually cited against this
opinion, disputes in it, in no severer fashion, nor
f De leg. 9.more peremptory then thus, [What shall we say
of him, which kills his nearest and most deare friend?
which deprives himselfe of life, and of the purpose of
destiny? And not urged by any Sentence, or Heavy
Misfortune, nor extreame shame, but out of a coward-
linesse, and weaknesse of a fearfull minde, doth un-
justly kill himselfe? What Purgatory, and what
buriall by law belongs to him, God himselfe knowes.
But let his friends inquire of the Interpretors of the
law, and doe as they shall direct.] You see nothing
is delivered by him against it, but modestly, limi-
tedly, and perplexedly. And
—————————————————————— Part. 2. Dist. 1. Sect. 1. 75
And this is all which I will say of the first 6 Conclusion
of the first
part.
member of that definition of sinne which I
undertooke, which is, transgressing of the Law
of Nature. Wherein I make account that I have
sufficiently delivered and rescued this Selfe-ho-
micide, from any such violating of the Law, as
may aggravate the fact, or make it hainous. Second Part. Distinction I.
Of the Law of Reason.
Sect. I. THatThat part of the Definition of sin, which
1. That the
law of reason,
is, conclusi-
ons drawne
from pri-
mary rea-
son by dis-
course. 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. K2 Rea-
—————————————————————— Part. 2. Dist. 1. Sect. 2. 76
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 derived from primary and originall
Reason, which is light of nature. 2. How much
strength, Rea-
sons deduced
have.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. Sect. II. 1. Of this sort
of Reasons,
generall lawes
have the grea-
test authority.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
—————————————————————— Part. 2. Dist. 1. Sect. 2. 77
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 whe~ 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. 2. For that is
of there es-
sence that they
agree with law
of Nature.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 K3 hath
—————————————————————— Part. 2. Dist. 1. Sect. 2. 78
hath no more strength, then an usurper, whom
they which obey, watch an oportunity to dispos-
sesse.) 3. And there is
better testi-
mony of their
producing,
then of private
mens opinions 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 admit-
ted, then any one man can be. For a Dig. l. 1. tit. 3.
le. 1. lex est. (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. Sect. III. 1. Of lawes,
the Imperiall
law ought first
to be conside-
red.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
a Dig. l. 1. T. 1.
le. 9. omnes.bee the same, (as wee said before) as Rocta Ra-
tio, and so not differ from the law of Nature. To
—————————————————————— Part. 2. Dist. 1. Sect. 3. 79
To my understanding, the Civill or Imperiall
2 The reason
of that law is
not abolished,
but our de-
pendency up-
on it. 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. 3 Why this is
called civill
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,) 4 Of the vast-
nes of the
books from
whence it is
concocted, and
and of the ex-
tent thereof.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, Decrees of the Senate, Plebe-
scites, Responsa Prudentum, and Edicts of Emperors,
b Iustinian. ep.
ad Trebonian.from 1400. yeares before Justinian, to so
long time after, as the Easterne Emperors made
c Iustinian epi.
ad DD. de Jur.
docend. arte. 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) d Wind. Theo-
log. Iur. almost
all the points controverted betweene the Romane
and the reformed Churches, may be decided and
5 Nothing in
this law
against our
case. appointed by it. This Law, I say, which both by
penalties, and Anathemaes, hath wrought upon
bodies, fortunes, and consciences, hath pronoun-
ced nothing against this Selfe-homicide, which we
have now in disputation. It
—————————————————————— Part. 2. Dist. 1. Sect. 3. 80
It is true that of Adrian the Emperor, who was 6. Of the law
of Adrian.
about 120. yeares after Christ, we finde one Re-
script, in the body of the Law, [(d) d Dig. lib. 48.
tit. 19. le. 38.
Si quis aliquid.
Qui miles. That if a
Souldier do attempt to kill himselfe, and not effect it,
except he offred it upon impatience of griefe, or sicknesse,
or sorrow, or some other cause, capite plectatur.]
Which Rescript is repeated againe in another
e Dig. lib. 49.
tit. 10. le. 6.
Omne deli-
ctum. (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
—————————————————————— Part. 2. Dist. 2. Sect. 1. 81 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
inhœrent character of Souldiership, enjoy all
those advantages, which those Lawes afforded
them. There is (h) h Dig. l. 48. tit.
21. le. 3. Qui
rei. one law more in the body of the
Civill Law, which seemes to reach farther, be-
cause 7 Of the other
law for guilty
men.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. Distinction II. Sect. 1. THatThat which they call the Canon Law is of 1 Of the Ca-
non Law.
larger extent then this; for it reaches to bind
the Princes themselves, at least by their accepta-
tion and submission to it. L And
—————————————————————— Part. 2. Dist. 2. Sect. 1. 82
And 2 The largnes
of the subject,
and object
thereof.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. 3 Of Codex
Canonum, or
the body of
the law, in use
in the primi-
tive Church.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) a Dist. 10.
certum est. 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) b Dist. 10.
vestrum. Leo 4. intreated and obtained the same from
Lotharius. From this Codex Canonnm; the Empe-
rors determined and decreed in many Ecclesia-l
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. 4 Of the Ad-
ditions to this
Codex.But for those immense additions growne to it
since that time, of Bulls, and Decretall Letters of
Popes, Decrees of suspitious and partiall and
Schismatick Councels, (for nothing is more pro-
perly Schisme, and Solutio continui, than a rent be-
tweene the Civill and Ecclesiastique State; which occa-
—————————————————————— Part. 2. Dist. 2. Sect. 2. 83
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
5 Canon law
apter to con-
demne then
Civill, and
why. 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) c Paleotus de
nothis c. 19. the Canon Lawes which punish
onely medicinally, and for the soules health,
are apt to presume or beleeve a guiltinesse, upon
light evidence, because those punishments ever
worke good effects, whether just or no. Sect. II. 1 That this
proposition is
not hereticall. And first because heresie which is laesa Majestas
Divina, of all crimes is the principall object of
that Court, I say, that this proposition, is not by
any thing extant in the Canon law, (and there-
fore not at all) hereticall, allowing to them their L2 largest
—————————————————————— Part. 2. Dist. 2. Sect. 2. 84
largest definition of heresie; which is, (a) [Any
a Simancha
Enchirid. Iud:
tit. 24. nu. 2.thing which is against Catholique faith, that is Scri-
ptures rightly understood; Or the traditions and defi-
nitions 2 A large de-
finition of he-
resie. 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. 3 No defini-
tion of the
Church in the
point. 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. 4 Nor Canon No decree of any generall Councell. No 5 Nor Bull.
b Moral. Instit.
to. 1. l. 2. c. 13.rescript or Bull of any Pope. And for the com-
mon opinion of the Fathers (besides that it can
6 Of the co-
mon opinion
of Fathers,
how it varies
in times and
places. be no safe rule,) because as (b) [Azorius notes,
Controverters often say on both sides, this is the com-
mon opinion; And certainely that is the common opi-
nion
—————————————————————— Part. 2. Dist. 2. Sect. 2. 85 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) c 23. q. 5. Gra-
tian 7 Gratian
cites but two
fathers, one of
which is of
our side.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. 8 Of that part
of the Canon
Law, to
which Cano-
nists will
stand.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) d Auto. Augu-
stin. l. de emen-
dat. Gratian.
l. 1. dial. 1. de
titulo. That he is scarce worth so much
reprehension; who having nothing that is profitable or
of use, except he borrows it, is admired of the ignorant,
and laughed at of the learned,] (e) [who never saw
9 A Cathol.
Bishops cen-
sure of Grati-
ans Decret.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
e Idem dial. 4.Eugenius 3, as is fasly attributed to it.] Yet all-
though f Idem dial. 3.Gratian have not so much authority, that L3 by
—————————————————————— Part. 2. Dist. 2. Sect. 3. 86
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 binde by a stronger obligation in the Canon,
which (g) g De libris ju-
ris Canon. c. 2. Alb. Gentilis proves to be against the
common opinion.) yet by consent, thus much is
afforded him, that places cited by him, have as
much authority in him, as they had in the Author
from whom he tooke them. And therefore when
we come to handle the Reasons of particular
Authors, we will pretermit none whom Gratian
hath cited, for that is their proper place. Sect. III. 1 What any
Councels
have done in
this point.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 23. q. 5.
placuit. a Canon of the Bracca-
rense Councell cited by him. But first, (although he have it not) wee will
not conceale the (b) b Concil. Anti-
sidor. sub Greg.
1. An. 590. Antisidorense Councel, (which
was before the other, under Gregor. 1. Anno
590.) For as the Civill Lawes by limitation
of persons and causes, gave some restraint and
correction to this naturall desire of dying when
we would, which they did out of a duty to
sinew and strengthen, as much as they were able
—————————————————————— Part. 2. Dist. 2. Sect. 3. 87
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) c Canon. 17. Canon then hath these words, [If
3 The Coun-
cel of Antisid.
onely refused
their oblations 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. 3 This was
but a Dioce-
san Councell.Neither was it much obligatory, or con-
siderable, what it had decreed, being onely
d Notæ Binnij
in Conc. Antis.
To. 2. fo. 955. (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) e 23. q. 5. pla-
cuit. Gratian cites
and besides which two I finde none) hath these
4 The Braccar
Councel in-
flicts two
punishments. words, [For those that kill themselves, there shall be
no commemoration at the oblation, nor shall they bee
brought to buriall with Psalmes.] which intimates, as
—————————————————————— Part. 2. Dist. 2. Sect. 3. 88
as the language of the Canon Law is, Caninam se-
pulturam. But the (f) f 24. q. 2. Sane
quid. glosse upon this doth evict from
another Canon, that if the person were not
under 5 The first,
not praying
for them, is
of them who
did it when
they were ex-
communicate. 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) g Decret. l. 5.
tit. 13. de tor-
neamentis. 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. 6 The second,
which is deni-
all of buriall,
is not alwayes
inflicted for
offences; as
appears in an
interdict lo-
call. 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 h 13. q. 2. anim. funerall profits a wicked man, so much a base,
or none at all hurts a godly.] Lastly, that (i) i Li. 3. tit. 7. de
sepulchris. Eos
qui. 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
—————————————————————— Part. 2. Dist. 2. Sect. 1. 89 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) k Sylv. ad leg.
Reg. c. 11. the Romans in their Religious Di-
scipline, refused solemne buriall, to any which
perished by lightnings, (l) l P. Manut. de
leg. Rom. though they bu-
ried offenders in the towne, as they did Vestals
7 Romans bu-
ried such of-
fenders as had
satisfied the
Law within
the towne,
as Vestals,
and Empe-
rors. 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. M Distin-
—————————————————————— Part. 2. Dist. 3. Sect. 1. 90 Distinction III. Sect. I. 1 Of the laws
of particular
Nations. 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. 2 Of our law
of Felo de se.
Br act. f. 150. By our Law therefore, as it hath not beene
long in practise, (for Bracton seemes not to
know such a Law,) when allowing an intire 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
b Plowd. Com.
Hales his case. charitable uses. 3 That this is
murder in our
law; And the
reasons which
entitle the
King. And (b) it is not onely Homicide, but Mur-
der, And yet the reasons alledged there, are but
these, That the King hath lost a Subject, that his
Peace is broken, and that it is of evill example. Since
—————————————————————— Part. 2. Dist. 3. Sect. 1. 91
Since therefore, to my understanding, it hath 4 Our natu-
rall desire to
such dying,
probably in-
duced this
law.
no foundation in Naturall nor Emperiall Law,
nor receives much strength from those reasons,
but having by 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. 5 As in States
abounding
with slaves,
the Law-ma-
kers quenched
this desire. 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
c Bodin Rep. l.
1. c. 2. & l. 6.
c. 1.time, Isidorus had above 4000. And (e) Vedius
Pollio so many, that he alwayes fed his fish in
d l. 33. c. 10. ponds with their blood; and since servitude hath
e Sebast. Med.
de Venat. Pisca.
et aucup. q. 41.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;) f Aug. de Civi.
Dei l. 4. c. 27. It was therefore thought necessary by
lawes, and by opinion of Religion, (as (f) Scae-
vola 6 Least it
should draw
too fast; as
Hunting and
Vsury are;
and as wine
by Mahom. 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. g Pruckinan.
de Venat. Pisc.
& Aucup. c. 4.And therfore it seemes to be so prohibited, as
a (g) Lawyer sayes, hunting and usery is [Ne
inescarentur homines] and as h Pompon. de
Incantat. c. 10. (h) Mahomet to
withdraw his Nation from wine, brought them M2 to
—————————————————————— Part. 2. Dist. 3. Sect. 1. 92
to a religious beliefe, that in every grape there
was a Devill. 7 And as se-
vere lawes a-
gainst stealing 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 B. Dorotheus
doct. 11. (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) k Binnius to. 3.
par. 2. f. 1476.
An. 1237. 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 8 When a
man is bound
to steale. 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. 9 Scotus opi-
nion of day
theeves.And (l) Scotus disputing against the Lawes of
those Nations, which admit the death of a theife
l 4. Dist. 15.
q. 3. robbing by day, because (m) whoever kills such
a theife, is expresly by Gods Law a murderer,
m Exod. 22. 3. 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,
—————————————————————— Part. 2. Dist. 3. Sect. 2. 93
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 Tholosa. Syn.
l. 36. c. 22. nu.
13. ex Buteler.
in summa ru-
rali. (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
10 Of such a
law in Flaun-
ders. the Army against the Turk, which be strong
and urgent circumstances to reduce men from
this desire. Sect. II. 1 Severe lawes
are arguments
of the peoples
inclination,
not of the hai-
nousnesse of
the fault. 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 e Epist. ad
Philip. (a) Ignatius and many others, even intire
Councells, were forced to pronounce, that who-
M3 soever
—————————————————————— Part. 2. Dist. 3. Sect. 2. 94 soever fasted upon Sundayes were Murderers' of 2 Sunday fast
extremly con-
demned there-
upon.
Christ. So in France the Lawes abound against Duells,
3 So Duells in
France.to which they are headlongly apr.
So are the resolutions of the Spanish Ca-
suists, 4 So Bull-bai-
tings in Spain.and the Bulls of the Popes, iterated and
aggravated in that Nation, against there Bull-
bayting, to which they are so enormously addi-
cted, Navar. Manu.
li. 15. nu. 18. which yet of it selfe is no sinne, as Navar
retracting his opinion after 70 yeares holds at
last. 5 Gentle laws
diminish not
the nature of
rape, nor
witchcraft. 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 Cap. 67. (b) Salique law
punishes a witch, which is convict to have eaten
a man, pecuniarily, and at no high price. And
therefore (c) c H. de his qui
not. infam. l. 2.
S. 1. nu. 2. Bartolus allowes that in cases of
publique profit or detriment, the Judges may
6 Publique
benefit is the
rule of exten-
ding or re-
straining all
lawes by Bar-
tel. 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. 7 If other
Nations con-
cur in like
lawes, it shews
their inclina-
tion to be ge-
nerall. 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
—————————————————————— Part. 2. Dist. 3. Sect. 3. 95
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. Sect. III. 1 The custom
of the Iewes,
and the law of
the Athenians
evict nothing. 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
a De bello Jud.
l. 3. c. 13. 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 admitted, 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 Buxdor. Syn.
Iudais c. 34. (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
—————————————————————— Part. 2. Dist. 3. Sect. 4. 96
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. Sect. IIII. 1 The reason
drawne from
remedies a-
gainst it,
proves no
more. That reason which is grounded upon the E-
dict of Tarquinius Priscus, (a) who when this
desire of Death raigned amongst his men like a
contagion, cured it by an opprobrious hanging
a Pliny. li. 36.
cap. 13.up their bodies, and exposing them to birds and
beasts. And (b) upon that way of reducing
b A. Gellius
li. 15. c. 10.the Virgins of Milesium, who when they had a
wantonnesse 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 solicitude 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. SECT.
—————————————————————— Part. 2. Dist. 4. Sect. 1. 97 Distinct. IV. WEeWee will now descend to those reasons 1. Of reasons
used by parti-
cular men, be-
ing Divines.
which particular men have used for the
detestation of this action. And first we will pay
our debt to Gratian, in considering the places
cited by him, and after, the other reasons of 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. Sect. I. 1. Of S. Au-
gustine and his
Argument.The (a) first place then, is in an Epistle of
Saint Augustine to Donatus the Heretique; who
a 23. q. 5. Du-
plicet. 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 save 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 N from
—————————————————————— Part. 2. Dist. 4. Sect. 1. 98
from them, who would have forced them to do
things to their soules destruction. 2. Of St. Aug.
comparatively
with other Fa-
thers. 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
3. Comparison
of Navar and
Sotus. these times, comparing Navar and Sotus, 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
4 Jesuists of-
ten beholden
to Calvin for
expositions. 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
—————————————————————— Part. 2. Dist. 4. Sect. 1. 99
5. In this place
we differ not
from St. Aug. 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
6. Nor in the
second. also serves justly for answer to the same zealous
Father in the other place, (b) cited by Gratian;
b 22. q. 5. Si
non. 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
7. That then
may be Causa
puniendi sine
culpâ. generally, but that it must admit the exception,
which the Rule of Law upon which it is
grounded, carries with it, [Nemo sine culpa puni-
endus, Reg. sur. 6. 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. 8. As Valens
missed Theodo-
sius; So did
Augustine pre-
termit the
right cause. So that, as Valens the Emperour, having sur-
prised Jamblicus, when his divining cock had
described three letters of his name who should
succeede, slew all whose names were Theodorus, N2 Theodotes,
—————————————————————— Part. 2. Dist. 4. Sect. 1. 100
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. 9 Of Cordu-
bensis rule,
how we must
do in perplexi-
ties; In which case being hard to be discern'd and
distinguished from 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,
d Ant. Cordub.
de simonia q.
27. Editione.
Hispani. a good guide in all perplexities, it will ease very
much. He sayes, because in the case of simony, ma-
ny 10 How tem-
porall reward
may be taken
for spirituall
office.difficulties grow, 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 price, 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 aud 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
Hesychius vitæ
philosophorum. defect be in us, yet Saluamur in fide parentum.]
And in this sort (e) Pindarus making an impli-
cite 11. Of Pinda-
rus death
praying for he
knew not
what. prayer to God, that he would give him that
which he knew to be best for him, died in that very petition. Except
—————————————————————— Part. 2. Dist. 4. Sect. 2. 101
Except therefore (f) Saint Augustine have
f Vbi supra. that moderation in his resolution; That a better
2 In our
place we de-
part from St.
Aug. upon
the same rea-
son as the Je-
suit Thyræus
doth. 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,
g Thyræ. Jesui.
de Dæmoniacis
c. 31. nu. 428.The holy Father speaks not, of what must of ne-
cessity be, but what for the most part uses to
bee. Sect. II. And in our case we ought (as I thinke) rather
1 The place
out of S. Hie-
rome cited by
Gratian. to follow (a) Saint Hieromes temper, who in
his exposicion upon Jonas, (which I wonder
why Gratian cited being so farre from his end
a 23. q. 5.
Non est, and advantage) sayes, [In persecution I may not
kill my selfe, absque eo, ubi cassitas periclitatur]
where I am so farre from agreeing with (b) b Gloss. in lo-
cum supra. 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)c Idiotæ Con-
templatio de
morte.
qualem mors invenit hominem, ita homo invenit
mortem.] N3 SECT.
—————————————————————— Part. 2. Dist. 4. Sect. 3, & 4. 102 Sect. III. 1. Lavater con-
fesses Aug.
Hie. Cry. and
Lactan. to be
of this opini-
on. From this place of Saint Hierome, I beleeve,
and some other, which perchance I have not
read, and some other places in others, of like
charitable descent to this opinion. (a) Lavater
a Lavater in 1
Sam. Ca. ulti. 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. Sect. IIII. 1 Of P. Mar.
reason Mors
malum. 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 Stromat. l. 4. (a) Clemens Alex. had so through-
ly 2 Clement.
hath long since
destroyed that
opinion.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
3 Of Malum
pœnæ. not that (b) Malum quo mali suinus; neither doth
it alwayes prove the patient to be evill, (though
b Aqui. 1. q.
48. ar. 6. Con.God for all that be alwaies iust,) for himselfe
said of the man borne blinde (c) [Neither he, nor
c Jo. 9. 3. his parents have sinned.] And
—————————————————————— Part. 2. Dist. 4. Sect. 4. 103
And of that Malum poenae, which is esteemed
4 Possessed
men are not
alwaies so af-
flicted for sin.the greatest in this life, of temporall affictions,
because of the neere danger of empairing our
soule, which is to be possessed, (d) Thyraeus,
d Thyræus de
Dæmon. c. 31.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
e Aqui. 1. q.
48. ar. 6. Con. imagined, of this kinde of evill, which is
[(e) Damnation, hath not so much Rationem mali,
as the least sinne that drawes Damnation.] 5 Damnati-
on hath not so
much rationem
mali as the
least sin. 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. 6 If death
were of the
sorts of evill,
yet there may
be good use of
it. And if it were of the worst sort of evill, yet
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.]
f Aug. de bono
Conjugii. And as good Paulinus prayses Severus, that
(g) [he having in Conjugio peccandi licentiam,
g Paulin. Se-
vero epist. 1. departed not from his accustomed austerity,] so may
the same be said of death in some cases, as in
Martyrdome. 7 How Paul
calls Death
Gods enemy. For though Martyr urge farther, that death
is called (h) Gods enemy, and is therefore evil,
h 1 Cor. 15.
20. yea (i) Musculus sayes upon that place, [It is
often commended in Scriptures, because towards the
i Marlorat. in
hunc locum. 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
—————————————————————— Part. 2. Dist. 4. Sect. 5, & 6. 102
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 8 Death since
Christ is not
so evill as be-
fore. lethalis, but molesta.]
k Calvin in
hunc locum. Sect. V. 1 Of Martyrs
reason, Vita
donum. One reason more Martyr offers of his owne,
which is, Vita Donum, life, because it is the gift of
God may not be profused; but when we have
agreed to him, that it may not be unthriftily and
prodigally cast away, how will he conclude
from thence, such an ingratitude, as that I shall
forfake Gods glory? and may in no case ponere
animam? How will it follow from I must not
alwaies, to I may never? Sect. VI. 1 Of Lavaters
reason of Ju-
dges. Lavater after many other urges this reason;
That because Judges are established, therefore
2 Where con-
fession is not
in use, there is
no exterior
Judge of se-
cret sinne.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 Humfred.
Iesui. pa. 2. ad
Ratio. 3. Cam. 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 instinct
—————————————————————— Part. 2. Dist. 4. Sect. 6. 105
inflict what penance I will for punishing the past,
and avoiding like occasion of sinne? 3 Of the
Popes juris-
diction over
himselfe. Upon this reason depends that perplexed
case, whether the Pope may not give himselfe
absolution from Acts and Vowes, and partake
his owne indulgences, although by the best opi-
nion it is agreed, that to do so is an act of juris-
diction, which by Lavaters rule, no man may
exercise upon himselfe. 4 Of such ju-
risdiction in
other persons
by civll lawes. (b) The Emperiall lawes forbid in a genera-
lity any to be judge in his owne cause, but all
Expositors, except Soveraignes. And in ordi-
nary Judges, all agree with (c) Baldus [That in b Cod. l. 3. tit.
5. le. Generati.
facto notorio if the dignity of the Iudge be con-
cerned, c Bald. F. le.
5. de. judiciis. 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) d Filesacus de
Episc. autorit.
Ca. 1. S. 17. And with a
Non obstante even upon Naturall law, as the
words of the priviledge are, Theodorius allowed
Bishops to be Judges in their owne cause. (e) So
e Dig. l. 1. tit.
7. le. 3. si Cons. [if a sonne which had not beene Sui juris had beene
made Consul, he have emancipated himselfe, or
authorized another to have adopted him.] 5 Ioh. 22. ele-
cted himselfe
Pope. And besides that, it appeares, that the Popes
have exercised jurisdiction upon themselves,
f Volu. 2. Ge-
nera. 44.even before they were Popes, (for (f) Ioha 22
having permission to chuse one Pope, chose
himselfe, which deed Naucler relates and justi-
fies) by Canonicall rules it is plaine, that he
may exercise jurisdiction upon himselfe in any
case where there is not a distinction of persons O enjoyned
—————————————————————— Part. 2. Dist. 4. Sect. 6. 106
enjoyned Iure Divine, as in Baptisme: which will
not be stretched to our case. 6. Jurisdicti-
on over our
selves is deny-
ed us, because
we are presu-
med favoura-
ble to our
selves; Not
in cases hurt-
full to our
selves. 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 imagined to be over rigorous to
himselfe. And if man were by nature as slavish, as the
[(g) g Heurnius de
Philos. Barbar. Esseni, by profession and rule, who had
power of themselves in nothing, but juvando
& miserendo] I see not, but when this becomes
an act of advantage to our selves, we may have
jurisdiction enough to doe it. 7. Even in ca-
ses hurtfull, we
have such ju-
risdiction. 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) h Theod. a Ni-
ce. l. 3. c. 3.
& 23. it was by all condemned in Grego-
rie, in the great Scisme, that after hee had pro-
mised 8. Gregories
oath in the
great Scisme. 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
i Schlusselbur-
gius. Catul. He-
retico, l. 13. Government, and despoiled them of their bur-
den, at their pleasure. For, as (i) one sayes, of
—————————————————————— Part. 2. Dist. 4. Sect. 7. 107
of the whole Church, it may bee said of every
particular member; it was ever in Politicall bon-
dage, but not in Spirituall. 9. When a
man becomes
to be sui juris. 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. 10. Warre is
just betweene
Soveraigne
Kings, because
they have no
Judge. 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
k Accacius de
privileg. juris.
l. 1. cap. 7. sufficient to doe all the Offices; and then deli-
vered from all bondage, and restored to our na-
turall 11. Princes
give not them-
selves priviled-
ges, but de-
clare that in
that case they
will exercise
their inherent
priviledge. 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. Sect. VII. Josephus Rea-
son of Deposi-
tum.
And because (a) Iosephus hath one reason
a De bell. Iud.
l. 3. ca. 13. O2 which
—————————————————————— Part. 2. Dist. 4. Sect. 7. 108
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 Summons from God; and it can-
not then bee imputed to any corruption of my
will; for, (b) b Regula juris
4. 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) c Arist. Probl.
Sect. 29. q. 2. it
were a greater injustice in us to deny or with-
hold 2. In these ca-
ses a deposita-
rie cannot bee
accused De cul-
pa, if he be si-
ne Dolo.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
3. A secret re-
ceived, Data
fide, is in Na-
tura depositi. I were Depositary, before it were truely called
for, yet in Conscientia errante, I were excusable;
for it (d) is [Ex substantia depositi, ut deposit arius
d Tholos. Syn-
tag. l 23. ca. 3.
Nu. 17. tantum de dolo teneatur non de culpa.] Yea, when
(e) I have a secret from another, Data fide, I
e Soto de Teg.
Secr. membr. 1.
q. 1. have this in all respects, in Natura Depositi; and
yet no man doubts, but that I may in many cases,
depart with this secret. SECT.
—————————————————————— Part. 2. Dist. 4. Sect. 8, & 9. 109 Sect. VIII. 1. Of simili-
tudinary Rea-
sons in Au-
thors not Di-
vine. 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
2 De Bello Iu-
da. l. 3. ca. 14. 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. Sect. IX. 1. Of his rea-
son of Hostis. 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) a lib. 7. c. 28. person of Eleazar hee perswades to
kill themselves, there is neither certaine truth in
the Assertion, nor in the Consequence. For do
we esteeme God, or the Magistrate our enemy,
when by them death is inflicted? And do not
Martyrs, in whose death God is glorified, kisse
the Executioners, and the Instruments of their
death? Nor is it unlawfull, unnaturall, or unex-
pedient for us, in many cases, to be so much our O3 owne
—————————————————————— Part. 2. Dist. 4. Sect. 10, & 11. 110
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. Sect. X. 1. Of his rea-
son of Servus. 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.
Bosquier. Conc.
7. 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. Sect. XI. His last, which is of any taste, is Of his reason
of a Pilot. [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
—————————————————————— Part. 2. Dist. 5. Sect. 1. 111
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. Distinction V. Sect. I. ANotherAnother sort of Reasons is produced from 1. Of Aquin.
two reasons,
from Justice
and Charity.
grounds of Morall Vertues. Of which (a) S.
Thomas proposeth two, which we limit for this
a 22. q. 64. ar.
5. 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. Of stealing
away himselfe
from the State. 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
—————————————————————— Part. 2. Dist. 5. Sect. 1. 112 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. 3. Monastique
retiring is, in
genere rei, the
same offence. For certainely to doe even that, so intensly,
as we neglect our office of Society is in genere rei,
the same offence, as this. 4. The better
opinion, that
herein is no
sinne against
Justice. But as there are many which follow Aqui-
nas herein; So Navar, and Sayr, and others are
upon better reason of opinion, that this can be
no sinne against Justice. 5. I usurpe not
upon his ser-
vant, but am
his servant
herein. 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) b Sayr. Thesau.
Cas. Consc. l. 7.
ca. 9. Nu. 19. [Though we have not Dominium,
we have Usum, and it is lawfull for us, to lose that
when we will.] 6. Though we
have not Do-
minium, wee
have Vsum of
this life, and
we leave that
when we will. Betweene which negative killing, and positive
killing, how little and narrow a distance there
is, and how contiguous they are, we shall see
in another place. If therefore the reason why we may not dye
7. The State is
not Lord of
our life, yet
takes it away.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
c Sayr. l. 9. c. 7.
Nu. 2. of our life, then we are,] that is, she cannot doe it,
—————————————————————— Part. 2. Dist. 5. Sect. 1. 113
it, but in cases where she is Gods Officer. And if in this case, there were any injury 8. If injurie
were herein
done to the
State, then by
a license from
the State, it
might be law-
full.
done to the State, then certainly it were in the
power of the State, to license a man to doe it,
and he should upon such a license be excusable
in conscience. For this, in the State, were but
Cedere in re suo, which any may lawfully doe. And lastly, if the State were injured in this, 9. And the
State might
recompence
her domage
upon the
goods, or heire
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 10. In a man
necessary there
may be some
injustice in
this act.
by number of Authors) will be, That if that
person be of necessary use to that State, there
are in it some degrees of injustice; but yet no
more, then if a Generall of much use, should 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. d 22. q. 59. ar.
4. ad 3m. If any should thinke, that it may be an inju-
stice to our selves, (d) Aquinas in the same
11. No man
can doe inju-
rie to himselfe. 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-
P sanda,
—————————————————————— Part. 2. Dist. 5. Sect. 2. 114 sanda, sed emenda,] considering how much hap-
pinesse might recompence it. And whether it be against Charity or no, 12. The que-
stion, whether
it bee against
Charity, espi-
ted to the third
part. 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
Disputation and questionable, whether this be
against Charity, or no; this is certainly against
Charity to pronounce so desperatly, as men use
to doe, against them who fall into it. Sect. II. Of Aristotles
two reasons.
Of Misery, &
Pusilanimity. 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 baits, Ease and Honour, Against them who
would dy to avoide Miserie, a Arist. Eth.
l. 3. c. 6. (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) b Cap. 7. 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 reasons.
—————————————————————— Part. 2. Dist. 6. Sect. 1. 115
reasons. And of the other we shall have occa-
sion Infra fol. 249. to say in ugh, when wee come to a place
where Saint Augustine sayes the same thing, and
so we may ease this Distinction of that businesse. Distinct. VI. Sect. I. HAvingHaving thus considered those Reasons, 1. Of Reasons
to be made on
the other part.
which in the best Authors are to be found,
and shewed such Rules, as serve for the true 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 2. Of the Law
of Rome, of
asking the Se-
nate leave to
kill himselfe. 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 Declam. 4. a Sonne who by Mathematicians Predictions,
3. Of the case
in Quintilian. was first to kill many Enemies, and then his
Father; having in the warres performed the first P2 part,
—————————————————————— Part. 2. Dist. 6. Sect. 2. 116
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. Sect. II. It may then give much light to this businesse,
1. Compari-
son of Deser-
tion and De-
struction. 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,
2. Of Omissi-
ons equall to
Committings. 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) a In admonito-
rio. 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) b Dist. 86. pas-
ce. [Fame morientem si non pave-
ris, occidisti,] saith Ambrose. And (c) [That Cler-
gie, c Tabula Pa-
ris. censurarum. man which hinders not a manslaughter, if hee
can, is thereby irregular.] And he which to him-
selfe denies necessarie things, or exposes hims-
selfe
—————————————————————— Part. 2. Dist. 6. Sect. 3. 117 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. Sect. III. 1. In great
sinnes, the first
step imprints
a guiltinesse,
yet many steps
to Self-homi-
cide are law-
full. 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) a Stanf. Plees
de Coron. cap.
Petie treason. we have an example of a Woman
burnt for petie Treason, for compassing the
death of her husband, though it were not effected. b Elian. l. 8.
cap. 10. Homicide is one of those crying sins, and hath
ever beene reckoned in Atrocibus. For though the
2. Dracus laws
against Homi-
cide were re-
tained. (b) Athenians removed all Dracoes Lawes by dis-
use, for their extreame severity, yet they retained
those against Homicide. And this Homicide, (c) c Precepto 5.
3. Tolets five
Homicides. saies Tolet, may bee
done five wayes, by 1. Commandement, by P3 2. Ad-
—————————————————————— Part. 2. Dist. 6. Sect. 4. 118
2. Advise, by 3. Permission, by 4. Helpe, or
by the fact it selfe. 4. Foure of
these were to
be found in A-
dams first Ho-
micide in Pa-
radise. And in the first and worst Homicide commit-
ted in Paradise, in which were employed all
the persons in the world, which were able to
concurre 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 Homicides were
found, as was possible in so few persons. For
as (c) c Reuchlin. de
verbo Mirisico.
lib. 2. cap. 14. one notes, [The Serpent counsailed, the
Woman helped, and Adam perpetrated,] and (wee
may 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. Sect. IIII. 1. Of Tolets
first & second
way by Pre-
cept, and Ad-
vise, or option.First therefore, though it be the common re-
ceived opinion, (a) [Mandatorem, & Mandatarium
eidem poenae subjici,] Yet by the way of Pre-
cept, we cannot properly work upon our selves,
a Bartol. le.
Non solum. F.
de injuriis, .
Si mandato. 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 advisedly chuse one part
—————————————————————— Part. 2. Dist. 6. Sect. 4. 119
b Reg. Jur. 3. part, and refuse the other, (for Cujus est vel-
le, ejus est & nolle) 2. We may
wish Malum
pœnæ to our
selves, as the
Eremite did to
be possessed. and so we may wish to our
selves, that which is naturally evill, I meane,
Malum pœnæ; as the (c) Eremite by earnest
prayer obtained of God, that he might be posses-
sed c Sulpit. in vita
Martini. Dialo.
1. of the Devill for certaine moneths, because
he found in himselfe an inclination to pride and
securitie. 3. Wee may
wish death for
wearinesse of
this life. 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, d Martialis ad
Tholosanos.Pro visione Dei, millies corpus nostrum mor-
ti dare optamus) but even to be so delivered from
e Coment. in
Sam. l. 1. c. vlt. the encumbrances of this life; for so it hath
[rationem boni] (e) as Peter Martyr argues; and
then, [(f) f Heptap. Pici.
l. 7. Proem. Nove meliorem est Corruptio primæ
habitudinis.] 4. It is sin to
wish that evill
were not so,
that then wee
might wish it. 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,
g Adrian. quod-
lib. 10. ar. 2. that so wee might then wish it, when it were dis-
charged of that naturall illnesse.] 5. What wee
may lawfully
wish, we may
lawfully fur-
ther.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? 6. Of wishing
the Princes
death. These two extreme Religions, which seem to a-
vile secular Magistracie, and subject Monarchs ei-
ther to an Ordinarie, or else to a Consistorie, ac-
cept willingly this saying, Curse not the King, no not in
—————————————————————— Part. 2. Dist. 6. Sect. 4. 120
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) h Saxavia de
Imp. Author.
Epistola. one who pretends to go the middle way
(and that is truely in this case, Via Regia) sayes,
7. In some o-
pinions, false
Religiō makes
a Tirant. [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) i Lib. 2. ca. 36. That no
8. Why an oth
of fidelity to
the Pope binds
no man. 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) k Declaration
& Protestati-
on des Doctes
de France.
Anno 1605. that book whose
title and scope is of the foundation of matter of
State in France, and (as it pretends in all Chri-
stendome) when after it hath enraged Subjects
9. Who is a
Tyrant in
these mens o-
pinions. 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 Beccar. cont.
lib. De. jure
Magistrat. (l) Beccariaes booke, with Bezaes, (if that other
be Bezaes) though they differ Diametrally in ma-
ny
—————————————————————— Part. 2. Dist. 6. Sect. 4. 121 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) m Carbo. Cas.
Conc. Summa
Summarum.
Tom. 3. lib. 3.
cap. 9. [That it is lawfull to wish the death
of a Tyrant, or of a favourer of Heretiques, though
he dye in mortall sinne.] To wish therefore, and
to doe, are naturally the same fault; and yet,
though it be (n) n Sylvest. verb.
Martyr. [a sinne to offer my selfe even to
Martyrdome, only for wearinesse of life.] (o) [Or to
o Navar. Ma-
nual. Ca. 15.
Nu. 11. wish death simply for Impaciencie, Anger, Shame,
Povertie, or Misfortune;] yea to wish heaven
meerely for mine owne happinesse; yet cer-
tainely (p) p Phil. 1. 23. S. Paul had some allowable reasons,
10 How death
may be wished
by Calvine. to desire to be dissolved, and to be with Christ. And
(q) Calvine by telling us upon what reason,
q In 2 Cor. 5. 1
Marlorate. 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, Supræ. 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 Q to
—————————————————————— Part. 2. Dist. 6. Sect. 4. 122
to be considered; And yet q Eman. Sâ
Aphor. Confes.
ver. Charitas. (aq) Emanuel Sâ ex-
tends it farther. [That wee may wish sicknesse to
one, for his correction; and death for the good of the
11 How we
may wish
death to ano-
ther for our
owne advan-
tage.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 delivery]. 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
12 Ph. Nerius
consented to
the death of
one who wi-
shed his own
death. 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 Vita Phil.
Ner. fol. 284. (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
ended, Nerius gave him his choise, whether he
would live, or dye; and when the boy wished death,
—————————————————————— Part. 2. Dist. 6. Sect. 5. 123
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) t Liber Con-
formi. Fran.
& Christi. book of Conformities
imagined in Saint Francis (for I beleeve that Au-
thuorAu-
thor purposed onely like Xenophon or Plato, or
Sir Thomas Moore, to ideate and forme, then to
write a credible History, though u Sedulius Mi-
nor. advers. Al-
cor. Francis. (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. Sect. V. 1 Of Tolets
3. species. by
permission
which is Mors
Negativa. 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
2 Of standing
mute at the
Barre. 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 enforced 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-
Q2 nience,
—————————————————————— Part. 2. Dist. 6. Sect. 5. 124 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 chuse 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. 3 Three rules
from Sotus,
Navar, and
Mald. to guide
us in these De-
sertions of our
selves. 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.] a Soto. de teg.
særet. membr.
1. q. 3.For I may not doe a sinne, to save (in
the language of Schoole-men) the goods, or ho-
nour, or life, of the Pope; but for temporall
things I must prefer others before my selfe, if a
publique profit recompence my private Do-
mage. (b) b Nava. Ma-
nual. 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
c Sum. Maldo.
q. 14. ar. 6. for spirituall 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 know, but (d) d Acacius de
privilegiis l. 1.
cap. 9. priviledges and exempti-
ons from that Law, he may be excusably ignorant of and
in such ignorance transgresse them.] Hereupon it is
safely infer'd, that though every man have natu-
rally
—————————————————————— Part. 2. Dist. 4. Sect. 5. 125 rally this priviledge, to resist force with force,
and be authorised by that, to lay violent hands,
even upon the Popes life, as (e) e Gerson. Gerson exemplifi-
es, or upon the Emperours, as (f) f Acacius de
privile. l. 1. c. 8. Acacius, when
either of them exceeds the limits of their Magi-
stracy, (for then the party becomes the Deputy,
and Lieutenant to Nature, which is a common
and equall Soveraigne to them all.) 4 I may suffer
a thiefe to kill
me. 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) g Sayr Thesau.
Cas. Cons. l. 7.
cap. 9. nu. 17. Which our Countryman Sayr, holds as the
common opinion from Sotus, 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 betraying others. And this
Desertion seems to bee of Naturall reason,
because it is to be found in all lawes; for even
in the (h) h Alcor. Azo-
ar. 52. Alcorum we read [Vindicans non est reus,
Patiens tamen optime facit.] 5 Of se defen-
dendo in our
law. 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 compare our two lawes, That if I defend
my selfe I am punished, and the other before Q3 be
—————————————————————— Part. 2. Dist. 6. Sect. 5. 126
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. 6 I am not
bound to es-
cape from pri-
son if I can, nor
to eate rather
then starve. 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) i Eman. Sa.
Aphor. Confes.
ver. Charitas. [for
a man condemned to death, is not bound in conscience
to redeeme his life with money, though by the law of
the place he might doe it.] And though (k) k Aquin. 22.
q. 69. ar. 4. ad 2. Saint
Thomas say, [That he which is condemned to dy,
kills himselfe, if he apprehend not, an opportunity to
escape by flight, when it is presented, and likewise if he
refuse meate, when he is condemned to be famished,]
yet the (l) l Sayr Thesau.
Cas. Cons. l. 7.
cap. 9. whole streame is against him, Sotus,
Navar, Cajetan, and Sayr. And Navar adds, that
in these dayes (and yet now it is not so likely to
be Symbolum Idolotricae pravitatis) a man is bound
rather to famish, then to eat meat offred to Idols. 7 For ends bet-
ter then this
life, we may
neglect this. 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. 8 I may give
my life for an-
other. 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
—————————————————————— Part. 2. Dist. 6. Sect. 5. 103
be more precious then our soule; which, in
rigour is murdered by every sinne consented
unto. Yet (m) m Chris. Hom.
32. in Genes. 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) n Aug. l. 22.
adver. faustum.
cap. 33. Saint Augustine is earnest against
this. 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. 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 o Ca. 27. &
primo: De serm.
Dom. in monte. 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) p Bonavent. 3.
Dist. 29. q. 3. Bonaven-
ture denies, that for the temporall good of an-
other, I may offer willinlgy my life. But he q Aug. de
mendacio. c. 6.
grounds it upon the same reason that (q) Augu-
stine 10 That to
give my life
for another is
not to prefer
another, as
Bonaventure,
and Aug. say,
but to prefer
vertue before.
life. doth; That we may not love another more
then our selves, which in this case we seeme to
doe. But many of the Fathers, Hierome, Ambrose,
and Lactantius, and many of the Schoole, as Aqui-
nas Fra. Victoria, Sotus, Bannes, and infinite are against
—————————————————————— Part. 2. Dist. 6. Sect. 5. 128
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. 11 For spiri-
tuall good is
without que-
stion. 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,] r Sayr Thesau.
Cas. Cons. l. 7.
c. 9. nu. 17. So (s) a Curate is bound to baptize,
and to anoint in the plague time. Yea, it is an
s Eman Sa.
Aphor. Con.
verbo Charit. act of Vertue, though not of necessity, (as in
the Curates case) (t) [To visit a sick man, in such
t Idem verbo
Ho. a time, though you bee a private man, and your end
be not spirituall comfort.] 12 I may give
another that
without which
I cannot live.And we may yet proceed farther, for wee
may lawfully dispossesse our selves of that,
which was before afforded us, and without
which we can have no hope to sustaine our lives.
u Aquin. 22.
q. 32. ar. 6.(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. Sotus denyes, that in a shipwrack, if after wee
have both beene in equall danger, I catch and
13 I may o-
ver-fast my
selfe. 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
—————————————————————— Part. 2. Dist. 6. Sect. 5. 129
(x) related into the Canons) sayes, x De Consecr.
Dist. 5. Non
Mediocriter [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 ex
Dist. 5. de cons.
This in Saint
Hieroms opi-
nion is Self-
homicide. (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) z Soto de teg.
secret mem. 1. q.
3. ex Hieron hee adds in another
place, speaking of the same purpose, [It makes
a Cas. Collati-
one 2. c. 6. no difference whether thou be long in killing thy selfe,
or doe it at once.] 15 Of the
Friar whom
Cassianus calls
a Selfe-Homi-
cide for refu-
sing bread
from a theefe,
upon a vow.
Of Christs
fast. 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 Bosquier
Cove. 17. (b) one, [Our Sa-
viour Christ exceeded not 40. dayes in his fast, Ne
sui Homicida videretur.] c Idem Cove.
18. And he interprets that
word, Esuriit, [That then he perceived his body
16 Of Philo-
sophers inor-
dinate fasts. to languish and suffer detriment by fasting] For, if he
had not hungred till then, his fasting had had no
d Porphir. de
Abstin. Anti. 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 (c) e Idem de oc-
casionibus. [Dum corpus augemus,
mortaliores efficimar,] And that (e) [Per tenuita-
R tem
—————————————————————— Part. 2. Dist. 6. Sect. 5. 130 tem assimilamur Deo,] How much the writers in
the Romane Church suffer, and obliquely ad-
hort these inordinate Fasts, and other disciplines,
Supra. appears by that which I cited out of Clarus Bo-
narscius before, and wheresoever they have occa-
sion to speake thereof. 17 Of the de-
vills threat-
ning S. Francis
for fasting. 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) f Cap. de Au-
steritate. Bonaventure
relates in his life. 18 Examples
of long fasts. Whatsoever hath beene done by others, they
teach, we ought to exceede. And since (g) [The
g Middendor.
de Academiis
fol. 298. 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 Lilius Gyr.
Dialog. 17. (h) Abbas Vrsperg, a
maid that fasted two year and a halfe after she
had received the body of our blessed Saviour. 19 Reasons,
effects, and
obligations, to
rigorous fasts. 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) i Sayr Thesaur.
Cas. Cons. l. 3.
cap. 7. n. 13. [though that be already perfectly
effected, yet a man is bound to the fasts injoyned.] For
k Azor. Mor.
Inst. pa. 1. l. 7.
cap. 33. (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) l Bosqui. Coue.
17. [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
—————————————————————— Part. 2. Dist. 6. Sect. 5. 131
by them, for observing three Lents every year,
which (m) m Hier. Epist.
ad Marcell. Saint Hierome so much detests in the
Montanists. And though their ends were divers,
yet this shewes, that to some ends, these enor-
mous witherings of our bodies are allowable.
Upon which reason (n) n Mat. 3. 4. John Baptists austerity
is so much dignified; And o Greg. Naz.
Oratio, de Cu-
ra pauperum. (o) Saint Peters fee-
ding upon Lupins; And (p) Saint Matthewes li-
ving p Clem. Alex.
l. 2. Pædag. c 1. without flesh. And not onely the Empe-
rour Iustinians choise, (q) [Who in an extreme
q Procop. Gaz.
l. 1. de ædificiis
Iustiniani. sickenesse in Lent, would take nothing but hearbs, and
salt, and water,] but also the (r) Carthusian Rule, by
r Sayr. Thesau.
Cas. Cons. l. 7.
c. 9. N. 30. 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 s Clem. Apo-
stol. Constit. l.
4. cap. 7. 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) t Ibid. cap. 9. [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.] 20 Corollary
of this Section
of Desertion. 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-
R2 rall
—————————————————————— Part. 2. Dist. 6. Sect. 6. 132 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 Enjoyning and Prohibitory 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) u Mariana
de Rege, l. 1.
cap. 7. Mariana the Jesuite
seemes to be, as we shall have occasion to note,
in the next Member and species of Homitide, which
is, Assistance. Sect. VI. 1 Of another
degree of Ho-
micide, by Mu-
tilation, which
is not in Tolets
Division. 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
—————————————————————— Part. 2. Dist. 6. Sect. 6. 133
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. 2 Of delive-
ring ones selfe
into bondage. 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) a Baron. Mar-
tirol, Junii 2. 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) b Tabula Paris.
irregularit. it is cleare
by the Canons, that towards irregularity, it
works as much, and amounts as farre, to have
maymed, as to have killed. 3 By divers
Canons it is
all one fault. And (c) in a Councell at London, Anno 1075
one Canon forbids a Clergy man, to bee pre-
sent c Binius To. 2.
pa. 2. fo. 1280. at judgement of death, or of Mutilation. And
amongst the (d) Apostles Canons this is one,
d Can. Apost.
Can. 21. [He that gelds himselfe cannot be a Clerke, because
he is an Homicide of himselfe, and an enemy to
Gods creature.] [(e) e Stanf. Plees
del Coron. And to geld, is to maime in our
Law.] So in the next Canon it is said, f Canon. 23. [(f) A Clerk
which gelds himselfe must be deposed, Quia homi-
R3 cida
—————————————————————— Part. 2. Dist. 6. Sect. 7. 134 cida sui.] [(g) And a Lay-man must for that fault
be excommunicated three yeares, g Canon. 23. quia vitae suae po-
suit insidias.] It was therefore esteemed equiva-
lent to killing. And (h) h Calv. in Mat.
19. 4. Marlo-
rate. Calvine, esteemed it so hainous, that
he builds his Argument against Divorce upon
4 Of Calvins
argument a-
gainst divorce,
upon the
ground of
Mutilation. 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. 5 The exam-
ple of Saint
Mark to escape
Priesthood. Without doubt, besides the examples of holy
men who have done it, to disable themselves
from taking the burden of Priesthood, of which
i Hier. Prolog.
in Marcum. (i) Saint Marke the Evangelist was one, who
to that end cut off his thombe. And besides,
that as our Saviour said, k Mat. 19. 12. (k) [Many should geld
themselves for the Kingdome of heaven.] So (l) l Orat. vero
Anto. & com-
modo Philoso-
phis. A-
thenagoras, 50 yeares after Christ, saies, [that ma-
ny did practise it.] It is doubted by none, [But
m Sayr Thes.
Cas. Cons. l. 7.
cap. 9. (m) that a man unjustly detained to a certaine exe-
cution, may cut off that limbe by which he is tyed,
6 In what ca-
ses it is cleare
that a man
may mayme
himselfe. 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.] Sect. VII. 1 Of Tolets
fourth way, by
actual helping The last species of Homicide, on this side; the
last act, is an actuall helping and concurrence to
it. And every step and degree conducing pur-
posely
—————————————————————— Part. 2. Dist. 6. Sect. 7. 135 posely to that end, is as justly by Judges of
Consciences, called Homicide, as a Ardoinus de
venenis l. 8. c. 20
ArdoniusArdoinus rec-
kons a Flea a-
mongst poy-
sons because it
would kill. (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) b 2 Sam. 1. 16. so to that Amalekite, which told Da-
vid 2 David con-
demned the
Amalekite,
who said, he
helped Saul
to dye. 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) c Mariana de
Rege. l. 1. c. 7. Mariana the Jesuite, (whom
I named before) esteemes this actuall concur-
rence 3 Marianaes
opinion, that
a King drink-
ing poyson,
prepared and
ministred by
another, he be-
ing ignorant,
is a Selfe-ho-
micide. 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
—————————————————————— Part. 2. Dist. 6. Sect. 7. 136
Since therefore this hastning of our death by
such an act, is the same, as the intire Selfe-ho-
micide, let us consider how farre 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) d Sotus de teg.
Secret. Memb.
1. q. 3. That before any man accuses him, a
Malefactor may go and declare his fault to the Iudge.] 4 A Malefa-
ctor unaccu-
sed, may ac-
cuse himselfe. Though amongst Italian relations, (e) that in
Sansovine concerning England have many marks
and impressions of malice, yet of that custome,
e Sansovin.
de Gover. which hee falsely sayes to bee observed here,
[That men condemned to be hanged are ever accom-
panied 5 Of Sanso-
vinus relation
of our cu-
stomes at Ex-
ecutions, and
withdrawing
the pillow in
desperate cases. to their Executions by all their kinred, who
then hang at their feet, to hasten their ende; And
that when a Patient is abandoned by the Physicians,
his neerest kinsman strangles him with a pillow.]
Of this, I say, that Author had thus much
ground, that ordinarily at Executions, men, out
of a Charitie, as they thinke, doe so; and 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
—————————————————————— Part. 2. Dist. 6. Sect. 7. 137
For to my understanding such an act, either 6 Of breaking
leggs of men
at executions:
And of brea-
kinge the hal-
ter.
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 Iohn 19. (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) g Lucas de-
penna l. 1. c. de
deser. et occult.
Iohan. de Ant.
Soliloq. 5.
Optine. in D:
leg. Imperium. good opinions
concurre, that it is to doe ever without doubt,
whatsoever is for ease, or escaping painfull 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) h Num: 5. that law of Purgation assigned
7 Of the pur-
gations assig-
ned by Moses
in cases of jea-
lousie. 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 S her
—————————————————————— Part. 2. Dist. 6. Sect. 7. 138
her thighs to rot. And those formes of Pur-
gation, Of formes of
purgation cal-
led Vulgares. which were called Vulgares, lasted long,
even in the Church; For there is nothing ex-
tant against them, till (i) i 2. q. 5. con-
suluisti. Stephen the fift, An-
no 885. And not onely (k) k Tholos. Syn.
l: 48: c: 15.
n: 7. 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) l Greg. Turo.
Hist. Fraucor.
l: 2: c: 1: Bri-
tius a Bishop, being but callumniated by the
9 Charlemaine
brought in a
new purgati-
on. And Bri-
tius a B. ano-
ther being ac-
quitted before 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) m Lamb. de
legibus priscis
Anglorum. both the spe-
cies of Ordalium lasted evidently till King Johns
time. 10 With us
bothkindesboth kindes of
Ordalium, by
water, and fire
lasted till K.
Iohns 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 11 In al these,
and in battaile
the party him-
self assisted to
his payne. 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
—————————————————————— Part. 2. Dist. 6. Sect. 7. 139 fesses a love to that obedience, which himselfe 12 Three ex-
amples of a-
ctuall helpers
to their owne
destruction in
S. Doroth.
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 n B: Doroth.
doctrinâ 1. de
Renunciatione.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) o Idem Doct:
7. de accus. sui
ipsius. 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 excla-
imed, 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) p Supplement:
Chron. an. Chr.
3. who being sent
by the Apostles to preach the Gospel, amongst
13. Of Ioseph
of Arimathæa
his drinkinge
poyson. 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 Navar man.
ca: 11. n. 28. [(q) Saint Andrew contribute S2 to
—————————————————————— Part. 2. Dist. 6. Sect. 7. 140
to his owne Crucifying? How much Saint 14. Of Saint
Andrew and
Saint Lawr. Laurence
to his broyling, when he called to the Tyrant, This
side is enough, turne the other, and then eate?]
[(r) r Controv. 3. Magni quod faciunt, praecipiunt,] sayes,
Quintillian. And these acts of men, otherwise
esteemed holy, may ever be good warrants and
examples to us, when the cause is not prejudged
by any greater authoritie, as Scripture, or Coun-
cells, nor that very act accused by any Author. But to stay no longer upon Examples, amongst
15. Casuists
not clear whe-
ther a con-
demned man
may doe the
last act to his
death. 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 s Relect. de
Homicid: n:
30: in resp. ad
8. 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
16. But unto
Curates and
Priests some-
times it is sub
præcepto, even
without con-
demnation. 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
t Sayr Sum:
Sacram. pœnit:
cap 31.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 reveal-
ling
—————————————————————— Part. 2. Dist. 6. Sect. 8. 141 ling Confessions. And though perchance this
seeme a wanton case, framed upon impossible
concurrences, as (u) u De teg. Sec.
memb. 3. q. 4. 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. Sect. VIII. Of which last act, as we spoke whilst we con-
sidered 1. Of Tolets
last Species of
Homicide
which is the
act it selfe. 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, 2. How farre
an erring con-
science may
justifie. 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 S3 into
—————————————————————— Part. 2. Dist. 6. Sect. 8. 142
into the Martyrologe, and assigning them their
Feasts, and Offices, and Vigils, and like religi-
ous Celebrations. Therefore to make no use of
a Diog. Laert.
lib. 8. (a) Pythagorus example, who rather then hee
would offend his Philosophicall conscience, and
3 Pythagoras
conscience. 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
b Azor. Inst.
Mor p. 1. l. 2.
cap. 8. 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
—————————————————————— Part. 2. Dist. 6. Sect. 8. 143
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,
Epist. 3. Sever.
lib. 1. 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 Cassian. Col-
lat. 2. cap. 5. (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 4 Of the ap-
parition to
Hero an Ere-
mit by which
he killed him-
selfe: out of
Cassianus. 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, d Nazarius
Constantio.(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
—————————————————————— Part. 2. Dist. 6. Sect. 8. 144 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. 5 The Devill
sometimes sol-
licites to good. Nor may it be necessarily concluded, that this
act was therefore evill, if it appeared to be from
the Devill. For e Wier. l. 5. c.
1. (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) f Vasq. de ado-
rat. l. 3 disp. 1.
cap. 5. Vasquez holds, [it be not I-
dolatry to worship the Devill in an Apparition, which
I thinke to be God] 6 By Vasquez
it is not Ido-
latry to wor-
ship God in
the Divell. 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
7 Rules to di-
stinguish the
spirits by
marks are
false. 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 g Binsfeld. de
confes. sagarum,
f. 67.
Menghi fustis
Dæmonum,
cap. 8. 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
8 So is the
Rule, That
good Angels
alwaies move
to good ordi-
narily. 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
—————————————————————— Part. 2. Dist. 6. Sect. 8. 145
doe no good in our case of beleeving, yet his o-
ther will, 9. As in ado-
ration, so in
this case, in-
vincible igno-
rance may ex-
cuse. 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 Inc. Constan (i) Panegyrick could say to Constantine, [Suacui-
que Prudentia Deus 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
Supra.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.10. Of Saint
Aug. his first
reason to Do-
natus, that we
may save one
against his
will. 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 k Ignatius ep:
ad Romanos. a man willing to die, yet it is not alwaies
of merit, nor obligatory; And therefore (k) Ig-
natius l Ant. August.
Episc. Tarrac:
de leg. Roman.
cap. 44. doth so earnestly dehort the Romans from
endeavouring to succour him. And (l) Corona T Civica
—————————————————————— Part. 2. Dist. 6. Sect. 8. 146
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
11. Of his se-
cond of exam-
ples: and of
his escape if
Donatus had
produced ex-
amples. 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 m De civitate
Dei l. 18. cap.
38. et lib. 2.
cont. Gaudent.
cap. 23. 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. 12 Divorce in
Rome, and in
Jurie long
without exam-
ple. 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
n A: Gellius
l: 4. cap. 3. her Husband, because (o) till Herods daughter
there was no example of it? But now when the
o Serarius de
Rabbin. et He-
rodibus cap. 17. Church hath thus long persevered, in not only
justifying but solemnizing many examples here-
of, 13. S. August.
schollers in
this point of
examples, as
stubborne as
Aristotles, for
the heavens
inalterablnes,
though the
reason of both
be ceased. are not Saint Augustines Disciples guilty of
the same pertinacy which is imputed to Aristotles
followers, (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
p Kepplerus de
Stella Serpent.
cap. 23. utterly defeated? Thus
—————————————————————— Part. 2. Dist. 6. Sect. 8. 147
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
q Sextus Reg.
Iur: quod se-
mel. becomes well, that that Rule of her owne Law,
be ever justly said of her self, (q) [Quod semel
placuit amplius displicere non potest] where new
reasons do not interpose, (r) r Baron. Mar-
tyrolog. celebrates upon the
9. of February the Birth, (that is the death,) of
the Virgin and Martyr Appollonia; who, after the
14. Of the
Martyr Apol-
lonia. 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 15 Of an-
swers in her
excuse. 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
s Sayr. Thesaur.
Cas. Cons. l. 9.
c. 7. num. 11. (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-
T2 rinesse
—————————————————————— Part. 2. Dist. 6. Sect. 8. 148 rinesse of life, or fear of relapse, or hast to Hea-
ven, or ambition of Martyrdome. The memory of (t) t Baron. Mart. Pelagia, as of a virgin and
16. Of the
Martyr Pela-
gia. Martyr, is celebrated the ninth of June. And
though the History of this woman suffer some
perplexity, and giue occasion of doubting the
17. Though
her History be
very uncertain
the Church
seems glad of
occasion to ce-
lebrate so no-
ble a fact. 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
18. Augustins
testimonie of
her. 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)
u August. de
Civitate Dei l.
1. cap. 26. Their Martyrdome saith Saint Augustine was ever
in the Catholique Church frequented Veneratione
Celeberrima.] And (x) x De Virg. l. 3. Saint Ambrose, when his sister Mar-
cellina, 19 Ambrose
meditation
upon her. 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
—————————————————————— Part. 2. Dist. 6. Sect. 8. 149
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,
29. Eusebius
his Oration i-
magind in the
person of her
mother. 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) y Eusebius
Eccles. Histor:
l. 8. cap. 4. Eusebius to
have been of the same perswasion, who thus
produces the Mother encouraging them; [You
know how I have brought you up, in the feare of God;
and shall your nakednesse, which the publike ayre hath
not had 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. T3 And
—————————————————————— Part. 2. Dist. 6. Sect. 8. 150
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) z Plin. paneg.
Trajan. 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,
21. S. August.
first of any
doubted their
fact, and did
seeke shifts to
defend it which
it needed not. 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 22. S. August.
example hath
drawne Pedra-
ca to the same
shift, of special
divine instinct
in a like case. 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
—————————————————————— Part. 2. Dist. 6. Sect. 8. 151
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) a Pedraca
Cas. de consc. 5.
præc. Hispanica
Editio. sayes Pedra‡a, we must beleeve to
be done by Divine inspiration, because God loves cha-
stity now as well as ever he did.] Which escape
23. So says P.
Martyr of the
Midwiues and
of Rahabs lye. 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) b In Jud 3. [If they did lye, they did it, impulsu Dei.] But as our custome hitherto hath been, let
us depart from Examples to Rules; though
concurrence of Examples, and either an expresse
or interpretative approbation of them, much
more such a dignifying of them, as this, of the
whole Church, and of Catholike Authors 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
—————————————————————— Part. 2. Dist. 6. Sect. 8. 152
For though (c) the Rule in generall bee, 24. To pre-
serue the seale
of confession
a man may be
bound to kill
himselfe. [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
c Io: de Lap.
Cas. Missales
c. 6: art. 5. may, if the Priest after Consecration come to
the knowledge that the Wine is poysoned, [Ne
calix vitae vertatur in mortem;] d Ibid.Yet (e) if hee
e Sotus de teg.
secret. memb:
3. q: 4. 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 must drinke it. But because men of more abundant reading,
active discourse, and conclusive judgement, will
easily provide themselves of more Reasons and
Examples, to this purpose; it shall satisfie me,
to have awakened them thus much, and shewed
them a marke to direct their Meditations upon.
And so I may proceed to the third Part, which
is of the Law of God. The
—————————————————————— Part. 3. Dist. 1. Sect. 1. 153 The Third Part.
Of The
Law Of God. Distinction I. Sect. I. THatThat light which issues from the Moone, 1 An induct-
ion to the
handlinge of
these places of
scripture.
doth best represent and expresse that
which in our selves we call the light of
Nature; for as that in the Moone is perma-
nent and ever there, and yet it is unequall, va-
rious, pale, and languishing, So is our light of
Nature changeable. For being at the first kind-
ling at full, it wayned presently, and by de-
departing further and further from God, decli-
ned by generall sinne, to almost a totall Eclipse:
till God comming neerer to us first by the Law,
and then by Grace, enlightned and repayred it
againe, conveniently to his ends, for further
exercise of his Mercy and Justice. And then
those Artificiall Lights, which our selves make
for our use and service here, as Fires, Tapers, v and
—————————————————————— Part. 3. Dist. 1. Sect. 1. 154
and such resemble the light of Reason, as wee
have in our Second part accepted that Word.
For though the light of these Fires and Tapers
be not so naturall, as the Moone, yet because they
are more domestique, and obedient to us, wee
distinguish particular objects better by them,
then by the Moone; So by the Arguments, and
Deductions, and Conclusions, which our selves
beget and produce, as being more serviceable and
under us, because they are our creatures; par-
ticular cases are made more cleare and evident
to us; for these we can be bold withall, and
put them to any office, and examine, and prove
their truth, or likeliehood, and make them an-
swere as long as wee will aske; whereas the
light of Nature, with a solemne and supercili-
ous Majestie, will speake but once, and give no
Reason, nor endure Examination. But because of these two kindes of light, the
first is to weake, and the other false, (for one-
ly colour is the object of sight, and we not trust
candlelight to discerne Colours) we have there-
fore the Sunne, which is the Fountaine and Trea-
sure of all created light, for an Embleme of that
third best light of our understanding, which is
the Word of God. a Prov. 6. [(a) Mandatum lucerna, &
Lex lux,] sayes Solomon. But yet (b) b Plin: l. 2:
cap 31. as weake
credulous men, thinke sometimes they see two
or three Sunnes, when they see none but Me-
teors, or other apparance, so are many trans-
ported with like facilitie or dazeling, that for some
—————————————————————— Part. 3. Dist. 1. Sect. 1. 103
some opinions which they maintaine, they think
they have the light and authority of Scripture,
when, God knowes, truth, which is the light of
Scriptures, is Divine truely under them, and re-
moved in the farthest distance that can bee. If
any small place of Scripture, mis-appeare to
them to bee of use for justifying any opinion
of theirs; then (as the Word of God hath that
precious nature of gold, that a little quantity
thereof, by reason of a faithfull tenacity and
ductilenesse, will be brought to cover 10000.
times as much of any other Mertall,) they ex-
tend it so farre, and labour, and beat it, to such
a thinnesse, as it is scarce any longer the Word
of God, only to give their other reasons a little
tincture and colour of gold, though they have
lost all the waight and estimation But since the Scripture it self teaches, c 2. Pet. 1:
20. (c) [That
no Prophecie in the Scripture, is of private interpre-
tation,] the whole Church may not be bound and
concluded by the fancie of one, or of a few,
who being content to enslumber themselves in
an opinion, and lazy prejudice, dreame argu-
ments to establish, and authorize that. A (d) d Artemidorus
de somn. Interp.
l: 1. cap. 2. professed interpreter of Dreames, tells
us, [That no Dreame of a private man may be in-
terpreted to signifie a publike businesse,] This I say,
because of those places of Scriptures, which are
aledged for the Doctrin which we now examine,
scarce any one, (except the Precept, Thou shalt
not kill) is offered by any two Authors. But to V2 one,
—————————————————————— Part. 3. Dist. 1. Sect. 1. 156
one, one place, to another, another seemes di-
rectly to governe in the point, and to me, (to
allow Truth her naturall and comely boldnesse)
no place, but that seemes to looke towards it. 2. Why I for-
beare to name
them who cite
these places of
Scripture. And therefore in going over all those senten-
ces, which I have gathered from many Authors,
and presenting convenient answers and interpre-
tations thereof, I will forbeare the names of
those Authors, who produced them so imper-
tinently, least I should seeme to discover their
nakednesse, or insimulat them even of prevari-
cation. 3. If any op-
pose an answer
what I intreat
of him. If any Divine shall thinke the cause, or per-
sons injured herein, and esteeme me so much
worth the reducing to the other opinion, as to
apply an answer hereunto, with the same Cha-
ritie which provoked me, and which, I thanke
God hath accompanied me from the beginning,
I beseech him, to take thus much advantage from
me and my instruction, that he will doe it with-
out bitternesse. He shall see the way the better,
and shew it the better, and saile through it the
better, if he raise no stormes. Such men, (e) e Mare. 1. 17. as they are [Fishers of men,]
4. Why Cler-
gy men may
fish, or hunt
but not with
doggs.so may they also hunt us into their nets, for our
good. But there is perchance, some mystique
interpretation belonging to that (f) Canon
which allowes Clergy men to hunt; for they
f Ex Dist. 86.
Esau. may doe it by Nets and Snares, but not by
Dogges; for clamour and bitings are forbidden
them. And
—————————————————————— Part. 13. Dist. 2. Sect. 1. & 2. 157
And I have been sorry to see, that even Beza 5. Of Beza's
answer to O-
chius Polyga-
my.
himselfe, writing against an Adversary, and a
cause equally and extreamely obnoxious, onely
by allowing too much fuell to his zeale, enra-
ged against the man, and neglecting, or but pre-
scribing in the cause, hath with lesse thorough-
nesse and satisfaction, then either became his
learning and watchfulnesse, or answered his use
and custome, given an answer to Ochius booke
of Polygamy. Distinction II. Sect. I. INIn all the Iudiciall, in all the Ceremoniall 1. No place
offered out of
Iudiciall nor
Ceremoniall
law.
Law delivered by Moses, who was the most
particular in his Lawes of any other, there is
no abomination, no mention of this Selfe-Ho-
micide. He teacheth what we shall, and shall not,
eate, and weare, and speake, and yet nothing a-
gainst this. Sect. II. Of the place
in Gen. 9. 5. But the first place that I find offered against
it is, in Genesis. [I will require your bloud wherein
your lives are, at the hand of every beast will I re-
V3 quire
—————————————————————— Part. 3. Dist. 2. Sect. 3. 158 quire it; and at the hand of man, even at the hand
of a mans brother will I require the life of man;
who so sheddeth mans bloud, by man shall his bloud
be shed.] 2. We are not
bound to ac-
cept the inter-
pretations of
the Rabbins. And this place a very learned man of the
Reformed Church, sayes, the Jewes understand
of Selfe-homicide. But shall wee put our selves
under the Iewes yoake, (a) [That if we finde in the
a Buxdorfius
Synag. Iudaica
ex Rabbi Isaac
cap: 1. fol. 62. Rabbins, things contrary to Nature, wee must dare
to accuse nothing but our owne weakenesse, because
their word is Gods Word, and if they contradict one
another, yet both are from God.] b Lyra in hunc
locum. (b) Lyra who seldome departs from the Iewes,
in matters not controverted between them, and
3. Of Lyra
and of Sâ his
Hebraismes. us, toucheth upon no such exposition; yet hee
expounds it more then one way, and with li-
berty enough, and farre straying. And (c) c Ema. Sâ
Not: in uni-
vers: Script. Emanuel Sâ, who in his notes is more
curious, and superstitious, in restoring all the
Hebraismes, and oftentimes their interpretations,
then perchance that Church would desire at his
hands, offers at no other sense then the words
present. Nor can Selfe homicide fall within the
commination and punishment of that Law, for
how can the Magistrate shed his bloud, who hath
killed himselfe? Sect. III. Of the place
in Deuter. 33.
39. The next is in Deuteronomie: [I kill, and I give
life.] Our of which is concluded, that all au-
thority
—————————————————————— Part. 3. Dist. 2. Sect. 3. 159 thority of life and death is from God, and none
in our selves. But shall we therefore dare to condemne utter-
ly, 4. Iurisdicti-
on of Parents,
Husbands,
Masters, and
Magistrates.
must consist
with this
place.all those states and governments, where Fa-
thers, Husbands, and Masters, had jurisdiction o-
ver Children, wives, and servants lives? If we
dare, yet how shall we defend any Magistracy,
if this be so strictly accepted? and if it admit ex-
ceptions, why may not our case be within those? 5. This place
must be inter-
preted, as the
other places of
Scripture
which have
the same word,
from which no
conclusion can
be wrested a-
gainst this
fact. Howsoever that this place is incongruously
brought, appears by the next words, [There is
not any that can deliver from my hand] or this be-
ing a Verse of that divine poem, which God him-
selfe made and delivered Moses, as a stronger and
more slippery insinuation and impression into the
Israelites hearts, then the language of any Law
would make, expresses onely that the mercies and
judgements of God, are safe and removed from
a 1. Sam: 2.
6. any humane hinderance, or interruption. So (a)
in another gratulatory Song made by Samuels
mother, the same words are repeated, [The Lord
killeth and maketh alive,] and this because God
had given her a son, when she was past hope.
That place also in Tobit (b) b Tob: 13. 2. is fitly paraleld with
this, [He leadeth to hell, and bringeth up, nor is there
any that can avoid his hand.] And can these two
places be detorted to their purpose, That none
but God may have jurisdiction over our tempo-
rall life? Or (c) c Sap: 16.
13. that place of the book of Wis-
dome, which is also ever joyned, as of the same sig-
nification with these, [for thou hast the power of life, and
—————————————————————— Part. 3. Dist. 2. Sect. 4. 160
and death] which is spoken of his miraculous cu-
ring by the Brazen Serpent. So that all these
foure places have one respect and ayme, and none
of them look towards our question. Sect. IIII. 1. Of the
place of
Iob 7. 1. In the order of the Divine books, the next place
is produced out of Job, [Militia est vita hominis
super terram.] for, though our translation give it
thus, [Is there not an appointed time to man upon
earth?] 2. Why they
cite this place
in Latine. yet the Latine Text is thus cited to this
purpose, by some not addicted to the Vulgat E-
dition, because it seems in Latine better to afford
an argument against Self homicide. For therupon
they infer, that we may not depart at our own
pleasure from the battell. But because onely the
Metaphor and not the extending of it, nor infe-
rence upon it, is taken out of the Scripture, it
brings no strong obligation with it, nor deserves
much earnestnesse in the answer, yet to follow
him a little in his Allusion, (a) a Digest. li:
22. tit: 6. le:
9. [A Souldier may
by Law, be ignorant of the Law, and is not much ac-
cusable if he transgresse it.] And by (b) another
b L. 4. tit: 6.
leg: 44. Law, if [a Souldier whose presence is necessary for the
safeguard of the Army, may be absent causa Reipub.
3. Of souldi-
ers priviledges
of absence by
law. and being absent, his absence shall be interpreted to be
so.] And (c) even to those which killed themselvs
in the Army, we noted before in the second part,
c Supra. That the lawes were not severe, if they had any
colour of just cause: So that this figurative ar-
gument
—————————————————————— Part. 3. Dist. 2. Sect. 45. 161 gument profits then nothing, especially being ta-
ken 4. Iobs scope
is, that as war
works to peace
So here we on-
ly labour to
Death. from this place where the scope of Job was
to prove that our felicity and end upon which
our actions are bent, is not in this life, but as wars
work to peace, so we labour here to death, to that
happines which we shall have after. And therfore
whosoever were author of that letter which hath
(d) Christs name to Abgarus, doth not make
d Euseb. l... 1.
cap. 13. Christ say, that when he hath done that for
which he was sent hither, he will come to him,
5. Of Christs
letter to King
Abgarus.and take his offer of halte his Kingdome, but
that when he hath done, he will returne to him
which sent him: That is he will die, so that if
either side have advantage by this place of Job,
we have it. Sect. V. 1. Of the
place Iob 7.
15. And by the other place of Job much more,
which is, [Therefore my soule chuseth rather to bee
strangled, and to die, then to be in my bones.] Here-
uupon they infer, That if it might have been law-
full to die so, Job would have done it. But be-
sides that the wretched poverty and feeblenesse
2. Why this
was not law-
full to Job.of this manner of Negative arguments, Iob did it
not, therefore he might not do it, we may per-
ceive by the whole frame of the History, that
God had chosen him for another use, and an ex-
ample of extream patience. So that for any thing
that appears in Iobs case, he might not lawfully
doe it, because he could propose nothing but X his
—————————————————————— Part. 3. Dist. 2. Sect. 5. 162
his own ease. Yet Iob whose sanctity I thinke it fa-
criledge to diminish, whether he were a person
or personate in their confession strayed thus farre
towards killing himselfe, as to wish his death,
3 His words
seeme to shew
some steps
toward a pur-
pose of Selfe-
homicide. and curse his birth; for his whole third Chap-
ter is a bitter and malignant invective against it,
and a violent wishing of his own death. (a) Sextus Senensis gives an answer for him so
4. Sex: Sen:
and Grego-
ries exposition
thereof. literall, as it can admit or reach to no sense, which
is, [That cursing his birth day which then was past,
he cursed nothing.] a Sex: Sen:
Bibliot. Sanct.
lib: 8. He-
res. 10.And (b) Saint Gregory gives an answer so
mysticall, as no sense can reach to it, which is,
[That there is a second birth into Sinne in this world,
and b Greg. Mor:
l: 4. cap. 6. Job cursed his entrance into that.] And so be-
cause these words might bee readily taken for
an inordinate wishing of death; Gregory pro-
vides them also a mysticall interpretation, for the
Latine reading it thus, [Suspendium elegit anima
mea,] he saye, [This was Suspendium spirituale
which was but an elevation of the minde; as S. Paul
Gal: 2. said, Christo crucifixus sum cruci] But besides that
this escape will not serve, when the Originall
word is considered, and that the next verse is, [De-
speravi, nequicquam ultra vivam] in the twentieth
verse, he chides God by the name of [O thou pre-
server of man] as being angry that he preserved
him, [Being now a burthen to himselfe, and would
not leave him alone, whilst he might swallow his
spittle.] And he ends that Chapter thus, [If thou
seekest me in the morning, I shall not be found.] This I say
—————————————————————— Part. 3. Dist. 2. Sect. 5. 163
say, onely to show that one whom none hath ex-
ceeded in holines, may without any detortion
of his words, be argued to have stept farre to-
wards a purpose of killing himselfe. Who list
to give any other construction to his words
shall not displease me, nor impaire the strength
of our Proposition. 5. Wherin I
differ from the
Anabapt. who
affirme that
Iob despaired. And though I confesse, I have not read any to
expound these words of Iob directly thus, and
though. I know the opinion in generall of his de-
spairing, be thus I much discredited, that it is held
by the Anabaptists, yet, besides that, it is not just
nor ingenuous, to condemn all that a condemnd
6. S. Hierome
and the Trent
Councell erre
in condemn-
ing all which
a condemned
man saith. man says, (for even a leprous man may have one
hand clean to take and give withall). And S. Hier.
is inexcusable, in that point of his slippery zeal,
in his behaviour towards Vigilantius, yea the
Trent Councell it selfe is obnoxious therein, for
condemning Names of Authors, and not Books.
Besides this I say, the Anabaptists differ from
me in their end and purpose, for they impute
despaire to Iob, onely to infirme the Authority
of the booke, which scismatically they labour to
rent from the Canon of Scripture: But I justly
with the consent of all Christian Churches ad-
mitting it for such say that Job might keep his
sanctity and the Book his Dignity, and yet he
might have a purpose to kill himselfe. 7. Of them
which impute
despayre unto
Christ. For very many reverend Authors in the Re-
formed Church, not rashly to be forsaken, have
imputed to our most blessed Saviour, as neer ap-
X2 proaches
—————————————————————— Part. 3. Dist. 2. Sect. 6, & 7. 164 proaches to a more dangerous kind of despaire,
then we impute to Iob, without diminishing him,
or his Scriptures. Sect. VI. I finde also another place. of Job obtruded.
1. Of the
place Iob. 2. 4. [Skin for skin, and all that ever a man hath will
he give for life.] From which words they
argue a Naturall love in us to this life. Let it be true, (though the Devill say it, for
the words are his) that our sensitive Nature is
too indulgent to this life, (though I feare I have
offended and furfetted you in the first Part with
Examples of meer Naturall and Sensitive men,
which have chosen death,) yee will that prove
that our Reasonable Nature may in no case cor-
rect that enormity? This is as strong against
Gods outward calling us to him by sicknesse,
or persecution, as against any such inward mo-
tions. Sect. VII. 1. Of the
place Eccl. 20.
16. As unproperly, and unprofitably to their ends
and purpose, do they offer that place of Eccle-
stasticus, [Non est census supra censum falutis Cor-
poris,] which I place here, though out of Or-
der, because of the affinity betweene this place,
and the last, and that one answer, is, at least,
enough for them both. For, though this place may
—————————————————————— Part. 13. Dist. 2. Sect. 8. 165
may prove that wee naturally love this body,
2. This place
is not of safe-
ty, but of
health. (yet it is not of the fafety of the body, as it all
men desired that the body might live, but it is
of bodily health whilst it doth live,) yet it
proves not, that wee may in no case aban-
don it. Sect. VIII. 1. Of the
place Exodus
20. The most proper, and direct, and strongest
place is the Commandement; for that is of Mo-
rall Law, [Thou shalt not kill;] and this place
is cited by all to this purpose. But I must have leave to depart from a 23. q: 5. Si
non licet. (a) S.
Augustines opinion here, who thinks that this
2. S. August.
thinks this law
to concerne
ones self more
directly then
another. Commandement is more earnestly bent upon a
mans selfe, then upon another; because here
is no addition, and in the other, there is, [A-
gainst thy Neighbour,] or certainely, I am as much
forbid by that Commandement to accuse my
selfe falsely, as my Neighbour, though onely
he be named. And by this I am as much for-
bid 3. This law
hath many ex-
ceptions. to kill my neighbour as my selfe, though
none be named. So, as it is within the circuit
of the Command, it may also bee within the
exceptions thereof. For though the words be
generall, Thou shall not kill, we may kill beasts;
Magistrates may kill men; and a private man
in a just warre, may not onely kill, contrary
to the sound of this Commandement, but hee
may kill his Father, contrary to another. X3 When
—————————————————————— Part. 3. Dist. 2. Sect. 8. 166 When two naturall Lawes contrary to one
4. Lawes of
the first Table
are strictioris
vinculi, then
of the later. another occurre, we are bound to that which is
strictioris vinculi. As all Lawes concerning the Honour of God,
and Faith, are in respect of the second Table,
which is directed upon our Neighbour by Cha-
ritie. If therefore there could bee a necessity,
that I must doe an act of Idolatry, or kill, I
were bound to the later. 5. A case
wherin it is
probable that
a man must
kill himself. By which Rule If perchance a publique exem-
plary person, which had a just assurance that
his example would governe the people, should
be forced by a Tyrant, to doe an act of Ido-
latry, (although by circumstances he might sa-
tisfie his owne conscience, that he sinned not in
doing it,) and so scandalize and endanger them,
if the matter were so carried and disguised, that
by no way he could let them know, that he did
it by constraint, but voluntarily, I say, per-
chance he were better kill himselfe. It is a safe Rule, [(a) a Acatius de
privil. l. c. 3. Iury Divino derogani non po-
test, nisi ipsa derogatio suri Divino constet.] But
since it is not thought a violating of that Rule,
[(b) b Navr. Ma-
nual. cap. 15.
n. 2. To kill by publique Authority or in a just Warre,
or defence of his life, or of anothers.] why may
not our case be as safe and innocent? If any importune me to shew this Priviledge,
or exemption of this case from the Comman-
ment, I may with (c) c Supra. Sotus retort it, and call
for their priviledge to kill a Day thiefe, or any
man in defence of another. And
—————————————————————— Part. 3. Dist. 2. Sect. 9. 167
And as these Lawes may be mediately and 6 As Lawes
against Day-
theeves may
be deduced
from the Law
of God au-
thorizing
Princes, so
may this from
the Comman-
dement, of
preferring
Gods glory.
secondarily deduced from the conformity of o-
ther Lawes, and from a generall Authority which
God hath afforded all Soveraignes, to provide
as necessities arise; So may our case bee derived
as well from that necessary obligation which
lyes alwayes upon us, of preferring Gods glo-
rie above all humane respects. So that we can-
not be put to shew, or pleade any exemption,
but when such a case arises, wee say that that
case never was within the reach of that Law.
Which is also true of all the other which we
called exemptions before. 7 Whatsoever
might have
been done be-
fore the Law,
this Law for-
bids not. For, whatsoever might have beene done be-
fore the Law, (as this might, if it be neither a-
gainst Nature, nor Justice, from both which we
make account that wee have acquitted it,) upon
that, this Commandement never fell, not ex-
tended to it. Sect. IX. I have found also a place urged out of the
1 Of the place
Sap. 1. 12. Booke of Wisdome, which is, [Seeke not death in
the errour of your life.] Which being ever cou-
pled Deut. 4. 24. with another place in Deuteronomie, by
collation of the two places it appeares, That
that which is forbidden there, is Idolatry, and
by Death is meant the Second Death, or the
way to it. And so this Distinction which was intended for
—————————————————————— Part. 3. Dist. 3. Sect. 1. 166
for the places cited from the Books of the old
Testament, shall here have an end; and to the
next we allow those of the New. Distinct. III. Sect. I. OFOf which the first that I have observed is
1. Of the
place Matt. 4.
6. in Matthew when the Devil tempts Christ
thus, [If thou be the Son of God, cast thy self
downe.] With all Expositors I confesse, this was
a temptation to vain glory, and therefore most
appliabl to our case, where we make account, that
we work somwhat to the service of God, and ad-
vancement of his glory, when we allow this to
be done; and it is a very slippery passage, and a
devout man were out of the nature of devotion,
likelier to erre that way, then a worldly, but that
the hand of God is extended to the protection
of such. 2. Christ,
where it con-
duced to his
owne ends,
did as much as
the Devill did
tempt him to,
in this place. But directly this place will not shake, nor at-
tempt our proposition, for though Christ would
not satisfie the Devill, nor discover himselfe, yet
he did as much when it conduced to his owne
ends, as the Devill tempted him to in this place,
or the other; both in changing the species and nature
—————————————————————— Part. 3. Dist. 3. Sect. 2. 169
nature of water into Wine, and in exposing him-
selfe to certaine danger when he walked upon
the waters. Christ refused no difficultie, nor ab-
stained from Miracles, when he knew he profi-
ted the beholders; nor doe I say, that in any
other case, then when we are probably and ex-
cusably assured, that it isto a good end, this may
be lawfull to us. Sect. II. The next place is in the Acts of the Apostles.
1. Of the
place Acts 16.
17. [The keeper of the prison drew out his Sword, and would
have killed himselfe, supposing the Prisoners had
beene gone; But Paulcryed, Doe thy selfe no harme,
for we are all here.] To which I say, That by the
2. S. Paul
knew Gods
purpose of
baptising the
keeper. same Spirit by which Paul being in the inner Pri-
son in the darke, knew what the Keeper thought,
and what hee was about to doe without, hee
knew also Gods purpose to be glorified in the
conversion of him and his Family; and there-
fore did not onely reclaime him from that pur-
pose, which was inordinate, and for his owne
sake, to escape punishment, (in which yet wee
may observe how presently Mans nature in-
clines him to this remedy) but also forbears to
to make his benefit of this Miracle, and to e-
scape 3. Els saith
Caluin, he had
frustrated
Gods way to
give him an
escape by the
keepers death. away: and so, though he rescue the Kee-
per, he betrayes himselfe. And therefore Calvin upon this place makes
to himselfe this objection, [That Paul seeing all Y his
—————————————————————— Part. 3. Dist. 3. Sect. 3. 170
his hope of escape to consist in the death of the Keeper,
neglected that way of liberty which God offered him,
when he restnained the Keeper from killing himselfe.]
And he answers it onely thus, [That hee had a
conscience and insight into Gods purpose and decree
herein.] For otherwise, if he had not had that
(which very few attaine to have) it seemes he
ought to have permitted the keeper to proceed,
to facilitate thereby his way of escaping. Sect. III. 1. Of the
place Rom. 3.
8. Which also inferres some answer to another
place of Saint Paul, where hee delivers and dis-
charges himselfe, and his fellow Apostles, of
having taught this Doctrine, [That a man might
doe evill, that good might come thereof.] And con-
sequently it is well and by just Collection pro-
nounced that he forbids that Doctrine. 2. How Paul
forbids evil to
be done for
good. And we also humbly subscribe to that Rule,
and accept it so, as Saint Paul intends it; that
is, in things which Nature, and not Circum-
stance makes evill. And in these also, when any
such circumstance doth make them evill, as an-
other circumstance to the contrary doth not
praeponderate and over-rule this. This there-
fore we must have liberty to enlighten with a
larger discourse. 3. God al-
ways inflicteth
Malum pœnæ by
Instruments. Of the evils which seeme to us to bee of
punishment, of which kind Death is, God
ever makes others his executioners; for the greatest
—————————————————————— Part. 3. Dist. 3. Sect. 3. 171
greatest of all, though it be spirituall, which is
Induration, is not so wrought by God himselfe
immediately, as his spirituall comforts are, but
Occasionally, and by Desertion. Sometimes in these God imployes his An-
gels, 4. Indurati-
on it self is
sometime me-
dicinall. sometime the Magistrate, sometimes our
selves. Yet all which God doth in this life by
any of these, is but Physicke: for (a) even ex-
caecation a Aqui. 12. q.
79. ar. 4. con. and induration is sent to further Sal-
vation in some, and inflicted medicinally. And
these ministers and instruments of his, are our
Physitians, and wee may not refuse any bitter-
nesse, no not that which is naturally poyson,
being wholesomely corrected by them: For as
in (b) b Hippocrat.
Aphor. l. 2. 38. Cramps which are contortions of the
Sinewes, or in Tetars, which are rigors and
5. Wee may
correct in our
selves one dis-
ease by ano-
ther.stiffenesses in the Muscles, wee may procure to
ourselfe a fever to thaw them, or we may pro-
cure them in a burning feaver, to condense and
attemper our bloud againe, so in all rebellions
and disobediences of our flesh, wee may mini-
ster to our selves such corrections and remedies,
as the Magistrate might, if the fact were evi-
dent. But, because though for prevention of
evill, wee may doe all the offices of a Magi-
strate upon our selves, in such secret cases, but
whether we have that authority to doe it after
or no, especially in Capitall matters, is dispu-
table, and at this time, wee need not affirme it
precisely, I will examine the largenesse of that
power no farther now. Y2 But
—————————————————————— Part. 3. Dist. 3. Sect. 3. 172
But descend to that kinde of evill, which 6. In things
evill in such
sence as Paul
taketh them
here, Popes
dayly doe di-
spence.
must of necessity be understood in this place of
Paul? which is, that we account naturally evill.
And even in that, the Bishops of Rome have ex-
ercised their power, (c) to dispence with Biga-
my, c Dist. 34. le-
ctor gloss. which is in their doctrine directly against
Gods Commandement, and therefore naturally
evill. So did (d) d Bodinus
Dæmon. l. c. 5. Nicholas the fift, dispense with
a Bishop in Germany, to consult with Witches,
for recovery of his health; and it were easie to
amasse many cases of like boldnesse. In like manner (e) e Windek de
consens. et dis-
sens. leg. et Can.
ca. 11. the Imperiall Law tolle-
rates Vsurie, Prescription, Mala fidei, and De-
ceit ad Medium, and expressely allowes (f) Witch-
craft, 7. So doe the
Civill Laws. to good purposes. [Conformably to which
Law, Paracelsus sayes, It is all one whether God or
f Cod. tit. de
malef. l. 4. S.
eorum. the Devill cure, so the Patient be well.] And so the (g) g Paracel. l. de
morb. cad. Canons have prescribed cer-
tain rules of doing evill, when we are overta-
ken h Dist. 14. cap.
Duo mala. with perplexities, to chuse the least, of which
(h) S Gregory gives a naturall example, [That a
i Dist. ead. cap.
Nerui. man attempted upon a high wall, and forced to
leape it, would take the lowest place of the wall.]
k Nav. Man.
c. 17. num. 263.And agreeably to all these, the (k) Casuist
say, [That in extreame necessitie, I sinne not if I
8 So do Ca-
nons. induce a man to lend me mony upon usury: And the
reason is, because I incline him to a lesse sinne, which
l Bellar. de A-
mis. grat. &
stat. peccat. l. 2.
c. 3. ex Hag.
de vict & Tho. is usury, when else he should be a homicide, by not
releiving me.] And in this fashion (l) God him
selfe is said to work evill in us, because when our
heart is full of evill purposes, he governs and
9 So doth God
occasion lesse
sin to avoid
greater. disposes
—————————————————————— Part. 3. Dist. 3. Sect. 3. 173
disposes us rather to this then to that evill, wher-
in though all the vitiousnesse be ours, and evill,
yet the order is from God, and good. Yea,
he doth positively encline one to some certain
evill thus, That he doth infuse into a man some
good thoughts, by which, he, out of his vitious-
nesse takes occasion to thinke he were better
doe some other sinne then that which he inten-
ded. Since therefore all these lawes and practi-
ses concurre in this, that we sometime doe such
evill, not onely for expresse and positive good,
but to avoid greater evill, all which seems to be
against this doctrine of S. Paul. 9. What any
other may di-
spence withall
in us, in extre-
mity we may
dispence with-
in our selves.
Supra. And since, whatsoever any humane power
may dispence withall in us, we, in extream ne-
cessity, in impossibility of recourse to better
counsell, in an erring conscience, and in many
such cases, may dispence with our selves, (for
that Canon of duo mala, leaves it to our natu-
rall reason, to judge, and value, and compare,
and distinguish betweene those two evills which
shall concurre.) And since for all this, it is certaine, that
10. Yet noe
such dispensa-
tion changeth
the nature of
things, there-
fore that par-
ticular was
never natural-
ly evill. no such dispensation from another, or from
my selfe, doth so alter the nature of the
thing, that it becomes thereby the more or
the lesse evill, to mee there appeares no
other interpretation safe, but this, That there is
no externall act naturally evill; and that circum-
stances condition them, and give them their na-
ture; as scandall makes an indifferent thing hai-
Y3 nous
—————————————————————— Part. 3. Dist. 3. Sect. 3. 174 nous at that time, which, if some person go out
of the roome, or winke, is not so. 11. The Law
it self is nei-
ther good nor
evill. The Law it selfe, which is given us as a
light, that we might not stumble, and by which
we see, not what is evill naturally (for that we
see naturally, and that was so even, to us, before
the law declared it) but what would bee evill
(that is produce evill effects,) if we did it at that
12. As Picus
notes compa-
ring it to the
firmament. time, and so circumstanced, is not absolutely
good, but in such measure, and in such respects,
as that which it forbids is evill. And there-
fore (m) m Heptapl. l.
7. proem. Picus comparing the Law, to the firma-
ment, (as Moses accepts the word) as he observes,
that the second day, when God made the fir-
mament, he did not say, that it was good, as
he did of every other days work; and yet it was
not evill, (for then saith Picus, it could not have
received the sunne, as if it had beene good, it
had not needed it.) So he reprehends the Mani-
chees, for saying that the Law was evill, yet
he sticks to that of n Ezech. 20.
25. (n) Ezechiel, That it was not
good. That evill therefore which by this place
13. What e-
vill Paul for-
bids, and why.of S. Paul is forbidden, is either Acts, of infide-
lity, which no dispensation can deliver from
the reach of the Law, or els, such acts as
being by our nature, and reason, and approbation
of nations reputed evill, or declared by law or
custome to be such, because of there ordinary
evill effects, doe cast a guiltines upon the doer,
ordinarily, and for the most part, and ever ex-
cept his case be exempt and priviledged. This moved
—————————————————————— Part. 3. Dist. 3. Sect. 3. 175
moved Chrysostome, (whom I cited before) to
Supra. think a ly, and a consent to adulttery, not evill
in Sarah: and this rectified S. Augustines squea-
mishnes so farre, as to leave us at liberty, to
think what we would of that wifes act, which
to pay her husbands debt, let out her self one
14. Nothing
which is once
evill can ever
recover of thatnight. For if any of these things had been once
evill naturally, they could never recover of that
sicknesse; but (as I insinuated before) as those
things which we call miracles, were written in
Supra. the history of Gods purpose, as exactly, and
15. Three
acts were in
God's decree
preserued
from those
staines which
make things
evill, so as
miracles were
written in his
book of na-
ture, though
not in our co-
py; and so, as
our Lady is
said to be pre-
seru'd from o-
riginall sinne. were as certainly to come to passe, as the rising
and setting of the sunne, and as naturally, in
tota compagine naturae, (for there is no interlining
in that book of God:) So in that his eternall
Register where he foresees all our acts, he hath
preserued and defended, from that ordinary
corruption of evill purpose, of inexcusable igno-
rance, of scandall, and of such other inquinations
of indifferent things, (as he is said to have done
our B. Lady from originall sinne in her inani-
mation,) Some of those acts of ours, which to
those who doe not studiously distinguish circum-
stances, or see not the doers conscience, and te-
stimony of Gods spirit, may at the first tast have
some of the brachishnes of sin. Such was (o) Mo-
ses killing of the Egyptians; o Exod. 1. 12. for which there ap-
pears 16. Such was
Moses killing
the Egyptian. no especiall calling from God. But because
this falls not often: S. Paul would not embolden
us, to do any of those things which are customa-
rily reputed evill. But
—————————————————————— Part. 3. Dist. 3. Sect. 3. 176
But if others be delighted with 17. If this
place be taken
of all kind of
evill, it must
admit excepti-
on, as well as
the Decalogu. the more or-
dinary interpretation of this place, that it speaks
of all that which we call sinne, I will not refute
that interpretation, so they make not the Apo-
stles rule, (though in this place this be not
given properly and exactly for a rule;) more
strickt than the morall praecepts of the Decalogue
it self, in which, as in all rules there are natu-
rally included and incorporated some excepti-
ons, which if they allow in this, they are still
at the beginning; for this case may fall within
those exceptions. 18. Other-
wise the appli-
cation which
Bellarm. and
others make
of it will be
intollerable. Otherwise, that the generall application of
this rule, is not proper, as by infinite other places,
so it appears evidently by that in (p) Bellarmine,
where he says, that by reason of this rule, a man
may not with neglecting a poore neighbour,
p De cul. sanct.
l. 4. cap. 7. adorne a church; Yet there are a great many
cases, wherein we may neglect this poore neigh-
bour; and therefore that is not naturally evill.
And certainly whosoever is delighted with such
arguments, and such an application of this text,
would not only have objected this rule to Lot,
when he offered his Daughters, (for there it
might have colour) but would have joyned
with Iudas, when the woman anointed Christ;
and have told her, that allthough the of-
fice which shee did were good, yet the wast
which shee made first, was evill, and against
this rule. SECT.
—————————————————————— Part. 3. Dist. 3. Sect. 4. 177 Sect. IIII. Of the places
2 Cor. 6. 16.
1 Cor. 3. 16.
& 6. 16. The same Apostle doth in divers other pla-
ces use this phrase, That we are the Temples of the
Holy Ghost; And from thence is argued, that it
is an unlawfull Sacriledge to demolish or to de-
face those Temples. But wee are so the Tem-
ples of God, as we are his Images; that is,
by his residing in our hearts. 19 The dead
are still his
Temples, and
Images.
Silvius Com.
ad leges. And who may doubt, but that the blessed
Soules of the departed, are still his Temples,
and Images: Even amongst heathens, those
Temples which were consecrated to their gods,
might in cases of publique good or harme, be
demolished, and yet the ground remaine sa-
cred. 20 Heathens
temples might
be demolished,
yet the soile
remain sacred. And in the two first places, is onely a De-
hortation from polluting our hearts, which are
Gods Temples, with Idolatry, or other sinne.
In the other place he calles our materiall body,
the temple: and he makes it to us an argument
that we should flye from fornication, because
therein wee trespas against our owne body. And
so here arises a double argument, that we may
not doe injurie to our owne body, neither as it
is ours, nor as it is Gods. 21 Pauls rea-
son is in Cases
where we avile
our selves:
here wee ad-
vance our
selves. In the first of these then, he sayes, [A For-
nicator sinnes against, his body;] for as hee sayd
two verses before, [Hee makes himselfe one body
with an Harlot,] and so hee diminishes the dig-
Z nity
—————————————————————— Part. 3. Dist. 3. Sect. 5. 178 nity of his owne person. But is it so, in our
Case? When he withdrawes and purges it from
all corruptions, and delivers it from all the in-
quinations, and venime, and maligne Machinati-
ons of his, and Gods adversaries, and prepares
it by Gods insinuation and concurrence, to that
glory, which without death, cannot bee at-
tained. Is it a lesse dignitie, that himselfe bee the
a Vers. 19. Priest of God, and that himselfe be the Sacri-
fice 22 That our
body is not
our own; how
it is to be un-
derstood here
in Paul. of God, then that he be the Temple? But
sayes Paul, [(a) Your body is the Temple of God,
and you are not your owne.] But saies Calvine here,
you are not so your owne, that you may live
at your owne will, or abuse your body with
pollutions and uncleannesse. Our body is so
much our owne, as we may use it to Gods glo-
ry; and it is so little our owne, as when hee is
pleased to have in, we doe well in resigning it
to him, by what Officer soever he accept it,
whether by Angell, Sicknesse, Persecutron, Ma-
gistrate, or our selves. Onely bee carefull of
this last lesson, in which hee amasses and ga-
thers all his former Doctrine, [(b) b Vers. 20. Glorifie
God in your body, and in your spirit, for they are
his.] Sect. V. The place of the Ephesians hath some affinity 1 Of the place
Ephes. 4. 15. 16
with this; which is, [But let us follow the truth in
—————————————————————— Part. 3. Dist. 3. Sect. 5. 179
in love, and in all things grow up into him, which is
the head, that is Christ, till we are all met together,
unto a perfect man.] By which wee receive the
honour to be one body with Christ our head;
which is (a) a Cap. 5. v. 30. after more expressely declared.
[We are Members of his body, of his flesh, and of
his bone.] And therefore, they say, that to with-
draw our selves, which are limmes of him, is
not onely homicide of our selves, who cannot
live without him, but a Paricide towards him,
who is our common Father. But as in Fencing, Passion layes a man as o-
pen, as unskilfulnesse, and a troubled desire to
hitt, makes one not onely misse, but receive a
wound; so out of an inordinate fervour, to strike
home, hee which alledgeth this place, over-
reacheth to his owne danger; for onely this is
taught herein, that all our growth and vegeta-
tion: flowes from our head, Christ. And that
he hath chosen to himselfe for the perfection of
his body, limmes proportionall thereunto, and
that, as a soule through all the body, so this
care must live, and dwell in every part, that
it be ever ready to doe his proper function, and
also to succour those other parts, for whose re-
liefe or sustentation it is framed, and planted in
the body. So that herein there is no litterall
construction to be admitted, as though the bo-
dy of Christ could be imperfited, by the remo-
ving of any man. For, as from a tree, some
leaves passe their naturall course and season, and Z2 fall
—————————————————————— Part. 3. Dist. 3. Sect. 6. 180
fall againe being withered by age, and some
fruits are gathered unripe, and some ripe, and
some branches which in a storme fall off, are
carryed to the fire; So in this body of Christ,
the Church, (I meane that which is visible) all
these are also fulfilled and performed, and yet
the body suffers no maims, much lesse the head
any detriment. 2 This place
gives argu-
ments to all
which spare
not themselves
for reliefe of
others. This place therefore is so farre from giving
encouragement to any particular man to be care-
full of his owne well being, as the Expositors
(of what perswasion soever in controverted
points) accept from hence an argument, that for
the establishing, and sustentation of the whole
body, a man is bound to depart with all respects
to himselfe, and give his life to strengthen them
which are weake. And this place, as a common Conduit head
hath affoorded justification for Martyrdomes,
for pestilent visitations, and for all those Deser-
tions of our selves, and of our naturall right of
preserving our selves, which wee had occasion
to insist upon before. Sect. VI. 1. Of the
place Epb. 5. As therefore that construction doth well con-
sist with those words, so doth it also with the
words in the next Chapter, [No man ever ha-
ted his owne flesh, but nourished it, &c.] Of which
Hate, because we are to speake when wee come to
—————————————————————— Part. 3. Dist. 4. Sect. 1. 163
to Christs Commandement of Hating our life,
we will here onely say, with (a) Marlorate upon
a Marlor. in
hunc locum. this place, [He hates not his flesh, who hates the de-
sires thereof, and would subject it to the Spirit: no
2. How Mar-
lor. expounds
this hate. more then a Goldsmith hates that gold, which hee
casts into a furnace to purifie, and reduce to a better
fashion.] And, because out of the Armory of
Scripture I have not found that they take any
better weapons, nor any more, we may here end
this Distinction. Distinction IV. Sect. I. INIn the next our busines is, to try of what 1. Of places
of scriptures
on the other
part.
force and proofe their armes are against their
adversaries forces. Of which we shall oppose
two sorts; The first naturall and assured Sub-
jects, which are, Reasons arising naturally from
places of Scripture, and these, in this distinction;
2. We may,
but our ad-
versaries may
not make use
of examples.
to which the
answer of
Martyr and
Lavater is
weake. The other, Examples, as Auxiliaries. For though
we rely not upon them, yet we have this ad-
vantage in that kind, that our aduersaries can
make no use, nor profit of Examples. And
therefore that answer which both Peter Martyr,
and Lavater from him make, that we must not
live by examples, and that if examples proved Z3 any
—————————————————————— Part. 3. Dist. 4. Sect. 1. 182
any thing they had the stronger side, (that is,
there have beene more men which have not
killed themselves, then which have,) may well
seeme from peremptorinesse, and lazinesse, and
impossibillity of better defence, to have too
3. The Na-
ture, degrees,
and effects of
Charity. much allay, to be currant. To prepare us there-
fore to a right understanding, and application
of these places of scripture, we must arrest a-
while vpon the nature, and degrees, and effects
of charity; the mother, and forme of all ver-
tue; which shall not onely lead us to heaven,
(for faith opens us the doore) but shall con-
tinue with us when we are there, when both
Faith, and Hope, are spent and uselesse. 4. S. August.
pourtraite of
her.We shall no where find a better pourtrait
of charity, then that which S. Augustine hath
drawne: she loves not that which should not
be loved; she neglects not that which should
be loved; she bestows not more love upon that,
which deserves lesse; nor doth she equally
love more and lesse worthines; nor upon e-
quall a De natura
et gratia cap.
ult. worthines, bestow more and lesse love.
(a) To this charity the same blessed and happy
5. Of her
highest perfe-
ction, beyond
that which P.
Lombard ob-
served out of
Aug. Father, proportions this growth. [Inchoated,
increased, growne great, and perfected, and this last
is, saith he; when in respect of it, we contemne this
life] And yet he acknowledgeth a higher cha-
rity then this. For (b) P. Lombard allowing
b Lomb. l. 3.
Dist. 3. charity this growth, [beginning, proficient, per-
fect, more, and most perfect.] he cites (c) S.
c In epist. Io.
tract. 5. Augustine who calls [that perfect charity to be rea-
die
—————————————————————— Part. 3. Dist. 2. Sect. 2. 183 die to dy for another.] But when he comes to
that, then which none can be greater, he says
then, the Apostle came to (d) d Phil. 1. 23 cupio dissolvi. For as [(e) e Serarius tri-
heresi. l. 1. ca.
8. one may love God, with all his heart,
and yet he may grow in that, and love God more with
all his heart, for (f) f Deut. 6. 5. the first was commanded in the
Law, and yet (g) g Mat. 5. counsail of perfection was given to
6. He who
loves God
with all his
heart, may
love him more him, who said that he had fullfilled the first commande-
ment,] So as S. Augustine found a degree a-
bove that charity, which made a man paratum
ponere which is cupere, so there is a degree a-
bove that, which is to doe it. This is that vertue, by which (h) h Aqui. 22.
q. 124. ar. 3. Martyrdome,
which is not such of it self, becomes an act of
highest perfection. And this is that vertue, which (i) i Aqui. 22.
q. 136. ar. 3. assureth
any suffering which proceeds from it to be in-
fallibly 7. Any suf-
fering in cha-
rity hath infa-
libly the grace
of God. By
Aquin. accompanied with the grace of God.
Vpon assurednes therefore, and testimony of
a rectified conscience, that we have a charitable
purpose, let us consider how farre we may
adventure upon authority of Scripture in this
matter which we have in hand. Sect. II. 1. Of the
place 1 Cor.
13. 4. First therefore by the frame and working of
Saint Pauls argument to the Corinthians, [Though
I give my body that I be burned, and have not love, it
profiteth nothing.] These two things appeare evi-
dently. First,
—————————————————————— Part. 3. Dist. 4. Sect. 2. 184
2. By this in
common re-
putation, that
was a degree
of perfection
to dye so. And
charity made
it acceptable. First, That in a generall notion and common
reputation, it was esteemed a high degree of per-
fection to dye so, and therefore not against the
Law of Nature. And secondly, by this ex-
ception, (without Charity) it appeares, that with
Charity it might well and profitably be done. 3. Paul speaks
of a thing
which might
lawfully be
done, for such
are all his gra-
dations in this
argument. For the first, if any thinke that the Apostle
here takes example of an impossible thing, as
when it is sayd, [If an Angel from heaven teach
other doctrine,] he will, I thinke, correct him-
selfe, if he consider the former verses, and the
Apostles progresse in his argument; wherein
to dignifie Charity, the most that hee can, hee
undervalues all other gifts, which were there am-
bitiously affected. 4. Tongues
of Angels in
what sence in
this place. For Eloquence he sayes, it is nothing to have
all Languages, no not of Angels; which is not
put literally, for they have none; but to ex-
presse a high degree of Eloquence, as Calvine
sayes here. Or, as Lyra sayes, by language of
Angels is meant, the desire of communicating
our conceptions to one another. And then he
adds, That knowledge of Mysteries and Pro-
phecies, is also nothing; which was also much
Calvin. affected. And for Miraculous Faith, it is also
5. Speech in
the Asse, un-
derstanding
of mysteries
in Iudas, mi-
raculous faith
make not the
possessor the
better.nothing. For the first of these guifts, doth not make a
man better; for Balams Asse could speake, and
was still an Asse. And the second Judas had,
and the Pharisees. And the third is so small a
matter, that as much as a graine of Musterseed is enough
—————————————————————— Part. 3. Dist. 4. Sect. 2. 185
enough to remove mountaines. All these therefore
were faisable things, and were sometimes done.
So also, after he had passed through the gifts of
knowledge, and gifts of utterance, hee presents
the gifts of working in the same manner; and
therefore, as he sayes, If I feed the poore with all
my goods, (which he presents as a harder thing
then either of the other, (for in the other God
gives me, but here I give other) yet possible to
be done.) So he presents the last, If I give my
body, as the hardest of all, and yet, as all the rest,
sometimes to be done. 6 How I dif-
fer from the
Donatists ar-
guing from
this place, that
in charity self-
homicide was
alwaies law-
full. That which I observed secondly to arise from
this argument, was, That with Charity such a
death might be acceptable. And though I know
the Donatists are said to have made this use of
these words, yet, because the intent and end
conditions every action, and infuses the poyson,
or the nourishment which they which follow
suck from thence, and we know that the Dona-
tists rigorously and tyrannously racked and de-
torted thus much from this place, That they
might present themselves to others promiscu-
ously to bee killed, and if that were denied to
them, they might kill themselves, and them
who refused it. 7 To give my
Body, is more
then to let it
be taken. Yet, I say, I doubt not but thus much may
naturally be collected from hence, that by this
word, If I give my body, is insinuated some-
what more then a prompt and willing yeel-
ding of it, when I am enforced to it, by the Aa perse-
—————————————————————— Part. 3. Dist. 4. Sect. 2. 186
persecuting Magistrate. Metaph. in Ni-
ceph. Martyr. And that these words will justifie the fact of
the Martyr Nicephorus, being then in perfect
8 How Nice-
phorus the mar-
tyre, gave his
body in Sapri-
tius his roome,
who recanted. Charity. Whose case was, That having had
some enmitie with Sapritius, who was brought
to the place where he was to receive the blou-
dy crowne of Martyredome, he fell downe to
Sapritius, and begged from him then, a pardon
of all former bitternesses. But Sapritius elated
with the glory of Martyredome, refused him;
but was presently punished; for his faith coold,
and he recanted, and lived. And Nicephorus stand-
ing by, stepped into his roome, and cryed, I am
also a Christian, and so provoked the Magi-
strate to execute him; least from the faintnesse
of Sapritius, the cause might have received a
wound, or a scorne. And this I take to bee Gi-
ving of his body. 9 There may
be a case that a
man bound to
give his body,
cannot doe it
otherwise then
by selfe-homi-
cide. Of which, as there may be such necessitie for
confirming of weaker Christians, that a man
may be bound to doe it, as in this case, is very
probable. So there may bee cases in men very
exemplary, and in the cunning and subtile car-
riage of the Pesecutor, as one can no other way
give his body for testimony of Gods truth, to
which he may then be bound, but by doing it
himselfe. SECT.
—————————————————————— Part. 3. Dist. 4. Sect. 3, & 4. 187 Sect. III. 1 Of the places
Joh. 10. 11. &
Joh. 15. 13. As therefore Naturally and Customarily men
thought it good to dye so, and that such a death
with charity was acceptable, so is it generally
said by Christ, [That the good Shepherd doth give
his life for his sheepe.] Which is a justifying and
approbation of our inclination thereunto. For
to say, The good doe it, is to say, They which
doe it are good. 2 I need not
purge my self,
when anothers
crime is im-
puted to me. And as we are all sheep of one fold, so in ma-
ny cases, we are all shepherds of one another,
and owe one another this dutie, of giving our
temporall lives, for anothers spirituall advan-
tage; yea, for his temporall. For (a) that I may
a Sot. de teg.
Secret. Memb.
1. q. 3. abstaine from purging my selfe, when anothers
crime is imputed to me, is grounded upon such
another (b) Text as this, where it is said, The
greatest love, is to bestow his life for his friend. b Joh. 15. 13. In
which, and all of this kind, we must remember,
that we are commanded to doe it so, as Christ
did it; and how Christ gave his body, we shall
have another place to consider. Sect. IV. 1 Of the place
Ioh. 13. 37. Hereupon because Saint Peters zeale so for-
ward, and carried him so high, that hee would
dye for the Shepherd; for so he saies, [I will
lay downe my life, for thy sake.] And this, as all Aa2 Expo-
—————————————————————— Part. 3. Dist. 4. Sect. 5. 188
Expositors say, was meerely and purely out of 2 Peters rea-
dinesse was
naturall. Pauls
deliberate.
naturall affection, without examination of his
owne strength to performe it; but presently
and roundly Nature carryed him to that pro-
mise. And upon a more deliberate and orderly
resolution, Saint Paul witnesseth of himselfe such
2 Cor. 12. 15. a willingnesse to dye for his brethren, [I will be
gladly bestowed for your soules.] Sect. V. 1 Of the place
Ioh. 10. 15. A Christian nature rests not in knowing
thus much, That we may doe it, That Chari-
tie makes it good, That the good doe it, and
that wee must alwaies promise, that is, encline
to doe it, and doe something towards it, but
will have the perfect fulnesse of doing it in the
resolution and doctrine, and example of our
blessed Saviour, who saies, de facto, [I lay down
2 Why Christ
saies this in the
present time. my life for my sheepe.] And saith Musculus, hee
useth the present word, because hee was ready
to doe it: and as (a) a Act. 15. 26. [Paul and Barnabas, men
yet alive; are said to have laid downe their
lives for Christ.] But I rather thinke, (because
exposing to danger, is not properly call'd a dy-
ing,) that Christ said this now, because his Pas-
sion was begun; for all his conversations here
were degrees of exinanition. 3 Of the a-
boundant cha-
rity of Christ. To expresse the abundant and overflowing
charitie of our Saviour, all words are defective;
for if we could expresse all which he did, that came
—————————————————————— Part. 3. Dist. 4. Sect. 5. 189
came not neere to that which he would doe, if
need were. It is observed by (b) b De Suidone.
pa. 1. Notæ in
Ca. 11. one, I (con-
fesse, too credulous an Authour, but yet one
that administers good and wholesome incite-
ments to Devotion,) That Christ going to E-
maus 4 Of his speech
going to Ema-
us. spake of his Passion so sleightly, as though
he had in three dayes forgot all that he had suf-
fered for us. 5 Of his Appa-
rition to Saint
Charles.And that Christ in an apparition to Saint
Charles, sayes, that he would be content to dy
againe, if need were. Yea, to (c) c Revel. Brig.
l. 1. ca. 59. Saint Brigit he said, [That for a-
ny one soule he would suffer as much in every limme,
6 Of the Re-
velation to St.
Brigit. as he had suffered for all the world in his whole bo-
dy.]
d Suidon. p. 1.
Not. in Ca. 16. And (d) this is noted for an extreame high
degree of Charity, out of Anselme, that his B.
7 Of his Mo-
thers Charitiy. Mother said, [Rather then he should not have been
Crucified, shee would have done it with her owne
hands.] 8 That none
could take a-
way his soule. And certainly his charity was not inferiour
to hers; He did as much as any could be wil-
ling 9 His owne
will the onely
cause of his
dying so soone.
by St. Aug. to doe. And therefore, as himself said,
[No man can take away my soule] And [I have
power to lay it down;] So without doubt, no man
did take it away, nor was there any other then
10 And by
Aquin. because
he had all his
strength. his own will, the cause of his dying at that time;
many Martyrs having hanged upon Crosses ma-
ny days alive: And the theeves were yet alive;
And therefore e Mar. 15. (e) Pilate wondred to heare that
Christ was dead. [His Soule, saith (f) f De Trinit.
l. 1. cap. 13. S. Aug. Aa3 did
—————————————————————— Part. 3. Dist. 4. Sect. 5. 190
did not leave his body constrained, but because he
would, and when he would, and how he would.] Of
which (g) g 3. q. 47. ar.
1. ad 2. S. Thomas produces this symptome,
That he had yet his bodies nature in her full
h Mat. 27.
50. strength, because at the last moment he was a-
ble to cry with a loud voice. And (h) Marlo-
rate 11. And by
Marl. because
he bowed his
head, and it
fell not, as
ours in death. gathers it upon this, that whereas our heads
decline after our death by the slacknesse of the si-
news and muscles, Christ did first of himself bow
downe his head, and then give up the ghost. So,
i Luc. 18.
33. though it be truly said (i) [After they have scourged
him, they will put him to death,] yet it is said so, be-
cause 12 How it is
true that the
Jewes put him
to death. malitiously and purposely to kill him they
inflicted those paines upon him; which would in
time have killed him, but yet nothing which they
13. Of Aquin.
and Syluesters
opinion of
him. had done occasioned his death so soone. And therefore (k) S. Thomas, a man neither
k 2. q. 47. ar.
1. Con. of unholy thoughts, nor of bold or irreligious
or scandalous phrase or elocution, (yet I ad-
venture l Verbo matri-
monium. not so farre in his behalfe as (l) Sylve-
ster doth, [that it is impossible that hee should
14. Christ
was so the
cause of his
death, as he is
of his wetting,
which might,
and doth not
shut the win-
dow in raine
by Aqui. have spoken any thing against faith or good man-
ners,]) forbeares not to say, [That Christ was
so much the cause of his death, as he is of his wet-
ting, which might and would not shut the windowe,
when the raine beats in.] This actuall emission of his soule, which is
15. Who imi-
tated Christ
in this actuall
emission of
the soule. death, and which was his own act, and before his
naturall time, (m) (which his best beloved Apo-
stle could imitate, who also died when he
would, and went into his grave, and there gave
m Aquin. supr.
Ioh. cap, 21. up
—————————————————————— Part. 3. Dist. 4. Sect. 6. 191
up the Ghost, and buried himselfe, which is re-
ported l Sophro. prat.
spir. cap. 90.
de phter. Anco.
Et Surius To.
1. feb. de Sever.
Raven. but of very (n) few others, and by no
very credible Authors,) we find thus celebra-
ted, (o) That that is a brave death, which is
accepted unconstrained; and that it is an He-
roique m Sind. Not.
inc. 21. ad 6. Act of Fortitude, if a man when an ur-
gent occasion is presented, expose himselfe to a
certaine and assured death, as he did. 16. Vpon
what reasons
this fashion of
dying in
Christ is calld
Heroique, and
by like epi-
thites. And it is there said, that Christ did so, as
Saul did, who thought it foule, and dishonou-
rable to dye by the hand of an Enemy. And
that Apollonia, and others who prevented the
fury of Executioners, and cast themselves into
the fire, did therein immitate this act of our Sa-
viour, 17. Christ
is said to have
done herein as
Saul and Apol.
and such. of giving up his soule, before hee was
constrained to do it. So that if the act of our bles-
sed Saviour, in whom there was no more requi-
red for death, but that he should wil that his soule
should goe out, were the same as Sauls, and these
Martyrs actuall furtherance, which could not
dye without that, then wee are taught that all
those places, of Giving up our bodies to death, and
of Laying downe the soule, signifie more then a
yeelding to death when it comes. Sect. VI. 1 Of the places
Iohn 12. 25.
and Luc. 14.
26. And to my understanding there is a further
degree of alacrity, and propensenesse to such a
death, expressed in that phrase of John, [Hee
that hateth his life in this world, shall keepe it unto life
—————————————————————— Part. 3. Dist. 4. Sect. 7. 192
life eternall.] And in that of Luke, [Except he
hate his owne life, he cannot be my Disciple.] Such
a lothnesse to live is that which is spoken of in
the Hebrews, a Heb. 11. 35. [Some were rack'd, and would not bee
delivered, that they might receive a better Resurre-
ction.] This place b In Ioh. 12.
25. Calvine interprets of a readi-
nesse to dye, and expresses it elegantly, To car-
rie 2. Iesuites ap-
ply particu-
larly this hate. our life in our hands, offering it to God for
a Sacrifice. And this the Jesuits in their rule
c Reg. Iesuit.
Constit. spirit.
8. extend thus farre, [Let every one thinke that this
was said directly to him, Hate thy life.] 3. If the other
place, noe
man hates his
owne flesh, be
against homi-
cide; This
must be for it. And they who in the other place, accept this
phrase, No man hateth his owne flesh, to yeeld an
argument against Selfe-homicide in any case, must
also allow that the same hate being comman-
ded here, authorises that act in some case. 4. S. August.
denies that
this place ju-
stifies the Do-
natists. but
not in all ca-
ses. And Saint Augustine apprehending the strength
of this place, denies that by the authoritie of it,
the Donatists can justifie their Selfe-homicide when
they list to dye, but yet in these cases which are
exempt from his rules, this place may encou-
rage a man not to neglect the honour of God,
onely upon this reason, that no body else will
take his life. Sect. VII. 1. Of the place
1. Iohn 3. 16.And therefore the holy ghost proceeds more
directly in the first Epistle of Saint Iohn, and
shews us a necessary duty, [Because he laid downe his
—————————————————————— Part. 3. Dist. 4. Sect. 8. 193
his life for us, therefore we ought to lay downe our lives
for our brethren.] All these places work us to a
true understanding of charity, and to a contempt
of this life, in respect of it. 2. All these
places direct
us to do it, as
Christ did it,
unconstraind. And as these informe us how ready we must
be, So all those places which direct us by the ex-
ample of Christ, to doe it as he did, shew, that in
cases when our lives must be given, we neede
not ever attend extrinsique force of others, but
as he did in perfect charity, so we in such de-
grees of it, as this life, and our nature are ca-
pable of, must dy by our owne will, rather then
his glory be neglected, whensoever, a Phil. 1. 20. (a) as Paul
saith, Christ may be magnified in our bodies,
or the spirituall good of such another as wee
are bound to advance, doth importune it. Sect. VIII. 1. Of the place
Phil 1. 23. To which readines of dying for his bretheren,
Saint Paul had so accustomed himself, and made
it his nature, that but for his generall resolution
of doing that ever which should promove their
happines, he could scarce have obtain'd of himself
2 Of S. Pauls
gradations
to this wish;
and his corre-
cting of it. leave to live. For, at first he says, he knew not
which to wish, life or, death; (and therefore gene-
rally without some circumstance incline or avert
us, they are equall to our nature.) Then after
much perplexity, he was resolved, and desired
to be loose, and to be with Christ; (therefore a
holy man may wish it.) But yet he corrected Bb that
—————————————————————— Part. 3. Dist. 4. Sect. 9, & 10. 192194
that againe, because saith he, [To abide in the
flesh, is more needfull for you.] And therefore
charity must be the rule of our wishes, and
actions in this point. Sect. IX. 1 Of the place
Gal. 4. 15. There is another place to the Galatians, which
though it reach not to death, yet it proves that
holy men may be ready to expresse their loves
to another, by violence to themselves. For he
2. This was
more then vi-
tam profundere
by Calvin. saith, [If it had bene possible, you would have plucked
out your own eies, and given me:]. And Calvin
saith, [this was more then vitam profundere.]
And this readines Saint Paul reprehends not in
them. Sect. X. 1 Of the place
Rom. 9. 3. But of the highest degrees of compassionate
charity for others, is that of the Apostle, in con-
templation of the Jewes dereliction. [I would
wish my selfe to be seperated from Christ, for my bre-
thren.] The bitternesse of which Anathema, himself
teaches us to understand, when in (a) a 1 Cor. 16.
22. another
place, he wishes the same, [To those which love
2. That this
Anathema was
damnation. not Jesus Christ.] And this fearefull wish which
charitie excused in him, was utter damnation,
as all Expositors say. And though I beleeve with Calvine, that at this
—————————————————————— Part. 3. Dist. 4. Sect. 11. 193195
this 3. That he
considered not
his election at
that time.time, in a zealous fury he remembred not
deliberately his own election, and therefore can-
not in that respect, be said to have resisted the
will of God, yet it remaines, as an argument to
us, That Charitie will recompence, and justi-
fie many excesses, which seeme unnaturall, and
irregular, and enormous transportations. Sect. XI. 1 Of the place
Exod. 32. 31.As in this Apostle of the Gentiles, so in the
Law-giver of the Jewes, the like compassion
wrought the like effect; and more. For Moses
rested not in wishing, but face to face argued
2. That this
imprecation
was not only
to be blotted
out of the hi-
story of the
scriptures. with God, [If thou pardon them, thy mercie shall
appeare, but if then will not, I pray thee blot my name
out of the booke which thou hast written.] I know, that many out of a reasonable Colle-
ction, that it became Moses to bee reposed, and
dispassioned, and of ordinare affection in his
3. It was
stranger that
Christ should
admit such a
slip downward
as to wish an
escape from
death, then
that Moses
should have
such an exal-
tation upward
as to save his
nation by pe-
rishing. Yet
both without
inordinatenes. conversation with God, are of opinion, that he
strayed no further in this wish, and imprecati-
on, then to be content that his name should bee
blotted out of the Scriptures, and so to lose the
honour of being known to posterity for a remark-
able instrument of Gods power and mercie. But, since a naturall infirmity could worke so
much upon Christ, in whom there may be sus-
pected no inordinatenesse of affections, as to di-
vert him a little, and make him slip a faint wish
of escaping the Cup; why might not a brave Bb2 and
—————————————————————— Part. 3. Dist. 4. Sect. 11. 194196
and noble zeale, exalt Moses so much, as to de-
sire to restore such a Nation to the love of God,
by his owne destruction. For, as certainely the first of these was with-
out sinne, so the other might be, out of an ha-
bituall assurednesse of his salvation, as (a) Pau-
linus sayes, a Pont. Paul.
ad Amand.
Epist. 2. to Amandus, [Thou maist bee bold
in thy prayers to God for mee, to say, forgive him,
or blot out me, for thou canst not bee blottedout; In-
stum delere non potest Iustitia.] 4. How by
Paulinus a just
man may safe-
ly say to God,
Dele me, And thus retaining
ever in our minds, that our example is Christ,
and that he dyed not constrained, it shall suf-
fice to have learned by these places, that in
Charitie men may dye so, and have done, and
ought to doe. The last thing which remaines
yet, is to consider the Examples reported in
the Scriptures: which cannot possesse us long,
because a few Rules will include many examples;
and those few rules which are applyable to these
Histories, have been often iterated already; and,
for other Rules, which may enlighten and go-
verne us in all occurrences, for many Reasons
I respite to a maturer deliberation and dis-
course. Distinct.
—————————————————————— Part. 3. Dist. 5. Sect. 1. 195197 Distinct. V. Sect. I. ASAs when I entred into the examination of 1. Of exam-
ples in Scri-
ptures.
places of Scriptures, it seemed to me to
have some weight, that in all the Judiciall
and Ceremoniall Law, there was no abomination
of Selfe-homicide. 2. The phrase
of Scriptures,
never imputes
this act to any
as a sin, when
it relates the
history. So doth it, That in relating the Histories of
them who killed themselves, the phrase of Scri-
pture never diminishes them by any aspersion or
or imputation for that fact, if they were other-
wise vertuous, nor aggravates thereby their for-
mer a Schultet.
Medul. patr.
pag. 1. in l. 4.
Irenæi. wickednesse, if they were wicked. For my part, I am content to submit my self
to that Rule, which is delivered from (a) Iraeneus,
[That 3. Irenæus
forbids us to
accuse where
God doth not. those things which the Scripture doth not re-
prehend, but simply lay downe, it becomes not us to
accuse; nor to make our selves more diligent then God;
4. Bezas an-
swer to Ochius
reason, that
some Patri-
archs lived in
polygamy
reacheth not
our case. but if any thing seeme to us irregular, our endea-
vour must be, to serch out the Type, and significati-
on thereof.] Neither shall I, for all this, be in danger of
(b) Bezaes answer to that Argument of Ochius,
b Beza de po-
lyg. fo. 7. That though some of the Patriarches lived un-
reprehended in Polygamie, it concluded nothing,
because (saith Beza) The silence of Scripture in Bb3 (c) Jacobs
—————————————————————— Part. 3. Dist. 5. Sect. 2. 196198
(c) Jacobs Incest, and in c Gen. 29. (d) Lots, and in (e) Da-
vids d Gen. 19. unjust judgement; For Siba doth not deli-
ver e 2 Sam. 9. 2.them from guiltinesse and transgression
therein. 5 For it is not
evident, that
this is sinne, by
any other
place of the
Law; which
was in all his
cases. And here
many exam-
ples concurre. For our case differs from all others, both be-
cause this act is not from any place of the Law
evicted to be sinne. And because here is a con-
currence of Examples, of this fact without any
reprehension: So that that answere is so farre
short from reaching us, that it reached not home
to that argument of Ochius against which it was
opposed. And if in debating these Examples, it
be found, that some very reverend Authors,
have concluded impenitence, and consequently
utter desertion on Gods part, and so eternall pe-
rishing; the circumstances as they appeared to
him then, may have made his judgement just:
but for any other thereupon to apply that case
to others, will not be safe. For (f) [Though a
Iudge may f Acacius de
privileg. l. 1. c. 3 in causa versanti interpret the Law, that
Interpretation makes not Law.] Sect. II. 1 Of Acts
which were
not fully selfe-
murders, but
approaches. As therfore in the former Distinctions wee
spoke of some approaches to the act of self-
killing, so will wee in this pause a very little
upon two such steps. (a) The first shalbe of
a 1 Reg. 20. 35 the prophet in the book of Kings, [who bad a
stranger strike him, and because he would not, pro-
nounc'd a heavy judgement upon him, which was pre-
sently
—————————————————————— Part. 3. Dist. 5. Sect. 3. 197199 sently excecuted. And then he importuned another to
doe it, who did it throughly, for he wounded him with
the stroake.] 2 Of the Pro-
phet who pu-
nished him
who would
not strike him. This was, to common understand-
ing an unnaturall thing, that so holy a man
should make such meanes to have his body vi-
olated, and so it seems the first apprehended it,
however it pleased God to enlighten the second.
This I produce not as though the prophet in-
clind to it of his owne disposition, for it is ex-
pressely in the text, that God commanded him
to doe it. 3 That when
God invites
men to such
violence, hee
sayes so plain-
ly. And there-
fore such par-
ticular invita-
tions may not
be presumed,
where they are
not expressed. But because this is the only place in all the
scriptures, where those which offer, or desirous-
ly admit violence to their owne bodies, are
said to have done it, by the expresse motion of
God, I collect from it, that it is not without
some boldness, if others affirme without authori-
ty of the text, that the death of Samson and others,
had the same foundation, when it appeares by
this, that God when he would have it under-
stood so, is pleased to deliver it plainly and ex-
pressely. Sect. III. 1 Of Ionas. The next before we come to those who en-
tirely killed themselves, is Ionas, who by often
wishing his own death, and moving the marriners
to cast him out into the sea, made many steps to-
wards the very act. I know that it is everie
where said, that those words, (a) a 1. 12. [Take mee, and
—————————————————————— Part. 3. Dist. 5. Sect. 3. 198200
and cast me into the Sea,] proceeded from a pro-
phetique spirit; And (b) b Proem. in
Com. in Iona. St. Hierome saith [that
in this prophetique spirit, he foresaw that the Nini-
vites would repent, and so his preaching would be
discredited.] But if this be so, must he not also in
the same Prophetique Spirit see, that their repen-
tance must be occasioned by his going thither
and preaching there? And if this perswading
to his destruction, being now innocent in their
Vers. 14. understanding; for they prayed, [Lay not inno-
cent bloud upon us.] were from Divine moti-
on, shall wee dare to impute also to like moti-
ons and spirit, his angry importuning of death?
43. [Take I beseech thee, my life from me, for it is better
for me, to dye then to live.] And after he wished
9. from his heart to dye, and said, [I doe well to be
angry unto the death.] c Lyra prolog.
in Iona. (c) St. Hierome calles him Sanctum Ionam; and
when Lyra observes that he had not done so, to
2 Why Saint
Hier. calls on-
ly Ionas, of all
the Prophets,
Holy. any of the other Prophets, he concludes, that this
testimony needed most in Ionas, who by his ma-
ny reluctations against Gods will, might else fall
into some suspition of eternall perishing. Which
since we must be far from fearing in so eminent
and exemplary a type of Christ, and yet have no
ground to admit any such particular impulsion
of Gods Spirit, as Hierome and Lyra pronounce
him holy, for all these reluctations; so may
we esteeme him advised, and ordinate, and re-
ctified, for all these approches, which in wishing
and consenting he made to his owne death. SECT.
—————————————————————— Part. 3. Dist. 5. Sect. 4. 199201 Sect. IV. 1. Of Samson
Iudg. 16. Of those which in the Scriptures are regi-
stred to have killed themselves, Samson is the
first. A man so exemplar, that not onely the
times before him had him in Prophecy, (a) a Pererius in
Gen. 49. 16. (for
of him it is said,) [Dan shall judge his people,]
and the times after him more consummately in
Christ, of whom he was a Figure, but even in his
own time, other nations may seeme to have had
some Type, or Copy of him, in Hercules. 2 The church
celebrates him
as a Martyr. His fact of selfe-killing is celebrated by the
Church to everlasting memory, as the act of a
Martyr; and as very many others in their Ho-
milies and expositions. So that renowned (b) b. Paul. Sever.
Epist. 4. Paulinus sayes, [God
send me the death of Sampson, and Sampsons
blindnesse, that I may live to God, and looke to3 Paulinus wi-
shes such a
death.
God.] And this generall applause and concurrence
4 They which
deny that he
meant to kill
himselfe, are
cofuted by the
text. in the praise of the fact, hath made many think,
or at least write, that he purposed not to kill him-
selfe: being loath either to depart from their
opinion who extoll him, or to admit any thing
c Fran. de
Vict. in relect.
de Hom. Greg.
Valent. tom. 3.
disp. 5. q. 8. p.
2. which may countenance that manner of dying.
Of which perswasion (c) two very learned
men labour to seeme to be. But, besides that such an exposing of him-
selfe to unevitable danger, is the same fault as Cc Selfe
—————————————————————— Part. 3. Dist. 5. Sect. 4. 200202
Selfe-homicide, when there is any fault in it, the
very Text is against them; for Samson dyed
with these words in his mouth, (d) [Let mee
lose my life with the philistims.] d Jud. 16. 30. 5. They which
say he did not
intend his own
death princi-
pally say the
same as we.
Supra. And though sometimes these Authors adde,
That hee intended not his owne death princi-
pally, but accidentally (as Calvine also sayes,
that Saint Paul did not desire death for deaths
sake, but to be with Christ,) this can remove
no man from our side, for wee say the same,
that this may be done onely, when the honour
of God may bee promoved by that way, and
no other. 6 That Saint
Aug. his an-
swer to this
fact, that it
was by speciall
instinct, hath
no ground in
the history. Therefore to justifie this fact in Samson,
(e) Saint Augustine equally zealous of Samsons
honour, and his own conscience, builds still up-
on his old foundation, [That this was by the spe-
ciall inspiration from God.] Which, because it ap-
peares not in the History, nor lyes in proofe,
e Aug. de civit.
Dei cap. 12. may with the same easinesse be refused, as it is
presented. To give strength to this opinion of Augustine,
(f) f Sayr Thesau.
Cas. Consc. l. 7.
cap. 9. Nu. 9. our Countreyman Sayr presents one reason
preceding the fact, and (g) Pedraca the Spaniard,
g Pedr. pr. 5.
Hisp. another subsequent. The first is that hee prepared himselfe to it
7 Of Says rea-
sons in con-
firmation of
August. that
Samson pray'd. by Prayer. But in this prayer, you may ob-
serve much humanity, and weakenesse and selfe-
respect. [O Lord, saith he, I beseech thee, Strengh-
then me at this time onely, that I may be avenged of
the Philistims for my two eyes.] The
—————————————————————— Part. 3. Dist. 5. Sect. 4. 201203
8. Of Pedr.
his reason,
that it was a-
gainst the
work of God,
because it was
done as it was
desired. The second reason is, that because hee effe-
cted that which he desired, it is to be presumed,
that God restored him his strength to that end,
which he asked it. But, besides that in the text
it appeares, that (h) his haire before that time,
was begunne to be growne out againe, and so
h v. 22. his strength somewhat renewed; doth this
prove any impulsion, and incitement, and pre-
vention of the holy Ghost, to that particular
act, or rather only an habituall accompanying
and awaking him, to such actions by which God
might be honoured and glorified, whensoever
any occasion should be presented? 9 That he had
as much rea-
son, and
authority to
kill himselfe
as to kill the
Philistims, and
that it was on-
ly the glory of
God. When therefore he felt his strength in part
refreshed, and had by Prayer intreated the per-
fecting thereof, seeing they tooke continuall oc-
casion from his dejection to scorne and reproach
his God, burning with an equall fervour to re-
venge their double fault, and to remove the
wretched occasion thereof, he had (i) as a ve-
ry i Fra. Georg.
probl. 438. subtile Author sayes, the same reason to kill
himselfe, which hee had to kill them, and the
same authoritie, and the same priviledge, and
safeguard from sinne. 10. Samson in
this manner of
dying was a
type of Christ. And he dyed, as the same man sayes, with
the same zeale as Christ, unconstrained; for
(k) In this manner of dying, as much as in any
k Perer. in
Gen. 49. 16. thing els, he was a Type of Christ. Cc2 SECT.
—————————————————————— Part. 3. Dist. 5. Sect. 5. 202204 Sect. V. 1 Of Saul
1 Sam. ult. The next example is Saul. And whether he did
perfect and consummat the act of killing himself,
2. Whether
the Amalekite
did help to kill
Saul. or the Amalekite contribute his help, it makes no
difference to our purpose; But that the latter was
true, may wel enough consist with the relation of
the history in the (a) a 1. Sam. ult. first place, and it appeares
b 2. Sam. 1. to be the more likely and probable out of the
(b) second: And by (c) c Antiq. l. 7.
cap. 15 Iosephus it is absolutely
so delivered; And the (d) scholastique history
d Hist. Schol. saith also, that Saul was too weake to force
the sword through his body. 3. Whether
Saul be saved
or no. Two things use to be disputed of Saul. Whe-
ther hee were saved or no; And whether
if hee perished, it was for impenitence testi-
fied or presumed by this act of his. The Iewes
are generally indulgent to him: And the Chri-
stians generally severe upon this reason, that it
is said of him, (e) e 1 Cro. 10.
13. [Saul dyed for his transgressi-
ons against the Lord, and his word, and asking coun-
saile of a witch.] But this doth not necessarily
conclude an impenitence, or a second death.
For the Iews say, That beleeving the sentence
of Samuel in the apparitions, and accepting that
decree as from God, he repented his formet life,
and then presented and delivered up himselfe
and his sonnes, conformably to the revea-
led will of God, there in the field to be sacri-
ficed
—————————————————————— Part. 3. Dist. 5. Sect. 5. 203205 ficed to him: understanding Samuells words you
shall be with me, to be spoken, not generally of
the state of the dead, but of the state of the just,
because both Samuel himself was so, and so was
Jonathan, whose condition in this promise of
being with Samuel, was the same as his Fathers.
And therefore saith Lyra, [all Iews and some Chri-
stians agree, that least by his reproach dishonour might
redound upon God, a good and Zealous man may kill
himself, as Samson did, and the Virgins.] And he
Lyra. addeth, [If other reasons were not sufficient to ex-
cuse Saul, this also might justly be applied to him,
that he did it by divine instinct.] 4. In what
cases the Iews.
and Lyra con-
fess that a man
may kill him-
selfe. Out of which I observe these two things,
that he presumes there are other reasons suffi-
cient in some cases, whether they were in Sauls
case or no. And then the reason upon which
5. Lyra's rea-
sons why Saul
is to be presu-
med to have
dyed well. Lyra presumes he dyed well, [because the con-
trary is not declared in Scriptures, nor determined by
the Church.] And Saul hath a good testimony
of sanctity in this act, from (f) Mallonius,
f Notæ in
Sindon. c. 21.
Nu. 6.[That as Christ died when he would, so did Saul,
thinking it dishonourable to dye by the hand of his,
and Gods enemies.] That argument which Bur-
gensis 6. Burgensis
reason to the
contrary, that
if Saul were
excusable, the
Amalekite was
so to. bringeth to the contrary, suffereth more
force and violence in being brought in, then it
giveth strength to his opinion. It is, [That if
the fact were justifiable in Saul, it had beene so too
in the Amalekite, if his profession to David were
true, That he had killed Saul, and consequently Da-
vid unjust in that execution.] But, besides that, that Cc3 Amale-
—————————————————————— Part. 3. Dist. 5. Sect. 6. 204206 Amalekite had no conscience, nor inward know-
ledge of Sauls just reasons, nor other warrant but
his commandement, which might, and was to him
likely to proceed from Sauls infirmities, it might
well appeare to David, by his comming to tell
him the newes, that he had humane respects in
doing it, and a purpose onely to deserve well of
David. And when both Judge and prisoner are
innocent, oft times the Executioner may be a
Murtherer. 7. Of Sauls
Armor-bearer And such humane respects of wearinesse and
despaire, and shame, and feare, and fidelity to
his Master, and amazement, and such, stand in
the way betweene Sauls Armour-bearer and all
excuses, to our understandings. For though the
phrase of Scripture impute nothing to him for
that fact of killing himselfe, yet I have found
none that offer any particular excuse in his de-
fence. Sect. VI. 1. Of Achi-
tophel. 2 Sam.
15. Neither doe I finde any thing to excuse Achi-
tophels death; though (as I said of the other)
the History doe not accuse that particular fact.
vers. 14. The Text calles his counsaile good, and it seems
2 He set his
house in order,
And he was
buried. he was not transported with passion, because he
set his house in order; And he was buried in his
Fathers grave, when Absalou slaine by anothers
hand was cast into a pit. But if it were upon a meere dispute of his owne
—————————————————————— Part. 3. Dist. 5. Sect. 7. 205207
owne disgrace, or feare of ill successe, or upon
any selfe respect, without proposing Gods glo-
rie, and he repented not, he perished. Sect. VII. 1 Of Judas.
Mat. 27. 5.
Act. 1. 18.Of Judas, the most sinnefull instrument of the
most mercifull Worke, the common, (though
not generall) opinion is, that he killed himselfe;
but whether by hanging, or no, is more contro-
verted. For from the words in the (a) a Act. 1. 18. Acts, [That
he threw himselfe downe headlong, and burst asun-
der, and his bowels gushed out.] (b) Euthymius thinks,
qb Euthym. in
Com. in Matt.That he was rescued whilst he hanged, and car-
ryed away, and that after that hee killed him-
selfe by throwing himselfe headlong. And (c) Brentius leaves that indifferent to
c Brent. in
Act. 1. 18. us, to thinke what we will thereof. But it seemes
by (d) Oecumenius, that he did not only overlive
d Oecum. in
Collect. Act.
Apost. this hanging, but that he grew to so enormous
a bignesse, and burden to himselfe, that he was
not able to withdraw himselfe out of a Coa-
ches 2. He dyed
not by hang-
ing himself, in
the opinion of
Euthymius,
Oecum. Papias
S. Iohns di-
sciple. and
Theoph. way, but had his guts crushed out so;
which he receives from Papias the Disciple to
Saint Iohn, whose times cannot be thought ig-
norant, or incurious of Iudas History. And it is there said further, that by others it
was said, that being swolne to that vastnesse,
and corrupted with vermine, hee laid himselfe down
—————————————————————— Part. 3. Dist. 5. Sect. 5. 206208
down upon his field, and there his guts broke
out. And this (e) e Theophilact
in Mat. 7. Theophilact followes. 3. By what
meanes many
places of scri-
ptures have
beene other-
wise accepted,
then they in-
tend. And it falls out very often, that some one
Father, of strong reputation and authority in
his time, doth snatch and swallow some pro-
bable interpretation of Scripture: and then di-
gesting it into his Homilies, and applying it in
dehortations, and encouragements, as the occa-
sions and diseases of his Auditory, or his age
require, and imagining thereupon delightfull
and figurative insinuations, and setting it to the
Musique of his stile, (as every man which is
accustomed to these Meditations, shall often
finde in himselfe such a spirituall wantonnesse,
and devout straying into such delicacies,) that
sense which was but probable, growes neces-
sary, and those who succeed, had rather enjoy
his wit, then vexe their owne; as often times
we are loath to change or leave off a counter-
feit stone, by reason of the well setting there-
of. By this meanes, I thinke, it became so gene-
rally to be beleeved, that the fruit which Eve
eat, was an Apple; And that Lots wife was tur-
ned to a pillar of Salt; And that Absalon was
hanged by the haire of the head; And that
Iephthe killed his Daughter; And many other
such, which grew currant, not from an evi-
dence in the Text, but because such an accep-
tation, was most usefull, and applyable. Of this
number, Iudas case might be. But
—————————————————————— Part. 3. Dist. 5. Sect. 7. 207209
But if it were not, that act of 4 Iudas not
accused of this
in the story,
nor in the two
propheticall
Psalms of him. killing him-
selfe, is not added to his faults in any place of
Scriptures; no not in those (f) two Psalmes
of particular accusations, and bitter imprecati-
ons f Psal. 69. et
109. against him, as they are ordinarily taken
to be Prophetically purposed and directed. 5. Origens opi-
nion of his re-
pentance.And even of this man, whose sinne, if any
can exceed mercy, was such, Origen durst hope,
not out of his erronious compassion, and sinne-
full charity, by which he thinks that even the
Devill shall be saved, but out of Iudas repen-
tance. He sayes, (g) g Ex not. Em.
Sâ in Mat. 27. [The Devill led him to the
sinne, and then induced him to that sorrowfulnesse
which swallowed him.] But speaking of his re-
pentance, he sayes, [(h) h Aquin. cate-
na aurea. Those words, when Iu-
das saw that he was condemned, belong to Judas
himselfe, for Christ was not then condemned.] And
upon this conscience and consideration, began
his repentance. [For, it may be, saith Origen,
that Satan which had entred into him, staid with him
till Christ was betray'd, and then left him, and there-
upon repentance followed.] [And perchance, sayes
he, he went to prevent, and goe before his Ma-
ster, i In Mat. 27.
4. who was to dye, and so to meet him with
his naked soule, that he might gaine Mercy by
6. Calvin ac-
knowledges all
degrees of re-
pentance
which the Ro.
mane Church
requireth,
to salvation, to
have beene in
Iudas.his confession and prayers.] And (i) Calvine, (though his purpose be, to
enervate and maime, (or at least, declare it to
be so defective,) that repentance which is ad-
mitted for sufficient in the Romane Church,) sayes
that [In Iudas there was perfect contrition of heart, Dd Con-
—————————————————————— Part. 3. Dist. 5. Sect. 7. 208210 Confession of the mouth, and satisfaction for the mo-
ney.] But (k) k 23. q. 5.
Tu dixisti. glos. Petilian, against whom Saint Augu-
stine writes, proceeded further in justification of
Iudas last act, then any. For hee said, [That in
7 Petilianus
his opinion of
his Martyr-
dome. suffering death when hee repented, and so was a Con-
fessor, hee became a Martyr.] Which opinion be-
ing pronounced singularly and undefensibly;
l Ibid. Si non
licet. (l) Saint Augustine answers as choleriquely,
[Laqueum talibus reliquit.] Yet Saint Augu-
stine himselfe confesseth, that an innocent man,
should more have sinned in such an act, then
Iudas did, because in his execution there were
some degrees of justice. 8. Iudas act
had some de-
grees of justice
by S. Aug. But of his actuall impenitence I purposed
not to speake, nor of his repentance, but onely
to observe to you, that this last fact is not im-
puted to him, nor repentance said to be preclu-
ded thereby. SECT.
—————————————————————— Part. 3. Dist. 5. Sect. 8. 200211 Sect. VIII. 1. Of Eleazar
Macab. 1. 6.
46. Jos. Ant.
12. 15. For the Passive action of Eleazar, none de-
nies, but that that endangering of himselfe,
was an act of Vertue: yet it was a forsa-
king and exposing himselfe to certaine De-
struction. For every Elephant had thirty two men up-
on him: 2. All confess
that an act of
vertue. and was guarded with one thou-
sand Foot, and five hundred Horse: And this
3. The de-
struction was
certaine. which he slew, was in his opinion, the Kings
Elephant, and therefore the better provi-
ded. Howsoever hee might hope to escape be-
fore 4. He did as
much to his
owne death as
Samson. the very act of killing the Elephant, by
creeping under it, was a direct killing of
himselfe, as expressely as Samson pulling down
the house. And the reasons of this action, are rendered
5. The reasons
of his act in
the text, in the Text to have been, To deliver his people,
and to get a perpetuall name. 6. S. Ambrose
his extolling
thereof.And this fact doth Saint Ambrose extoll by
many glorious circumstances; As [That hee
flung away his Target, which might have sheltred
him, That despising death, he forced into the midst
of the Army, and Inclusus ruina, magis quam
oppressus, suo est sepultus Triumpho; And
that by death he begot peace, as the heire of his valour.] Dd2 And
—————————————————————— Part. 3. Dist. 5. Sect. 9. 210212
And as very many Schoolemen have inten-
ded and exercised their wits in the praise of
this action, So (a) a Cajet. in 16.
Iud. Cajetan gives such a reason there-
of, as is applyable to very many Selfe-homi-
cides. 7. Cajetanus
his reason for
Eleazers justi-
fication, ap-
pliable to very
many other
cases of Self-
homicide. [That to expose our selves to certaine
death, if our first end be not our owne death,
but common good, it is lawfull. For, saith
hee, Our actions which bee Morally good
or bad, must bee judged to bee such, by the
first reason which moves them; not by any
accident, or concomitance, accompanying, or
succeding them, though necessarily.] And this
resolution of Cajetan, will include many Cases,
and instances, which are headlongly by intem-
perate censures condemned. Sect. IX. 1. Rasis Mac.
2. 14. The fall of Rasis, which is the last Exam-
ple, is thus reported. [Hee was besieged and
fired; willing to dye manfully, and escape reproach, 2. His reasons
in the text.
unworthy of his House, hee fell upon his Sword;
for haste, hee mist his stroke, and threw himselfe
from the Castle wall; yet rose up againe, and ranne
to a high Rocke, tooke out his owne bowells, and threw
them among the people, calling upon the Lord of life and
spirit, and so died.] a Aquin. 22.
q. 64. ar. 5. Which Act the Text accuseth not; nor doth
St. (a) Thomas accuse it of any thing else, but that it
—————————————————————— Part. 3. Dist. 5. Sect. 9. 211213
it was Cowardlinesse. Which also (b) b Aristotelis
Ethic. l. 3. c. 7. Aristotle
imputes to this manner of dying, as wee said
c Supra fo. 130 (c) before.
3. Whether it
be pusillani-
mity, as Aqui.
August. and
Aristot. says. But either he spoke at that time, serviceably
and advantagiously to the point which hee had
then in hand; or else hee spoke, ut plurimum,
because for the most part infirmities provoke
men to this act. For (d) d August. de
civit. Dei l. 1.
c. 22. S. Augustine who argues as earnestly
as Aristotle, that this is not greatnesse of minde,
confesseth yet, that in Cleombrotus it was: who
onely upon reading Plato his Phoedo, killed him-
selfe; for, saith Augustine: [When no calamitie
urged him, no crime, either true or imputed, nothing4. S. Aug.
confesses that
to have beene
greatnes of
mind, in Cle-
ombrotus.
but greatnesse of minde moved him, to apprehend
death, and to breake the sweet bands of this life.]
And though he adde, [That it was done rather
Magnè then Benè;] yet by this, that which
wee seeke now is in Confession, that sometimes
there is in this act, Greatnesse and Courage.
Which upon the same reason which moved A-
ristotle, and all the rest, which is, to quench
in men their naturall love to it, he is loth to af-
foord in too many cases. For hee (e) e c. 23. sayes [That, except Lucrece, it is
5. How much
great exam-
ples governe. not easie to finde any example worth the prescribing,
or imitating, but Cato: Not because hee onely did
it, but because being reputed learned and honest, men
might justly thinke, that that was well done, and might
well bee done againe, which hee did.] Yet for all
this, hee is loth to ler Catoes act passe with so Dd3 much
—————————————————————— Part. 3. Dist. 5. Sect. 9. 212214
much approbation, For hee addes, [That yet
many of his learned friends thought it a weak-
nesse to let him dye so.] And this hee doth
because when men have before them the prece-
dent of a brave example, they contend no fur-
ther, then what he did, not why. For it is truely said, f Vell. Paterc.
de morte Grac. (f) [Examples doe not
stoppe, nor consist in the Degree where they
begunne, but grow, and no man thinkes that
unworthy for him, which profiteth another.]
Yet, Saint Augustine though upon this reason
g Supra loth to give glory to many examples, allows
all greatnesse and praise to Regulus, (g) of whom
we spoke before: though, to my understan-
ding there are in it many impressions of false-
hood, and of ostentation, from all which Catoes
history is delivered. h. Diog. Laer.
l. 6. And, to end this point, whether it be alwais
pusillanimity, Laertius says (h) [That in An-
tisthenes 6. That it was
reputed co-
wardlines in
Antisthenes
extreamly sick
not to kill
himself. the philosopher, videbatur firme mol-
lius, that lying extreame sick, and Diogenes ask-
ing him, if he lacked a freind, (meaning to kill
him,) and offering him also his dagger, to doe
it himselfe, the Philosopher said he desired an end
of paine, but not of life.] 7. Vpon what
reasons Lyra
excuseth this
and like acti-
ons.As therefore this fact of Rasis, may have pro-
ceeded from greatnesse, So is it by Lyra excu-
sed from all sin, by reasons applyable to many
other. For he sayes, [Either to escape torment,
by which probably a man might be seduced to
Idolatry, or take away occasion of making them
—————————————————————— Conclusion. 213215
them reproach God in him, a man may kill him-
selfe; For, saith hee, Both these cases, Ordinan-
tur in Deum.] And this (i) i Relect. de
homicid. resp.
ad ult. argum. [Francis a Victoria allowes as
the more probable opinion.] And (k) Sotus,
k Sotus l. 2. de
just. q. 3. ar. 8. and (l) Valentia, follow Thomas his opi-
nion herein; And Burgensis condemnes it up-
on l Valen. to. 3.
disp. 5. q. 8. this presumption, That hee could not doe
this for love of the common good, because
8 Burgensis
reasons con-
fesses he might
have had just
causes. this could not redeeme his people, being alrea-
dy captive. So that his accusing him helpes us
thus much, that if by his death hee could have
redeemed them, hee might lawfully have done
it. Conclusion. ANdAnd this is as farre as I allowed 1. Why I re-
fraind discours
of destinie
herein. my dis-
course to progesse in this way: forbidding
it earnestly all darke and dangerous Se-
cessions and divertings into points of our Free-
will, and of Gods Destiny: though allowing
many ordinary contingencies, to be under our
Election, it may yet seem reasonable, that our
maine periods, of Birth, of Death, and of chief alterati-
—————————————————————— Conclusion. 214216
alterations in this life be more immediately
wrought upon by Gods determination. It is
usefully said, and appliable to good purpose
(though (a) a Alcor. Azo.
65. by a wicked man, and with inten-
tion to crosse Moses,) [That man was made of shad-
dow, and the Devil of fire.] For as shaddow is
not darknes, but grosser light, so is mans under-
standing in those mysteries, not blind but
2. Man made
of shadow and
the devill of
fire by the Al-
coran. clouded. And as fire doth not always give light
(for that is accidentall, and it must have aire to
work upon,) but it burneth naturally, so that
desire of knowledge which the Devill kindles
in us, (as he doth as willingly bring bellows
to inflame a heart curious of knowledge, as he
doth more ashes to stupifie and bury deeper, a
3. Our adver-
saries reasons
contradict one
another. slumbering understanding) doth not alwaies give
us light, but it always burnes us, and imprints
upon our judgment stigmaticall marks, and at
last seares up our conscience. If then reasons which differ from me, and
my reasons be otherwise equall, yet theirs have
this disadvantage, that they fight with them-
selves and suffer a Civill Warre of contradicti-
on. For many of their reasons incline us to a
love of this life, and a horror of death, and yet
b Alcuin. Ep.
23.they say often, that wee are too much addicted
to that naturally. But it is well noted by (b) Al-
cuinus, 4 No præcept
given to love
our selves. (and I thinke from Saint Augustine) [That
though there bee foure things which wee must love,
yet there is no precept given upon any more then two,
God and our neighbour.] So that the other which concernesconcerne
—————————————————————— Conclusion. 215217
concerne our selves, may be pretermitted in
some occasions. 5 Encourage-
ments to con-
tempt of death But because of the benefits of death, enough
hath beene occasionally intersertted before, ha-
ving c Cypr. Serm.
de mortalitate. presented (c) Cyprians encouragement to it,
who out of a contemplation that the whole
frame of the world decayed and languished, cries
to us, [Nutant parietes, The walls and the roofe
shake, and would'st not thou goe out? Thou art tyred in
a pilgrimage, and wouldst thou not goe home?] I will
end with applying (d) d Gratiar. act.
de cons. Ausonius thanks to the
Emperour, to death, which deserveth it better,
[Thou providest that thy benefits, and the good which
thou bringest shall not be transitory; and that the ills
from which thou deliverest us, shall never returne.]
Since therefore because death hath a little bitter-
nes, but medicinall, and a little allay, but to make
it of more use, they would utterly recline & avert
our nature from it, (as (e) e Chyrurgia
mag. de ulcer. Paracelsus says, of that
foule contagious disease which then had inva-
ded mankind in a few places, and since overflown
in all,) that for punishment of generall licenti-
ousnes, God first inflicted that disease, and when
the disease would not reduce us, he sent a second
worse affliction, which was ignorant, and tor-
turing Physitians. So I may say of this case, that in punishment
of Adams sinne, God cast upon us an infectious
death, and since hath sent us a worse plague of
men, which accompanie it with so much hor-
rour and affrightment, that it can scarce be made Ee whol-
—————————————————————— Conclusion. 216218
wholsome and agreeable to us. That which (f) f Aphor. l. 2.
38.
Hippocrates admitted in cases of much profit, and
small danger, they teach with too much liber-
ty, [That worse meat may be given to a patient,
so it be pleasanter, and worse drink, so it be more ac-
ceptable.] 6. Why I ab-
staine from
particular di-
rections. But though I thought it therefore need-
full, to oppose this defensative, as well to re-
encourage men to a just contempt of this life,
and to restore them to their nature, which is a
desire of supreame happines in the next life by the
losse of this, as also to rectify, and wash again their
fame, who religiously assuring themselves that
in some cases, when wee were destitute of other
meanes, we might be to our selves the stewards
of Gods benefits, and the Ministers of his mer-
cifull Iustice, had yet, being, ((g) as Ennodius says)
g Ennodius ad
Celul. Innocent within themselves, incurred damnum o-
pinionis, yet (as I said before) I abstained pur-
posely 7. Laws for-
bid ordinarie
men to cure
by extraordi-
ry meanes,
yet the Kings
of England,
and France, &
Spaine cure so. from extending this discourse to particular
rules, or instances, both because I dare not pro-
fesse my self a Maister in so curious a science,
and because the limits are obscure, and steepy,
and slippery, and narrow, and every errour dead-
ly, except where a competent dilligence being
fore-used, a mistaking in our conscience may
provide an excuse. h Paracelsus
Chyrurg. Mag.
tract. 2. cap. 8.
et de trans. cap.
10. As to cure diseases by touch, or by charme,
(both which one (h) excellent Chirurgian, and
one (i) excellent philosopher, are of opinion may
be done, because what vertue soever the heavens
i Pet. Pomp.
de incant. c. 4. infuse into anycreature, man, who is Al, is capable of,
—————————————————————— Conclusion. 217219
of, and being borne when that vertue is exacted,
may receive a like impression, or may give it
to a word, or character made at that instant, if
he can understand the time) though these, I say be
forbidden by divers Lawes, out of a Just preju-
dice that vulgar owners of such a vertue, would
mis-imploy, it, yet none mislikes that the Kings
of England & France, should cure one sicknesse by
such meanes, nor (k) k Cassanæus
catal. glo. mun.
par. 5. consider.
1. that the Kings of Spaine,
should dispossess Daemoniaque persons so, be-
cause Kings are justly presumed to use all their
power to the glory, of God; So is it fit, that
this priviledge of which we speak should be con-
tracted and restrained. l Cassian. l. 17
cap. 17. ad 25.
As Hier. Orig.
Chrysost. and
Cassianus are
excusd for fol-
lowing Plato
in the tolerati-
on of a ly, be-
cause the
church had
not then pro-
nounced, so
may it be in
this. For, that is certainly true of this, which (l)
Cassianus saith of a ly, [That it hath the nature
of Ellebore, wholsome in desperate diseases, but o-
therwise poyson.] though I dare not averre with
him, [That we are in desperate diseases, whensoever
we are in ingenti lucro, aut damno, et in humili-
tate, ad evitandam gloriam.] Howsoever if Cassi-
anus mistake that, and we this, yet (m) as he, and
Origen, and Chrysostome, and Hierome, are excused
for following Platoes opinion, that a ly might
have the nature of medicine, and be admitted
m Observat.
in Cassian. in
fine l. fo. 740. in many cases, because in their time the church
had not declared herself in that point, nor pro-
nounced that a ly was naturally ill, by the same
reason am I excusable in this Paradox. Against
the reasons whereof, and against charity, if pre-
judice, or contempt of my weaknes, or mis-devo-
Ee2 tion
—————————————————————— Conclusion. 218220
tion have so precluded any, that they have not
beene pleased to tast and digest them, I must
leave them to their drowsines still, and bid them
Cornelius Cel-
sus sent. 15. injoy the favour of that indulgent Physitian,
Qui non concoxit, dormiat. FINIS.
20. Sept.
1644.
Imprimatur
Io: Rushworth.