from me and my instruction that he will doe it without bitternesse He shall see the way the better and shew it the better and saile through it the better if he raise no stormes Such men as they are Fishers of men so may they also hunt us into their nets for our good But there is perchance some mystique interpretation belonging to that Canon which allowes Clergy men to hunt for they may doe it by Nets and Snares but not by Dogges foâ—… clamour and bitings are forbidden them And I have been sorry to see that even Beza himselfe writing against an Adversary and a cause equally and extreamely obnoxious onely by allowing too much fuell to his zeale enraged against the man and neglecting or but prescribing in the cause hath with lesse thoroughnesse and satisfaction then either became his learning and watchfulnesse or answered his use and custome given an answer to Ochiuâ—… booke of Polygamy Distinction II. SECT I. IN all the Iudiciall in all the Ceremoniall Law delivered by Moses who was the most particular in his Lawes of any other there is no abomination no mention of this Selfe-Homicide He teacheth what we shall and shall not eate and weare and speake and yet nothing against this SECT II. But the first place that I find offered against it is in Genesis I will require your bloud wherein your lives are at the hand of every beast will I requireit and at the hand of man even at the hand of a mans brother will I require the life of man who so sheddeth mans bloud by man shall his bloud be shed And this place a very learned man of the Reformed Church sayes the Jewes understand of Selfe-homicide But shâ—…ll wee put our selves under the Iewes yoake That if we finde in the Rabbins things contrary to Nature wee must dare to accuse nothing but our owne weakenesse because their word is Gods Word and if they contradict one another yet both are from God Lyra who seldome departs from the Iewes in matters not controverted between them and us toucheth upon no such exposition yet hee expounds it more then one way and with liberty enough and farre straying And Emanuel Sâ who in his notes is more curious and superstitious in restoring all the Hebraismes and oftentimes their interpretations then perchance that Church would desire at his hands offers at no other sense then the words present Nor â—…an Selfe homicide fall within the commination and 〈◊〉 of that Law for how can the Magistrate shed his bloud who hath killed himselfe SECT III. The next is in Deâ—…eronomie I kill and I give life Our of which is concluded that all authority of life and death is from God and none in our selves But shall we therefore dare to condemne utterly all those states and governments where Fathers Husbands and Masters had jurisdiction over Children wives and servants lives If we dare yet how shall we defend any Magistracy if this be so strictly accepted and if it admit exceptions why may not our case be within those Howsoever that this place is incongruously brought appears by the next words There is not any that can deliver from my hand or this being a Verse of that divine poem which God himselfe made and delivered Moses as a stronger and more slippery insinuation and impression into the Isrâ—…lites hearts then the language of any Law would make expresses onely that the mercies and judgements of God are safe and removed from any humane hinderance or interruption So in another gratulatory Song made by Samuels mother the same words are repeated The Lord killeth and maketh alive and this because God had given her a son when she was past hope That place also in Tobit is fitly paraleld with this He leadeth to hell and bringeth up noâ—… is there any that can avoid his hand And can these two places be detorted to their purpose That none but God may have jurisdiction over our temporall life Or that place of the book of Wisdome which is also ever joyned as of the same signification with these for thou hast the power of life and death which is spoken of his miraculous curing by the Brazen Serpent So that all these foure places have one respect and ayme and none of them look towards our question SECT IIII. In the order of the Divine books the next place is produced out of Job Militia est vita hominis super terram for though our translation give it thus Is there not an appointed time to man upon earth yet the Latine Text is thus cited to this purpose by some not addicted to the Vulgat Edition because it seems in Latine better to afford an argument against Self homicide For therupon they infer that we may not depart at our own pleasure from the battell But because onely the Metaphor and not the extending of it nor inference upon it is taken out of the Scripture it brings no strong obligation with it nor deserves much earnestnesse in the answer yet to follow him a little in his Allusion A Souldier may by Law be ignorant of the Law and is not much accusable if he transgresse it And by another Law 〈◊〉 oâ—… Souldier whose presence is necessary for the safeguard of the Army may be absent cauâ—… Reipub. and being absent his absence shall be interpreted to be so And even to those which killed themselvs in the Army we noted before in the second part That the lawes were not severe if they had any colour of just cause So that this figurative argument profits then nothing especially being taken from this place where the scope of Job was to prove that our felicity and end upon which our actions are bent is not in this liâ—…e but as wars work to peace so we labour here to death to that happines which we shall have after And therfore whosoever were author of that letter which hath Christs name to Abgarus doth not make Christ say that when he hath done that for which he was sent hither he will come to him and take his offer of halte his Kingdome but that when he hath done he will returne to him which sent him That is he will die so that if either side have advantage by this place of Job we have it SECT V. And by the other place of Job much more which is Therefore my soule chuseth rather to bee strangled and to die then to be in my bones Hereuupon they infer That if it might have been lawfull to die so Job would have done it But besides that the wretched poverty and feeblenesse of this manner of Negative arguments Iob did it not therefore he might not do it we may perceive by the whole frame of the History that God had chosen him for another use and an example of extream patience So that for any thing that appears in
3 In revealing a secret 4 In Parricide Sect. 7 1 Of the Law of Nature and that against it strictly taken either no sinne or all sinne is done 2 To doe against Nature makes us not guilty of a greater sinne but more inexcusable 3 No action so evill that it is never good 4 No evill in act but disobedience 5 Lying naturally worse then Selfe-homicide 6 Fame may be neglected yet we are as much bound to preserve fame as life 7 God cannot command a sinne yet he can command a murther 8 Orginall sin cause of all sin is from nature Sect. 8. 1 That if our Adversaries by Law of nature mean only sensitive Nature they say nothing for so most vertuous actions are against nature Sect. 9. 1 As the Law of nature is recta ratio that is Jus gentium So immolation and Idolatry are not against law of Nature Sect. 10. 1 As reason is the form and so the nature of a man every sinne is against nature yea what soever agrees not exactly with Christian Religion 2 Vertue produced to Act differs so from Reason as a medicine made and applyed from a boxe of drugs Dist. 2. Sect. 1. 1 Sinnes against Nature in a particular sense are by schoolmen said to be unnatural Lusts and This. But in Scripture only the first is so called 2 Of the example of the Levite in the Iudges where the Vulgate Edition calls it sin against Nature 3 S. Pauls use of that phrase Law of Nature in long haire 4 Vêgetius use of that phrase Sect. 2. 1 Self preservation is not so of particular Law of Nature but that Beasts naturally transgresse it whom it binds more then us And we when the reason of it ceases in us may transgresse it and sometimes â—…ust 2 Things naturall to the Species are not alwaies so to the Individuall 3 Thereupon some may retire into Solitude 4 The first principles in Naturall law are obligatory but not deductions from thence and the lower we descend the weaker they are 5 Pellicans And by S. Ambrose Bees kill themselves 6 The Reason of almost every law is mutable 7 He that can declare where the reason ceases may dispence with the Law 8 In what manner dispensations worke 9 As nothing can annull the prerogatives of Princes or of Popes though their own act seem to provide against it so no law so much destroyes mans liberty but that he returns to it when the reason of that law ceases 10 Self-preservation which is but an appetition of that which is good in our opinion is not violated by Self-homicide 11 Liberty which is naturally to be preserved may be departed withall when our will is to-doe so Sect. 3. 5 That cannot bee against law of nature which men have ever affected if it be also as this is against sensitive nature and so want the allurements which other sins have 2. There are not so many examples of all other vertues as are of this one degree of fortitude 3 Of Romane Gladiators Of their great numbers great persons and women 4 With how small persuasions Eleazar in Iosephus drew men to it 5 Wives in the Indies doe it yet 6 The Samanaei Priests in the Indies notorious for good life and death did it 7 Latinus Pacatus expresseth this desire pathetically 8 By what means the Spaniards corrected this natural desire in the Indies Dist. 3. Sect. 1. 1 After civility and christianity quenched this naturall desire in the place thereof succeeded a thirst of Martyrdome 2 How leasurely the custome of killing at funerals wore out 3 Philosophers saw and Moses delivered the state of the next life but unperfectly Sect. 2. 1 That Martyrdome was by the Fathers insinuated into men for the most part by naturall Reasons and much upon humane respects 2 So proceeded Clement 3 So did Tertullian 4 So did Cyprian 5 Externall honouurs to Martyrs 6 Monopoly of Martyrdome 7 Gods punishments upon their persecutors encouraged men to it 8 Priviledges of Martyrs extended to many 9 Contrary Reasons cherisht this desire in them 10 Libellatici or compounders with the state in Cyprian 11 Flight in persecution condemned by Tertullian 12 Death grew to be held necessary to make one a Martyr 13 In times when they exceeded in indiscreet exposings of themselvs they taught that Martyrs might be without death 14 Professors in Cyprian men who offred themselves before they were called 15 Enforcers of their own Martyrdome 16 Examples of inordinate affecting of Martyrdome 17 Lawes forbidding more executions made to despite Christians 18 Glory in their number of Martyrs Sect. 3. 1 That Hereticks noting the dignity gaind by Martyrdome laboured to avert them from it but could not correct this naturall inclination 2 They laboured the Magistrate to oppose this desire 3 Basilides denyed Christ to have been crucifâ—…ed and that therefore they dyed madly 4 Helchesar that outward profession of Religion was not needfull much â—…ffo Martyrdome 5 Which also the Gnostici taught and why they prevailed not Sect. 4. 1 That Heretiques missing their purpose herein tooke the naturall way of overtaking the Orthodox in numbers of Martyrs 2 Petilians new way of Martyrdome 3 Another new way of the Circumcelliones or Circuitores 4 The Cataphrygae exceed in number 5 The Euphemitae for their numbers of Martyrs called Martyrians Sect. 5. 1 Hereupon Councels tooke it into their care to distinguish Martyrs from those who dyed for naturall and humane respects Sect. 6. 1 Therefore later Authors doe somewhat remit the dignity of Martyrdome 2 The Jesuits still professe an enormous love to such death Distinction 4. Sect. 1. 1 Lawes and Customes of well pollished Estates having admitted it it were rash to say it to be against Law of Nature 2 True and Ideated Common-wealthes have allowed it 3. 4. Athenians Romans 5 Of Depontani 6 Ethiopians 7 All Lawes presume this desire in men condemned 8 In Utopia authorized 9 And by Plato in certaine cases 10 Conclusion of the first Part. The Second Part of the Law of Reason Distinct. 1. Sect. 1. 1 That the Law of Reason is Conclusions drawn from primary Reason or light of Nature by discourse 2 How much strength such deduced reasons have Sect. 2. 1 Of this kind of reasons generall Lawes have greatest authoritie 2 For it is of their essence that they agree with the Law of Nature 3 And there is better testimony of their producing then of particular mens opinions Sect. 3. 1 Of Lawes the Emperiall Law ought first to be considered 2 The reason of that Law is not abolished but the confession of our dependencie upon it 3 Why it is called Civill Law 4 Of the vastnes of the books from whence it is concocted and of the large extent thereof 5 That yet in this so large Law there is nothing against our case 6 Of the Law of Adrian concerning this in Souldiers 7 Of the other Law concerning this in offâ—…ndors already accused Dist. 2. Sect. 1. 1 Of the Cannon Law 2
The largenes of the subject and object thereof 3 Of Codex Canonum or the body of the Canon Law in use in the primitive Church Of the Additions to this Code since 4 Canon Law apter to condemn then the Civil and why Sect. 2. 1 That this proposition is not haereticall by the Canon Law 2 Simancha his large Definition of Haeresy 3 No dâ—…cision of the church in the point 4 Nor Canon nor Bull. 5 Of the common opinion of Fathers and that that varies by times and by places by Azoriâ—… 7 Gratian cites but two Fathers whereof one is on our side 8 That that part of Canon Law to which Canonists will stand condemns not this 9 A Catholique Bpaâ—…censure of Gratian and his decret Sect. 3. 1 What any Councells have done in this point 2 Of the Councell of Antisidore under Greg. 1. 590. 3 That it only refusd their oblations 4 That it was only a Diocesan Councell 5 The Councell of Braccar inflicts two punishments 6 The first of not praying for them is meant of them who did it when they were excommunicate 7 The second which is denying of buriall is not always inflicted as a punishment to an offendor as appeares in a punishment to an offendor as appears in a locall interdict 8 Romans buried such offendors as had satisfied the law within the Towne as they did Vestalls and Emperours Dist. 3 Sect. 1 1 Of the Laws of particular Nations 2 Of our Law of Felo de se. 3 That this is by our Law Murder and what reasons entitle the King to his good 4 That our naturall desire to such dying probably induced this customary Law 5 As in States abounding with slaves Law-makers quenched this desire lest there should have beene no use of them 6 Forbid lest it should draw too many as hunting and vsury and as wine by Mahomet 7 Upon reason of generall inclinations we have severe Laws against theft 8 When a man is bound to steale 9 Sotus his opinion of Day-theeues 10 Of a like law against Self-homicide in the Earldome of Flaunders Sect. 2. 1 Severe Laws are arguments of a generall inclination not of a hainousnes in the fact 2 Fasting upon Sundays extremely condemned upon that reason 3 So Duells in France 4 So Bull-baitings in Spaine 5 The hainousnes of Rape or Witch-craft are not diminished where the Laws against them were but easie 6 Publike benefit is the rule of extending odious Laws and restraining favourable 7 If other nations concurre in like Laws it sheweth the inclination to be generall Sect. 3. 1 The Custome of the Iews not burying till Sunn-set and of the Athenians cutting off the dead hand evict not Sect 4. 1 The reasons drawne from remedies used upon some occasions to prevent it prove as little Dist. 4. Sect. 1. 1 Of the reasons used by particular men being divines 2 Of S. Aug. and of his argument against Donatus 3 Of S. Augustine comparatively with other Fathers 4 Comparison of Navar and Sotus 5 Iesuits often beholding to Calvin for his expositions 6 In this place we differ not from S. Augustine 7 Nor in the second cited by Gratian. 8 That there may be Causa puniendi sine culpa 9 As Valens the Emperor did misse Theodosius So S. Augustine praetermitted the right case 10 Of Cordubensis rule how we must behave our selves in perplexities 11 How temporall reward may be taken for spirituall offices 12 Of Pindarus death praying for he knew not what 13 In one place we depart from S. Augustine upon the same reason as the Jesuite Thyraeus doth depart from him in another Sect. 2. 1 The place cited by Gratian out of S. Hierome is on our side Sect. 3. 1 Lavaters confession that Augustine Hierome Chrysostome Lactantius are of this opinion Sect. 4. 1 Of Peter Martyrs reason Mors malum 2 Clement hath long since destroyed that reason 3 Of Malum poenae how farre it may bee wished and how farre it condemnes 4 Possessed men are not alwaies so afflict for sinne 5 Damnation hath not so much rationem mali as the least sinne 6 If Death were of the worst sort of evill yet there might be good use of it as of Concupiscence 7 In what fense S. Paul calles Death Gods enemy 8 Death since Christ is not so evill as before Sect. 5. 1 Of Peter Martyrs reason Vita donum Dei Sect. 6. 1 Of Lavaters reason of Iudges in all causes 2 Where Confession is not in use there is no Iudge of secret sinne 3 Of the Popes Iurisdiction over himselfe 4 Of such Iurisdiction in other persons by Civil lawes 5 10 22. elected himselfe Pope 6 Iurisdiction over our selves is therefore denyed us 7 because we are presumed favourable to our selves not in cases esteemed hurtfull 8 In cases hurtfull we have such Iurisdiction 9 Oath of Gregory in the great Schisme 10 When a man becomes to be sui Juris 11 Warre is just betweene Soveraigne Kings because they have no Iudge 12 Princes give not themselves priviledges but declare that in that case they will exercise their inherent generall Priviledge Sect. 7. 1 Josephus reason of Depositum 2 A Depositarie cannot be accused De Culpa but De Dolo. 3 A secret received Data fide is In natura Depositi Sect. 8. 1 Of similitudinary reasons in Authors not Divine Sect. 9. 1 Of Josephus his reason of Hostis. Sect. 10. 1 Of Josephus reason of Servus Sect. 11. 1 Of Josephus reason of a Pilot. Distinct. 5. Sect. 1. 1 Of Saint Thomas two reasons from Iustice and Charitie 2 Of that part of injustice which is stealing himselfe from the State 3 Monastike retyring is in genere rei the same fault 4 The better opinion is that there is herein no injustice 5 Of the other Injustice of usurping upon anothers Servant 6 Though we have not Dominium we have Usum of this life And we may relinquish it when we will 7 The State is not Lord of our life yet may take it away 8 If injustice were herein done to the State then by a licence from the State it may be lawfull 9 And the State might recompence her Domage upon the goods or Heirs of the Delinquent 10 In a man necessary to the State there may bee some Injustice herein 11 No man can doe injurie to himselfe 12 The question whether it be against Charity respited to the third part Sect. 2. 1 Of Aristotles two reasons of Misery and Pusillanimitie Distinct. 6. Sect. 1. 1 Of reasons on the other side 2 Of the Law of Rome of asking the Senate leave to kill himselfe 3 Of the case upon that Law in Quintillian Sect. 2. 1 Comparisons of desertion and destruction 2 Of Omissions equall to committings Sect. 3. 3 In great faults the first step imprints a guiltines yet many steps to self-homicide are allowable 4 Dracoes lawes against homicide were retained for the hainousnes of the fault 5 Tolets five Species of Homicide 6 Foure of those were to be found
true that of Adrian the Emperor who was about 120. yeares after Christ we finde one Rescript in the body of the Law 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 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 onely such as being of present use as well much disadvantage might grow to the Army if sodainly any numbers of them should be suffered to turne upon this 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 did to the Clergy under their Romane Bishops after they had thus maym'd themselves and defrauded the State of their service should by this inhâ—…rent character of Souldiership enjoy all those advantages which those Lawes afforded them There is 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 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 the Princes themselves at least by their acceptation and submission to it And as the subject of it is greater being people 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 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 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 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 since that time of Bulls and Decretall Letters of Popes Decrees of suspitious and partiall and Sâ—…hismatick Councels for nothing is more properly Schisme and Solutio continui than a rent betweene the Civill and Ecclesiastique State which occasion'd many of the later Councels the rags of Fathers decerpted and decocted by Gratian and the glosses of these made also as authentique as the Text. I perceive not what title they have to bee of the body of the Canon Law except where the Princes have incorporated and 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 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 the Canon Lawes which punish onely medicinally and for the soules health are apt to presume or beleeve a guiltinesse upon light evidence because those punishments ever worke good effects whether just or no. SECT II. And first because heresie which is laesa Majestas Divina of all crimes is the principall object of that Court I say that this proposition is not by any thing extant in the Canon law and therefore not at all hereticall allowing to them their largest definition of heresie which is Any thing which is against Catholique faith that is Scriptures rightly understood Or the traditions and definitions of the Church or generall Councells lawfully gathered or definition of the sea Apostolique or the common opinion of Fathers in a matter of faith The proposition may perchance seeme to some so ill qualified as it may be male sonans or 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 the Church in the point at all much lesse as of a matter of faith which is the second limbe of the definition No decree of any generall Councell No rescript or Bull of any Pope And for the common opinion of the Fathers besides that it can be no safe rule because as Azorius notes Controverters often say on both sides this is the common opinion And certainely that is the common opinion in one Age which is not in another yea in one Kingdome at the same time which is not in another though
both be Catholik As in Germany and France by the common opinion Latreia is not due to the Crosse in Spaine by the common opinion it is it cannot appeare by the Canon law that this is the common opinion of the Fathers for Gratian who onely of the Compilers of the Canon law toucheth the point as farre as either my reading or search hath spied out cites but two Fathers Augustine and Hierome Whereof the latter is of opinion that there may be some cause to do it But in the Canon law I finde no words not onely to lay the infamous name of heresie upon it but that affects it with the mark or stile of sinne or condemnes the fact by inflicting any punishment upon the offender I speake here of the Canon law to which the Canonist will stand which are the Decretall letters and all the extravagants For of Gratians Decret that learned and ingenious Bishop of Tarracon hath taught us what we should thinke when he sayes That he is scarce worth so much reprehension who having nothing that is profiâ—…able or of use except he borrows it is admired of the ignorant and laughed at of the learned who never saw the bookes of the Councells nor the works of the Fathers nor the Registers of the Popes letters 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 by his inserting an imperiall law or fragment of a Father it should therefore be canoniz'd and grow into the body and strength of the Canon law for then though that law were abrogated againe by the Emperour it should still be alive and binâ—…e by a stronger obligation in the Canon which 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 thâ—…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 Gratian cites it but because the Canons of all Councels are now usurped as Canon Law we will consider a Canon of the Braccarense Councell cited by him But first although he have it not wee will not conceale the Antisidorense Councel which was before the other under Gregor 1. Anno 590. For as the Civill Lawes by limitation of persons and causes gave some restraint and correction to this naturall desire of dying when we would which they did out of a duty to sinew and strengthen as much as they were able 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 Canon then hath these words If any kill themselves Istorum oblata non recipiantur For 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 what it had decreed being onely 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 Gratian cites and besides which two I finde none hath these words For those that kill themselves there shall be no commemoration at the oblation nor shall they bee brought to buriall with Psalmes which intimates as the language of the Canon Law is Caninam sepulturam But the glosse upon this doth evict from another Canon that if the person were not under 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 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 whom they esteeme in state and way of salvation the Glosse here collects reasonably That this punishment reaches not to the dead but onely to deterre the living referring to this purpose an 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 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 that 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 the Romans in their Religious Discipline refused solemne buriall to any which perished by lightnings though they buried offenders in the towne as they did Vestals and Emperours because as their Dedication 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 Distinction III. SECT I. OF Arguments of this Nature which are conclusions deduced out of reason and discourse next to these generall Lawes of the Empire and of
remitting our selves to the learned which are our fathers instruction what ever defect be in us yet Saluamur in fide parentum And in this sort e Pindarus making an implicite prayer to God that he would give him that which he knew to be best for him died in that very petition Except therefore Saint Augustine have that moderation in his resolution That a better life never receives a man after a death whereof himselfe was guilty we will be as bould with him as 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 Saint Hieromes temper who in 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 â—…arre from agreeing with 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 qualem mors invenit hominem ita homo inveniâ—… mortem SECT III. From this place of Saint Hierome I beleeve and some other which perchance I have not reaâ—… and some other places in others of like charitable dâ—…scent to this opinion 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 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 Clemens Alex. had so throughly defeated that opinion But if it be Malum it is but Malum poena And that is an evill of which God is Authour and is not that 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 Neither he nor his parents have sinned And of that Malum poenae which is esteemed the greatest in this life of temporall affictions because of the neere danger of empairing our soule which is to be possessed 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 Damnation hath not so much Rationem mali as the least sinne that drawes Damnation Death therefore is an act of Gods justice and when he is pleased to inflict it he may chuse his Officer and constitute my selfe as well as any other And if it were of the worst sort oâ—… evill â—…et as 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 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 is called Gods enemy and is therefore evil yea 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 never in our case Besides this death hath lost much of her naturall malignity already and is not now so ill as at first she was naturally for as Calvin notes here she is already so destroyed that she is not lethalis but molesta SECT V. One reason more Martyr offers of his owne which is Vita Donum life because it is the gift of God may not be profused but when we have agreed to him that it may not be unthriftily and prodigally cast away how will he conclude from thence such an ingratitude as that I shall forfake Gods glory and may in no case ponere animam How will it follow from I must not alwaies to I may never SECT VI. Lavater after many other urges this reason That because Judges are established therefore no man should take Dominion over himselfe 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 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 perplexâ—…d case whether the Pope may not give himselfe aâ—…olution from Acts and Vowes and partake his owne 〈◊〉 although by the best opinion it is agrâ—…ed that to do so is an act oâ—… jurisdiction which by Lavaters rule no man may 〈◊〉 upon himselfe The Emperiall lawes forbid iâ—… a generality any to be judge in his ownâ—… cause but all Expositors except Soveraignes And in ordinary Judges all agree with 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 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 So if a sonne which had not beene Sui juris had beene made â—…onsul 〈◊〉 he have emancipated himselfe or authorized another to have adopted him And besides thâ—… it appeares that the Popes have exercised juâ—…sdiction upon themselves even before they were Popes for Ioha 22 having permission to chuâ—…e oâ—…e Pope chose himselfe which deed Naucler relates and justâ—…fies by Canonicall rules it is plaine that he may exercise jurisdiction upon himselfe in anâ—… case where there is not a distinction of persons enjoyned Iure Divine as in Baptisme which will not be stretched to our case And certainly the reason of the Law why none