the truth and Church is bound to doe the duties of his calling notwithstanding any such former restraint or danger of disobedience to it because the power of the Church is but ministeriall under and according to God rather declarative than Soveraigne therefore what she doth tyes not men here on earth to obey it to the destruction but to the edification of the Church or at least to prevent a greater mischiefe And also because the true Church may doe no such acts of deprivation or suspension whereby to intend or effect the destruction of the Church and therefore in that case transgressing of such restraints is no disobedience to the Church but rather an obeying the intent of the same as in times of persecution we have plentifull examples specially of the Church of the Iewes against the Christians A Caveat Yet herein is to be observed that such performance of duties in that case after restraint bee done in mecke patient manner without tumults or forcible opposition of authority submitting with passive obedience where they cannot lawfully performe active This extends not to warrant any schisme or heresie that esteem themselves only to be the true Church as did the Donatists and others to oppose out of feare of their owne ruine the proceedings and restraints of the more Orthodoxe and generall body of a sound Church whose authority doth preponderate and oversway her apostating members so long as by the doctrine publikely taught in her men may be saved and built up §. 30. Against commission of evill upon any humane command or threats Fourth member about commission of evill upon humane command The fourth member of the case wherein a man ought to expose his life to death in causes concerning religion is when a man is desired commanded or threatned to doe any sinne forbidden by Gods word that then hee doe it not although he therefore doe die as Iosephs practise manifests in resisting his whorish mistris a Gen. 39.12 and the three children that would not upon the Kings command worship the golden Image to save their lives Daniel 3.18 Because it is better for us to die than deliberately and wilfully to sinne against God as the woman with her seaven sonnes did choose 2 Mach. 7. according to S. Augustines judgement who sayes that if it be propounded to a man Vt aut mali aliquid faciat aut mali aliquid patiatur eligat non facere mala quam non pati mala b Epist 204. that either he should doe some evill or suffer some calamity then let him choose rather not to doe evill than not to suffer evill Observe How we are to abhorre sin For we are ever to doe that which may most neerely unite us to God our chiefe good and to shunne what may divide us from him which nothing can doe but our sinnes specially those that consist in the transgression of the negative Commandements and are most opposite to God and incompatible with him and therefore those lawes doe binde ad semper to the alwayes observing of them and cannot be dispensed withall seeing God is unchangeable The evill of sinne should be more terrible to us than death it selfe not onely for that it is the cause of death and imbitters it but also because it deprives us of a greater good of our spirituall life that farre exceeds the naturall The beatificall object that sinne deprives us of is the infinite blessed God from whom to be separated is worse than death it self and in that respect rather than we should sinne we should choose to suffer death which is a glorious kinde of Martyrdome and a meanes of advancement to happinesse for the power and practise of the truth laying downe our lives which is a more undoubted signe of grace and salvation than is the suffering of many for holding the truth in opinion and profession Wee should choose rather not to bee than not to bee happy for the originall and end of our being is better than our being it selfe in regard that our happinesse is not of and in our selves but in and from another who is both our beginning and end §. 31. Of the kindes of sinnes of commission to be avoyded Evils of sin to be avoided These sinfull evills that wee ought thus carefully to avoid and forbeare to death are of two sorts 1. Against the law of nature First those that be directly and absolutely forbidden by the Law of nature as fundamentally unlawfull at all times and in all cases for the contrariety that they have against the nature of God and against the inbred principles of reason and conscience of which no question can be made but that wee are alwaies utterly to shun them notwithstanding any humane command or inforcement that may be to the contrary because no human power can dissolve the obligation of those ingrafted Commandements of God and nature Innata Lex Rom. 2.15 that we may be discharged in conscience from keeping of them which would overthrow both divinity and humanity neither can any free us from the punishment of the transgression of them both because equity and Law requires that the soule that sins shall die and also for that there is no power matchable with Gods and natures to protect or free us by force from their vengeance 2. Against the positive Law of God Secondly the sins that wee are to shun and not wittingly and willingly to do upon any threats or worldly danger or for any profit are those that are forbidden by the positive Law and revealed will of God the violating whereof doth wrong the soveraignty and honor of God who is the absolute and onely independant King of all the world and his will the supreame unerring rule of our obedience throughout our lives our transgression whereof is a breach of that loyalty and due subjection which wee owe to that our highest Lord. To whese positive Law conformity is more properly obedience to God than conformity to the Law of nature is by it selfe considered Because the ground of our conformity to the Law of nature is naturall inclination and Reason equally binding Heathens aswell as Christians But the ground of our conformity to the positive Law of God is principally the soveraigne Authority and Will of God himselfe which kinde of obedience is that which is properly of the Church and her members to God and proceeds from faith love feare c. Evangelicall or Thelogicall graces From which obedience to God no wight can absolve or excuse us that we may lawfully and safely subject our selves to feare to please or to obey any other in opposition or contraty to him and his will Reasons 1. Because there is none above God whose will may be preferred or equalled to his to whom all is subordinate in nature state and imployment 2. Neither is any man Lord over the Conscience either to bind or discharge it contrary to the Law or will of God that we
their unbeliefe and hard impenitency of heart but are secure and doe please themselves therein 2. Legall Secondly want of obedience to Gods word that deprives us of life is in respect of the law in omitting of performing and doing the affirmative Commandements thereof upon observation whereof all the promises of life eternall are intayled so that without the same wee cannot be saved and therefore we should keep the Commandements as our life the want of obedience to the affirmative Commandements excludes from life as the breaking of the negative Commandements subjects the transgressors to destruction §. 7. Of the reasons of defect of obedience Causes of vvant of obedience There are foure speciall causes of mens neglect of the affirmative Commandements both of the Law and Gospell 1. Omissions First because the sinnes of that kind are but omissions which are not so contrary to God nor doe so much trouble the conscience as siunes of commission neither do the affirmative Commandements binde ad semper to the ever doing of them all at all times and therefore intermission being next to omission men doe easily fall from the former into the latter 2. Carnal reason Secondly because carnall men would subject Gods Lawes and ordinances to their owne naturall reason which neither allowes nor likes the spiritualnesse nor strictnesse of Gods Commandements such men doe give dispensations to themselves for carnall moderation or omission of duties as Naaman the Syrian did 2 King 5.18 pleasing themselves therein so long as their owne wit can coyne them excuses evasions and pretenses that they may preferre their owne will and waies before Gods wisdome and Lawes 3. Contrariety of nature Thirdly because mens owne naturall dispositions and course of life are contrary to the vertues commanded therefore in favour of their old man of sinne that raignes in them they forbeare to do what may crosse or hurt the same Compatison as the naturall mother that would not have her owne child divided 1 King 3.26 the law of sinne within them prevailing against the Law of God and his Spirit neglect of duties and vertues ever attends upon their opposite contrary master-raigning sins 4. Prosit and pleasure Fourthly because that the observation of the affirmative Commandements doth more crosse a mans profit and pleasure and brings him under more opposition and hatred of the world than the keeping of the negative Commandements doth he therefore is the more apt and inclined to omit the duties of the affirmative as more troublesome to observe because they doe include the observation of the negative and are more subject to the censure of men being more sensibly discernable than the negative and doth make a greater distance and difference from the world than bare omission of evill because doing of morall good puts a man into a remoter extreame from worldlings and unconverted persons than only not doing evill §. 8. Of grace dying by mans neglect 4. Neglect of cherishing grace The fourth omission whereby a man deprives himselfe of eternall life is neglect to cherish and foment the graces of Gods Spirit begun to bee wrought in him by the meanes but le ts them die before Christ bee fully formed in him The reason because he doth not constantly and conscionably use the meanes to perfect them both in their nature and degrees neither doth improve and exercise the talent and gifts that hee hath but suffers them to perish in languishing idlenesse nor doth he indeavour to approve himselfe to God in all sincerity and holinesse according to the utmost of his power nor yet encourages himselfe to aspire after perfection by the consideration and hope of everlasting glory we should be carefull and industrious that we lose not the things that wee have wrought 2 Ioh. 8. For those onely that hold out unto the end shall bee saved a Mat. 24.13 by neglect and sloth that life of grace languishes and dies which wee might seeme to have and might be in some degrees and motions of the Spirit begun Vses The uses of this point of doctrine touching this degree of self-soule-murder by omission of the meanes of life are diverse §. 9. The harme of omission of duty 1. Omission deprives men of life First to informe our judgement wee may see that by this neglect and omission a man may cut off himselfe from spirituall life and be in this degree a self-murderer of his owne soule Want of grace deprives a man of happinesse as the Virgins want of oyle b Mat. 22.12 and the mans want of his wedding garment excluded them from the presence of the Bridegroome c and 25.12 It is not enough that a man be not an ill man by sins of commission against the negative Commandements of God except he be also a good man by his conformity to GODS affirmative Commands For it is requisite that as a man would not onely not be damned in hell but would also bee glorified in heaven that hee bee not onely carefull to avoid the sins that may subject him to the former but also that he doe embrace the vertues and doe the duties whereby hee may be fitted for and advanced to the latter and as a man is made capable of vertue and glory so should hee not onely labour to be cleare of vice but also to be indowed with vertue and holinesse Negative righteousnesse Negative righteousnesse in abstinence from sinne whereof bruits and inanimates are free is an improper and lame righteousnesse which is next to a non ens so long as it is not accompanied with vertue Omission of good duties is a more generall meanes of destruction in exclusion from life eternall than commission of evill for many doe die before they are able to doe actually any evill and many others have beene civill harmelesse men as the Philosophers and yet perished For except our righteousnesse doe exceede the righteousnesse of the Scribes and Pharisees wee shall in no case enter into the Kingdome of Heaven a Mat. 5.20 And againe commission of evill is ever accompanied with omission of the contrary good but omission of good is not alwaies so accompanied with commission of evill as we see in Infants the greatest losse and mischiefe that can betide us in our deprivation of life and happinesse which consists in the fruition of God that is infinitely good and is lost by want and omission of good for without holinesse none shall see God Punishment of damage greater than of feeling The losse of eternall life is poena damni the punishment of damage which is farre greater than the punishment of feeling and smart although it bee not so to mans seeming therefore Cain complained that he was cast out from Gods presence b Gen. 4.4 because the objects doe so farre differ as finite and infinite and the glorified in Heaven shall be more affected with that happinesse that they shall possesse than the
bringing himselfe to destruction Page 111 § 10. How indirect self-murder of commission is wrought by desperate hazard in six cases Page 112 The first case is concerning Braves and desperate undertakers Page 112 The second case is concerning purchase and reskue Page 112 The third case is concerning some souldiers Page 113 The fourth case is concerning Mariners Page 113 The fifth case is concerning Duells Page 114 The sixth case is concerning desperate attempts upon daring and wagering Page 116 § 11. Of indirect self-murder committed by covenant and society with persons destinate to destruction in three cases Page 118 1. Of Leagues Page 119 2. Of Warre ibid. 3. Of presuming into infectious places or company Page 120 § 12. Of indirect self-murder of commission by doing that which naturally procures that which kills the doer of it Page 121 § 13. Of indirect self-murder of commission by wilfully doing capitall crimes against humane Lawes and Authority Page 120 § 14. Of indirect self-murder of commission by wilfull transgression of Gods Laws after two severall waies Page 120 § 15. Of three exempt cases wherein men may expose their lives to death without danger of indirect self-murder Page 125 The first case is concerning venturing life upon lawfull calling ibid. § 16. A question or case of conscience resolved about Souldiers in danger of their lives fleeing without order Page 127 § 17. Of the second exempt case about adventuring of life without danger of indirect self-murder which is in urgent unavoidable necessity in three points Page 128 The first whereof is about both uncertaine death for certaine and necessary good ibid. And also certaine death for Superiours and for some friends Page 129 § 18. Of the second point which is concerning certaine death for certaine more publick good Page 131 § 19. Of six questions resolved that belong to this second point Page 133 The first where of is about a man-slayer what he is to do for whose sake his friends are pursued to death ibid. § 20. Of the second question which is about a man under deadly displeasure of Superiours what he is to do for to pacifie their mortall wrath reflecting for his sake upon his friends Page 133 § 21. The third question which is touching the voluntary appearing of Fellons or the like at liberty upon baile to submit to Iustice for freeing of their bailes with danger of their owne lives Page 135 § 22. The fourth question which is about what an unquestioned or unsuspected guilty party is to do for saving of a guiltlesse person that is brought to the doome and danger of death upon triall by error or misprision for the capitall fact of the former Page 136 § 23. The fifth question which is about a mans voluntary revealing to the Magistrate his owne secret capitall crimes touching his life in case of importable distresse of conscience for the same crimes by him done Page 137 § 24. The sixth question or case which is about burning or sinking a ship in a sea-sight and how farre such a fight is to be mainteyned against the Enemies without danger of self-murder Page 138 § 25. Of the third point of the second exempt case which is about venturing of life without danger of indirect self-murder for saving of soules Page 141 In two cases 1. About infectious persons ibid. 2. About publishing of the Gospell upon danger of death to the doer Page 142 § 26. Of the third generall exempt case wherein men may expose their lives to death without danger of indirect self-murder which is about religion and our owne salvation in foure points or cases Page 143 § 27. Of the first point or case which is about defence of Religion in peace and warre Page 144 § 28. Of the second point of the third case about adventuring and laying down our lives for religion without danger of self-murder which is about the publick confession or profession of the truth with danger of life Page 145 § 29. Of the third point belonging to the third exempt case which is about not-omitting doing necessary duties commanded by God in perill of life upon humane command or threats to the contrary and of the severall sorts of those duties and how farre they bind us And of the obedience and disobedience of Ministers to suspension deprivation and the like censures Page 146 § 30. Of the fourth point of the third exempt case which is about not-commission of any evill of sinne upon any command or inforcement of man threatning death to the disobedient Page 149 § 31. Of the kinds of sins of commission to be avoided to death in things determinatly evill of themselves both by the law of nature and also by the positive Law of God Page 150 § 32. Of indifferent things and how the use of them may be sinfull and in that respect then to be forborne Page 152 § 33. Of the diverse properties of an indirect self-murderer Page 154 § 34. Observations from indirect self-murder in three uses Page 155 Chap. 12. Of direct bodily self-murder § 1. What direct self-murder is both in the generall nature of it in foure things and also in the specificall nature of it remote and neere Page 159 § 2. Of the imaginary good conceited to be in self-murder Page 163 § 3. Concerning the wills object and its faultinesse Page 167 § 4. Of diverse observations from direct self-murder Page 169 § 5. Of certaine exempt cases of some that kill themselves and are not direct self-murderers Page 172 Chap. 13. Of direct self-murderers § 1. That practise and habit gives denomination and why Page 175 § 2. How it is apparent by Scripture that many men have murdered themselves with diverse observations from the same about self-murder and horrible crimes falling out in the Church Page 176 § 3. How self-murderers are apparent by Histories both prophane and Ecclesiasticall amongst heathens and Christians and the reasons of the same Page 178 § 4. That self-murderers are knowne by continued experience and of two uses of the same and how the motions of self-murder cleave to men and prevaile over them Page 181 Chap. 14. Of the meanes and method of self-murderers murdering themselves directly § 1. Of the meanes of self-murder how none is lawfull of two uses shewing how hard it is to do good and easie to do evill Page 183 § 2. The self-murderers application of the meanes of self-killing in premeditation and determination of the end and choise of the meanes to effect it with observation of three things therein and of two observations for instruction and use Page 185 § 3. Of the self-murderers method in executing murder upon themselves with observation of three things therein upon two reasons and how hardly resolved self-murder is withstood Page 187 Chap. 15. The self-murderers motives whereupon they directly kill themselves § 1. That men by abused reason do sin worst and that there is no true reason why any should kill themselves Page 189 § 2. Of motives to
so long as hee is not grieved for his sinnes of omission nor makes conscience to doe his duty in keeping the affirmative Commandements of God Of the danger of this course of impenitency the Apostle Paul gives his censure in these words But after thy hardnesse and impenitent heart thou treasurest up unto thy selfe wrath against the day of wrath and revelation of the righteous judgements of God Rom. 2.5 Cure To prevent this impenitency we must beware of custome in sinne and of slighting our spirituall estates §. 17. Of the sinne against the Holy Ghost 3. The sinne against the Holy Ghost The third branch of the sinnes against the Gospell whereby a man kills his owne soule is the sinne against the Holy Ghost which consists in hating and opposing the knowne saving truth of the Gospell a Mat. 12.31 and is called a sinne unto death 1 Ioh. 5.16 from which there is no recovery not onely because it is ever accompanied with finall impenitency but specially for that the nature of that sinne is so directly against the meanes of salvation that thereby a man cuts himselfe utterly off from it and deprives himselfe of the suffrages and prayers of the Church b 1 Ioh. 5.16 every sinne disposes a man lesse or more to this sinne which is the transcendency of all sinnes and therefore that all men may feare and not presume upon any sinfull course God hath set bounds to his mercy how farre in what cases and to whom he will shew the same and in what cases and to whom not It behooves all men as they would escape damnation to beware of this sinne which at last often causes men to lay violent hands upon themselves and to end their lives in desperation The sinnes neere approaching to it are those that men doe wilfully with a high hand commit and stand in with hatred and persecuting of the contrary vertuous courses in others Cure To avoid this sinne against the Holy Ghost wee must be carefull that wee sinne not presumptuously nor hate goodnesse and good people Things observable in it It is by way of enlargement further to be observed that this sinne against the Holy Ghost is both incident onely to persons inlightned with certaine knowledge of Christ and the Gospell a Heb. 6.4 by the Spirits illumination and are indowed with some competent measure of Evangelicall graces by the power and worke of the Holy Ghost and also that the nature of it consists in an obstinate malicious opposition of Iesus Christ and his merits and of the Gospell and of Evangelicall grace and goodnesse against divine light and convincing illumination of the Holy Ghost in those that doe it who in their very act of their opposition of Evangelicall truth and the professors and obeyers thereof doe the same with malicious refisting the very motion working and perswasion of the Spirit within them to the contrary at that very instant Observ Many more doe now in the time of the Gospell commit this sinne against the Holy Ghost How many now do commit it than could doe it in the time of the Law and many now doe come so neere unto it that they fall into the desperate estate of impenitencie and of a reprobate sense in regard of the clearenesse and abundance of the light of the Gospell contrary to which and to their owne conscience they runne with greedinesse to all excesse of wickednesse and prophanenesse with hatred and opposition of goodnesse and of the power of the Gospell and of those in that respect that are godly Note None that are affraid they have committed the sinne against the Holy Ghost or are troubled about it or grieved for it can in that case commit it neither have committed it because this sinne is done with the whole consent of will and sway of affections in a totall Apostacy with impenitency and unreconcileable hatred and persecution of the truth of the Gospell and of the professors thereof §. 18. Of Apostacy Finall Apostacy Fourthly the soule murdering sinnes committed against the Gospell are apostacy from the profession or power of it occasioned by an evill heart of unbeliefe by the profits honors pleasures or examples and temptations of the world in those that are hypocrites and unsound as were Demas a 2 Tim. 4 10. and Simon Magus b Act. 8.21 and by renouncing of God and the Gospell by compact explicit or implicit with Satan as Witches and Magitians doe resigning their soules to him and to eternall destruction Where it is to be observed that Apostates in Gods just judgement not onely runne into all excesse of impiety and prophanenesse but doe also become most bitter haters and persecuters of the profession and professors which formerly they seemed to embrace being not content to perish themselves but also are grieved that any should bee saved and stand fast in the truth Apostates are hardly ever recovered and their damnation is greater because they fall from a higher pitch than other men and against more meanes of knowledge and reluctancy whereby they are self-condemned and often at last end their dayes in despaire graduall apostacy or relecting in the power and wayes of godlinesse is incident to the godly and recoverable as wee see Revel 2.5 and therefore is not comprenended in this ranck of soul-killing-apostacy which is not fallen into at once but by degrees To persevere in the truth we must labour to be sound in the faith and to love and delight in the truth above all things The difference of sinnes Although it is certaine that all sinnes are damnable for nature in regard of their contrariety to God and his Law and are also of a condemning property in respect of their merit of due punishment of damnation For the soule that sins shall dye Ezek. 18.4 yet all sinnes are not alike as the Stoicks affirme but some are more mischievous and more repugnant than others to God himselfe and to our salvation and to the good of others and are more incompatible with justice and charity than others are as Idolatry perjury c. §. 19. Of the malignity of the sinnes against the Gospell above those committed against the Law Sinues against the Gospell worse than against the Law The sinnes that are done immediately against the Gospell are more dangerous and worse than those that are committed immediatly against the Law whereof I will give three reasons Reasons 1. First for their nature they are of a higher straine than the sinnes of the Law as the Gospell is more eminent than the Law which is intimated Heb. 10.28 29. 2. Secondly these sinnes against the Gospell are done with more opposition against more abundant meanes and grace by those that now live in the Church than the sins of the Law as Paul manifests to us 2 Cor. 3.8 3. Thirdly the sinnes against the Gospell are committed with farre more inevitable destruction than the sinnes against the
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
himselfe in answering negatively Not guilty For although hee knowes and hath elsewhere confessed himselfe to bee guilty of the fact materially considered in the substance of it yet he may be ignorant as most men are whether that fact of his formally considered is or may be found to be treason felony burglary or the like as by the inditement it is charged upon him and in which respect he is to suffer death for it if he do answer affirmatively And although he should certainly know that his fact were such in construction and termes of Law as by his Inditement the same is charged upon him yet is he not to answer affirmatively because not he but the present impannelled Iury are the competent and lawfull Iudges to find or not to find it to be such in that forme and Law quality And therefore hee is bound in conscience to answer negatively Not guilty of such a fact under that forme or terme and Law notion whereby and wherefore his life in that respect may be taken away And so by pleading not guilty hee lies not nor contradicts himselfe but thereby takes the allowed benefit of putting it to a legall triall whether his fact shall bee found against him in that sense and forme as in those Law termes he is charged with the same in his inditement and in which respect onely he can be put to death for it which course if hee should not use of answering Not guilty but that he should stand mute or answer affirmatively Guilty he should be indirectly a self-murderer as hath beene shewed Repli But then it may be further replied when such a malefactor shall after his pleading to the Inditement not guilty bee publickly examined by the Iudge about his fact considered in the substance of it without the vesture of such termes or Law notions put upon it how can he answer negatively against his conscience and former confession before a Justice Answer I answer first the Iudges questions to such an one at publick triall after his negative plea to the bill of Inditement are ministred in favour of the party arraigned both that he may upon better advisement traverse his former confession by his negative answer contrary to the which confession hee is allowed at the barre to plead not guilty And also that hee may not bee cast or condemned upon any evidence or verdit of others against him before he bee heard answer for himselfe what hee can say for the negative in his owne defence against the affirmative evidence or sentence produced against him where it is to be considered that the primary intention and expectation of the Iudge in his questions at triall is that by the prisoners answers hee may the better decerne the truth or falshood of the evidence of others against him and how himselfe may proceed in accepting of the verdit and in giving judgement according to justice and not thereby to wring affirmative answers from the arraigned against their owne lives when others cannot touch them which is contrary to the Law of nature and of God Secondly it is alwaies to be observed by every malefactor that in his answers hee doe not to save his life make any lie neither directly nor yet by equivocation or mentall reservation and also that he doe not so confesse the truth against his owne life that he should thereby make himselfe guilty of indirect self-murder Both which evils hee may avoid by the medium or middle course either of traverse and demurrer delaying and putting off the Iudge and Iury from himselfe to informe themselves by other evidences than his owne or else by silence after his generall negative plea of not guilty replying nothing to such questions as the answers thereof may intangle him either in a lie or in indirect self-murder after which manner of answering nothing our blessed Saviour behaved himself before Pilate Iohn 19.9 Although that such silence or not answering directly may be construed to be an acknowledgement of the fact that he is indited for yet thereby he shall not be active but onely passive in being found guilty and so condemned to die whereby he shall be free of indirect self-murder in that respect The confession of a malefactor upon examination before a Iustice when the same is against his owne life may bee construed to have beene either rashly and unwarrantably done by the Examinate against which therefore he is allowed at his Triall to plead not guilty or else that hee did the same upon some motives and reasons of conscience for the good and salvation of his soule which are things properly belonging to another Court And therefore in humane Courts of Assize the questions and answers in this case reach not so farre as to rack or discover the conscience of a man to the taking away of his owne life by his owne confession which the Law of nature and of God binds a man to preserve Although a capitall malefactor is bound in conscience not to lie in his answers yet he is not bound to reveale all the truth he knowes against himselfe specially where hee is not tied by some speciall divine bond so to doe A negative answer at triall is as strong to save a man as his former affirmative in confession before a Iustice can be to condemne him except either he publickly at his triall acknowledge the same or that there be some other proofe or evidence against him And therefore I conclude that it is not necessary in conscience that whatsoever truth such a man in this case hath once confessed that he should every where and at all times upon interrogatories to be answered at will confesse the same with perill of his life but that hee may be silent or forbeare to answer otherwise than he is bound by the lawes of the Court where he answers For if another be bound to keepe close a mans confession made to him of his secret faults that man is not compellable to disclose the same of himselfe specially against his owne life when he cannot doe the same without being guilty of indirect self-murder as in this case I have shewed by the rules of divinity and right reason for resolving of weak consciences in this point not intermedling to argue and determine the same by the rules of the Common-law of this Kingdome which is impertinent to my profession and beyond my understanding and therefore I leave that worke to the learned of that most Honourable profession to whose cognizance this subject legally considered doth appertaine §. 7. Of indirect self-murder by commission The second degree of indirect self-murder is by commission in divers branches The second meanes of indirect self-murder is by a course of commission or of doing things unlawfully tending to bring a man to his death which is a degree grosser than the former and consists in divers branches 1. Abuse of lawfull things First by abusing lawfull things in transgressing due moderation in their use for time
Page 311 Prevention of sinne occasioning self-murder Page 237 Prevention of error Page 199 Pride cause of self-murder Page 215. 226 Prodigality cause of self-murder Page 111 Professors How in professors gross sins are most offensive Page 178 Promises Gods promises cherish spirituall life Page 41 Properties of self-murdring sins Page 68 Prosperity of the wicked ground of self-deceit Page 156 Proud ambitious persons in danger of self-murder Page 255 Providence Gods providence how wronged by self-murder Page 268 Punishment of damage is worse than of smart Page 65 Purchase Of desperate purchase Page 112 Pusillanimity the cause of self murder in affliction Page 227 Q Questions Sixe questions resolved Page 133 135 136 137 138. R Reason Man by meanes of his reason suffers 164. Man wanting the use of reason no self-murderer Page 172 Reason abused to self-murder Page 189 Reason condemnes self-murder Page 273 Regardlesness Of regardlesness Page 260 Regenerated The regenerated preserved from self-murder Page 291 Religion For religion to adventure life 143. The defence of religion 144 Self-murder is contrary to religion 262. Religion requires the observation of the Law of nature Page 269 Repent To repent Page 157 Repentance True repentance self-murderers have not 296. 306. The use of it against self-murder Page 312 Reskue Of desperate reskue Page 112 Restraint Of forcible restraint of self-murderers Page 325 Resolution a help to obedience Page 128 What resolution is hardly altered Page 188 Resolutions of self-killing injected by Satan Page 246 Revealing Of revealing a mans own capitall faults Page 137 Revenge good and bad Page 232 Rules for understanding the Scripture Page 199 S Salvation In state of salvation none can be properly a self-murderer Page 292 Sampson proved no self-murderer Page 303 Sanctification How sanctification is wrought in us by the holy Spirit 32. 35. the degrees of it ibid. Satan To give any way to Satan is dangerous 188. Of his powerfull motions in the mind Page 247 Saved No man is saved for fulfilling the will of Gods decree Page 205 Saving For saving of soules to adventure life Page 141 Scripture mis-understood perverts judgement 195. the causes of mis-understanding of it Page 196. Abused Scripture harmefull Page 198 How rightly to understand it Page 199 It is apparent by the Scripture that men murder themselves Page 176 Sea-fight Of a sea-fight Page 138 Secrecie The reason of affectation of secrecy about self-murder Page 211 Secret When a man is to reveale his secret capitall crimes to the Magistrate Page 137 Seeming-good is cause of disobedience Page 70 Selfe Mans selfe is subject to self-murder 159. How self should behave himselfe to self Page 171 Self-blinded How man is self-blinded Page 155 Self-conceit a ground of self-deceit Page 156 Not to be self-conceited Page 210 Self-content in indirect self-murder Page 155 Self-deceived and causes of self-deceit Page 156 Self-deniall is cure of pride Page 227 Self-killing To self-killing who are most subject Page 236 Self-killing is no lawfull meanes to prevent sin Page 240 Self-killers What self-killers be not self-murderers Page 172. 290 Self-murder described what it is 2 How known by life 2. it is horrible comprehends in it murder 47. the degrees of it why slighted Page 83 Of bodily self-murder the kinds 84 defined and differenced Page 85 How self-murder is horrible and great 162. It falls our in the Church and is most blameable in Christians Page 176. 180. The meanes and way of self-murder 183. Motives of it 189 how it is heresie 233. it is proved unlawfull Page 262 How self-murder extends to the soule to hurt it 288. it is a transcendent sin and how 295. 302. It is equivalent to the sin against the holy Ghost Page 301 Self-murders antidotes 311. and how best prevented Page 323 Self-murderers many 124 how known by Scripture history and experience 178. 181. their follie 186. their secrecy 187. they are deceived 229 their goods confiscate 278. how they sin most grievously 286. they are Atheists 278. they regard not their soules 288. they are all damned 291. they want faith and true repentance 296. they are debarred from Christian buriall and why 287. their antecedent prayer and repentance is vaine and they cannot be at peace with God Page 306 Service Our service must be done before we receive our reward Page 245 Shame Of shame causing self-murder the kinds of shame Page 221 Shortnesse of life a motive to spend it well Page 19 Similies By similies self-murder condemned Page 279 Sins of commission against negative coÌ„mandements subjects to death 67 Of sins against the Gospell 70. 77. sin costs deare 77. men sin against themselves 158. how to prevent sin men murder themselves 237. sinne blinds 208. men sinning think they sin not 203. the worst sins are committed against Gods goodnesse 268 Some sins beyond Law and mercy Page 294 Sinning is a course of self-murder Page 77 Sinking or burning a ship in fight Page 138 Society with persons destinate to destruction Page 118 Solitarinesse of self-murderers Page 259 Soule The soules double act in man 7 its works in the body Page 81 The soules relation to its owne body Page 270 Soule-murder how it is self-murder 57 the degrees of it Page 58 Soule-murdering sins Page 68 Souldiers About souldiers Page 112. 127 Speeches Manner of speeches of self-murderers Page 260 Spend How to spend our lives well Page 18 Spirit Of the Spirits operation quickning us 29. how it manifests its power in the meanes 32. the evidences of its work 34. the degrees of its working 35. its worke in us about obedience 36. how it is a meanes in us to know the Scripture Page 200 Spirituall life what it is 21. the acts of it ibid. degrees of it 22. who may have it and how it is lost 24 the nature and excellency of it 26. the continuance and effects of it ibid. how to obtain it 8. 66. the signes of it 37 how preserved 39. and to be preferred 39. ibid. how it is destroyed Page 45 Spirituall-self-murder defined and differenced 58. how done by omission 59. by commission â—7 by sinning against the Gospell 70. by sinning against the Law 68. spirituall self-murder most damnable Page 78 Strictness in religious observances Page 234 Superiours For â—uperiors men should choose to die 29 Of their displeasure to be appeased and how Page 133 T Teachers False Teachers cause of mis-understanding the Scriptures Page 196 Temper of people Satan observes to tempt them Page 248 Our own tempers we should know Page 255 Temptations People under spirituall temptations are in danger of self-murder Page 254 Temptations of self-murder to be withstood Page 313 Thoughts Mans thoughts heavenly a signe of spirituall life Page 38 Our thoughts to bee rightly ordered Page 315 Torments inflicted occasion of self-murder Page 212 Transgression How transgression of Gods Law kills Page 122 Trouble of conscience and grounds thereof Page 218 Truth to be confessed 145. it is blamelesse 177. we should know and obey it