Lifes Preservative Against Self-Killing, Tract · Chapter 2 · Section 17 – Section 23
§. 17. The ſecond exempt caſe about venturing of life, which is upon urgent neceſsity.
The ſecond Caſe, Neceſſity: in three points.1. Vncertaine death, for certaine good.The ſecond Caſe wherein we may wittingly and willingly, without danger of ſelf-murder, adventure the loſſe of our lives, is a preſent, urgent, and unavoidable neceſſity, for a certaine greater more eligible good: which falls out in three points. Firſt, not only when with an uncertaine danger of our owne lives, wee ſeeke to redeeme the certaine deſtruction of our neighbours; as to caſt our ſelves into the water, being skilfull to ſwimme, to ſave him from aſſured drowning, who hath no other meanes of ſafety: or, to caſt our ſelves into deſperate dangers for reſcue of our wives, children, or friends, from out of the fire; or out of the hands of our enemies; as did Abraham for Lot aGen. 14.14., and David for his wives b1 Sam. 30.; or to miniſter to the neceſſities of our ſick houſhold, that they periſh not in neglect; wee ought to venture our lives with them in their infectious diſeaſes. But further alſo, to ſave another from certainly periſhing, ſometimes men may object themſelves to certaine death;Certaine death for Superiours. as if the perſon be a publicke Magiſtrate, or Prince, or evidently of more uſe and worth in Church or Common-wealth than our ſelves, we may exchange our ſelves to paſſe for him, as the Scripture intimates, with commendation; that peradventure for a good man ſome would even dare to die. Rom. 6.7. and the peoples eſteeme of David was, that he was worth ten thouſand of them; and therefore, would not let him adventure himſelfe; where, if halfe of them ſhould die, the enemies would not care for them. 2 Sam. 18.3. this reſpect and preferment of eminency and vertue is not only from love of themſelves, but alſo from love of that publike body, to which thoſe perſons by their lives may be beneficiall.
For a friend.Alſo, a man may, for preſervation of his deare friend, put himſelfe upon aſſured death; as our Saviour implies, by way of commending the ſame; when he ſayes, Greater love hath no man than this, Ambroſ. lib. 3. officiarum c. 12. de duobus Pythagoraeis. Virgil.—me me adſum qui ſeei, in me converene ſerrwn.that a man lay downe his life for his friends. Therefore, this degree of love hee may have, and was practiſed by divers, as betweene Niſus and Euryalus, Damon and Pythias, Pylades and Oreſtes.
Object.The thing that may ſeeme to withſtand the lawfulneſſe of this practice, is that generall rule of loving our neighbours as our ſelves, and not otherwiſe.Anſw. But this is eaſily anſwered; firſt, by the right underſtanding of the rule; as our ſelves; which notes, not the degree or meaſure of our love;1. It is required that our love be ſincere. for then muſt we love all men alike, if the rule of the meaſure be one: for, quae conveniunt in uno tertio, conveniunt inter ſe: they that agree in any one third thing, doe agree within themſelves: but, that we are to love all men alike, is abſurd, and againſt the practice of our Saviour Chriſt, who loved Iohn above the reſt of the Apoſtles; then [as our ſelves] notes the ſincerity of our love: for as the Apoſtle tells us; No man ever yet hated his owne fleſh, Epheſ. 5.29. So then, here is commanded firſt, that we ſhould love our neighbours; ſecondly, that for the quality of this love, it ſhould be in truth; and as we would that others ſhould love us: which doth not exclude ſuch a ſuperlative degree of love, as may expreſſe it ſelfe by a mans dying for his friend; as if it were an unlawfull exceſſe.
2. To dye for a friend may bee ſelf-love, and lawfull.Secondly, this doubt may be reſolved, by the true interpretation of ſuch a mans act: becauſe, in that degree of love ſo expreſſed for his friend, he loves himſelfe, both by the conſummation and earthly perfection of the vertue of friendſhip in him; which in ſome ſort beatifies the ſubject wherein it is; and alſo thereby he gaines to himſelfe the honour to be counted more worthy of a friend, than a friend was of him:Amicus eſt after ego. & lovers are ſaid to live rather in thoſe that they doe love, than in themſelves; ſo that without ſuch friends their lives would be but a languiſhing dying. With mee in this point, accords Cardinall Folet uponaIdem ibid. Iohn 15.13. and David à Mauden in his tenth diſcourſe upon the ſixt Commandement, is peremptory; and ſayes, that*Id non facit ex amore vitae alterius—ſed ex amore virtutis amicitiae, & ad ahorum exemplum: quod dum ſacit, ſe plus quā amicum diligit. Certum eſt licitum eſſe vitam ſuam certo periculo exponere, pro ſervanda amicivita temporali, ex motivo honeſtatis & amicitiae: quandoquidem honeſtas virtutis majus bonum ſit, quàm vita propria corporalis: It is certaine that it is lawfull for a man to expoſe his life to certaine danger, for to preſerve the temporall life of his friend, upon the motive of honeſty and friendſhip; ſeeing the honeſty of vertue is a greater good, than his owne corporall life.
From hence he ſayes, Licitum eſſe aiunt Doctores amico peſte laboranti inſervire, cum aequi certo per culo mertis, & in communi naufragio takulam ſo…io cedere; unde ſi duo amici ſimul naufragium ſeciſſent, uſ que reſidua eſet tal ula, cu jus ſubſidio alteruter ex illis tantum po Yet ſalvari, poſſet quidem alter eâ non uti, ut ſibi cam amicus aſſumeret, cujus ſaluti conſultum crpit. in kee tamen eventu cavendum eſt, ne quis per poſitivam aliquam actionem directè neci ſuae ecoperetur; hoc enimillici…n eſt. Diſetuſ. 10. in praecept. 6. numer. 3.5. Ema: Sa: in vocabulo vita.that the Doctors affirme that it is lawfull to doe ſervice to a friend that is ſick of the peſtilence, with equally certaine danger of death; and in a common ſhipwrack to yeeld a board to a fellow companion: as if two friends have ſuffered ſhipwrack together, and that there were a board remaining to them; by the help whereof only one of them could be ſaved; the one of them may forbeare to make uſe of the ſame, that his friend, whoſe ſafety he deſires, may take it to himſelfe. Notwithſtanding, in this caſe heed muſt be taken that no man doe directly, by any poſitive action cooperate to his owne death: for, that is unlawfull. Emanuel Sa in his Aphoriſmes affirmes as much.
§. 18. Of the ſecond point, which is concerning certaine death for certaine more publike good.
The ſecond point.The ſecond point concerning preſent urgent neceſſity, wherein a man may adventure the loſſe of his life for a greater good, without any danger of ſelf-murder, is when by the loſſe of one, or of a few lives, many more are preſerved: Certaine death for greater pub. like good.for, bonum commune eſt praeferendum proprio: the publike good is to be preferred before our owne private; which argueth the greater charity for extenſion of it abroad: and as we are not made every one for himſelfe onelyonly; but for the good one of another: So ſhould wee endeavour the ſame by life and death: as the Apoſtle commands that we ſhould not looke every man on his owne things, but every man alſo on the things of others. Phil. 2.4.
In the publike good, the good of every particular is comprehended; and therefore, the members, ſeverally conſidered, are to expoſe themſelves to ſuffer for the good and preſervation of the Whole. Thomas of Aquine ſayes well, that Charitas communia propriis anteponit: aTho: 2.2. quaeſt. 26. arlic. 4. ad 3.Charity preferres the publike before the private: In this alſo David a Mauden is cleare, when he ſayes, in his aforenamed diſcourſe: Laudabiliter facit, qui pro bono publico ſe periculo exponit: Sicut enim in naturalibus pars una corporis, rectè periculo exponitur pro ſervando toto corpore; ita & in politicis, particulare Reipub. membrum pro ſervanda tota Republica: That man doth commendably, that expoſes himſelfe to danger for the publike good: as even in naturall things, one part of the body is rightly expoſed to ſave the whole body; ſo alſo in things politique, a particular member of the common wealth is to be expoſed for to ſave the whole. And therefore the Prophet David upon this ground, accompanied with a ſpeciall inſtinct and motion of the Spirit, for the generall good of his nation, undertooke with the perill of his life; a dangerous combate againſt the Gyant Goliah. b1 Sam. 17.Caiaphas did tell a truth, when he ſaid, that it was better that one man ſhould die for the people, than that the whole Nation ſhould periſh. cJohn 11.50.Eleazar is commended, Qui ſe in mortem dedit, ut populum ſuum liberaret: Who gave himſelfe, that he might deliver his people, ſayes Mauden. Examples of this practice are frequent among the Heathen, and by them celebrated with greate praiſe: As Codrus the Athenian King, (if I be not miſtaken) who thruſt himſelfe into death among his enemies, that hee might procure victory to his people, according to the Oracle. Alſo of Curtius the Romane it is ſaid; that Se pro Republica praecipitavit in hiatum terrae: for preſervation of the common-wealth hee did throw himſelfe into a gulfe of the earth: But of this kinde many might be alleadged. VponUpon this ground it is, that the keeping of a Paſſe; the defending of a Town, or Fort, or the making of a Stand to check the purſuing enemy, may be committed to a few, againſt an unreſiſtable multitude of enemies: which charge and ſervice thoſe few are not to decline, nor diſert and quitt; although they doe foreſee that in that ſervice they muſt all die upon the place; when it is apparent, that by the loſſe of the lives of thoſe few, after that brave manner, the lives of many others are preſerved, with a more generall publike good of that body and State whereof they are members: So Sampſonlike, doing more good by their thus dying, than they ever did, or could, by otherwiſe living.
§. 19. Of certaine queſtions reſolved.
Queſtions 1. About a manflayer, for whoſe ſake his friends are purſued to death.To this point belongs the deciſion of divers queſtions. As, firſt, if a man have killed another, and eſcaped; for revenge whereof the kindred and friends of the ſlaine, in their purſuit of the manſlayer for juſtice, doe fall upon his kindred and friends that favour or entertaine him; whereby may follow the effuſion of much innocent blood, where there is not ſufficient power and authority to order and protect men againſt ſuch outrages; then is ſuch a manſlayer bound in conſcience to put himſelfe betweene his friends and ſuch harme, and to offer himſelfe a ſacrifice to appeaſe wrath; and to prevent a more generall bloodſhed, mortality, and deadly feud; Whereby, for his ſake, many of his deareſt friends might periſh. It is better that one ſhould die for preſerving of many, than that many ſhould die for preſerving one of no more worth and uſe than any one of the other: which is apparent by Ioabs demand in his purſuit of Sheba, at Abel of Bethmaachah, requiring him to bee delivered up to him, upon promiſe that he would depart from the City; which was done accordingly.a2 Sam. 20.21.
§. 20. About a man under deadly diſpleaſure of Superiours.
Queſtion 2.Secondly, if a man be fallen ſo farre under the diſpleaſure of his Prince, or State, (although unjuſtly, and undeſervedly) that they purſue him with that eagerneſſe to death, that for his ſake and life, a ſtorme of deſtruction is like to light upon, and conſume his deareſt and neareſt friends; then ought he, for their ſafety, to put himſelfe into the hands of implacable authority; to bee thereby heaved, as Ionas aJonah 2.15., into the high grown ſea of Superiours diſpleaſure; that the ſame may ceaſe from the raging thereof. Which practiſe and care ſeemes to have beene uſed by our Saviour Chriſt, when he ſaid if you ſeeke me, let theſe go their way bIohn 18.8.: to make a party, if hee were able to reſiſt; were to make an innocent man guilty of rebellion, and the meanes of more generall ruine.
An objection.If it be replied, that ſelf-love is againſt this courſe; and that the preſervation of juſtice is to be preferred above many mens lives; and that ſuch yeelding doth condemne the ſufferer, as guilty, and encourages the perſecutors in their injuſtice:
Anſwer. 1. About love.I anſwer, that the love of the whole, or more generall body, or principaller parts thereof, is to be preferred before the love of any particular, or inferiour member of the body; as is cleared by what is ſpoken already.
2. About Juſtice.To the ſecond I reply; that, of juſtice in generall, it is true, that it is to be preferred before the bodies and lives of many men;1. In generall. becauſe, neither trade, humane ſociety, nor the world can conſiſt without it: and therefore it is, that, for maintenance therof, Kingdome is juſtly armed againſt Kingdome; to reduce, and keepe thoſe to juſtice, that, otherwiſe tranſgreſſing the ſame, would confound all in tyrannie, or anarchy.
2. In particular.But, the caſe is not ſo in particular execution of juſtice, about every individuall perſon; when, by ſeeking, or preſerving of Iuſtice in particulars, wee open a way for greater injuſtice; uſing a medicine worſe than the diſeaſe. But our Saviour Chriſt fully cleares this point, in the fift of Mathew, when he ſaies, Yee have heard that it hath beene ſaid, an eye for an eye, and a tooth for a tooth: but I ſay unto you, that yee reſiſt not evill: but, whoſoever ſhall ſmite thee on the right Cheeke, turne to him the other alſo. And if any man ſue thee at the Law, and take away thy Coate, let him have thy Cloake alſo: and whoſoever ſhall compell thee to goe a mile, goe with him twaine aMat. 5.38, 39, 40.41.. For, no man is ſo farre bound to contend for juſtice, in his owne particular, but that he may, upon good reaſons forbeare, or diſpenſe with his owne right; whereby he incurres onelyonly an evill of damage, and not of ſin.
3. Of yeelding to ſuffer.Thirdly, this yeelding is not a making of the innocent ſufferer to be guilty; nor of the nocent wrong doer to be juſt; or more obſtinately to perſiſt in his unjuſt courſes; no more than the not applying of medicines to the diſeaſe called No li me tangere, doth foment it, when the medling with it, would inrage it and make it worſe. This courſe of yeelding to ſuffer wrongs, makes way and place for paſſive obedience; and for God, the great and righteous Iudge of the world, to do juſtice, even upon the higheſt; and to worke his owne glorious works, with redreſſe of all ſuch evills, as neither by right nor might can bee by man reformed: in which courſe of ſuffering wrong, wee have the Martyrs for examples to follow.
§. 21. Touching the voluntary appearance of Felons at liberty upon baile, to free their baile.
Third queſtion. Touching the voluntary appearing of Fellons to receive juſtice.A third queſtion reducible to this point is, whether a man that, for ſome capitall crime, is under bond of his owne promiſe; or upon ſome penall ſumme of money; or upon bond of a friend for him, of body for body, for his perſonall appearing at the Aſſizes; ought thereupon to appeare, when he certainely foreſees that there he ſhall be caſt, and die: as put the caſe it be for battery, or wounding of a man mortally; who dies thereupon, after ſuch bond given.
Anſwer. When they ought.I anſwer, if the bond for his appearance bee his owne promiſe, hee ought in conſcience to appeare; becauſe, Gods Word and Law bindes us to keepe our promiſes; if the ſame be not to doe ſin; although the ſame may bee damageable to usaPſal. 15.; but if ſo bee that his bond for appearance, be a penall ſumme of money, onelyonly by ſureties; then, all that a man hath, he will give for his life: ſo that, in this caſe, I ſee not that he is bound in conſcience to appeare, where he foreſees his owne death; when the Magiſtrate hath accepted a penall ſumme for fiduciary caution, in ſtead of his perſonall impriſonment, or other aſſurance for his appearance; and ſo may ſhift himſelfe, for his ſafety, to ſome place, as a City of refuge, to keep himſelfe from the hands of the avenger of blood.When againe they ought. But, if hee bee at liberty, upon his friends bond, of body for body, for appearance, then ought hee in conſcience to appeare, although hee certainely foreſee that there hee ſhall die; that he may free his friend, by his meanès, and for his ſake, ſo ingaged; both, in reſpect of the Law of friendſhip; and in regard of the cauſe, that is not his friends, but his owne, that by his meanes, and for him, an innocent man do not periſh: which were his grievous ſinne.
§. 22. What a guilty perſon ought to do to free the innocent.
Fourth queſtion. Concerning an innocent mans ſuffering by miſpriſion or error, in ſtead of the nocent: and what the guilty ought in that caſe to doe.A fourth queſtion that belongeth to this point, may be this; if a burglary or a murder be committed, and an innocent man be attached, arraigned, found guilty, and, upon preſumptions, be condemned for it to die, the true fellon not being knowne; as it fell out, where a certaine young man, a Suiter to a Maid, was taken, caſt, and condemned to death, and ſuffered for the murder, and death of that maide, with whom he was late in company, after the reſt of the family were in bed, and ſhe the next morning found murdered; which fact was done by a Villaine that was hid about the houſe; and not by the young man-ſuiter, as the Fellon afterward confeſſed. Whether is not the true actor of ſuch a fact bound in conſcience to diſcover himſelfe and confeſſe; that hee may ſave the life of an innocent, that for his ſinne he may not die?
Anſwer.The nocent ought to diſcover himſelfe.I anſwer, that hee is bound in conſcience ſo to doe: for, otherwiſe he is guilty, both by his fact, and ſilence, of the death of ſuch an innocent man ſo ſuffering, whom he might and ought to reſcue; now, it is certaine, that no man is to doe, or omit that which, by the doing, or omiſſion thereof, either multiplies, or aggravates his ſin; to his owne worſe, and eternall condemnation:And how. againe, he is bound not to ſuffer other men to ſinne, either by raſhneſſe, or malice, in the witneſſes or jurie, when it is in his power to prevent it, by true information; as, in this caſe he may: yet, I thinke he is to do it, with as great circumſpection, for ſafety of his owne life, as he can; being ſure that he leave not the truth undiſcovered; nor ſuffer the innocent to periſh, through his feare or neglect.
§. 23. About a mans voluntary revealing to the Magiſtrate, his own ſecret capitall crimes.
Fift queſtion.A fift queſtion, hitherto belonging to bee reſolved, is; if a man have committed a capitall crime, as murder, Polygamy, or the like, which was done ſo long agoe, or ſo farre off, or ſo ſecretly that none knowes, or will accuſe him thereof;About ſecret capitall crimes. and is ſo troubled in conſcience about it, that upon his private confeſſion to Divines thereof, and their counſell and conſolations miniſtred to him, he hath no reſt nor comfort; but in revenge upon himſelfe, is ſtrongly tempted to deſtroy himſelfe, by his owne hands; and cannot prevaile againſt his reſolutions of doing it; whether then is he to accuſe himſelfe of the crime, and to put himſelfe into the hands of Iuſtice to ſuffer for it.
Anſwer. When and how the delinquent is to reveale his crimes, that are capitall.In this caſe, I think, ſuch an one ought ſo to do: both for the eaſing of his conſcience, that no otherwiſe can have reſt; that thereupon others may be affraid to venture upon ſinne, with preſumption of ſecrecy; when they ſhall ſee the force of conſcience compelling men to blaze their owne crimes and ſhame. And alſo, for preventing of ſelf-murder, by ſubmiſſion to the ſword of Iuſtice, and to the mercy of the Magiſtrate; who perhaps will hardly, in ſuch a caſe, condemne a man, upon his owne inditement and witneſſe; where there is no other that doth the ſame; and when the act ſeemes to be unreaſonable, that any man ſhould ſeeke his death; where none accuſeth: and if he were, in this caſe, condemned, it is moſt like that the ſupreme Magiſtrate would ſave ſuch a one by pardon, or replevin; for the uſefulneſſe of his life in time to come: for, the ſword of Iuſtice cuts men off, not onelyonly for puniſhment of miſchiefe done; but alſo ſpecially for prevention of evill to come.
The barre removed.The barre, that may hinder ſuch a man from taking this courſe, may bee the feare of immortall ſhame and diſgrace, that he thinks he ſhould never be able to indure, if hee ſhould live, and the Magiſtrate not put him to death, after this publick accuſation of himſelfe. But to that it is eaſily anſwered, that the comfort, and eaſe of the conſcience would bee ſuch, upon that courſe, and the opinion and reſpect of the godly and wiſe, concerning him; that all that feared ſhame and diſgrace would vaniſh in the ayre, and he be the better approved.