true that of Adrian the Emperor who was about 120. yeares after Christ we finde one Rescript in the body of the Law That if a Souldier do attempt to kill himselfe and not effect it except he offred it upon impatience of griefe or sicknesse or sorrow or some other cause capite plectatur Which Rescript is repeated againe in another Title and there though the other generall clause or some other cause might seeme to have reach'd farre inough are added especially for excusing causes wearinesse of life madnesse or shame You see with what moderate gradations this Law proceeded which being as it seemes to contend and wrestle with a thing customary and naturally affected extends not at all to punish it when it is done as in many other crimes the Lawes doe by confiscation and by condemning the memory of the delinquent and ignobling his race Nor embraces it all manners of doing it yea scarce any considering how benignly and favorably penall Lawes are to be interpreted Nor overtakes it all men but onely such as being of present use as well much disadvantage might grow to the Army if sodainly any numbers of them should be suffered to turne upon this naturall and easie way of delivering themselves from painfull danger as much dammage to the State if those men matriculated for Souldiers to whom there belong'd by the lawes as many priviledges and immunities under the Romane Emperors as ever did to the Clergy under their Romane Bishops after they had thus maym'd themselves and defrauded the State of their service should by this inhâ—…rent character of Souldiership enjoy all those advantages which those Lawes afforded them There is one law more in the body of the Civill Law which seemes to reach farther because it binds not it selfe to any one condition of men which is That if a man already accus'd or taken in the manner for any such crime upon which his goods should be forfeited upon conviction kill himselfe before judgement his goods shall be forfeit else nor For the Law addes her opinion of the fact Non facti celeritas est obnoxia sed conscientia metus And proceeds Qui causam mortis habet habeat successorem So that that Law presumes there are just causes to worke such an effect And upon the consideration of this Civill Law I determin'd to bestow this first Distinction Distinction II. SECT 1. THat which they call the Canon Law is of larger extent then this for it reaches to bind the Princes themselves at least by their acceptation and submission to it And as the subject of it is greater being people and Prince so is the object being the next and eternall life Yea it is so vast and undetermin'd as we know not in what books to seeke the limits thereof nor by what rules to set the land-marks of her jurisdiction For for the booke it is evident that the Primitive Church had Codicem Canonum which was inserted into the body of the Romane Law and had no other subfistence but as it was incorporated there Thereupon Gelatius writes to Theodorus the Goth King of Italy to intreat him that as by his authoritie the Romane Law was observed in Civill matters so it might be still in Ecclesiastique And after the expulsion of the Goths Leo 4. intreated and obtained the same from Lotharius From this Codex Canonnm the Emperors determined and decreed in many Ecclesiastique causes From this Codex the Councels after were governed in making their Canons as wee may see particular Canons of this Booke cited the booke being often call'd for in the Councels and being then ordinarily named The body of the Canon Law This body consisted of the Canons of nine Councels authorized by the Emperors But for those immense additions growne to it since that time of Bulls and Decretall Letters of Popes Decrees of suspitious and partiall and Sâ—…hismatick Councels for nothing is more properly Schisme and Solutio continui than a rent betweene the Civill and Ecclesiastique State which occasion'd many of the later Councels the rags of Fathers decerpted and decocted by Gratian and the glosses of these made also as authentique as the Text. I perceive not what title they have to bee of the body of the Canon Law except where the Princes have incorporated and denizen'd them But least to quarrell with their authority now might seeme in us a subter-fuge and shift to decline them as though they were heavy against us in this point which we have now in hand wee will accept them as they are obtruded and dissemble nothing which in them seemes to resist this opinion though in common entendment this law is likely to be severe against it because the civill lawes content themselves ever with any excuse or colour in favour of the Delinquents because when a fault is proved it punishes severely but the Canon Lawes which punish onely medicinally and for the soules health are apt to presume or beleeve a guiltinesse upon light evidence because those punishments ever worke good effects whether just or no. SECT II. And first because heresie which is laesa Majestas Divina of all crimes is the principall object of that Court I say that this proposition is not by any thing extant in the Canon law and therefore not at all hereticall allowing to them their largest definition of heresie which is Any thing which is against Catholique faith that is Scriptures rightly understood Or the traditions and definitions of the Church or generall Councells lawfully gathered or definition of the sea Apostolique or the common opinion of Fathers in a matter of faith The proposition may perchance seeme to some so ill qualified as it may be male sonans or temeraria or perchance sapiens heresis for all these proceed from the indisposition and distempred taste of the apprehendor which must not alwaies be idly flattred and pampred but invited to the search and discovery of truth who else being the greatest Prince in the world should have no progresse but be straightned in a wretched corner First therefore to cast a glance upon every part of the definition of heresie whether it be against the Scriptures rightly understood or no will be more properly and naturally examined when we come to the last part which is of Divine law Next there is no tradition nor definition of the Church in the point at all much lesse as of a matter of faith which is the second limbe of the definition No decree of any generall Councell No rescript or Bull of any Pope And for the common opinion of the Fathers besides that it can be no safe rule because as Azorius notes Controverters often say on both sides this is the common opinion And certainely that is the common opinion in one Age which is not in another yea in one Kingdome at the same time which is not in another though
others presume it in condemned men e Vtop l. 2. c. de servis 4 In Vtopia authorised f De leg 9. 5 And by Plato in certaine cases 6 Conclusion of the first part 1. That the law of reason is conclusions drawne from primary reason by discourse 2. How much strength Reasons deduced have 1. Of this sort of Reasons generall lawes have the greatest authority 2. For that is of there essence that they agree with law of Nature 3. And there is better testimony of their producing then of private mens opinions a Dig. l. 1. tit 3. le 1. lex est 1. Of lawes the Imperiall law ought first to be considered a Dig. l. 1. T. 1. le 9. omnes 2 The reason of that law is not abolished but our dependency upon it 3 Why this is called civill Law 4 Of the vastnes of the books from whence it is concocted and and of the extent thereof b Iustinian ep ad Trebonian c Iustinian cpi. ad DD. de Jur. docend arte d Wind. Theolog Iur. 5 Nothing in this law against our case 6. Of the law of Adrian d Dig. lib. 48. tit 19. le 38. Si quis aliquid § Qui miles e Dig. lib. 49. tit 10. le 6. Omne delictum h Dig. l. 48. tit 21. le 3. Qui rei 7 Of the other law for guilty men 1 Of the Canon Law 2 The largnes of the subject and object thereof 3 Of Codex Canonum or the body of the llaw in use in the primitive Church a Dist. 10. certum est b Dist. 10. vestrâ—… 4 Of the Additions to this Codex 5 Canon law apter to condemne then Civill and why c Paleotus de nothis c. 19. 1 That this proposition is not hereticall a Simancha Enchirid. Iud tit 24. nu 2. 2 A large definition of heresie 3 No definition of the Church in the point 4 Nor Canon 5 Nor Bull. 6 Of the comon opinion of Fathers how it varies in times and places b Moral Instit. to 1. l. 2. c. 13. c 23. q. 5. 7 Gratian cites but two fathers one of which is of our side 8 Of that part of the Canon Law to which Canonists will stand d Auto. Augustin l. de â—…mendat Gratian. l. 1. dial 1. de titulo e Idem dial 4. 9 A Cathol Bishops censure of Gratians Decret f Idem dial 3. g De libris juris Canon c. 2. 1 What any Councels have done in this point a 23. q. 5. placuit b Concll Antisidor sub Greg. 1. An. 590. c Canon 17. 3 The Councel of Antisid onely refused their oblations 3 This was but a Diocesan Councell d Notae Binnij in Conc. Antis To. 2. fo 955. e 23. q. 5. placuit 4 The Braccar Councel inflicts two punishments f 24. q. 2. Sane quid 5 The first not praying for them is of them who did it when they were excommunicate g Decret l. 5. tit 13. de torneamentis 6 The second which is deniall of buriall is not alwayes inflicted for offences as appears in an interdict locall h 13. q. 2. anim i Li. 3. tit 7. de sepulchris Eos qui. k Sylv. ad leg Reg. c. 11. l P. Manut. de leg Rom. 7 Romans buried such offenders as had satisfied the Law within the towne as Vestals and Emperors 1 Of the laws of particular Nations 2 Of our law of Felo de se. Br act f. 150. a 〈…〉 b â—…lowd Com. Hales his case 3. That this is murder in our law And the reasons which entitle the King 4 Our naturall desire to such dying probably induced this law c Bodin Rep. l. 1. c. 2. l. 6. c. 1. 5 As in States abounding with slaves the Law-makers quenched this desire d l. 33. c. 10. e Scbast Med. de Venat Pisca et aucup q. 41. f Aug. de Civi Dei l. 4. c. 27. 6 Least it should draw too fast as Hunting and Vsury are and as wine by Mahom. g Pruckinan de Venat Pisc. Aucup c. 4. h Pompon de Incantat c. 10. 7 And as severe lawes against stealing i B. Dorotheus doct 11. k Binnius to 3. par 2. f. 1476. An. 1237. 8 When a man is bound to steale l 14. Dist. 15. q. 3. 9 Scotus opinion of day theeves m Exod. 22. 3. n Tholosa Syn. l. 36. c. 22. nu 13. ex Buteler in summa rurall 10 Of such a law in Flaunders 1 Severe lawes are arguments of the peoples inclination not of the hainousnesse of the fault a Epist. ad Philip. 2 Sunday fast extremly condemned thereupon 3 So Duells in France 4 So Bull-baitings in Spain Navar. Manu li. 15. nu 18. 5 Gentle laws diminish not the nature of rape nor witchcraft b Cap. 67. c Hâ—…de his qui not infam l. 2. §. 1. 〈◊〉 2. 6 Publique benefit is the rule of extending or restraining all lawes by Bartel 7 If other Nations concur in like lawes it shews their inclination to be generall 1 The custom of the Iewes and the law of the Athenians evict nothing a De bello Jud. l. 3. c. 13. b Buxdor Syn. Iudais c. 34. a Pliny li. 36. cap. 13. 1 The reason drawne from remedies against it proves no more b A. Gellius li. 15. c. 10. 1. Of reasons used by particular men being Divines a 23. q. 5. Duplicet 1. Of S. Augustine and his Argument 2. Of St. Aug. comparatively with other Fathers 3. Comparison of Navar and Sotus 4 Jesuists often beholden to Calvin for expositions 5. In this place we differ not from St. Aug. b 22. q. 5. Sâ—… non 6. Nor in the second 7. That then may be Causa puniendi sinc culpâ—… c Reg. sur 6. 8. As Valens missed Theodosius So did Augustine pretermit the right cause 9 Of Cordubensis rule how we must do in perplexities d Aâ—…t Cordub de simonia q. 27. Editione Hispani 10 How temporall reward may be taken for spirituall office Hesychius vitae philosophorum 11. Of Pindarus death praying for he knew not what f Vbâ—… supra 2 In our place we depart from St. Aug. upon the same reason as the Jesuit Thyraeus doth g Thyrae Jesui de Daemoniacis c. 31. 〈◊〉 428. a 23. q. 5. Non est 1 The place out of S. Hiâ—…rome cited by Gratian. b Gloss. in locum supra c Idiotae Contemplatio de morte 1. Lavater confesses Aug. Hieâ—… Cryâ—… and Lactanâ—… to be of this opinion a Lavater in 1 Sam. Caâ—…lti 1 Of P. Mar. reason Mors malum a Stromat l. 4. 2 Clement hath long since destroyed that opinion 3 Of Malum 〈◊〉 b Aqui. 1. q. 48. ar 6. Câ—…n c Jo. 9. 3. 4 Possessed men are not alwaies so afflicted for sin d Thyraeus de Daemon c. 31. e Aqui. 1. q. 48. ar 6. Con. 5 Damnation hath not so much rationem mali as the least sin 6 If death were of the sorts of evill yet there may be good use of it f
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
16 Upon what Reasons this manner of dying in Christ is called Heroique and by like Epithets 17 Christ is said to have done herein as Saul and Appollonia and such Sect. 6. 1 Of the places Ioh. 12. 25. Luc. 14. 26. Of Hating this life 2. Iesuits apply particularly this Hate 3. If the place in the Ephes. No man hateth his flesh be against self-homicide this place must by the same reason be for it 4 S. Augustine denying that this place justifies the Donatists excludes not all cases Sect. 7. Of the place 1 Ioh. 3. 16. We ought to lay down our lives c. 2 All these places direct us to doe it so as Christ did it unconstrained Sect. 8. 1. Of the place Phil. 1. 23. Cupio dissolvi 2. Of S. Pauls gradations to this wish and of his correcting of it Sect. 9. 1 Of the place Gal. 4. 15. You would have plucked out your own eyes 2 This was more then vitam profundere by Calvin Sect. 10. 1. Of the place Rom. 9. 3. Anathema 2 That he wished herein Damnation 3 That he considered not his Election at that time Sect. 11. Of the place Exod. 32. 32. Dele me de libro 2 That this imprecation was not onely to be blotted out of the History of the Scripture as some say 3 It was stranger that Christ should admit that which might seeme a slip downward when he wisht an escape from death then that Moses should have such an exaltation upward as to save his Nation by perishing yet both without inordinatenesse 4 How by Paulinus a just man may safely say to God Dele me Distinct. 5. Sect. 1. 1 Of Examples in Scripture 2 The phrase of Scripture never imputes this Act to any as a sinne when it relates the History 3 Irenaeus forbids man to accuse where God doth not 4 Beza his answer to Ochius reason that some Patriarchs lived in Polygamy reaches not home to our case 5 For it is not evident by any other place of Scripture that this is sinne and here many examples conâ—…ur Sect. 2. 1 Examples of Acts which were not fully selfe-homicides but approaches 2 Of the Prophet who punished him that would not strike him 3. That when God doth especially invite men to such violence he says so plainly And therefore such particular invitations may not be presumed where they are not expressed Sect. 3. 1 Of Jonas 2 Why S. Hierome calls only Jonas of all the Prophets holy Sect. 4. 1 Of Samson 2 The Church celebrates him as a Martyr 3 Paulinus wishes such a death as Samsons 4 They which deny that he meant to kill himself are confuted by the text 5 They which say he intended not his owne death principally say the same as we doe 6 That S. Augustines answer to this fact that it was by speciall instinct hath no ground in the history 7 Of Sayr his reason in confirmation of Augustine That Samson prayed 8 Of Pedraca his reason that it was therefore the work of God because God effected it so as it was desired 9 That he had as much reason and as much authority to kill himselfe as to kill the Philistims And that was only the glory of God 10 That in this manner of dying beâ—… was a type of Christ. Sect. 5. 1 Of Saul 2 Whether the Amalekite did helpe to kill Saul Whether Saul be saved or no. 3 In what cases the Iewes and Lyra confesse that a man may kill himselfe 4 Lyra's reasons why Saul is to be presumed to have dyed well 5 Burgensis reason to the contrary That if Saul were excusable the Amalekite was so too is of no force 5 Of Sauls Armour-bearer Sect. 6. 1 Of Achitophel 2 He set his house in order and he was buried Sect. 7. 1 Of Judas 2 He dyed not by hanging in the opinion of Euthymius Occumenius Papias S. Johns disciple and Theophilact 3 By what meanes many places of Scripture have been generally otherwise accepted then the text enforceth 4 Judas not accused of this in the story nor in the two Propheticall Psalmes of him 5 Origens opinion of his repentance 6 Calvin acknowledgeth all degrees of Repentance which the Romane Church requires to Salvation to have been in Judas 7 Petilians opinion that Judas was a Martyr 8 His Act had some degrees of Iustice by S. August Sect. 8. 1 Of Eleazar 2 All confesse that it was an Act of vertue 3 His destruction was certaine to him 4 He did as much to his owne death as Samson 5 The reasons of thus Act alleadged in the Text are Morall 6 Saint Ambrose extols this by many concurrences 7. Cajetans reason for justification thereof is appâ—…able to very many other cases of Selfe-homicide Sect. 9. 1 Of Rasis 2 His reasons in the Text Morall 3 Whether it be Pusillanimity as Aristotle August and Aquinas urge 4 Saint Augustine confesseth that in Cleombrotus it was greatnesse of minde 5 How much great Examples governe 6 That it was reputed Cowardlinesse in Antisthenes being extremely sicke not to kill himselfe 7 Vpon what reasons Lyra excuses this and like actions 8 Burgensis his reason confesseth that there might have beene just causes for this act Conclusion 1 Why Jrefrained discourse of destiny herein 2 Man made of shadow and the Devill of fire by the Alcoran 3 Our adversaries reasons contradict one another 4 No precapt given of loving our selves 5 Encouragemens to contempt of death 6 Why I abstaine from particular directions 7 Laws forbid ordinary men to oure by extraordinary meanes yet Kings oâ—… England Fra. and Spaine doe it 8 As Hierom Origen Chrysost. and Cassianus are excused for following Plato in toleration of a ly because the church had not then pronounced so may it be in this THE PREFACE Declaring the Reasons the Purpose the way and the end of the AVIHOR BEZA A man as eminent and illustrious in the full glory and Noone of Learning as others were in the dawning and Morning when any the least sparkle was notorious confesseth of himself that only for the anguish of a Scurffe which over-ranne his head he had once drown'd himselfe from the Millers bridge in Paris if his Uncle by chance had not then come that way I have often such a sickely inclination And whether it be because I had my first breeding and conversation with men of a suppressed and afflicted Religion accustomed to the despite of death and hungry of an imagin'd Martyrdome Or that the common Enemie â—…nd that doore worst locked against him in mee Or that there bee a perplexitie and flexibility in the doctrine it selfe Or because my Conscience ever assures me that no rebellious grudging at Gods gifts nor other sinfull concurrence accompanies these thoughts in me or that a brave scorn or that a faint cowardlinesse beget it whensoever any affliction assailes me mee thinks I have the keyes of my prison in mine owne hand and no remedy presents it selfe so soone to my heart as mine own sword
reach to our destruction which is the neerest step to the last act of doing it intirely our selves SECT VIII Of which last act as we spoke whilst we considered the Law of Nature and must againe when we come to understand those places of Scripture which seeme to ayme towards it so before wee conclude this part of the Law of Reason we may fitly present such deductions comparisons and consequences as may justly seeme in reason to annihilate or diminish this fault Of which because most will be grounded either upon the conscience of the Doer or upon the Churches opinion of the fact when it is done wee will onely consider how farre an erring Conscience may justifie any act and then produce some examples of persous guilty of this and yet canonized by the Church by admission into the Martyrologe and assigning them their Feasts and Offices and Vigils and like religious Celebrations Therefore to make no use of Pythagorus example who rather then hee would offend his Philosophicall conscience and either tread upon the Beanes himselfe or suffer his Scholers to speake before their time delivered up himselfe and forty of them to his Enemies sword And to avoide the ambages and multiforme entangling of Schoolemen herein we will follow that which is delivered for the common opinion which is that not onely a conscience which errs justly probably and Bona side that is after all Morall industry and diligence hath beene used yet I meane not exquisite diligence but such as is proportionall to the person and his quality and to the knowledge which that man is bound to have of that thing at that time is bound to doe according to that mis-information and mis-perswasion so contracted But also if it erre negligently or otherwise viciously and mala side as long as that errour remaines and resides in it a man is bound not to doe against his conscience In the first case if one in his conscience thinke that hee ought to lye to save an innocent or that he ought to steale to save a famished man he is a Homicide if he lye not or steale not And in the second case though he bee not bound to any Act yet it is lawful to him then to omit any thing necessary otherwise And this obligation which our Conscience casts upon us is of stronger hold and of straighter band then the precept of any Superiour whether Law or person and is so much juris naturalis as it cannot be infringed nor altered beneficio divinae indulgentiae to use their owne words Which Doctrin as it is every where to be gathered among the Casuists so is it well collected and amassed and and argued and confirmed especially by Azorius If then a man after convenient and requisite diligence despoiled of all humane affections and self-interest and Sancto bonaee impatientiae igne exardens as Paulinus speaks do in his conscience beleeve that he is invited by the Spirit of God to doe such an act as Ionas Abraham and perchance Sampson was who can by these rules condemne this to be sinne And therefore I doubt there was some haste and praecepitation in Cassianus his judgement though otherwise a very just esteemer and valuer of works of devotion and obedience who pronounces that that apparition of an Angell to Hero an Eremit after 50 yeares so intense and earnest attending of Gods service and religious negligence of himselfe that he would scarse intermit Easter day from his strict fasting and being now Victoriarum conscientia plenus as the Panegyrique saies was an illusion of the Devill to make him destroy himselfe Yet Hero being drawn out of the Well into which he had cast himselfe and living three dayes after persisted in a devout acknowledgement that it was the Spirit of God which sollicited him to that and dyed in so constant an assurance and alacrity that Paphnutius the Abbat though at first in some suspence did not number him inter Biathanatos which were persons reputed vitiously to have killed themselves Nor may it be necessarily concluded that this act was therefore evill if it appeared to be from the Devill For Wierus tells us of a maid whom the Devill perswaded to goe such a Pilgrimage and at such an Altar to hear a Masse for recovery of her health Certainly if as Vasquez holds it be not Idolatry to worship the Devill in an Apparition which I thinke to be God it can be no offence to beleeve him after I have used all meanes to discerne and distinguish For not onely those Rules which are delivered ordinarily to know him by are apparantly false which are a difference in his hands or feet or some notable deformity by hornes or a tayle of which Binsfeldius seems confident of the first and h Menghi of the second But that Rule that God alwaies infuseth or commands good things if it be understood of that which is good in the common and naturall course is not alwaies safe for it held not in Abraham nor the Israelites case Therefore though Vasquez his first excuse That such a worship is not Idolatry because by reason of our immediate relation to God we never arrest nor stop upon the Devill by the way will doe no good in our case of beleeving yet his other will which he hath in the same place That there may be an invincible ignorance and that in that any exterior act whatsoever proceeding from a sincere and pure intention of the mind is an act of true Religion For safelier then the Panegyrick could say to Constantine Suacuique Prudentia Deuâ—… est may we say of every mans conscience thus rectified If therefore they will still turn in their circle and say God concurs to no evill we say nothing is so evill but that it becomes good it God command it and that this is not so naturally evill that it requires a speciall commission from Godâ—… but as it becomes good if he commands it so it becomes indifferent if he remove the reasons with which the precept against it was conditioned If they returne to S. Augustins two reasons against Donatus whereof the first was we have authority to save thy body against thy will And the second None of the faithfull ever did this act we are thereby hastned to the other consideration how they which have done it have been esteemed of by the Catholique Church But to speake a little in passing of Saint Augustines second reason for the first hath very little force since though it may be lawfull to preserve a man willing to die yet it is not alwaies of merit nor obligatory And therefore Ignatius doth so earnestly dehort the Româ—…ns from endeavouring to succour him And Corona Civica which was given to any which had rescued a Citizen in the warres was not given though he produced witnesses of the fact except the person so rescued confessed that he
received a benefit thereby why doth S. Augustine referre Donatus in that second reason to examples For if Donatus had produced any as out of credible and authentique History he might very many and out of Scriptures Canonick in St. Augustines opinion he might have alledged the example Eleazar and of Rasis Saint Augustine was ever provided for this retrait That it was a speciall inspiration and not to be drawn into consequence or imitation Had it been a good Argument in Rome for 500. yeeres that Divorce was not lawfull because no example was of it Or almost for 2000. That a woman might not sue it against her Husband because till Herods daughter there was no example of it But now when the Church hath thus long persevered in not only justifying but solemnizing many examples hereof are not Saint Augustines Disciples guilty of the same pertinacy which is imputed to Aristotles followers who defending the Heavens to be inalterable because in so many ages nothing had been observed to have been altered his Schollers stubbornly maintain his Proposition still though by many experiences of new Stars the reason which moved Aristotle seems now to be utterly defeated Thus much being spoken by the way of Saint Augustine and having purposely sepos'd the examples recorded in the Scriptures for our third part we will consider some Examples registred in the Ecclesiastick History The Church whose dignity and constancy it becomes well that that Rule of her owne Law be ever justly said of her self Quod sâ—…mel placuit amplius displicere non potest where new reasons do not interpose celebrates upon the 9. of February the Birth that is the death of the Virgin and Martyr Appollonia who after the persecutors had beat out her teeth and vexed her with many other tortures when she was presented to the fire being inflamed with a more burning fire of the Holy Ghost broke from the Officers hands and leapt into the fire For this act of hers many Advocates rise up for her and say that either the History is not certain yet the Authors are Beda Usuardus Ado and as Barronius sayes Latinorum caeteri Or else says Sayr you must answer that she was brought very neer the fire and as good as thrown in Or else that she was provoked to it by divine inspiration But but that another divine inspiration which is true Charity moved the beholders then to beleeve and the Church ever since to acknowledge that she did therein a Noble and Christian act to the speciall glory of God this act of hers as well as any other might have been calumniated to have been done out of wearinesse of life or fear of relapse or hast to Heaven or ambition of Martyrdome The memory of Pelagia as of a virgin and Martyr is celebrated the ninth of June And though the History of this woman suffer some perplexity and giue occasion of doubting the truth thereof for Ambrose says That she and her Mother drownd themselves and Chrysostome that they slung themselves downe from a house top And Baronius saw this knot to be so hard to unentangle that he says Quid ad hac dicamus non habemus yet the Church as I said celebrates the Act as though it were glad to take any occasion of approving such a courage in such a cause which was but preservation of Chastity Their Martyrdome saith Saint Augustine was ever in the Catholique Church frequented Veneratione Celeberrima And Saint Ambrose when his sister Marcellina consulted him directly upon the point what might be thought of them who kill themselves in such cases and then it is agreed by all that the opinions of the Fathers are especially to be valued when they speake of a matter not incidently or casually but directly and deliberately answers thus We have an example of such a Martyrdome in Pelagia And then he presents her in this religious meditation Let us die if we may have leave or if we be denied leave yet let us die God cannot be offended with this when we use it but for a remedy and our faith takes a way all offence Here is no difficulty for who is willing to dye cannot since there are so many waies to death I will not trust my hand least it strike not home nor my breast least it withdraw it selfe I will leave no escape to my flesh for we can dve with our own weapons and without the benefit of an Executioner And then having drest her selfe as a Bride and going to the water Here sayes she let us be baptized this is the Baptisme where sinnes are forgiven and where a kingdome is purchased and this is the baptisme after which none sinnes This water regenerates this makes us virgines this opens heaven defends the feeble delivers from death and makes us Martyrs Onely we pray to God that this water scatter us not but reserve us to one funerall Then entred they as in a dance hand in hand where the torrent was deepest and most violent And thus dyed as their mother upon the bank called them These Prelates of virginitie Captaines of Chastitie and companions in Martyrdome And before Ambrose we finde Eusebius to have been of the same perswasion who thus produces the Mother encouraging them You know how I have brought you up in the feare of God and shall your nakednesse which the publike ayre hath not haâ—… leave to see now be prostituted in the Stewes Have not so little faith in God as to feare death Despise not Chastity so much as to live with shame but with a pure and chaste death condemne this world And so deluding their Keepers as though they withdrew for naturall necessities they drowned themselves All Authors of that time are so profuse in the praise of this fact that it is just to say thereof as Pliny sayes of Nervaes adopting Trajane It was impossible it should have pleased all when it was done except it had pleased all before it was done For no Author that I have lighted upon diminished the glory of these and such other untill Saint Augustine out of his most zealous and startling tendernesse of conscience began to seeke out some waies how these Selfe-homicides might be justified because he doubted that this act naturally was not exempt from taxation And yet ever hee brings himselfe to such perplexitie as either he must defend it and call in question the authority of a generall consonance of all times and Authors or retire to that poore and improbable defence that it was done by Divine instinct Which can very hardly be admitted in this case where not their Religion but onely their Chastitie was solicited and attempted Nor can Saint Ambrose or Eusebius be drawn to that opinion of especiall Divine instinct because speaking ex animo though in the mothers person they incite them to it with reasons from Morrall vertues Yet
Saint Augustines example as it prevailes very much and very justly for the most part hath drawne many others since to the like interpretation of the like acts For when the kingdome of Naples came to bee devided betweene Ferdinand the fifth and Lewis the twelfth the French Army being admitted into Capua upon condition to do no violence amongst many outrages a virgin not able to escap the fury of a licentious Souldier offered for ransome to lead him to treasure and so tooke advantage of a place in the wall to fling her selfe into the River Which act sayes Pedraça we must beleeve to be done by Divine inspiration because God loves chastity now as well as ever he did Which escape every side may finde easie if being pressed with reason they may say as Peter Martyr doth of the Egyptian Midwives and of Rahab and such If they did lye they did it impulsu Dei But as our custome hitherto hath been let us depart from Examples to Rules though concurrence of Examples and either an expresse or interpretative approbation of them much more such a dignifying of them as this of the whole Church and of Catholike Authors approved by that Church bee equivalent to a Rule And to ease the Reader and to continue my first resolution of not descending into many particulars I will onely present one Rule but so pregnant that from it many may be derived by which not onely a man may but must doe the whole and intire action of killing himselfe which is to preserve the scale of Confession For though the Rule in generall bee That if a Spider fall into the Chalice the Wine may be changed because Nihil abominabile debet sumi occasione hujus Sacramenti And so it may if the Priest after Consecration come to the knowledge that the Wine is poysoned Ne calix vitae vertatur in mortem Yet if hee know this by Confession from his assistant or any other and cannot by any diversion nor disguise escape the discovering that this was confessed to him without drinking it if it bee poyson he mâ—…st drinke it But because men of more abundant reading active discourse and conclusive judgement will easily provide themselves of more Reasons and Examples to this purpose it shall satisfie me to have awakened them thus much and shewed them a marke to direct their Meditations upon And so I may proceed to the third Part which is of the Law of God The Third Part. OF THE LAW OF GOD. Distinction I. SECT I. THat light which issues from the Moone doth best represent and expresse that which in our selves we call the light of Nature for as that in the Moone is permanent and ever there and yet it is unequall various pale and languishing So is our light of Nature changeable For being at the first kindling at full it wayned presently and by dedeparting further and further from God declined by generall sinne to almost a totall Eclipse till God comming neerer to us first by the Law and then by Grace enlightned and repayred it againe conveniently to his ends for further exercise of his Mercy and Justice And then those Artificiall Lights which our selves make for our use and service here as Fires Tapers and such resemble the light of Reason as wee have in our Second part accepted that Word For though the light of these Fires and Tapers be not so naturall as the Moone yet because they are more domestique and obedient to us wee distinguish particular objects better by them then by the Moone So by the Arguments and Deductions and Conclusions which our selves beget and produce as being more serviceable and under us because they are our creatures particular cases are made more cleare and evident to us for these we can be bold withall and put them to any office and examine and prove their truth or likeliehood and make them answere as long as wee will aske whereas the light of Nature with a solemne and supercilious Majestie will speake but once and give no Reason nor endure Examination But because of these two kindes of light the first is to weake and the other false for onely colour is the object of sight and we not trust candlelight to discerne Colours we have therefore the Sunne which is the Fountaine and Treasure of all created light for an Embleme of that third best light of our understanding which is the Word of God Mandatum lucerna Lex lux sayes Solomon But yet as weake credulous men thinke sometimes they see two or three Sunnes when they see none but Mâ—…teors or other apparance so are many tâ—…ansported with like facilitie or dazeling that for some opinions which they maintaine they think they have the light and authority of Scripture when God knowes truth which is the light of Scriptures is Divine truely under them and removed in the farthest distance that can bee Iâ—… any small place of Scripture mis-appeare to them to bee of use for justifying any opinion of theirs then as the Word of God hath that precious nature of gold that a little qâ—…antity thereof by reason of a faithfull tenacity and ductilenesse will be brought to cover 10000. times as much of any other Mertall they extend it so farre and labour and beat it to such a thinnesse as it is scarce any longer the Word of God only to give their other reasons a little tincture and colour of gold though they have lost all the waight and estimation But since the Scripture it self teaches That no Prophâ—…cie in the Scripture is of private interpretation the whole Church may not be bound and concluded by the fancie of one or of a few who being content to enslumber themselves in an opinion and lazy prejudice dreame arguments to establish and authorize that A professed interpreter of Dreames tells us That no Dreame of a privatâ—… man may be interpreted to signifie a publike businesse This I say because of those places of 〈◊〉 which are aledged for the Doctrin which we now examine scarce any one except the Precept Thou shalt not kill is offered by any two Authors But to one one place to another another seemes directly to governe in the point and to me to allow Truth her naturall and comely boldnesse no place but that seemes to looke towards it And therefore in going over all those sentences which I have gathered from many Authors and presenting convenient answers and interpretations thereof I will forbeare the names of those Authors who produced them so impertinently least I should seeme to discover their nakednesse or insimulat them even of prevarication If any Divine shall thinke the cause or persons injured herein and esteeme me so much worth the reducing to the other opinion as to apply an answer hereunto with the same Charitie which provoked me and which I thanke God haâ—…h accompanied me from the beginning I beseech him to take thus much advantage
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.