Lifes Preservative Against Self-Killing, Tract · Chapter 2 · Section 5
§. 5. A queſtion reſolved about ſtanders mute at tryall.
About mutes refuſing to undergoe the ordinary legall triall for their lives.To this branch of indirect ſelf-murder by omiſſion belongs the caſe about mutes, who are perſons ſtanding legally indited and arraigned for ſome capitall crimes, that doe wilfully and obſtinately decline and refuſe either to confeſſe themſelves guilty of the ſame, or to ſubmit themſelves to be tryed by God and the Country; notwithſtanding that they certainly know that for their ſtubborne muteneſſe, they ſhall in fearefull manner bee preſſed to death; in which reſpect they are indirect ſelf-murderers; although that they are thereunto moved eſpecially by foure ſeeming reaſons.
Their reaſons. 1.Firſt, becauſe that by that way they would ſave their eſtates, (if they have any) from being confiſcate to the King, that their heires may enjoy the ſame.
2.Secondly, that ſo they may eſcape the death that is moſt ignominious in their eyes, and infamous in the world to their memories, friends, and poſterities, whereunto they foreſee they ſhould be ſubject, if ſo be they ſhould undergoe an ordinary tryall.
3.Thirdly, that it may not be ſaid that they ſuffered and dyed for ſo odious and ſhamefull crimes and facts as they are accuſed of, and indited for.
4.Fourthly, that they may not be caſt, condemned, or ſuffer by the meanes, wills, and hands of ſuch proſecutors, witneſſes, Iury, or Indges as they take to be their capitall enemies; they chooſe to die by that courſe of their owne election wherein their adverſaries can leaſt (as they thinke) have their will of them.
They ſhould die, and why.But whatever be their reaſons of ſtanding mute in that caſe, it is moſt juſt that therefore they ſhould bee put to death in moſt terrible and ignominious manner; for two reaſons.
1.Firſt, becauſe of the intollerable wrong that thereby they doe to authority and juſtice; tending to the overthrow of the ſame, by refuſing to ſubject their lives to the triall and judgement thereof; and by their deaths (as it may be truly interpreted) depriving their higheſt Soveraignes on earth both of the commendation of Iuſt, and alſo of opportunity of ſhewing mercy, and giving pardon to delinquents: and ſo not ſubmitting to the judicature, they actually declare themſelves to be rebellious outlawes, for which they are juſtly to die.
2.Secondly, be cauſe ſuch perſons, by declining ſo juſt a way of trial by God and their Peeres, doe (in iuſt conſtruction) declare themſelves to bee guilty of the facts and crimes whereof they are indited; and for which they ought to die, but ſeeke to croſſe the law in the proper kindes of puniſhment due for the ſame.
And that they are guilty of their owne deaths by a groſſe courſe of indirect ſelf-murder, is evident by foure reaſons.Mutes are ſelf-murderers.
Reaſons. 1.Firſt, becauſe ſuch an one wilfully and obſtinately reiects that lawfull and ordinary courſe of triall, whereby it is poſſible that he might eſcape with his life; either by not being found guilty; or elſe by replevin, or pardon from the execution; and chooſes that illegall courſe of ſtanding mute, whereby, and for which hee certainly knowes he ſhall die: and as certaine it is that ſo dying, he is an indirect ſelf-murderer; in regard that he caſts away his life wilfully by that courſe, which was in his owne power moſt lawfully to have avoyded.
2.Secondly, by choiſe of that courſe of ſtanding mute, when he is called to a lawfull tryall, he dies not only for that contumacy againſt authority and law; but alſo thereby he unnaturally witneſſes, and gives verdict againſt himſelfe to be guilty of the originall fact or crime for which he is indited, and ought to die if it can bee proved and found againſt him; which thing hee (by his muteneſſe), doing, in that reſpect hee juſtly periſhes by his owne meanes, and is indirectly a ſelf murderer: for no innocent would decline ſo juſt and lawfull a tryall, by God and his Peeres, when he knowes that by ſo refuſing hee ſhall ſurely die.
3.Thirdly, it is apparent that ſuch a body is indirectly a ſelf-murderer; becauſe of the morall nature of their courſe of ſtanding mute; which is moſt wicked and unlawfull, both by Gods law and mans: For, by the law of God and nature, every man is bound to plead and doe the beſt he can by all lawfull meanes to prolong, or preſerve his life; but ſtanders mute in caſe of triall upon their lives, doe not ſo, but utterly neglect the uſe of lawfull meanes to prolong, or ſave their lives; and therefore are of this kinde of ſelf-murderers.
By mans law, for a perſon arraigned to ſtand mute, is moſt unlawfull, becauſe it croſſes the execution of Juſtice, and is juſtly puniſhed by a moſt terrible kinde of death, by preſſing. Man hath not an allowed choiſe given him by law, either to ſubmit to triall, or to be mute, as he ſhall pleaſe: for if the choiſe were lawfull, why then ſhould hee bee puniſhed for doing that which hee may lawfully chooſe, which could not be done by the magiſtrate without great injuſtice?
4.Fourthly, that ſuch mutes are indirect ſelf-murderers, is evident by the voluntary diſpoſition: of their wills in the free choiſe of that mortall courſe, and by the proper nature of their death, and by the meritorious cauſe and reaſon of it; all proceeding from themſelves in active manner. Whereas, touching their deaths, and courſe of inflicting thereof, they ſhould paſſively and obediently ſubmit to God and lawfull authority to live, or die as they pleaſe, where no lawfull choiſe is given in mortall courſes, there no man can chooſe that which is unlawfull without being an indirect ſelf-murderer, as it is in this caſe.
Anſwer to their motives.The motives whereupon any perſons doe ſtand mute, refuſing to be tryed in an ordinary lawfull manner, are altogether inſufficient to juſtifie their practiſe.
For anſwer to the firſt, it is certaine that we ſhould do nothing that is unlawfull to ſave our worldly eſtates for our heires: but this courſe is unlawfull; Ergo.
To be more carefull to provide for the ſafety of their worldly goods, than of their ſoules, is wretchedneſſe and deſperate folly; which all thoſe doe which by unlawfull meanes would preſerve their eſtates. Such mutes are ſo farre from being worthy of having their eſtates preſerved by this courſe, that therefore they ſhould the rather loſe them, and themſelves be the more cruelly and ignominiouſly entreated, for being guilty of two horrible crimes; firſt, that whereof they are indited, and for which they refuſe to anſwer to be legally tryed; the ſecond is their contumacious rejecting of all juſt and legall courſes of tryall, and active obedient ſubjection to authority, requiring their ſubmiſſion.
Touching their ſecond and third motives of ſtanding mute, with reſpect onelyonly to the matter of their worldly credit, the ſame is meere folly; becauſe by this courſe they doe farre more diſcredit and make themſelves infamous; in regard that ipſo facto they make themſelves guilty of a double crime; both of that whereof they are indited, and alſo of contumacy againſt authority and law; and the death of preſſing that they ſuffer, is the juſt reward of their obſtinate muteneſſe, beſides all their other demerits: it is chiefly the morall manner of dying that is comfortable and honourable, wherein ſuch mutes are wanting.
Their fourth motive, which is from feare, proud impaciencie of ſuffering uniuſtly, or inimically by others, in the courſe of ordinary legall triall, is moſt vaine: for why ſhould we wrong our ſelves, that we may eſcape being wronged, or inſulted over by others? this was the practiſe duplicate page duplicate page duplicate page duplicate page of Saul, to kill himſelf that he might prevent being inſulted over and mocked by the uncircumciſed Philiſtims: the matter of the greateſt triumph to our enemies over us, is to give them a victory by our owne hands, both over our bodies and mindes; as ſuch mutes doe, to their eternall deſtruction.
Such mutes are not onelyonly guilty of their owne deaths; but alſo, by that courſe they ſubiect themſelves to everlaſting damnation both in ſoule and body: both becauſe they die impenitently and wilfully in a ſinfull way of their owne obſtinate procurement and choiſe: and alſo doe caſt away their ſoules in departing this world in uncharitable manner, without either confeſſion or clearing of themſelves in lawfull manner, of the crimes for which they are indited and arraigned: and ſo periſh as outlaws againſt both God and humane authority; whoſe fact is equivalent to direct ſelf-murder, by wittingly and willingly doing that unlawfull act, which they know will inevitably ſubiect them to death, without hope of eſcape.