Of indirect self-murder by doing of capitall crimes against humane Lawes and authority 8. Branch Capital crimes Eightly men doe commit indirect self-murder by their breaking out into capitall courses and crimes in transgressing and violating capitall good humane Lawes the penalty whereof is death whereby they bring themselves under the sword of Iustice thereby to lose their lives as do Traitors and rebellious persons against the King State or Kingdome spoylers of other mens lives or goods as murderers Pirates Robbers and the like which is a thing both just and expedient in reason that for preserving upholding of the whole body publick or the more noble parts thereof inferiour and rotten members should suffer amputation who by their owne vile practises have subjected themselves to the penall censure of death by their misdeserving courses being indirectly self-murderers their blood being upon themselves and not upon the Magistrate by whose hands they justly fall as is apparent Levit. 20.9 where the blood of him that was put to death for cursing his Father is said to be upon himselfe and 2 Sam. 1.16 touching him that David killed for saying that hee had slaine Saul he said that his blood was upon his head as also 1 King 2.32 37. touching Ioab for his murder and Sbimei for his railing it is said that their blood was upon their owne heads for that they were the wilfull meritorious cause although not the immediate instruments of their owne deaths And so thus all men that die by the merits of their owne actions morally or civilly considered are murderers of their owne naturall lives and bodies as man may truly be said to be the overthrower of the salvation of his owne soule by the merits of his owne sins §. 14. Of indirect self-murder by wilfull transgression of Gods Lawes 9. Branch Transgression against Gods Law Ninthly men indirectly murder their owne bodies by wilfully and impenitently walking in a course of transgression of Gods Law in such kinds and degrees as are accompanied with fearefull threatnings of death and destruction to bee inflicted not onely upon the soules but also upon the bodies of such transgressours by fearefull judgments even in this life as we see it was done to Pharaoh which is performed two waies 1. Kills after a naturall manner First in a physicall or naturall manner by the very nature and act of some sinnes themselves immediatly wasting filling the body with diseases and at last killing it as by drunkennesse and gluttony distempring and surfeiting the body according as Solomon saies that to those that tarrie long at the Wine and that do goe to seeke mixt Wine is woe sorrow contentious babling wounds without cause and rednesse of the eyes Prov. 23.29.30 Also by whoredome and bodily uncleannesse the strength is wasted as the Apostle shewes how such doe sin against their owne bodies 1 Cor. 6.18 and Solomon tells us that the house of a strange woman inclines to death Prov. 2.18 and by her a mans flesh and body is consumed Prov. 5.11 and the adultresse hunteth after the pretious life Of Passions And also by the immoderatenesse of the passions of the minde in giving way and liberty to them to break out and have dominion over us wherby the vitall spirits are suffocated or wasted as by excesse of choler fretfulnes or griefe or the like extinguishing the life of man as a fire is put out by oppressing it with water or by wastefully burning up suddenly the fewell of the maintenance of it therefore it is needfull that we suffer no commotion to be raised in our passions and affections but upon just cause and ground and that then therein we do keepe due moderation by the command of reason Note and by the possessing and taking of them up with divine and heavenly objects and imployment about things concerning a better life it is a very dangerous and costly contentment that a man hath by giving immoderate scope to his unruly affections and passions with the consumption of his owne life thereby in this course of indirect self-murder 2. A morall meritorious manner of self-killing Secondly men by their self-willed sinfull courses are indirect self-murderers of their bodies efficiently in a moral manner and by way of merit according to the justice of God threatning and punishing disobedient prophanenesse and wickednesse from heaven not onely inwrapping transgressors into publick generall judgements with others but also by inflicting particular personall destruction upon them as God did upon Corah Dathan and Abiram a Numb 16.38 and upon some for their unworthy and prophane receiving of the Sacrament of the Lords Supper did die b 1 Cor. 11.30 by their owne meritorious procurement and wee are taught in the Proverbs c Prov. 1.8 31 32. that sinners do lay waite for their owne blood and eate the fruit of their owne way and that the turning away of the simple shall slay him In the Prophet Ezekiel Robbers adulterers and usurers d Ezek. 18.13 are threatned with death and there it is said that their blood shall be upon their owne heads which intimates that they are guilty of their own deaths And againe secure persons not repenting after admonition are threatned with death and that their blood shall be upon their owne heads e Ezek. 33.4 5. Yea all the damned in hell whose bodies with their soules shall be subject to the second death by meanes of their owne sins are and shall be guilty of their own deaths both of soule and body and so are self-murderers also of their bodies at least indirectly In Adam and by his first sin all men naturally are self-murderers Moreover Adam and all mankinde in him lapsed are indirectly self-murderers by merit of that first transgression for and through which death entred into the world according to the testimony of the Apostle who saith that by one man sin entred into the world and death by sin so death passed upon all men for that all have sinned Rom. 5.12 So that no man can blame any for his death in regard of originall merit and desert but himselfe Now that this death of our selves may not be imputed to our selves that we should stand guilty before God of this indirect self-murder we must labour to get our pardon from God in Christ for the comfort of our consciences and for our security from the avenger of blood upon our reconciliation with our God and bee carefull that we live not wilfully and impenitently in any knowne sinne without which care all stand guilty before God of this sinne of self-murder and shall suffer for it Observe The world is full of self-murderers From hence we may observe that there are many more self-murderers than the world takes notice of or that do thinke themselves to be such yea the world is full of them whose sinnes are more haynous than they conceive and specially against themselves most pernicious and therefore it is no
Secondly actively as he is an agent in and about his owne death working to effect the same either meritoriously or efficiently and so he is a self-murderer and guilty of his owne death §. 2. Of the meanes of losing life naturall Meanes of losse of life are 1. Internall Mans life is loseable by two sorts of meanes First internall arising from and within a mans selfe that kills him as the worme that breeds of and in the tree and destroyes it so in mans bodie doe distempers and diseases breed of and from it selfe whereby hee is in deaths hands and by degrees dies daily also in the soule of man sinne doth breed that kills his spirituall life and so he hath in himselfe the principles and meanes of the destruction both of his soule and body of his life both naturall and spirituall 2. Externall The second meanes is externall inflicted from without a man tending to that taking away of his life and the same is either casuall or voluntary 1. Casuall Casuall or accidentall is when besides the intension of the agent and proper nature and end of the action it falls out and comes to passe that thereby the life of man is hurt or taken away as when in felling of wood the axe flees off the helve and unawares to him that uses it kills a man a Deut. 19.5 herein the life of man is taken away not without concurrence of the providence of God who is pleased by suffering such an accident to lay a crosse upon the agent to whom it is a kinde of calamity or punishment to be a meanes against his will of the death of any man Also to this casuall destruction of mans life belongs the perishing of the soules of those that unjustly take offence at other mens estates and lives b 1 Cor. 1.23 for that which they lawfully and necessarily doe or suffer in their callings and Christian condition whereby such persons flee off from the truth and fall into or persist in evill and damnable course to their eternall perdition without any fault of theirs by whose occasion they of their own wretchednesse stumble and miscarry and so goe guilty of their owne spirituall death by abusing of that which is good to their hurt and damnation so falling and ruinating themselves by other mens rising and standing 2. Voluntary Or else the externall meanes of taking away a mans life doe of themselves in their proper nature and direct use and in the intension of the agent tend to the effecting thereof which about our life that is naturall is done either justly upon lawfull causes in just manner Justly by those those that are sufficiently authorized to doe the same or else it is done unjustly when the same is without just cause Unjustly not by the hands of persons lawfully authorized to doe it or is not performed in a just and warrantable manner §. 3. Of the meanes of the destruction of spirituall life 2. Of the soule Also touching our spirituall life the same is externally or by meanes without a mans selfe destroyed eyther by the justice of God 1. By God when he most righteously in his act of vindicative and distributive justice punishes man with eternall destruction for his sinnes Mat. 10.28 in which case man in respect of his owne merits and deservings is guilty of his owne perishing and not God 2. By men two waies Or else our spirituall life may miscarry by meanes of men 1. who First by their corrupt doctrine and evill examples doe draw others with them to perdition as did the Scribes and Pharisees that did compasse sea and land to make one Proselyte whom when they had wonne they made him twosold more the child of hell than themselves Mat. 23.15 or by depriving them of the meanes of their salvation they are subjected to destruction 2. Secondly when men by compulsory meanes of unjust lawes and severe threatnings and punishments are driven and forced from the waies of righteousnesse into sinnefull courses as by Ieroboam Manasses c. soules are destroied with a twofold guilt both of them that force others and also of them that yeeld themselves to evill upon such constraint Life is taken avvay 1 By others 2. By a mans selfe Againe the externall meanes of depriving a man of his life is inflicted either by others sometime lawfully sometimes unlawfull or else by a mans owne hands and procurement which is ever in all cases unlawfull for him to doe mediately or immediately directly or indirectly But it is to be noted that no man loseth his spirituall life but by his owne meanes and merits procuring the same for the spirituall life of man is subject to no mans power who can kill onely the body and doe no more Mat. 10.28 And God that is esseatially and absolutely just subjects not man to suffer that which actively he hath not first some way procured by his owne doings and deservings Observ How subject man is to death From hence it is observable that the lives of no creatures are longer and with more adoe hatchedup and maintained than the lives of men and yet the lives of no creatures are subject to so many dangers inward and outward of destruction and sooner overthrowne than mans we being like brittle glasses that containe precious balsame and as choise flowers hardly cherished up and soone blasted which shewes both our weakenesse and want of self-sufficiency to uphold our selves and also how we are possessed and compassed about with things adverse and dangerous to our lives both of soule and body of all creatures man onely being a stranger and pilgrim on earth hath therefore the least kinde entertainment in this world and the most uncertaine possession of it and is alwaies neerest to be thrust out of it walking here but as a shadow Vse 1 Therefore wee should be more carefull to cleave the more closely to our God who is the preserver of men that by him we may be upheld and protected against all dangers 2. And againe we should be the more watchfull against carnall security that wee doe not presume upon our uncertaine lives nor suffer our selves to be intangled with this world and the things of it but that we be ever heavenly minded and ready for our departure hence labouring to get and keepe that spirituall and eternall life §. 4. Of murder in self-killing Killing of a mans selfe is murder 1. In a mans taking away of his owne life two things are to be considered First that it is murder in regard of the nature of the act of it 2. Secondly that it is murder of ones selfe in respect of the object thereof and so self-murder is a compounded sinne of more degrees than one and that in such a kind as is the most hainous and most to be abhorred in humane society in regard that this destroyes the substantiall being of that which ought to bee of
LIFES PRESERVATIVE AGAINST SELF-KILLING OR AN VSEFVL TREATISE Concerning Life and Self-murder SHEWING The Kindes and Meanes of them both The Excellency and preservation of the former The Evill and prevention of the latter CONTAINING The Resolution of manifold Cases and Questions concerning that Subject with plentifull variety of necessary and usefull Observations and practicall Directions needfull for all Christians Is it lawfull to save life or to kill Mark 3.4 Non est nostrûm mortem arriperc sed oblatam patienter ferre Hieron in Jonam By JOHN SYM Minister of Leigh in Essex LONDON Printed by M. Flesher for R. Dawlman and L. Fawne at the Brazen Serpent in Pauls-Churchyard 1637. TO THE RIGHT HONORABLE AND MOST NOBLE LORD ROBERT EARLE OF WARWICK Lord RICH Baron of LEEZE c. My very good LORD and most noble PATRON Increase of Grace Honor and Happinesse Right Honourable THat Eminencie that is in a most excellent Maecenas to supply the defects and meannesse of an obscure Author and that Relation and obligation that a poore Clerk may have to a most noble worthie and respective Patron hath made me presume to make choise of your noble Lordship for a Guardian of this my poore tractate which is of a compounded Denomination consisting of contrary ingredients of life and death of saving and killing by such reflecting acts of the doers upon themselves as make the Agents and patients thereof to be the same individualls The discourse is of a mixt and various nature and the theame of self-killing is the subject both of Divinity and of humanity of Religion and of Law the full handling whereof may be serviceable to the Kings Majestie for preservation of the lives of his people against the blowes and mortall wounds of a self-killing hand and may be usefull for the publick good of the Church and of the Common wealth both for the safety of the soules and bodies of their members and also in point of Honour that the government of so gracious a King and the glory of so famous a Nation may not be ignominiously stayned by self-murdring practises In which respects it was most requisite that I should dedicate the treatise of that nature to such a noble Guardian as hath a most speciall care to uphold and advance both Religion and Iustice the honour of the King and kingdome and the welfare both of Church and Commonwealth in all the members of the same as your Honourable Lordship alwaies hath in the places of your imployment and residence which in cognizance of us in the Ministery is specially apparent by your noble and pious care of providing able painefull and godly Ministers to the Churches under your speciall Patronage bestowing your Church-livings both freely and to the fittest and best deserving that you can finde for those places and countenancing and furthering the Clergie what you can in all godly and legall courses whereby multitudes of soules being saved and the Church of England under our Soveraigne the King advanced and supported in the Honour of her Ministery all have cause to praise God and to pray to God for your Lordship and for your noble Family the honourable instruments of so much divine and publick good whereof many blessed soules in heaven saved by that meanes are witnesses before God to your eternall praise honour and comfort with your renowned progenitors of that practise And I confesse it is the dutie specially of us of the Ministery to write your most Illustrious name and highest Commendations with the poynt of a Dyamond in letters of Gold upon the most durable pillars of perpetuity and ever to celebrate your due praise both for honour of your noble deservings and also for vertuous and pious example and incouragement to all posterity and noble Peeres in that poynt specially of upholding and advancing true Religion and piety both in and by that carefull and conscionable course of bestowing your Church-livings and regarding of your Ministers and also by your constant profession of the truth and according to the same professedly worshipping the true God thereby publickly obliging your selfe to such holines of heart and conversation in walking with God according to the rules of true Religion as may give your Lordship sound and grounded hope of eternall life and may verifie in you the realitie of that most Christian and heroick motto Garde ta foy In a word Divine Providence and Heavens favour hath made your Lordship Rich not onely by nature and name but also in honor and manifold blessings upon you and in much good done by your meanes whereby you stand bound to be accordingly thankfull to God and to be ever mindfull that your Eminency objects your Lordship to the worlds prying observation and to mens rigid censure which requires your more carefull circumspection in your whole conversation that you may be as farre distant from all ignoble vices and sinfull courses which staines and abases Honour and greatnesse and as Illustrious in all vertues and commendable actions as your noble condition is elevated above the common ranck of men which conciliates and procures Honour and comfort of a higher nature and of more lasting continuance than that which can be had from or by Titles and humane dignities or from sycophantizing humoring and flattering that so you may attaine to eternall glory and happines after this short life ended Most noble Lord I commed this treatise to you not onely that you may put credit and respect upon it for publick favour and entertainment and to give encouragement to the Author but also with all observancie to subject it to your judicious censure and my selfe to the service of your Honour and noble Family for the furtherance of the good and salvation of you and yours by the dayly prayers and faithfull labours of him that ever remaines From your Lo ps Leigh in Essex Your Lordships devoted faithfull and obsequious servant in Christ Iohn Sym. THE PREFACE TO THE READERS OF THIS TREATISE AND To my Auditors in my Ministery specially my ever much respected loving Friends and respective Parishioners the Inhabitants of Leigh in Essex Grace and Peace be multiplyed THis Treatise I can neither commend to you from the pleasantnesse of the nature of the subject of it which is about Self-murder that is a wickednesse not to be named among Christians in regard of likeing or practice thereof nor yet can I magnifie it to you for any thing that is simply mine in it although there is much more mine in it than might have beene if there had been full and compleat Tractates made by other men of that subject whence I might have borrowed more and have had more help than now I could to have made this a more perfect and better polished peece I doubt not but it shall be found in the advised and candide perusall thereof to carry in all the passages thereof the impresse and stamp of truth for which it may be worthy of your acceptation both for information of judgment
degrees of spirituall life which are two and subordinate Page 22 § 4. Who may have spirituall life which is denyed to none and by whose fault doth any misse of it or lose it How the Gospell was published to Adam and to all his posterity who for unbeliefe of the same are justly punishable Page 24 § 5. Of the excellency of spirituall life in three respects Page 26 § 6. How to obtaine spirituall life by meanes which wee are to use to get it and grow in it Page 28 § 7. How the Gospell works life not physically or ethically but supernaturally by the power of God working according to his owne will upon mans heart that is the subject of conversion Page 30 § 8. Why God uses meanes to convert us reasons three Page 31 § 9. How the power of the Holy Spirit is manifested and seene upon us in the meanes by foure degrees of operation And of three evidences of the Spirits application of Christ to us Page 32 § 10. How the Spirit works holinesse in us in two degrees with their uses and of three grounds of actuall obedience Page 35 § 11. Of the foure signes of spirituall life Page 37 § 12. How spirituall life may be preserved by use of six meanes Page 39 § 13. How mans care of his spirituall life should be great preferring it above his naturall life Page 42 Chap. 6. Of lifes destruction and of murder in generall § 1. How mans life maybe lost both passively and actively Page 43 § 2. How naturall life may be lost by meanes both internall and externall casuall and voluntary justly and unjustly Page 44 § 3. Of the meanes of the destruction of spirituall life by the justice of God and by the meanes of men and of mans subjection to death Page 45 § 4. Of murder in self-killing how the same is horrible and of foure things observable in it Page 47 § 5. How murder is vile in three respects Page 49 § 6. Of the originall of murder how it selfe is an act of impotency which we are to abhorre and how none can murder another without murdering themselves Page 51 Chap. 7. Of murder as it is of ones selfe § 1. Of the specificall nature of self-murder Page 53 § 2. Of the evill and greatnesse of the sin of self-murder Page 54 § 3. Of lawfull self-killing of our old-man of the kind of that killing and how it is done Page 54 § 4. Of diverse observations from the generall consideration of self-murder for informing of our judgement and directing of our practise Page 56 Chap. 8. Of spirituall self-murder in speciall § 1. That all perishing-soules are self-murdered and how soule-murder is self-murder Page 57 § 2. Spirituall self-murder defined what it is Page 58 § 3. Of soule-murder in two degrees by deprivation of life Page 58 § 4. Of mans deficiency to be saved in Adam and in our selves by a fourefold omission of doing our duties in use of meanes Page 59 § 5. Of mans neglect and contempt of the power of the meanes that he uses Page 60 § 6. Of mans defect in obedience both Evangelicall and Legall Page 61 § 7. Of the reasons of our defect of obedience which are foure Page 62 § 8. How and why grace dies by mans neglect Page 63 § 9. How the harme of omission of dutie is deprivation of life spirituall and of negative righteousnesse and how the punishment of damage is greater than that of smart Page 64 § 10. Of the endeavour after spirituall life wherein it consists and of the lets thereof Page 66 § 11. Of the second degree of spirituall self-murder which is in subjection to death by sinnes of commission Page 67 § 12. Of the meanes of mans destruction by breaking the Law of negative commands and of foure properties of soul-murdring sins Page 67 68. § 13. Of two causes of mens adventuring upon sinfull courses against the law Page 69 § 14. Of spirituall self-murder by sinning against the Gospell and how the obedience of the Gospell differs from the obedience of the Law in foure points Page 70 § 15. Of infidelity against the Gospell and of the causes and cure thereof Page 72 § 16. Of impenitency Page 72 § 17. Of the sin against the holy Ghost and things observable about it Page 73 § 18. Of finall Apostacy and of the difference of sinnes Page 75 § 19. Of the malignity of the sinnes against the Gospell above those that are committed against the Law for three reasons Page 76 § 20. The uses and improvement of the doctrine of spirituall self-murder Page 77 Chap. 9. Of bodily self-murder in speciall § 1. How bodily self-murder is defined and differenced from spirituall self-murder Page 80 § 2. Of mans body in a threefold consideration with its works and of the soules three sorts of morall works in the body and how the body suffers by and for the soule Page 81 § 3. Of the degrees of bodily self-murder and the pronenesse of man to it upon two causes which are removed by answers to both Page 83 Chap. 10. Of the kindes of bodily self-murder direct and indirect § 1. Direct and indirect self-murder are defined Page 84 § 2. Of the difference betweene direct and indirect self-murder in three things Page 85 § 3. How indirect self-murder is greater in two respects than direct Page 87 § 4. How direct self-murder is absolutely the greater in three respects Page 88 § 5. Of the degrees of sin and how to escape the greatest and its end Page 89 Chap. 11. Of indirect self-murder of the body § 1. The reasons why indirect self-murder is first treated of Page 90 § 2. How indirect self-murder is wrought two wayes by omission and commission Page 91 § 3. How indirect self-murder by omission is physically effected foure waies ibid. § 4. How indirect self-murder by omission is morally wrought two waies and that neglect of meanes of preservation is tempting of God and how Page 94 § 5. A question resolved about standers mute or those that refuse to answer legally and to submit to lawfull triall when they are arraigned at the barre for some capitall crime the reasons pro and contra with the conclusion that such mutes are indirect self-murderers Page 96 § 6. The resolution of the question concerning malefactors arraigned for capitall crimes wherof they know themselves guilty whether they ought in conscience to answer affirmatively or negatively to the question made to them at the Barre whether they be Guilty or Not Guilty the reasons on both sides with the conclusion for the negative that they may avoid indirect self-murmurder Page 100 § 7. Of indirect self-murder of commission by distemperature and needlesse mutilation of body or members whereupon death ensues Page 109 § 8. Of indirect self-murder of commission by unwarrantable practising of Physick or Chirurgery upon ones selfe thereby killed Page 111 § 9. Of indirect self-murder of commission by a mans unthriftinesse and prodigality
speech to the Lord saying Oh that Ishmael might live before thee a Gen. 17.18 Vse To preserve life The chiefe use of the former doctrine is to provoke and move us to use all lawfull meanes to preserve and prolong our lives for hee that wills the end should also will the meanes whereby he may attaine to that end §. 5. Of the meanes of lifes preservation The meanes 1. Prayer Those meanes are first prayer to God for to sustaine and preserve our lives especially in apparent dangers as David did Psal 102.24 saying Oh my God take me not away in the midst of my dayes For as our lives depend upon him that is the fountaine of life b Ioh. 1.4 so our eyes must be to him for a continuall influxe of continuing the same in regard of outward dangers and inward mortality dayly putting our lives in jeopardy which of our selves we are not able to resist 2. Foode cheerefulnesse c. The second meanes of the preservation of mans life is the moderate and cheerefull use of necessary foode and raiment with other convenient comforts and delights needfull to cherish and preserve our lives according to Solomons direction that there is nothing better for a man than that he should eate and drinke and that he should make his soule enjoy good in his labour Eccles 2.24 according to Iacobs desire Gen. 28.20 intreating God that he might have bread to eate and cloathes to put on not to hoard and lay up but for his use For a man to have plenty and yet to be in want is a miserable condition for so he defrauds and wrongs himselfe he is injurious to the creatures in not imploying them to the use for which God made and gave them and is ingratefull to God in not rightly using his blessings so as he may thereby doe God the greatest honor and service Of cheerefulnesse Cheerefulnesse is an excellent meanes of life for as Solomon saies by sorrow of heart the spirit is broken and all the dayes of the afflicted are evill but a merry heart maketh a cheerefull countenance and he that is of a merry heart hath a continuall feast a Prov. 15.13 15. and therefore Eccles 8.15 he commendeth mirth because a man hath no better thing under the sun than to eate and to drinke and to be merry for that shall abide with him of his labour the daies of his life which God giveth him under the sunne and for this purpose God gives us some things that are onely for delight and of other things he often bestowes such plenty upon us as shewes it to be his pleasure that we should use them not onely for necessity but also for cheering of us that we may both taste thereby how good he is to us and also that we may the more joyfully serve him with gladnesse of heart in health and in plenty of all things Grounds of cheerefulnesse 1 A good conscience grace and hope The grounds of this Cheerefulnesse are two First inward peace of conscience in the apprehension of Gods favour and love to us in Christ Iesus in the comfortable evidence of the pardon of our sins in the undeceivable enjoying of the saving graces of Gods spirit in the truth of our conformity and obedience to God and in assured hope of everlasting life and happinesse all which will make us to rejoyce yea even in tribulation Rom. 5.3 with joy unspeakeable and glorious 2. Outward blessings The second ground of our cheerefulnesse is the outward favours and benefits that God in mercy bestowes upon us whereof wee are to take the present use and sweetnesse not depriving our selves thereof nor deading our spirits with feares of uncertaine or remote future evils according to the direction of our Saviour Mat. 6.34 Take no thought for the morrow forbidding anxious tormenting care for feare of ensuing crosses and according to the practise of Hezekiah to whom the Lord had denounced fearefull judgements upon his posterity who said Good is the word of the Lord for there shall be peace and truth in my dayes Isai 39.8 3. Physick Thirdly to preserve our lives it is requisite that we use the seasonable fit and moderate help of Physick to prevent or remove diseases which are not onely the enemies of life but are also an inchoate or begun death as Hezekiah did take a lump of figgs and laid it on his boile for his recovery 2 King 20.7 according to Gods direction by Esay the Prophet in this respect did Saint Paul direct Timothie to drinke no longer water but to use a little wine for his stomacks sake and his often infirmities 1 Tim. 5.23 that so a man may not be a deficient cause of the preservation of his owne life when God gives meanes to save or prolong it §. 6. How to use Physick Cautions about Physick 1. That wee trust not to it In taking of Physick wee are alwaies to observe these subsequent cautions First that wee dote not upon nor trust or ascribe too much to physicall meanes but that we carefully looke and pray to God for a blessing by the warrantable use of them For it is God that both directs the Physitians judgement and conscionable practise about a patient and also puts vertue into and gives healthfull operation to the medicines 2. Use it moderately Secondly that we use Physick moderately not out of wantonnesse but for necessity nor as our daily diet bringing our selves under a necessity of ever using it and so by repairing of the house of our body wee may waste and overthrow it neither are we then to use Physick when there is no needfull cause nor yet in such desperate cases where there is no hope of life but apparent signes of approching death lest under an intent of prolonging life wee doe shorten it or of curing wee doe kill where there is not strength of nature to help physick to work its due effect 3. Use it not rashly Thirdly our care about Physick must be that wee doe not unadvisedly and rashly use it either by practising upon our selves or others beyond our skill or calling or else by taking Physick from others that be either presumptuous-ignorant Empericks or prophane and desperate dispensers and undertakers neither conscionable in their owne lives nor tender of the lives of others but are more desirous of their patients monies than of their healths and therefore our endeavour should be to take physick both seasonably for time and also by the counsell and direction of such as be both skilfull persons in that facultie and also conscionable for religion and piety that God may blesse their labours the better who will be tender and carefull of mens lives working by safe courses and in manner fit for their patients good and herein what ever the effect be men may have comfort when they shall have insisted in a warrantable way 4. Not to be perplexed about the event
sometime yet the corruption and practise thereof he loves and entertaines which is sweet in his mouth and which hee hides under his tongue as Zophar saies b Iob. 20.12 as upon persevering in well doing attends eternall life so unto them that are contentious and doe not obey the truth but obey and continue in unrighteousnesse indignation and wrath is their portion and tribulation and anguish shall be upon every soule of man that doth evill Rom. 2.6 7 8 9.10 §. 13. Of the causes of mens adventure upon sinfull courses Reasons of mens so living The reasons why men do so desperatly venture upon such deadly courses and continue in them to the destruction of their owne soules are specially two 1. Seeming good First because the same seemes good to them in regard of the blindenesse of their minds a 2 Pet. 1.9 that cannot truly discerne things that differ and in regard of their unregenerated affections which do sympathize and comply best with such courses and because they are self-deceived by a seeming goodnesse of profit or present pleasure in them which they preferre before true morall goodnesse and therewithall do rest and content themselves in the ignorance and want of better comforts but a wise man will beware of self-deceit by trusting to his owne opinion or sense considering that there is a way that seemeth right to a man but the end thereof are the waies of death Prov. 14.12 2. Want of faith The second cause of mans boldnesse in adventuring to run an unlawfull course with the perill of the damnation of his soule is want of true faith to beleeve the threatnings of God in his word against the same or at the least they suppose that the judgments will not be so bad and intolerable as is given out or they hope they shall escpe them or they comfort themselves with conceit of their fellowes company and doe imagine God to be all mercy and no justice the reason hereof is both their not discerning nor regarding of the spirituall judgments of God upon them which are the greatest and worst and such as they see not sensibly and also because sentence against an evill worke is not executed speedily therefore the heart of the sonnes of men is fully set in them to doe evill Eccles 8.11 the flourishing of men in their owne ill condition hardens them and staggers the godly b Psal 73.12 13. §. 14. Of spirituall self-murder by sinning against the Gospell The second kind of sinnes of commission are against the Gospell The second kind of soul-killing courses are sinnes committed against the Gospell which is the only remedy given for transgressors of the Law that when they are condemned for their disobedience to the Law they may be saved by their obedience to the Gospell without which they cannot but perish This Evangelicall obedience differs from legall obedience in foure points 1. Obedience of the Gospell differs from obedience of the Law Done by Christs power First whereas legall obedience is originally required to be done by a mans owne power and strength Evangelicall obedience is to be done by us through the power of Christ and his Spirit working in us and by us inabling us above the power of nature 2. Acceptable with infirmity Secondly no obedience of the Law is acceptable to God from those doing it as under the Law for justification by their workes except the doers thereof be pure from inherent corruption and doe their actions in their highest degree of morall perfection without any defect therein but for the obedience of the Gospell it is accepted by God from the hands of sinfull men as perfect if it be in truth and sincerity although accompanied with many involuntary defects in our beleeving and repenting 3. It includes legall obedience Thirdly perfect legall obedience yea any obedience of the Law as legall whose performance respects justification excludes Evangelicall obedience with which in that sense it cannot consist seeing justification both by workes and faith both by the Law and Gospell are incompatible as the Apostle proves Rom. 3.28 Gal. 2.16 But Evangelicall obedience includes legall obedience as inferiour and subordinate to it for there is an Evangelicall use of the Law under the Gospell both for preparation to the beleeving of it and also for sanctification of life ordered thereby by assistance of power from Christ for manifestation of the truth of Gods grace in us to the workes whereof although imperfect a reward is due 4. It respects salvation by another Fourthly the obedience of the Law by it selfe considered respects salvation by way of morall works in our selves but the Gospell respects the same by way of application of merit from another to witt from Iesus Christ the Law cannot cure nor excuse the transgressions committed against the Gospell but the Gospell can heale and deliver us from the sinnes and judgements of the Law whatsoever they have beene and therefore it is that the transgressors against the Gospell are in farre more danger of destruction therby than by their sins against the Law §. 15. Of Infidelity Sins against the Gospell Of these soul-killing transgressions against the Gospell there are foure branches 1. Infidelity First positive unbeliefe or infidelity when a man will not beeleve savingly in Christ to have him to bee both his Saviour and Lord neither beleeves truly the Gospell in its full latitude and contents although litterally hee knowes the same but holds and beleeves deceitfull errors defending the same and applauding himselfe therein and therefore seeing that now there is no salvation but by true faith in Christ those that will not so beleeve according to the Gospell must needs perish a Iob. 3.18 1. Causes of infidelity The chiefe causes of this infidelity are First an innated habit to beleeve error before the truth 2. Secondly our carnall reason deceitfull fancies and humane presumptions upon false principles overswaying our faith contrary to the word of God whereby men turne aside to their owne crooked wayes and perish as it were in the gainsaying of Corah b Psal 125.5 Cure For prevention of this infidelity I conclude with the Apostle take heed brethren lest there bee in any of you an evill heart of unbeliefe in departing from the living God c Heb. 3.12 §. 16. Of Impenitency 2. Impenitency The second kind of sinnes against the Gospell whereby men kill their owne soules is finall impenitency when they neither care nor indeavour to repent for their sins past nor to reforme their lives for time to come but goe on in their sinnes out of love or carelesnesse of them remorse for sinnes in respect of the punishment of them is not true repentance if it bee not specially for the offence of God by them and if a man bee sorrowfull for some grosse sinnes committed by him and doe restraine his practise therefrom it is not sound repentance
comfort that upon our perseverance we shall have happinesse and life eternall So that we need not pleade uncertainty and ignorance of whether we are going to heaven or hell or whether in the state or course we live in we shall be saved or damned seeing that the Scripture makes it manifest what shall be the reward and event of every man according to the state and course he lives and dyes in that we need neither put off the knowledge nor the blame or cause of whether we shall be saved or damned upon our praedestination when wee doe determine the same in the accomplishment thereof by our owne courses CHAP. 9. Of bodily self-murder in speciall §. 1. How bodily self-murder is defined and differenced NOw we are to prosecute the second branch of self-murder which is called bodily self-murder and is thus defined Bodily self-murder is the killing of a mans owne body in destroying of his naturall life by himself his owne voluntary meanes or procurement This kind of self-murder is differenced from spirituall self-murder by two things First by the object that is killed in this the soule and spirituall life is destroyed in that the body or mans naturall life is undone Secondly they differ in the meanes and manner of killing of them the soule or spirituall life is slaine by spirituall and morall meanes the body by naturall or bodily self-willed waies §. 2. Of Mans body and its works Touching the body of man in this case we are to consider three things 1. Considerations First that it is an essentiall part and not onely an integrall part constituting the person of man without which he cannot be a man personally considered and therefore by killing of his body he destroyes his person that it ceases from being or subsisting in this world 2. Secondly the body of man is the organ or instrument whereby the soule works organically and therefore hee that kills his owne body destroyes all those works that the soule was to worke in it and which it cannot doe without it The soules morall workes in the body 1. The morall organicall works of mans soule in the body are of three sorts First such as immediatly intend and concerne the advancement of the glory of God in this life where the living and not the dead do praise him 2. Secondly such works as are serviceable for the morall and spirituall good of the person himselfe which is to bee attained and procured by life before we can come to enjoy it by death 3. Thirdly such works as promore the good of the Church and Common-wealth of both which every Christian is a member and can onely by his life and not after death benefit the same so that by killing himselfe a man wrongs God himselfe the Church and Common-wealth in bereaving them of that service and good which they all might have by his life 3. Consideration The third thing here considerable in mans body is that it with the soule makes the person and so in that respect is the subject or seate of Gods Image and therefore a man in killing of his owne body not only dishonours but also in a sort doth what in him lieth to kill God himselfe as he is similitudinarily in him and incurres the horrible crime of Laesae majestatis divinae or treason against the sacred Majesty of God Observ The body suffers by and for the soule So then the body which is the soules instrument or servant and is no way culpable or nocent but by partnership with and inserviceablenesse to the soule is ill rewarded and indignely suffers by its owne master abusing it to sinne and subjecting it to misery and punishment who is not content to weare it out but after his owne lust breakes and spoyles it whereof hee cannot turne one haire to be white or black hee spares his soule in its sinnes which he should mortifie and in a sinfull course kills his body which he should spare Naturall life is both a blessing of it selfe and also is a meanes of blessing God and others in this world and whereby wee may attaine to everlasting blessednesse hereafter Life is unsure of all which a man deprives himselfe by thus killing of himselfe which cannot be done but against the light and reluctancie of nature in all men whereby the actors declare themselves to bee unnaturall and barbarou monsters Naturall life that is a tenant at will in man is most uncertaine and soone thrust out at doores when it is not secure from him that owes it Man is unworthy of this life that is no more thankfull for it neither more values it nor makes better use of it but after his wastefull expence of it in sinfull courses desperately destroyes it God in his Word never appointed nor commended any meanes for a man to kill himselfe by because where God appoints not the end he appoints not the meanes to attaine it yet man wants not meanes to doe it by perverting his power and skill to that end and abusing other things contrary to the use for which God made them when he purposes to doe such an act so abusing both himselfe and all other things to his owne ruine The body is passive The body is but a passive subject in respect of the soule to whose power and will it is obnoxious and therefore it is the more subject to suffer and it is the more inexcusable sinne to misuse it seeing it neither deserves to be ill intreated at his hand that owes it nor yet hath it power to resist or defend it selfe against the invasions of him to whom it is committed to preserve it In this bodily self-murder not onely doth the soule turne enemy to the body but it moreover makes an unnaturall mutinie against and amongst the members raising by faction a partie for it selfe so causing the hand to stab the body and the parts to be instruments to undoe the whole and thus by intestine opposition a man subverts and pulls downe upon his owne head the tabernacle of his owne body as Samson did the house wherein he was whereby he crushes and undoeth himselfe ordinarily in body and soule §. 3. Of the degrees of self-murder and pronenesse of men to it The degrees of self-murder This self-murder of the body is either inchoate and begun only in purposes and courses tending to the effecting thereof in time if it be not seasonably prevented or else it is consummate in the full accomplishment thereof No man falls into the highest extremities of evill but by degrees the least whereof makes way for and drawes on the greatest Causes of pronenesse to self bodily murder The causes why men often are prone to the self-murdering of their bodies are two 1. First the meannesse of it in comparison of the soule for nature and durance it being but earthly and fraile whereby it must naturally die 2. Secondly in regard that by it the soule is
Coate let him have thy Cloake also and whosoever shall compell thee to goe a mile goe with him twaine a Mat. 5.38 39 40.41 For no man is so farre bound to contend for justice in his owne particular but that he may upon good reasons forbeare or dispense with his owne right whereby he incurres onely an evill of damage and not of sin 3. Of yeelding to suffer Thirdly this yeelding is not a making of the innocent sufferer to be guilty nor of the nocent wrong doer to be just or more obstinately to persist in his unjust courses no more than the not applying of medicines to the disease called No li me tangere doth foment it when the medling with it would inrage it and make it worse This course of yeelding to suffer wrongs makes way and place for passive obedience and for God the great and righteous Iudge of the world to do justice even upon the highest and to worke his owne glorious works with redresse of all such evills as neither by right nor might can bee by man reformed in which course of suffering wrong wee have the Martyrs for examples to follow §. 21. Touching the voluntary appearance of Felons at liberty upon baile to free their baile Third question Touching the voluntary appearing of Fellons to receive justice A third question reducible to this point is whether a man that for some capitall crime is under bond of his owne promise or upon some penall summe of money or upon bond of a friend for him of body for body for his personall appearing at the Assizes ought thereupon to appeare when he certainely foresees that there he shall be cast and die as put the case it be for battery or wounding of a man mortally who dies thereupon after such bond given Answer When they ought I answer if the bond for his appearance bee his owne promise hee ought in conscience to appeare because Gods Word and Law bindes us to keepe our promises if the same be not to doe sin although the same may bee damageable to us a Psal 15. but if so bee that his bond for appearance be a penall summe of money onely by sureties then all that a man hath he will give for his life so that in this case I see not that he is bound in conscience to appeare where he foresees his owne death when the Magistrate hath accepted a penall summe for fiduciary caution in stead of his personall imprisonment or other assurance for his appearance and so may shift himselfe for his safety to some place as a City of refuge to keep himselfe from the hands of the avenger of blood When againe they ought But if hee bee at liberty upon his friends bond of body for body for appearance then ought hee in conscience to appeare although hee certainely foresee that there hee shall die that he may free his friend by his meanès and for his sake so ingaged both in respect of the Law of friendship and in regard of the cause that is not his friends but his owne that by his meanes and for him an innocent man do not perish which were his grievous sinne §. 22. What a guilty person ought to do to free the innocent Fourth question Concerning an innocent mans suffering by misprision or error in stead of the nocent and what the guilty ought in that case to doe A fourth question that belongeth to this point may be this if a burglary or a murder be committed and an innocent man be attached arraigned found guilty and upon presumptions be condemned for it to die the true fellon not being knowne as it fell out where a certaine young man a Suiter to a Maid was taken cast and condemned to death and suffered for the murder and death of that maide with whom he was late in company after the rest of the family were in bed and she the next morning found murdered which fact was done by a Villaine that was hid about the house and not by the young man-suiter as the Fellon afterward confessed Whether is not the true actor of such a fact bound in conscience to discover himselfe and confesse that hee may save the life of an innocent that for his sinne he may not die Answer The nocent ought to discover himselfe I answer that hee is bound in conscience so to doe for otherwise he is guilty both by his fact and silence of the death of such an innocent man so suffering whom he might and ought to rescue now it is certaine that no man is to doe or omit that which by the doing or omission thereof either multiplies or aggravates his sin to his owne worse and eternall condemnation And how againe he is bound not to suffer other men to sinne either by rashnesse or malice in the witnesses or jurie when it is in his power to prevent it by true information as in this case he may yet I thinke he is to do it with as great circumspection for safety of his owne life as he can being sure that he leave not the truth undiscovered nor suffer the innocent to perish through his feare or neglect §. 23. About a mans voluntary revealing to the Magistrate his own secret capitall crimes Fift question A fift question hitherto belonging to bee resolved is if a man have committed a capitall crime as murder Polygamy or the like which was done so long agoe or so farre off or so secretly that none knowes or will accuse him thereof About secret capitall crimes and is so troubled in conscience about it that upon his private confession to Divines thereof and their counsell and consolations ministred to him he hath no rest nor comfort but in revenge upon himselfe is strongly tempted to destroy himselfe by his owne hands and cannot prevaile against his resolutions of doing it whether then is he to accuse himselfe of the crime and to put himselfe into the hands of Iustice to suffer for it Answer When and how the delinquent is to reveale his crimes that are capitall In this case I think such an one ought so to do both for the easing of his conscience that no otherwise can have rest that thereupon others may be affraid to venture upon sinne with presumption of secrecy when they shall see the force of conscience compelling men to blaze their owne crimes and shame And also for preventing of self-murder by submission to the sword of Iustice and to the mercy of the Magistrate who perhaps will hardly in such a case condemne a man upon his owne inditement and witnesse where there is no other that doth the same and when the act seemes to be unreasonable that any man should seeke his death where none accuseth and if he were in this case condemned it is most like that the supreme Magistrate would save such a one by pardon or replevin for the usefulnesse of his life in time to come for the sword
over-ruling providence hindering the execution and turning his will 2. Be observant of the tempted Secondly men should bee observant of such persons 1. To spie out the causes both to fish and spie out the outmost hidden lurking undiscovered causes thereof that the same may be removed that hinders the cure 2. To watch him that he do it not and also to watch him against all oppertunities and meanes whereby hee may accomplish his act of self-murder 3. Humane forcible restraint Thirdly they are to use outward forcible restraint to such an one as to a mad man shutting him up and keeping meanes of self-destruction from him as much as may be The putting by of the violent attempts and passions of self-murder which comes by fits ague-like not only restraines the act for the time beeing but may also counter-check and abate the rage of it that by degrees it may be prevailed against and asswaged Comparison as agues many times are cured accidentally by very impertinent modicines putting by the fits Observe None are self-murdered but by their owne fault From that which hath beene said touching the Antidotes for self-murder we may observe that it is a mans owne fault if he perish by self-murder in neglect of using the meanes against it Comparison For as there are medicines for all diseases so are there meanes of preservation against all sinnes too how great soever they be to prevent them and these meanes are within the reach of a mans power to use Note The benefits of recovery frō the temptatiōs of self-murder If a man once deeply plunged into these temptations of self-murder do christianly overcome the same and be soundly recovered he hath thereby a good pledge never to be so tried againe and hath a pawne and evidence of victory against other sinnes if he doe his best against them Vse of it And also for this deliverance such a one is bound to be ever exceeding thankefull to God Vpon the cure dangers Upon preservation and freedome out of these temptations of self-murder a man is to take heed of two great dangers 1. Security c. First security self-confidence and presumption whereby those corruptions and sinnes may closely grow upon him that may bring him into as dangerous a condition for his salvation as we see how Hezechia after his recovery out of his mortall sicknesse fell into other sins as he manifested by his oftentation to the messengers of Babylon in boastingly-shewing them his treasure and strength all which cost him deare a 2 King 20.13 2. Vnprofitable life to goodnesse The second danger to be avoided after such a recovery is unprofitable living when such a man spends not the life that God hath given him in speciall manner to Gods glory to the good of others and to his owne salvation which is the maine end why God gives us our lives and for the attainement thereof if we spend them not it were better for us not to live Observe The various states and great dangers that God carieth man through are very remarkable and Gods worke therein is gracious and wonderfull for which we should ever praise his glorious and blessed name with constant dependance upon and dutifull obsequiousnesse to him in all our life and wayes which God grant we may do Amen FINIS AN ALPHABETICALL Table of the materiall Contents of this Treatise directing to the Page where the same is contained or begun A ABsurdity Page 204 Abuse of power Page 162 Abuse of lawfull things procures indirect self-murder Page 109 Abused Scripture most harmefull Page 198 Act How one act of self-murder gives denomination to the doers Page 175 Actions are good not onely from intention Page 241 Adam In Adam all are self-murderers Page 124 Advancement Hope of advancement abused to evill Page 245 Adventuring Of mans adventuring upon sinfull courses the causes Page 69 Of adventuring for saving of soules and for Religion Page 141. 143. Adversity Persons in adversity how to be observed and helped Page 231 Advise To advise the tempted Page 323 Advisedly a self-murderer kils himselfe Page 160 Afflictions spirituall Page 164 Afflictions not simply evill Page 228 Of afflictions occasioning self-murder Page 211. c. In afflictions how men should order themselves Page 231 Afflicted persons doubly burdened ibid. Affections Head-strong affections and ambition are causes of mis-understanding the Scripture Page 197 Ambition cause of self-murder Page 216 241 Amorous discourses how hurtfull Page 195 Anger the cause of self-murder Page 232 Anger against a mans selfe for his sins Page 234 Antidotes for self-murder Page 311 Antiquity of self-murder Page 177 Apostacy Of finall apostacy Page 75 Apparent How it is apparent that men murder themselves Page 176. 178. 181 Apparent good affects the understanding Page 208 Appearing of fellons voluntarily at Assizes Page 135 Application of the meanes of self-killing Page 185 Application of the Word against temptations Page 315 Arguments against self-murder Page 262 274 How arguments are deemed weak or strong Page 191 Ashamed to do good Page 222 Authority man hath not to kill himselfe Page 281 B Badnesse Conceited badnesse of estate cause of self-murder Page 164 Baile for Fellons how by them to be freed Page 135 Being Goodnesse of being Page 259 Behaviour Godly behaviour signe of spirituall life Page 39 Gastly behaviour a signe of subsequent self-murder Page 260 Beleeve To beleeve errors men are strong Page 206 Benefit the benefit of well spending our lives Page 19 Benefit of death encourages against dangers Page 126 The benefits of recovery from temptations of self-murder Page 325 Beware of self murder Page 182 Blame Men blame God to excuse themselves Page 207 Blessing A blessing may become a judgement Page 166 Blindes What blindes men Page 209 Body of mans body and its works 81 with its threefold consideration ib. How the body suffers by and for the soule Page 82 The bodies imployment in murdring it self Page 162 Braves Of Braves Page 112 Publishing Of publishing the Gospell amongst Heathens Page 142 Burning Of burning of a Ship in fight by her own Master or company Page 138 C Calamities The diverse sorts of calamities Page 211 Calling Killing ones self in discharge of calling is not self-murder Page 174 Capacity Shallow capacity is cause of mis-understanding the Scripture Page 197 Capitall-crimes against human laws procuring death Page 121 Capitall-crimes how a man is to reveale against himselfe Page 137 How capitall-crimes make way for self-murder Page 256 Care Mans care of his naturall and spirituall life Page 4 Mans care ought to be most for his spirituall life Page 42 Our care to be preserved from soule-destruction Page 79 Mans care to live well Page 206 Our care to know and obey the truth Page 210 Carefull of what men should be most carefull Page 289 Carnall reason dislikes of strict obedience Page 62 Cases of leagnes and society of warre of infectious places or
unlawfull Ergo. To be more carefull to provide for the safety of their worldly goods than of their soules is wretchednesse and desperate folly which all those doe which by unlawfull meanes would preserve their estates Such mutes are so farre from being worthy of having their estates preserved by this course that therefore they should the rather lose them and themselves be the more cruelly and ignominiously entreated for being guilty of two horrible crimes first that whereof they are indited and for which they refuse to answer to be legally tryed the second is their contumacious rejecting of all just and legall courses of tryall and active obedient subjection to authority requiring their submission Touching their second and third motives of standing mute with respect onely to the matter of their worldly credit the same is meere folly because by this course they doe farre more discredit and make themselves infamous in regard that ipso facto they make themselves guilty of a double crime both of that whereof they are indited and also of contumacy against authority and law and the death of pressing that they suffer is the just reward of their obstinate mutenesse besides all their other demerits it is chiefly the morall manner of dying that is comfortable and honourable wherein such mutes are wanting Their fourth motive which is from feare proud impaciencie of suffering uniustly or inimically by others in the course of ordinary legall triall is most vaine for why should we wrong our selves that we may escape being wronged or insulted over by others this was the practise of Saul to kill himself that he might prevent being insulted over and mocked by the uncircumcised Philistims the matter of the greatest triumph to our enemies over us is to give them a victory by our owne hands both over our bodies and mindes as such mutes doe to their eternall destruction Such mutes are not onely guilty of their owne deaths but also by that course they subiect themselves to everlasting damnation both in soule and body both because they die impenitently and wilfully in a sinfull way of their owne obstinate procurement and choise and also doe cast away their soules in departing this world in uncharitable manner without either confession or clearing of themselves in lawfull manner of the crimes for which they are indited and arraigned and so perish as outlaws against both God and humane authority whose fact is equivalent to direct self-murder by wittingly and willingly doing that unlawfull act which they know will inevitably subiect them to death without hope of escape §. 6. About malefactors arraigned for crimes how they are to answer to the question Guilty or not guilty Question 2. A second question considerable about the foresaid subject is touching malefactors indited and arraigned at the barre of Iustice before a lawfull magistrate to be tryed upon their lives for some capitall crimes that they have done as petty treason burglary murder or the like touching their lives whether when they hold up their hands at the barre and are in legall manner asked the question whether they be guilty or not guilty of such a fact whereof they are indited and which indeed they themselves know they have done whether I say are they bound in conscience and may they answer affirmatively that they are guilty without any danger of being indirectly guilty of self-murder Answer They that confesse themselves to be guilty are indirect self-murderers For resolution of this question I answer that when a man is accused of such a capitall crime and is therefore brought to a legall triall whereunto he is subjected for finding or not finding him to be guilty of that fact upon the verdict of which enquiry Law and Authority is satisfied and determines their proceeding with the party for him upon that question whether he be guilty or not guilty before the triall to confesse himselfe to be guilty so by his owne onely witnesse and verdict casting himselfe upon the losse of his life hee may in a strict construction and in some sort be accompted culpable of indirect self-murder Exception Except it be in case to save innocents from suffering wrongfully for his fault or that it be for greater good of the State of the Church or of his owne Soule when the fact can no otherwise be knowne or proved against him but by his owne confession Touching a voluntary and full confession after conviction and condemnation I know none that is not of opinion that it is necessary for the salvation of the malefactors soule although his body do perish as Achan did Ioshua 7.20 That such an affirmative answer of guilty to that question makes the answerer I say in some sort indirectly guilty of self-murder although they are not the worst men morally considered that doe so I will make it plaine Reasons 1. First a malefactor by such an affirmative answer anticipates and deprives himselfe of that legall triall whereby it were possible for him to have escaped and not to have beene found guilty of that capitall fact for which he is indited and therefore by dying upon his owne onely confession witnesse and verdict which hee needed not to have done he is guilty of indirect self-murder Now for a man that hath in danger of life lawfull choise of two waies the one most certainely mortall the other more doubtfully deadly if hee choose and perish by the former he is indirectly a self murderer because he willingly rejected the latter and safer whereby he might have lived thus it is in this case of answering guilty before the triall 2. Secondly it is a naturall axiome that no man is bound to betray himself Nemo tenetur prodere seipsum quisque tenetur defendere seipsum Vnusquisque praesupponitur esse bonus donec probetur esse malus and that every one is tied to defend himselfe A Traytour saies D. Kellet Miscel li. 1. p. 164. may without sin plead not guilty that is not proved guilty at your barre where every one is presupposed to be good untill he is proved to be bad I am not guilty so farre that I am bound to accuse my selfe and this is saies hee the allowed generall acceptation of that usance For further manifestation hereof it is to be considered that the question and answer is made in a humane civill Court wherein hee is demanded not whether in Conscience but whether in Law he be guilty whereby he is bound to confesse no more against his life than can be legally proved against him specially seeing he answers not upon oath or adjuration which binds the examinate or prisoner at the barre in conscience upon obligation of religion to depose the truth concerning himselfe knowne onely to that deponent and according to whose owne testimony hee is to be acquited or condemned Of answering upon oath about crimes concerning a mans selfe but this being most unreasonable to make a man witnesse Jurie and Judge in his owne cause
about and for things secret to bring him to publick judicature and censure it is not in use among us The seeming contrary practise in this Kingdome is as I take it onely in Courts of Conscience having more spirituall power to bee used specially for the good of mens soules without blood-shedding or danger of their lives who are not required upon oath to depose of criminall matters concerning themselves but where there are first promoters and accusers offering to prove the same in which case for the better informing and resolving of the Court from the conscience of the accused in favour of whom it is originally allowed from the supreme governour and Judge of that Judicature that hee may answer his knowledge upon his oath to the articles of his accusation not with legall intention by that course to make him unnaturally to accuse or condemne himselfe where none others can or are about to doe the same but for answere in his owne defence touching the things that he is accused of thereby either to make his innocency to appeare if he be blamelesse or otherwise by his owne confession of his faults for the good of the Church and his soules health to discover the danger and shew his ingenuity that hee may repent amend and find favour Objection 1. It may be objected that such a malefactor is bound in this case to answere according to his owne conscience and knowledge that he is guilty because if he answer not guilty when he is indeed guilty he lies which is unlawfull for him to doe Answer 1. To this I reply first that the malefactors answer is to be made according to the intention of the Law and of the Iudge that moves the question Cont. Maâ—c oÌ„ lib. 4. Justa digna praescriptio est in omni quaestione ad propositum interrogationis pertinere debere sensum respensionis aliud consulenti aliud re spondere dementis est Sensus respoÌ„sionis non est ad aliud dirigendus qu im ad proposaum interrogationis according as Tertullian saith it is a just and worthy rule that in every question the answer should bee applied to the same sense and purpose to which the interrogation is made To answer of one thing when he is asked another is the part of a mad man Agaeine the sense of the answer is not to be directed to any other thing than that which was propounded in the interrogation Now the Iudge propounding according to Law this question to the prisoner at the barre art thou guilty or not guilty of this felony or the like intends not that he should answer from his onely conscience guilty which is unnaturall and suspitious for him to give witnesse and virdict against himselfe to the taking away of his owne life but that he should answer not guilty in law at the barre whereof hee stands arraigned that so for finding of him guilty of that whereof hee is indited hee may legally bee put upon the triall of God and the Countrey For the question being propounded in a disjunctive proposition art thou guilty or art thou not guilty both gives a free choise which of them to answer and also puts in minde and poynts rather to the latter as more naturall and equall than to insist upon the former It is a free and lawfull election offered in mercy and favour to the prisoner from the King by the Iudge for the indicted person to choose which he will whether voluntarily to confesse the fact or rather to put himselfe upon the triall of God and the Countrey for the same His negative answer of not guilty is but his choise and imbracing of the latter triall which is most agreeable to nature to the Law and the Kings favour and mercy in this case which he can no otherwise have but by first pleading to the indictment not guilty And so his answer and plea of not guilty is no lye although hee have done the fact whereof he pleads he is not guilty and for triall thereof puts himselfe upon God and the Country Objection 2. If it be againe objected that seeing the Law that makes this disjunctive question accepts of the prisoners affirmative answer and thereupon condemnes and executes him as David did with the Amalckite upon his confession that he had slaine Saul 2 Sam. 1.16 it seemes to be lawfull and requisite for all malefactors to answer to the question affirmatively touching the things that in conscience they are guilty of Answer I answer it is lawfull and fit for Magistrates to use many meanes to winde out the truth of facts from delinquents which malefactors are not bound upon such questions or inquisition to reveale against their owne lives in regard that every one severally is to order their practise and course according to the rules proper and pertinent to their owne conditions and callings The Law indeed accepts of the malefactors answer of Guilty and accordingly proceeds to condemne and execute him because by his confession giving testimony and verdict against himselfe he cuts of prevents and excludes himselfe from triall by others whereby he might be either cleared or condemned in regard that it is justly supposed that none other can know a man and his actions so well as himselfe doth and therefore the Law for ease certainty other politick respects doth permit and accept of such an affirmative answer but neither commands nor commends it because the Law takes notice of things and censures them politically and not theologically considered Objection 3. Thirdly it may perhaps be here replied that when a man besides his owne knowledge of his capitall fact hath upon examination before a Iustice confessed the fact under his hand which is produced against him at the Triall how can he plead negatively to the inditement Not guilty without lying either in the former or in the latter seeing of coÌ„tradictioÌ„s of necessity one must be false Answer I answer that for such an one to answer at the Barre Not guilty is not a lie nor properly a contradiction to his former confession or to his owne knowledge neither is that negative plea any concealement of the truth from being then and there knowne by such lawfull meanes as by Law and the Iudge is intended for discovery of the same which is by other evidence than a mans owne confession For clearing of the truth whereof it is to be observed that the question made to him touching his fact is propounded to him and hee charged with the fact in his Inditement in such a nature and forme of Law termes as it may be he properly understands not as whether he be guilty of that treason felony burglary or the like in which respect or Law notion put upon his fact his life is questioned and in danger to bee taken away And therefore when the question requires an answer touching his fact as it is vested in that forme or Law terme and notion he lies not nor contradicts