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
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
authors and engrafted here is not written for the readers faith but for illustration and comparison Because I undertooke the declaration of such a proposition as was controverted by many and therefore was drawne to the citation of many authorities I was willing to goe all the way with company and to take light from others as well in the iourney as at the journeys end If therefore in multiplicity of not necessary citations there appeare vanity 〈◊〉 ostentation or digression my honesty must make my excuse and compensation who acknowledg as Pliny doth That to chuse rather to be taken in a theft then to gave every man due is obnoxii animi et infelicis ingenii I did it the rather because scholastique and artificiall men use this way of instructing and I made account that I was to deale with such because I pâ—…esume that naturall men are at least enough inclinable of themselves to this doctrine This my way and my end is to remove â—…andall For certainly God often punisheth a sinner much more severely because others have taken occasion of sinning by his fact If therefore wee did correct in our selves this easines of being scandalized how much easier and lighter might we make the punishment of many transgressors for God in his judgemenâ—…s hath almost made us his assistants and counsellers how far he shall punish and our interpretation of anothers sinne doth often give the measure to Gods Justice or Mercy If therefore since disorderly long haire which was pride and wantonnesse in Absolon and squallor and horridnes in Nebuchodonozor was vertue and strength in Samson and sanctification in Samuel these severe men will not allow to indifferent things the best construction they are capable of nor pardon my inclination to do so they shall pardon this opinion that their severity proceeds from a self-guiltines and give me leave to apply that of Ennodius That it is the nature of stiffe wickednesse to think that of others which themselves deserve and it is all the comfort which the guilty have not to find any innocent THE FIRST PART OF LAW and NATURE Distinction I. SECT I. AS Lawyers use to call that impossible which is so difficult that by the rules of law it cannot be afforded but by the indulgence of the Prince and excercise of his Prerogative So Divines are accustomed to call that sinne which for the most part is so and which naturally occasions and accompanies sinne Of such condition is this SELF-HOMICIDE which to be sinne every body hath so sucked and digested and incorporated into the body of his Faith and Religion that now they prescribe against any opposer and all discourse in this point is upon the degrees of this sinne and how farre it exceeds all other So that none brings the metall now to the test nor touch but onely to the balance Therefore although whatsoever is in our appetite good or bad was first in our understanding true or false and therefore if wee might proceed orderly our first disquisition should be employd upon the first source and origen which is whether this opinion be true or false yet finding our selves under the iniquity and burden of this custome and prescription we must obey the necessitie and preposterously examine First why this fact should be so resolutely condemned and why there should be this precipitation in our judgement to pronounce this above all other sins irremissible and then having removed that which was neerest us and delivered our selves from the tyranny of this prejudice our judgment may be brought neerer to a straightnesse and our charity awakned and entendred to apprehend that this act may be free not onely from those enormous degrees of sinne but from all SECT II. They who pronounce this sinne to be so necessarily damnable are of one of these three perswasions Either they mis-affirme that this act alwaies proceeds from desperation and so they load it with all those comminations with which from Scriptures Fathers Histories that common place abounds Or else they entertaine that dangerous opinion that there is in this life an impenitiblenesse and impossibilitie of returning to God and that apparent to us for else it could not justifie our uncharitable censure Or else they build upon this foundation that this act being presum'd to be sinne and all sinne unpardonable without repentance this is therefore unpardonable because the very sin doth preclude all ordinary wayes of repentance SECT III. To those of the first Sect if I might be as vainly subtile as they are uncharitably severe I should answer that all desperation is not sinnefull For in the devill it is not sinne nor doth hee demerit by it because he is not commanded to hope Nor in a man which undertook an austere and disciplinary taming of his body by fasts or corrections were it sinfull to despaire that God would take from him stimulum carnis Nor in a Priest employ'd to convert infidels were it sinfull to despaire that God would give him the power of miracles If therefore to quench and extinguish this stimulum carnis a man should kill himselfe the effect and fruit of this desperation were evill and yet the root it selfe not necessarily so No detestation nor dehortation against this sinne of desperation when it is a sinne can be too earnest But yet since it may be without infidelitie it cannot be greater then that And though Aquinas there calls it sinne truly yet he sayes hee doth so because it occasions many sinnes And if it bee as others affirme Poena peccati it is then involuntarium which will hardly consist with the nature of sinne Certainly though many devout men have justly imputed to it the cause and effect of sin yet as in the penitentiall Cannons greater Penance is inflicted upon one who kills his wife than one who kills his mother and the reason added not that the fault is greater but that otherwise more would commit it So is the sinne of desperation so earnestly aggravated because springing from Sloth and Pusillanimity our nature is more slippery and inclinable to such a descent than to presumptions which yet without doubt do more wound and violate the Majesty of God then desperation doth But howsoever that none may justly say that all which kill themselves have done it out of a despaire of Gods mercy which is the onely sinnefull despaire we shall in a more proper place when we come to consider the examples exhibited in Scriptures and other Histories finde many who at that act have been so far from despaire that they have esteemed it a great degree of Gods mercy to have been admitted to such a glorifying of his name and have proceeded therein as religiously as in a sacrifice and as one sayes elegantly of Job venere in gloriosa Proverbia and of whom we may properly say that which Moses said when they punished upon one another their Idolatry
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 For to my understanding such an act either 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 The 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 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 that law of Purgation assigned by God to ease a man on whom the spirit of Jealousie was come the Woman was to take the water of curses and bitternesse which should make her infamous and her belly swell and her thighs to rot And those formes of Purgation which were called Vulgares lasted long even in the Church For there is nothing extant against them till Stephen the fift Anno 885. And not onely 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 Britius a Bishop being but callumniated by the people extrajudicially to have got his Laundresse with 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 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 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 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 euery where professes a love to that obedience which himselfe calles indiscreet you shall reade many prayses given to men who did not onely forsake themselves but actually further their destruction though not effectually which makes no difference if it be in dangers which usually men escape not 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 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 who being sent by the Apostles to preach the Gospel amongst other persecutions was constrained to drinke poyson in which there must of necessitie bee such an act as we dispute of now How much did Baint Andrew contribute to his owne Crucifying How much Saint Laurence to his broyling when he called to the Tyrant This side is enough turne the other and then eate 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 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 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 onely lawfull to doe as much without any condemnation but it is necessary and by their rules sinnefull to omit it For Curates must goe to infected houses to minister the Sacraments And 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 Confessions And though perchance this seeme a wanton case framed upon impossible concurrences as 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
received a benefit thereby why doth S. Augustine referre Donatus in that second reason to examples For if Donatus had produced any as out of credible and authentique History he might very many and out of Scriptures Canonick in St. 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 500. yeeres that Divorce was not lawfull because no example was of it Or almost for 2000. That a woman might not sue it against her Husband because 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 are not Saint Augustines Disciples guilty of the same pertinacy which is imputed to Aristotles followers 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 Thus 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 Quod sâ—…mel placuit amplius displicere non potest where new reasons do not interpose 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 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 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 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 of life or fear of relapse or hast to Heaven or ambition of Martyrdome The memory of Pelagia as of a virgin and Martyr is celebrated the ninth of June And though the History of this woman suffer some perplexity and giue occasion of doubting the truth thereof for Ambrose says That she and her 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 of approving such a courage in such a cause which was but preservation of Chastity Their Martyrdome saith Saint Augustine was ever in the Catholique Church frequented Veneratione Celeberrima And Saint Ambrose when his sister Marcellina consulted him directly upon the point 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 Here 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 Onely 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 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 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 haâ—… 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 And 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 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 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 onely 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 Morrall vertues Yet