Lifes Preservative Against Self-Killing, Tract · Chapter 2 · Section 24
§. 24. A ſixt queſtion, about burning or ſinking of a Ship in ſea fight.
A Sea caſe.For concluſion of this point, I will propound a ſea caſe: to wit, whether it be lawfull for a Captaine, or Maſter of a Ship, being overcharched with enemies in a Sea fight, rather to fire, or ſink his Ship, with himſelfe and his company to periſh in her, than to yeild and bee at the mercy of his enemies?Touching a Sea fight.
Anſwer. Touching Ships Royall. When to ſuſteine untill the ſhip be burnt or ſunk without danger of ſelf-murder.I anſwer, if the Ship do belong to the King, and is in ſervice for the State, and committed to her Commanders with charge rather to burne, or ſink her, than to yeeld: then are they to follow their Commiſſion in obedience to their Superiours: alwaies being carefull that they neither directly burne nor ſink the ſhip, with themſelves in her; but as the ſame may be done by the invading enemies, or accidentally by themſelves in their owne defence; as by blowing up the Ship, with intention to deſtroy their enemies: although they do ſee that they cannot doe the ſame, without the death of themſelves thereby; as Sampſon did.
When a man himſelfe may burne or ſink his owne ſhip without danger of ſelf-murder. A proviſo.Furthermore, ſuch a Commander may himſelfe burne, or ſink ſuch a Ship ſo committed to him, when he is no longer able to keepe her out of his enemies hands; for that, he is to deprive the enemies of all the ſtrength hee can: provided that he, and the remnant of his Company, do forſake her, and ſhift for their lives otherwiſe; as they beſt can; that they may not bee guilty of ſelfe-murder.
But, if a Captaine, or Maſter have Command of ſuch a Ship, without ſuch peremptory charge; then is he no further bound in conſcience touching yeelding, keeping, ſinking, or burning of her, in ſuch a deſperate caſe; than ſuch a Captaine, or Maſter that Commands at, or by his owne diſcretion; according to the Lawes, and Cuſtomes of the Sea, the determination whereof is touched in the next.
Touching a Merchant man whē to ſuſtaine untill ſhe be burnt, or ſunk without danger of ſelf-murder.But, if ſo be that the Ship be a merchant-man, and is commanded by her Captaine, or Maſter at his owne diſcretion, according to the Lawes and Cuſtomes of the Sea; if ſo be that he be ſo oppreſſed in fight with his enemies, that he is not able to make longer reſiſtance, or to eſcape; and ſhall certainely foreknow, that, if he, his Ship, and Company do fall into the hands of their enemies, their adverſaries will thereby be ſo encouraged and ſtrengthned, that the Nation, or State, to which ſuch a ſhip did belong, ſhall ſuffer much more harme, and damage, by the imployment of her, her Company, and goods againſt the ſame; than if ſo be that ſuch a Ship ſhould have periſhed in the Sea, with all her company and goods: or, if ſo be that ſuch a Commander do foreſee, that his yeelding will bring him, and his men, to a captivity, or death more tedious, than what by reſiſtance they can ſuffer; then ought ſuch a Commander to chooſe the beſt of the two evils of damage, and rather die in reſiſting, induring the Ship to be ſunk, or fired by his enemies; or to doe it himſelfe,A proviſo. alwaies being carefull, in ſuch a caſe, for preſervation of their lives, as long as they can, by quitting her, and ſhifting as they can in the Sea, at the mercy of their enemies, and of the waters; when Gods providence unevitably caſts them into their hands. In ſuch a deſperate pinch, to blow up the Ship, whereby they foreſee that themſelves alſo muſt periſh; is no more unlawfull, than Sampſons pulling downe the houſe upon his enemies and himſelfe, ſo long as their intention is not to kill themſelves, but their enemies, in their owne juſt defence; which (in this caſe) they cannot doe without killing themſelves accidentally. But, if there bee not ſo great danger and loſſe like to enſue, by their enemies taking ſuch a Ship, as by periſhing in reſiſting; then is ſuch a Commander to yeeld, that he may not bee guilty of indirect ſelf-murder: as hath beene ſaid about fighting beyond our warrant, or upon deſperate diſadvantages, and that he may ſave himſelfe and his Company, for further ſervice of God, his Countrey, and friends.When to yeeld.