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
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
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
Husbands Masters Magistrates must consist with this place 3 This place must be interpreted as the other places of Scripture which have the same words And from them being three no such sence can be extorted Sect. 4. 1 Of the place Iob 7. 1. vita militia 2 Why they cite this place according to the vulgate copy 3 Of Soldiers priviledges of absence by Law 4 Iobs scope is That as warre works to peace so heere we labour to death 5 Of Christs letter to King Abgarus Sect. 5. 1 Of another place in Iob 7. 15. Anima elegit suspendium 2 Why it was not lawfull to Iob to kill himself 3 His words seeme to shew some steps toward a purpose of Self-homicide 4 Of Sextus Sâ—…nensis and of Gregories exposition therof 5 How I differ from the Anabaptists who say that Iob despaired 6 S. Hierome and the Trent Councell incurre this errour of condemning all which a condemned man says 7 Uery holy and learned men impute a more dangerous despaire to Christ then I doe to Iob. Sect. 6. 1 Of the place Io. 2. 4. Skin for Skin c. Sect. 7. 1 Of the place Eccles. 30. 16. There is no riches above a sound body 2 This place is not of safety but of health Sect. 8. 1 Of the place Exod. 20. Thou shalt not kill 2 S. Augustine thinks this Law to concerne ones self more directly then another 3 This Law hath many exceptions 4 Laws of the first table are strictioris vinculi then of the second 5 A case wherein it is probable that a man must kill himself if the person be exemplar 6 As Laws against Day-theeves may be deduced from the Law of God authorizing Princes So may this from the commandement of preferring Gods glory 7 Whatsoever might have been done before this Law this Law forbids not Sect. 9. 1 Of the place Wisd. 1. 12. Seek not death Distinct. 3. Sect. 1. 1 Of the place Mat. 4. 6. Cast thy self downe 2 That Christ when it conduced to his owne onds did as much as the devill tempted him to in this place Sect. 2. 1. Of the place Acts 16. 17. Do thy self no harme 2 S. Paul knew Gods purpose of baptizing the Iaylour 3 For else saith Calvin he had frustrated Gods way of giving him an escape by the faylours death Sect. 3. 1 Of the place Rom. 3. 8. Do not evill for good 2 In what sence Paul forbids this 3 God always inflicts malum poenae by instruments 4 Induration it selfe is sometimes medicinall 5 We may inflict upon our selves one disease to remove another 6. In things evill in that sense as S. Paul takes the word bere Popes daily dispence 7 So doe the Civill Lawes 8 So doe the Cannons 9 So doth God occasion lesse sint to avoid greater 10 What any other may dispence withall in us in cases of extremity we may dispence with it our selves 11 Yet no dispensation changes the nature of the thing and therefore that particular thing was never evill 12 The Law it self which measures actions is neither good nor evill 13 Which Picus notes well comparing it to the firmament 14 What evill S. Paul forbids here and why 15 Nothing which is once evil can ever recover of that 16 These Acts were in Gods decree preserved from those stains of circumstances which make things evill So as Miracles were written in his book of Nature though not in our copy thereof and so as our Lady is said to be preserved from Originall sinne 17 Of that kind was Moses killing of the Egyptian 18 If this place of Paul be understood of all evill 19 Yet it must admit exceptions as well as the Decalogue it selfe 20 Otherwise that application which Bellarmine and others doe make of it will be intollerable Sect. 4. 1. Of divers places which call us Temples of God 2 The dead are still his Temples and Images 3 Heathâ—… Temples might be demolished yet the Soyle remained Sacred 4 S. Pauls reason holds in cases where we avile our bodies here we advance them 5 How we must understand that our body is not our own Sect. 5. 1. Of the place Eph. 4. 15. One body with Christ. 2 This place gives Arguments to all which spare not themselves for releif of others and therefore cannot serve the contrary purpose Sect. 6. 1. Of the place Eph. 5. No man hates his own fâ—…esh 2 How Marlorate expounds this Hate Distinct. 4. Sect. 1. 1 Of the places of scripture on the other part 2 We may but our Adversaries may not make use of Examples To which the answer of Martyr and Lavatâ—…r is weake 3 The Nature Degrees and Effects of Charity 4 S. Augustines description of Her Of her highest perfection beyond that which Lombard observed out of Aug. 5 He wholoves God with all his heart may love him more 6 Any suffering in Charity hath infallibly the grace of God by Aquin. Sect. 2. 1. Of the place 1 Cor. 13. 4. Though I give my Body 2. By this it was in common reputation a high degree of perfection to die so and Charity made it acceptable 3 S. Paul speaks of a thing which might lawfully be done for such are all his gradations in this Argument 4 Tongues of Angels in what sense in this place 5 Speech in the Asse understandings of prophesies in Iudas or miraculous faith make not the possessour the better 6 How I differ from the Donatists arguing from this place that in charity there Self-Homicides were alwayes lawfull 7 To give my body is more then to let it be taken 8 How Niccphorus the Martyr gave his Body in Sapritius his roome who recanted 9 There may be some case that a man who is bound to give his body cannot doe it otherwise then by self-homicide Sect. 3. 1. Of the place Joh. 10. 11. Joh. 15. 13. The good Shepheard 2 That a man is not bound to purge himself if anothers crime be imputed to him Sect. 4. 1 Of the place Ioh. 13. 37. I will lay down my life 2 Peters readines was naturall Pauls deliborate Sect. 5. 1. Of the place Ioh. 10. 15. Of Christs example 2 Why Christ spoke this in the present time 3 Of the abundant charity of Christ. 4 Of his speech going to Emmaus 5 Of his Apparition to S. Charles 6 Of the Revelation to S. Brigid 7 Of his mothers charity 8 That none could take away Christs soule 9 His owne will the onely cause of his dying so soon by S. Augustine 10 And by Aquinas because he had still all his strength 11 And by Marlorate because he bowed his head and it fell not as ours do in death 12 In what sense it is true that the Iewes put him to Death 13 Of Aquinas opinion and of Silvesters opinion of Aquinas 14 Christ was so the cause of his death as he is of his wetting which might and doth not shut the window when it rains 15 Who imitated Christ in this actuall emission of the soul.
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
the possessor the better 6 How I differ from the Donatists arguing from this place that in charity self-homicide was alwaies lawfull 7 To give my Body is more then to let it be taken Metaph. in Niceph Martyr 8 How Nicephorus the martyre gave his body in Sapritius his roome who recanted 9 There may be a case that a man bound to give his body cannot doe it otherwise then by selse-homicide 1 Of the places Joh. 10. 11. Joh. 15. 13. 2 I need not purge my self when anothers crime is imputed to me a Sot de teg Secret Memb. 1. q. 3. b Job 15. 13. 1 Of the place Ioh. 13. 37. 2 Peters readinesse was naturall Pauls deliberate 2 Cor. 12. 15. 1 Of the place Ioh. 10. 15. 2 Why Christ saies this in the present time a Act. 15. 26. 3 Of the aboundant charity of Christ. b De Suidone pa. 1. Notae in Ca. 11. 4 Of his speech going to Emaus 5 Of his Apparition to Saint Charles c Revel Brig l. 1. ca. 59. 6 Of the Revelation to St. Brigit d Suidon p. 1. Not. in Ca. 16. 7 Of his Mothers Charitiy 8 That none could take away his foule 9 His owne will the onely cause of his dying so soone by St. Aug. 10 And by Aquin. because he had all his strength e Mar. 15. f De Tâ—…nit l. 1 cap. 13. g 2. q. 47. ar 1. ad 2. h Mat. 27. 50. 11. And by Marl. because he bowed his head and it fell not as ours in death i Luc. 18. 33. How it is true that the Jewes put him to death 13. Of Aquin. and Syluesters opinion of him k 2. q. 47. ar 1. Con. l Verbo matrimonium 14. Christ was so the cause of his death as he is of his wetting which might and doth not shut the window in raine by Aqui. 15. Who imitated Christ in this actuall emission of the soule m Aquin. supr Ioh. cap 21. l Sophro. prat spir cap. 90. dephter Anco Et Surius To. 1. feb de Sever. Raven m Sind Not. inc 21. ad 6. 16. Vpon what reasons this fashion of dying in Christ is calld Heroique and by like epithites 17. Christ is said to have done herein as Saul and Apol. and such 1 Of the places Iohn 12. 25. and Luc. 14. 26. a Heb. 11. 35. b In Ioh. 12. 25. 2. Iesuites apply particularly this hate c Reg. Iesuit Constit. spirit 8. 3. If the other place noe man hates his owne flesh be against homicide This must be for it 4. S. August denies that this place justifies the Donatists but not in all cases 1. Of the place 1. Iohn 3. 16. 2. All these places direct us to do it as Christ did it unconstraind a Phil. 1. 20. 1. Of the place Phil 1. 23. 2 Of S. Pauls gradations to this wish and his correcting of it 1 Of the place Gal. 4. 15. 2. This was more then vitam profundere by Calvin 1 Of the place Rom. 9. 3. a 1 Cor. 16. 22. 2. That this Anathema was damnation 3. That he considered not his election at that time 1 Of the place Exod. 〈◊〉 3 2. That this imprecation was not only to be blotted out of the history of the scriptures 3. It was stranger that Christ should admit such a slip downward as to wish an escape from death then that Moses should have such an exaltation upward as to save his nation by peâ—…ing Yet both without inordinatenes a Pont. Paul ad Amand. Epist. 2. 4. How by Paulinus a just man may safely say to God Dele me 1. Of examples in Scriptures 2. The phrase of Scriptures never imputes this act to any as a sin when it relates the history a Schultet Medul patr pag. 1. in l. 4. Irenaei 3. Irenaeus forbids us to accuse where God doth not 4. Bezas answer to Ochius reason that some Patriarchs lived in polygamy reacheth not our case b Beza de polyg fo 7. c Gen. 29. d Gen. 19. e 2 Sam. 9. 2. 5 For it is not evident that this is sinne by any other place of the Law which was in all his cases And here many examples concurre f Acacius de privileg l. 1. c. 3 1 Of Acts which were not fully â—…murders but approaches a 1 Reg. 20. 35 2 Of the Prophet who punished him who would not strike him 3 That when God invites men to such violence hee sayes so plainly And therefore such particular invitations may not be presumed where they are not expressed 1 Of Ioâ—…as a 1. 12. b Proem in Com. in Iona Vers. 14. 43. 9. c Lyra prolog in Iona. 2 Why Saint Hier. calls only Ionas of all the Prophets Holy 1. Of Samson Iudg. 16. a Pererius in Gen. 49. 16. 2 The church celebrates him as a Martyr b Paul Sever. Epist. 4. 3 Paulinus wishes such a death 4 They which deny that he meant to kill himselfe are cofuted by the text c Fran. de Vict. in relect de Hom. Greg. Valent. tom 3. disp 5. q. 8. p. 1. d Jud. 16. 30. 5 They which say he did not intend his own death principally say the same as we Supra 6 That Saint Aug. his answer to this fact that it was by speciall instinct hath no ground in the history e Aug. de civit Dei cap. 12. f Sayr Thesau Cas. Conse l. 7. cap. 9. Nu. 9. g Pedr. pr. 5. Hisp. 7 Of Says reasons in confirmation of August that Samson pray'd 8. Of Pedr. his reason that it was against the work of God because it was done as it was desired h v. 22. 9 That he had as much reason and authority to kill himselfe as to kill the Philistims and that it was only the glory of God i Fra. Georg. probl 438. 10. Samson in this manner of dying was a type of Christ. k Perer. in Gen. 49. 16. 1 Of Saul 1 Sam. ult 2. Whether the Amalekite did help to kill Saul a 1. Sam. ult b 2. Sam. 1. c Antiq. l. 7. cap. 15 d Hist. Schol. 3. Whether Saul be saved or no. e 1 Cro. 10. 13. Lyra. 4. In what cases the Iews and Lyra confess that a man may kill himselfe 5. Lyra's reasons why Saul is to be presumed to have dyed well f Notae in Sindou c. 21. Nu. 6. 6. Burgensis reason to the contrary that if Saul were excusable the Amalckite was so to 7. Of Sauls Armor-bearer 1. Of Achitophel 2 Sam. 15. vers 14. 2 He set his house in order And he was buried 1 Of Judas Mat. 27. 5. Act. 1. 18. a Act. 1. 18. b Euthym. in Com. in Matt. c Brent in Act. 1. 18. d Oecum â—…n Collect. Act. Apost 2. He dyed not by hanging himself in the opinion of Euthymius 〈◊〉 Oecum Papias S. Iohns disciple and Theoph. e Theophilact in Mat. 7. 3. By what meanes many places of scriptures have beene otherwise accepted then they intend 4 Iudas not accused of this in the story nor in the two propheticall Psalms of him f Psal. 69. ct 109. 5 Origens opinion of his repentance g Ex not Em. Sâ in Mat. 27. h Aquin. catena aurea 6. Calvin acknowledges all degrees of repentance which the Romane Church requireth to salvation to have beene in Iudas i Iu Mat. 27. 4. k 23. q. 5. Tu dixisti glos 7 Petilianus his opinion of his Martyrdome l Ibid. Si non licet 〈◊〉 Iudas act had some degrees of justice by S. Aug. 1. Of Eleazar Macab 1. 6. 46. Jos. Aut. 12. 15. 2. All confess that an act of vertue 3. The destruction was certaine 4. He did as much to his owne death as Samson 5 The reasons of his act in the text 6. S. Ambrose his extolling thereof a Cajet in 16. Iud. 7. Cajetanus his reason for Eleazer's justification appliable to very many other cases of Self-homicide 1. Rasis Mat. 2. 14. 2. His reasons in the text a Aquin. 22. q. 64. ar 5. b Aristotelâ—… Ethic. l. 3. c. 7. c Supra fo 130 3. Whether it be pusillanimity as Aqui. August and Aristot. says d August de civit Dei l. 1. c. 22. 4. S. Aug. confesses that to have beene greatnes of mind in Cleombrotus e c. 23. 5. How much great examples governe f Vell. Paterc de morte Grac. g Supra h Diog. Laer. l. 6. 6. That it was reputed cowardlines in Antistbenes extreamly sick not to kill himself 7. Vpon what reasons Lyra excuseth this and like actions i Relect. de homicid resp ad ult argum k Sotus l. 2. de just q. 3. ar 8. l Valeu to 3. disp 5. q. 8. 8 Burgensis reasons confesses he might have had just causes 1. Why I refraind discours of destinie herein a Alcor A20 65. 2. Man made of shadow and the devill of fire by the Alcoran 3. Our adversaries reasons contradict one another b Alcuin Ep. 23. 4 No praecept given to love our selves 5 Encouragements to contempt of death c Cypr. Serm. de mortalitate d Gratiar act de cons. e Chyrurgia mag de ulcer f Aphor. l. 2. 38. 6. Why I abstaine from particular directions g Ennodius ad Celul 7. Laws forbid ordinarie men to cure by extraordiry meanes yet the Kings of England and France Spaine cure so h Paracelsus Chyrurg Mag. tract 2. cap. 8. et de trans cap. 10. i Pet. Pomp. de incant c. 4. k Cassanaeus catal glo mun par 5. consider 1. l Cassian l. 17 cap. 17. ad 25. As Hier. Orig. Chrysost. and Cassianus are excusd for following Plato in the toleration of a ly because the church had not then pronounced so may it be in this m Observat. in Cassian in fine l. fo 740. Cornelius Celsus sent 15.