Self-Homicide is Not So Naturally Sin that it may Never be Otherwise, Part 2

Self-Homicide is Not So Naturally Sin that it may Never be Otherwise · Part 2

p. 75Second Part.

Distinction I. Of the Law of Reason.

SECT. I.

THat part of the Definition of sin, which wee received for the second place, is, 1. That the law of reason, is, conclusions drawne from primary reason by discourse.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 rather choose to admit such an acceptation thereof, as may bring most doubts into disputation, and so into clearenesse.

p. 76Reason therefore in this place shall signifie conclusions drawne and deduced from the primary Reason, by our discourse and ratiocination: And so sinne against reason, is sinne against such arguments and conclusions as may by good consequence be de…ived from primary and originall Reason, which is light of nature.

This primary reason therefore, against which 2. How much strength, Reasons deduced have.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.

And as in earthly Kingdoms, the Kings children, 1. Of this sort of Reasons, generall lawes have the greatest authority.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 obsequiousnesse, belong to them as they are propagated 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 onelyonly as Dukes, or Lords, and possessors of patrimoniall estates, but every mans heart and allegeance is directed p. 77and fastned upon the Prince, and perchance a step or two lower, with a present and immed ate relation to the father, and what they have from him. So whē from those true propositions, which are the eldest children and issue of our light of Nature, and of our discourse, conclusions are produced, those conclusions also have now the Nature of propositions, and beget more; and to all these there belongs an assent and submission on our parts, if none by the way have beene corrupted and bastarded by fallacy. And though (as in the other case) men of a weake disposition, 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 resolution is determin'd, and arrested by it, and submitted 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 divers 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 resolutions of particular men, or of Schooles.

Both because it is of the essence of all humane 2. For that is of there essence that they agree with law of Nature.law, that it agrees with nature, (I meane for the obligation in interiori fore, without which a law p. 78hath no more strength, then an usurper, whom they which obey, watch an oportunity to dispossesse.)

And because Assemblies of Parliaments, and 3. And there is better testimony of their producing, then of private mens opinionsCouncels, and Courts, are to be presumed more diligent for the delivery and obstetrication of those children of naturall law, and better witnesse that no false nor supposititious issue be adm…tted, then any one man can be. For aaDig. l. 1. tit. 3. le. 1. lex est.the law is therefore well call'd Communis Reip. sponsio, because that word signifies as well, that, to which they have all betroth'd themselves, as, the securitie and stipulation which the State gives for every mans direction and assurance in all his civill actions. Since therefore we have in the first part throughly examined, whether this Selfe homicide be alwayes of necessitie against the law of nature, it deserves the first consideration in this second part, to inquire how farre humane Lawes have determin'd against it, before wee descend to the arguments of particular Authors, of whatsoever reverence or authoritie.

SECT. III.

And because in this disquisition, that law hath 1. Of lawes, the Imperiall law ought first to be considered.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, aaDig. l. 1. T. 1. le. 9. omnes.it will bee the same, (as wee said before) as Rocta Ratio, and so not differ from the law of Nature.

p. 79To my understanding, the Civill or Imperiall law, having had once the largest extent, and being 2 The reason of that law is not abolished, but our dependency upon it.not abandon'd now, in the reason, and essence, and nature thereof, but onelyonly least the accepting of it should testifie some dependencie upon the Empire, we owe the first place in this consideration to that Law.

This therefore which we call the Civill Law, 3 Why this is called civill Law.(for, though properly the Municipall Law of every Nation be her Civill Law, yet Romes Emperors esteeming the whole world to be one City, as her Bishops doe esteeme it one Diocesse, the Romane Law hath wonne the name of Civill 4 Of the vastnes of the books from whence it is concocted, and and of the extent thereof.Law, being a bbIustinian. ep. ad Trebonian.decoction and composition of all the Regall Lawes, Dec…ees of the Senate, Plebescites, Responsa Prudentum, and Edicts of Emperors, from 1400. yeares before Justinian, to so long time after, as the Easterne Emperors made them authentique; being of such largenesse, as ccIustinian cpi. ad DD. de Jur. docend. arte.Iustinians part thereof consists of 150000. of those distinctions which he calls verses, and is the summe and marrow of many millions, extracted from 2000. Volumes.

This Law which is so abundant, that ddWind. Theolog. Iur.almost all the points controverted betweene the Romane and the reformed Churches, may be decided and appointed by it. This Law, I say, which both by 5 Nothing in this law against our case.penalties, and Ana…hemaes, hath wrought upon bodies, fortunes, and consciences, hath pronounced nothing against this Selfe-homicide, which we have now in disputation.

p. 80It is true that of Adrian the Emperor, who was 6. Of the law of Adrian.about 120. yeares after Christ, we finde one Rescript, in the body of the Law, [ddDig. 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 eeDig. lib. 49. tit. 10. le. 6. Omne delictum.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 favorably penall Lawes are to be interpreted:) Nor overtakes it all men, but onelyonly 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 naturall 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 ever p. 81did to the Clergy under their Romane Bishops, after they had thus maym'd themselves, and defrauded the State of their service, should by this inh…rent character of Souldiership, enjoy all those advantages, which those Lawes afforded them.

There is hhDig. l. 48. tit. 21. le. 3. Qui rei.one law more in the body of the Civill Law, which seemes to reach farther, because it binds not it selfe to any one condition of men; which is, [That if a man already accus'd, or 7 Of the other law for guilty men.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 successorem.] So that that Law presumes there are just causes to worke such an effect. And upon the consideration of this Civill Law, I determin'd to bestow this first Distinction.

Distinction II.

SECT. 1.

THat which they call the Canon Law is of larger extent then this; for it reaches to bind 1 Of the Canon Law.the Princes themselves, at least by their acceptation and submission to it.

p. 82And as the subject of it, is greater, being people 2 The largnes of the subject, and object thereof.and Prince; so is the object, being the next and eternall life. Yea it is so vast and undetermin'd, as we know not in what books to seeke the limits thereof, nor by what rules to set the land-marks of her jurisdiction.

For, (for the booke,) it is evident that the Primitive 3 Of Codex Canonum; or the body of the llaw, in use in the primitive Church.Church had Codicem Canonum, which was inserted into the body of the Romane Law, and had no other subfistence, but as it was incorporated there. Thereupon aaDist. 10. certum est.Gelatius writes to Theodorus 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 Ecclesiastique. And after the expulsion of the Goths, bbDist. 10. vestr….Leo 4. intreated and obtained the same from Lotharius. From this Codex Canonnm; the Emperors determined and decreed in many Ecclesiastique causes; From this Codex the Councels after were governed in making their Canons: as wee may see particular Canons of this Booke cited, the booke being often call'd for in the Councels, and being then ordinarily named, The body of the Canon Law. This body consisted of the Canons of nine Councels authorized by the Emperors.

But for those immense additions growne to it 4 Of the Additions to this Codex.since that time, of Bulls, and Decretall Letters of Popes, Decrees of suspitious and partiall and S…hismatick Councels, (for nothing is more properly Schisme, and Solutio continui, than a rent betweene the Civill and Ecclesiastique State; which p. 83occasion'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 denizen'd them.

But least to quarrell with their authority now, might seeme in us a subter-fuge and shift to decline 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 dissemble nothing, which in them seemes to resist this opinion, though in common entendment this law is likely to be severe against it, because the 5 Canon law apter to condemne then Civill, and why.civill lawes content themselves ever with any excuse or colour in favour of the Delinquents, because when a fault is proved it punishes severely, but ccPaleotus de nothis c. 19.the Canon Lawes which punish onelyonly 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.

And first because heresie which is laesa Majestas Divina, of all crimes is the principall object of 1 That this proposition is not hereticall.that Court, I say, that this proposition, is not by any thing extant in the Canon law, (and therefore not at all) hereticall, allowing to them their p. 84largest definition of heresie; which is, aaSimancha Enchirid. Iud: tit. 24. nu. 2.[Any thing which is against Catholique faith, that is Scriptures rightly understood; Or the traditions and definitions of the Church, or generall Councells lawfully 2 A large definition of heresie.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 temeraria, 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 corner. 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 Divine law.

Next, there is no tradition nor definition of 3 No definition of the Church in the point.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.rescript or Bull of any Pope. And for the common opinion of the Fathers (besides that it can 6 Of the comon opinion of Fathers, how it varies in times and places.be no safe rule, because bbMoral. Instit. to. 1. l. 2. c. 13.as [Azorius notes, Controverters often say on both sides, this is the common opinion; And certainely that is the common opinion p. 85in 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 cc23. q. 5.Gratian who onelyonly of the Compilers of the Canon 7 Gratian cites but two fathers, one of which is of our side.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 onelyonly 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 inflicting any punishment upon the offender.

I speake here of the Canon law, to which the 8 Of that part of the Canon Law, to which Canonists will stand.Canonist will stand: which are the Decretall letters, and all the extravagants. For, of Gratians Decret. that learned and ingenious Bishop of Tarracon, hath taught us what we should thinke, when he sayes, [ddAuto. Augustin. l. de …mendat. Gratian. l. 1. dial. 1. de titulo. That he is scarce worth so much reprehension; who having nothing that is profi…able or of use, except he borrows it, is admired of the ignorant, and laughed at of the learned,] eeIdem dial. 4.[who never saw the bookes of the Councells, nor the works of the Fathers, 9 A Cathol. Bishops censure of Gratians Decret.nor the Registers of the Popes letters.] ffIdem dial. 3.And whose compilation had not that confirmation from Eugenius 3, as is fasly attributed to it.] Yet allthough Gratian have not so much authority, that p. 86by his inserting an imperiall law, or fragment of a Father, it should therefore be canoniz'd and grow into the body, and strength of the Canon law, (for then though that law were abrogated againe by the Emperour, it should still be alive and bin…e by a stronger obligation in the Canon, which ggDe libris juris 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 th…y had in the Author from whom he tooke them. And therefore when we come to handle the Reasons of particular Authors, we will pretermit none whom Gratian hath cited, for that is their proper place.

SECT. III.

And in this Distinction where we handle the opinion of the Canon Law in the point (not because 1 What any Councels have done in this point.Gratian cites it, but because the Canons of all Councels are now usurped as Canon Law) we will consider aa23. q. 5. placuit.a Canon of the Braccarense Councell cited by him.

But first, (although he have it not) wee will not conceale the bbConcll. Antisidor. 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 p. 87able, the Doctrine of our blessed Saviour, who having determined all bloudy sacrifices; enlightens us to another Doctrine, that to endure the miseries & afflictions of this life, was wholsome, and advantagious to us; the Councels also perceiving that this first ingraffed and inborne desire, needed all restraints, contributed their help.

This ccCanon. 17.Canon then hath these words, [If any kill themselves, Istorum oblata non recipiantur.] 3 The Councel of Antisid. onelyonly refused their oblationsFor it seemes, that Preaching and Catechizing had wrastled, and fought with their naturall appetite, 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 forbids to bee accepted, not decreeing any thing of the point, as of matter of faith, but providing against an inconvenient practice.

Neither was it much obligatory, or considerable, 3 This was but a Diocesan Councell.what it had decreed, being onelyonly ddNotae Binnij in Conc. Antis. To. 2. fo. 955.a Diocesan Councell, of one Bishoppe, and his Abbats, and whose Canons Binnius presents, 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 ee23. q. 5. placuit.Gratian cites and besides which two I finde none) hath these 4 The Braccar Councel inflicts 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, p. 88as the language of the Canon Law is, Caninam sepulturam.

But the ff24. 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 excommunicate.excommunication, it is not so; [For we may communicate with him dead, with whom we may communicate living.] Which showes that his act of dying so, put him not into worse state in this respect. This answers the first punishment inflicted 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 ggDecret. l. 5. tit. 13. de torneamentis.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, Eucharist, and Unction.

So that, though since it denies buriall to men 6 The second, which is deniall of buriall, is not alwayes inflicted for offences; as appears in an interdict locall.whom they esteeme in state and way of salvation, the Glosse here collects reasonably, [That this punishment reaches not to the dead, but onelyonly to deterre the living;] referring to this purpose an hh13. q. 2. anim.Epistle of Gregory, saying, [So much as a sumptuous funerall profits a wicked man, so much a base, or none at all hurts a godly.]

Lastly, that iiLi. 3. tit. 7. de sepulchris. Eos qui.Clementine which reckons up many causes for which Christian buriall is denyed, amongst which one is a locall interdict, at what time the holyest man which dyes in that place cannot bee buried, which sometimes extends to whole Kingdomes, instructs us sufficiently, p. 89that one may be subject to that punishment, if it be any in that Law) and yet not guilty of such a crime as this is reputed to be.

And kkSylv. ad leg. Reg. c. 11.the Romans in their Religious Discipline, refused solemne buriall, to any which perished by lightnings, llP. Manut. de leg. Rom.though they buried offenders in the towne, as they did Vestals and Emperours; because as their Dedication 7 Romans buried such offenders as had satisfied the Law within the towne, as Vestals, and Emperors.to God had delivered the Nunnes, and Soveraigntie the Emperours from bondage of Law; so did Justice, to which they had made full satisfaction deliver offenders punished. And since both Saint Hierome, and the Bracarense Councell, 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 murtherers, 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.

p. 90Distinction III.

SECT. I.

OF Arguments of this Nature, which are 1 Of the laws of particular Nations.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 second roome, because the power thereof hath beene ever litigious and questionable,) I may justly ranke the Lawes of particular states.

By our Law therefore, as it hath not beene 2 Of our law of Felo de se. Br act. f. 150.long in practise, (for aa…Bracton seemes not to know such a Law, when allowing an intire chapter to that title, he onelyonly repeats the words in that Emperiall Law, which I cited before, and so admitts, (if he admit that Law, that exception, Sine justa causa) he which kills himselfe is reputed felo de se; and whether he be chargeable with any offence or no, he sorfeits his goods: which devolving to the Kings Almoner, should on the Kings behalfe be employed in pious and charitable uses.

And bb…lowd. Com. Hales his case.it is not onelyonly Homicide, but Murder, 3. That this is murder in our law; And the reasons which entitle the King.And yet the reasons alledged there, are but these, That the King h…h lost a Subject, that his Peace is broken, and that it is of evill example.

p. 91Since therefore, to my understanding, it hath 4 Our naturall desire to such dying, probably induced this law.no foundation in Naturall nor Emperiall Law, nor receives much strength from those reasons, but having b… custome onelyonly 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 Lawmakers and observers of things fit for the institution and conservation of states.

For in ancient Common-wealths, the numbers of slaves were infinite, as ever both ccBodin Rep. l. 1. c. 2. & l. 6. c. 1.in 5 As in States abounding with slaves, the Law-makers quenched this desire.Rome and Athens, there were 10 slaves for one Citizen; and ddl. 33. c. 10.Pliny sayes that in Augustus time, Isidorus had above 4000. And eeScbast. Med. de Venat. Pisca. et aucup. q. 41.Vedius Pollio so many, that he alwayes fed his fish in ponds with their blood; and since servitude hath worne out, yet the number of wretched men exceeds the happy (for every labourer is miserable and beastlike in respect of the idle abounding men;) It was therefore thought necessary by lawes, and by opinion of Religion, (as ffAug. de Civi. Dei l. 4. c. 27.Scaevola is alleaged to have said, Expetit in Religione 6 Least it should draw too fast; as Hunting and Vsury are; and as wine by Mahom.Givitates falli,) to take from these weary and macerated wretches, their ordinary and open escape, and ease, voluntary death.

And therfore it seemes to be so prohibited, as a ggPruckinan. de Venat. Pisc. & Aucup. c. 4.Lawyer sayes, hunting and usery is [Ne inescarentur homines] and as hhPompon. de Incantat. c. 10.Mahomet to withdraw his Nation from wine, brought them p. 92to a religious beliefe, that in every grape there was a Devill.

As therefore amongst us a naturall disease of 7 And as severe lawes against stealingstealing, (for as all other, so this vice may as well abound in a Nation as in a particular man, and iiB. Dorotheus doct. 11.Dorotheus relates at large, the sicknesse of one of his fryars, who could not abstaine from stealing, though he had no use of that which he stole) hath draw from a kkBinnius to. 3. par. 2. f. 1476. An. 1237.Councell holden at London under Hen 3. a Canon which excommunicates the Harbourers of Theeves (quibus abundat Regio Angliae, and mentions no other fault but this, and from the Custome, and Princes, and Parliaments severe Lawes against theft, then are justifiable by Nature, or the Iewes Judiciall Law, (for our Law hangs a man for stealing in extreame necessity, when not onelyonly all 8 When a man is bound to steale.things, to him, returne to their first community, but he is bound in conscience to steale, and were, in some opinions, (though others say he might neglect this priviledge) a Selfe-murderer if he stole not.

And ll14. Dist. 15. q. 3.Scotus disputing against the Lawes of 9 Scotus opinion of day theeves.those Nations, which admit the death of a theife robbing by day, because mmExod. 22. 3.Exod 22:3whoever kills such a theife, is expresly by Gods Law a murderer, ask where have you read an exception of such a theife from the Law, Non occides, or where have you seene a Bull fallen from Heaven to justifie such executions? So it may be, a naturall declination in our people to such a manner of p. 93death, 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 misdevout 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 Medecines.

The like must be said of the like Law in the Earldome of Flaunders; If it be true, nnTholosa. Syn. l. 36. c. 22. nu. 13. ex Buteler. in summa rurall.That they allow confiscation of goods, in onelyonly five cases, whereof this is one; and so it is rankt with Treason, Heresie, Sedition, and forsaking the Army against the Turk, which be strong 10 Of such a law in Flaunders.and urgent circumstances to reduce men from this desire.

SECT. II.

For wheresoever you finde many and severe Lawes against an offence it is not safe from 1 Severe lawes are arguments of the peoples inclination, not of the hainousnesse of the fault.thence to conclude an extreame enormity or hainousnesse in the fault, but a propensnesse of that people, at that time, to that fault. Thereupon aaEpist. ad Philip.Ignatius and many others, even intire Councells, were forced to pronounce, that whosoever p. 94fasted upon Sundayes were Murderers' of 2 Sunday fast extremly condemned thereupon.Christ.

So in France the Lawes abound against Duells, to which they are headlongly apr.3 So Duells in France.

So are the resolutions of the Spanish Casuists, and the Bulls of the Popes, iterated and 4 So Bull-baitings in Spain.aggravated in that Nation, against there Bullbayting, to which they are so enormously addicted, which yet of it selfe is no sinne, as Navar Navar. Manu. li. 15. nu. 18.retracting his opinion after 70 yeares holds at last.

These severe lawes therefore do no more aggravate a fault, then milde punishments diminish 5 Gentle laws diminish not the nature of rape, nor witchcraft.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 bbCap. 67.Salique law punishes a witch, which is convict to have eaten a man, pecuniarily, and la… no high price. And therefore ccH…de his qui not. infam. l. 2. §. 1. …. 2.Bartolus allowes that in cases of publique profit or detriment, the Judges may extend an odious and burdenous law beyond the letter, and restraine a favourable and beneficiall 6 Publique benefit is the rule of extending or restraining all lawes by Bartel.law, within it, though this be against the Nature and common practise of both these lawes.

If therefore our, and the Flemish law be severe in punishing it, and that this argument have 7 If other Nations concur in like lawes, it shews their inclination to be generall.the more strength, because more Nations concurre in such lawes, it may well from hence be retorted, that every where men are inclinable p. 95to it: which establisheth much our opinion, considering that none of those lawes, which prescribe 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 forbidden, and binds the conscience no farther, but under the generall precept of obedience to the law, or to the forfeiture.

SECT. III.

It seemes also by the practise of the Jewes, 1 The custom of the Iewes, and the law of the Athenians evict nothing.(for aaDe bello Jud. l. 3. c. 13.Josephus speaks of it, as of a thing in use) that they did not bury such as killed themselves, till the Sunne set. But though I know not upon what Law of theirs they grounded this, and I finde not by writers of either of their Policies since their dispersion, (for though they have no Magistracie, but bee under the Lawes of those places into which they are admi…ted, in all cases except where they be exempted by priviledg, yet they doe also testifie a particular derestation of some sins by outward penances among themselves, bbBuxdor. Syn. Iudais c. 34.as in theft, they binde, and whip, and enjoyne to publike confession, and in Adultery the offender sits a day in Winter in freezing water, and in Sommer upon an Anthill, or amongst hives of Bees naked, though, I say, I finde not by Galatine, Sigontus, Buxdorfius, nor Molther, that this was or is in use amongst them, yet because Josephus, though but Oratorily sayes it, p. 96we will accept it; and beleeve that it was upon the reason common almost to all Nations, to deterre 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.

That reason which is grounded upon the Edict of Tarquinius Priscus, aaPliny. li. 36. cap. 13.who when this 1 The reason drawne from remedies against it, proves no more.… of Death raigned amongst his men like a contagion, cured it by an opprobrious hanging up their bodies, and exposing them to birds and beasts. And bbA. Gellius li. 15. c. 10.upon that way of reducing the Virgins of Mil…sium, who when they had a want…nnesse of dying so, and did it for fashion, were by Decree dishonourably exhibited as a spectacle to the people naked, prevailes no farther then the argument before, and proves onelyonly a watchfull sol…citude in every State, by all meanes to avert men from this naturall love of ease, by which their strength in numbers would have been very much empaired. And thus wee determine this Distinction.

p. 97Distinct. IV.

WEe will now descend to those reasons 1. Of reasons used by particular men, being 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 Divine Authors, if they bee not grounded upon places of Scriptures, which we repose for the last part, shall have there ventilation in this Distinction.

SECT. I.

The aa23. q. 5. Duplicet.first place then, is in an Epistle of 1. Of S. Augustine and his Argument.Saint Augustine to Donatus the Heretique; who having beene apprehended by the Catholikes, fell from his Horse, and would have drown'd himselfe: and after complaines of violence used towards him, in matter of Religion, wherein he claimes the freedome of Election, and conscience. Saint Augustine answers, wee have power to endeavour to …ave thy soule against thy will, as it was lawfull to us, to save thy body so. If thou wert constrained to doe evill, yet thou oughtest not to kill thy selfe. Consider whether in the Scriptures, thou finde any of the faithfull that did so, when they suffered much p. 98from them, who would have forced them to do things to their soules destruction.

To speake a little of Saint Augustine in generall, because from him are derived almost all the 2. Of St. Aug. comparatively with other Fathers.reasons of others, he writing purposely thereof, from the 17 to the 27 Chapter of his first book De Civitate Dei, I say, as the Confessaries of these times, comparing Nav… and Sotu… two of the greatest Casuists, yeeld sometimes that 3. Comparison of Navar and Sotus.Navar, is the sounder and learneder, but Sotus more usefull and applyable to practique Divinitie; So, though Saint Augustine for sharpe insight, and conclusive judgement, in exposition of places of Scripture, which he alwaies makes so liquid, and pervious, that he hath scarce been equalled therein, by any of all the Writers in the Church of God, except Calvin may have 4 Jesuists often beholden to Calvin for expositions.that honour, whom (where it concernes not points in Controversie,) I see the Jesuits themselves often follow, though they dare not name him, have a high degree and reverence due to him, yet in practique learning, and morall Divinity, he was of so nice, and refin'd, and rigorous 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 Hierome, and some others, may bee thought sometimes fitter to adhere unto, then St. Augustine; Yet I say not this, as though wee needed this medicament for this place.

p. 99For I agree with Saint Augustine here, That 5. In this place we differ not from St. Aug.neither to avoid occasion of sinne, nor for any other cause, wherein my selfe am meerely or principally interessed, I may doe this act; which also serves justly for answer to the same zealous Father in the other place, bb22. q. 5. S… non.cited by Gratian; 6. Nor in the second.for with him I confesse, [That he which kills himselfe, is so much the more guilty herein, as hee was guiltlesse of that fact for which hee killed himselfe.]

Though, by the way, this may not passe so generally, but that it must admit the exception, 7. That then may be Causa puniendi sinc culp….which the ccReg. sur. 6.Rule of Law upon which it is grounded, carries with it, [Nemo sine culpa puniendus, nist subsit causa.] And so, as Saint Augustine, we, with as much earnestnesse, say, [Hoc asserimus, 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 only, or principally) it can be lawfull for any man to kill himselfe.] But neither Saint Augustine nor we deny, but that if there be cases, wherein the party is dis-interested, and only or primarily the glory of God is respected and advanced, it may be lawfull.

So that, as Valens the Emperour, having surprised 8. As Valens missed Theodosius; So did Augustine pretermit the right cause.Jamblicus, when his divining cock had described three lette…s of his name who should succeede, slew all whose names were Theodor… p. 100Theodotes, 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 justifiable.

In which case being hard to be discern'd and distinguished … others arising from humane 9 Of Cordubensis rule, how we must do in perplexities;infirmity, it that rule which ddA…t. Cordub. de simonia q. 27. Editione. Hispani.Antonius de Corduba, gives in cases of simony, be as he sayes it is, a good guide in all perplexities, it will ease very much.

He sayes, because in the case of simony, many difficulties g…ow, because not onelyonly by cleare 10 How temporall reward may be taken for spirituall office.and common judgements, temporall reward may be taken for spirituall offices, by way of gift, stipend, wages, almes, sustenation, or fulfilling the law or custome of that place, but also by some. Doctors, even by way of pr…ce, and bargaine, if not directly for the spirituall part thereof, yet for the labour necessarily annexed to it, because every Curate cannot distinguish in these cures, he bids him [ever doe it, with an intention to doe it so, as God knowes it may de done, and as wise men know a…d would teach that it might be done: For thus saith he, humbly remitting our selves to the learned, which are our fathers instruction, what ever defect be in us, yet Saluamur in fide parentum.] Hesychius vitae philosophorum.And in this sort (e) Pindarus making an implicite prayer to God, that he would give him that 11. Of Pindarus death praying for he knew not what.which he knew to be best for him, died in that very petition.

p. 101Except therefore ffVb… supra.Saint Augustine have that moderation in his resolution; That a better life never receives a man after a death whereof 2 In our place we depart from St. Aug. upon the same reason as the Jesuit Thyraeus doth.himselfe was guilty, we will be as bould with him, as ggThyrae. Jesui. de Daemoniacis c. 31. …. 428.one who is more obliged to him then we, who repeating Augustines opinion, That the Devill could possesse no body, except he entred into him by sinne, rejects the opinions, and saies, The holy Father speaks not, of what must of necessity be, but what for the most part uses to bee.

SECT. II.

And in our case we ought (as I thinke rather to follow aa23. q. 5. Non est,Saint Hieromes temper, who in 1 The place out of S. Hi… rome cited by Gratian.his exposicion upon Jonas, (which I wonder why Gratian cited being so farre from his end and advantage) sayes, [In persecution I may not kill my selfe, absque eo, ubi cassitas periclitatur] where I am so …arre from agreeing with bbGloss. in locum supra.Gratian, 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 [ccIdiotae Contemplatio de morte. qualem mors invenit hominem, ita homo inveni… mortem.]

p. 102SECT. III.

From this place of Saint Hierome, I beleeve, 1. Lavater confesses Aug. Hie… Cry… and Lactan… to be of this opinion.and some other, which perchance I have not rea…, and some other places in others, of like charitable d…scent to this opinion. aaLavater in 1 Sam. Ca…lti.Lavater having made his profit of all Peters Martyrs reasons 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.

Peter Martyr also presents one other reason, 1 Of P. Mar. reason Mors malum.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 aaStromat. l. 4.Clemens Alex. had so throughly defeated that opinion.2 Clement. hath long since destroyed 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 ….not that bbAqui. 1. q. 48. ar. 6. C…n.Malum quo mali suinus; neither doth it alwayes prove the patient to be evill, (though God for all that be alwaies iust,) for himselfe said of the man borne blinde ccJo. 9. 3.John 9:3[Neither he, nor his parents have sinned.]

p. 103And of that Malum poenae, which is esteemed the greatest in this life, of temporall affictions, 4 Possessed men are not alwaies so afflicted for sin.because of the neere danger of empairing our soule, which is to be possessed, ddThyraeus de Daemon. c. 31.Thyraeus, from Saint Hierome and Chrysostome sayes, that it is not alwayes inflicted for sinne, but to manifest the glory of God.

And therefore the greatest evill which can be imagined, of this kinde of evill, which is [eeAqui. 1. q. 48. ar. 6. Con. Damnation, hath not so much Rationem mali, as the least sinne that drawes Damnation.]

Death therefore is an act of Gods justice, and 5 Damnation hath not so much rationem mali as the least sin.when he is pleased to inflict it, he may chuse his Officer, and constitute my selfe as well as any other.

And if it were of the worst sort o… evill, …et 6 If death were of the sorts of evill, yet there may be good use of it.as ffAug. de. bono Conjug….Saint Augustine sayes that [in the Act of Marriage, there is Bonus usus mali, id est concupiscentiae, quo malo male utuntur adulteri.] And as good Paulinus prayses Severus, that ggPaulin. Severo esist. 1.[he having in Conjugio peccandi licentiam, departed not from his accustomed austerity,] so may the same be said of death in some cases, as in Martyrdome.

For though Martyr urge farther, that death 7 How Paul calls Death Gods enemy.is called hh1 Cor. 15. 20.1 Cor 15:20Gods enemy, and is therefore evil, yea iiMarlorat. in bunc locum.Musculus sayes upon that place, [It is often commended in Scriptures, because towards the faithfull God useth it to good ends, and makes it Cooperari ad salutem.] And by what authority can they so assuredly pronounce that it falls out p. 104never 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 kkCalvin in hunc locum.Calvin notes here, [she is already so destroyed, that she is not lethalis, but molesta.]8 Death since Christ is not so evill as before.

SECT. V.

One reason more Martyr offers of his owne, 1 Of Martyrs reason, Vita donum.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.

Lavater after many other urges this reason; 1 Of Lavaters reason of Judges.That because Judges are established, therefore no man should take Dominion over himselfe.2 Where confession is not in use, there is no exterior Judge of secret sinne.

But in the Church of England, where auricular confession is not under precept, nor much in practise, (for that we admit it not at all, or refuse it so, as the Waldenses did, though aaHumfred. Iesui. pa. 2. ad Ratio. 3. Cam.a reverend man say it, is more then I knew) who is judge of sin against which no civill law provides, or of which there is no evidence? May not I accuse and condemne my selfe to my selfe, and inflict what penance I will for punishing the past, and avoiding like occasion of sinne?

Upon this reason depends that perplex…d 3 Of the Popes jurisdiction over himselfe.case, whether the Pope may not give himselfe a…olution from Acts and Vowes, and partake his owne …, although by the best opinion it is agr…ed, that to do so is an act o… jurisdiction, which by Lavaters rule, no man may … upon himselfe.

bbC…d. l. 3. tit. 5. le. Generati.The Emperiall lawes forbid i… a generality 4 Of such jurisdiction in other persons by civll lawes.any to be judge in his own… cause, but all Expositors, except Soveraignes. And in ordinary Judges, all agree with ccBald. F le. 5. de. j…diciis.Baldus [That in facto notorio if the dignity of the Iudge be concerned, 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] ddFilesacus de Episc. autorit. Ca. 1. …. 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. eeDig. l. 1. ti…. 7. le. 3. si Cons.So [if a sonne which had not beene Sui juris had beene made …onsul, … he have emancipated himselfe, or authorized another to have adopted him.]

And besides th…, it appeares, that the Popes have exercised ju…sdiction upon themselves, 5 Ioh. 22. elected hi…selfe Pope.even before they were Popes, (for ffUol…. 2. Genera. 44.Ioha 22 having permission to chu…e o…e Pope, chose himselfe, which deed Naucler relates and just… fies) by Canonicall rules it is plaine, that he may exercise jurisdiction upon himselfe in an… case where there is not a distinction of persons p. 106enjoyned Iure Divine, as in Baptisme: which will not be stretched to our case.

And certainly the reason of the Law, why none should be judge in his owne cause, is, because 6. Jurisdiction over our selves …s denyed us, because we are presumed favourable to our selves; Not in cases hurtfull to our selves.every one is presumed favourable towards himselfe. And therefore if it be dispensable in some cases beneficiall to a man, much more may it be in cases of inflicting punishment, in which none is im…gined to be over rigorous to himselfe.

And if man were by nature as slavish, as the [ggHeurnius 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.

And what is more evident to prove, that in some cases derogatory and prejudiciall to us, 7. Even in cases hurtfull, we have such jurisdiction.we have this right over our selves, then that every man may cedere suo jure, And Non uti privilegio.

And hhTheod. a Nice. l. 3. c. 3. & 23.it was by all condemned in Gregorie, in the great Scisme, that after hee had promised to depart from the Papacie, by oath, in which was a clause, that he should neither aske, 8. Gregories oath in the great Scisme.give, nor accept absolution from that oath, hee induced his Mendicants to preach, that it were deadly sinne in him to de-relinquish the Church. So also have many Kings departed from, their Government, and despoiled them of their burden, at their pleasure. For, as iiSchlusselburgius. Catul. Here…ico, l. 13.one sayes, p. 107of the whole Church, it may bee said of every particular member; it was ever in Politicall bondage, but not in Spirituall.

So that, if there bee cases, wherein one may 9. When a man becomes to be sui juris.assuredly, or probaly, after just diligence used, conclude upon an illumination of the Spirit of God, or upon a ceasing of the reason of the Law at that time in him, that man is then Sui Iuris.

For though in cases where there is a proper 10. Warre is just betweene Soveraigne Kings, because they have no Judge.Court, I am bound to it; yet, as Kings which are both Soveraignes, may therefore justly decide a cause by Warre, because there can bee no competent Judge between them; So in secret cases betweene the Spirit of God, and my conscience, of which there is not certainly constituted any exterious Judge, we are our selves sufficient to doe all the Offices; and then delivered from all bondage, and restored to our naturall libertie, we are in the same condition as kkAccacius de privileg. juris. l. 1. cap. 7.Princes are, who if in the rigour of words 11. Princes give not themselves priviledges, but declare that in that case they will exercise their inherent priviledge.they may not properly bee said to give themselves Priviledges, have yet one generall inherent Privilege, and when they will, they may declare, that in that particular case, they will not take a new, but exercise their old Priviledge.

SECT. VII.Josephus Reason of Deposi tum.

And because aaDe bell. Iud. l. 3. ca. 13.Iosephus hath one reason p. 108which tasts of Divinitie, we will consider it in this place. He sayes, our Soule is, particula Dei, and deposed and committed in trust to us, and we may not neglect on disharbour it, before he withdraw it. But we are still upon a safe ground, That whensoever I may justly depart with this life, it is by a S…mmons from God; and it cannot then bee imputed to any corruption of my will: for, bbRegula juris 4.Velle non creaitur, qui obsequitur Imperio. Yet I expect not ever a particular: inspiration, 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 higher vertues.

And so, when it is so called for againe, ccArist. Probl. Sect. 29. q. 2.it were a greater injustice in us to deny or withhold any thing, of which wee were Depositaries, 2. In these cases a depositarie cannot bee accused De culpa, if he be sine Dolo.then if we were Debtors; yea, (not to depart) from Josephus. Allusion or Metaphor of Depositum. If it were a fault to let goe that of which I were Depositary, before it were truely called 3. A secret received, Data fide, is in Natura depositi.for, yet in Consc…entia errante, I were excusable; for it ddTholos. Syntag. l 23. ca. 3. Nu. 17.is [Ex substantia depositi, ut deposit arius tantum de dolo teneatur non de culpa.] Yea, when eeSoto de Teg. Secr. membr. 1. q. 1.I have a secret from another, Data fide, I have this in all respects, in Natura Depositi; and yet no man doubts, but that I may in many cases, depart with this secret.

p. 109SECT. VIII.

There are many Metaphoricall and Similitudinarie 1. Of similitudinary Reasons in Authors not Divine.Reasons, scattered amongst Authors, as in Cicero and Macrobius, made rather for illustration, then for argument or answer; which I will not stand to gleane amongst them, since they are almost all bound up in one sheafe, in aaDe Bello Iuda. l. 3. ca. 14.that Oration of Josephus. Or else will be fitly handled in those places of Scripture, which make some such allusions.

SECT. IX.

Josephus then in that Oration hath one Reason 1. Of his reason of Hoslis.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, wherein the aalib. 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 unexpedient for us, in many ca…es, to be so much our p. 110owne Enemies, as to deny our selves many things agreeable to our sensitive nature, and to inflict upon our selves many things repugnant to it, as was abundantly shewed in the first part.

SECT. X.

In the same Oration he hath another allusorie 1. Of his reason of Servus.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 indulgent a Master, as God is to us.] But not to give strength or delight to this reason, by affording it a long or diligent answer; wee say, In our case the Servant runnes not from his Master, but to him, and at his call obeys his voyce. Yet it is as truely, as devoutly sayd. [The devill is overcome by resisting, but the world, and the Bosquier. Conc. 7.flesh by running away.] And the farther, the better.

SECT. XI.

His last, which is of any taste, is [That in a tempest, it were the part of an idle and treacherous Of his reason of a Pilot.Pylot, to sinke the Ship.] But I say, if in a Tempest 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, p. 111and 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 Authors, whether Divine or Prophane, and as well Oblique and Metaphoricall, as Direct, shall here be determined.

Distinction V.

SECT. I.

ANother sort of Reasons is produced from 1. Of Aquin. two reasons, from Justice and Charity.grounds of Morall Vertues. Of which aa22. q. 64. ar. 5.S. Thomas proposeth two, which we limit for this Distinction; for that of Saint Augustine, That it is against Fortitude, hath another roome.) First then Aquinas saies, it is against justice, and against Charity.

And the first in two respects, both because he steales from the Universe, or from that State, Of stealing away himselfe from the State.to which his service is due, one person, and member 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 themselves p. 112from functions in the Common-wealth, defraud the State of their assistance, and attend onelyonly their owne ends, whether in this life, or the next.

For certainely to doe even that, so intensly, 3. Monastique retiring is, in genere rei, the same offence.as we neglect ou… office of Society is in genere rei, the same offence, as this.

But as there are many which follow Aquinas herein; So Navar, and Sayr, and others are 4. The better opinion, that herein is no sinne against Justice.up…n better reason of opinion, that this can be no sinne against Justice.

And for the second reason, This is not to usurpe 5. I usurpe not upon his servant, but am his servant herein.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 gloryfied. And though the passage from this life to the next, bee not generally left to our freewill, and no body be properly Lord of his own life, yet bbSayr. 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]

Betweene which negative killing, and positive 6. Though we have not Dominium, wee have Vsum of this life, and we leave that when we will.killing, how little and narrow a distance t…ere is, and how contiguous they are, we shall see in another place.

If therefore the reason why we may not dye thus, be, because we are not Lords of our own 7. The State is not Lord of our life, yet takes it away.life, but only God, then the State cannot take away our life; for ccSayr. l. 9. c. 7. Nu. 2.[That is no more Lord of our life, then we are,] …hat is, she cannot doe p. 113it, 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 lawfull.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 h…i. ethe State might lawfully recompence the dammage, upon the heire and goods of the Delinquent; 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 necess…y 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 retire 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 killing be not against Justice, it is no breach of any part of the Decalogue, and so no sinne.

If any should thinke, that it may be an injustice to our selves, dd22. q. 59. ar. 4. ad 3….Aquinas in the same place cleares it. And if it were possible, for a 11. No man can doe injurie to himselfe.man to injure himselfe, which is not, yet this injury might be oftentimes such an one, as Cicero sayes, his banishment was, [Non modo non propul p. 114sands, sed emenda,] considering how much happinesse might recompence it.

And whether it be against Charity or no, because 12. The question, whether it be against Charity, … ted to the third part.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 onelyonly say, That though it be yet under D…putation and questionable, whether this be against Charity, or no; this is certainly against Charity to pronounce so desperatly, as men use to doe, against them who fall into it.

SECT. II.

Of such reasons derived from the rules of Morall vertue, Aristotle insinuates two. For observing Of Aristotles two reasons. Of Misery, & Pusilanimity.that this kinde of death caught men by two bai…s, Ease and Honour, Against them who would dy to avoide Miserie, aaArist. Eth. l. 3. c. 6.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 purpose, the most slipperie and insinuating perswasion.

And then, that Honour and Fame might draw none, bbCap. 7.he sayes, It is Cowardlinesse, and Dejection, and an argument of an unsufferable and impatient minde. But of the first of these we have spoken before, in answer to one of P. Martyrs p. 115reasons. And of the other we shall have occasion to say in ugh, when wee come to a place Infra fol. 249.where Saint Augustine sayes the same thing, and so we may ease this Distinction of that businesse.

Distinct. VI.

SECT. I.

HAving 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 understanding of them, and of all others which spring from the same, or like heads, before wee determine this Second Part, which is of the law of Reason; it shall bee requisit that wee also touch those Reasons, which on our part are by others, and may bee by us produced, by which this Selfe-homicide may be delivered either a toto, or a tanto

But not to stop long upon that Law and practise 2. Of the Law of Rome, of asking the S… nate leave to kill himselfe.in the State of Rome, That any who had his causes allowed in the Senate, might kill himselfe; upon which aaDecl…m. 4.Quintilian frames a Case, That a Sonne who by Math maticians Predictions, was first to kill many Enemies, and then his 3. Of the case in Quintilian.Father; having in the warres performed the first p. 116part, makes petition to the Senate, that before he come to performe the last part, he may be admitted 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, if we compare Desertion and Destruction, and 1. Comparison of Desertion and Destruction.consider where and wherein they differ. Certainly, 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 degrees of Mercy, because hee might then justly destroy us, and may after at his good pleasure returne againe to us.

But betweene men who are mutuall Debtors, and naturally bound to one another, it is otherwise. 2. Of Omissions equall to Committings.For a Magistrate, or Minister that abandons his charge, and neglects it, destroies it. So sayes aaIn admonitorio.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. bbDist. 86. pasce….[Fame morientem si non paveris, occidisti,] saith Ambrose. And ccTabula Paris. censuraru….[That Clergie, man which hinders not a manslaughter, if hee can, is thereby irregular.] And he which to himselfe denies necessarie things, or exposes himselfe p. 117inordinatly 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 Poyson 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 Omissions, and Committings, require no more to make them equall, but that we omit something which we could, and should doe.

SECT. III.

First, therefore in all Lawes, in such faults as 1. In great sinnes, the first step imprints a guiltinesse, yet many steps to Self-homicide are lawfull.are greatest, either in their owne nature, or in an irremediablenesse when they are done; all approaches, yea the very first step to them, hath the same guiltinesse, and is under the same punishment, as the fault it selfe. As in Treason and Heresie, the first consent is the absolute fault.

And aaStanf. Plees de Cor…n. cap. Petie treason.we have an example of a Woman b…rnt for petie T…eason, for compassing the death of her husband, though it were not effected.

Homicide is one of those crying sins, and hath ever beene reckoned in Atrocibus. For though the bbElian. l. 8. cap. 10.Athenians removed all Dracoes Lawes by disuse, 2. Dra…s laws against Homicide were retained.for their extreame severity, yet they retained those against Homicide.

And this Homicide, ccPrecepto 5. 3. Tolets five Homicides.saies Tolet, may bee done five wayes, by 1. Commandement, by p. 1182. Advise, by 3. Permission, by 4. H…lpe, or by the fact it selfe.

And in the fi…st and worst Homicide committed 4. Foure of th…se were to be found in Adams first Homicide in Paradise.in Paradise, in which were employed all the persons in the world, which were able to … to evill, when though there was but one man, all the Millions which have been and shall be, were massacred at once and himselfe too, as many of these kindes of Homici…es were found, as was possible in so few persons. For as ccReuchlin. de verbo Mirisico. lib. 2. cap. 14.one notes, [The Serpent counsailed, the Woman helped, and Adam perpetrated,] and wee …ay safely and reverently say) God permitted If then every one of these be a kind of Homicide, 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 allowable.

SECT. IIII.

First therefore, though it be the common received 1. Of Tolets first & second way by Precept, and Advi…e, or option.opinion, aaBartol. le. Non solum. F. de injuriis,. Si mandato.[Mandatorem, & Man…atarium eidem poenae subjici,] Yet by the way of Prec…pt, we cannot properly work upon our selv…s, because in this act, the same partie must be agent, and patient, and instrument.

Nor very properly by the second way of advise; yet so neere, we may come to the nature of it, that after discourse we may advise…ly chuse one p. 119part, an… refuse the other, (for bbReg. Jur. 3.Cujus est velle, ejus est & nolle) and so we may w…sh to our 2. We may wish Malum poenae to our selves, as the Eremite did to be possessed.selves, that which is naturally evill, I meane, Malum poenae; as the ccSulpit. in vita Martini. Dialo. 1.Eremite by earnest prayer obtained of God, that he might be possessed of the Devill for certaine moneths, because he found in himselfe an inclination to pride and securitie.

Thus certainely in some cases, we may without 3. Wee may wish death for wearinesse of this life.sinne wish Death; and that not onelyonly for enjoying the sight of God, (for so ddMartialis ad Tholosanos.sayes a holy man, Pro visione Dei, millies corpus nostrum morti dare optamus) but even to be so delivered from the encumbrances of this life; for so it hath [rationem boni] eeComent. in Sam. l. 1. c. vlt.as Peter Martyr argues; and then, [ffHeptap. Pici. l. 7. Proem. Nove meliorem est Corruptio p…imae habitudinis.]

This therefore we may wish; and yet it is 4. It is sin to wish that evill were not so, that then wee might wish it.so farre from being lawfull to wish any thing which were evill; that [ggAdrian. quodlib. 10. ar. 2. It is sinne to wish, that any thing which is naturally evill, were not so, that so wee might then wish it, when it were discharged of that naturall illnesse.]

Death it selfe therefore is not evill, nor is it 5. What wee may lawfully with, we may lawfully further.evill to wish it, is it evill to further that with more actuall helpe, which we may lawfully wish to be done?

These two extreme Religions, which seem to avile 6. Of wishing the Princes death.secular Magistr…cie, and subject Monarchs either to an O…dinarie, or else to a Consistorie, accept willingly this saying, Curse not the King, no not p. 120in 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 actuall helpe. For both Papists and Puritanes teaching that a lawfull King may become a tyrant, (which to my understanding cannot consist with the forme and right of an inheritable Monarchie.) Yet hhSaxavia de Imp. Author. Epistola.one who pretends to go the middle way (and that is truely in this case, Via Regia, sayes, [That as well wee, as the Romanists esteeme a King 7. In some opinions, false Religiō makes a Tirant.of another Religion a Tyrant.] And [That it is impossible to make such a King, but he must be a Tyrant, in the opinion of one side.]

And for his own opinion delivers [iiLib. 2. ca. 36. That no man can be bound by oath of fidelity to the Pope, upon 8. Why an oth of fidelity to the Pope binds no man.this reason, because he is not indeed Vicarius Dei, as he presumed him, and swore him to be.]

And conformably to this, kkDeclaration & Protestation 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 Christendome) when after it hath enraged Subjects 9. Who is a Tyrant in these mens opinions.against Tyrants, it comes to declare what a Tyrant is, exemplifies in the King of Spaine, and upon such reasons, as any Malignitie equall to that Author, may cast upon what Prince it will.

And lastly, who ever shall well compare (l) Beccariaes booke, with Bezaes, if that other Beccar. cont. lib. De. jure Magistrat.be Bezaes) though they differ Diametrally in many p. 121things, yet by their collision and beating together, arise abundantly sparkes of this pestilent Doctrine, That as Tranquillity was, so now Religion is, the reason why wee admit Kings, and why they are none, when they neglect Religion; upon these Doctrines, I say, it is inferred, mmCarbo. 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 nnSylvest. verb. Martyr.[a sinne to offer my selfe even to Martyrdome, only for wearinesse of life.] ooNavar. Manual. Ca. 15. Nu. 11.[Or to wish death simply for Impaciencie, Anger, Shame, Povertie, or Misfortune;] yea to wish heaven meerely for mine owne happinesse; yet certainely ppPhil. 1. 23.Phil 1:23S. Paul had some allowable reasons, to desire to be dissolved, and to be with Christ. And 10 How death may be wished by Calvine.qqIn 2 Cor. 5. 1 Marlorate.2 Cor 5:1Calvine by telling us upon what reason, and to what end he wished this, instructs us how we may wish the same. He sayes, Paul desired not death, for deaths sake, for that were against the sense of Nature, but he wished it, to be with Christ.

Now, (besides that, by his leave,) we desire many things which are against the sense of Nature, to grant that we may wish death to be in Supra.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 onelyonly the interest and good of the party seeme p. 122to be considered; And yet (a) Emanuel Sâ extends 9 Eman. Sâ Aphor. Confes. ver. Charitas.it farther. [That wee may wish sicknesse to one, for his correction; and death for the good of the State; yea to our Enemie which is like to doe us much 11 How we may with death to another for our owne advantage.harme for avoiding this our particular damage; and we may rejoyce at his death, even for that respect of our owne d…livery] All which will hold as well, if we be urged with like reasons, to wish it to our selves.

To conclude therefore this point, That it may become lawfull to wish our owne death; 12 Ph. Nerius consented to the death of one who wished his own death.I will onelyonly 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. ssVita Phil. Ner. fol. 284.In the life of Philip Nerius, who in our age instituted the last Religion approved and established in the Church of Rome, we read, that he being entreated (as he was ordinarily in like desperate 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 begunne, before the message came to him, the young man dyed. When hee had been dead about halfe an houre, Nerius came, and after he had used some lowd exclamations, the youth revived againe, looked up, and talked in secret with Nerius a quarter of an houre. The discourse …nded, Nerius gave him his choise, whether he would live, or dye; and when the boy wished p. 123death, 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, stranger things then the ttLiber Conformi. Fran. & Christi.book of Conformities imagined in Saint Francis (for I beleeve that Authuor purposed onelyonly like Xenophon or Plato, or Sir Thomas Moore, to ideate and forme, then to write a credible History, though uuSedulius Minor. advers. Alcor. Francis.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.

The next species of Homicide in Tolets division, 1 Of Tolets 3. species. by permission which is Mors Negativa.is Permission; which when it is toward our selves, is by the Schoole-men usually called Desertion, or Dereliction, and Mors negativa.

Of which I perceive not any kinde to be more obnoxious, or indefensible then that which is 2 Of standing mute at the Barre.so common with our Delinquents, to stand mute at the Barre. And though Civill Lawes which are often enfo…ced to chuse of two evills, the least, that is to say, the least hurtfull to civility and society, and must admit sometimes particular mischiefe, rather then a… generall inconvenience, p. 124may 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 forced to ch…se any thing naturally evill, no man hath as yet, to my knowledge, impugned this custome of ours, it seemes to me, that aswell our Church as our State, justifies this Desertion of our selves: and this, for so low and worldly a respect, as the saving of our temporall estate, or escaping the ignominy of another death.

But that we may the better discerne the limits, 3 Three rules from Sotus, Navar, and Mald. to guide us in these Desertions of our selves.how farre these Omissions, and Desertions, and Exposings of our selves, are allowed us; first I must interpret one aaSoto. de teg. saeret. membr. 1. q. 3.rule, [That charity begins with it selfe, to bee understood onelyonly in spirituall things.] For I may not doe a sinne, to save (in the language of Schoole-men) the goods, or honour, or li…e, of the Pope; but for temporall things I must prefer others before my selfe, if a publique profit recompence my private Domage. bbNava. Manual.I must also lay down another rule, [That as for my selfe, So for my neighbour whom I am bound to love as my selfe,]. I may expose goods, to safegard honour, and honour, for life, and life for … profit. And to these I must joyn a third rule, ccSum. Maldo. q. 14. ar. 6.[That no man is at any time enforced to exercise his priviledge.] [For the written Law every man is bound to kn…w, but ddAcacius de privilegiis l. 1. cap. 9.pr…viledges and exemptions from that Law, he may be exc…sably ignorant of and in such ignorance transgresse them.] Hereupon i… is sa…ely infer'd, that though every man have naturally p. 125this priviledge, to resist force with force, and be authorised by that, to lay violent hands, even upon the Popes life, as eeGerson.Gerson exemplifies, or upon the Emperours, as ffAcacius de privile. l. 1. c. 8.Acacius, when either of them exceeds the limits of their Magistracy, (for then the party becomes the Depu…y, and Lieutenant to Nature, which is a common and equall Soveraigne to them all.)

Yet I may wayve this benefit, if I will, and 4 I may suffer a thiefe to kill me.even by a theefe, I may suffer my selfe to be killed, rather then kill him in that mortall sinne. ggSayr Thesau. Cas. Cons. l. 7. cap. 9. nu. 17.Which our Countryman Sayr, holds as the common opinion from S…tus, Navar, Cajetan, and many others. And none, that I have seen excepts to it, in any other person then a Souldier, or such as hath the lives and dignities of others so enwrapped in theirs, as they cannot give away themselves, but by betrayin… others. And this Desertion seems to bee of Naturall reason, because it is to be found in all lawes; for even in the hhAlcor. Azoar. 52.Alcorum we read [Vindicans non est reus, Patiens tamen optime facit.]

And our law, which if a man kill another in 5 Of se desendendo in our law.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 lawfull to defend my life by killing another; which is farther, then any of the others went. And when I c…mpare our two lawes, That if I defend my se…fe I am punished, and the other before p. 126mentioned, That if I kill my selfe I am punished in the same manner, and measure; they seeme to me, to be somewhat perplexed and captious.

And as I may depart from my naturall priviledge 6 I am not bound to escape from prison if I can, nor to eate rather then starve.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, iiEman. Sa. Aphor. Conses. 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 kkAquin. 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 llSayr 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.

And therefore they say; that Aquinas his opinion, That a man is bound to use his priviledge 7 For ends better then this life, we may neglect this.for safegard of his life, is onelyonly 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 forsake our selves.

And we may step farther yet in this Desertion; 8 I may give my life for another.for we may offer our selves for the good of our neighbour. For the temporall life cannot p. 127be more precious then our soule; which, in rigour is murdered by every sinne consented unto. Yet mmChris. Hom. 32. in Genes.Chrisostome sayes, [No praise is enough to give Sara for consenting to ly, and to submit herselfe to Adultery for salvation of her husbands life.] I know nnAug. l. 22. adver. faustum. cap. 33.Saint Augustine is earnest against this.

But his earnestnesse is upon the matter of fact, 9 Chrisostomes opinion of Sarahs ly, and Adultery. And St. Aug. of that wife who prostituted her selfe to pay her husbands debt.for he denyes that either Abraham or Sara consented to any sinne; But when he ooCa. 27. & primo: Deserm. Dom. in monte.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 Acindinus 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. ppBonavent. 3. Dist. 29. q. 3.Bonaventure denies, that for the temporall good of another, I may offer willinlgy my life. But he grounds it upon the same reason that qqAug. de mendacio. c. 6.Augustine 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… Fra. Victoria, Sotus, Bannes, and infinite are p. 128against him: and answer Saint Augustine thus, That in that case, a man doth not prefer his friend before himselfe, but he prefers an Act of vertue, and of friendship, as things of more spirituall Nature, before his own temporall life.

But that for the spirituall good of another, 11 For spirituall good is without question.a man should expose his own life, is an unresisted doctrine, and as rrSayr Thesau. Cas. Cons. l. 7. c. 9. nu. 17.Sayr saies, [It is sub praecepto,] So ssEman Sa. Aphor. Converbo Charit.a Curate is bound to baptize, and to anoint in the plague time. Yea, it is an act of Vertue, though not of necessity, (as in the Curates case) ttIdem verbo Ho.[To visit a sick man, in such 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. uuAquin. 22. q. 32. ar. 6.As in a persecution, a private man, having food left sufficient only to sustaine one man, may give it to a publike person, and so perish. And only Sotus denyes, that in a shipwrack, if after wee Sotus.have both beene in equall danger, I catch and possesse my selfe of any thing to sustaine me, I 13 I may over-fast my selfe.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 voluntary fasting, of which Saint Hierome, (as it is p. 129xxDe Consecr. Dist. 5. Non Mediocriterrelated into the Canons) sayes, [That by such an immoderate innocence, and indiscreete singing of Psalmes, and Offices, a man looseth his dignity, and incurres the note of madnesse,] And upon this place yyNavar ex Dist. 5. de cons. This in Saint Hieroms opinion is Selfhomicide.Navar sayes, That Saint Hierome pronounceth, 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 zzSoto de tegsecret mem. 1. q. 3. ex Hieronhee adds in another place, speaking of the same purpose, [It makes no difference whether thou be long in killing thy selfe, or doe it at once]

And aaCas. Collatione 2. c. 6.so Cassianus sayes expresly, [That 15 Of the Friar whom Cassianus calls a Selfe-Homicide for refusing bread from a theefe, upon a vow. Of Christs fast.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 Indiscretion. And therefore saith bbBosquier Cove. 17.one, [Our Saviour Christ exceeded not 40. dayes in his fast, Ne sui Homicida videretur.] And he interprets that c Idem Cove. 18.16 Of Philosophers inordinate fasts.word, ddPorphir. de Abstiu. Anti.Esuriit, [That then he perceived his body to languish and suffer detriment by fasting] For, if he had not hungred till then, his fasting had had no vertue. So that he gave over, when he found the state of his body impaired by fasting, yet pursuing and imitating the superstition of the Philosophers, who taught that eeIdem de occasionibus.[Dum corpus augemus, mortaliores efficimar,] And that (e) [Per tenuitatem p. 130assimilamur Deo,] How much the writers in the Romane Church suffer, and obliquely adhort these inordinate Fasts, and other disciplines, appears by that which I cited out of Clarus Bonarscius Supra.before, and wheresoever they have occasion to speake thereof.

And in no one thing more, then that they 17 Of the devills threatning S. Francis for fasting.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 maceration, could be saved,] which ffCap. de Austeritate.Bonaventure relates in his life.

Whatsoever hath beene done by others, they 8 Examples of long fasts.teach, we ought to exceede. And since ggMiddendor. de Academiis fol. 298.[The Monkes in Prester John his Dominions, fast strictly fifty dayes, and stand all that time to the chinne in water.] Since they finde in hhLilius Gyr. Dialog. 17.Abbas Vrsperg, a maid that fasted two year and a halfe after she had received the body of our blessed Saviour.

And an Eremit 22. yeares, without receiving 19 Reasons, effects, and obligations, to rigorous fasts.any thing, they say no fast can be too severe, which is undertaken to reduce our body to a tamenesse. Yea, iiSayr Tbesaur. Cas. Cons. l. 3. cap. 7. 11. 13.[though that be already perfectly effected, yet a man is bound to the fasts injoyned.] For kkAzor. Mor. Inst. pa. 1. l. 7. cap. 3….[Fasting, without charity, doth wash away sinne.] By this rigor of fasting, they seeme sure, that our Saviour watched all those 40 dayes: because llBosqui. Coue. 17.[Qui dormit, prandet.] And as it is not likely that Moses slept in his 40 dayes conversation with God, so is it unlikely that Christ did lesse then he. And so Saint Francis is extoll'd p. 131by them, for observing three Lents every year, which mmHier. 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 enormous witherings of our bodies are allowable. Upon which reason nnMat. 3. 4.Matt 3:4John Baptists austerity is so much dignified; And ooGreg. Naz. Oratio, de Cura pauperum.Saint Peters feeding upon Lupins; And ppClem. Alex. l. 2. Paedag. c 1.Saint Matthewes living without flesh. And not onelyonly the Emperour Iustinians choise, qqProcop. Gaz. l. 1. de aedificiis Iustiniani.[Who in an extreme sickenesse in Lent, would take nothing but hearbs, and salt, and water,] but also the rrSayr. Thesau. Cas. Cons. l. 7. c. 9. N. 30.Carthusian Rule, by which though it appeare that flesh would save the Patients life, hee may not eate it. And by the ssClem. Apostol. Constit. l. 4. cap. 7.Apostolicall constitutions, (which Turrianus 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, ttIbid. cap. 9.[If any thing be in a case of extreame necessity accepted from such a person, it may bee bestowed in full, that so their Almes may be burnt, and consumed to ashes, but not in meate to nourish our selves withall.]

So, to determine this Section of Desertion, since 20 Corollary of this Section of Desertion.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 temporall p. 132good, since I must doe it for his Spirituall, since I may give another my board in a Shipwracke, and so drowne, since I may hasten my arrivall to heaven, by consuming penances, it is a wayward and unnoble stubbornesse in argument, to say still, I must not kill my selfe, but I may let my selfe dye; since of Affirmations and Denyals, of Omissions and Committings, of Enjoy…ing and Proh…bitory Commands, ever the one implies and enwraps the other. And if the matter shall bee resolved and governed only by an outward act, and ever by that; if I forbeare to swimme in a river and so perish, because 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 uuMariana de Rege, l. x. 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.

But before we come to that, we must, though 1. Of another degree of Homicide, by Mutilation, which is not in Tolets Division.it be not, nor naturally could be delivered in Tolets Division; consider another species of Homicide, which is Mutilation or Mayming.

For, though in Civill Courts, it be not subject to like penaltie, yet if it bee accompanied with the same Malignitie, it is in conscience p. 133the same sinne, especially towards our selves; because it violates the same reason, which is, that none may usurpe upon the bodie over which he hath no Dominion.

Upon which reason, it is also unlawfull for us to 2 Of delivering ones selfe into bondage.deliver our selves into bondage; (which I mention here, because it ariseth from the same ground, and I am loath to afford it a particular Section. Yet aaBaron. Martirol, Junii 2.holy Paulinus, a Confessor, and Bishop of Nola, then whom I find no man celebrated with more fame of sanctitie and integrity, to redeeme a Widowes Sonne, delivered 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, bbTabula 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.

And ccBinius To. 2. pa. 2. fo. 1280.in a Councell at London, Anno 1075 3 By divers Canons it is all one fault.one Canon forbids a Clergy man, to bee present at judgement of death, or of Mutilation. And amongst the ddCan. Apost. Can. 21.Apostles Canons this is one, [He that gelds himselfe cannot be a Clerke, because he is an Homicide of himselfe, and an enemy to Gods creature. [eeStanf. Plees del Coron. And to geld, is to maime in our Law.]

So in the next Canon it is said, [ffCanon. 23. A Clerk which gelds himselfe must be deposed, Quia homicida p. 134sui.] ggCanon. 23.And a Lay-man must for that fault be excommunicated three yeares, quia vitae suae posuit insidias.] It was therefore esteemed equivalent to killing.

And hhCalv. in Mat. 19. 4. Marlorate.Matt 19:4Calvine, esteemed it so hainous, that he builds his Argument against Divorce upon this ground, [God made them one Body, and it is in 4 Of Calvins argument against divorce, upon the ground of Mutilation.no case lawfull, for a man to teare his owne body.] But if this be so lawfull as Divorces are lawfull, certainly this peremptorie sentence against it, must admit some modification.

Without doubt, besides the examples of holy men who have done it, to disable themselves 5 The example of Saint Mark to escape Priesthood.from taking the burden of Priesthood, of which iiHicr. Prolog. in Marcum.Saint Marke the Evangelist was one, who to that end cut off his thombe. And besides, that as our Saviour said, kkMat. 19. 12.Matt 19:12[Many should geld themselves for the Kingdome of heaven.] So llOrat. vero Anto. & commodo Philosophis.Athenagoras, 50 yeares after Christ, saies, [that many did practise it.] It is doubted by none, [But mmSayr Thes. Cas. Cons. l. 7. cap. 9.that a man unjustly detained to a certaine execution, may cut off that limbe by which he is tyed, if he have no other way to escape: or being encompassed 6 In what cases it is cleare that a man may mayme himselfe.with doggs, he may cut off a hand, and cast it to them, to entertaine them while he escape.

SECT. VII.

The last species of Homicide, on this side; the 1 Of Tolets fourth way, by actual helpinglast act, is an actuall helping and concurrence to it. And every step and degree conducing purposely p. 135to that end, is as justly by Judges of Consciences, called Homicide, as aaArdoinus de venenis l. 8. c. 20 Ardonius reekóns a Flea amongst poysons because it would kill.Ardoinus recknoning up all poysons, which have a naturall malignity and affection to destroy mans body, 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 preservatives and restoratives against it.

And bb2 Sam. 1. 16.2 Sam 1:16so to that Amalekite, which told David he helped Saul to dy, when hee found him 2 David condemned the Amalekite, who said, he helped Saul to dye.too weake to pierce himselfe, David pronounced judgement of death, for (saith hee) thine owne mouth hath confessed, That thou hast kill'd the Lords Anointed.

Certainely, ccMariana de Rege. l. 1. c. 7.Mariana the Jesuite, whom I named before) esteemes this actuall concurrence to ones death, as heavy as the act it selfe; 3 Marianaes opinion, that a King drinking poyson, prepared and ministred by another, he being ignorant, is a Selfe-homicide.yea, as it seemes, though the party bee ignorant thereof. For, after hee concluded how an Hereticall King may be poisoned, he is diligent in this prescription, [That the King bee not constrained to take the poyson himselfe, but that some other 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 willingly 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.

p. 136Since therefore this hastning of our death by such an act, is the same, as the intire Selfe-homicide, let us consider how far…e irreproved Custome, and example, and Law doth either allow or command it.

For that it is allowable, it seemes to me some proofe, [ddSotus de teg. Secret. Memb. 1. q. … That before any man accuses him, a Malefactor may go and declare his fault to the Iudge.]

Though amongst Italian relations, eeSansovin. de Gover.that in 4 A Malefactor unaccused, may accuse himselfe.Sansovine concerning England have many marks and impressions of malice, yet of that custome, which hee falsely sayes to bee observed here, [That men condemned to be hanged are ever accompanied 5 Of Sansovinus relation of our customes at Executions, 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 women which are desperate of sicke persons recovery, use to take the pillow from under them, and so give them leave to dye sooner. Have they any more the Dominion over these bodies, 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 conscience 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?

p. 137For to my understanding such an act, either 6 Of breaking leggs of men at executions: And of breakinge the halter.in Executioner or by-stander, is no way justifiable; 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. ffIohn 19.John 19The 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 violence might be used, where the breaking of the halter delivered the Prisoner from death; as in some places it doth; and ggLucas depenna l. 1. c. de descr. 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 passage 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 forbidden to hasten his death; for they are no otherwayes 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 hhNum: 5.that law of Purgation assigned by God, to ease a man on whom the spirit of 7 Of the purgations assigned by Moses …n cases of jealousie.Jealousie was come, the Woman was to take the water of curses and bitternesse, which should make her infamous, and her belly swell, and p. 138her thighs to rot. And those formes of Purgation, which were called Vulgares, lasted long, Of formes of purgation called Vulgares.even in the Church; For there is nothing extant against them, till ii2. q. 5. consuluisti.Stephen the fift, Anno 885.

And not onelyonly kkTholos. Syn. l: 48: c: 15. n: 7.Charles the great, in whom the Church acknowledged Piety enough, induced one forme severer then the rest, which was to walke upon 9 burning Harrows. But llGreg. Turo. Hist. Fraucor. l: 2: c: …:Britius a Bishop, being but callumniated by the people extrajudicially, to have got his Laundresse 9 Charlemaine brought in a new purgation. And Britius a B. another being acquitted beforewith child, after his innocence had prevailed 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 extort a forme of Purgation, to carry burning coales upon his head. With us, mmLamb. de legibus priscis Anglorum.both the species of Ordalium lasted evidently till King Johns time.

And though into that of boyling water men were forced to goe, yet that was but for the 10 With us bothkindes of Ordalium, by water, and fire lasted till K. Iohns time.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 necessitie doe some thing actually himselfe, and 11 In al these, and in battaile the party himself assisted to his payne.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 eueryevery where professes p. 139a love to that obedience, which himselfe 12 Three examples of actuall helpers to their owne destruction in S. Doroth.calles indiscreet, you shall reade many prayses given to men, who did not onelyonly forsake themselves, but actually further their destruction; though not effectually; which makes no difference, if it be in dangers, which usually men escape not. nnB: Doroth. doctrinâ 1. de Renunciatione.He prayseth one Fryar, who being by his Abbat commanded to returne that night, the waters being risen, committed himselfe 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; ooIdem Doct: 7. de accus. sili ipsius.That a holy old man seeing his servant mistake poyson for honey, and put it into his broth, eate it neverthelesse without chiding; and when the servant perceived it, and exclaimed, Sir, I have kill'd you, answere, it is all one, for if God would have had mee eate honey, he would have directed thy hand to honey.

Of the holynesse of Joseph of Arimathaea, we have testimony enough; ppSupplement: Chron. an. Chr. 3.who being sent by the Apostles to preach the Gospel, amongst other persecutions, was constrained to drinke 13. Of …oseph of Arimathaea his drinkinge poyson.poyson: in which there must of necessitie bee such an act, as we dispute of now.

How much did qqNavar man. ca: 1. n. 28.Baint Andrew contribute p. 140to his owne Crucifying? How much Saint Laurence 14. Of Saint Andrew and Saint Lawr.to his broyling, when he called to the Tyrant, This side is enough, turne the other, and then eate?] [rrControv. 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 Councells, nor that very act accused by any Author.

But to stay no longer upon Examples, amongst Casuists I observe the greater number to deny, 15. Casuists not clear whether a condemned man may doe the last act to his death.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, ssRelect. de Homicid: n: 30: in refp. ad 8.Fra: a Victoria defends, to be lawfull. So that amongst them it is not clear, but that a man may do it. Yea, in very many cases, it is not onelyonly lawfull to doe as much, without any condemnation, but it is 16. But unto Curates and Priests sometimes it is sub praecepto, even without condemnation.necessary, and by their rules, sinnefull to omit it. For Curates must goe to infected houses, to minister the Sacraments. And ttSayr Sum: Sacram. poenit: cap 32.if a Priest enter a wood, where three waite to kill him, and one of them repenting that purpose meet him; and by way of Confession sub Sigillo, discover the fault, the Priest is bound to goe forward to a certaine death into a wood, rather then by returning to let the others know, that he knew it by confession. So peremptory is their Doctrine, how ever their practise be, against revealing p. 141Confessions. And though perchance this seeme a wanton case, framed upon impossible concurrences, as uuDe teg. Sec. memb. 3. q. 4.Soto esteemes of it, yet the reason may have use; That though selfe-preservation be Divine Naturall Law, and the seale of Confession but Divine Positive Law, yet because circumstances are not alike, in this, a publique 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 destruction: 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 considered the Law of Nature, and must againe 1. Of Tolets last Species of Homicide which is the act it selfe.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 grounded, either upon the conscience of the Doer, 2. How farre an erring conscience may justifie.or upon the Churches opinion of the fact when it is done, wee will onelyonly 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 p. 142into the Martyrologe, and assigning them their Feasts, and Offices, and Vigils, and like religious Celebrations. Therefore to make no use of aaDiog. Laert. lib. 8.Pythagorus example, who rather then hee would offend his Philosophicall conscience, and either tread upon the Beanes himselfe, or suffer 3 Pythagoras conscience.his Scholers to speake before their time, delivered 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, bbAzor. Inst. Mor p. 1. l. 2. cap. 8.that not onelyonly a conscience which errs justly probably and Bona side, that is, after all Morall industry and diligence hath beene used, (yet I meane not exquisite diligence, but such as is proportionall to the person, and his quality, and to the knowledge 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 contracted. But also, if it erre negligently, or otherwise 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 p. 143obligation 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 cannot be infringed nor altered, beneficio divinae indulgentiae, to use their owne words. Which Doctrin, 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 Azorius. If then a man after convenient and requisite diligence, despoiled of all humane affections, and self-interest, and [Sancto bonaee impatientiae igne Epist. 3. Sever. lib. 1.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 perchance Sampson was, who can by these rules condemne this to be sinne? And therefore I doubt there was some haste and praecepitation in ccCassia…. Collat. 2. cap. 5.Cassianus his judgement, though otherwise, a very just esteemer and valuer of works of devotion and obedience; who pronounces that that apparition of an Angell, to Hero an Eremit, after 50 yeares so intense and earnest attending of 4 Of the apparition to Hero an Eremit by which he killed himselfe; out of Cassianus.Gods service, and religious negligence of himselfe, that he would scarse intermit Easter day, from his strict fasting, and being now ddNazarius constantio.Victoriarum conscientia plenus, (as the Panegyrique saies) was an illusion of the Devill to make him destroy himselfe. Yet Hero being drawn out of the Well into which he had cast himselfe, and living three dayes after, persisted in a devout acknowledgement p. 144that it was the Spirit of God, which sollicited him to that, and dyed in so constant an assurance and alacrity, that Paphnutius the Abbat, though at first in some suspence, did not number him inter Biathanatos, which were persons reputed vitiously to have killed themselves.

Nor may it be necessarily concluded, that this 5 The Devill sometimes sollicites to good.act was therefore evill, if it appeared to be from the Devill. For eeWier. l. 5. c. 1….Wierus, tells us of a maid whom the Devill perswaded to goe such a Pilgrimage, and at such an Altar, to hear a Masse, for recovery of her health.

Certainly if as ffVasq. de adorat. l. 3 disp. 1. cap. 5.Vasquez holds, [it be not Idolatry to worship the Devill in an Apparition, which I thinke to be God] it can be no offence to beleeve 6 By Vasquez it is not Idolatry to worship God in the Divell.him, after I have used all meanes to discerne and distinguish: For not onelyonly those Rules which are delivered ordinarily to know him by, are apparantly false, which are a difference 7 Rules to distinguish the spirits by marks are false.in his hands or feet, or some notable deformity by hornes, or a tayle, of which ggBinsfeld. de confes. sagarum, f. 67. Menghi fustis Daemonum, cap. 8.Binsfeldius seems confident of the first, and (h) Menghi of the second. But that Rule that God alwaies infuseth or commands good things, if it be understood of that which is good, in the common and naturall course is not alwaies safe, for it held not in Abraham, nor the Israelites case. 8 So is the Rule, That good Angels alwaies move to good ordinarily.Therefore though Vasquez his first excuse, That such a worship is not Idolatry, because by reason of our immediate relation to God, we never arrest nor stop upon the Devill by the way, will p. 145doe no good in our case of beleeving, yet his other will, which he hath in the same place, That 9. As in adoration, so in this case, invincible ignorance may excuse.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 iiInc. ConstanPanegyrick could say to Constantine, [Suacuique Prudentia Deu… est] may we say of every mans conscience thus rectified. If therefore they will still turn in their circle, and say, God concurs to no evill, we say nothing is so evill, but that it becomes good, it God command it; and that this is not so naturally evill, that it requires a speciall commission from God…; but as it becomes good, if he commands it, so it becomes indifferent, if he remove the reasons with which the precept against it was conditioned. If they Supra.returne to S. Augustins two reasons against Donatus, 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 Donatus, that we may save one against his will.

But to speake a little in passing of Saint Augustines second reason, (for the first hath very little force, since though it may be lawfull to preserve a man willing to die, yet it is not alwaies of merit, nor obligatory; And therefore kkIgnatius ep: ad Romanos.Ignatius doth so earnestly dehort the Rom…ns from endeavouring to succour him. And llAnt. August. Episc. Tarrac: de leg. Roman. cap. 44.Corona p. 146Civica which was given to any which had rescued a Citizen in the warres, was not given though he produced witnesses of the fact, except the person so rescued confessed that he received a benefit thereby;) why doth S. Augustine referre Donatus in that second reason, to examples. For 11. Of his second of examples: and of his escape if Donatus had produced examples.if Donatus had produced any (as out of credible and authentique History he might very many, and out of Scriptures Canonick in mmDe civitate Dei l. 18. cap. 38. et lib. 2. cont. Gaudent. cap. 23.S^t. Augustines opinion, he might have alledged the example Eleazar, and of Rasis,) Saint Augustine was ever provided for this retrait, That it was a speciall inspiration, and not to be drawn into consequence or imitation.

Had it been a good Argument in Rome for 12 Divorce in Rome, and in Jurie long without example.500. yeeres, that Divorce was not lawfull, because nnA: Gellius l: 4. cap. 3.no example was of it? Or almost for 2000. That a woman might not sue it against her Husband, because ooSerarius de Rabbin. et Herodibus cap. 17.till Herods daughter there was no example of it? But now when the Church hath thus long persevered, in not only justifying but solemnizing many examples hereof, 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, ppKepplerus de Stella Serpent. cap. 23.who defending the Heavens to be inalterable, because in so many ages nothing had been observed to have been altered, his Schollers stubbornly maintain his Proposition still, though by many experiences of new Stars, the reason which moved Aristotle seems now to be utterly defeated?

p. 147Thus much being spoken by the way of Saint Augustine, and having purposely sepos'd the examples recorded in the Scriptures, for our third part, we will consider some Examples registred in the Ecclesiastick History.

The Church whose dignity and constancy it becomes well, that that Rule of her owne Law, be ever justly said of her self, qqSextus Reg. Iur: quod semel.[Quod s…mel placuit amplius displicere non potest] where new reasons do not interpose, rrBaron. Martyrolog.celebrates upon the 9. of February the Birth, (that is the death, of the Virgin and Martyr Appollonia; who, after the persecutors had beat out her teeth, and vexed her 14. Of the Martyr Apollonia.with many other tortures, when she was presented to the fire, being inflamed with a more burning fire of the Holy Ghost, broke from the Officers 15 Of answers in her excuse.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 certain, (yet the Authors are Beda, Usuardus, Ado, and (as Barronius sayes) Latinorum caeteri) Or else, ssSayr. Thesaur. Cas. Cons. l. 9. c. 7. num. 11.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 inspiration. But, but that another divine inspiration, which is true Charity, moved the beholders 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 wearinesse p. 148of life, or fear of relapse, or hast to Heaven, or ambition of Martyrdome.

The memory of ttBaron. Mart.Pelagia, as of a virgin and Martyr, is celebrated the ninth of June. And 16. Of the Martyr Pelagia.though the History of this woman suffer some perplexity, and giuegive occasion of doubting the truth thereof, (for Ambrose says, That she and her 17. Though her History be very uncertain the Church seems glad of occasion to celebrate so noble a fact.Mother drownd themselves; and Chrysostome that they slung themselves downe from a house top. And Baronius saw this knot to be so hard to unentangle, that he says, [Quid ad hac dicamus, non habemus]) yet the Church, as I said, celebrates the Act, as though it were glad to take any occasion, 18. Augustins testimonie of her.of approving such a courage in such a cause, which was but preservation of Chastity. [uuAugust. de Civitate Dei l. 1. cap. 26. Their Martyrdome saith Saint Augustine was ever in the Catholique Church frequented Veneratione Celeberrima.]

And xxDe Virg. l. 3.Saint Ambrose, when his sister Marcellina, consulted him directly upon the point, 19 Ambrose meditation upon her.what might be thought of them who kill themselves 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 incidently or casually, but directly and deliberately) 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. p. 149Here 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 purchased: and this is the baptisme after which none sinnes. This water regenerates; this makes us virgines, this opens heaven, defends the feeble, delivers from death, and makes us Martyrs. OnelyOnly we pray to God, that this water scatter us not, but reserve us to one funerall. Then entred they as in a dance, hand in hand, where the torrent was deepest, and most violent. 29. Eusebius his Oration imagind in the person of her mother.And thus dyed, (as their mother upon the bank called them) [These Prelates of virginitie, Captaines of Chastitie, and companions in Martyrdome.]

And before Ambrose, we finde yyEusebius 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 ha… leave to see, now be prostituted in the Stewes? Have not so little faith in God, as to feare death, Despise not Chastity so much, as to live with shame; but with a pure and chaste death condemne this world. p. 150And so, deluding their Keepers, as though they withdrew for naturall necessities, they drowned themselves.] All Authors of that time are so profuse in the praise of this fact, that it is just to say thereof, as zzPlin. paneg. Trajan.Pliny sayes of Nervaes adopting Trajane, [It was impossible it should have pleased all when it was done, except it had pleased all before it was done.]

For no Author, that I have lighted upon, diminished the glory of these and such other, 21. S. August. first of any doubted their fact, and did seeke shifts to defend it which it needed not.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 perplexitie, 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 onelyonly their Chastitie was solicited and attempted.

Nor can Saint Ambrose, or Eusebius be drawn to that opinion of especiall Divine instinct, because speaking ex animo, though in the mothers person, they incite them to it with reasons from 22. S. August. example hath drawne Pedraca to the same shift, of special divine Instinct in a like case.Morrall vertues.

Yet Saint Augustines example, (as it prevailes very much, and very justly for the most part) p. 151hath drawne many others since to the like interpretation of the like acts. For when the kingdome 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 outrages, a virgin not able to escap the fury of a licentious 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, aaPedraca Cas. de consc. 5. praec. Hispanica Editio.sayes Pedraça, we must beleeve to be done by Divine inspiration, because God loves chastity now as well as ever he did.] Which escape every side may finde easie, if being pressed 23. So says P. Martyr of the Midwiues and of Rahabs lye.with reason they may say, as Peter Martyr doth of the Egyptian Midwives, and of Rahab, and such, bbIn Jud 3.Judg 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 approved 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 onelyonly present one Rule, but so pregnant, that from it many may be derived; by which, not onelyonly a man may, but must doe the whole and intire action of killing himselfe; which is, to preserve the scale of Confession. p. 152For though ccIo: de Lap. Cas. Missales c. 6: art. 5.the Rule in generall bee, [That 24. To preserue the seale of confession a man may be bound to kill himselfe.if a Spider fall into the Chalice, the Wine may be changed, because, Nihil abominabile debet sumi occasione hujus Sacramenti.] And so ddIbid.it may, if the Priest after Consecration come to the knowledge that the Wine is poysoned, [Ne calix vitae vertatur in mortem;] Yet eeSotus de teg. secret. memb: 3. q: 4.if hee know this by Confession, from his assistant, or any other, and cannot by any diversion, nor disguise, escape the discovering, that this was confessed to him, without drinking it, if it bee poyson, he m…st drinke it.

But because men of more abundant reading, active discourse, and conclusive judgement, will easily provide themselves of more Reasons and Examples, to this purpose; it shall satisfie me, to have awakened them thus much, and shewed them a marke to direct their Meditations upon. And so I may proceed to the third Part, which is of the Law of God.